As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 283 5
1999-2000 6
REPRESENTATIVES THOMAS-JONES-CORE-AMSTUTZ-CORBIN-MOTTLEY- 8
METZGER-MEAD-HOOPS-VESPER-STAPLETON-O'BRIEN-CAREY-PERZ- 9
COUGHLIN-GOODMAN-WILSON-BOYD-PERRY-OPFER-BARRETT-EVANS- 11
WOMER BENJAMIN-WINKLER-HARRIS-HAINES-BATEMAN-AUSTRIA-
KRUPINSKI-SYKES-OLMAN-JOLIVETTE-DAMSCHRODER-R.MILLER-HEALY- 12
SENATORS RAY-HOTTINGER-GARDNER-CARNES-JOHNSON-KEARNS- 13
WHITE-FINGERHUT-PRENTISS-SPADA-DRAKE-WATTS 14
_________________________________________________________________ 16
A B I L L
To amend sections 9.06, 9.07, 102.02, 103.143, 18
103.71, 103.73, 103.74, 109.081, 111.18, 117.14, 20
117.44, 117.45, 118.01, 118.05, 118.08, 120.04,
120.06, 120.18, 120.28, 120.33, 121.05, 121.24, 21
121.371, 122.011, 122.05, 122.15, 122.152, 22
122.71, 122.92, 124.04, 124.07, 124.181, 125.023, 23
125.111, 125.15, 125.28, 126.12, 126.21, 126.25, 24
126.31, 126.32, 127.16, 129.55, 129.63, 129.73, 25
131.01, 133.20, 135.63, 149.30, 159.03, 159.04, 26
166.03, 166.05, 167.03, 169.02, 169.03, 169.09, 27
173.35, 307.851, 307.86, 307.98, 311.01, 329.04, 29
329.06, 329.12, 340.03, 341.011, 718.01, 742.63, 30
753.19, 901.41, 901.62, 901.63, 924.51, 1101.15, 31
1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 32
1155.10, 1155.13, 1161.09, 1161.38, 1163.09,
1163.13, 1163.16, 1181.06, 1301.01, 1309.401, 33
1317.07, 1321.57, 1322.02, 1322.10, 1501.01, 34
1507.01, 1507.12, 1515.091, 1521.04, 1547.67,
1547.68, 1547.72, 1555.12, 1751.68, 2108.15, 35
2305.232, 2941.51, 2949.17, 2949.19, 2949.20, 36
2949.201, 3109.13, 3109.14, 3109.15, 3109.16, 37
3109.17, 3109.18, 3301.68, 3375.90, 3383.08, 38
2
3501.18, 3501.21, 3517.152, 3701.04, 3701.261, 39
3701.262, 3701.263, 3701.89, 3701.99, 3702.52, 40
3702.57, 3702.58, 3702.68, 3705.24, 3721.31, 42
3721.33, 3722.01, 3722.011, 3722.10, 3722.15,
3722.16, 3734.02, 3734.05, 3734.06, 3734.18, 43
3734.28, 3734.57, 3734.82, 3734.87, 3734.901, 45
3742.03, 3742.04, 3742.05, 3742.08, 3742.19,
3745.11, 3748.07, 3748.13, 3750.02, 3769.20, 46
3793.08, 3793.10, 3793.12, 4105.17, 4112.04, 47
4112.12, 4163.07, 4301.10, 4301.30, 4301.43, 49
4301.62, 4303.06, 4303.07, 4303.10, 4303.181,
4303.182, 4303.30, 4303.35, 4399.12, 4511.191, 51
4511.83, 4701.03, 4701.06, 4703.36, 4703.37, 52
4709.01, 4712.01, 4713.01, 4713.10, 4713.17, 54
4717.03, 4717.05, 4717.07, 4717.13, 4723.06, 55
4723.08, 4723.28, 4725.16, 4725.17, 4729.54,
4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 57
4735.07, 4735.09, 4735.14, 4735.141, 4736.12, 58
4741.17, 4741.19, 4747.05, 4747.06, 4747.07, 59
4747.10, 4747.13, 4759.05, 4759.06, 4766.02,
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 60
4911.17, 4931.11, 4931.21, 4931.99, 4933.14, 61
4937.02, 4981.09, 5101.03, 5101.16, 5101.21,
5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 62
5101.541, 5101.544, 5101.83, 5101.93, 5104.30,
5104.32, 5104.34, 5104.38, 5107.02, 5107.05, 64
5107.10, 5107.16, 5107.18, 5107.22, 5107.24,
5107.26, 5107.28, 5107.541, 5107.60, 5107.72, 65
5108.06, 5111.01, 5111.022, 5111.23, 5111.231, 66
5112.01, 5112.03, 5112.06, 5112.07, 5112.08, 68
5112.09, 5112.17, 5112.18, 5115.01, 5117.07,
5117.09, 5119.22, 5119.61, 5120.14, 5121.03, 69
5121.04, 5121.06, 5121.07, 5121.08, 5121.09, 70
5121.10, 5123.60, 5126.35, 5139.27, 5139.271, 71
3
5139.28, 5139.281, 5139.43, 5139.50, 5139.51, 72
5139.55, 5145.30, 5502.21, 5502.22, 5502.25, 73
5502.28, 5502.34, 5515.01, 5528.36, 5703.05, 74
5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 75
5709.632, 5709.83, 5711.16, 5711.22, 5727.01,
5727.111, 5727.12, 5727.30, 5727.31, 5727.311, 76
5727.32, 5727.33, 5727.38, 5727.42, 5727.48, 77
5727.50, 5727.60, 5733.05, 5733.16, 5733.33,
5733.98, 5739.31, 5741.02, 5743.08, 5743.14, 78
5743.55, 5743.59, 5743.99, 5747.11, 5907.11, 79
5907.13, 5907.141, 5907.15, 6109.01, 6109.21, and 80
6119.10; to amend, for the purpose of adopting 81
new section numbers as indicated in parentheses,
sections 3701.261 (3335.60), 3701.262 (3335.61), 82
and 3701.263 (3335.62); to amend, for the purpose 84
of adopting a new section number as indicated in
parentheses, section 122.75 (122.751) of the 85
Revised Code as it results from Am. Sub. H.B. 117 86
of the 121st General Assembly; to enact new 87
sections 122.75, 2108.021, and 2151.55 and
sections 9.08, 101.30, 101.301, 117.441, 121.481, 88
122.19, 122.20, 122.21, 122.22, 131.39, 135.91, 89
135.92, 135.93, 135.94, 135.95, 135.96, 135.97,
166.032, 173.011, 173.401, 329.023, 329.041, 90
329.07, 340.091, 1181.18, 1501.25, 2108.022, 91
2108.023, 2151.551, 2151.552, 2151.553, 2151.554, 93
2744.10, 3335.99, 3353.06, 3353.07, 3701.043,
3701.044, 3721.025, 3722.18, 3734.281, 3769.201, 94
4112.15, 4115.101, 4117.24, 4723.282, 4939.01,
4939.02, 4939.03, 5101.072, 5101.34, 5101.341, 96
5101.342, 5101.343, 5101.50, 5101.501, 5101.502, 98
5101.503, 5101.51, 5101.511, 5101.512, 5101.513,
5101.514, 5101.515, 5101.516, 5101.517, 5101.518, 100
5101.519, 5101.85, 5101.851, 5101.852, 5101.853,
4
5101.854, 5104.341, 5107.11, 5107.161, 5107.17, 101
5107.61, 5111.014, 5111.025, 5111.026, 5111.173, 102
5117.071, 5119.631, 5126.054, 5126.357, 5153.123, 104
5709.70, 5727.24, 5727.25, 5727.26, 5727.27,
5727.28, 5727.29, 5733.351, 5733.39, and 5733.42; 105
and to repeal sections 101.64, 117.16, 1155.131, 106
1163.17, 2108.021, 2151.55, 4113.14, 4121.07, 107
4931.01, 4931.03, 4931.08, 4931.20, 4931.23,
4931.24, 5107.77, 5111.172, and 5115.08 of the 108
Revised Code; to repeal section 122.75 of the 110
Revised Code as it purportedly results from Am. 111
Sub. H.B. 356 of the 121st General Assembly; to 112
repeal the version of section 2108.15 of the 113
Revised Code that is to take effect on December 114
31, 2000; and to amend Section 5 of Am. Sub. S.B. 115
50 of the 121st General Assembly, as subsequently
amended; to amend Section 153 of Am. Sub. H.B. 117
117 of the 121st General Assembly, as 118
subsequently amended; to amend Section 3 of Am.
Sub. H.B. 440 of the 121st General Assembly, as 119
subsequently amended; to amend Section 3 of Sub. 120
H.B. 694 of the 122nd General Assembly; to amend
Sections 3.01, 3.03, 21, and 30.25 of Am. Sub. 121
H.B. 850 of the 122nd General Assembly; to amend
Section 3 of Am. Sub. H.B. 621 of the 122nd 123
General Assembly; to amend Section 4 of Sub. H.B. 124
167 of the 121st General Assembly, as
subsequently amended; to amend Section 4 of Sub. 125
H.B. 167 of the 121st General Assembly, as
subsequently amended, for the purpose of changing 126
its number to section 5101.86; to repeal Sections 127
3 and 50.48 of Am. Sub. H.B. 215 of the 122nd 128
General Assembly; to repeal Section 25 of Am.
Sub. H.B. 650 of the 122nd General Assembly; and 130
5
to repeal Section 17.03 of Am. Sub. H.B. 850 of 131
the 122nd General Assembly to make operating 132
appropriations for the biennium beginning July 1, 133
1999, and ending June 30, 2001, and to provide
authorization and conditions for the operation of 134
state programs, and to terminate the Muskingum 136
River Advisory Council on December 31, 2002, by
repealing section 1501.25 of the Revised Code on 137
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 139
Section 1. That sections 9.06, 9.07, 102.02, 103.143, 141
103.71, 103.73, 103.74, 109.081, 111.18, 117.14, 117.44, 117.45, 143
118.01, 118.05, 118.08, 120.04, 120.06, 120.18, 120.28, 120.33, 144
121.05, 121.24, 121.371, 122.011, 122.05, 122.15, 122.152, 145
122.71, 122.92, 124.04, 124.07, 124.181, 125.023, 125.111, 146
125.15, 125.28, 126.12, 126.21, 126.25, 126.31, 126.32, 127.16, 147
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, 148
307.851, 307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 340.03, 151
341.011, 718.01, 742.63, 753.19, 901.41, 901.62, 901.63, 924.51, 152
1101.15, 1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 1155.10, 153
1155.13, 1161.09, 1161.38, 1163.09, 1163.13, 1163.16, 1181.06, 154
1301.01, 1309.401, 1317.07, 1321.57, 1322.02, 1322.10, 1501.01, 155
1507.01, 1507.12, 1515.091, 1521.04, 1547.67, 1547.68, 1547.72, 156
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, 158
3109.18, 3301.68, 3375.90, 3383.08, 3501.18, 3501.21, 3517.152, 159
3701.04, 3701.261, 3701.262, 3701.263, 3701.89, 3701.99, 3702.52, 161
3702.57, 3702.58, 3702.68, 3705.24, 3721.31, 3721.33, 3722.01, 163
3722.011, 3722.10, 3722.15, 3722.16, 3734.02, 3734.05, 3734.06, 164
3734.18, 3734.28, 3734.57, 3734.82, 3734.87, 3734.901, 3742.03, 166
3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 3748.07, 3748.13, 167
6
3750.02, 3769.20, 3793.08, 3793.10, 3793.12, 4105.17, 4112.04, 168
4112.12, 4163.07, 4301.10, 4301.30, 4301.43, 4301.62, 4303.06, 169
4303.07, 4303.10, 4303.181, 4303.182, 4303.30, 4303.35, 4399.12, 171
4511.191, 4511.83, 4701.03, 4701.06, 4703.36, 4703.37, 4709.01, 172
4712.01, 4713.01, 4713.10, 4713.17, 4717.03, 4717.05, 4717.07, 174
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, 176
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 4747.06, 178
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, 179
4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 5101.16, 5101.21, 180
5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 5101.541, 5101.544, 181
5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 5104.38, 5107.02, 183
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, 184
5111.23, 5111.231, 5112.01, 5112.03, 5112.06, 5112.07, 5112.08, 186
5112.09, 5112.17, 5112.18, 5115.01, 5117.07, 5117.09, 5119.22, 187
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, 189
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, 191
5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 5709.632, 5709.83, 192
5711.16, 5711.22, 5727.01, 5727.111, 5727.12, 5727.30, 5727.31, 193
5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 5727.48, 5727.50, 194
5727.60, 5733.05, 5733.16, 5733.33, 5733.98, 5739.31, 5741.02, 195
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 196
amended; sections 3701.261 (3335.60), 3701.262 (3335.61), and 198
3701.263 (3335.62) be amended for the purpose of adopting new
section numbers as indicated in parentheses; section 122.75 199
(122.751) as it results from Am. Sub. H.B. 117 of the 121st 200
General Assembly be amended for the purpose of adopting a new 201
section number as indicated in parentheses; Section 4 of Sub. 202
H.B. 167 of the 121st General Assembly, as amended by Sub. H.B. 203
7
710 of the 121st General Assembly and Am. Sub. H.B. 215 of the 204
122nd General Assembly, be amended and renumbered as section 205
5101.86; and new sections 122.75, 2108.021, and 2151.55 and 206
sections 9.08, 101.30, 101.301, 117.441, 121.481, 122.19, 122.20, 208
122.21, 122.22, 131.39, 135.91, 135.92, 135.93, 135.94, 135.95, 209
135.96, 135.97, 166.032, 173.011, 173.401, 329.023, 329.041, 210
329.07, 340.091, 1181.18, 1501.25, 2108.022, 2108.023, 2151.551, 211
2151.552, 2151.553, 2151.554, 2744.10, 3335.99, 3353.06, 3353.07, 212
3701.043, 3701.044, 3721.025, 3722.18, 3734.281, 3769.201, 213
4112.15, 4115.101, 4117.24, 4723.282, 4939.01, 4939.02, 4939.03, 214
5101.072, 5101.34, 5101.341, 5101.342, 5101.343, 5101.50, 215
5101.501, 5101.502, 5101.503, 5101.51, 5101.511, 5101.512, 216
5101.513, 5101.514, 5101.515, 5101.516, 5101.517, 5101.518, 217
5101.519, 5101.85, 5101.851, 5101.852, 5101.853, 5101.854,
5104.341, 5107.11, 5107.161, 5107.17, 5107.61, 5111.014, 219
5111.025, 5111.026, 5111.173, 5117.071, 5119.631, 5126.054, 220
5126.357, 5153.123, 5709.70, 5727.24, 5727.25, 5727.26, 5727.27, 221
5727.28, 5727.29, 5733.351, 5733.39, and 5733.42 of the Revised
Code be enacted to read as follows: 222
Sec. 9.06. (A)(1) The department of rehabilitation and 231
correction shall contract for the private operation and 233
management pursuant to this section of the initial intensive
program prison established pursuant to section 5120.033 of the 234
Revised Code and may contract for the private operation and 236
management of any other facility under this section. Counties 237
and municipal corporations to the extent authorized in sections 239
307.93, 341.35, 753.03, and 753.15 of the Revised Code, may 240
contract for the private operation and management of a facility
under this section. A contract entered into under this section 242
shall be for an initial term of not more than two years, with an 243
option to renew for additional periods of two years.
(2) Not later than December 31, 1998, the department of 246
rehabilitation and correction, by rule, shall adopt minimum 247
criteria and specifications that a person or entity, other than a 248
8
person or entity that satisfies the criteria set forth in 249
division (A)(3)(a) of this section and subject to division (I) of 251
this section, must satisfy in order to apply to operate and 252
manage as a contractor pursuant to this section the initial 253
intensive program prison established pursuant to section 5120.033 254
of the Revised Code. 255
(3) Subject to division (I) of this section, any person or 258
entity that applies to operate and manage a facility as a 260
contractor pursuant to this section shall satisfy one or more of
the following criteria: 261
(a) The person or entity is accredited by the American 263
correctional association and, at the time of the application, 265
operates and manages one or more facilities accredited by the 268
American correctional association.
(b) The person or entity satisfies all of the minimum 270
criteria and specifications adopted by the department of 271
rehabilitation and correction pursuant to division (A)(2) of this 272
section, provided that this alternative shall be available only 273
in relation to the initial intensive program prison established 274
pursuant to section 5120.033 of the Revised Code. 276
(4) Subject to division (I) of this section, before a 279
public entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity 280
that it can operate the facility with the inmate capacity 281
required by the public entity and provide the services required 282
in this section and realize at least a five per cent savings over 283
the projected cost to the public entity of providing these same 284
services to operate the facility that is the subject of the 285
contract. No out-of-state prisoners may be housed in any 286
facility that is the subject of a contract entered into under to
this section. 287
(B) Subject to division (I) of this section, any contract 290
entered into under this section shall include all of the
following: 291
9
(1) A requirement that the contractor retain the 293
contractor's accreditation from the American correctional 294
association throughout the contract term OR, IF THE CONTRACTOR 296
APPLIED PURSUANT TO DIVISION (A)(3)(b) OF THIS SECTION, CONTINUE 298
COMPLYING WITH THE APPLICABLE CRITERIA AND SPECIFICATIONS ADOPTED 299
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO 300
DIVISION (A)(2) OF THIS SECTION; 301
(2) A requirement that all of the following conditions be 303
met:
(a) The contractor begins the process of accrediting the 305
facility with the American correctional association no later than 306
sixty days after the facility receives its first inmate. 307
(b) The contractor receives accreditation of the facility 309
within twelve months after the date the contractor applies to the 310
American correctional association for accreditation. 311
(c) Once the accreditation is received, the contractor 313
maintains it for the duration of the contract term. 314
(d) If the contractor does not comply with divisions 316
(B)(2)(a) to (c) of this section, the contractor is in violation 318
of the contract and the public entity may revoke the contract at 319
its discretion.
(3) A requirement that the contractor comply with all 321
rules promulgated by the department of rehabilitation and 322
correction that apply to the operation and management of 323
correctional facilities, including the minimum standards for 324
jails in Ohio and policies regarding the use of force and the use 325
of deadly force, although the public entity may require more 326
stringent standards, and comply with any applicable laws, rules,
or regulations of the federal, state, and local governments, 327
including, but not limited to, sanitation, food service, safety, 328
and health regulations. The contractor shall be required to send 329
copies of reports of inspections completed by the appropriate 330
authorities regarding compliance with rules and regulations to 331
the director of rehabilitation and correction or the director's 332
10
designee and, if contracting with a local public entity, to the 333
governing authority of that entity.
(4) A requirement that the contractor report for 335
investigation all crimes in connection with the facility to the 336
public entity, to all local law enforcement agencies having WITH 337
jurisdiction OVER THE PLACE at WHICH the facility IS LOCATED, 338
and, for a crime committed at a state correctional institution, 340
to the state highway patrol; 341
(5) A REQUIREMENT THAT THE CONTRACTOR IMMEDIATELY REPORT 344
ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 345
ESCAPEES, BY TELEPHONE AND IN WRITING TO ALL LOCAL LAW 346
ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH 347
THE FACILITY IS LOCATED, TO THE PROSECUTING ATTORNEY OF THE 348
COUNTY IN WHICH THE FACILITY IS LOCATED, TO THE STATE HIGHWAY 349
PATROL, TO A DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE
COUNTY IN WHICH THE FACILITY IS LOCATED AND, IF THE INSTITUTION 350
IS A STATE CORRECTIONAL INSTITUTION, TO THE DEPARTMENT OF 352
REHABILITATION AND CORRECTION. THE WRITTEN NOTICE MAY BE BY 353
EITHER FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH 354
THIS REQUIREMENT REGARDING AN ESCAPE IS A VIOLATION OF SECTION 355
2921.22 OF THE REVISED CODE. 356
(6) A requirement that, if the facility is a state 358
correctional institution, the contractor provide a written report 359
within specified time limits to the director of rehabilitation 361
and correction or the director's designee of all unusual
incidents at the facility as defined in rules promulgated by the 362
department of rehabilitation and correction or, if the facility 363
is a local correctional institution, that the contractor provide 364
a written report to the governing authority of the local public 365
entity.;
(6)(7) A requirement that the contractor maintain proper 368
control of inmates' personal funds pursuant to rules promulgated 369
by the department of rehabilitation and correction, for state 370
correctional institutions, or pursuant to the minimum standards
11
for jails along with any additional standards established by the 371
local public entity, for local correctional institutions, and 372
that records pertaining to these funds be made available to 373
representatives of the public entity for review or audit; 374
(7)(8) A requirement that the contractor prepare and 376
distribute to the director of rehabilitation and correction or, 378
if contracting with a local public entity, to the governing 379
authority of the local entity, annual budget income and 380
expenditure statements and funding source financial reports;
(8)(9) A requirement that the public entity appoint and 382
supervise a full-time contract monitor, that the contractor 384
provide suitable office space for the contract monitor at the 385
facility, and that the contractor allow the contract monitor 386
unrestricted access to all parts of the facility and all records 387
of the facility except the contractor's financial records; 388
(9)(10) A requirement that if the facility is a state 390
correctional institution, designated department of rehabilitation 392
and correction staff members be allowed access to the facility in 393
accordance with rules promulgated by the department; 394
(10)(11) A requirement that the contractor provide 396
internal and perimeter security as agreed upon in the contract; 399
(11)(12) If the facility is a state correctional 401
institution, a requirement that the contractor impose discipline 403
on inmates housed in a state correctional institution, only in 404
accordance with rules promulgated by the department of 405
rehabilitation and correction;
(12)(13) A requirement that the facility be staffed at all 407
times with a staffing pattern approved by the public entity and 409
adequate both to ensure supervision of inmates and maintenance of 410
security within the facility, and to provide for programs, 411
transportation, security, and other operational needs. In 412
determining security needs, the contractor shall be required to 413
consider, among other things, the proximity of the facility to 414
neighborhoods and schools.
12
(13)(14) If the contract is with a local public entity, a 416
requirement that the contractor provide the following services 418
and programs, consistent with the minimum standards for jails 420
promulgated by the department of rehabilitation and correction 421
under section 5120.10 of the Revised Code;
(14)(15) A clear statement that no immunity from liability 423
granted to the state, and no immunity from liability granted to 425
political subdivisions under Chapter 2744. of the Revised Code, 426
shall extend to the contractor or any of the contractor's 427
employees;
(15)(16) A statement that all documents and records 429
relevant to the facility shall be maintained in the same manner 430
required for, and subject to the same laws, rules, and 431
regulations as apply to, the records of the public entity; 432
(16)(17) Authorization for the public entity to impose a 434
fine on the contractor from a schedule of fines included in the 436
contract for the contractor's failure to perform its contractual 437
duties, or to cancel the contract, as the public entity considers 438
appropriate. If a fine is imposed, the public entity may reduce 439
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine. 440
(17)(18) A statement that all services provided or goods 442
produced at the facility shall be subject to the same 444
regulations, and the same distribution limitations, as apply to 445
goods and services produced at other correctional institutions; 446
(18)(19) Authorization for the department to establish one 448
or more prison industries at a facility operated and managed by a 450
contractor for the department; 451
(19)(20) A requirement that, if the facility is an 453
intensive program prison established pursuant to section 5120.033 455
of the Revised Code, the facility shall comply with all criteria 457
for intensive program prisons of that type that are set forth in
that section; 458
(21) IF THE INSTITUTION IS A STATE CORRECTIONAL 460
13
INSTITUTION, A REQUIREMENT THAT THE CONTRACTOR PROVIDE CLOTHING 461
FOR ALL INMATES HOUSED IN THE FACILITY THAT IS CONSPICUOUS IN ITS 463
COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES 464
ITS WEARER AS AN INMATE, AND THAT IS READILY DISTINGUISHABLE FROM 465
CLOTHING OF A NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY 466
BY NON-INMATES, THAT THE CONTRACTOR REQUIRE ALL INMATES HOUSED IN 467
THE FACILITY TO WEAR THE CLOTHING SO PROVIDED, AND THAT THE 468
CONTRACTOR NOT PERMIT ANY INMATE, WHILE INSIDE OR ON THE PREMISES 469
OF THE FACILITY, TO WEAR ANY CLOTHING OF A NATURE THAT DOES NOT 470
CONSPICUOUSLY IDENTIFY ITS WEARER AS AN INMATE AND THAT NORMALLY 471
IS WORN OUTSIDE THE FACILITY BY NON-INMATES. 472
(C) No contract entered into under this section may 474
require, authorize, or imply a delegation of the authority or 475
responsibility of the public entity to a contractor for any of 476
the following:
(1) Developing or implementing procedures for calculating 478
inmate release and parole eligibility dates and recommending the 479
granting or denying of parole, although the contractor may submit 480
written reports that have been prepared in the ordinary course of 481
business;
(2) Developing or implementing procedures for calculating 483
and awarding earned credits, approving the type of work inmates 484
may perform and the wage or earned credits, if any, that may be 485
awarded to inmates engaging in such work, and granting, denying, 487
or revoking earned credits;
(3) For inmates serving a term imposed for a felony 489
offense committed prior to July 1, 1996, or for a misdemeanor 490
offense, developing or implementing procedures for calculating 491
and awarding good time, approving the good time, if any, that may 492
be awarded to inmates engaging in work, and granting, denying, or 493
revoking good time;
(4) For inmates serving a term imposed for a felony 495
offense committed on or after July 1, 1996, extending an inmate's 496
term pursuant to the provisions of law governing bad time; 497
14
(5) Classifying an inmate or placing an inmate in a more 500
or a less restrictive custody than the custody ordered by the 501
public entity;
(6) Approving inmates for work release; 503
(7) Contracting for local or long distance telephone 505
services for inmates or receiving commissions from such services 507
at a facility that is owned by or operated under a contract with 508
the department.
(D) A contractor that has been approved to operate a 510
facility under this section, and a person or entity that enters 511
into a contract for specialized services, as described in 512
division (I) of this section, relative to an intensive program 513
prison established pursuant to section 5120.033 of the Revised 514
Code to be operated by a contractor that has been approved to
operate the prison under this section, shall provide an adequate 515
policy of insurance specifically including, but not limited to, 516
insurance for civil rights claims as determined by a risk 517
management or actuarial firm with demonstrated experience in 518
public liability for state governments. The insurance policy 519
shall provide that the state, including all state agencies, and 520
all political subdivisions of the state with jurisdiction over 521
the facility or in which a facility is located are named as
insured, and that the state and its political subdivisions shall 522
be sent any notice of cancellation. The contractor may not 523
self-insure.
A contractor that has been approved to operate a facility 526
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) 527
of this section, relative to an intensive program prison 528
established pursuant to section 5120.033 of the Revised Code to 529
be operated by a contractor that has been approved to operate the 531
prison under this section, shall indemnify and hold harmless the 532
state, its officers, agents, and employees, and any local 534
government entity in the state having jurisdiction over the 535
15
facility or ownership of the facility, shall reimburse the state 536
for its costs in defending the state or any of its officers, 537
agents, or employees, and shall reimburse any local government 538
entity of that nature for its costs in defending the local 539
government entity, from all of the following:
(1) Any claims or losses for services rendered by the 541
contractor, person, or entity performing or supplying services in 543
connection with the performance of the contract; 544
(2) Any failure of the contractor, person, or entity or 546
its officers or employees to adhere to the laws, rules, 548
regulations, or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights 550
claim brought against the state related to the facility operated 551
and managed by the contractor;
(4) Any claims, losses, demands, or causes of action 553
arising out of the contractor's, person's, or entity's activities 554
in this state;
(5) Any attorney's fees or court costs arising from any 556
habeas corpus actions or other inmate suits that may arise from 557
any event that occurred at the facility or was a result of such 558
an event, or arise over the conditions, management, or operation 559
of the facility, which fees and costs shall include, but not be 560
limited to, attorney's fees for the state's representation and
for any court-appointed representation of any inmate, and the 561
costs of any special judge who may be appointed to hear such 562
actions.
(E) Private correctional officers of a contractor 564
operating and managing a facility pursuant to a contract entered 565
into under this section may carry and use firearms in the course 567
of their employment only after being certified as satisfactorily 568
completing an approved training program as described in division 569
(A) of section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from, 571
or of a disturbance at, the facility that is the subject of a 572
16
contract entered into under this section, the department of 573
rehabilitation and correction and state and local law enforcement 574
agencies shall use all reasonable means to recapture escapees or 575
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee 576
or the quelling of a disturbance at the facility shall be 577
chargeable to and borne by the contractor. The contractor shall 578
also reimburse the state or its political subdivisions for all 579
reasonable costs incurred relating to the temporary detention of 580
the escapee following recapture.
(G) Any offense that would be a crime if committed at a 582
state correctional institution or jail, workhouse, prison, or 583
other correctional facility shall be a crime if committed by or 584
with regard to inmates at facilities operated pursuant to a 585
contract entered into under this section. 586
(H) A contractor operating and managing a facility 588
pursuant to a contract entered into under this section shall pay 589
any inmate workers at the facility at the rate approved by the 591
public entity. Inmates working at the facility shall not be 592
considered employees of the contractor.
(I) In contracting for the private operation and 594
management pursuant to division (A) of this section of the 595
initial intensive program prison established pursuant to section 596
5120.033 of the Revised Code or of any other intensive program 598
prison established pursuant to that section, the department of
rehabilitation and correction may enter into a contract with a 599
contractor for the general operation and management of the prison 600
and may enter into one or more separate contracts with other 601
persons or entities for the provision of specialized services for 602
persons confined in the prison, including, but not limited to, 603
security or training services or medical, counseling,
educational, or similar treatment programs. If, pursuant to this 604
division, the department enters into a contract with a contractor 605
for the general operation and management of the prison and also 606
17
enters into one or more specialized service contracts with other 607
persons or entities, all of the following apply: 608
(1) The contract for the general operation and management 610
shall comply with all requirements and criteria set forth in this 611
section, and all provisions of this section apply in relation to 612
the prison operated and managed pursuant to the contract. 613
(2) Divisions (A)(2), (B), and (C) of this section do not 616
apply in relation to any specialized services contract, except to 617
the extent that the provisions of those divisions clearly are
relevant to the specialized services to be provided under the 618
specialized services contract. Division (D) of this section 619
applies in relation to each specialized services contract. 620
(J) As used in this section: 623
(1) "Public entity" means the department of rehabilitation 625
and correction, or a county or municipal corporation or a 626
combination of counties and municipal corporations, that has 627
jurisdiction over a facility that is the subject of a contract 628
entered into under this section.
(2) "Local public entity" means a county or municipal 630
corporation, or a combination of counties and municipal 631
corporations, that has jurisdiction over a jail, workhouse, or 632
other correctional facility used only for misdemeanants that is 633
the subject of a contract entered into under this section.
(3) "Governing authority of a local public entity" means, 635
for a county, the board of county commissioners; for a municipal 636
corporation, the legislative authority; for a combination of 637
counties and municipal corporation, all the boards of county 638
commissioners and municipal legislative authorities that joined 639
to create the facility.
(4) "Contractor" means a person who enters into a contract 641
under this section to operate and manage a jail, workhouse, or 642
other correctional facility.
(5) "Facility" means the specific county, multicounty, 644
municipal, municipal-county, or multicounty-municipal jail, 645
18
workhouse, prison, or other type of correctional institution or 646
facility used only for misdemeanants, or a state correctional 647
institution, that is the subject of a contract entered into under 648
this section.
Sec. 9.07. (A) As used in this section: 657
(1) "Deadly weapon" has the same meaning as in section 659
2923.11 of the Revised Code. 660
(2) "Governing authority of a local public entity" means 662
whichever of the following is applicable: 663
(a) For a county, the board of county commissioners of the 666
county;
(b) For a municipal corporation, the legislative authority 669
of the municipal corporation;
(c) For a combination of counties, a combination of 672
municipal corporations, or a combination of one or more counties 673
and one or more municipal corporations, all boards of county 674
commissioners and legislative authorities of all of the counties 675
and municipal corporations that combined to form a local public 676
entity for purposes of this section.
(3) "Local public entity" means a county, a municipal 678
corporation, a combination of counties, a combination of 679
municipal corporations, or a combination of one or more counties 680
and one or more municipal corporations. 681
(4) "Non-contracting political subdivision" means any 684
political subdivision to which all of the following apply:
(a) A correctional facility for the housing of 686
out-of-state prisoners in this state is or will be located in the 687
political subdivision. 688
(b) The correctional facility described in division 690
(A)(4)(a) of this section is being operated and managed, or will 692
be operated and managed, by a local public entity or a private 693
contractor pursuant to a contract entered into prior to the 695
effective date of this section MARCH 17, 1998, or a contract 697
entered into on or after the effective date of this section MARCH 699
19
17, 1998, under this section. 700
(c) The political subdivision is not a party to the 702
contract described in division (A)(4)(b) of this section for the 705
management and operation of the correctional facility.
(5) "Out-of-state jurisdiction" means the United States, 707
any state other than this state, and any political subdivision or 709
other jurisdiction located in a state other than this state. 710
(6) "Out-of-state prisoner" means a person who is 712
convicted of a crime in another state or under the laws of the 713
United States or who is found under the laws of another state or 715
of the United States to be a delinquent child or the 717
substantially equivalent designation.
(7) "Private contractor" means either of the following: 719
(a) A person who, on or after the effective date of this 721
section MARCH 17, 1998, enters into a contract under this section 724
with a local public entity to operate and manage a correctional 725
facility in this state for out-of-state prisoners. 726
(b) A person who, pursuant to a contract with a local 728
public entity entered into prior to the effective date of this 730
section MARCH 17, 1998, operates and manages on the effective 732
date of this section MARCH 17, 1998, a correctional facility in 734
this state for housing out-of-state prisoners. 735
(B) Subject to division (I) of this section, the only 737
entities other than this state that are authorized to operate a 738
correctional facility to house out-of-state prisoners in this 739
state are a local public entity that operates a correctional 740
facility pursuant to this section or a private contractor that 741
operates a correctional facility pursuant to this section under a 743
contract with a local public entity.
Subject to division (I) of this section, a private entity 746
may operate a correctional facility in this state for the housing 747
of out-of-state prisoners only if the private entity is a private 748
contractor that enters into a contract that comports with 749
division (D) of this section with a local public entity for the 750
20
management and operation of the correctional facility. 751
(C)(1) Except as provided in this division, on and after 754
the effective date of this section MARCH 17, 1998, a local public 755
entity shall not enter into a contract with an out-of-state 757
jurisdiction to house out-of-state prisoners in a correctional 758
facility in this state. On and after the effective date of this 759
section MARCH 17, 1998, a local public entity may enter into a 761
contract with an out-of-state jurisdiction to house out-of-state 762
prisoners in a correctional facility in this state only if the 764
local public entity and the out-of-state jurisdiction with which 765
the local public entity intends to contract jointly submit to the 766
department of rehabilitation and correction a statement that 767
certifies the correctional facility's intended use, intended 768
prisoner population, and custody level, and the department 769
reviews and comments upon the plans for the design or renovation 770
of the correctional facility regarding their suitability for the 772
intended prisoner population specified in the submitted 773
statement.
(2) If a local public entity and an out-of-state 775
jurisdiction enter into a contract to house out-of-state 776
prisoners in a correctional facility in this state as authorized 777
under division (C)(1) of this section, in addition to any other 779
provisions it contains, the contract shall include whichever of 780
the following provisions is applicable:
(a) If a private contractor will operate the facility in 783
question pursuant to a contract entered into in accordance with 784
division (D) of this section, a requirement that, if the facility 785
is closed or ceases to operate for any reason and if the 786
conversion plan described in division (D)(16) of this section is 788
not complied with, the out-of-state jurisdiction will be 789
responsible for housing and transporting the prisoners who are in 790
the facility at the time it is closed or ceases to operate and 791
for the cost of so housing and transporting those prisoners; 792
(b) If a private contractor will not operate the facility 795
21
in question pursuant to a contract entered into in accordance 796
with division (D) of this section, a conversion plan that will be 798
followed if, for any reason, the facility is closed or ceases to 799
operate. The conversion plan shall include, but is not limited 800
to, provisions that specify whether the local public entity or 801
the out-of-state jurisdiction will be responsible for housing and 802
transporting the prisoners who are in the facility at the time it 803
is closed or ceases to operate and for the cost of so housing and 804
transporting those prisoners.
(3) If a local public entity and an out-of-state 806
jurisdiction intend to enter into a contract to house 807
out-of-state prisoners in a correctional facility in this state 808
as authorized under division (C)(1) of this section, or if a 809
local public entity and a private contractor intend to enter into 810
a contract pursuant to division (D) of this section for the 811
private contractor's management and operation of a correctional 812
facility in this state to house out-of-state prisoners, prior to
entering into the contract the local public entity and the 813
out-of-state jurisdiction, or the local public entity and the 814
private contractor, whichever is applicable, shall conduct a 816
public hearing in accordance with this division, and, prior to
entering into the contract, the governing authority of the local 817
public entity in which the facility is or will be located shall 818
authorize the location and operation of the facility. The 819
hearing shall be conducted at a location within the municipal 820
corporation or township in which the facility is or will be 822
located. At least one week prior to conducting the hearing, the 823
local public entity and the out-of-state jurisdiction or private 824
contractor with the duty to conduct the hearing shall cause 826
notice of the date, time, and place of the hearing to be made by 828
publication in the newspaper with the largest general circulation 829
in the county in which the municipal corporation or township is 830
located. The notice shall be of a sufficient size that it covers
at least one-quarter of a page of the newspaper in which it is 831
22
published. This division applies to a private contractor that, 832
pursuant to the requirement set forth in division (I) of this 833
section, is required to enter into a contract under division (D) 834
of this section.
(D) Subject to division (I) of this section, on and after 837
the effective date of this section MARCH 17, 1998, if a local 838
public entity enters into a contract with a private contractor 839
for the management and operation of a correctional facility in 840
this state to house out-of-state prisoners, the contract, at a 841
minimum, shall include all of the following provisions:
(1) A requirement that the private contractor seek and 843
obtain accreditation from the American correctional association 844
for the correctional facility within two years after accepting 845
the first out-of-state prisoner at the correctional facility 846
under the contract and that it maintain that accreditation for 847
the term of the contract;
(2) A requirement that the private contractor comply with 849
all applicable laws, rules, or regulations of the government of 850
this state, political subdivisions of this state, and the United 852
States, including, but not limited to, all sanitation, food 854
service, safety, and health regulations; 855
(3) A requirement that the private contractor send copies 857
of reports of inspections completed by appropriate authorities 858
regarding compliance with laws, rules, and regulations of the 859
type described in division (D)(2) of this section to the director 862
of rehabilitation and correction or the director's designee and 863
to the governing authority of the local public entity in which 864
the correctional facility is located;
(4) A requirement that the private contractor report to 866
the local law enforcement agencies with jurisdiction over the 867
place at which the correctional facility is located, for 868
investigation, all criminal offenses or delinquent acts that are 869
committed in or on the grounds of, or otherwise in connection 870
with, the correctional facility and report to the department of 871
23
rehabilitation and correction all escapes from or disturbances at 873
the facility;
(5) A REQUIREMENT THAT THE PRIVATE CONTRACTOR IMMEDIATELY 875
REPORT ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 877
ESCAPEES, BY TELEPHONE AND IN WRITING TO THE DEPARTMENT OF 878
REHABILITATION AND CORRECTION, TO ALL LOCAL LAW ENFORCEMENT 879
AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH THE FACILITY 880
IS LOCATED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 881
ATTORNEY OF THE COUNTY IN WHICH THE FACILITY IS LOCATED, AND TO A 882
DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY IN WHICH 883
THE FACILITY IS LOCATED. THE WRITTEN NOTICE MAY BE BY EITHER 884
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 885
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 887
CODE.
(6) A requirement that the private contractor provide a 889
written report to the director of rehabilitation and correction 890
or the director's designee and to the governing authority of the 891
local public entity in which the correctional facility is located 893
of all unusual incidents occurring at the correctional facility. 894
The private contractor shall report the incidents in accordance
with the incident reporting rules that, at the time of the 896
incident, are applicable to state correctional facilities for 897
similar incidents occurring at state correctional facilities. 898
(6)(7) A requirement that the private contractor provide 900
internal and perimeter security to protect the public, staff 901
members of the correctional facility, and prisoners in the 902
correctional facility; 903
(7)(8) A requirement that the correctional facility be 905
staffed at all times with a staffing pattern that is adequate to 906
ensure supervision of inmates and maintenance of security within 907
the correctional facility and to provide for appropriate 908
programs, transportation, security, and other operational needs. 909
In determining security needs for the correctional facility, the 911
private contractor and the contract requirements shall fully take 912
24
into account all relevant factors, including, but not limited to, 913
the proximity of the facility to neighborhoods and schools. 914
(8)(9) A requirement that the private contractor provide 916
an adequate policy of insurance that satisfies the requirements 917
set forth in division (D) of section 9.06 of the Revised Code 919
regarding contractors who operate and manage a facility under 920
that section, and that the private contractor indemnify and hold 921
harmless the state, its officers, agents, and employees, and any 922
local public entity in the state with jurisdiction over the place 923
at which the correctional facility is located or that owns the 924
correctional facility, reimburse the state for its costs in 926
defending the state or any of its officers, agents, or employees,
and reimburse any local government entity of that nature for its 927
costs in defending the local government entity, in the manner 929
described in division (D) of that section regarding contractors 931
who operate and manage a facility under that section; 932
(9)(10) A requirement that the private contractor develop 934
a security classification schedule ADOPT for prisoners housed in 936
the correctional facility THE SECURITY CLASSIFICATION SYSTEM AND 937
SCHEDULE ADOPTED BY THE DEPARTMENT OF REHABILITATION AND 938
CORRECTION UNDER SECTION 5145.03 OF THE REVISED CODE, classify in 939
accordance with the SYSTEM AND schedule each prisoner housed in 940
the facility, and house all prisoners in the facility in 941
accordance with their classification under this division; 942
(10)(11) A requirement that the private contractor will 944
not accept for housing, and will not house, in the correctional 945
facility any out-of-state prisoner in relation to whom either ANY 947
of the following applies:
(a) The private entity has not obtained from the 949
out-of-state jurisdiction that imposed the sentence or sanction 950
under which the prisoner will be confined in this state a copy of 952
the institutional record of the prisoner while previously
confined in that out-of-state jurisdiction or a statement that 953
the prisoner previously has not been confined in that 954
25
out-of-state jurisdiction and a copy of all medical records 955
pertaining to that prisoner that are in the possession of the 956
out-of-state jurisdiction. 957
(b) The prisoner, while confined in any out-of-state 960
jurisdiction, has a record of institutional violence involving 961
the use of a deadly weapon and OR a pattern of committing acts of 963
an assaultive nature against employees of, or visitors to, the 964
place of confinement or has a record of escape or attempted 965
escape from secure custody.
(c) UNDER THE SECURITY CLASSIFICATION SYSTEM AND SCHEDULE 967
ADOPTED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER 968
SECTION 5145.03 OF THE REVISED CODE AND ADOPTED BY THE PRIVATE 969
CONTRACTOR UNDER DIVISION (B)(10) OF THIS SECTION, THE 970
OUT-OF-STATE PRISONER WOULD BE CLASSIFIED AS BEING AT A SECURITY
LEVEL HIGHER THAN MEDIUM SECURITY. 971
(11)(12) A requirement that the private contractor, prior 973
to housing any out-of-state prisoner in the correctional facility 974
under the contract, enter into a written agreement with the 975
department of rehabilitation and correction that sets forth a 977
plan and procedure that will be used to coordinate law 978
enforcement activities of state law enforcement agencies and of
local law enforcement agencies with jurisdiction over the place 979
at which the facility is located in response to any riot, 980
rebellion, escape, insurrection, or other emergency occurring 981
inside or outside the facility; 982
(12)(13) A requirement that the private contractor 984
cooperate with the correctional institution inspection committee 985
in the committee's performance of its duties under section 103.73 986
of the Revised Code and provide the committee, its subcommittees, 988
and its staff members, AND ANY INDIVIDUAL PERFORMING CORRECTIONAL 989
INSTITUTION INSPECTION SERVICES ON BEHALF OF THE COMMITTEE 990
PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 103.74 OF THE 991
REVISED CODE, in performing those duties, with access to the 992
correctional facility as described in that section; 993
26
(13)(14) A requirement that the private contractor permit 995
any peace officer who serves a law enforcement agency with 996
jurisdiction over the place at which the correctional facility is 998
located to enter into the facility to investigate any criminal 999
offense or delinquent act that allegedly has been committed in or 1,000
on the grounds of, or otherwise in connection with, the facility; 1,001
(14)(15) A requirement that the private contractor will 1,003
not employ any person at the correctional facility until after 1,004
the private contractor has submitted to the bureau of criminal 1,005
identification and investigation, on a form prescribed by the 1,006
superintendent of the bureau, a request that the bureau conduct a 1,007
criminal records check of the person and a requirement that the 1,008
private contractor will not employ any person at the facility if 1,009
the records check or other information possessed by the 1,010
contractor indicates that the person previously has engaged in 1,011
malfeasance; 1,012
(15)(16) A requirement that the private contractor will 1,014
not accept for housing, and will not house, in the correctional 1,015
facility any out-of-state prisoner unless the private contractor 1,016
and the out-of-state jurisdiction that imposed the sentence for 1,017
which the prisoner is to be confined agree that, if the 1,018
out-of-state prisoner is confined in the facility in this state, 1,019
commits a criminal offense while confined in the facility, is 1,020
convicted of or pleads guilty to that offense, and is sentenced 1,021
to a term of confinement for that offense but is not sentenced to 1,022
death for that offense, the private contractor and the 1,023
out-of-state jurisdiction will do all of the following: 1,024
(a) Unless section 5120.50 of the Revised Code does not 1,027
apply in relation to the offense the prisoner committed while
confined in this state and the term of confinement imposed for 1,029
that offense, the out-of-state jurisdiction will accept the 1,031
prisoner pursuant to that section for service of that term of 1,033
confinement and for any period of time remaining under the
sentence for which the prisoner was confined in the facility in 1,034
27
this state, the out-of-state jurisdiction will confine the 1,035
prisoner pursuant to that section for that term and that 1,036
remaining period of time, and the private contractor will 1,037
transport the prisoner to the out-of-state jurisdiction for 1,038
service of that term and that remaining period of time. 1,039
(b) If section 5120.50 of the Revised Code does not apply 1,041
in relation to the offense the prisoner committed while confined 1,042
in this state and the term of confinement imposed for that 1,043
offense, the prisoner shall be returned to the out-of-state 1,044
jurisdiction or its private contractor for completion of the 1,045
period of time remaining under the out-of-state sentence for 1,047
which the prisoner was confined in the facility in this state
before starting service of the term of confinement imposed for 1,049
the offense committed while confined in this state, the 1,050
out-of-state jurisdiction or its private contractor will confine 1,051
the prisoner for that remaining period of time and will transport
the prisoner outside of this state for service of that remaining 1,052
period of time, and, if the prisoner is confined in this state in 1,054
a facility operated by the department of rehabilitation and 1,055
correction, the private contractor will be financially
responsible for reimbursing the department at the per diem cost 1,056
of confinement for the duration of that incarceration, with the 1,057
amount of the reimbursement so paid to be deposited in the 1,058
department's prisoner programs fund. 1,059
(16)(17) A requirement that the private contractor, prior 1,062
to housing any out-of-state prisoner in the correctional facility 1,063
under the contract, enter into an agreement with the local public 1,064
entity that sets forth a conversion plan that will be followed 1,065
if, for any reason, the facility is closed or ceases to operate. 1,066
The conversion plan shall include, but is not limited to, 1,067
provisions that specify whether the private contractor, the local 1,068
public entity, or the out-of-state jurisdictions that imposed the 1,069
sentences for which the out-of-state prisoners are confined in 1,070
the facility will be responsible for housing and transporting the 1,071
28
prisoners who are in the facility at the time it is closed or 1,072
ceases to operate and for the cost of so housing and transporting 1,073
those prisoners.
(17)(18) A schedule of fines that the local public entity 1,075
shall impose upon the private contractor if the private 1,077
contractor fails to perform its contractual duties, and a 1,078
requirement that, if the private contractor fails to perform its 1,079
contractual duties, the local public entity shall impose a fine 1,081
on the private contractor from the schedule of fines and, in
addition to the fine, may exercise any other rights it has under 1,083
the contract. Division (F)(2) of this section applies regarding 1,084
a fine described in this division.
(18)(19) A requirement that the private contractor adopt 1,086
and use in the correctional facility the drug testing and 1,088
treatment program that the department of rehabilitation and 1,089
correction uses for inmates in state correctional institutions; 1,090
(20) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE 1,093
CLOTHING FOR ALL OUT-OF-STATE PRISONERS HOUSED IN THE 1,094
CORRECTIONAL FACILITY THAT IS CONSPICUOUS IN ITS COLOR, STYLE, OR 1,095
COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES ITS WEARER AS A 1,096
PRISONER, AND THAT IS READILY DISTINGUISHABLE FROM CLOTHING OF A 1,097
NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY BY
NON-PRISONERS, THAT THE PRIVATE CONTRACTOR REQUIRE ALL 1,098
OUT-OF-STATE PRISONERS HOUSED IN THE FACILITY TO WEAR THE 1,099
CLOTHING SO PROVIDED, AND THAT THE PRIVATE CONTRACTOR NOT PERMIT 1,100
ANY OUT-OF-STATE PRISONER, WHILE INSIDE OR ON THE PREMISES OF THE 1,102
FACILITY, TO WEAR ANY CLOTHING OF A NATURE THAT DOES NOT
CONSPICUOUSLY IDENTIFY ITS WEARER AS A PRISONER AND THAT NORMALLY 1,104
IS WORN OUTSIDE THE FACILITY BY NON-PRISONERS;
(21) A REQUIREMENT THAT, AT THE TIME THE CONTRACT IS MADE, 1,106
THE PRIVATE CONTRACTOR PROVIDE TO ALL PARTIES TO THE CONTRACT 1,107
ADEQUATE PROOF THAT IT HAS COMPLIED WITH THE REQUIREMENT 1,108
DESCRIBED IN DIVISION (D)(9) OF THIS SECTION, AND A REQUIREMENT 1,109
THAT, AT ANY TIME DURING THE TERM OF THE CONTRACT, THE PRIVATE 1,110
29
CONTRACTOR UPON REQUEST PROVIDE TO ANY PARTY TO THE CONTRACT 1,111
ADEQUATE PROOF THAT IT CONTINUES TO BE IN COMPLIANCE WITH THE 1,112
REQUIREMENT DESCRIBED IN DIVISION (D)(9) OF THIS SECTION. 1,113
(E) A private correctional officer or other designated 1,116
employee of a private contractor that operates a correctional 1,117
facility that houses out-of-state prisoners in this state under a 1,118
contract entered into prior to, on, or after the effective date 1,119
of this section MARCH 17, 1998, may carry and use firearms in the 1,121
course of the officer's or employee's employment only if the 1,122
officer or employee is certified as having satisfactorily 1,123
completed an approved training program designed to qualify 1,125
persons for positions as special police officers, security
guards, or persons otherwise privately employed in a police 1,126
capacity, as described in division (A) of section 109.78 of the 1,128
Revised Code.
(F)(1) Upon notification by the private contractor of an 1,131
escape from, or of a disturbance at, a correctional facility that 1,132
is operated by a private contractor under a contract entered into 1,133
prior to, on, or after the effective date of this section MARCH 1,135
17, 1998, and that houses out-of-state prisoners in this state, 1,136
the department of rehabilitation and correction and state and 1,138
local law enforcement agencies shall use all reasonable means to 1,139
recapture persons who escaped from the facility or quell any 1,140
disturbance at the facility, in accordance with the plan and 1,141
procedure included in the written agreement entered into under
division (D)(11)(12) of this section in relation to contracts 1,143
entered into on or after the effective date of this section MARCH 1,145
17, 1998, and in accordance with their normal procedures in 1,146
relation to contracts entered into prior to the effective date of 1,147
this section MARCH 17, 1998. Any cost incurred by this state or 1,149
a political subdivision of this state relating to the 1,150
apprehension of a person who escaped from the facility, to the 1,151
quelling of a disturbance at the facility, or to the
investigation or prosecution as described in division (G)(2) of 1,152
30
this section of any offense relating to the escape or disturbance 1,153
shall be chargeable to and borne by the private contractor. The 1,154
contractor also shall reimburse the state or its political 1,155
subdivisions for all reasonable costs incurred relating to the 1,156
temporary detention of a person who escaped from the facility, 1,157
following the person's recapture. 1,158
(2) If a private contractor that, on or after the 1,160
effective date of this section MARCH 17, 1998, enters into a 1,162
contract under this section with a local public entity for the 1,164
operation of a correctional facility that houses out-of-state
prisoners fails to perform its contractual duties, the local 1,166
public entity shall impose upon the private contractor a fine 1,167
from the schedule of fines included in the contract and may 1,168
exercise any other rights it has under the contract. A fine 1,169
imposed under this division shall be paid to the local public 1,170
entity that enters into the contract, and the local public entity 1,171
shall deposit the money so paid into its treasury to the credit 1,172
of the fund used to pay for community policing. If a fine is 1,173
imposed under this division, the local public entity may reduce 1,175
the payment owed to the private contractor pursuant to any 1,176
invoice in the amount of the fine.
(3) If a private contractor, on or after the effective 1,178
date of this section MARCH 17, 1998, enters into a contract under 1,180
this section with a local public entity for the operation of a
correctional facility that houses out-of-state prisoners in this 1,182
state, the private contractor shall comply with the insurance,
indemnification, hold harmless, and cost reimbursement provisions 1,183
described in division (D)(8)(9) of this section. 1,184
(G)(1) Any act or omission that would be a criminal 1,187
offense or a delinquent act if committed at a state correctional 1,188
institution or at a jail, workhouse, prison, or other 1,189
correctional facility operated by this state or by any political 1,190
subdivision or group of political subdivisions of this state 1,191
shall be a criminal offense or delinquent act if committed by or 1,192
31
with regard to any out-of-state prisoner who is housed at any 1,193
correctional facility operated by a private contractor in this 1,194
state pursuant to a contract entered into prior to, on, or after 1,195
the effective date of this section MARCH 17, 1998. 1,196
(2) If any political subdivision of this state experiences 1,199
any cost in the investigation or prosecution of an offense 1,200
committed by an out-of-state prisoner housed in a correctional 1,201
facility operated by a private contractor in this state pursuant 1,202
to a contract entered into prior to, on, or after the effective 1,203
date of this section MARCH 17, 1998, the private contractor shall 1,204
reimburse the political subdivision for the costs so experienced. 1,206
(3)(a) Except as otherwise provided in this division, the 1,208
state, and any officer or employee, as defined in section 109.36 1,209
of the Revised Code, of the state is not liable in damages in a 1,211
civil action for any injury, death, or loss to person or property 1,212
that allegedly arises from, or is related to, the establishment, 1,214
management, or operation of a correctional facility to house
out-of-state prisoners in this state pursuant to a contract 1,215
between a local public entity and an out-of-state jurisdiction, a 1,216
local public entity and a private contractor, or a private 1,217
contractor and an out-of-state jurisdiction that was entered into 1,218
prior to the effective date of this section MARCH 17, 1998, or 1,220
that is entered into on or after the effective date of this 1,221
section MARCH 17, 1998, in accordance with its provisions. The 1,224
immunity provided in this division does not apply regarding an 1,225
act or omission of an officer or employee, as defined in section
109.36 of the Revised Code, of the state that is manifestly 1,227
outside the scope of the officer's or employee's official 1,228
responsibilities or regarding an act or omission of the state, or 1,230
of an officer or employee, as so defined, of the state that is 1,231
undertaken with malicious purpose, in bad faith, or in a wanton 1,232
or reckless manner.
(b) Except as otherwise provided in this division, a 1,234
non-contracting political subdivision, and any employee, as 1,235
32
defined in section 2744.01 of the Revised Code, of a 1,237
non-contracting political subdivision is not liable in damages in 1,238
a civil action for any injury, death, or loss to person or 1,239
property that allegedly arises from, or is related to, the 1,240
establishment, management, or operation of a correctional 1,241
facility to house out-of-state prisoners in this state pursuant 1,242
to a contract between a local public entity other than the 1,243
non-contracting political subdivision and an out-of-state 1,244
jurisdiction, a local public entity other than the
non-contracting political subdivision and a private contractor, 1,246
or a private contractor and an out-of-state jurisdiction that was 1,247
entered into prior to the effective date of this section MARCH 1,249
17, 1998, or that is entered into on or after the effective date 1,250
of this section MARCH 17, 1998, in accordance with its 1,252
provisions. The immunity provided in this division does not 1,253
apply regarding an act or omission of an employee, as defined in 1,254
section 2744.01 of the Revised Code, of a non-contracting 1,255
political subdivision that is manifestly outside the scope of the 1,256
employee's employment or official responsibilities or regarding 1,257
an act or omission of a non-contracting political subdivision or 1,258
an employee, as so defined, of a non-contracting political 1,259
subdivision that is undertaken with malicious purpose, in bad 1,260
faith, or in a wanton or reckless manner.
(c) Divisions (G)(3)(a) and (b) of this section do not 1,264
affect any immunity or defense that the state and its officers 1,265
and employees or a non-contracting political subdivision and its 1,266
employees may be entitled to under another section of the Revised 1,267
Code or the common law of this state, including, but not limited
to, section 9.86 or Chapter 2744. of the Revised Code. 1,268
(H)(1) Upon the completion of an out-of-state prisoner's 1,270
term of detention at a correctional facility operated by a 1,271
private contractor in this state pursuant to a contract entered 1,272
into prior to, on, or after the effective date of this section 1,274
MARCH 17, 1998, the operator of the correctional facility shall 1,275
33
transport the prisoner to the out-of-state jurisdiction that 1,276
imposed the sentence for which the prisoner was confined before 1,277
it releases the prisoner from its custody. 1,278
(2) No private contractor that operates and manages a 1,281
correctional facility housing out-of-state prisoners in this
state pursuant to a contract entered into prior to, on, or after 1,283
the effective date of this section MARCH 17, 1998, shall fail to 1,285
comply with division (H)(1) of this section.
(3) Whoever violates division (H)(2) of this section is 1,288
guilty of a misdemeanor of the first degree. 1,289
(I) Except as otherwise provided in this division, the 1,292
provisions of divisions (A) to (H) of this section apply in 1,293
relation to any correctional facility operated by a private 1,294
contractor in this state to house out-of-state prisoners, 1,295
regardless of whether the facility is operated pursuant to a 1,296
contract entered into prior to, on, or after the effective date 1,297
of this section MARCH 17, 1998. Division (C)(1) of this section 1,299
shall not apply in relation to any correctional facility for
housing out-of-state prisoners in this state that is operated by 1,300
a private contractor under a contract entered into with a local 1,301
public entity prior to the effective date of this section MARCH 1,302
17, 1998. If a private contractor operates a correctional 1,303
facility in this state for the housing of out-of-state prisoners 1,304
under a contract entered into with a local public entity prior to 1,305
the effective date of this section MARCH 17, 1998, no later than 1,306
one hundred eighty THIRTY days after the effective date of this 1,308
section AMENDMENT, the private contractor shall enter into a 1,310
contract with the local public entity that comports to the
requirements and criteria of division (D) of this section. 1,311
Sec. 9.08. THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL 1,313
CONDUCT AN ONGOING STUDY TO MONITOR THE PERFORMANCE OF ALL STATE 1,314
CORRECTIONAL FACILITIES THAT ARE PRIVATELY OPERATED AND MANAGED 1,315
PURSUANT TO SECTION 9.06 OF THE REVISED CODE, INCLUDING THE 1,316
FACILITIES LOCATED IN THE MUNICIPAL CORPORATIONS OF CONNEAUT AND 1,318
34
GRAFTON. THE DEPARTMENT SHALL DELINEATE THE SCOPE OF THE STUDY 1,319
AND MAY REVISE THE SCOPE OF THE STUDY WHEN APPROPRIATE. THE 1,320
DEPARTMENT SHALL MAKE REGULAR REPORTS CONTAINING THE FINDINGS OF 1,322
THE STUDY TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE 1,323
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER 1,324
OF THE SENATE. THE DEPARTMENT SHALL SUBMIT A REPORT AT LEAST 1,325
ONCE PER YEAR BUT MAY SUBMIT REPORTS AT MORE FREQUENT INTERVALS. 1,326
IN EACH REPORT, THE DEPARTMENT SHALL DESCRIBE THE CURRENT SCOPE 1,327
OF THE STUDY.
Sec. 101.30. (A) AS USED IN THIS SECTION: 1,329
(1) "LEGISLATIVE DOCUMENT" INCLUDES, BUT IS NOT LIMITED 1,331
TO, ALL OF THE FOLLOWING: 1,332
(a) A WORKING PAPER, WORK PRODUCT, CORRESPONDENCE, 1,334
PRELIMINARY DRAFT, NOTE, PROPOSED BILL OR RESOLUTION, PROPOSED 1,335
AMENDMENT TO A BILL OR RESOLUTION, ANALYSIS, OPINION, MEMORANDUM, 1,337
OR OTHER DOCUMENT IN WHATEVER FORM OR FORMAT PREPARED BY
LEGISLATIVE STAFF FOR A MEMBER OF THE GENERAL ASSEMBLY OR FOR 1,340
GENERAL ASSEMBLY STAFF; 1,341
(b) ANY DOCUMENT OR MATERIAL IN WHATEVER FORM OR FORMAT 1,343
PROVIDED BY A MEMBER OF THE GENERAL ASSEMBLY OR GENERAL ASSEMBLY 1,346
STAFF TO LEGISLATIVE STAFF THAT REQUESTS, OR THAT PROVIDES 1,347
INFORMATION OR MATERIALS TO ASSIST IN, THE PREPARATION OF ANY OF 1,348
THE ITEMS DESCRIBED IN DIVISION (A)(1)(a) OF THIS SECTION; 1,349
(c) ANY SUMMARY OF A BILL OR RESOLUTION OR OF AN AMENDMENT 1,351
TO A BILL OR RESOLUTION IN WHATEVER FORM OR FORMAT THAT IS 1,352
PREPARED BY OR IN THE POSSESSION OF A MEMBER OF THE GENERAL 1,353
ASSEMBLY OR GENERAL ASSEMBLY STAFF, IF THE SUMMARY IS PREPARED 1,354
BEFORE THE BILL, RESOLUTION, OR AMENDMENT IS FILED FOR 1,355
INTRODUCTION OR PRESENTED AT A COMMITTEE HEARING OR FLOOR 1,356
SESSION, AS APPLICABLE.
(2) "LEGISLATIVE STAFF" MEANS THE STAFF OF THE LEGISLATIVE 1,359
SERVICE COMMISSION, LEGISLATIVE BUDGET OFFICE OF THE LEGISLATIVE 1,361
SERVICE COMMISSION, OR ANY OTHER LEGISLATIVE AGENCY INCLUDED IN
THE LEGISLATIVE SERVICE COMMISSION BUDGET GROUP. 1,362
35
(3) "GENERAL ASSEMBLY STAFF" MEANS AN OFFICER OR EMPLOYEE 1,364
OF EITHER HOUSE OF THE GENERAL ASSEMBLY WHO ACTS ON BEHALF OF A 1,365
MEMBER OF THE GENERAL ASSEMBLY OR ON BEHALF OF A COMMITTEE OR 1,366
EITHER HOUSE OF THE GENERAL ASSEMBLY.
(B) LEGISLATIVE STAFF SHALL MAINTAIN A CONFIDENTIAL 1,369
RELATIONSHIP WITH EACH MEMBER OF THE GENERAL ASSEMBLY, AND WITH 1,370
EACH MEMBER OF THE GENERAL ASSEMBLY STAFF, WITH RESPECT TO 1,372
COMMUNICATIONS BETWEEN THE MEMBER OF THE GENERAL ASSEMBLY OR
GENERAL ASSEMBLY STAFF AND LEGISLATIVE STAFF. EXCEPT AS 1,374
OTHERWISE PROVIDED IN THIS DIVISION AND DIVISION (C) OF THIS 1,375
SECTION, A LEGISLATIVE DOCUMENT ARISING OUT OF THIS CONFIDENTIAL 1,376
RELATIONSHIP IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 1,377
149.43 OF THE REVISED CODE. WHEN IT IS IN THE PUBLIC INTEREST 1,379
AND WITH THE CONSENT OF THE COMMISSION, THE DIRECTOR OF THE 1,380
COMMISSION MAY RELEASE TO THE PUBLIC ANY LEGISLATIVE DOCUMENT IN 1,381
THE POSSESSION OF THE COMMISSION STAFF ARISING OUT OF A 1,382
CONFIDENTIAL RELATIONSHIP WITH A FORMER MEMBER OF THE GENERAL 1,383
ASSEMBLY OR FORMER MEMBER OF THE GENERAL ASSEMBLY STAFF WHO IS
NOT AVAILABLE TO MAKE THE LEGISLATIVE DOCUMENT A PUBLIC RECORD AS 1,385
PROVIDED IN DIVISION (C) OF THIS SECTION BECAUSE OF DEATH OR 1,386
DISABILITY, WHOM THE DIRECTOR IS UNABLE TO CONTACT FOR THAT
PURPOSE, OR WHO FAILS TO RESPOND TO THE DIRECTOR AFTER THE 1,387
DIRECTOR HAS MADE A REASONABLE NUMBER OF ATTEMPTS TO MAKE SUCH 1,388
CONTACT.
(C)(1) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR 1,391
PURPOSES OF SECTION 149.43 OF THE REVISED CODE IF IT IS AN 1,393
ANALYSIS, SYNOPSIS, FISCAL NOTE, OR LOCAL IMPACT STATEMENT 1,394
PREPARED BY LEGISLATIVE STAFF THAT IS REQUIRED TO BE PREPARED BY 1,395
LAW, OR BY A RULE OF EITHER HOUSE OF THE GENERAL ASSEMBLY, FOR 1,396
THE BENEFIT OF THE MEMBERS OF EITHER OR BOTH OF THOSE HOUSES OR 1,397
ANY LEGISLATIVE COMMITTEE AND IF IT HAS BEEN PRESENTED TO THOSE 1,398
MEMBERS.
(2) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR PURPOSES 1,401
OF SECTION 149.43 OF THE REVISED CODE IF A MEMBER OF THE GENERAL 1,403
36
ASSEMBLY FOR WHOM LEGISLATIVE STAFF PREPARED THE LEGISLATIVE 1,405
DOCUMENT DOES ANY OF THE FOLLOWING:
(a) FILES IT FOR INTRODUCTION WITH THE CLERK OF THE SENATE 1,408
OR THE CLERK OF THE HOUSE OF REPRESENTATIVES, IF IT IS A BILL OR 1,409
RESOLUTION;
(b) PRESENTS IT AT A COMMITTEE HEARING OR FLOOR SESSION, 1,412
IF IT IS AN AMENDMENT TO A BILL OR RESOLUTION OR IS A SUBSTITUTE 1,413
BILL OR RESOLUTION;
(c) RELEASES IT, OR AUTHORIZES GENERAL ASSEMBLY STAFF OR 1,415
LEGISLATIVE STAFF TO RELEASE IT, TO THE PUBLIC. 1,416
Sec. 101.301. (A) AS USED IN THIS SECTION, "CAUCUS" MEANS 1,418
ALL OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES, OR ALL OF THE 1,419
MEMBERS OF THE SENATE, WHO ARE MEMBERS OF THE SAME POLITICAL 1,420
PARTY.
(B) NOTWITHSTANDING ANY CONTRARY PROVISION OF SECTION 1,422
2317.021 OF THE REVISED CODE, THE MEMBERS OF THE GENERAL ASSEMBLY 1,423
WHO ARE MEMBERS OF A CAUCUS, AND THE OFFICERS AND EMPLOYEES OF 1,424
THE GENERAL ASSEMBLY WHO EITHER SERVE THAT CAUCUS OR SERVE THE 1,425
MEMBERS OF THE GENERAL ASSEMBLY WHO ARE MEMBERS OF THAT CAUCUS, 1,426
ARE CLIENTS, FOR PURPOSES OF THE ATTORNEY-CLIENT TESTIMONIAL 1,427
PRIVILEGE SPECIFIED IN DIVISION (A) OF SECTION 2317.02 OF THE 1,428
REVISED CODE AND FOR PURPOSES OF ANY OTHER STATUTORY OR COMMON 1,430
LAW ATTORNEY-CLIENT PRIVILEGE RECOGNIZED IN THIS STATE, OF THE 1,431
EMPLOYEE OF THE HOUSE OF REPRESENTATIVES OR SENATE WHO SERVES AS 1,433
THE LEGAL COUNSEL FOR THAT CAUCUS.
Sec. 102.02. (A) Except as otherwise provided in division 1,442
(H) of this section, every person who is elected to or is a 1,443
candidate for a state, county, or city office, or the office of 1,444
member of the United States congress, and every person who is 1,445
appointed to fill a vacancy for an unexpired term in such an 1,446
elective office; all members of the state board of education; the 1,448
director, assistant directors, deputy directors, division chiefs, 1,449
or persons of equivalent rank of any administrative department of 1,450
the state; the president or other chief administrative officer of 1,451
37
every state institution of higher education as defined in section 1,452
3345.011 of the Revised Code; the chief executive officer of each 1,453
state retirement system; all members of the board of 1,454
commissioners on grievances and discipline of the supreme court 1,455
and the ethics commission created under section 102.05 of the 1,456
Revised Code; every business manager, treasurer, or 1,457
superintendent of a city, local, exempted village, joint 1,458
vocational, or cooperative education school district or an 1,459
educational service center; every person who is elected to or is 1,460
a candidate for the office of member of a board of education of a 1,461
city, local, exempted village, joint vocational, or cooperative 1,462
education school district or of a governing board of an 1,463
educational service center that has a total student count of 1,464
twelve thousand or more as most recently determined by the 1,465
department of education pursuant to section 3317.03 of the 1,467
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 1,468
or (F) of section 3311.71 of the Revised Code; all members of the 1,469
board of directors of a sanitary district established under 1,470
Chapter 6115. of the Revised Code and organized wholly for the 1,471
purpose of providing a water supply for domestic, municipal, and 1,473
public use that includes two municipal corporations in two 1,474
counties; every public official or employee who is paid a salary 1,476
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 1,477
other public official or employee who is designated by the 1,478
appropriate ethics commission pursuant to division (B) of this 1,479
section shall file with the appropriate ethics commission on a 1,480
form prescribed by the commission, a statement disclosing all of 1,481
the following: 1,482
(1) The name of the person filing the statement and each 1,484
member of the person's immediate family and all names under which 1,486
the person or members of the person's immediate family do 1,487
business; 1,488
38
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 1,490
section and except as otherwise provided in section 102.022 of 1,491
the Revised Code, identification of every source of income, other 1,492
than income from a legislative agent identified in division 1,493
(A)(2)(b) of this section, received during the preceding calendar 1,494
year, in the person's own name or by any other person for the 1,496
person's use or benefit, by the person filing the statement, and 1,497
a brief description of the nature of the services for which the 1,498
income was received. If the person filing the statement is a 1,499
member of the general assembly, the statement shall identify the 1,500
amount of every source of income received in accordance with the 1,501
following ranges of amounts: zero or more, but less than one 1,502
thousand dollars; one thousand dollars or more, but less than ten 1,503
thousand dollars; ten thousand dollars or more, but less than 1,504
twenty-five thousand dollars; twenty-five thousand dollars or 1,505
more, but less than fifty thousand dollars; fifty thousand 1,506
dollars or more, but less than one hundred thousand dollars; and 1,507
one hundred thousand dollars or more. Division (A)(2)(a) of this 1,508
section shall not be construed to require a person filing the 1,509
statement who derives income from a business or profession to 1,510
disclose the individual items of income that constitute the gross 1,511
income of that business or profession, except for those 1,512
individual items of income that are attributable to the person's 1,513
or, if the income is shared with the person, the partner's, 1,514
solicitation of services or goods or performance, arrangement, or 1,515
facilitation of services or provision of goods on behalf of the 1,516
business or profession of clients, including corporate clients, 1,517
who are legislative agents as defined in section 101.70 of the 1,518
Revised Code. A person who files the statement under this 1,519
section shall disclose the identity of and the amount of income 1,520
received from a person who the public official or employee knows 1,522
or has reason to know is doing or seeking to do business of any 1,523
kind with the public official's or employee's agency. 1,524
(b) If the person filing the statement is a member of the 1,526
39
general assembly, the statement shall identify every source of 1,527
income and the amount of that income that was received from a 1,528
legislative agent, as defined in section 101.70 of the Revised 1,529
Code, during the preceding calendar year, in the person's own 1,531
name or by any other person for the person's use or benefit, by 1,532
the person filing the statement, and a brief description of the 1,534
nature of the services for which the income was received. 1,535
Division (A)(2)(b) of this section requires the disclosure of 1,536
clients of attorneys or persons licensed under section 4732.12 of 1,537
the Revised Code, or patients of persons certified under section 1,538
4731.14 of the Revised Code, if those clients or patients are 1,539
legislative agents. Division (A)(2)(b) of this section requires 1,540
a person filing the statement who derives income from a business 1,541
or profession to disclose those individual items of income that 1,542
constitute the gross income of that business or profession that 1,543
are received from legislative agents. 1,544
(c) Except as otherwise provided in division (A)(2)(c) of 1,546
this section, division (A)(2)(a) of this section applies to 1,547
attorneys, physicians, and other persons who engage in the 1,548
practice of a profession and who, pursuant to a section of the 1,549
Revised Code, the common law of this state, a code of ethics 1,550
applicable to the profession, or otherwise, generally are 1,551
required not to reveal, disclose, or use confidences of clients, 1,552
patients, or other recipients of professional services except 1,553
under specified circumstances or generally are required to 1,554
maintain those types of confidences as privileged communications 1,555
except under specified circumstances. Division (A)(2)(a) of this 1,556
section does not require an attorney, physician, or other 1,557
professional subject to a confidentiality requirement as 1,558
described in division (A)(2)(c) of this section to disclose the 1,559
name, other identity, or address of a client, patient, or other 1,560
recipient of professional services if the disclosure would 1,561
threaten the client, patient, or other recipient of professional 1,562
services, would reveal details of the subject matter for which 1,563
40
legal, medical, or professional advice or other services were 1,564
sought, or would reveal an otherwise privileged communication 1,565
involving the client, patient, or other recipient of professional 1,566
services. Division (A)(2)(a) of this section does not require an 1,567
attorney, physician, or other professional subject to a 1,568
confidentiality requirement as described in division (A)(2)(c) of 1,569
this section to disclose in the brief description of the nature 1,570
of services required by division (A)(2)(a) of this section any 1,571
information pertaining to specific professional services rendered 1,572
for a client, patient, or other recipient of professional 1,573
services that would reveal details of the subject matter for 1,574
which legal, medical, or professional advice was sought or would 1,575
reveal an otherwise privileged communication involving the 1,576
client, patient, or other recipient of professional services. 1,577
(3) The name of every corporation on file with the 1,579
secretary of state that is incorporated in this state or holds a 1,581
certificate of compliance authorizing it to do business in this 1,582
state, trust, business trust, partnership, or association that 1,583
transacts business in this state in which the person filing the 1,585
statement or any other person for the person's use and benefit 1,586
had during the preceding calendar year an investment of over one 1,587
thousand dollars at fair market value as of the thirty-first day 1,588
of December of the preceding calendar year, or the date of 1,589
disposition, whichever is earlier, or in which the person holds 1,590
any office or has a fiduciary relationship, and a description of 1,591
the nature of the investment, office, or relationship. Division 1,592
(A)(3) of this section does not require disclosure of the name of 1,594
any bank, savings and loan association, credit union, or building 1,595
and loan association with which the person filing the statement 1,596
has a deposit or a withdrawable share account. 1,597
(4) All fee simple and leasehold interests to which the 1,599
person filing the statement holds legal title to or a beneficial 1,600
interest in real property located within the state, excluding the 1,601
person's residence and property used primarily for personal 1,602
41
recreation; 1,603
(5) The names of all persons residing or transacting 1,605
business in the state to whom the person filing the statement 1,606
owes, in the person's own name or in the name of any other 1,607
person, more than one thousand dollars. Division (A)(5) of this 1,610
section shall not be construed to require the disclosure of debts 1,611
owed by the person resulting from the ordinary conduct of a 1,612
business or profession or debts on the person's residence or real 1,613
property used primarily for personal recreation, except that the 1,614
superintendent of financial institutions shall disclose the names 1,616
of all state-chartered savings and loan associations and of all 1,618
service corporations subject to regulation under division (E)(2) 1,619
of section 1151.34 of the Revised Code to whom the superintendent 1,620
in the superintendent's own name or in the name of any other 1,621
person owes any money, and that the superintendent and any deputy 1,623
superintendent of banks shall disclose the names of all 1,624
state-chartered banks and all bank subsidiary corporations 1,625
subject to regulation under section 1109.44 of the Revised Code 1,626
to whom the superintendent or deputy superintendent owes any 1,627
money.
(6) The names of all persons residing or transacting 1,629
business in the state, other than a depository excluded under 1,630
division (A)(3) of this section, who owe more than one thousand 1,632
dollars to the person filing the statement, either in the 1,633
person's own name or to any person for the person's use or 1,635
benefit. Division (A)(6) of this section shall not be construed 1,637
to require the disclosure of clients of attorneys or persons 1,638
licensed under section 4732.12 or 4732.15 of the Revised Code, or 1,639
patients of persons certified under section 4731.14 of the 1,640
Revised Code, nor the disclosure of debts owed to the person 1,641
resulting from the ordinary conduct of a business or profession. 1,642
(7) Except as otherwise provided in section 102.022 of the 1,644
Revised Code, the source of each gift of over seventy-five 1,645
dollars, or of each gift of over twenty-five dollars received by 1,646
42
a member of the general assembly from a legislative agent, 1,647
received by the person in the person's own name or by any other 1,649
person for the person's use or benefit during the preceding 1,650
calendar year, except gifts received by will or by virtue of 1,652
section 2105.06 of the Revised Code, or received from spouses, 1,653
parents, grandparents, children, grandchildren, siblings, 1,654
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 1,655
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 1,656
any person to whom the person filing the statement stands in loco 1,657
parentis, or received by way of distribution from any inter vivos 1,658
or testamentary trust established by a spouse or by an ancestor; 1,659
(8) Except as otherwise provided in section 102.022 of the 1,661
Revised Code, identification of the source and amount of every 1,662
payment of expenses incurred for travel to destinations inside or 1,663
outside this state that is received by the person in the person's 1,665
own name or by any other person for the person's use or benefit 1,666
and that is incurred in connection with the person's official 1,668
duties except for expenses for travel to meetings or conventions 1,669
of a national or state organization to which either house of the 1,670
general assembly, any legislative agency, a state institution of 1,671
higher education as defined in section 3345.031 of the Revised 1,672
Code, any other state agency, or any political subdivision or any 1,673
office or agency of a political subdivision pays membership dues; 1,674
(9) Except as otherwise provided in section 102.022 of the 1,676
Revised Code, identification of the source of payment of expenses 1,677
for meals and other food and beverages, other than for meals and 1,678
other food and beverages provided at a meeting at which the 1,679
person participated in a panel, seminar, or speaking engagement 1,680
or at a meeting or convention of a national or state organization 1,681
to which either house of the general assembly, any legislative 1,682
agency, a state institution of higher education as defined in 1,683
section 3345.031 of the Revised Code, any other state agency, or 1,684
any political subdivision or any office or agency of a political 1,685
subdivision pays membership dues, that are incurred in connection 1,686
43
with the person's official duties and that exceed one hundred 1,687
dollars aggregated per calendar year; 1,688
(10) If the financial disclosure statement is filed by a 1,690
public official or employee described in division (B)(2) of 1,691
section 101.73 of the Revised Code or division (B)(2) of section 1,692
121.63 of the Revised Code who receives a statement from a 1,693
legislative agent, executive agency lobbyist, or employer that 1,694
contains the information described in division (F)(2) of section 1,695
101.73 of the Revised Code or division (G)(2) of section 121.63 1,696
of the Revised Code, all of the nondisputed information contained 1,697
in the statement delivered to that public official or employee by 1,698
the legislative agent, executive agency lobbyist, or employer 1,699
under division (F)(2) of section 101.73 or (G)(2) of section 1,700
121.63 of the Revised Code. As used in division (A)(10) of this 1,701
section, "legislative agent," "executive agency lobbyist," and 1,704
"employer" have the same meanings as in sections 101.70 and
121.60 of the Revised Code. 1,705
A person may file a statement required by this section in 1,707
person or by mail. A person who is a candidate for elective 1,708
office shall file the statement no later than the thirtieth day 1,710
before the primary, special, or general election at which the 1,712
candidacy is to be voted on, whichever election occurs soonest, 1,714
except that a person who is a write-in candidate shall file the 1,715
statement no later than the twentieth day before the earliest 1,716
election at which the person's candidacy is to be voted on. A 1,718
person who holds elective office shall file the statement on or 1,719
before the fifteenth day of April of each year unless the person 1,721
is a candidate for office. A person who is appointed to fill a 1,723
vacancy for an unexpired term in an elective office shall file 1,724
the statement within fifteen days after the person qualifies for 1,726
office. Other persons shall file an annual statement on or 1,728
before the fifteenth day of April or, if appointed or employed 1,729
after that date, within ninety days after appointment or 1,730
employment. No person shall be required to file with the 1,731
44
appropriate ethics commission more than one statement or pay more 1,732
than one filing fee for any one calendar year. 1,733
The appropriate ethics commission, for good cause, may 1,735
extend for a reasonable time the deadline for filing a disclosure 1,736
statement under this section. 1,737
A statement filed under this section is subject to public 1,739
inspection at locations designated by the appropriate ethics 1,740
commission except as otherwise provided in this section. 1,741
(B) The Ohio ethics commission, the joint legislative 1,743
ethics committee, and the board of commissioners on grievances 1,744
and discipline of the supreme court, using the rule-making 1,745
procedures of Chapter 119. of the Revised Code, may require any 1,746
class of public officials or employees under its jurisdiction and 1,747
not specifically excluded by this section whose positions involve 1,748
a substantial and material exercise of administrative discretion 1,749
in the formulation of public policy, expenditure of public funds, 1,750
enforcement of laws and rules of the state or a county or city, 1,751
or the execution of other public trusts, to file an annual 1,752
statement on or before the fifteenth day of April under division 1,753
(A) of this section. The appropriate ethics commission shall 1,754
send the public officials or employees written notice of the 1,755
requirement by the fifteenth day of February of each year the 1,756
filing is required unless the public official or employee is 1,757
appointed after that date, in which case the notice shall be sent 1,758
within thirty days after appointment, and the filing shall be 1,759
made not later than ninety days after appointment. 1,760
Disclosure statements filed under this division with the 1,762
Ohio ethics commission by members of boards, commissions, or 1,763
bureaus of the state for which no compensation is received other 1,764
than reasonable and necessary expenses shall be kept 1,765
confidential. Disclosure statements filed with the Ohio ethics 1,767
commission under division (A) of this section by business 1,768
managers, treasurers, and superintendents of city, local, 1,769
exempted village, joint vocational, or cooperative education 1,770
45
school districts or educational service centers shall be kept 1,771
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 1,772
of the Revised Code may examine the disclosure statement of any 1,773
business manager, treasurer, or superintendent of that school 1,774
district or educational service center. The Ohio ethics 1,775
commission shall examine each disclosure statement required to be 1,776
kept confidential to determine whether a potential conflict of 1,777
interest exists for the person who filed the disclosure 1,778
statement. A potential conflict of interest exists if the 1,779
private interests of the person, as indicated by the person's 1,780
disclosure statement, might interfere with the public interests 1,782
the person is required to serve in the exercise of the person's 1,783
authority and duties in the person's office or position of 1,784
employment. If the commission determines that a potential 1,785
conflict of interest exists, it shall notify the person who filed 1,786
the disclosure statement and shall make the portions of the 1,787
disclosure statement that indicate a potential conflict of 1,788
interest subject to public inspection in the same manner as is 1,789
provided for other disclosure statements. Any portion of the 1,790
disclosure statement that the commission determines does not 1,791
indicate a potential conflict of interest shall be kept 1,792
confidential by the commission and shall not be made subject to 1,793
public inspection, except as is necessary for the enforcement of 1,794
Chapters 102. and 2921. of the Revised Code and except as 1,795
otherwise provided in this division. 1,796
(C) No person shall knowingly fail to file, on or before 1,798
the applicable filing deadline established under this section, a 1,799
statement that is required by this section. 1,800
(D) No person shall knowingly file a false statement that 1,802
is required to be filed under this section. 1,803
(E)(1) Except as provided in divisions (E)(2) and (3) of 1,805
this section, on and after March 2, 1994, the statement required 1,806
by division (A) or (B) of this section shall be accompanied by a 1,808
46
filing fee of twenty-five dollars. 1,809
(2) The statement required by division (A) of this section 1,811
shall be accompanied by a filing fee to be paid by the person who 1,812
is elected or appointed to or is a candidate for any of the 1,813
following offices: 1,814
For state office, except member of 1,816
state board of education $50 1,817
For office of member of United States 1,818
congress or member of general assembly $25 1,819
For county office $25 1,820
For city office $10 1,821
For office of member of state board 1,822
of education $10 1,823
For office of member of city, local, 1,824
exempted village, or cooperative 1,825
education board of 1,826
education or educational service 1,827
center governing board $ 5 1,828
For position of business manager, 1,829
treasurer, or superintendent of 1,830
city, local, exempted village, joint 1,831
vocational, or cooperative education 1,832
school district or 1,833
educational service center $ 5 1,834
(3) No judge of a court of record or candidate for judge 1,836
of such a court, and no referee or magistrate serving a court of 1,837
record, shall be required to pay the fee required under division 1,838
(E)(1) or (2) or (F) of this section. 1,839
(4) For any public official who is appointed to a 1,841
nonelective office of the state and for any employee who holds a 1,842
nonelective position in a public agency of the state, the state 1,843
agency that is the primary employer of the state official or 1,844
employee shall pay the fee required under division (E)(1) or (F) 1,845
of this section. 1,846
47
(F) If a statement required to be filed under this section 1,848
is not filed by the date on which it is required to be filed, the 1,849
appropriate ethics commission shall assess the person required to 1,850
file the statement a late filing fee equal to one-half of the 1,851
applicable filing fee for each day the statement is not filed, 1,852
except that the total amount of the late filing fee shall not 1,853
exceed one hundred dollars. 1,854
(G)(1) The appropriate ethics commission other than the 1,856
Ohio ethics commission shall deposit all fees it receives under 1,857
divisions (E) and (F) of this section into the general revenue 1,858
fund of the state. 1,859
(2) The Ohio ethics commission shall deposit all RECEIPTS, 1,861
INCLUDING, BUT NOT LIMITED TO, fees it receives under divisions 1,863
(E) and (F) of this section and all moneys it receives from 1,864
settlements under division (G) of section 102.06 of the Revised 1,865
Code, into the Ohio ethics commission fund, which is hereby 1,866
created in the state treasury. All moneys credited to the fund 1,867
shall be used solely for expenses related to the operation AND 1,868
STATUTORY FUNCTIONS of the commission.
(H) Division (A) of this section does not apply to a 1,870
person elected or appointed to the office of precinct, ward, or 1,871
district committee member under Chapter 3517. of the Revised 1,872
Code; a presidential elector; a delegate to a national 1,873
convention; village or township officials and employees; any 1,874
physician or psychiatrist who is paid a salary or wage in 1,875
accordance with schedule C of section 124.15 or schedule E-2 of 1,876
section 124.152 of the Revised Code and whose primary duties do 1,877
not require the exercise of administrative discretion; or any 1,878
member of a board, commission, or bureau of any county or city 1,879
who receives less than one thousand dollars per year for serving 1,880
in that position. 1,881
Sec. 103.143. In addition to its duties under section 1,890
103.14 of the Revised Code, the legislative budget office of the 1,891
legislative service commission shall, in accordance with this 1,892
48
section, review all bills assigned to a committee of the general 1,893
assembly, complete the appropriate local impact statements 1,894
required by this section, and compile and distribute these 1,895
statements as required by division (D) of this section. 1,896
(A) Subject to division (F) of this section, whenever any 1,899
bill is introduced into either house of the general assembly and 1,900
receives second consideration pursuant to the rules of that 1,901
house, the bill shall be reviewed immediately by the legislative 1,902
budget officer. Upon completing this review, the legislative 1,903
budget officer shall determine whether the bill could result in a 1,904
net additional cost to school districts, counties, townships, or 1,905
municipal corporations from any new or expanded program or 1,906
service that school districts, counties, townships, or municipal 1,907
corporations would be required to perform or administer under the 1,908
bill. If the legislative budget officer determines that it could 1,910
result in such a cost, the legislative budget office shall 1,911
prepare a local impact statement in the manner specified in this 1,912
section. Immediately upon determining the potential for a net 1,913
additional cost, the legislative budget officer shall notify the 1,914
sponsor of the bill, the chairperson of the committee to which 1,915
the bill has been assigned, and the presiding officer and 1,916
minority leader of the house in which the bill originates of the 1,917
legislative budget officer's determination by signing and dating 1,919
a statement to be delivered to them. 1,920
If a local impact statement is required, the legislative 1,922
budget office shall, as soon as possible but no later than thirty 1,923
days after the date the bill is scheduled for a first hearing in 1,924
a committee in the house in which the bill was introduced or no 1,925
later than thirty days after being requested to do so by the 1,926
chairperson of such a committee, prepare a statement containing 1,928
the most accurate estimate possible, in dollars, of the net
additional costs, if any, that will be required of school 1,929
districts, counties, townships, or municipal corporations to 1,930
perform or administer a new or expanded program or service 1,931
49
required under the bill. Copies of this statement shall be sent 1,932
to the governor, the speaker of the house of representatives, the 1,933
president of the senate, the sponsor of the bill, the minority 1,934
leader in both houses, and the chairperson of the committee to 1,936
which the bill has been assigned. 1,937
No bill for which a local impact statement is required by 1,939
this section shall be voted out of committee until after the 1,940
committee members have received and considered the statement or, 1,941
if the bill was amended in committee, the revised statement, 1,942
unless the bill is voted out of committee by a two-thirds vote of 1,943
the membership of the committee. 1,944
(B) In preparing a local impact statement, the legislative 1,946
budget office may request any department, division, institution, 1,947
board, commission, authority, bureau, or other instrumentality or 1,948
officer of the state, a school district, a county, a municipal 1,949
corporation, or a township to provide any of the following 1,950
information: 1,951
(1) An estimate, in dollars, of the amount by which the 1,953
bill would increase or decrease the revenues received or 1,954
expenditures made by the instrumentality, officer, or entity; 1,955
(2) Any other information the legislative budget office 1,957
considers necessary for it to understand or explain the fiscal 1,958
effect of the bill. 1,959
An instrumentality, officer, or entity shall comply with a 1,961
request as soon as reasonably possible, but not later than 1,962
fifteen days, after receiving it. The legislative budget office 1,963
shall specify the manner of compliance in its request, and if 1,964
necessary may specify a period of time longer than fifteen days 1,965
for compliance. The legislative budget office may consider any 1,966
information provided under division (B)(1) or (2) of this section 1,967
in preparing a local impact statement. 1,968
(C) Any time a bill is amended, the legislative budget 1,970
office shall, as soon as reasonably possible, revise the local 1,971
impact statement to reflect changes made by amendment. 1,972
50
(D) The legislative budget office shall annually compile 1,974
the final local impact statements completed for all laws passed 1,975
by both houses of the general assembly in the preceding year. It 1,976
shall send a copy of this compilation as a draft report to the 1,977
state and local government commission and to associations or 1,978
nonprofit organizations formed for the improvement of school 1,979
districts or municipal, township, or county government or for 1,980
their elected officials by the last day of July of each year. 1,981
Upon receiving the draft report, the state and local government 1,982
commission shall solicit comments from these associations and 1,983
organizations about the actual fiscal impact of bills passed 1,984
during the year covered by the report. The commission shall 1,985
review and comment on the draft report before returning it to the 1,986
legislative budget office, along with the comments of the 1,987
associations and organizations, by the last day of August. The 1,988
legislative budget office shall then prepare a final report 1,989
consisting of the compiled local impact statements and all 1,990
comments returned by the state and local government commission. 1,991
The final report shall be completed by the last day of September 1,992
and copies of the report shall be sent to the governor, the 1,993
speaker of the house of representatives, and the president of the 1,994
senate. 1,995
(E) As used in this section, "net additional cost" means 1,997
any cost incurred or anticipated to be incurred by a school 1,998
district, county, township, or municipal corporation in 1,999
performing or administering a new or expanded program or service 2,000
required by a state law other than any of the following: 2,001
(1) A cost arising from the exercise of authority granted 2,003
by a state law rather than from the performance of a duty or 2,004
obligation imposed by a state law; 2,005
(2) New duties or obligations that create only a minimal 2,007
cost for affected school districts, counties, townships, or 2,008
municipal corporations. The legislative budget office shall 2,009
determine what constitutes such a minimal cost. Before making 2,010
51
this determination, the legislative budget office shall notify 2,011
the state organizations that represent school districts, 2,012
counties, townships, and municipal corporations regarding the 2,013
proposed determination and provide a thirty-day period for these 2,014
organizations and individual school districts, counties, 2,015
townships, and municipal corporations to comment on it. 2,016
(3) A cost arising from a law passed as a result of a 2,018
federal mandate. 2,019
The amounts described in division (E)(2) of this section 2,021
include only the amounts remaining after subtracting from such 2,022
costs any revenues received or receivable by the school district, 2,023
county, township, or municipal corporation on account of the 2,024
program or service, including the following: 2,025
(a) Fees charged to the recipients of the program or 2,027
service; 2,028
(b) State or federal aid paid specifically or 2,030
categorically in connection with the program or service; 2,031
(c) Any offsetting savings resulting from the diminution 2,034
or elimination of any other program or service directly 2,035
attributable to the performance or administration of the required 2,036
program or service. 2,037
(F) This section does not apply to any of the following: 2,040
(1) The main biennial operating appropriations bill; 2,043
(2) The biennial operating appropriations bill for state 2,045
agencies supported by motor fuel tax revenue; 2,046
(3) The biennial operating appropriations bill or bills 2,048
for the bureau of workers' compensation and the industrial 2,049
commission; 2,050
(4) ANY OTHER BILL THAT MAKES THE PRINCIPAL BIENNIAL 2,052
OPERATING APPROPRIATIONS FOR ONE OR MORE STATE AGENCIES; 2,053
(5) The bill that primarily contains corrections and 2,055
supplemental appropriations to the biennial operating 2,056
appropriations bills; 2,057
(5)(6) The main biennial capital appropriations bill; 2,059
52
(6)(7) The bill that primarily contains reappropriations 2,061
from previous capital appropriations bills. 2,062
Sec. 103.71. There is hereby created a correctional 2,071
institution inspection committee consisting AS A SUBCOMMITTEE OF 2,072
THE LEGISLATIVE SERVICE COMMISSION. THE COMMITTEE SHALL CONSIST 2,073
of eight persons, four of whom shall be members of the senate 2,075
appointed by the president of the senate, not more than two of 2,076
whom shall be members of the same political party, and four of 2,077
whom shall be members of the house of representatives appointed 2,078
by the speaker of the house of representatives, not more than two 2,079
of whom shall be members of the same political party. Initial 2,080
appointments to the committee shall be made within fifteen days 2,081
after the effective date of this section and in the manner 2,082
prescribed in this section. Thereafter, appointments to the 2,083
committee shall be made within fifteen days after the 2,084
commencement of the first regular session of the general assembly 2,085
and in the manner prescribed in this section. A vacancy on the 2,086
committee shall be filled for the unexpired term in the same 2,087
manner as the original appointment. Members of the committee 2,088
shall serve on the committee until the appointments are made in 2,089
the first regular session of the following general assembly, 2,090
unless they cease to be members of the general assembly. THE 2,091
COMMITTEE, SUBJECT TO THE OVERSIGHT AND DIRECTION OF THE 2,092
LEGISLATIVE SERVICE COMMISSION, SHALL DIRECT THE WORK OF THE 2,093
DIRECTOR AND STAFF OF THE COMMITTEE.
Sec. 103.73. (A) The correctional institution inspection 2,102
committee shall do all of the following: 2,103
(1) Subject to division (C) of this section, establish and 2,105
maintain a continuing program of inspection of each state 2,106
correctional institution used for the custody, control, training, 2,107
and rehabilitation of persons convicted of crime and of each 2,108
private correctional facility. Subject to division (C) of this 2,109
section, the committee AND ANY INDIVIDUALS PERFORMING 2,110
CORRECTIONAL INSTITUTION INSPECTION SERVICES ON BEHALF OF THE 2,112
53
COMMITTEE PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 2,113
103.74 OF THE REVISED CODE may inspect any local correctional 2,114
institution used for the same purposes. Subject to division (C) 2,115
of this section, the committee, and each member of the committee, 2,116
AND EACH INDIVIDUAL PERFORMING CORRECTIONAL INSTITUTION
INSPECTION SERVICES ON BEHALF OF THE COMMITTEE PURSUANT TO A 2,117
CONTRACT ENTERED INTO UNDER SECTION 103.74 OF THE REVISED CODE, 2,118
for the purpose of making an inspection pursuant to this section, 2,120
shall have access to any state or local correctional institution, 2,121
to any private correctional facility, or to any part of the 2,123
institution or facility and shall not be required to give advance 2,124
notice of, or to make prior arrangements before conducting, an 2,125
inspection.
(2) Evaluate and assist in the development of programs to 2,127
improve the condition or operation of correctional institutions; 2,128
(3) Prepare a report for submission to the succeeding 2,130
general assembly of the findings the committee makes in its 2,131
inspections and of any programs that have been proposed or 2,133
developed to improve the condition or operation of the 2,134
correctional institutions in the state. The report shall contain 2,135
a separate evaluation of the inmate grievance procedure at each 2,136
state correctional institution. The committee shall submit the 2,137
report to the succeeding general assembly within fifteen days 2,138
after commencement of that general assembly's first regular 2,139
session.
(B) Subject to division (C) of this section, the committee 2,141
shall make an inspection of each state correctional institution 2,142
each biennium and of each private correctional facility each 2,143
biennium. The inspection shall include attendance at one general 2,144
meal period and one rehabilitative or educational program. 2,145
(C) An inspection of a state correctional institution, a 2,147
private correctional facility, or a local correctional 2,148
institution under division (A) or (B) of this section or under 2,150
section 103.74 of the Revised Code is subject to and shall be 2,151
54
conducted in accordance with all of the following:
(1) The inspection shall not be conducted unless the 2,153
chairperson of the committee grants prior approval for the 2,155
inspection. The grant of prior approval shall specify whether
the inspection is to be conducted by a subcommittee appointed 2,157
under section 103.74 of the Revised Code or is to be conducted 2,159
other than by a subcommittee appointed under that section. 2,160
(2) The inspection shall not be conducted unless one of 2,163
the following applies:
(a) If the inspection is to be conducted by a subcommittee 2,166
appointed under section 103.74 of the Revised Code, at least two 2,167
members appointed to the committee are present for the 2,168
inspection;.
(b) THE INSPECTION IS TO BE CONDUCTED BY AN INDIVIDUAL 2,170
PURSUANT TO A CONTRACT TO PERFORM CORRECTIONAL INSTITUTION 2,171
INSPECTION SERVICES ENTERED INTO UNDER SECTION 103.74 OF THE 2,173
REVISED CODE.
(c) If division (C)(2)(a) OR (b) of this section does not 2,176
apply, at least one member appointed to the committee and at
least one staff member of the committee are present for the 2,177
inspection.
(3) Unless the chairperson of the committee determines 2,180
that the inspection must be conducted outside of normal business 2,181
hours for any reason, including emergency circumstances or a 2,182
justifiable cause that perpetuates the mission of the committee, 2,183
and the chairperson specifies in the grant of prior approval for
the inspection that the chairperson has so determined, the 2,185
inspection shall be conducted only during normal business hours.
If the chairperson determines that the inspection must be 2,186
conducted outside of normal business hours and the chairperson 2,187
specifies in the grant of prior approval for the inspection that 2,188
the chairperson has so determined, the inspection may be 2,189
conducted outside of normal business hours. 2,190
(4) If the inspection is to be conducted by a subcommittee 2,192
55
appointed under section 103.74 of the Revised Code, no staff 2,193
member of the committee may be present on the inspection unless 2,195
the chairperson of the committee, in the grant of prior approval 2,196
for the inspection, specifically authorizes staff members to be 2,197
present on the inspection. If the inspection is to be conducted 2,198
other than by a subcommittee appointed under that section, staff 2,201
members may be present on the inspection regardless of whether
the grant of prior approval contains a specific authorization for 2,202
staff members to be present on the inspection. 2,203
(D) As used in this section: 2,205
(1) "Local public entity," "out-of-state prisoner," and 2,207
"private contractor" have the same meanings as in section 9.07 of 2,208
the Revised Code.
(2) "Private correctional facility" means a correctional 2,211
facility in this state that houses out-of-state prisoners and 2,212
that is operated by a private contractor under a contract with a
local public entity pursuant to section 9.07 of the Revised Code. 2,213
Sec. 103.74. Subject to division (C) of section 103.73 of 2,222
the Revised Code, the chairperson of the correctional institution 2,223
inspection committee may appoint subcommittees, each to consist 2,224
of at least two members, for the purpose of conducting 2,225
inspections pursuant to section 103.73 of the Revised Code. 2,226
The committee may employ a director and any other nonlegal 2,228
staff, who shall be in the unclassified service of the state, 2,229
that are necessary for the committee to carry out its duties and 2,230
may contract for the services of whatever nonlegal technical 2,231
advisors are necessary for the committee to carry out its duties. 2,232
THE COMMITTEE ALSO MAY CONTRACT FOR CORRECTIONAL INSTITUTION 2,233
INSPECTION SERVICES WITH A PERSON APPROVED BY THE AMERICAN 2,234
CORRECTIONAL ASSOCIATION TO PROVIDE SERVICES OF THAT NATURE. THE 2,235
CONTRACT SHALL REQUIRE THAT THE PERSON SUBMIT A REPORT REGARDING 2,236
THE INSPECTION TO THE COMMITTEE. THE COMMITTEE SHALL REVIEW AND 2,237
ACCEPT OR REJECT THE REPORT. The attorney general shall act as 2,238
legal counsel to the committee.
56
The chairperson and vice-chairperson of the legislative 2,240
service commission shall fix the compensation of the director. 2,241
The director, with the approval of the director of the 2,242
legislative service commission, shall fix the compensation of 2,243
other staff of the committee in accordance with a salary schedule 2,244
established by the director of the legislative service 2,245
commission. Contracts for the services of necessary technical 2,246
advisors AND CORRECTIONAL INSTITUTION INSPECTION SERVICES shall 2,247
be approved by the director of the legislative service 2,248
commission.
The general assembly shall biennially appropriate to the 2,250
correctional institution inspection committee an amount 2,251
sufficient to enable the committee to perform its duties. 2,252
Salaries and expenses incurred by the committee shall be paid 2,253
from that appropriation upon vouchers approved by the chairperson 2,255
of the committee.
Sec. 109.081. Nine UP TO ELEVEN per cent of all amounts 2,264
collected by the attorney general, whether by employees or agents 2,266
of the attorney general or by special counsel pursuant to section 2,267
109.08 of the Revised Code, on claims due the state shall be paid 2,268
into the state treasury to the credit of the attorney general
claims fund, which is hereby created. THE ATTORNEY GENERAL, 2,269
AFTER CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, 2,270
SHALL DETERMINE THE EXACT PERCENTAGE OF THOSE COLLECTED AMOUNTS 2,271
THAT SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 2,272
FUND. The fund shall be used for the payment of expenses 2,274
incurred by the office of the attorney general.
Sec. 111.18. (A) The secretary of state shall keep a 2,283
record of all fees collected by the secretary of state and, 2,284
except as otherwise provided in this section and in sections 2,285
1309.401 and 1329.68 and division (C)(2) of section 3506.05 of 2,286
the Revised Code, shall pay, THROUGH JUNE 30, 2001, FIFTY PER 2,288
CENT OF them into the state treasury to the credit of the general 2,290
revenue fund AND FIFTY PER CENT OF THEM INTO THE STATE TREASURY 2,291
57
TO THE CREDIT OF THE CORPORATE AND UNIFORM COMMERCIAL CODE FILING 2,292
FUND CREATED UNDER SECTION 1309.401 OF THE REVISED CODE AND SHALL 2,293
PAY, ON AND AFTER JULY 1, 2001, ALL OF THEM INTO THE STATE 2,294
TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND. The
following THROUGH JUNE 30, 2001, ALL OF THE fees COLLECTED UNDER 2,297
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 2,300
corporate and uniform commercial code filing fund created in 2,302
section 1309.401 of the Revised Code. ON AND AFTER JULY 1, 2001, 2,303
THE FOLLOWING FEES SHALL BE PAID INTO THE STATE TREASURY TO THE 2,304
CREDIT OF THAT CORPORATE AND UNIFORM COMMERCIAL CODE FILING FUND: 2,305
(1) Twenty-five dollars of each fee collected under 2,307
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of 2,309
the Revised Code;
(2) Twenty-five dollars of each fee collected under 2,311
division (C) of section 1703.031 of the Revised Code; 2,313
(3) All fees collected under divisions (I)(2) and (N) of 2,316
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the 2,318
Revised Code; 2,319
(5) Each fifty-dollar fee for amendments filed by foreign 2,321
nonprofit corporations under section 1703.27 of the Revised Code. 2,323
(B) The secretary of state may implement a credit card 2,325
payment program permitting payment of any fee charged by the 2,326
secretary of state by means of a credit card. The secretary of 2,327
state may open an account outside the state treasury in a 2,328
financial institution for the purpose of depositing credit card 2,329
receipts. Within forty-eight hours following the deposit of the 2,331
receipts, the financial institution shall make available to the 2,332
secretary of state funds in the amount of the receipts. The 2,333
secretary of state shall then pay these funds into the state
treasury to the credit of the general revenue fund, except as 2,334
otherwise provided by the Revised Code. 2,335
The secretary of state may pay the cost of any service 2,337
58
charge required by a financial institution or credit card company 2,338
in connection with a credit card payment program. 2,339
The secretary of state shall adopt rules as necessary to 2,341
carry out the purposes of this division. The rules shall include 2,342
standards for determining eligible financial institutions and the 2,343
manner in which funds shall be made available and shall be 2,344
consistent with the standards contained in sections 135.03, 2,345
135.18, and 135.181 of the Revised Code. 2,346
Sec. 117.14. A biennial AN ANNUAL audit of the office of 2,355
the auditor of state shall be made by an independent certified 2,357
public accountant appointed by a committee consisting of the 2,358
governor and the chairmen CHAIRPERSONS of the finance committees 2,359
of the senate and the house of representatives. The committee 2,361
shall make the appointment by the second Monday of October in 2,362
each odd-numbered THIRTY-FIRST DAY OF MARCH IMMEDIATELY PRECEDING 2,363
THE LAST DAY OF THE FISCAL year TO BE AUDITED and shall prescribe 2,365
the contract terms of the audit, which shall cover the period 2,367
beginning the second Monday of January of the current year and 2,368
ending the day preceding the second Monday of January of the next 2,369
odd-numbered year.
Not later than six months after the end of the biennial 2,371
period examined ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER, the 2,373
accountant shall submit a report of his THE audit COMPLETED UNDER 2,374
THIS SECTION FOR THE IMMEDIATELY PRECEDING FISCAL YEAR to each 2,375
member of the committee. One copy OF THE AUDIT REPORT shall be 2,376
filed with the state library for public inspection. An THE audit 2,377
report completed pursuant to this section is not a public record 2,378
under section 149.43 of the Revised Code until it is filed with 2,379
the state library. 2,380
The records of the auditor of state shall be made available 2,382
to the accountant. The accountant shall be paid from the general 2,383
revenue fund from an appropriation made for that purpose to the 2,384
office of budget and management. 2,385
If an auditor of state is for any reason unable to complete 2,387
59
his statutory term of office, there shall be an audit of the 2,389
office in addition to and in the same manner as the biennial 2,390
audit provided for in this section. 2,391
Sec. 117.44. To enhance local officials' background and 2,400
working knowledge of government accounting, budgeting and 2,401
financing, financial report preparation, and the rules adopted by 2,402
the auditor of state, the auditor of state shall hold training 2,403
programs for persons elected for the first time as township 2,404
clerks, city auditors, and village clerks, between the first day 2,405
of December and the fifteenth day of February immediately 2,406
following a general election for any of these offices. Similar 2,407
training may also be provided to any township clerk, city 2,408
auditor, or village clerk who is appointed to fill a vacancy or 2,409
who is elected in a special election. 2,410
The auditor of state also shall develop and provide an 2,412
annual training program of continuing education for village 2,413
clerks.
The auditor of state shall determine the manner, content, 2,415
and length of the training programs after consultation with 2,416
appropriate statewide organizations of local governmental 2,417
officials. The auditor of state shall charge the political 2,418
subdivisions that the trainees represent a registration fee that 2,419
will meet actual and necessary expenses of the training, 2,420
including instructor fees, site acquisition costs, and the cost 2,421
of course materials. The necessary personal expenses incurred by 2,422
the officials as a result of attending the training program shall 2,423
be borne by the political subdivisions they represent. 2,424
The auditor of state shall allow any other interested 2,426
person to attend any of the training programs that the auditor of 2,427
state holds pursuant to this section; provided, that before 2,429
attending any such training program, the interested person shall 2,430
pay to the auditor of state the full registration fee that the 2,431
auditor of state has set for the training program. 2,432
There is hereby established in the state treasury the 2,434
60
auditor of state training program fund, to be used by the auditor 2,435
of state for the actual and necessary expenses of any training 2,436
programs held pursuant to this section, SECTION 117.441, or 2,438
section 321.46 of the Revised Code. All registration fees 2,440
collected under this section shall be paid into the fund. 2,441
Sec. 117.441. THE AUDITOR OF STATE SHALL CONDUCT A 2,443
FIDUCIARY TRAINING PROGRAM FOR MEMBERS AND EMPLOYEES OF STATE 2,444
BOARDS AND COMMISSIONS. THE PROGRAM SHALL BE OFFERED AT LEAST 2,445
ANNUALLY. THE AUDITOR OF STATE SHALL DETERMINE THE MANNER AND 2,446
CONTENT OF THE PROGRAM AND MAY CHARGE A REGISTRATION FEE TO 2,447
DEFRAY THE ACTUAL AND NECESSARY EXPENSES OF THE PROGRAM. 2,448
MEMBERS AND EMPLOYEES OF STATE BOARDS AND COMMISSIONS MAY 2,450
ATTEND THE FIDUCIARY TRAINING PROGRAM OFFERED UNDER THIS SECTION. 2,451
IF A REGISTRATION FEE IS CHARGED FOR THE PROGRAM, THE AUDITOR OF 2,453
STATE SHALL DEPOSIT IT INTO THE AUDITOR OF STATE TRAINING PROGRAM 2,454
FUND ESTABLISHED UNDER SECTION 117.44 OF THE REVISED CODE. 2,455
Sec. 117.45. (A) The auditor of state shall draw warrants 2,464
against the treasurer of state pursuant to all requests for 2,465
payment that the director of budget and management has approved 2,466
under section 126.07 of the Revised Code. 2,467
(B) Unless the director of human services has provided for 2,469
the making of payments by electronic benefit transfer, if a 2,470
financial institution and account have been designated by the 2,471
participant or recipient, payment by the auditor of state to a 2,472
participant in the Ohio works first program pursuant to Chapter 2,474
5107. of the Revised Code or a recipient of disability assistance 2,476
pursuant to Chapter 5115. of the Revised Code shall be made by 2,477
direct deposit to the account of the participant or recipient in 2,478
the financial institution. Payment by the auditor of state to a 2,480
recipient of public assistance BENEFITS DISTRIBUTED THROUGH THE 2,481
MEDIUM OF ELECTRONIC BENEFIT TRANSFER pursuant to section 5101.33 2,482
of the Revised Code shall be by electronic benefit transfer. 2,483
Payment by the auditor of state as compensation to an employee of 2,485
the state who has, pursuant to section 124.151 of the Revised 2,486
61
Code, designated a financial institution and account for the 2,487
direct deposit of such payments shall be made by direct deposit 2,488
to the account of the employee. Payment to any other payee who 2,489
has designated a financial institution and account for the direct 2,490
deposit of such payment may be made by direct deposit to the 2,491
account of the payee in the financial institution as provided in 2,492
section 9.37 of the Revised Code. The auditor of state shall 2,493
contract with an authorized financial institution for the 2,494
services necessary to make direct deposits or electronic benefit 2,495
transfers under this division and draw lump sum warrants payable 2,496
to that institution in the amount to be transferred. Accounts 2,497
maintained by the auditor of state or the auditor of state's 2,498
agent in a financial institution for the purpose of effectuating 2,499
payment by direct deposit or electronic benefit transfer shall be 2,500
maintained in accordance with section 135.18 of the Revised Code. 2,501
(C) All other payments from the state treasury shall be 2,503
made by paper warrants OR BY DIRECT DEPOSIT payable to the 2,504
respective payees. The auditor of state may mail the paper 2,506
warrants to the respective payees or distribute them through 2,507
other state agencies, whichever the auditor of state determines 2,508
to be the better procedure.
(D) If the average per transaction cost the auditor of 2,510
state incurs in making direct deposits for a state agency exceeds 2,511
the average per transaction cost the auditor of state incurs in 2,513
drawing paper warrants for all public offices during the same 2,514
period of time, the auditor of state may certify the difference 2,515
in cost and the number of direct deposits for the agency to the 2,517
director of administrative services. The director shall 2,518
reimburse the auditor of state for such additional costs and add 2,519
the amount to the processing charge assessed upon the state 2,520
agency.
Sec. 118.01. As used in this chapter: 2,529
(A) "Advance tax payment notes" means the notes authorized 2,531
by section 118.24 of the Revised Code. 2,532
62
(B) "Appropriation measure" means any appropriation 2,534
measure, amendment of an appropriation measure, or supplement to 2,535
an appropriation measure of a municipal corporation, county, or 2,537
township referred to in sections 5705.38 and 5705.40 of the 2,538
Revised Code and any other action of a municipal corporation, 2,539
county, or township authorizing expenditure of money not 2,540
previously included in any appropriation measure. 2,541
(C) "Bond anticipation notes" means notes issued in 2,543
anticipation of the issuance of bonds. 2,544
(D) "Certificate of estimated resources" means the 2,546
official certificate of estimated resources of the county budget 2,547
commission and amendments of the certificate certified to the 2,548
municipal corporation, county, or township as provided for in 2,550
Chapter 5705. of the Revised Code. 2,551
(E) "Commission" means a financial planning and 2,553
supervision commission created by section 118.05 of the Revised 2,554
Code with respect to a municipal corporation, county, or 2,556
township.
(F) "Construction funds" means proceeds from the sale of 2,558
debt obligations restricted by law or pursuant to the proceedings 2,559
for the issuance of such debt obligations to use for permanent 2,560
improvements as defined in division (E) of section 5705.01 of the 2,561
Revised Code, including acquisition, construction, or extension 2,562
of public utilities, and moneys from any other sources restricted 2,563
to such purpose. 2,564
(G) "County auditor" means the county auditor with whom 2,566
tax budgets of the municipal corporation, county, or township are 2,569
to be filed in accordance with section 5705.30 of the Revised 2,570
Code.
(H) "County budget commission" means the county budget 2,572
commission to which the tax budget of the municipal corporation, 2,574
county, or township is to be submitted in accordance with section 2,575
5705.31 of the Revised Code.
(I) "Current revenue notes" means debt obligations 2,577
63
described in section 133.10 or Chapter 5705. of the Revised Code 2,578
or any other debt obligations issued to obtain funds for current 2,579
operating expenses. 2,580
(J) "Debt limits" means the limitations on net 2,582
indebtedness provided in sections 133.05, 133.07, and 133.09 of 2,584
the Revised Code, and also includes the limitation, known as the 2,585
"indirect debt limit," upon the issuance of unvoted bonds, notes, 2,586
or certificates of indebtedness resulting from the ten-mill 2,587
limitation provided for in section 5705.02 of the Revised Code. 2,588
(K) "Debt obligations" means bonds, notes, certificates of 2,590
indebtedness, bond anticipation notes, current revenue notes, 2,591
local government fund notes, or other obligations issued or 2,592
incurred in borrowing money, or to renew, refund, fund, or 2,593
refinance, or issued in exchange for, such obligations, and any 2,594
interest coupons pertaining thereto other than bonds or other 2,595
obligations issued under authority of Section 13 of Article VIII, 2,596
Ohio Constitution. 2,597
(L) "Default" means failure to pay the principal of or the 2,599
interest on a debt obligation, or failure to make other payment 2,600
to be made to the holder or owner of a debt obligation, in the 2,601
full amount and at the time provided for in the contractual 2,602
commitment with respect thereto, unless the time for such payment 2,603
has been extended by the owner or holder of the debt obligation 2,604
without penalty or premium and without the effect of subjecting 2,605
the municipal corporation, county, or township to the initiation 2,607
of remedies pertaining to such debt obligation or other debt 2,608
obligations.
(M) "Deficit fund" means the general fund or any special 2,610
fund that, as at the time indicated, has a deficit balance or a 2,611
balance that is less than the amount required to be in such fund 2,612
pursuant to law or pursuant to contractual requirements, 2,613
demonstrating that over a period of time expenditures charged or 2,614
chargeable to the fund have exceeded moneys credited to the fund, 2,615
or that moneys credited to the fund have not been in the amounts 2,616
64
required by law or contractual requirements. 2,617
(N) "Effective financial accounting and reporting system" 2,619
means an accounting and reporting system fully in compliance with 2,620
the requirements prescribed by and pursuant to Chapter 117. of 2,621
the Revised Code, with such modifications and supplements as are 2,622
to be provided pursuant to this chapter in order to meet and deal 2,623
with the fiscal emergency, provide to the auditor of state, the 2,624
commission, the financial supervisor, and the county budget 2,625
commission the information needed to carry out their functions, 2,626
and better ensure the implementation of the financial plan. 2,627
(O) "Financial plan" means the financial plan approved by 2,629
the commission in accordance with section 118.06 of the Revised 2,630
Code, as it may from time to time be amended in accordance with 2,631
this chapter. 2,632
(P) "Financial supervisor" means the auditor of state or a 2,635
firm of certified public accountants retained by a financial 2,636
planning and supervision commission pursuant to division (G) of 2,637
section 118.05 of the Revised Code with respect to a municipal 2,638
corporation, county, or township. 2,639
(Q) "Fiscal emergency" means the existence of fiscal 2,641
emergency conditions determined as provided in section 118.04 of 2,642
the Revised Code. 2,643
(R) "Fiscal emergency conditions" means any of the events 2,645
or occurrences described in section 118.03 of the Revised Code. 2,646
(S) "Fiscal emergency period" means the period of time 2,648
commencing on the date when the determination of a fiscal 2,649
emergency is made by the auditor of state pursuant to section 2,650
118.04 of the Revised Code and ending when the determination of 2,651
termination is made and certified pursuant to section 118.27 of 2,652
the Revised Code. 2,653
(T) "Fiscal watch" means the existence of fiscal watch 2,655
conditions as determined in accordance with section 118.022 of 2,656
the Revised Code.
(U) "Fiscal officer" means the fiscal officer of the 2,658
65
municipal corporation, county, or township as defined in division 2,660
(D) of section 5705.01 of the Revised Code. 2,661
(V) "Fringe benefits" means expenditures for goods and 2,663
services furnished to municipal, county, or township officers or 2,664
employees by the municipal corporation, county, or township, 2,666
including, but not limited to, such benefits as food, temporary 2,668
housing, and clothing, and the provision of pension, retirement, 2,669
disability, hospitalization, health care, insurance, or other 2,670
benefits to employees requiring the advance payment of money 2,671
other than directly to employees or other beneficiaries, or the 2,672
deposit or reservation of money for such purpose. 2,673
(W) "General fund" means the fund referred to in division 2,675
(A) of section 5705.09 of the Revised Code. 2,676
(X) "General fund budget" means aggregate revenues 2,678
available in the general fund during the applicable fiscal year 2,679
as shown by the certificate of estimated resources. 2,680
(Y) "Mayor" means the officer of the municipal corporation 2,683
designated as such by law or the chief executive officer under 2,684
the charter of the municipal corporation. 2,685
(Z) "Payroll" means compensation due and payable to 2,687
employees of the municipal corporation, county, or township, 2,689
other than fringe benefits.
(AA) "Revenue estimates" means the estimates of revenue 2,691
receipts to the credit of the general fund and special funds as 2,692
estimated and supplemented, modified, or amended by the municipal 2,694
corporation, county, or township, or the county budget 2,695
commission.
(BB) "Special funds" means any of the funds, other than 2,697
the general fund, referred to in sections 5705.09 and 5705.12 of 2,698
the Revised Code, and includes any fund created from the issuance 2,699
of debt obligations pursuant to Section 3 or 12 of Article XVIII, 2,700
Ohio Constitution, and any fund created in connection with the 2,701
issuance of debt obligations to provide moneys for the payment of 2,702
principal or interest, reserves therefor, or reserves or funds 2,703
66
for repair, maintenance, or improvements. 2,704
(CC) "Tax budget" means the tax budget provided for in 2,706
section 5705.28 of the Revised Code. 2,707
Sec. 118.05. (A) Pursuant to the powers of the general 2,716
assembly and for the purposes of this chapter, upon the 2,717
occurrence of a fiscal emergency in any municipal corporation, 2,719
county, or township, as determined pursuant to section 118.04 of 2,720
the Revised Code, there is established, with respect to that 2,721
municipal corporation, county, or township, a body both corporate 2,723
and politic constituting an agency and instrumentality of the 2,724
state and performing essential governmental functions of the 2,725
state to be known as the "financial planning and supervision
commission for ............... (name of municipal corporation, 2,726
county, or township)," which, in that name, may exercise all 2,728
authority vested in such a commission by this chapter. A 2,729
separate commission is established with respect to each municipal 2,730
corporation, county, or township as to which there is a fiscal 2,731
emergency as determined under this chapter. 2,732
(B) A commission shall consist of the following seven 2,734
voting members:
(1) Four ex officio members: the treasurer of state,; the 2,737
director of budget and management,; in the case of a municipal 2,738
corporation, the mayor of the municipal corporation and the 2,740
presiding officer of the legislative authority of the municipal 2,741
corporation,; in the case of a county, the president of the board 2,742
of county commissioners and the county auditor,; and in the case 2,744
of a township, a member of the board of township trustees and the 2,745
county auditor.
The treasurer of state may designate a deputy treasurer or 2,747
director within the office of the treasurer of state OR ANY OTHER 2,748
APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE OF THE TREASURER OF 2,749
STATE'S OFFICE; the director of budget and management may 2,751
designate an individual within the office of budget and 2,752
management OR ANY OTHER APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE 2,753
67
OF THE OFFICE OF BUDGET AND MANAGEMENT; the mayor may designate a 2,754
responsible official within his THE MAYOR'S office or the fiscal 2,756
officer of the municipal corporation; the presiding officer of 2,758
the legislative authority of the municipal corporation may 2,759
designate any other member of the legislative authority; the 2,761
board of county commissioners may designate any other member of 2,762
the board or the fiscal officer of the county; and the board of 2,763
township trustees may designate any other member of the board or 2,764
the fiscal officer of the township to attend the meetings of the 2,765
commission when the ex officio member making the designation is 2,766
absent or unable for any reason to attend. A designee, when 2,767
present, shall be counted in determining whether a quorum is 2,768
present at any meeting of the commission and may vote and 2,769
participate in all proceedings and actions of the commission. 2,770
The designations shall be in writing, executed by the EX OFFICIO 2,771
member OR ENTITY making the designation, and filed with the 2,773
secretary of the commission. The designations may be changed 2,774
from time to time in like manner, but due regard shall be given 2,775
to the need for continuity.
(2) Three members nominated and appointed as follows: 2,777
The mayor and presiding officer of the legislative 2,779
authority of the municipal corporation, the board of county 2,781
commissioners, or the board of township trustees shall, within
ten days after the determination of the fiscal emergency by the 2,783
auditor of state under section 118.04 of the Revised Code, submit 2,784
in writing to the governor the nomination of five persons agreed 2,785
to by them and meeting the qualifications set forth in this 2,787
division. If the governor is not satisfied that at least three 2,788
of the nominees are well qualified, the governor shall notify the 2,789
mayor and presiding officer, or the board of county 2,791
commissioners, or the board of township trustees to submit in 2,792
writing, within five days, additional nominees agreed upon by 2,793
them, not exceeding three. The governor shall appoint three 2,794
members from all the agreed-upon nominees so submitted or a 2,795
68
lesser number that the governor considers well qualified WITHIN 2,797
THIRTY DAYS AFTER RECEIPT OF THE NOMINATIONS, and shall fill any 2,798
remaining positions on the commission by appointment of any other 2,799
persons meeting the qualifications set forth in this division. 2,800
All appointments by the governor shall be made with the advice 2,801
and consent of the senate. Each of the three appointed members 2,802
shall serve during the life of the commission, subject to removal 2,803
by the governor for misfeasance, nonfeasance, or malfeasance in 2,804
office. In the event of the death, resignation, incapacity, 2,805
removal, or ineligibility to serve of an appointed member, the 2,806
governor, pursuant to the process for original appointment, shall 2,807
appoint a successor. 2,808
Each of the three appointed members shall be an individual: 2,810
(a) Who has knowledge and experience in financial matters, 2,812
financial management, or business organization or operations, 2,813
including at least five years of experience in the private sector 2,814
in the management of business or financial enterprise, or in 2,815
management consulting, public accounting, or other professional 2,816
activity; 2,817
(b) Whose residency, office, or principal place of 2,819
professional or business activity is situated within the 2,820
municipal corporation, county, or township; 2,821
(c) Who has not, at any time during the five years 2,823
preceding the date of appointment, held any elected public 2,824
office. AN 2,825
An appointed member of the commission shall not become a 2,827
candidate for elected public office while serving as a member of 2,828
the commission. 2,829
(C) Immediately after appointment of the initial three 2,831
appointed members of the commission, the governor shall call the 2,832
first meeting of the commission and shall cause written notice of 2,833
the time, date, and place of the first meeting to be given to 2,834
each member of the commission at least forty-eight hours in 2,835
advance of the meeting. 2,836
69
(D) The commission DIRECTOR OF BUDGET AND MANAGEMENT shall 2,838
elect one of its members SERVE as chairperson and another OF THE 2,840
COMMISSION. THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO 2,841
SERVE as vice-chairperson, and may appoint a secretary and any 2,843
other officers, who need not be members of the commission, it 2,844
considers necessary.
(E) The commission may adopt and alter bylaws and rules, 2,846
which shall not be subject to section 111.15 or Chapter 119. of 2,847
the Revised Code, for the conduct of its affairs and for the 2,848
manner, subject to this chapter, in which its powers and 2,849
functions shall be exercised and embodied. 2,850
(F) Five members of the commission constitute a quorum of 2,852
the commission. The affirmative vote of five members of the 2,853
commission is necessary for any action taken by vote of the 2,854
commission. No vacancy in the membership of the commission shall 2,855
impair the rights of a quorum by such vote to exercise all the 2,856
rights and perform all the duties of the commission. Members of 2,857
the commission, and their designees, are not disqualified from 2,858
voting by reason of the functions of the other office they hold 2,859
and are not disqualified from exercising the functions of the 2,860
other office with respect to the municipal corporation, county, 2,862
or township, its officers, or the commission. 2,863
(G) The commission shall retain a AUDITOR OF STATE SHALL 2,865
SERVE AS THE "financial supervisor." TO THE COMMISSION UNLESS THE 2,867
AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. As used in 2,869
this chapter, "financial supervisor" means the auditor of state
or a firm of certified public accountants with demonstrated 2,871
professional competence in matters relating to this chapter, 2,872
engaged by the commission pursuant to a contract approved by the 2,873
controlling board. 2,874
(H) At the request of the commission, the auditor of state 2,876
shall designate employees of the auditor of state's office to 2,878
assist the commission and the financial supervisor and to 2,879
coordinate the work of the auditor of state's office and the 2,880
70
financial supervisor. Upon the determination of a fiscal 2,881
emergency in any municipal corporation, county, or township, the 2,882
municipal corporation, county, or township shall provide the 2,884
commission with such reasonable office space in the principal 2,885
building housing city, county, or township government, where 2,887
feasible, as it determines is necessary to carry out its duties 2,888
under this chapter.
(I) The financial supervisor, the members of the 2,890
commission, the auditor of state, and any person authorized to 2,891
act on behalf of or assist them shall not be personally liable or 2,892
subject to any suit, judgment, or claim for damages resulting 2,893
from the exercise of or failure to exercise the powers, duties, 2,894
and functions granted to them in regard to their functioning 2,895
under this chapter, but the commission, the financial supervisor, 2,896
the auditor of state, and such THOSE other persons shall be 2,897
subject to mandamus proceedings to compel performance of their 2,899
duties under this chapter and with respect to any debt 2,900
obligations issued pursuant or subject to this chapter. 2,901
(J) At the request of the commission, the administrative 2,903
head of any state agency shall temporarily assign personnel 2,904
skilled in accounting and budgeting procedures to assist the 2,905
commission or the financial supervisor in its duties as financial 2,906
supervisor. 2,907
(K) The appointed members of the commission are not 2,909
subject to section 102.02 of the Revised Code. Each appointed 2,910
member of the commission shall file with the commission a signed 2,911
written statement setting forth the general nature of sales of 2,912
goods, property, or services or of loans to the municipal 2,914
corporation, county, or township with respect to which that 2,915
commission is established, in which the appointed member has a 2,917
pecuniary interest or in which any member of the appointed 2,918
member's immediate family, as defined in section 102.01 of the 2,919
Revised Code, or any corporation, partnership, or enterprise of 2,920
which the appointed member is an officer, director, or partner, 2,922
71
or of which the appointed member or a member of the appointed 2,924
member's immediate family, as so defined, owns more than a five 2,925
per cent interest, has a pecuniary interest, and of which sale, 2,926
loan, or interest such member has knowledge. The statement shall 2,927
be supplemented from time to time to reflect changes in the 2,928
general nature of any such sales or loans. 2,929
Sec. 118.08. (A) The members of the financial planning 2,938
and supervision commission shall serve without compensation, but 2,940
shall be paid by the commission their necessary and actual 2,941
expenses incurred while engaged in the business of the
commission. 2,942
(B) All expenses incurred for services rendered by the 2,944
financial supervisor for a period of twenty-four months shall be 2,945
paid by the commission pursuant to an appropriation made by the 2,946
general assembly for this purpose. Expenses incurred for 2,947
services rendered by the financial supervisor beyond this period 2,948
shall be borne by the municipal corporation, county, or township 2,949
unless the director of budget and management waives the costs and 2,951
allows payment in accordance with the following:
(1) If the continued performance of the financial 2,953
supervisor is required for a period of twenty-five to thirty 2,954
months, the municipal corporation, county, or township is 2,955
responsible for twenty per cent of the compensation due. 2,956
(2) If the continued performance of the financial 2,958
supervisor is required for a period of thirty-one to thirty-six 2,959
months, the municipal corporation, county, or township is 2,960
responsible for fifty per cent of the compensation due. 2,961
(3) If the continued performance of the financial 2,963
supervisor is required for a period of thirty-seven months or 2,964
more, the municipal corporation, county, or township is 2,965
responsible for one hundred per cent of the compensation due 2,966
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF THIS SECTION. 2,967
(4) BEGINNING IN FISCAL YEAR 2000, IF THE CONTINUED 2,969
PERFORMANCE OF THE FINANCIAL SUPERVISOR HAS BEEN REQUIRED LONGER 2,970
72
THAN EIGHT YEARS FOR ANY MUNICIPAL CORPORATION, COUNTY, OR 2,971
TOWNSHIP DECLARED TO BE IN A FISCAL EMERGENCY PRIOR TO FISCAL 2,972
YEAR 1996, THAT MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP IS 2,973
RESPONSIBLE FOR FIFTY PER CENT OF THE COMPENSATION DUE IN FISCAL
YEAR 2000 AND ONE HUNDRED PER CENT OF THE COMPENSATION DUE IN 2,974
FISCAL YEAR 2001. 2,975
(C) If the municipal corporation, county, or township 2,978
fails to make any payment to the financial supervisor as required 2,979
by this chapter, the financial supervisor may certify to the 2,980
county auditor the amount due, and that amount shall be withheld 2,981
from the municipal corporation, county, or township from any fund 2,982
or funds in the custody of the county auditor for distribution to 2,983
the municipal corporation, county, or township, except for those 2,984
reserved for payment of local government fund notes. Upon 2,985
receiving such certification from the auditor of state, the 2,986
county auditor shall draw a voucher for the amount against such 2,987
fund or funds in favor of the financial supervisor. 2,988
Sec. 120.04. (A) The state public defender shall serve at 2,997
the pleasure of the Ohio public defender commission and shall be 2,998
an attorney with a minimum of four years of experience in the 2,999
practice of law and be admitted to the practice of law in this 3,000
state at least one year prior to appointment. 3,001
(B) The state public defender shall do all of the 3,003
following:
(1) Maintain a central office in Columbus. The central 3,005
office shall be provided with a library of adequate size, 3,006
considering the needs of the office and the accessibility of 3,007
other libraries, and other necessary facilities and equipment. 3,008
(2) Appoint assistant state public defenders, all of whom 3,010
shall be attorneys admitted to the practice of law in this state, 3,011
and other personnel necessary for the operation of the state 3,012
public defender office. Assistant state public defenders shall 3,013
be appointed on a full-time basis. The state public defender, 3,014
assistant state public defenders, and employees appointed by the 3,015
73
state public defender shall not engage in the private practice of 3,016
law. 3,017
(3) Supervise the compliance of county public defender 3,019
offices, joint county public defender offices, and county 3,020
appointed counsel systems with standards established by rules of 3,021
the Ohio public defender commission pursuant to division (B) of 3,022
section 120.03 of the Revised Code; 3,023
(4) Keep and maintain financial records of all cases 3,025
handled and develop records for use in the calculation of direct 3,026
and indirect costs, in the operation of the office, and report 3,027
periodically, but not less than annually, to the commission on 3,028
all relevant data on the operations of the office, costs, 3,029
projected needs, and recommendations for legislation or 3,030
amendments to court rules, as may be appropriate to improve the 3,031
criminal justice system; 3,032
(5) Collect all moneys due the state for reimbursement for 3,034
legal services under this chapter and under section 2941.51 of 3,035
the Revised Code and institute any actions in court on behalf of 3,037
the state for the collection of such sums that the state public 3,038
defender considers advisable. Except as provided otherwise in 3,039
division (D) of section 120.06 of the Revised Code, all moneys 3,040
collected by the state public defender under this chapter and 3,041
section 2941.51 of the Revised Code shall be deposited in the 3,043
state treasury to the credit of the client payment fund, which is 3,044
hereby created. All moneys credited to the fund shall be used by 3,046
the state public defender to appoint assistant state public 3,047
defenders and to provide other personnel, equipment, and 3,048
facilities necessary for the operation of the state public 3,049
defender office, to reimburse counties for the operation of 3,050
county public defender offices, joint county public defender 3,051
offices, and county appointed counsel systems pursuant to 3,052
sections 120.18, 120.28, and 120.33 of the Revised Code, or to 3,053
provide assistance to counties in the operation of county 3,054
indigent defense systems.
74
(6) With respect to funds appropriated to the commission 3,056
to pay criminal costs, perform the duties imposed by section 3,057
SECTIONS 2949.19 AND 2949.201 of the Revised Code; 3,058
(7) Establish standards and guidelines for the 3,060
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 3,061
2941.51, and 2949.19 of the Revised Code, of counties for the 3,062
operation of county public defender offices, joint county public 3,063
defender offices, and county appointed counsel systems and for 3,064
other costs related to felony prosecutions; 3,065
(8) Establish maximum amounts that the state will 3,067
reimburse the counties pursuant to sections 120.18, 120.28, 3,068
120.33, and 2941.51 of the Revised Code; 3,069
(9) Establish maximum amounts that the state will 3,071
reimburse the counties pursuant to section 120.33 of the Revised 3,072
Code for each specific type of legal service performed by a 3,073
county appointed counsel system; 3,074
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 3,076
and 2949.19 of the Revised Code and make reimbursements pursuant 3,077
to those sections; 3,078
(11) Administer the program established pursuant to 3,080
sections 120.51 to 120.55 of the Revised Code for the charitable 3,081
public purpose of providing financial assistance to legal aid 3,082
societies. Neither the state public defender nor any of the 3,083
state public defender's employees who is responsible in any way 3,085
for the administration of that program and who performs those 3,086
administrative responsibilities in good faith is in any manner 3,088
liable if a legal aid society that is provided financial 3,089
assistance under the program uses the financial assistance other 3,090
than in accordance with sections 120.51 to 120.55 of the Revised 3,091
Code or fails to comply with the requirements of those sections. 3,092
(12) Establish an office for the handling of appeal and 3,094
postconviction matters; 3,095
(13) Provide technical aid and assistance to county public 3,098
defender offices, joint county public defender offices, and other 3,099
75
local counsel providing legal representation to indigent persons, 3,100
including representation and assistance on appeals. 3,101
(C) The state public defender may do any of the following: 3,103
(1) In providing legal representation, conduct 3,105
investigations, obtain expert testimony, take depositions, use 3,106
other discovery methods, order transcripts, and make all other 3,107
preparations which are appropriate and necessary to an adequate 3,108
defense or the prosecution of appeals and other legal 3,109
proceedings; 3,110
(2) Seek, solicit, and apply for grants for the operation 3,112
of programs for the defense of indigent persons from any public 3,113
or private source, and may receive donations, grants, awards, and 3,114
similar funds from any lawful source. Such funds shall be 3,115
deposited in the state treasury to the credit of the public 3,116
defender gifts and grants fund, which is hereby created. 3,117
(3) Make all the necessary arrangements to coordinate the 3,119
services of the office with any federal, county, or private 3,120
programs established to provide legal representation to indigent 3,121
persons and others, and to obtain and provide all funds allowable 3,122
under any such programs; 3,123
(4) Consult and cooperate with professional groups 3,125
concerned with the causes of criminal conduct, the reduction of 3,126
crime, the rehabilitation and correction of persons convicted of 3,127
crime, the administration of criminal justice, and the 3,128
administration and operation of the state public defender's 3,129
office; 3,130
(5) Accept the services of volunteer workers and 3,132
consultants at no compensation other than reimbursement for 3,133
actual and necessary expenses; 3,134
(6) Prescribe any forms that are necessary for the uniform 3,136
operation of this chapter; 3,137
(7) Contract with a county public defender commission or a 3,139
joint county public defender commission to provide all or any 3,140
part of the services that a county public defender or joint 3,141
76
county public defender is required or permitted to provide by 3,142
this chapter, or contract with a board of county commissioners of 3,143
a county that is not served by a county public defender 3,144
commission or a joint county public defender commission for the 3,145
provision of services in accordance with section 120.33 of the 3,146
Revised Code. All money received by the state public defender 3,147
pursuant to such a contract shall be credited to EITHER the 3,148
county representation fund created pursuant to division (D) of 3,149
section 120.06 of the Revised Code MULTI-COUNTY: COUNTY SHARE 3,150
FUND OR, IF RECEIVED AS A RESULT OF A CONTRACT WITH TRUMBULL 3,151
COUNTY, THE TRUMBULL COUNTY: COUNTY SHARE FUND. 3,152
(8) Authorize persons employed as criminal investigators 3,154
to attend the Ohio peace officer training academy or any other 3,155
peace officer training school for training; 3,156
(9) Procure a policy or policies of malpractice insurance 3,158
that provide coverage for the state public defender and assistant 3,159
state public defenders in connection with malpractice claims that 3,160
may arise from their actions or omissions related to 3,161
responsibilities derived pursuant to this chapter. 3,162
(D) No person employed by the state public defender as a 3,164
criminal investigator shall attend the Ohio peace officer 3,165
training academy or any other peace officer training school 3,166
unless authorized to do so by the state public defender. 3,167
Sec. 120.06. (A)(1) The state public defender, when 3,176
designated by the court or requested by a county public defender 3,177
or joint county public defender, may provide legal representation 3,178
in all courts throughout the state to indigent adults and 3,179
juveniles who are charged with the commission of an offense or 3,180
act for which the penalty or any possible adjudication includes 3,181
the potential loss of liberty. 3,182
(2) The state public defender may provide legal 3,184
representation to any indigent person who, while incarcerated in 3,185
any state correctional institution, is charged with a felony 3,186
offense, for which the penalty or any possible adjudication that 3,187
77
may be imposed by a court upon conviction includes the potential 3,188
loss of liberty. 3,189
(3) The state public defender may provide legal 3,191
representation to any person incarcerated in any correctional 3,192
institution of the state, in any matter in which the person 3,193
asserts the person is unlawfully imprisoned or detained. 3,194
(4) The state public defender, in any case in which the 3,196
state public defender has provided legal representation or is 3,197
requested to do so by a county public defender or joint county 3,198
public defender, may provide legal representation on appeal. 3,199
(5) The state public defender, when designated by the 3,201
court or requested by a county public defender, joint county 3,202
public defender, or the director of rehabilitation and 3,203
correction, shall provide legal representation in parole and 3,204
probation revocation matters, unless the state public defender 3,205
finds that the alleged parole or probation violator has the 3,206
financial capacity to retain the alleged violator's own counsel. 3,208
(6) If the state public defender contracts with a county 3,210
public defender commission, a joint county public defender 3,211
commission, or a board of county commissioners for the provision 3,212
of services, under authority of division (C)(7) of section 120.04 3,213
of the Revised Code, the state public defender shall provide 3,214
legal representation in accordance with the contract. 3,215
(B) The state public defender shall not be required to 3,217
prosecute any appeal, postconviction remedy, or other proceeding 3,218
pursuant to division (A)(3), (4), or (5) of this section, unless 3,219
the state public defender first is satisfied that there is 3,220
arguable merit to the proceeding. 3,221
(C) A court may appoint counsel or allow an indigent 3,223
person to select the indigent's own personal counsel to assist 3,224
the state public defender as co-counsel when the interests of 3,225
justice so require. When co-counsel is appointed to assist the 3,226
state public defender, the co-counsel shall receive any 3,227
compensation that the court may approve, not to exceed the 3,228
78
amounts provided for in section 2941.51 of the Revised Code. 3,229
(D) When the state public defender is designated by the 3,231
court or requested by a county public defender or joint county 3,232
public defender to provide legal representation for an indigent 3,233
person in any case, other than pursuant to a contract entered 3,234
into under authority of division (C)(7) of section 120.04 of the 3,235
Revised Code, the state public defender shall send to the county 3,236
in which the case is filed an itemized bill for fifty per cent of 3,237
the actual cost of the representation. The county, upon receipt 3,238
of an itemized bill from the state public defender pursuant to 3,239
this division, shall pay fifty per cent of the actual cost of the 3,240
legal representation as set forth in the itemized bill. There is 3,241
hereby created in the state treasury the county representation 3,242
fund for the deposit of moneys received from counties under this 3,243
division. All moneys credited to the fund shall be used by the 3,244
state public defender to provide legal representation for 3,245
indigent persons when designated by the court or requested by a 3,246
county or joint county public defender. 3,247
(E)(1) Notwithstanding any contrary provision of sections 3,249
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised 3,250
Code that pertains to representation by the attorney general, an 3,251
assistant attorney general, or special counsel of an officer or 3,252
employee, as defined in section 109.36 of the Revised Code, or of 3,253
an entity of state government, the state public defender may 3,254
elect to contract with, and to have the state pay pursuant to 3,255
division (E)(2) of this section for the services of, private 3,256
legal counsel to represent the Ohio public defender commission, 3,257
the state public defender, assistant state public defenders, 3,258
other employees of the commission or the state public defender, 3,259
and attorneys described in division (C) of section 120.41 of the 3,260
Revised Code in a malpractice or other civil action or proceeding 3,261
that arises from alleged actions or omissions related to 3,262
responsibilities derived pursuant to this chapter, or in a civil 3,263
action that is based upon alleged violations of the constitution 3,264
79
or statutes of the United States, including section 1983 of Title 3,265
42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 3,266
1983, as amended, and that arises from alleged actions or 3,267
omissions related to responsibilities derived pursuant to this 3,268
chapter, if the state public defender determines, in good faith, 3,269
that the defendant in the civil action or proceeding did not act 3,270
manifestly outside the scope of the defendant's employment or 3,271
official responsibilities, with malicious purpose, in bad faith, 3,272
or in a wanton or reckless manner. If the state public defender 3,273
elects not to contract pursuant to this division for private 3,274
legal counsel in a civil action or proceeding, then, in 3,275
accordance with sections 109.02, 109.07, 109.361 to 109.366, and 3,276
120.03 of the Revised Code, the attorney general shall represent 3,277
or provide for the representation of the Ohio public defender 3,278
commission, the state public defender, assistant state public 3,279
defenders, other employees of the commission or the state public 3,280
defender, or attorneys described in division (C) of section 3,281
120.41 of the Revised Code in the civil action or proceeding. 3,282
(2)(a) Subject to division (E)(2)(b) of this section, 3,284
payment from the state treasury for the services of private legal 3,285
counsel with whom the state public defender has contracted 3,286
pursuant to division (E)(1) of this section shall be accomplished 3,287
only through the following procedure: 3,288
(i) The private legal counsel shall file with the attorney 3,290
general a copy of the contract; a request for an award of legal 3,291
fees, court costs, and expenses earned or incurred in connection 3,292
with the defense of the Ohio public defender commission, the 3,293
state public defender, an assistant state public defender, an 3,294
employee, or an attorney in a specified civil action or 3,295
proceeding; a written itemization of those fees, costs, and 3,296
expenses, including the signature of the state public defender 3,297
and the state public defender's attestation that the fees, costs, 3,299
and expenses were earned or incurred pursuant to division (E)(1) 3,300
of this section to the best of the state public defender's 3,301
80
knowledge and information; a written statement whether the fees, 3,303
costs, and expenses are for all legal services to be rendered in 3,304
connection with that defense, are only for legal services 3,305
rendered to the date of the request and additional legal services 3,306
likely will have to be provided in connection with that defense, 3,307
or are for the final legal services rendered in connection with 3,308
that defense; a written statement indicating whether the private 3,309
legal counsel previously submitted a request for an award under 3,310
division (E)(2) of this section in connection with that defense 3,311
and, if so, the date and the amount of each award granted; and, 3,312
if the fees, costs, and expenses are for all legal services to be 3,313
rendered in connection with that defense or are for the final 3,314
legal services rendered in connection with that defense, a 3,315
certified copy of any judgment entry in the civil action or 3,316
proceeding or a signed copy of any settlement agreement entered 3,317
into between the parties to the civil action or proceeding. 3,318
(ii) Upon receipt of a request for an award of legal fees, 3,320
court costs, and expenses and the requisite supportive 3,321
documentation described in division (E)(2)(a)(i) of this section, 3,322
the attorney general shall review the request and documentation; 3,323
determine whether any of the limitations specified in division 3,324
(E)(2)(b) of this section apply to the request; and, if an award 3,325
of legal fees, court costs, or expenses is permissible after 3,326
applying the limitations, prepare a document awarding legal fees, 3,327
court costs, or expenses to the private legal counsel. The 3,328
document shall name the private legal counsel as the recipient of 3,329
the award; specify the total amount of the award as determined by 3,330
the attorney general; itemize the portions of the award that 3,331
represent legal fees, court costs, and expenses; specify any 3,332
limitation applied pursuant to division (E)(2)(b) of this section 3,333
to reduce the amount of the award sought by the private legal 3,334
counsel; state that the award is payable from the state treasury 3,335
pursuant to division (E)(2)(a)(iii) of this section; and be 3,336
approved by the inclusion of the signatures of the attorney 3,337
81
general, the state public defender, and the private legal 3,338
counsel. 3,339
(iii) The attorney general shall forward a copy of the 3,341
document prepared pursuant to division (E)(2)(a)(ii) of this 3,342
section to the director of budget and management. The AWARD OF 3,343
LEGAL FEES, COURT COSTS, OR EXPENSES SHALL BE PAID OUT OF THE 3,344
STATE PUBLIC DEFENDER'S APPROPRIATIONS, TO THE EXTENT THERE IS A 3,345
SUFFICIENT AVAILABLE BALANCE IN THOSE APPROPRIATIONS. IF THE 3,346
STATE PUBLIC DEFENDER DOES NOT HAVE A SUFFICIENT AVAILABLE 3,347
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS TO PAY THE
ENTIRE AWARD OF LEGAL FEES, COURT COSTS, OR EXPENSES, THE 3,348
director shall make application for the payment of the award of 3,350
legal fees, court costs, or expenses A TRANSFER OF APPROPRIATIONS 3,351
out of the emergency purposes account or any other appropriation 3,353
for emergencies or contingencies, and payments IN AN AMOUNT EQUAL 3,354
TO THE PORTION OF THE AWARD THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,355
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS. A 3,356
TRANSFER OF APPROPRIATIONS out of that THE EMERGENCY PURPOSES 3,358
account or any other appropriation for emergencies or 3,359
contingencies shall be authorized if there are sufficient moneys 3,360
greater than the sum total of then pending emergency purposes 3,361
account requests, or requests for releases from the other 3,362
appropriation. If sufficient moneys exist in A TRANSFER OF 3,363
APPROPRIATIONS OUT OF the emergency purposes account or other 3,365
appropriation for emergencies or contingencies IS MADE to pay AN 3,366
AMOUNT EQUAL TO THE PORTION OF the award THAT EXCEEDS THE 3,367
SUFFICIENT AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S 3,368
APPROPRIATIONS, the director shall cause THE payment of the award 3,369
to be made to the private legal counsel. If sufficient moneys do 3,371
not exist in the emergency purposes account or other 3,372
appropriation for emergencies or contingencies to pay AN AMOUNT 3,373
EQUAL TO THE PORTION OF the award THAT EXCEEDS THE SUFFICIENT 3,374
AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, 3,375
the private legal counsel shall request the general assembly to 3,376
82
make an appropriation sufficient to pay AN AMOUNT EQUAL TO THE 3,377
PORTION OF the award THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,378
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, and no 3,379
payment IN THAT AMOUNT shall be made until the appropriation has 3,380
been made. The private legal counsel shall make the request 3,381
during the current biennium and during each succeeding biennium 3,382
until a sufficient appropriation is made. 3,383
(b) An award of legal fees, court costs, and expenses 3,385
pursuant to division (E) of this section is subject to the 3,386
following limitations: 3,387
(i) The maximum award or maximum aggregate of a series of 3,389
awards of legal fees, court costs, and expenses to the private 3,390
legal counsel in connection with the defense of the Ohio public 3,391
defender commission, the state public defender, an assistant 3,392
state public defender, an employee, or an attorney in a specified 3,393
civil action or proceeding shall not exceed fifty thousand 3,394
dollars. 3,395
(ii) The private legal counsel shall not be awarded legal 3,397
fees, court costs, or expenses to the extent the fees, costs, or 3,398
expenses are covered by a policy of malpractice or other 3,399
insurance. 3,400
(iii) The private legal counsel shall be awarded legal 3,402
fees and expenses only to the extent that the fees and expenses 3,403
are reasonable in light of the legal services rendered by the 3,404
private legal counsel in connection with the defense of the Ohio 3,405
public defender commission, the state public defender, an 3,406
assistant state public defender, an employee, or an attorney in a 3,407
specified civil action or proceeding. 3,408
(c) If, pursuant to division (E)(2)(a) of this section, 3,410
the attorney general denies a request for an award of legal fees, 3,411
court costs, or expenses to private legal counsel because of the 3,412
application of a limitation specified in division (E)(2)(b) of 3,413
this section, the attorney general shall notify the private legal 3,415
counsel in writing of the denial and of the limitation applied.
83
(d) If, pursuant to division (E)(2)(c) of this section, a 3,417
private legal counsel receives a denial of an award notification 3,418
or if a private legal counsel refuses to approve a document under 3,419
division (E)(2)(a)(ii) of this section because of the proposed 3,420
application of a limitation specified in division (E)(2)(b) of 3,421
this section, the private legal counsel may commence a civil 3,422
action against the attorney general in the court of claims to 3,423
prove the private legal counsel's entitlement to the award 3,424
sought, to prove that division (E)(2)(b) of this section does not 3,426
prohibit or otherwise limit the award sought, and to recover a 3,427
judgment for the amount of the award sought. A civil action 3,428
under division (E)(2)(d) of this section shall be commenced no 3,429
later than two years after receipt of a denial of award 3,430
notification or, if the private legal counsel refused to approve 3,431
a document under division (E)(2)(a)(ii) of this section because 3,432
of the proposed application of a limitation specified in division 3,433
(E)(2)(b) of this section, no later than two years after the 3,434
refusal. Any judgment of the court of claims in favor of the 3,435
private legal counsel shall be paid from the state treasury in 3,436
accordance with division (E)(2)(a) of this section. 3,437
(F) If a court appoints the office of the state public 3,440
defender to represent a petitioner in a postconviction relief 3,441
proceeding under section 2953.21 of the Revised Code, the 3,442
petitioner has received a sentence of death, and the proceeding 3,443
relates to that sentence, all of the attorneys who represent the 3,444
petitioner in the proceeding pursuant to the appointment, whether 3,445
an assistant state public defender, the state public defender, or 3,446
another attorney, shall be certified under Rule 65 of the Rules 3,447
of Superintendence for Common Pleas Courts to represent indigent 3,449
defendants charged with or convicted of an offense for which the 3,450
death penalty can be or has been imposed.
Sec. 120.18. (A) The county public defender commission's 3,459
report to the board of county commissioners shall be audited by 3,460
the county auditor. The board of county commissioners, after 3,461
84
review and approval of the audited report, may then certify it to 3,462
the state public defender for reimbursement. If a request for 3,463
the reimbursement of any operating expenditure incurred by a 3,464
county public defender office is not received by the state public 3,465
defender within sixty days after the end of the calendar month in 3,466
which the expenditure is incurred, the state public defender 3,467
shall not pay the requested reimbursement, unless the county has 3,468
requested, and the state public defender has granted, an 3,469
extension of the sixty-day time limit. Each request for 3,470
reimbursement shall include a certification by the county public 3,471
defender that the persons provided representation by the county 3,472
public defender's office during the period covered by the report 3,473
were indigent AND, FOR EACH PERSON PROVIDED REPRESENTATION DURING 3,474
THAT PERIOD, A FINANCIAL DISCLOSURE FORM COMPLETED BY THE PERSON 3,475
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 3,476
public defender shall also review the report and, in accordance 3,478
with the standards, guidelines, and maximums established pursuant 3,479
to divisions (B)(7) and (8) of section 120.04 of the Revised 3,480
Code, prepare a voucher for fifty per cent of the total cost of 3,481
each county public defender's office for the period of time 3,482
covered by the certified report and a voucher for fifty per cent 3,483
of the costs and expenses that are reimbursable under section 3,484
120.35 of the Revised Code, if any, or, if the amount of money 3,485
appropriated by the general assembly to reimburse counties for 3,486
the operation of county public defender offices, joint county 3,487
public defender offices, and county appointed counsel systems is 3,488
not sufficient to pay fifty per cent of the total cost of all of 3,489
the offices and systems, for the lesser amount required by 3,490
section 120.34 of the Revised Code. For the purposes of this 3,491
section, "total cost" means total expenses minus costs and 3,492
expenses reimbursable under section 120.35 of the Revised Code 3,493
and any funds received by the county public defender commission 3,494
pursuant to a contract, except a contract entered into with a 3,495
municipal corporation pursuant to division (E) of section 120.14 3,496
85
of the Revised Code, gift, or grant. 3,497
(B) If the county public defender fails to maintain the 3,499
standards for the conduct of the office established by rules of 3,500
the Ohio public defender commission pursuant to divisions (B) and 3,501
(C) of section 120.03 or the standards established by the state 3,502
public defender pursuant to division (B)(7) of section 120.04 of 3,503
the Revised Code, the Ohio public defender commission shall 3,504
notify the county public defender commission and the board of 3,505
county commissioners of the county that the county public 3,506
defender has failed to comply with its rules or the standards of 3,507
the state public defender. Unless the county public defender 3,508
commission or the county public defender corrects the conduct of 3,509
his THE COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,510
and standards within ninety days after the date of the notice, 3,512
the state public defender may deny payment of all or part of the 3,513
county's reimbursement from the state provided for in division 3,514
(A) of this section. 3,515
Sec. 120.28. (A) The joint county public defender 3,525
commission's report to the joint board of county commissioners 3,526
shall be audited by the fiscal officer of the district. The 3,527
joint board of county commissioners, after review and approval of 3,528
the audited report, may then certify it to the state public 3,529
defender for reimbursement. If a request for the reimbursement 3,530
of any operating expenditure incurred by a joint county public 3,531
defender office is not received by the state public defender 3,532
within sixty days after the end of the calendar month in which 3,533
the expenditure is incurred, the state public defender shall not 3,534
pay the requested reimbursement, unless the joint board of county 3,535
commissioners has requested, and the state public defender has 3,536
granted, an extension of the sixty-day time limit. Each request 3,537
for reimbursement shall include a certification by the joint 3,538
county public defender that all persons provided representation 3,539
by the joint county public defender's office during the period 3,540
covered by the request were indigent AND, FOR EACH PERSON 3,541
86
PROVIDED REPRESENTATION DURING THAT PERIOD, A FINANCIAL 3,542
DISCLOSURE FORM COMPLETED BY THE PERSON ON A FORM PRESCRIBED BY 3,543
THE STATE PUBLIC DEFENDER. The state public defender shall also 3,545
review the report and, in accordance with the standards, 3,546
guidelines, and maximums established pursuant to divisions (B)(7) 3,547
and (8) of section 120.04 of the Revised Code, prepare a voucher 3,548
for fifty per cent of the total cost of each joint county public 3,549
defender's office for the period of time covered by the certified 3,550
report and a voucher for fifty per cent of the costs and expenses 3,551
that are reimbursable under section 120.35 of the Revised Code, 3,552
if any, or, if the amount of money appropriated by the general 3,553
assembly to reimburse counties for the operation of county public 3,554
defender offices, joint county public defender offices, and 3,555
county appointed counsel systems is not sufficient to pay fifty 3,556
per cent of the total cost of all of the offices and systems, for 3,557
the lesser amount required by section 120.34 of the Revised Code. 3,558
For purposes of this section, "total cost" means total expenses 3,559
minus costs and expenses reimbursable under section 120.35 of the 3,560
Revised Code and any funds received by the joint county public 3,561
defender commission pursuant to a contract, except a contract 3,562
entered into with a municipal corporation pursuant to division 3,563
(E) of section 120.24 of the Revised Code, gift, or grant. Each 3,564
county in the district shall be entitled to a share of such state 3,565
reimbursement in proportion to the percentage of the total cost 3,566
it has agreed to pay. 3,567
(B) If the joint county public defender fails to maintain 3,569
the standards for the conduct of the office established by the 3,570
rules of the Ohio public defender commission pursuant to 3,571
divisions (B) and (C) of section 120.03 or the standards 3,572
established by the state public defender pursuant to division 3,573
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,574
defender commission shall notify the joint county public defender 3,575
commission and the board of county commissioners of each county 3,576
in the district that the joint county public defender has failed 3,577
87
to comply with its rules or the standards of the state public 3,578
defender. Unless the joint public defender commission or the 3,579
joint county public defender corrects the conduct of his THE 3,580
JOINT COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,582
and standards within ninety days after the date of the notice, 3,583
the state public defender may deny all or part of the counties' 3,584
reimbursement from the state provided for in division (A) of this 3,585
section.
Sec. 120.33. (A) In lieu of using a county public 3,595
defender or joint county public defender to represent indigent 3,596
persons in the proceedings set forth in division (A) of section 3,597
120.16 of the Revised Code, the board of county commissioners of 3,598
any county may adopt a resolution to pay counsel who are either 3,599
personally selected by the indigent person or appointed by the 3,600
court. The resolution shall include those provisions the board 3,601
of county commissioners considers necessary to provide effective 3,602
representation of indigent persons in any proceeding for which 3,603
counsel is provided under this section. The resolution shall 3,604
include provisions for contracts with any municipal corporation 3,605
under which the municipal corporation shall reimburse the county 3,606
for counsel appointed to represent indigent persons charged with 3,607
violations of the ordinances of the municipal corporation. 3,608
(1) In a county that adopts a resolution to pay counsel, 3,610
an indigent person shall have the right to do either of the 3,611
following: 3,612
(a) To select the person's own personal counsel to 3,614
represent the person in any proceeding included within the 3,615
provisions of the resolution;
(b) To request the court to appoint counsel to represent 3,617
the person in such a proceeding. 3,618
(2) The court having jurisdiction over the proceeding in a 3,620
county that adopts a resolution to pay counsel shall, after 3,621
determining that the person is indigent and entitled to legal 3,622
representation under this section, do either of the following: 3,623
88
(a) By signed journal entry recorded on its docket, enter 3,625
the name of the lawyer selected by the indigent person as counsel 3,626
of record; 3,627
(b) Appoint counsel for the indigent person if the person 3,629
has requested the court to appoint counsel and, by signed journal 3,630
entry recorded on its dockets, enter the name of the lawyer 3,631
appointed for the indigent person as counsel of record. 3,632
(3) The board of county commissioners shall establish a 3,634
schedule of fees by case or on an hourly basis to be paid to 3,635
counsel for legal services provided pursuant to a resolution 3,636
adopted under this section. Prior to establishing the schedule, 3,637
the board of county commissioners shall request the bar 3,638
association or associations of the county to submit a proposed 3,639
schedule. The schedule submitted shall be subject to the review, 3,640
amendment, and approval of the board of county commissioners. 3,641
(4) Counsel selected by the indigent person or appointed 3,643
by the court at the request of an indigent person in a county 3,644
that adopts a resolution to pay counsel, except for counsel 3,645
appointed to represent a person charged with any violation of an 3,646
ordinance of a municipal corporation that has not contracted with 3,647
the county commissioners for the payment of appointed counsel, 3,648
shall be paid by the county and shall receive the compensation 3,649
and expenses the court approves. Each request for payment shall 3,650
be accompanied by A FINANCIAL DISCLOSURE FORM AND an affidavit of 3,651
indigency THAT ARE completed by the indigent person on forms 3,653
prescribed by the state public defender. Compensation and 3,654
expenses shall not exceed the amounts fixed by the board of 3,655
county commissioners in the schedule adopted pursuant to division 3,656
(A)(3) of this section. No court shall approve compensation and 3,657
expenses that exceed the amount fixed pursuant to division (A)(3) 3,658
of this section.
The fees and expenses approved by the court shall not be 3,660
taxed as part of the costs and shall be paid by the county. 3,661
However, if the person represented has, or may reasonably be 3,662
89
expected to have, the means to meet some part of the cost of the 3,663
services rendered to the person, the person shall pay the county 3,665
an amount that the person reasonably can be expected to pay. 3,666
Pursuant to section 120.04 of the Revised Code, the county shall 3,667
pay to the state public defender a percentage of the payment 3,669
received from the person in an amount proportionate to the 3,671
percentage of the costs of the person's case that were paid to 3,672
the county by the state public defender pursuant to this section. 3,673
The money paid to the state public defender shall be credited to 3,674
the client payment fund created pursuant to division (B)(5) of 3,676
section 120.04 of the Revised Code. 3,677
The county auditor shall draw a warrant on the county 3,679
treasurer for the payment of counsel in the amount fixed by the 3,680
court, plus the expenses the court fixes and certifies to the 3,681
auditor. The county auditor shall report periodically, but not 3,682
less than annually, to the board of county commissioners and to 3,683
the Ohio public defender commission the amounts paid out pursuant 3,684
to the approval of the court. The board of county commissioners, 3,685
after review and approval of the auditor's report, may then 3,686
certify it to the state public defender for reimbursement. If a 3,687
request for reimbursement is not accompanied by A FINANCIAL 3,688
DISCLOSURE FORM AND an affidavit of indigency completed by the 3,690
indigent person on forms prescribed by the state public defender, 3,691
the state public defender shall not pay the requested 3,692
reimbursement. If a request for the reimbursement of the cost of 3,693
counsel in any case is not received by the state public defender 3,694
within ninety days after the end of the calendar month in which 3,695
the case is finally disposed of by the court, unless the county 3,696
has requested and the state public defender has granted an 3,697
extension of the ninety-day limit, the state public defender 3,698
shall not pay the requested reimbursement. The state public 3,699
defender shall also review the report and, in accordance with the 3,700
standards, guidelines, and maximums established pursuant to 3,701
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 3,702
90
prepare a voucher for fifty per cent of the total cost of each 3,703
county appointed counsel system in the period of time covered by 3,704
the certified report and a voucher for fifty per cent of the 3,705
costs and expenses that are reimbursable under section 120.35 of 3,706
the Revised Code, if any, or, if the amount of money appropriated 3,707
by the general assembly to reimburse counties for the operation 3,708
of county public defender offices, joint county public defender 3,709
offices, and county appointed counsel systems is not sufficient 3,710
to pay fifty per cent of the total cost of all of the offices and 3,711
systems other than costs and expenses that are reimbursable under 3,712
section 120.35 of the Revised Code, for the lesser amount 3,713
required by section 120.34 of the Revised Code. 3,714
(5) If any county appointed counsel system fails to 3,716
maintain the standards for the conduct of the system established 3,717
by the rules of the Ohio public defender commission pursuant to 3,718
divisions (B) and (C) of section 120.03 or the standards 3,719
established by the state public defender pursuant to division 3,720
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,721
defender commission shall notify the board of county 3,722
commissioners of the county that the county appointed counsel 3,723
system has failed to comply with its rules or the standards of 3,724
the state public defender. Unless the board of county 3,725
commissioners corrects the conduct of its appointed counsel 3,726
system to comply with the rules and standards within ninety days 3,727
after the date of the notice, the state public defender may deny 3,728
all or part of the county's reimbursement from the state provided 3,730
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 3,732
county public defender to represent indigent persons in the 3,733
proceedings set forth in division (A) of section 120.16 of the 3,734
Revised Code, and in lieu of adopting the resolution and 3,735
following the procedure described in division (A) of this 3,736
section, the board of county commissioners of any county may 3,737
contract with the state public defender for the state public 3,738
91
defender's legal representation of indigent persons. A contract 3,740
entered into pursuant to this division may provide for payment 3,741
for the services provided on a per case, hourly, or fixed 3,742
contract basis.
(C) If a court appoints an attorney pursuant to this 3,744
section to represent a petitioner in a postconviction relief 3,745
proceeding under section 2953.21 of the Revised Code, the 3,746
petitioner has received a sentence of death, and the proceeding 3,747
relates to that sentence, the attorney who represents the 3,748
petitioner in the proceeding pursuant to the appointment shall be 3,749
certified under Rule 65 of the Rules of Superintendence for 3,750
Common Pleas Courts to represent indigent defendants charged with 3,752
or convicted of an offense for which the death penalty can be or 3,753
has been imposed.
Sec. 121.05. Except as otherwise provided in this section, 3,762
in each department, there shall be an assistant director 3,763
designated by the director of that department. In the department 3,764
of health, there shall be two assistant directors, each of whom 3,765
shall be designated by the director of health. In the department 3,767
of transportation, there shall be an assistant director for 3,768
business management, an assistant director for field operations, 3,769
and an assistant director for transportation policy, each of whom 3,771
shall be designated by the director of transportation. In the
department of insurance, the deputy superintendent of insurance 3,773
shall be the assistant director. In the department of
administrative services, there shall be two assistant directors, 3,774
each of whom shall be designated by the director of 3,775
administrative services. In the department of commerce, there 3,776
shall be two assistant directors, each of whom shall be 3,777
designated by the director of commerce. IN THE DEPARTMENT OF 3,778
HUMAN SERVICES, THERE MAY BE UP TO TWO ASSISTANT DIRECTORS, EACH 3,779
OF WHOM SHALL BE DESIGNATED BY THE DIRECTOR OF HUMAN SERVICES. 3,780
In each department, the assistant director shall act as director 3,781
in the absence or disability of the director and also shall act 3,782
92
as director when the position of director is vacant, except that 3,783
in the department of transportation, the department of health, 3,784
the department of commerce, and the department of administrative 3,785
services, AND THE DEPARTMENT OF HUMAN SERVICES, the director 3,787
shall designate which assistant director shall act as director in 3,788
the director's absence.
A director may designate any of the director's assistant 3,790
directors or a deputy director to serve in the director's place 3,791
as a member of any board, committee, authority, or commission of 3,793
which the director is, by law, a member. The designee, when 3,794
present, shall be counted in determining whether a quorum is 3,795
present at any meeting. The designee may vote and participate in 3,797
all proceedings and actions of the board, committee, authority, 3,798
or commission, provided that the designee shall not execute or 3,799
cause a facsimile of the designee's signature to be placed on any 3,801
obligation, or execute any trust agreement or indenture. Such 3,802
THE designation shall be in writing, executed by the designating 3,804
director, filed with the secretary of the board, committee, 3,805
authority, or commission, and shall be in effect until withdrawn 3,806
or superseded by a new designation.
Sec. 121.24. (A) As used in this section: 3,816
(1) "Agency" means any agency as defined in division 3,818
(A)(2) of section 111.15 or division (A) of section 119.01 of the 3,819
Revised Code. 3,820
(2) "Employee" means a person who is employed by a small 3,822
business or small organization for at least one thousand eight 3,823
hundred hours per year. 3,824
(3) A rule is "filed in final form" when it is filed with 3,826
the secretary of state, the director of the legislative service 3,827
commission, and the joint committee on agency rule review under 3,828
division (B)(1) of section 111.15, division (A)(1) of section 3,829
119.04, division (B)(1) of section 4141.14, or division (A) of 3,830
section 5703.14 of the Revised Code. 3,831
(4) "History trail" means the supplementary information 3,833
93
required to be provided on each copy of a proposed rule, which 3,834
information is not part of the text of the rule, and sets forth 3,835
the statute prescribing the procedure in accordance with which 3,836
the proposed rule is required to be adopted, the statute that 3,837
authorizes the agency to adopt the proposed rule, the statute 3,838
that the agency intends to amplify or implement by adopting the 3,839
proposed rule, the effective dates of any previous versions of 3,840
the rule that is the subject of the proposal, and other similar 3,841
information as prescribed in rules of the legislative service 3,842
commission. 3,843
(5) "Individual" means any individual who is affected by a 3,845
rule in the individual's capacity as an officer or employee of a 3,847
small business or small organization. 3,848
(6) "Rule summary and fiscal analysis" means a rule 3,850
summary and fiscal analysis of a proposed rule that provides the 3,851
information required by division (B) of section 127.18 of the 3,852
Revised Code, and that has been prepared in the form prescribed 3,853
by the joint committee on agency rule review under division (E) 3,854
of that section. 3,855
(7) "Rate" means any rate, classification, fare, toll, 3,857
rental, or charge of a public utility. 3,858
(8) "Rule" means any rule, regulation, or standard having 3,860
a general and uniform operation, including any appendix thereto, 3,861
that is adopted, promulgated, and enforced by an agency under the 3,862
authority of the laws governing the agency. "Rule" includes the 3,863
adoption of a new rule or the amendment or rescission of an 3,864
existing rule. "Rule" does not include any of the following: 3,865
(a) A rule proposed under section 1121.05, 1121.06, 3,867
1155.18, or 1163.22 of the Revised Code; 3,868
(b) A rule governing the internal management of an agency 3,870
that does not affect private rights; 3,871
(c) A rule authorized by law to be issued as a temporary 3,873
written order; 3,874
(d) Except as otherwise provided in division (A)(8)(d) of 3,876
94
this section, a rule or order, whether of a quasi-legislative or 3,877
quasi-judicial nature, proposed by the public utilities 3,878
commission. Any rule or order, whether of a quasi-legislative or 3,879
quasi-judicial nature, proposed by the public utilities 3,880
commission that determines a rate of a public utility to be just 3,881
and reasonable is a "rule" for purposes of this section, unless 3,882
the rule or order contains findings that the public utility, in 3,883
applying for approval of the rate under section 4909.18 of the 3,884
Revised Code, stated facts and grounds sufficient for the 3,885
commission to determine that the proposed rate was just and 3,886
reasonable. 3,887
(e) A proposed rule, the adoption of which is mandated by 3,889
a federal law or rule, and which must be adopted substantially as 3,890
prescribed by federal law or rule, to become effective within one 3,891
hundred twenty days of adoption, so long as the history trail of 3,892
the proposed rule contains a statement that it is proposed for 3,893
the purpose of complying with a federal law or rule and a 3,894
citation to the federal law or rule that mandates substantial 3,895
compliance; 3,896
(9) "Small business" means an independently owned and 3,898
operated business having fewer than four hundred employees. 3,899
(10) "Small organization" means an unincorporated 3,901
association, sheltered workshop, or nonprofit enterprise having 3,902
fewer than four hundred employees. This definition is not 3,903
limited to the types of small organizations expressly mentioned, 3,904
and includes all other types of small organizations, so long as 3,905
such organizations have fewer than four hundred employees. 3,906
(B) If an agency intends to adopt a rule, and reasonably 3,908
believes that the proposed rule, if adopted, will be likely to 3,909
affect individuals, small businesses, or small organizations, the 3,910
agency shall comply with the following procedure in adopting the 3,911
rule, in addition to any other procedure required by section 3,912
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 3,913
5117.02 of the Revised Code or any other statute of this state: 3,915
95
(1) The agency shall prepare a complete and accurate rule 3,917
summary and fiscal analysis of the original version of the 3,918
proposed rule. 3,919
(2) After complying with division (B)(1) of this section, 3,921
and at least sixty days before the agency files the proposed rule 3,922
in final form, the agency shall file with the office of small 3,923
business, one copy of the full text of the original version of 3,924
the proposed rule and one copy of the rule summary and fiscal 3,925
analysis of such proposed rule. 3,926
(3) During a period commencing on the date the original 3,928
version of the proposed rule is filed pursuant to division (B)(2) 3,929
of this section and ending forty days thereafter: 3,930
(a) The chairperson of the standing committee of the 3,932
senate or house of representatives having jurisdiction over 3,934
individuals, small businesses, or small organizations, or any 3,935
other person having an interest in the proposed rule, may submit 3,936
written comments to the agency, to the joint committee on agency 3,937
rule review, or to both, concerning the expected effect of the 3,938
proposed rule, if adopted, upon individuals, small businesses, 3,939
and small organizations. The agency and joint committee shall 3,940
accept all such timely submitted written comments. 3,941
(b) The chairperson of the standing committee of the 3,943
senate or house of representatives having jurisdiction over 3,945
individuals, small businesses, or small organizations may request 3,946
the agency to appear before the committee and testify, answer 3,947
questions asked by members of the committee, and produce 3,948
information in the possession of the agency as requested by the 3,949
committee, concerning the expected effect of the proposed rule, 3,950
if adopted, upon individuals, small businesses, or small 3,951
organizations. Upon receipt of a request from the chairperson of 3,953
the appropriate standing committee of the senate or house of 3,954
representatives under division (B)(3)(b) of this section, the 3,955
agency shall designate an officer or employee of the agency to 3,956
appear before the committee, and shall otherwise comply with the 3,957
96
request, in the manner directed by the request. 3,958
(4) The agency shall not proceed to file the proposed rule 3,960
in final form until it has considered any written comments timely 3,961
submitted to it under division (B)(3)(a) of this section, has 3,962
identified the issues raised by the comments, has assessed the 3,963
proposed rule in light of the issues raised by the comments, and 3,964
has made such revisions in the proposed rule as it considers 3,965
advisable in light of its assessment. 3,966
An agency is not required to put any revised version of a 3,968
proposed rule through the procedure of divisions (B)(1) to (4) of 3,969
this section. 3,970
(C) Any original version of a proposed rule, rule summary 3,972
and fiscal analysis, or written comment filed or submitted under 3,973
division (B) of this section shall be preserved by the agency 3,974
with which it is filed or to which it is submitted, and is a 3,975
public record open to public inspection. 3,976
(D) Each agency shall prepare a plan that provides for the 3,978
periodic review, at least once every five years, of each rule of 3,979
the agency that is not otherwise subject to review under section 3,980
119.032 of the Revised Code and that affects individuals, small 3,981
businesses, or small organizations. The purpose of each periodic 3,982
review shall be to determine whether the rule that is being 3,983
reviewed should be continued without change or amended or 3,984
rescinded, consistent with the purpose, scope, and intent of the 3,985
applicable statute authorizing adoption of the rule, so as to 3,986
minimize the economic impact of the rule upon individuals, small 3,987
businesses, or small organizations. Accordingly, in making each 3,988
periodic review of a rule, the agency shall consider the 3,989
continued need for the rule, the nature of any written complaints 3,990
or comments that the agency has received with regard to the rule, 3,991
the extent to which the rule duplicates, overlaps, or conflicts 3,992
with other currently effective rules, and the degree to which 3,993
technology, economic conditions, and other relevant factors have 3,994
changed in the area affected by the rule. 3,995
97
Each agency shall annually report to the governor and 3,997
general assembly, with regard to each of its rules that have been 3,998
reviewed under this division during the preceding calendar year, 3,999
the title and administrative code rule number of the rule, a 4,000
brief summary of the content and operation of the rule, and a 4,001
brief summary of the results of the review. If the agency is 4,002
otherwise required to make an annual report to the governor and 4,003
general assembly, the agency shall report this information in an 4,004
appropriately designated section of its annual report. If, 4,005
however, the agency is not otherwise required to make an annual 4,006
report to the governor and general assembly, the agency, on or 4,007
before the first day of February, shall report this information 4,008
in a separate report to the governor and general assembly. In 4,009
addition to the submissions required by section 101.68 of the 4,010
Revised Code, and in addition to any requirement of that section 4,011
to submit notice of the availability of a report instead of 4,012
copies of the report, the agency shall submit copies of its 4,013
annual or separate report, which provides the information 4,014
required by this division, to the chairpersons of the standing 4,016
committees of the senate and house of representatives having 4,017
jurisdiction over individuals, small businesses, and small 4,018
organizations. 4,019
Each agency having rules in effect on the effective date of 4,021
this section JANUARY 1, 1985, that affect individuals, small 4,023
businesses, or small organizations shall divide those rules into 4,024
groups, so that at least one-fifth of those rules are reviewed 4,025
during each year of a five-year period commencing on the 4,026
effective date of this section JANUARY 1, 1985. A rule that is 4,027
newly adopted after the effective date of this section JANUARY 1, 4,029
1985, shall be reviewed five years after its effective date. 4,032
When a rule has once been reviewed, it shall thereafter be
reviewed again at five-year intervals. 4,033
(E) Each agency shall designate an individual or office 4,035
within the agency to be responsible for complying with this 4,036
98
division. Each individual or office that has been so designated 4,037
shall, within ten days after receiving a request therefor from 4,038
any person: 4,039
(1) Provide the person with copies of any rule proposed by 4,041
the agency that would affect individuals, small businesses, or 4,042
small organizations; 4,043
(2) Provide the person with copies of the rule summary and 4,045
fiscal analysis of any rule proposed by the agency that would 4,046
affect individuals, small businesses, or small organizations; or 4,047
(3) Find, collate, and make available to the person any 4,049
information in the possession of the agency regarding a rule 4,050
proposed by the agency, which information would be of interest to 4,051
individuals, small businesses, or small organizations. 4,052
The agency shall inform the office of small business in 4,054
writing of the name, address, and telephone number of each 4,055
individual or office designated under this division. The agency 4,056
shall promptly inform the office of small business in writing of 4,057
any change in the information thus provided. 4,058
(F) Division (B) of this section does not apply to any 4,060
emergency rule adopted under division (B)(2) of section 111.15 or 4,061
division (F) of section 119.03 of the Revised Code, except that 4,062
the emergency rule becomes subject to such division when it is 4,063
adopted pursuant to the procedure of section 111.15 or 119.03 of 4,064
the Revised Code for the adoption of rules not of an emergency 4,065
nature. 4,066
(G) The department of taxation shall provide a copy of the 4,068
full text of any rule proposed by the department that may affect 4,069
any business to the office of small business, and the department 4,070
shall designate an office within the agency responsible for 4,071
providing a copy of any such rule within ten days of receiving a 4,072
request from any person. 4,073
Sec. 121.371. There is hereby created the wellness block 4,082
grant program. The Ohio family and children first cabinet 4,084
council shall oversee the program, and the children's trust fund 4,085
99
board, created by section 3109.15 of the Revised Code, shall 4,086
serve as the program's administrative agent. The board and the 4,087
cabinet council shall establish guidelines for operating the 4,088
wellness block grant program. A REPRESENTATIVE OF THE FAMILY AND 4,089
CHILDREN FIRST CABINET COUNCIL AND THE CHAIRPERSON OF THE 4,090
CHILDREN'S TRUST FUND BOARD SHALL RESOLVE ANY DISAGREEMENTS 4,091
CONCERNING THE DUTIES OF THE COUNCIL AND THE BOARD UNDER THIS
SECTION. 4,092
The children's trust fund board may accept gifts, 4,094
donations, grants, or other moneys for the wellness block grant 4,095
program from any source. The board shall use the funds received 4,096
to make block grants to county family and children first 4,097
councils. The amount to be granted to each county council shall 4,098
be determined by the board and the cabinet council. To cover 4,099
administrative expenses, the board may use in each state fiscal 4,100
year an amount not to exceed one per cent of the total amount 4,101
available for the program in that year. 4,102
County councils shall use the funds they receive through 4,104
wellness block grants to fund community-based programs of 4,105
prevention services that address issues of broad social concern, 4,106
as determined by the cabinet council and the board, and to fund 4,107
state-directed training, evaluation, and education programs 4,108
pertaining to the issues being addressed. Each county council 4,109
shall submit to the board a program and fiscal plan that outlines 4,111
its proposal for expenditure of its block grant AND SHALL, AFTER 4,112
CONSULTING WITH THE BOARD OF COUNTY COMMISSIONERS, DESIGNATE A 4,113
FISCAL AGENT TO RECEIVE THE BLOCK GRANT.
As requested by the board on behalf of the cabinet council, 4,116
each county council shall submit program and fiscal accountings 4,117
regarding the use of its block grant. The board and the cabinet 4,118
council shall establish criteria for assessing a county council's 4,119
progress in achieving the goals of the wellness block grant 4,120
program. If a county council does not operate in accordance with 4,121
the program guidelines and criteria established by the board and 4,122
100
the cabinet council, the board and the cabinet council may revise 4,123
the allocation of funds that the county council receives. 4,124
The board shall prepare an annual report detailing the 4,126
results of the program. The report shall be submitted to the 4,127
governor, the president AND MINORITY LEADER of the senate, and 4,128
the speaker AND MINORITY LEADER of the house of representatives. 4,130
Sec. 121.481. THE SPECIAL INVESTIGATIONS FUND IS HEREBY 4,132
CREATED IN THE STATE TREASURY FOR THE PURPOSE OF PAYING COSTS OF 4,133
INVESTIGATIONS CONDUCTED BY THE INSPECTOR GENERAL. IN RESPONSE 4,134
TO REQUESTS FROM THE INSPECTOR GENERAL, THE CONTROLLING BOARD MAY 4,135
MAKE TRANSFERS TO THE FUND FROM THE EMERGENCY PURPOSES 4,136
APPROPRIATION OF THE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS: 4,137
(A) THE INSPECTOR GENERAL SHALL NOT REQUEST A TRANSFER 4,139
THAT WOULD CAUSE THE UNOBLIGATED, UNENCUMBERED BALANCE IN THE 4,140
FUND TO EXCEED ONE HUNDRED THOUSAND DOLLARS AT ANY ONE TIME; 4,141
(B) IN REQUESTING A TRANSFER, THE INSPECTOR GENERAL SHALL 4,143
NOT DISCLOSE ANY INFORMATION THAT WOULD RISK IMPAIRING THE 4,144
INVESTIGATION IF IT BECAME PUBLIC, PROVIDED THAT AFTER ANY 4,145
INVESTIGATION USING MONEY TRANSFERRED TO THE FUND FROM AN 4,146
EMERGENCY PURPOSES APPROPRIATION HAS BEEN COMPLETED, THE 4,147
INSPECTOR GENERAL SHALL REPORT TO THE BOARD THE OBJECT AND COST 4,148
OF THE INVESTIGATION, BUT NOT ANY INFORMATION DESIGNATED AS 4,149
CONFIDENTIAL UNDER SECTION 121.44 OF THE REVISED CODE. 4,150
Sec. 122.011. (A) The department of development shall 4,159
develop and promote plans and programs designed to assure that 4,160
state resources are efficiently used, economic growth is properly 4,161
balanced, community growth is developed in an orderly manner, and 4,162
local governments are coordinated with each other and the state, 4,163
and for such purposes may do all of the following: 4,164
(1) Serve as a clearinghouse for information, data, and 4,166
other materials that may be helpful or necessary to persons or 4,167
local governments, as provided in section 122.07 of the Revised 4,168
Code; 4,169
(2) Prepare and activate plans for the retention, 4,171
101
development, expansion, and use of the resources and commerce of 4,172
the state, as provided in section 122.04 of the Revised Code; 4,173
(3) Assist and cooperate with federal, state, and local 4,175
governments and agencies of federal, state, and local governments 4,177
in the coordination of programs to carry out the functions and
duties of the department; 4,178
(4) Encourage and foster research and development 4,180
activities, conduct studies related to the solution of community 4,181
problems, and develop recommendations for administrative or 4,182
legislative actions, as provided in section 122.03 of the Revised 4,183
Code; 4,184
(5) Serve as the economic and community development 4,186
planning agency, which shall prepare and recommend plans and 4,187
programs for the orderly growth and development of this state and 4,188
which shall provide planning assistance, as provided in section 4,189
122.06 of the Revised Code; 4,190
(6) Cooperate with and provide technical assistance to 4,192
state departments, political subdivisions, regional and local 4,193
planning commissions, tourist associations, councils of 4,194
government, community development groups, community action 4,195
agencies, and other appropriate organizations for carrying out 4,196
the functions and duties of the department or for the solution of 4,197
community problems.; 4,198
(7) Coordinate the activities of state agencies that have 4,200
an impact on carrying out the functions and duties of the 4,201
department; 4,202
(8) Encourage and assist the efforts of and cooperate with 4,204
local governments to develop mutual and cooperative solutions to 4,205
their common problems that relate to carrying out the purposes of 4,206
this section; 4,207
(9) Study existing structure, operations, AND financing of 4,209
regional or local government and those state activities that 4,210
involve significant relations with regional or local governmental 4,211
units, recommend to the governor and to the general assembly such 4,212
102
changes in these provisions and activities as will improve the 4,213
operations of regional or local government, and conduct other 4,214
studies of legal provisions that affect problems related to 4,215
carrying out the purposes of this section; 4,216
(10) Appoint, with the approval of the governor, technical 4,219
and other advisory councils as it considers appropriate, as 4,220
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 4,222
development to develop and administer programs and activities 4,223
that are authorized by federal statute or the Revised Code; 4,224
(12) Until June 30, 1999 JULY 1, 2001, review, analyze, 4,227
and summarize applications and information regarding the family 4,229
farm loan program forwarded to the department by a financial 4,230
institution pursuant to section 901.81 of the Revised Code, and 4,233
forward the applications, information, analyses, and summaries to 4,234
the director of agriculture; 4,235
(13) Until June 30, 1999 JULY 1, 2001, establish fees and 4,238
charges, in consultation with the director of agriculture, for 4,240
purchasing loans from financial institutions and providing loan 4,241
guarantees under the family farm loan program created under 4,243
sections 901.80 to 901.83 of the Revised Code;
(14) Provide loan servicing for the loans purchased and 4,245
loan guarantees provided under section 901.80 of the Revised Code 4,247
as such THAT section existed prior to June 30, 1999 JULY 1, 2001; 4,249
(15) Until June 30, 1999 JULY 1, 2001, and upon approval 4,252
by the controlling board under division (A)(3) of section 901.82 4,253
of the Revised Code of the release of money to be used for 4,256
purchasing a loan or providing a loan guarantee, request the
release of such THAT money in accordance with division (B) of 4,259
section 166.03 of the Revised Code for use for the purposes of 4,262
the fund created by section 166.031 of the Revised Code. 4,263
(B) The department, by rule, shall establish criteria 4,265
defining nonprofit corporations that are eligible for appointment 4,266
as qualified agents pursuant to sections 135.81 to 135.88 of the 4,267
103
Revised Code. The criteria shall require that a corporation be 4,268
organized pursuant to Chapter 1702. of the Revised Code and have 4,269
as its primary purpose the promotion of economic development or 4,270
the creation or retention of jobs and job opportunities. The 4,271
criteria may include a specification as to the professional 4,272
qualifications of the corporation employees, a minimum elapsed 4,273
period of time since the corporation was organized, current and 4,274
former activities of the corporation, and such other criteria 4,275
reasonably related to the foregoing that relate to the ability of 4,276
the corporation to act as a qualified agent for the purposes of 4,277
sections 135.51 to 135.88 of the Revised Code. 4,278
(C) The director of development may request the attorney 4,280
general to, and the attorney general, in accordance with section 4,281
109.02 of the Revised Code, shall bring a civil action in any 4,283
court of competent jurisdiction. The director may be sued in the 4,284
director's official capacity, in connection with this chapter, in 4,285
accordance with Chapter 2743. of the Revised Code.
Sec. 122.05. (A) The director of development may, to 4,294
carry out the purposes of division (E) of section 122.04 of the 4,295
Revised Code:
(1) Establish offices in foreign countries as the director 4,297
considers appropriate and enter into leases of real property, 4,299
buildings, and office space that are appropriate for these 4,300
offices;
(2) Appoint personnel, who shall be in the unclassified 4,302
civil services, necessary to operate such offices and fix their 4,304
compensation. The director may enter into contracts with foreign 4,305
nationals to staff the foreign offices established under this 4,306
section.
(3) The director may establish UNITED STATES DOLLAR AND 4,309
foreign currency accounts with banks in countries in which 4,310
foreign offices have been established under this section, for the 4,311
payment of expenses related to the operation and maintenance of 4,312
those THE offices ESTABLISHED UNDER THIS SECTION. The director 4,313
104
may also establish accounts with domestic banks to deposit funds 4,314
that have been converted to the appropriate currency of the 4,315
offices established under this section. The director shall 4,316
establish procedures acceptable to the director of budget and
management for the conversion, transfer, and control of UNITED 4,318
STATES DOLLARS AND foreign currency in domestic and foreign banks 4,319
and for the accounting of funds at the end of each biennium. 4,320
(4) Do all things necessary and appropriate for the 4,322
operation of the state's foreign offices. 4,324
(B) All contracts entered into under division (A)(2) of 4,326
this section and any payments of expenses related to the 4,327
operation and maintenance of foreign offices established under 4,328
this section may be paid in the appropriate foreign currency and 4,329
are exempt from sections 127.16 and 5147.07 and Chapters 124., 4,330
125., and 153. of the Revised Code.
Sec. 122.15. As used in sections 122.15 to 122.154 of the 4,340
Revised Code:
(A) "Edison center" means a cooperative research and 4,342
development facility that receives funding through the Thomas 4,343
Alva Edison grant program under division (C) of section 122.33 of 4,345
the Revised Code.
(B) "Ohio entity" means any corporation, limited liability 4,348
company, or unincorporated business organization, including a 4,349
general or limited partnership, that has its principal place of 4,350
business located in this state and has at least fifty per cent of 4,351
its gross assets and fifty per cent of its employees located in 4,352
this state. If a corporation, limited liability company, or 4,354
unincorporated business organization is a member of an affiliated 4,355
group, the gross assets and the number of employees of all of the 4,357
members of that affiliated group, wherever those assets and 4,358
employees are located, shall be included for the purpose of 4,359
determining the percentage of the corporation's, company's, or
organization's gross assets and employees that are located in 4,360
this state. 4,361
105
(C) "Qualified trade or business" means any trade or 4,364
business that primarily involves research and development,
technology transfer, bio-technology, or the application of new 4,365
technology developed through research and development or acquired 4,367
through technology transfer. "Qualified trade or business" does 4,369
not include any of the following:
(1) Any trade or business involving the performance of 4,371
services in the field of law, engineering, architecture, 4,372
accounting, actuarial science, performing arts, consulting, 4,373
athletics, financial services, or brokerage services, or any 4,374
trade or business where the principal asset of the trade or 4,375
business is the reputation or skill of one or more of its 4,376
employees; 4,377
(2) Any banking, insurance, financing, leasing, rental, 4,379
investing, or similar business; 4,380
(3) Any farming business, including the business of 4,382
raising or harvesting trees; 4,383
(4) Any business involving the production or extraction of 4,386
products of a character with respect to which a deduction is
allowable under section 611, 613, or 613A of the "Internal 4,388
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 4,390
613A;
(5) Any business of operating a hotel, motel, restaurant, 4,393
or similar business;
(6) Any trade or business involving a hospital, a private 4,395
office of a licensed health care professional, a group practice 4,396
of licensed health care professionals, or a nursing home. As 4,397
used in division (C)(6) of this section: 4,398
(a) "Nursing home" has the same meaning as in section 4,400
3721.50 of the Revised Code. 4,401
(b) "Hospital" has the same meaning as in section 3727.01 4,403
of the Revised Code. 4,404
(D) "Insider" means an individual who owns, controls, or 4,406
holds power to vote five per cent or more of the outstanding 4,407
106
securities of a business. For purposes of determining whether an 4,408
investor is an insider, the percentage of voting power in the 4,409
Ohio entity held by a person related to the investor shall be 4,410
added to the investor's percentage of voting power in the same 4,411
Ohio entity, if the investor claimed the person related to the 4,412
investor as a dependent or a spouse on the investor's federal
income tax return for the previous tax year. 4,413
(E) "Related to" means being the spouse, parent, child, or 4,415
sibling of an individual. 4,416
(F) "Research and development" means designing, creating, 4,419
or formulating new or enhanced products, equipment, or processes, 4,420
and conducting scientific or technological inquiry and 4,421
experimentation in the physical sciences with the goal of 4,422
increasing scientific knowledge that may reveal the bases for new 4,423
or enhanced products, equipment, or processes. 4,424
(G) "State tax liability" means any tax liability incurred 4,428
under division (D) of section 5707.03, section 5727.24, 5727.38, 4,429
or 5747.02, or Chapter 5733. of the Revised Code. 4,430
(H) "Technology transfer" means the transfer of technology 4,433
from one sector of the economy to another, including the transfer 4,434
of military technology to civilian applications, civilian 4,435
technology to military applications, or technology from public or 4,436
private research laboratories to military or civilian 4,437
applications.
(I) "Affiliated group" means two or more persons related 4,440
in such a way that one of the persons owns or controls the 4,441
business operations of another of those persons. In the case of 4,442
a corporation issuing capital stock, one corporation owns or 4,443
controls the business operations of another corporation if it 4,445
owns more than fifty per cent of the other corporation's capital 4,446
stock with voting rights. In the case of a limited liability 4,447
company, one person owns or controls the business operations of 4,448
the company if that person's membership interest, as defined in 4,449
section 1705.01 of the Revised Code, is greater than fifty per 4,450
107
cent of combined membership interest of all persons owning such
interests in the company. In the case of an unincorporated 4,451
business organization, one person owns or controls the business 4,452
operations of the organization if, under the articles of 4,453
organization or other instrument governing the affairs of the 4,454
organization, that person has a beneficial interest in the 4,455
organization's profits, surpluses, losses, or other distributions 4,456
greater than fifty per cent of the combined beneficial interests
of all persons having such an interest in the organization. 4,457
(J) "Money" means United States currency, or a check, 4,460
draft, or cashier's check for United States currency, payable on 4,461
demand and drawn on a bank.
Sec. 122.152. (A) After receiving notice of approval for 4,471
an investment of money from the industrial technology and 4,472
enterprise advisory council committee under section 122.151 of 4,474
the Revised Code, an investor, within a period of time determined 4,476
by the committee, may make the investment and apply to the 4,477
council for a tax credit certificate. If the council is 4,478
satisfied the investor has made the investment in the proper 4,479
form, it shall issue to the investor a tax credit certificate 4,480
indicating that the investor is allowed a tax credit in an amount 4,482
equal to twenty-five per cent of the investment.
An investor who receives approval of a proposed investment 4,484
of money through a group application, after making the 4,485
investment, shall apply for a tax credit certificate on an 4,487
individual basis.
(B) An investor who is issued a tax credit certificate 4,490
under this section may claim a nonrefundable credit equal to the 4,491
amount indicated on the certificate against any state tax 4,492
liability. The investor shall claim the credit for the taxable 4,493
year in which the certificate is issued. 4,494
(1) If the credit to which a taxpayer otherwise would be 4,497
entitled under this section for any taxable year is greater than 4,498
the tax otherwise due under division (D) of section 5707.03 or 4,499
108
section 5727.24 OR 5727.38 of the Revised Code, the excess shall 4,500
be allowed as a credit in each of the ensuing fifteen taxable 4,502
years, but the amount of any excess credit allowed in an ensuing 4,504
taxable year shall be deducted from the balance carried forward 4,505
to the next taxable year.
(2) If the credit to which a taxpayer otherwise would be 4,508
entitled under this section for any taxable year is greater than 4,509
the tax otherwise due under section 5747.02 or Chapter 5733. of 4,510
the Revised Code, after allowing for any other credits that 4,511
precede the credit allowed under this section in the order 4,512
required under section 5733.98 or 5747.98 of the Revised Code, 4,513
the excess shall be allowed as a credit in each of the ensuing 4,514
fifteen taxable years, but the amount of any excess credit 4,515
allowed in an ensuing taxable year shall be deducted from the 4,516
balance carried forward to the next taxable year. 4,517
(C) Any portion of a credit allowed under this section 4,520
that is utilized by an investor to reduce the investor's state 4,521
tax liability shall not be utilized by any other person.
(D) To claim a tax credit allowed under this section, an 4,524
investor shall attach to the appropriate return a copy of the 4,525
certificate issued to the investor under this section. 4,526
(E) Nothing in this section shall limit or disallow 4,529
pass-through treatment of a pass-through entity's income, 4,530
deductions, or credits, or other amounts necessary to compute a 4,531
state tax liability. 4,532
(F) A tax credit certificate issued to an investor under 4,535
this section may not be transferred by that investor to any other 4,536
person.
(G)(1) The industrial technology and enterprise advisory 4,538
council shall develop the form of the tax credit certificate and 4,540
shall use that form when issuing a tax credit certificate under 4,541
this section.
(2) The industrial technology and enterprise advisory 4,544
council shall report to the tax commissioner any information 4,545
109
requested by the commissioner concerning tax credit certificates 4,546
issued under this section. 4,547
(H) An investment made by an investor or group of 4,549
investors who enter into a contractual agreement with an Ohio 4,552
entity to invest money in the Ohio entity is an acceptable 4,553
investment if all of the following conditions are met: 4,554
(1) The investment is made pursuant to a subscription 4,556
agreement providing that the investor or group of investors is 4,557
entitled to receive a refund of funds if the investment is not 4,558
approved by the industrial technology and enterprise advisory 4,559
council. 4,560
(2) The investment is placed in escrow until the 4,562
investment is approved by the industrial technology and 4,563
enterprise advisory council. 4,564
(3) The investor or group of investors shows proof of the 4,566
withdrawal of the funds by the Ohio entity after the investment 4,568
is approved by the industrial technology and enterprise advisory 4,569
council.
Sec. 122.19. AS USED IN SECTIONS 122.19 TO 122.22 OF THE 4,572
REVISED CODE:
(A) "DISTRESSED AREA" MEANS EITHER A MUNICIPAL CORPORATION 4,574
THAT HAS A POPULATION OF AT LEAST FIFTY THOUSAND OR A COUNTY, 4,575
THAT MEETS AT LEAST TWO OF THE FOLLOWING CRITERIA OF ECONOMIC 4,576
DISTRESS:
(1) ITS AVERAGE RATE OF UNEMPLOYMENT, DURING THE MOST 4,578
RECENT FIVE-YEAR PERIOD FOR WHICH DATA ARE AVAILABLE, IS EQUAL TO 4,579
AT LEAST ONE HUNDRED TWENTY-FIVE PER CENT OF THE AVERAGE RATE OF 4,580
UNEMPLOYMENT FOR THE UNITED STATES FOR THE SAME PERIOD. 4,581
(2) IT HAS A PER CAPITA INCOME EQUAL TO OR BELOW EIGHTY 4,583
PER CENT OF THE MEDIAN COUNTY PER CAPITA INCOME OF THE UNITED 4,584
STATES AS DETERMINED BY THE MOST RECENTLY AVAILABLE FIGURES FROM 4,586
THE UNITED STATES CENSUS BUREAU. 4,587
(3)(a) IN THE CASE OF A MUNICIPAL CORPORATION, AT LEAST 4,589
TWENTY PER CENT OF THE RESIDENTS HAVE A TOTAL INCOME FOR THE MOST 4,590
110
RECENT CENSUS YEAR THAT IS BELOW THE OFFICIAL POVERTY LINE. 4,591
(b) IN THE CASE OF A COUNTY, IN INTERCENSAL YEARS, THE 4,593
COUNTY HAS A RATIO OF TRANSFER PAYMENT INCOME TO TOTAL COUNTY 4,594
INCOME EQUAL TO OR GREATER THAN TWENTY-FIVE PER CENT. 4,595
(B) "ELIGIBLE APPLICANT" MEANS ANY OF THE FOLLOWING THAT 4,597
ARE DESIGNATED BY THE LEGISLATIVE AUTHORITY OF A COUNTY, 4,598
TOWNSHIP, OR MUNICIPAL CORPORATION AS PROVIDED IN DIVISION (B)(1) 4,599
OF SECTION 122.22 OF THE REVISED CODE: 4,600
(1) A PORT AUTHORITY AS DEFINED IN DIVISION (A) OF SECTION 4,602
4582.01 OR DIVISION (A) OF SECTION 4582.21 OF THE REVISED CODE; 4,603
(2) A COMMUNITY IMPROVEMENT CORPORATION AS DESCRIBED IN 4,605
SECTION 1724.01 OF THE REVISED CODE; 4,606
(3) A COMMUNITY-BASED ORGANIZATION OR ACTION GROUP THAT 4,608
PROVIDES SOCIAL SERVICES AND HAS EXPERIENCE IN ECONOMIC 4,609
DEVELOPMENT;
(4) ANY OTHER NONPROFIT ECONOMIC DEVELOPMENT ENTITY; 4,611
(5) A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION IF IT 4,613
DESIGNATES ITSELF. 4,614
(C) "ELIGIBLE AREA" MEANS A DISTRESSED AREA, A LABOR 4,616
SURPLUS AREA, AN INNER CITY AREA, OR A SITUATIONAL DISTRESS AREA, 4,617
AS DESIGNATED ANNUALLY BY THE DIRECTOR OF DEVELOPMENT UNDER 4,618
DIVISION (A) OF SECTION 122.21 OF THE REVISED CODE. 4,619
(D) "GOVERNING BODY" MEANS, IN THE CASE OF A COUNTY, THE 4,621
BOARD OF COUNTY COMMISSIONERS; IN THE CASE OF A MUNICIPAL 4,622
CORPORATION, THE LEGISLATIVE AUTHORITY; AND IN THE CASE OF A
TOWNSHIP, THE BOARD OF TOWNSHIP TRUSTEES. 4,623
(E) "INFRASTRUCTURE IMPROVEMENTS" INCLUDES SITE 4,625
PREPARATION, INCLUDING BUILDING DEMOLITION AND REMOVAL; RETENTION 4,626
PONDS AND FLOOD AND DRAINAGE IMPROVEMENTS; STREETS, ROADS,
BRIDGES, AND TRAFFIC CONTROL DEVICES; PARKING LOTS AND 4,627
FACILITIES; WATER AND SEWER LINES AND TREATMENT PLANTS; GAS, 4,628
ELECTRIC, AND TELECOMMUNICATIONS HOOK-UPS; AND WATERWAY AND 4,629
RAILWAY ACCESS IMPROVEMENTS. 4,630
(F) "INNER CITY AREA" MEANS, IN A MUNICIPAL CORPORATION 4,632
111
THAT HAS A POPULATION OF AT LEAST ONE HUNDRED THOUSAND AND DOES 4,633
NOT MEET THE CRITERIA OF A LABOR SURPLUS AREA OR A DISTRESSED
AREA, TARGETED INVESTMENT AREAS ESTABLISHED BY THE MUNICIPAL 4,634
CORPORATION WITHIN ITS BOUNDARIES THAT ARE COMPRISED OF THE MOST 4,635
RECENT CENSUS BLOCK TRACTS THAT INDIVIDUALLY HAVE AT LEAST TWENTY 4,636
PER CENT OF THEIR POPULATION AT OR BELOW THE STATE POVERTY LEVEL, 4,637
OR OTHER CENSUS BLOCK TRACTS CONTIGUOUS TO SUCH CENSUS BLOCK 4,638
TRACTS.
(G) "LABOR SURPLUS AREA" MEANS AN AREA DESIGNATED AS A 4,640
LABOR SURPLUS AREA BY THE UNITED STATES DEPARTMENT OF LABOR. 4,641
(H) "OFFICIAL POVERTY LINE" HAS THE SAME MEANING AS IN 4,643
DIVISION (A) OF SECTION 3923.51 OF THE REVISED CODE. 4,644
(I) "REDEVELOPMENT PLAN" MEANS A PLAN THAT INCLUDES ALL OF 4,646
THE FOLLOWING: A PLAT; A LAND USE DESCRIPTION; IDENTIFICATION OF 4,647
ALL UTILITIES AND INFRASTRUCTURE NEEDED TO DEVELOP THE PROPERTY,
INCLUDING STREET CONNECTIONS; HIGHWAY, RAIL, AIR, OR WATER 4,648
ACCESS; UTILITY CONNECTIONS; WATER AND SEWER TREATMENT 4,649
FACILITIES; STORM DRAINAGE; AND PARKING, AND ANY OTHER ELEMENTS 4,650
REQUIRED BY A RULE ADOPTED BY THE DIRECTOR OF DEVELOPMENT UNDER 4,651
DIVISION (B) OF SECTION 122.21 OF THE REVISED CODE. 4,652
(J) "SITUATIONAL DISTRESS AREA" MEANS A COUNTY OR A 4,654
MUNICIPAL CORPORATION THAT HAS EXPERIENCED OR IS EXPERIENCING A 4,655
CLOSING OR DOWNSIZING OF A MAJOR EMPLOYER THAT WILL ADVERSELY
AFFECT THE COUNTY'S OR MUNICIPAL CORPORATION'S ECONOMY. IN ORDER 4,656
TO BE DESIGNATED AS A SITUATIONAL DISTRESS AREA FOR A PERIOD NOT 4,657
TO EXCEED THIRTY-SIX MONTHS, THE COUNTY OR MUNICIPAL CORPORATION 4,658
MAY PETITION THE DIRECTOR OF DEVELOPMENT. THE PETITION SHALL 4,659
INCLUDE DOCUMENTATION THAT DEMONSTRATES ALL OF THE FOLLOWING: 4,660
(1) THE NUMBER OF JOBS LOST BY THE CLOSING OR DOWNSIZING; 4,662
(2) THE IMPACT THAT THE JOB LOSS HAS ON THE COUNTY'S OR 4,664
MUNICIPAL CORPORATION'S UNEMPLOYMENT RATE AS MEASURED BY THE OHIO 4,665
BUREAU OF EMPLOYMENT SERVICES; 4,666
(3) THE ANNUAL PAYROLL ASSOCIATED WITH THE JOB LOSS; 4,668
(4) THE AMOUNT OF STATE AND LOCAL TAXES ASSOCIATED WITH 4,670
112
THE JOB LOSS; 4,671
(5) THE IMPACT THAT THE CLOSING OR DOWNSIZING HAS ON THE 4,673
SUPPLIERS LOCATED IN THE COUNTY OR MUNICIPAL CORPORATION. 4,674
Sec. 122.20. (A) THE URBAN AND RURAL INITIATIVE GRANT 4,676
PROGRAM IS HEREBY CREATED TO PROMOTE ECONOMIC DEVELOPMENT AND 4,677
IMPROVE THE ECONOMIC WELFARE OF THE PEOPLE OF THE STATE, WHICH
SHALL BE ACCOMPLISHED BY THE DEPARTMENT OF DEVELOPMENT AWARDING 4,678
GRANTS TO ELIGIBLE APPLICANTS FOR USE IN AN ELIGIBLE AREA FOR ANY 4,679
OF THE FOLLOWING PURPOSES: 4,680
(1) LAND ACQUISITION; 4,682
(2) INFRASTRUCTURE IMPROVEMENTS; 4,684
(3) VOLUNTARY ACTIONS UNDERTAKEN ON PROPERTY ELIGIBLE FOR 4,686
THE VOLUNTARY ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE 4,688
REVISED CODE;
(4) RENOVATION OF EXISTING STRUCTURES. 4,690
(B) THE TOTAL AMOUNT OF GRANTS AWARDED UNDER THE PROGRAM 4,692
SHALL NOT EXCEED TWO MILLION DOLLARS. NO GRANT SHALL BE AWARDED 4,694
WITHOUT THE PRIOR APPROVAL OF THE CONTROLLING BOARD.
(C) AS A CONDITION OF RECEIVING A GRANT UNDER THIS 4,696
SECTION, AND EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 4,697
AN APPLICANT SHALL AGREE NOT TO PERMIT THE USE OF A SITE THAT IS 4,698
DEVELOPED OR IMPROVED WITH SUCH GRANT MONEYS TO CAUSE THE 4,700
RELOCATION OF JOBS TO THAT SITE FROM ELSEWHERE IN THIS STATE. 4,701
(D) A SITE DEVELOPED OR IMPROVED WITH GRANT MONEYS AWARDED 4,703
UNDER THIS SECTION MAY BE THE SITE OF JOBS RELOCATED FROM 4,704
ELSEWHERE IN THIS STATE IF THE DIRECTOR OF DEVELOPMENT DOES ALL 4,705
OF THE FOLLOWING: 4,706
(1) MAKES A WRITTEN DETERMINATION THAT THE SITE FROM WHICH 4,708
THE JOBS WOULD BE RELOCATED IS INADEQUATE TO MEET MARKET OR 4,709
INDUSTRY CONDITIONS, EXPANSION PLANS, CONSOLIDATION PLANS, OR 4,710
OTHER BUSINESS CONSIDERATIONS AFFECTING THE RELOCATING EMPLOYER; 4,711
(2) PROVIDES A COPY OF THE DETERMINATION REQUIRED BY 4,713
DIVISION (D)(1) OF THIS SECTION TO THE MEMBERS OF THE GENERAL 4,714
ASSEMBLY WHOSE LEGISLATIVE DISTRICTS INCLUDE THE SITE FROM WHICH 4,715
113
THE JOBS WOULD BE RELOCATED, AND TO THE JOINT LEGISLATIVE
COMMITTEE ON TAX INCENTIVES; 4,716
(3) DETERMINES THAT THE GOVERNING BODY OF THE AREA FROM 4,718
WHICH THE JOBS WOULD BE RELOCATED HAS BEEN NOTIFIED IN WRITING BY 4,719
THE RELOCATING COMPANY OF THE POSSIBLE RELOCATION. 4,720
(E) NO ELIGIBLE APPLICANT THAT RECEIVES FROM THE PROGRAM 4,722
ANY GRANT OF MONEY FOR LAND ACQUISITION, INFRASTRUCTURE 4,723
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR 4,724
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,725
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,727
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION
122.23 OF THE REVISED CODE SHALL USE THE MONEY TO COMPETE AGAINST 4,728
ANY EXISTING OHIO INDUSTRIAL PARKS. 4,729
(F) AN ELIGIBLE APPLICANT THAT RECEIVES A GRANT FROM THE 4,731
PROGRAM SHALL NOT BE PRECLUDED FROM BEING CONSIDERED FOR OR 4,732
PARTICIPATING IN OTHER FINANCIAL ASSISTANCE PROGRAMS OFFERED BY
THE DEPARTMENT OF DEVELOPMENT, THE OHIO ENVIRONMENTAL PROTECTION 4,733
AGENCY, OR THE OHIO WATER DEVELOPMENT AUTHORITY. 4,734
Sec. 122.21. IN ADMINISTERING THE URBAN AND RURAL 4,736
INITIATIVE GRANT PROGRAM CREATED UNDER SECTION 122.20 OF THE 4,737
REVISED CODE, THE DIRECTOR OF DEVELOPMENT SHALL DO ALL OF THE 4,738
FOLLOWING:
(A) ANNUALLY DESIGNATE, BY THE FIRST DAY OF JANUARY OF 4,740
EACH YEAR, THE ENTITIES THAT CONSTITUTE THE ELIGIBLE AREAS IN 4,742
THIS STATE;
(B) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 4,745
REVISED CODE ESTABLISHING PROCEDURES AND FORMS BY WHICH ELIGIBLE 4,747
APPLICANTS IN ELIGIBLE AREAS MAY APPLY FOR A GRANT, WHICH 4,748
PROCEDURES SHALL INCLUDE A REQUIREMENT THAT THE APPLICANT FILE A 4,749
REDEVELOPMENT PLAN; STANDARDS AND PROCEDURES FOR REVIEWING 4,750
APPLICATIONS AND AWARDING GRANTS; PROCEDURES FOR DISTRIBUTING 4,751
GRANTS TO RECIPIENTS; PROCEDURES FOR MONITORING THE USE OF GRANTS 4,752
BY RECIPIENTS; REQUIREMENTS, PROCEDURES, AND FORMS BY WHICH 4,753
114
RECIPIENTS WHO HAVE RECEIVED GRANTS SHALL REPORT THEIR USE OF 4,754
THAT ASSISTANCE; AND STANDARDS AND PROCEDURES FOR TERMINATING AND 4,755
REQUIRING REPAYMENT OF GRANTS IN THE EVENT OF THEIR IMPROPER USE. 4,756
THE RULES ADOPTED UNDER THIS DIVISION SHALL COMPLY WITH SECTIONS 4,757
122.19 TO 122.22 OF THE REVISED CODE AND SHALL INCLUDE A RULE 4,758
REQUIRING THAT AN ELIGIBLE APPLICANT WHO RECEIVES A GRANT FROM
THE PROGRAM PROVIDE A MATCHING CONTRIBUTION OF AT LEAST 4,759
TWENTY-FIVE PER CENT OF THE AMOUNT OF THE GRANT AWARDED TO THE
ELIGIBLE APPLICANT. 4,760
THE RULES SHALL REQUIRE THAT ANY ELIGIBLE APPLICANT FOR A 4,762
GRANT FOR LAND ACQUISITION DEMONSTRATE TO THE DIRECTOR THAT THE 4,763
PROPERTY TO BE ACQUIRED MEETS ALL STATE ENVIRONMENTAL 4,764
REQUIREMENTS AND THAT UTILITIES FOR THAT PROPERTY ARE AVAILABLE 4,765
AND ADEQUATE. THE RULES SHALL REQUIRE THAT ANY ELIGIBLE 4,766
APPLICANT FOR A GRANT FOR PROPERTY ELIGIBLE FOR THE VOLUNTARY 4,767
ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE REVISED CODE 4,768
RECEIVE DISBURSEMENT OF GRANT MONEYS ONLY AFTER RECEIVING A 4,769
COVENANT NOT TO SUE FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION 4,770
UNDER SECTION 3746.12 OF THE REVISED CODE AND SHALL REQUIRE THAT 4,772
THOSE MONEYS BE DISBURSED ONLY AS REIMBURSEMENT OF ACTUAL
EXPENSES INCURRED IN THE UNDERTAKING OF THE VOLUNTARY ACTION. 4,773
THE RULES SHALL REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR 4,774
LAND ACQUISITION, INFRASTRUCTURE IMPROVEMENTS, OR RENOVATION OF 4,775
EXISTING STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE 4,776
FOR A DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL 4,777
DISTRESS AREA AS DEFINED IN SECTION 122.19 OF THE REVISED CODE 4,778
THAT ALSO IS A DISTRESSED AREA, LABOR SURPLUS AREA, OR 4,779
SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 122.23 OF THE 4,780
REVISED CODE, A SUBSTANTIAL PORTION OF THE SITE BE USED FOR 4,781
MANUFACTURING, DISTRIBUTION, HIGH TECHNOLOGY, RESEARCH AND 4,782
DEVELOPMENT, OR OTHER BUSINESSES IN WHICH A MAJORITY OF THE 4,783
PRODUCT OR SERVICE PRODUCED IS EXPORTED OUT OF THE STATE. ANY 4,784
RETAIL USE AT THE SITE SHALL NOT CONSTITUTE A PRIMARY USE BUT 4,785
ONLY A USE INCIDENTAL TO OTHER ELIGIBLE USES. THE RULES SHALL 4,786
115
REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR LAND ACQUISITION, 4,787
INFRASTRUCTURE IMPROVEMENTS, AND RENOVATION OF EXISTING 4,788
STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE FOR A 4,789
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,790
AS DEFINED IN SECTION 122.19 OF THE REVISED CODE THAT ALSO IS A 4,791
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,792
AS DEFINED IN SECTION 122.23 OF THE REVISED CODE, THE APPLICANT 4,793
FOR THE GRANT SHALL VERIFY TO THE DEPARTMENT OF DEVELOPMENT THE 4,794
EXISTENCE OF A LOCAL ECONOMIC DEVELOPMENT PLANNING COMMITTEE IN A
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP WHOSE TERRITORY 4,795
INCLUDES THE ELIGIBLE AREA. THE COMMITTEE SHALL CONSIST OF 4,796
MEMBERS OF THE PUBLIC AND PRIVATE SECTORS WHO LIVE IN THAT 4,797
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP. THE LOCAL ECONOMIC 4,798
DEVELOPMENT PLANNING COMMITTEE SHALL PREPARE AND SUBMIT TO THE 4,799
DEPARTMENT A FIVE-YEAR ECONOMIC DEVELOPMENT PLAN FOR THAT 4,800
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP THAT IDENTIFIES, FOR 4,801
THE FIVE-YEAR PERIOD COVERED BY THE PLAN, THE ECONOMIC 4,802
DEVELOPMENT STRATEGIES OF A MUNICIPAL CORPORATION, COUNTY, OR 4,803
TOWNSHIP WHOSE TERRITORY INCLUDES THE PROPOSED INDUSTRIAL PARK 4,804
SITE. THE ECONOMIC DEVELOPMENT PLAN SHALL DESCRIBE IN DETAIL HOW 4,805
THE PROPOSED INDUSTRIAL PARK WOULD COMPLEMENT OTHER CURRENT OR 4,806
PLANNED ECONOMIC DEVELOPMENT PROGRAMS FOR THAT MUNICIPAL 4,807
CORPORATION, COUNTY, OR TOWNSHIP, INCLUDING, BUT NOT LIMITED TO, 4,808
WORKFORCE DEVELOPMENT INITIATIVES, BUSINESS RETENTION AND 4,809
EXPANSION EFFORTS, SMALL BUSINESS DEVELOPMENT PROGRAMS, AND 4,810
TECHNOLOGY MODERNIZATION PROGRAMS.
(C) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, 4,812
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF 4,813
THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY 4,814
OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE 4,815
PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL 4,816
INCLUDE THE TOTAL NUMBER OF GRANTS MADE THAT YEAR, AND, FOR EACH
INDIVIDUAL GRANT AWARDED, THE FOLLOWING: THE AMOUNT AND 4,817
RECIPIENT, THE ELIGIBLE APPLICANT, THE PURPOSE FOR AWARDING THE 4,818
116
GRANT, THE NUMBER OF FIRMS OR BUSINESSES OPERATING AT THE AWARDED 4,819
SITE, THE NUMBER OF EMPLOYEES EMPLOYED BY EACH FIRM OR BUSINESS, 4,820
ANY EXCESS CAPACITY AT AN INDUSTRIAL PARK SITE, AND ANY 4,821
ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,822
(D) INFORM LOCAL GOVERNMENTS AND OTHERS IN THE STATE OF 4,824
THE AVAILABILITY OF GRANTS UNDER SECTION 122.20 OF THE REVISED 4,825
CODE;
(E) ANNUALLY COMPILE, PURSUANT TO RULES ADOPTED BY THE 4,827
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH CHAPTER 119. OF THE 4,828
REVISED CODE, USING PERTINENT INFORMATION SUBMITTED BY ANY 4,829
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP, A LIST OF INDUSTRIAL
PARKS LOCATED IN THE STATE. THE LIST SHALL INCLUDE THE FOLLOWING 4,830
INFORMATION, EXPRESSED IF POSSIBLE IN TERMS SPECIFIED IN THE 4,831
DIRECTOR'S RULES ADOPTED UNDER THIS DIVISION: LOCATION OF EACH 4,832
INDUSTRIAL PARK SITE, TOTAL ACREAGE OF EACH PARK SITE, TOTAL 4,833
OCCUPANCY OF EACH PARK SITE, TOTAL CAPACITY FOR NEW BUSINESS AT 4,834
EACH PARK SITE, TOTAL CAPACITY OF EACH PARK SITE FOR SEWER, 4,835
WATER, AND ELECTRICITY, A CONTACT PERSON FOR EACH PARK SITE, AND 4,836
ANY ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,837
ONCE THE LIST IS COMPILED, THE DIRECTOR SHALL MAKE IT AVAILABLE 4,838
TO THE GOVERNOR, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF 4,839
REPRESENTATIVES, AND MINORITY LEADERS OF THE SENATE AND THE HOUSE 4,840
OF REPRESENTATIVES. 4,841
Sec. 122.22. (A) IN ORDER TO BE ELIGIBLE FOR A GRANT 4,843
UNDER SECTION 122.20 OF THE REVISED CODE, THE APPLICANT SHALL 4,844
DEMONSTRATE BOTH OF THE FOLLOWING TO THE DIRECTOR OF DEVELOPMENT: 4,845
(1) THAT THE APPLICANT IS PROPOSING TO CARRY OUT THE 4,847
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE IN AN 4,848
ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,849
DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) OF SECTION 122.21 OF 4,850
THE REVISED CODE;
(2) THE APPLICANT'S CAPACITY TO UNDERTAKE AND OVERSEE THE 4,852
PROJECT, AS EVIDENCED BY DOCUMENTATION OF THE APPLICANT'S PAST 4,853
PERFORMANCE IN ECONOMIC DEVELOPMENT PROJECTS. 4,854
117
(B) IN ORDER FOR AN APPLICANT TO BE ELIGIBLE FOR A GRANT 4,856
UNDER SECTION 122.20 OF THE REVISED CODE, THE GOVERNING BODY OF 4,857
THE ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,858
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH DIVISION (A) OF 4,859
SECTION 122.21 OF THE REVISED CODE SHALL, BY RESOLUTION OR 4,860
ORDINANCE, DO ALL OF THE FOLLOWING: 4,861
(1) DESIGNATE THE APPLICANT THAT WILL CARRY OUT THE 4,863
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE AND THAT 4,864
QUALIFIES AS ONE OF THE FIVE CATEGORIES OF ELIGIBLE APPLICANT 4,865
LISTED IN DIVISION (B) OF SECTION 122.19 OF THE REVISED CODE; 4,866
(2) SPECIFY THE ELIGIBLE AREA'S FINANCIAL PARTICIPATION IN 4,868
THE PROJECT; 4,869
(3) INCLUDE A MARKETING STRATEGY TO BE UTILIZED IN 4,871
ADMINISTERING THE PROJECT THAT INCLUDES DETAILS USED IN PAST 4,872
SUCCESSFUL PROJECTS; 4,873
(4) IDENTIFY A MANAGEMENT PLAN FOR THE PROJECT. 4,875
(C) A GOVERNING BODY MAY DESIGNATE THE POLITICAL 4,877
SUBDIVISION IT GOVERNS TO BE AN ELIGIBLE APPLICANT. 4,878
(D) IN ORDER TO BE ELIGIBLE FOR A GRANT UNDER SECTION 4,880
122.20 OF THE REVISED CODE FOR LAND ACQUISITION, INFRASTRUCTURE 4,881
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO 4,882
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,883
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,884
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,885
122.23 OF THE REVISED CODE, AN APPLICANT MUST BE APPROVED AS A 4,886
GRANT APPLICANT BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF 4,887
EACH COUNTY CONTAINING ANY AREA THAT HAS BEEN DESIGNATED AS AN
ELIGIBLE AREA BY THE DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) 4,888
OF SECTION 122.21 OF THE REVISED CODE AND WHOSE GOVERNING BODY 4,889
HAS DESIGNATED THE APPLICANT TO SEEK A GRANT FOR ANY OF THESE 4,890
PURPOSES ON BEHALF OF THE ELIGIBLE AREA. THE DIRECTOR SHALL 4,891
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 4,892
ESTABLISHING CRITERIA FOR THE LEGISLATIVE AUTHORITY TO USE IN 4,893
118
DETERMINING WHETHER TO APPROVE A QUALIFIED APPLICANT. 4,894
Sec. 122.71. As used in sections 122.71 to 122.83 of the 4,904
Revised Code:
(A) "Financial institution" means any banking corporation, 4,906
trust company, insurance company, savings and loan association, 4,907
building and loan association, or corporation, partnership, 4,908
federal lending agency, foundation, or other institution engaged 4,909
in lending or investing funds for industrial or business 4,910
purposes. 4,911
(B) "Project" means any real or personal property 4,913
connected with or being a part of an industrial, distribution, 4,914
commercial, or research facility to be acquired, constructed, 4,915
reconstructed, enlarged, improved, furnished, or equipped, or any 4,916
combination thereof, with the aid provided under sections 122.71 4,917
to 122.83 of the Revised Code, for industrial, commercial, 4,919
distribution, and research development of the state. 4,920
(C) "Mortgage" means the lien imposed on a project by a 4,922
mortgage on real property, or by financing statements on personal 4,923
property, or a combination of a mortgage and financing statements 4,924
when a project consists of both real and personal property. 4,925
(D) "Mortgagor" means the principal user of a project or 4,927
the person, corporation, partnership, or association 4,928
unconditionally guaranteeing performance by the principal user of 4,929
its obligations under the mortgage. 4,930
(E)(1) "Minority business enterprise" means an individual, 4,932
partnership, corporation, or joint venture of any kind that is 4,933
owned and controlled by United States citizens, WHO ARE residents 4,935
of Ohio THIS STATE OR NONRESIDENTS OF THIS STATE WHO HAVE A 4,936
SIGNIFICANT PRESENCE IN THIS STATE, AND who are members of one of 4,937
the following economically disadvantaged groups: Blacks, 4,939
American Indians, Hispanics, and Orientals. 4,940
(2) "Owned and controlled" means that at least fifty-one 4,942
per cent of the business, including corporate stock if a 4,943
corporation, is owned by persons who belong to one or more of the 4,944
119
groups set forth in division (E)(1) of this section, and that 4,945
such THOSE owners have control over the management and day-to-day 4,947
operations of the business and an interest in the capital, 4,948
assets, and profits and losses of the business proportionate to 4,949
their percentage of ownership. In order to qualify as a minority 4,950
business enterprise, a business shall have been owned and 4,951
controlled by such THOSE persons at least one year prior to being 4,953
awarded a contract pursuant to this section. 4,954
(F) "Community improvement corporation" means a 4,956
corporation organized under Chapter 1724. of the Revised Code. 4,957
(G) "Ohio development corporation" means a corporation 4,959
organized under Chapter 1726. of the Revised Code. 4,960
Sec. 122.75. THE DIRECTOR OF DEVELOPMENT SHALL, FOR THE 4,962
MINORITY BUSINESS DEVELOPMENT LOAN PROGRAM AND THE MINORITY 4,963
BUSINESS BONDING PROGRAM UNDER SECTIONS 122.87 TO 122.89 OF THE 4,965
REVISED CODE, DO ALL OF THE FOLLOWING:
(A) HIRE EMPLOYEES, CONSULTANTS, AND AGENTS AND FIX THEIR 4,967
COMPENSATION; 4,968
(B) ADOPT BYLAWS AND RULES FOR THE REGULATION OF THE 4,970
BUSINESS OF THE MINORITY DEVELOPMENT FINANCING ADVISORY BOARD; 4,971
(C) RECEIVE AND ACCEPT GRANTS, GIFTS, AND CONTRIBUTIONS OF 4,973
MONEY, PROPERTY, LABOR, AND OTHER THINGS OF VALUE, TO BE HELD, 4,974
USED, AND APPLIED ONLY FOR THE PURPOSE FOR WHICH THE GRANTS, 4,975
GIFTS, AND CONTRIBUTIONS ARE MADE, FROM INDIVIDUALS, PRIVATE AND 4,976
PUBLIC CORPORATIONS, THE UNITED STATES OR ANY AGENCY OF THE 4,978
UNITED STATES, THE STATE OR ANY AGENCY OF THE STATE, AND ANY 4,980
POLITICAL SUBDIVISION OF THE STATE. THE DIRECTOR MAY AGREE TO 4,981
REPAY ANY CONTRIBUTION OF MONEY OR TO RETURN ANY PROPERTY 4,983
CONTRIBUTED OR ITS VALUE AT SUCH TIMES, IN SUCH AMOUNTS, AND ON 4,984
SUCH TERMS AND CONDITIONS, EXCLUDING THE PAYMENT OF INTEREST, AS 4,985
THE DIRECTOR DETERMINES AT THE TIME THE CONTRIBUTION IS MADE. 4,986
THE DIRECTOR MAY EVIDENCE THE OBLIGATIONS BY WRITTEN CONTRACTS, 4,987
SUBJECT TO SECTION 122.76 OF THE REVISED CODE; PROVIDED, THAT THE 4,988
DIRECTOR SHALL NOT THEREBY INCUR INDEBTEDNESS OF OR IMPOSE 4,989
120
LIABILITY UPON THE STATE OR ANY POLITICAL SUBDIVISION. 4,990
(D) ESTABLISH FUNDS WITH THE TREASURER OF STATE IN 4,992
ADDITION TO THE MINORITY BUSINESS BONDING FUND CREATED UNDER 4,993
SECTION 122.88 OF THE REVISED CODE; 4,994
(E) INVEST MONEY IN THE FUNDS THE DIRECTOR ESTABLISHES 4,996
PURSUANT TO DIVISION (D) OF THIS SECTION THAT IS IN EXCESS OF 4,998
CURRENT NEEDS, IN NOTES, BONDS, OR OTHER OBLIGATIONS THAT ARE 4,999
DIRECT OBLIGATIONS OF OR ARE GUARANTEED BY THE UNITED STATES, OR 5,000
IN CERTIFICATES OF DEPOSIT OR WITHDRAWABLE ACCOUNTS OF BANKS, 5,002
TRUST COMPANIES, AND SAVINGS AND LOAN ASSOCIATIONS ORGANIZED 5,003
UNDER THE LAWS OF THIS STATE OR THE UNITED STATES, AND MAY CREDIT 5,005
THE INCOME OR SELL THE INVESTMENTS AT THE DIRECTOR'S DISCRETION; 5,007
(F) ACQUIRE ANY PROPERTY OF ANY KIND OR CHARACTER IN 5,009
ACCORDANCE WITH SECTIONS 122.71 TO 122.83 OF THE REVISED CODE, BY 5,011
PURCHASE, PURCHASE AT FORECLOSURE, OR EXCHANGE ON TERMS AND IN A 5,012
MANNER THE DIRECTOR CONSIDERS PROPER; 5,013
(G)(1) MAINTAIN, PROTECT, REPAIR, IMPROVE, AND INSURE ANY 5,016
PROPERTY THE DIRECTOR HAS ACQUIRED AND DISPOSE OF IT BY SALE, 5,017
EXCHANGE, OR LEASE FOR THE CONSIDERATION AND ON TERMS AND IN A 5,019
MANNER THE DIRECTOR CONSIDERS PROPER. THE DIRECTOR MAY NOT 5,020
OPERATE ANY PROPERTY AS A BUSINESS EXCEPT AS A LESSOR OF THE 5,021
PROPERTY. WHEN THE COST OF ANY CONTRACT FOR THE MAINTENANCE, 5,022
PROTECTION, REPAIR, OR IMPROVEMENT OF ANY PROPERTY OF THE 5,023
ADVISORY BOARD CONNECTED WITH THE MINORITY BUSINESS DEVELOPMENT 5,024
LOAN PROGRAM, OTHER THAN COMPENSATION FOR PERSONAL SERVICES, 5,025
INVOLVES AN EXPENDITURE OF MORE THAN ONE THOUSAND DOLLARS, THE 5,026
DIRECTOR SHALL ENTER INTO A WRITTEN CONTRACT WITH THE LOWEST AND 5,027
BEST BIDDER AFTER ADVERTISEMENT FOR NOT LESS THAN FOUR 5,028
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 5,029
COUNTY WHERE THE CONTRACT, OR SOME SUBSTANTIAL PART OF IT, IS TO 5,030
BE PERFORMED, AND IN OTHER PUBLICATIONS AS THE DIRECTOR 5,031
DETERMINES. THE NOTICE SHALL STATE THE GENERAL CHARACTER OF THE 5,032
WORK AND THE GENERAL CHARACTER OF THE MATERIALS TO BE FURNISHED, 5,033
THE PLACE WHERE PLANS AND SPECIFICATIONS FOR THE WORK AND 5,034
121
MATERIALS MAY BE EXAMINED, AND THE TIME AND PLACE OF RECEIVING 5,036
BIDS.
(2) EACH BID FOR A CONTRACT FOR THE CONSTRUCTION, 5,038
DEMOLITION, ALTERATION, REPAIR, OR RECONSTRUCTION OF AN 5,039
IMPROVEMENT SHALL CONTAIN THE FULL NAME OF EVERY PERSON 5,040
INTERESTED IN IT AND MEET THE REQUIREMENTS OF SECTION 153.54 OF 5,041
THE REVISED CODE. 5,042
(3) EACH BID FOR A CONTRACT, EXCEPT AS PROVIDED IN 5,044
DIVISION (G)(2) OF THIS SECTION, SHALL CONTAIN THE FULL NAME OF 5,046
EVERY PERSON INTERESTED IN IT AND SHALL BE ACCOMPANIED BY A BOND 5,047
OR CERTIFIED CHECK ON A SOLVENT BANK, IN THE AMOUNT OF TEN PER 5,048
CENT OF THE BID, THAT IF THE BID IS ACCEPTED A CONTRACT WILL BE 5,049
ENTERED INTO AND THE PERFORMANCE OF ITS PROPOSAL SECURED. THE 5,050
DIRECTOR MAY REJECT ANY OR ALL BIDS. A BOND WITH GOOD AND 5,051
SUFFICIENT SURETY, APPROVED BY THE DIRECTOR, SHALL BE REQUIRED OF 5,052
ALL CONTRACTORS IN AN AMOUNT EQUAL TO AT LEAST ONE HUNDRED PER 5,053
CENT OF THE CONTRACT PRICE, CONDITIONED UPON FAITHFUL PERFORMANCE 5,054
OF THE CONTRACT. 5,055
(H) EXPEND MONEY APPROPRIATED TO THE DEPARTMENT OF 5,057
DEVELOPMENT BY THE GENERAL ASSEMBLY FOR THE PURPOSES OF SECTIONS 5,058
122.71 TO 122.83 AND 122.87 TO 122.89 OF THE REVISED CODE; 5,059
(I) DO ALL ACTS AND THINGS NECESSARY OR PROPER TO CARRY 5,061
OUT THE POWERS EXPRESSLY GRANTED AND THE DUTIES IMPOSED IN 5,062
SECTIONS 122.71 TO 122.83 AND 122.87 TO 122.89 OF THE REVISED 5,064
CODE.
Sec. 122.75 122.751. The minority development financing 5,073
advisory board shall only consider an application for a loan from 5,075
any applicant after a certification by the equal employment 5,076
opportunity coordinator of the department of administrative 5,077
services under division (B)(1) of section 123.151 of the Revised 5,078
Code that the applicant is a minority business enterprise and
that the applicant satisfies all criteria regarding eligibility 5,079
for assistance pursuant to section 122.76 of the Revised Code. 5,080
Sec. 122.92. There is hereby created in the department of 5,089
122
development a minority business development division. The 5,090
division shall DO ALL OF THE FOLLOWING: 5,091
(A) Provide technical, managerial, and counseling services 5,093
and assistance to minority business enterprises; 5,094
(B) Provide procurement and bid packaging assistance to 5,096
minority business enterprises; 5,097
(C) Provide bonding technical assistance to minority 5,099
business enterprises; 5,100
(D) Participate with other state departments and agencies 5,102
as appropriate in developing specific plans and specific program 5,103
goals for programs to assist in the establishment and development 5,104
of minority business enterprises and establish regular 5,105
performance monitoring and reporting systems to ensure that those 5,106
goals are being achieved; 5,107
(E) Implement state law and policy supporting minority 5,109
business enterprise development, and assist in the coordination 5,110
of plans, programs, and operations of state government which 5,111
affect or may contribute to the establishment, preservation, and 5,112
strengthening of minority business enterprises; 5,113
(F) Assist in the coordination of activities and resources 5,115
of state agencies and local governments, business and trade 5,116
associations, universities, foundations, professional 5,117
organizations, and volunteer and other groups, to promote the 5,118
growth of minority business enterprises; 5,119
(G) Establish a center for the development, collection, 5,121
and dissemination of information that will be helpful to persons 5,122
in establishing or expanding minority business enterprises in 5,123
Ohio THIS STATE; 5,124
(H) Design, implement, and assist in experimental and 5,126
demonstration projects designed to overcome the special problems 5,127
of minority business enterprises; 5,128
(I) Coordinate reviews of all proposed state training and 5,130
technical assistance activities in direct support of minority 5,131
business enterprise programs to ensure consistency with program 5,132
123
goals and to preclude duplication of efforts by other state 5,133
agencies; 5,134
(J) Recommend appropriate legislative or executive actions 5,136
to enhance minority business opportunities in the state; 5,137
(K) Assist minority business enterprises in obtaining 5,139
governmental or commercial financing for business expansion, 5,140
establishment of new businesses, or industrial development 5,141
projects; 5,142
(L) Assist minority business enterprises in contract 5,144
procurement from government and commercial sources; 5,145
(M) Establish procedures to identify groups who have been 5,147
disadvantaged because of racial, cultural, or ethnic 5,148
circumstances without regard to the individual qualities of the 5,149
members of the group; 5,150
(N) Establish procedures to identify persons who have been 5,152
economically disadvantaged; 5,153
(O) Accept and review applications for loans pursuant to 5,155
sections 122.71 to 122.83 of the Revised Code received to 5,156
determine whether the applicants are minority business 5,157
enterprises and whether the applicants have satisfied all other 5,158
rules of the director of development and the minority financing 5,160
commission regarding eligibility. The division shall transmit 5,161
its findings to the minority development financing commission for 5,163
that commission's review of the loan application and 5,164
recommendations to the director of development. 5,165
(P) Do all acts and things necessary or proper to carry 5,167
out the powers expressly granted and duties imposed by sections 5,168
122.92 to 122.94 of the Revised Code. 5,169
Sec. 124.04. In addition to those powers enumerated in 5,178
Chapters 123. and 125. of the Revised Code and as provided 5,179
elsewhere by law, the powers, duties, and functions of the 5,180
department of administrative services not specifically vested in 5,181
and assigned to, or to be performed by, the state personnel board 5,182
of review are hereby vested in and assigned to, and shall be 5,183
124
performed by, the director of administrative services. These 5,185
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 5,186
(A) To prepare, conduct, and grade all competitive 5,188
examinations for positions in the classified state service; 5,189
(B) To prepare, conduct, and grade all noncompetitive 5,191
examinations for positions in the classified state service; 5,192
(C) To prepare eligible lists containing the names of 5,194
persons qualified for appointment to positions in the classified 5,195
state service; 5,196
(D) To prepare or amend, in accordance with section 124.14 5,198
of the Revised Code, specifications descriptive of duties, 5,199
responsibilities, requirements, and desirable qualifications of 5,200
the various classifications of positions in the state service; 5,201
(E) To allocate and reallocate, upon the motion of the 5,204
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 5,205
office, or employment in the state service to the appropriate 5,206
classification on the basis of the duties, responsibilities, 5,207
requirements, and qualifications of such position, office, or 5,208
employment;
(F) To develop and conduct personnel recruitment services 5,210
for positions in the state service; 5,211
(G) To conduct research on specifications, 5,213
classifications, and salaries of positions in the state service; 5,214
(H) To develop and conduct personnel training programs in 5,216
cooperation with appointing authorities; 5,217
(I) To enter into agreements with universities and 5,219
colleges for in-service training of personnel in the state CIVIL 5,221
service; 5,222
(J) To appoint such examiners, inspectors, clerks, and 5,224
other assistants as are necessary in the exercise of the powers 5,225
and performance of the duties and functions which the director is 5,226
by law authorized and required to exercise and perform and to 5,227
125
prescribe the duties of all such employees; 5,228
(K) To maintain a journal, which shall be open to public 5,230
inspection, in which the director shall keep a record of the 5,232
director's final decision pertaining to the classification or 5,233
reclassification of positions in the state classified service and 5,234
assignment or reassignment of employees in the state classified 5,235
service to specific position classifications; 5,236
(L) To delegate any of the powers, functions, or duties 5,238
granted or assigned to the director under this chapter to any 5,239
other state agency of this state as the director considers 5,240
necessary; 5,241
(M) To delegate any of the powers, functions, or duties 5,243
granted or assigned to the director under this chapter to any 5,244
political subdivision with the concurrence of the legislative 5,245
authority of the political subdivision. 5,246
Sec. 124.07. The director of administrative services shall 5,255
appoint such examiners, inspectors, clerks, and other assistants 5,256
as are necessary to carry out sections 124.01 to 124.64 of the 5,257
Revised Code. The director may designate persons in or out of 5,258
the official service of the state to serve as examiners or 5,259
assistants under his THE DIRECTOR'S direction. An examiner or 5,260
assistant shall receive such compensation for each day actually 5,262
and necessarily spent in the discharge of his duties as AN 5,263
examiner or assistant as is determined by the director; provided, 5,265
that if any such examiner or assistant is in the official service 5,266
of the state, or any political subdivision thereof OF THE STATE, 5,267
it shall be a part of his THE EXAMINER'S OR ASSISTANT'S official 5,269
duties to render such services in connection with such 5,270
examination without extra compensation.
Each state agency and state-supported college and 5,272
university shall pay the cost of the services and facilities 5,273
furnished to it by the department of administrative services that 5,274
are necessary to provide and maintain payroll services as 5,275
prescribed in section 125.21 of the Revised Code and state merit 5,276
126
standards as prescribed in sections 124.01 to 124.64 of the 5,277
Revised Code for the agency, college, or university. If a 5,278
municipal corporation chooses to use the services and facilities 5,279
furnished by the department that are necessary to provide and 5,280
maintain the standards so prescribed, the municipal corporation 5,281
shall pay the cost of the services and facilities that the 5,282
department furnishes to it. Such charges against a state agency, 5,283
state college or university, or municipal corporation shall be 5,284
computed on a reasonable cost basis in accordance with procedures 5,285
prescribed by the director of budget and management. Any moneys 5,286
the department of administrative services receives from any such 5,287
state agency, college, university, or municipal corporation which 5,288
are in excess of the amount necessary to pay the cost of 5,289
furnishing such services and facilities during any fiscal year 5,290
shall be either refunded to or credited for the ensuing fiscal 5,291
year to the state agency, college, university, or municipal 5,292
corporation that contributed the excess moneys. 5,293
The director of administrative services may enter into an 5,295
agreement with any municipal corporation or other political 5,296
subdivision to furnish services and facilities of the department 5,297
of administrative services in the administration of its merit 5,298
program. Such agreement shall provide that the department of 5,299
administrative services shall be reimbursed for the reasonable 5,300
costs of such services and facilities as determined by the 5,301
director of administrative services. 5,302
All moneys received by the department of administrative 5,304
services as reimbursement for payroll and merit program services 5,305
performed and facilities furnished shall be paid into the state 5,306
treasury to the credit of the personnel HUMAN RESOURCES services 5,307
fund, which is hereby created. 5,309
In counties of the state in which are located cities having 5,311
municipal civil service commissions, the director may designate 5,312
the municipal civil service commission of the largest city within 5,313
such county as his THE DIRECTOR'S agent for the purpose of 5,314
127
carrying out such provisions of sections 124.01 to 124.64 of the 5,316
Revised Code, within such counties, as the director designates. 5,317
Each municipal civil service commission designated as agent of 5,318
the director shall, at the end of each month, render an itemized 5,319
statement to the director of the cost incurred by such commission 5,320
for work done as agent of the director, and the director shall, 5,321
after approving such statement, pay the total amount thereof OF 5,322
IT to the treasurer of such municipal corporation in the same 5,324
manner as other expenses of the department of administrative 5,325
services.
The director, examiners, inspectors, clerks, and assistants 5,327
shall, in addition to their salaries, receive reimbursement for 5,328
such necessary traveling and other expenses as are incurred in 5,329
the actual discharge of their official duties. The director may 5,330
also incur the necessary expenses for stationery, printing, and 5,331
other supplies incident to the business of the department of 5,332
administrative services. 5,333
Sec. 124.181. (A) Except as provided in division (M) of 5,342
this section, any employee paid under schedule B of section 5,344
124.15 or under schedule E-1 of section 124.152 of the Revised 5,345
Code is eligible for the pay supplements provided herein IN THIS 5,346
SECTION upon application by the appointing authority 5,347
substantiating the employee's qualifications for the supplement 5,348
and with the approval of the director of administrative services 5,349
except as provided in division (E) of this section. 5,350
(B) In computing any of the pay supplements provided in 5,352
this section, the classification salary base shall be the minimum 5,353
hourly rate of the pay range, provided in section 124.15 or 5,354
124.152 of the Revised Code, in which the employee is assigned at 5,355
the time of computation. 5,356
(C) The effective date of any pay supplement, unless 5,358
otherwise provided herein IN THIS SECTION, shall be determined by 5,360
the director. 5,361
(D) The director shall, by rule, establish standards 5,363
128
regarding the administration of this section. 5,364
(E) Except as otherwise provided in this division, 5,366
beginning on the first day of the pay period within which the 5,367
employee completes five years of total service with the state 5,368
government or any of its political subdivisions, each employee in 5,369
positions paid under salary schedule B of section 124.15 or under 5,372
salary schedule E-1 of section 124.152 of the Revised Code shall 5,373
receive an automatic salary adjustment equivalent to two and 5,374
one-half per cent of the classification salary base, to the 5,375
nearest whole cent. Each employee shall receive thereafter an 5,376
annual adjustment equivalent to one-half of one per cent of the 5,377
employee's classification salary base, to the nearest whole cent, 5,378
for each additional year of qualified employment until a maximum 5,379
of ten per cent of the employee's classification salary base is 5,380
reached. The granting of longevity adjustments shall not be 5,381
affected by promotion, demotion, or other changes in 5,382
classification held by the employee, nor by any change in pay 5,383
range for the employee's class. Longevity pay adjustments shall 5,385
become effective at the beginning of the pay period within which 5,386
the employee completes the necessary length of service, except 5,388
that when an employee requests credit for prior service, the 5,389
effective date of the prior service credit and of any longevity 5,390
adjustment shall be the first day of the pay period following 5,391
approval of the credit by the director of administrative 5,392
services. No employee, other than an employee who submits proof 5,393
of prior service within ninety days after the date of the 5,394
employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service 5,395
credit. Time spent on authorized leave of absence shall be 5,396
counted for this purpose. 5,397
An employee who has retired in accordance with the 5,399
provisions of any retirement system offered by the state and who 5,400
is employed by the state or any political subdivision of the 5,401
state on or after June 24, 1987, shall not have prior service 5,402
129
with the state or any political subdivision of the state counted 5,403
for the purpose of determining the amount of the salary 5,404
adjustment provided under this division. 5,405
(F) When an exceptional condition exists that creates a 5,407
temporary or a permanent hazard for one or more positions in a 5,408
class paid under schedule B of section 124.15 or under salary 5,410
schedule E-1 of section 124.152 of the Revised Code, a special 5,412
hazard salary adjustment may be granted for the time the employee 5,413
is subjected to the hazardous condition. All special hazard 5,414
conditions shall be identified for each position and incidence 5,415
from information submitted to the director on an appropriate form 5,416
provided by the director and categorized into standard conditions 5,417
of: some unusual hazard not common to the class; considerable 5,418
unusual hazard not common to the class; and exceptional hazard 5,419
not common to the class.
(1) A hazardous salary adjustment of five per cent of the 5,421
employee's classification salary base may be applied in the case 5,422
of some unusual hazardous condition not common to the class for 5,423
those hours worked, or a fraction thereof, while the employee was 5,424
subject to the unusual hazard condition. 5,425
(2) A hazardous salary adjustment of seven and one-half 5,427
per cent of the employee's classification salary base may be 5,428
applied in the case of some considerable hazardous condition not 5,429
common to the class for those hours worked, or a fraction 5,430
thereof, while the employee was subject to the considerable 5,431
hazard condition. 5,432
(3) A hazardous salary adjustment of ten per cent of the 5,434
employee's classification salary base may be applied in the case 5,435
of some exceptional hazardous condition not common to the class 5,436
for those hours WORKED, or a fraction thereof, when the employee 5,437
was subject to the exceptional hazard condition. 5,438
(4) Each claim for temporary hazard pay shall be submitted 5,440
as a separate payment and shall be subject to an administrative 5,441
audit by the director as to the extent and duration of the 5,442
130
employee's exposure to the hazardous condition. 5,443
(G) When a full-time employee whose salary or wage is paid 5,445
directly by warrant of the auditor of state and who also is 5,446
eligible for overtime under the "Fair Labor Standards Act of 5,448
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is 5,449
ordered by the appointing authority to report back to work after 5,450
termination of the employee's regular work schedule and the 5,451
employee reports, the employee shall be paid for such time. The 5,453
employee shall be entitled to four hours at the employee's total 5,454
rate of pay or overtime compensation for the actual hours worked, 5,455
whichever is greater. This division does not apply to work that 5,457
is a continuation of or immediately preceding an employee's 5,458
regular work schedule.
(H) When a certain position or positions paid under 5,460
schedule B of section 124.15 or under salary schedule E-1 of 5,462
section 124.152 of the Revised Code require the ability to speak 5,463
or write a language other than English, a special pay supplement 5,464
may be granted to attract bilingual individuals, to encourage 5,465
present employees to become proficient in other languages, or to 5,466
retain qualified bilingual employees. The bilingual pay 5,467
supplement provided herein IN THIS DIVISION may be granted in the 5,468
amount of five per cent of the employee's classification salary 5,470
base for each required foreign language and shall remain in 5,471
effect as long as the bilingual requirement exists. 5,472
(I) The director may establish a shift differential for 5,474
employees. Such differential shall be paid to employees in 5,475
positions working in other than the regular or first shift. In 5,476
those divisions or agencies where only one shift prevails, no 5,477
shift differential shall be paid regardless of the hours of the 5,478
day that are worked. The director and the appointing authority 5,479
shall designate which positions shall be covered by this section 5,480
DIVISION. 5,481
(J) Whenever an employee is assigned to work in a higher 5,483
level position for a continuous period of more than two weeks but 5,484
131
no more than two years because of a vacancy, the employee's pay 5,486
may be established at a rate that is approximately four per cent 5,487
above the employee's current base rate for the period the
employee occupies the position, provided that this temporary 5,488
occupancy is approved by the director. Employees paid under this 5,491
provision DIVISION shall continue to receive any of the pay 5,493
supplements due them under provisions OTHER DIVISIONS of this 5,495
section based on the step one base rate for their normal
classification. 5,496
(K) If a certain position, or positions, within a class 5,498
paid under schedule B of section 124.15 or under salary schedule 5,500
E-1 of section 124.152 of the Revised Code are mandated by state 5,501
or federal law or regulation or other regulatory agency or other 5,502
certification authority to have special technical certification, 5,503
registration, or licensing to perform the functions which are 5,504
under the mandate, a special professional achievement pay 5,505
supplement may be granted. This special professional achievement 5,506
pay supplement shall not be granted when all incumbents in all 5,507
positions in a class require license as provided in the 5,508
classification description published by the department of 5,509
administrative services; to licensees where no special or 5,510
extensive training is required; when certification is granted 5,511
upon completion of a stipulated term of in-service training; when 5,512
an appointing authority has required certification; or any other 5,513
condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to 5,515
the requirement must be provided by the agency for each position 5,516
involved, and certification MUST BE received from the director as 5,518
to the director's concurrence for each of the positions so 5,519
affected.
(2) The professional achievement pay supplement provided 5,521
herein IN THIS DIVISION shall be granted in an amount up to ten 5,522
per cent of the employee's classification salary base and shall 5,524
remain in effect as long as the mandate exists. 5,525
132
(L) Those employees assigned to teaching supervisory, 5,527
principal, assistant principal, or superintendent positions who 5,528
have attained a higher educational level than a basic bachelor's 5,529
degree may receive an educational pay supplement to remain in 5,530
effect as long as the employee's assignment and classification 5,531
remain the same. 5,532
(1) An educational pay supplement of two and one-half per 5,534
cent of the employee's classification salary base may be applied 5,535
upon the achievement of a bachelor's degree plus twenty quarter 5,536
hours of postgraduate work. 5,537
(2) An educational pay supplement of an additional five 5,539
per cent of the employee's classification salary base may be 5,540
applied upon achievement of a master's degree. 5,541
(3) An educational pay supplement of an additional two and 5,543
one-half per cent of the employee's classification salary base 5,544
may be applied upon achievement of a master's degree plus thirty 5,545
quarter hours of postgraduate work. 5,546
(4) An educational pay supplement of five per cent of the 5,548
employee's classification salary base may be applied when the 5,549
employee is performing as a master teacher. 5,550
(5) An educational pay supplement of five per cent of the 5,552
employee's classification salary base may be applied when the 5,553
employee is performing as a special education teacher. 5,554
(6) Those employees in teaching supervisory, principal, 5,556
assistant principal, or superintendent positions who are 5,557
responsible for specific extracurricular activity programs shall 5,558
receive overtime pay for those hours worked in excess of their 5,559
normal schedule, at their straight time hourly rate up to a 5,560
maximum of five per cent of their regular base salary in any 5,561
calendar year. 5,562
(M)(1) A state agency, board, or commission may establish 5,564
a supplementary compensation schedule for those licensed 5,565
physicians employed by the agency, board, or commission in 5,566
positions requiring a licensed physician. The supplementary 5,567
133
compensation schedule, together with the compensation otherwise 5,568
authorized by this chapter, shall provide for the total 5,569
compensation for these employees to range appropriately, but not 5,570
necessarily uniformly, for each classification title requiring a 5,571
licensed physician, in accordance with a schedule approved by the 5,572
state controlling board. The individual salary levels 5,573
recommended for each such physician employed shall be approved by 5,574
the director. Notwithstanding section 124.11 of the Revised 5,575
Code, such personnel are in the unclassified civil service. 5,576
(2) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY APPROVE 5,578
SUPPLEMENTARY COMPENSATION FOR THE DIRECTOR OF HEALTH, IF THE 5,579
DIRECTOR IS A LICENSED PHYSICIAN, IN ACCORDANCE WITH A 5,580
SUPPLEMENTARY COMPENSATION SCHEDULE APPROVED UNDER DIVISION 5,581
(M)(1) OF THIS SECTION OR IN ACCORDANCE WITH ANOTHER 5,582
SUPPLEMENTARY COMPENSATION SCHEDULE THE DIRECTOR OF
ADMINISTRATIVE SERVICES CONSIDERS APPROPRIATE. THE 5,583
SUPPLEMENTARY COMPENSATION SHALL NOT EXCEED TWENTY PER CENT OF 5,584
THE DIRECTOR OF HEALTH'S BASE RATE OF PAY.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 5,586
117.36, 117.42, and 131.02 of the Revised Code, the state shall 5,588
not institute any civil action to recover and shall not seek 5,589
reimbursement for overpayments made in violation of division (E) 5,590
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 5,591
October 31, 1993. 5,592
(O) Employees of the office of the treasurer of state who 5,594
are exempt from collective bargaining coverage may be granted a 5,595
merit pay supplement of up to one and one-half per cent of their 5,596
step rate. The rate at which this supplement is granted shall be 5,597
based on performance standards established by the treasurer of 5,598
state. Any supplements granted under this division shall be 5,599
administered on an annual basis.
Sec. 125.023. During the period of an emergency as defined 5,608
in section 5502.21 of the Revised Code, the department of 5,609
134
administrative services may suspend, with regard to the emergency 5,610
management agency established in section 5502.22 of the Revised 5,611
Code or any other state agency participating in recovery 5,612
activities as defined in section 5502.21 of the Revised Code, the 5,613
purchasing and contracting requirements contained in sections 5,615
125.02 to 125.111 of the Revised Code and any of the requirements 5,616
of Chapter 153. of the Revised Code that otherwise would apply to 5,617
the agency. The director of public safety or the deputy 5,618
EXECUTIVE director of the emergency management agency shall make 5,620
the request for the suspension of these requirements to the
department of administrative services concurrently with the 5,622
request to the governor or the president of the United States for 5,623
the declaration of an emergency. The governor also shall include 5,624
in any proclamation the governor issues declaring an emergency 5,625
language requesting the suspension of those requirements during 5,626
the period of the emergency. 5,627
Sec. 125.111. (A) Every contract for or on behalf of the 5,636
state or any of its political subdivisions for any purchase shall 5,637
contain provisions similar to those required by section 153.59 of 5,638
the Revised Code in the case of construction contracts by which 5,639
the contractor agrees to both of the following: 5,640
(1) That, in the hiring of employees for the performance 5,642
of work under the contract or any subcontract, no contractor or 5,643
subcontractor shall, by reason of race, color, religion, sex, 5,644
age, handicap, national origin, or ancestry, discriminate against 5,645
any citizen of this state in the employment of a person qualified 5,646
and available to perform the work to which the contract relates; 5,647
(2) That no contractor, subcontractor, or any person 5,649
acting on behalf of any contractor or subcontractor shall, in any 5,650
manner, discriminate against, intimidate, or retaliate against 5,651
any employee hired for the performance of work under the contract 5,652
on account of race, color, religion, sex, age, handicap, national 5,653
origin, or ancestry. 5,654
(B) All contractors from whom the state or any of its 5,656
135
political subdivisions make purchases shall have a written 5,657
affirmative action program for the employment and effective 5,658
utilization of economically disadvantaged persons, as defined 5,659
REFERRED TO in DIVISION (E)(1) OF section 122.71 of the Revised 5,661
Code. Annually, each such contractor shall file a description of 5,663
the affirmative action program and a progress report on its 5,664
implementation with the Ohio civil rights commission and the 5,666
minority business development office established under section 5,667
122.92 of the Revised Code EQUAL EMPLOYMENT OPPORTUNITY OFFICE OF 5,668
THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 5,669
Sec. 125.15. All state agencies required to secure any 5,679
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 5,680
make acquisition in the manner and upon forms prescribed by the 5,681
director of administrative services and shall reimburse the 5,682
department for the equipment, materials, supplies, services, or 5,683
contracts of insurance, including a reasonable sum to cover the 5,684
department's administrative costs, wherever WHENEVER 5,685
reimbursement is required by the department. The money so paid 5,686
shall be deposited in the state treasury to the credit of the 5,687
general services fund, computer services fund, or 5,689
telecommunication THE INFORMATION TECHNOLOGY fund, as 5,690
appropriate. Such funds are hereby created. 5,691
Sec. 125.28. Each state agency that is supported in whole 5,700
or in part by nongeneral revenue fund money and that occupies 5,701
space in the James A. Rhodes or Frank J. Lausche state office 5,702
tower, Toledo government center, Senator Oliver R. Ocasek 5,703
government office building, Vern Riffe center for government and 5,704
the arts, state of Ohio computer center, capitol square, or 5,705
governor's mansion shall reimburse the general revenue fund for 5,706
the cost of occupying such THE space in the ratio that the 5,707
occupied space in each facility attributable to such money bears 5,709
to the total space occupied by the state agency in the facility. 5,710
All agencies that occupy space in the old blind school, OR 5,713
136
the Ohio departments building, or THAT OCCUPY WAREHOUSE SPACE IN 5,714
the general services facility shall reimburse the department for 5,716
the cost of occupying such THE space. The director of 5,718
administrative services shall determine the amount of debt 5,719
service, if any, to be charged to building tenants and shall 5,720
collect reimbursements therefor FOR IT. 5,721
Each agency that is supported in whole or in part by 5,723
nongeneral revenue fund money and that occupies space in any 5,724
other facility or facilities owned and maintained by the 5,725
department of administrative services OR SPACE IN THE GENERAL 5,726
SERVICES FACILITY OTHER THAN WAREHOUSE SPACE shall reimburse the 5,727
department for the cost of occupying such THE space, including 5,728
debt service, if any, in the ratio that the occupied space in 5,730
each facility attributable to such money bears to the total space 5,731
occupied by the state agency in the facility. 5,732
The director of administrative services may provide 5,734
building maintenance services AND SKILLED TRADES SERVICES to any 5,735
state agency occupying space in a facility THAT IS not owned by 5,737
the department of administrative services and MAY collect 5,738
reimbursements for the cost of providing such services. 5,739
All money collected by the department for operating 5,742
expenses of facilities owned or maintained by the department 5,743
shall be deposited into the state treasury to the credit of the 5,744
facilities BUILDING management fund, which is hereby created. 5,746
ALL MONEY COLLECTED BY THE DEPARTMENT FOR SKILLED TRADES SERVICES 5,747
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE
SKILLED TRADES FUND, WHICH IS HEREBY CREATED. All money 5,748
collected for debt service shall be deposited into the general 5,750
revenue fund.
The director of administrative services shall determine the 5,752
reimbursable cost of space in state-owned or state-leased 5,754
facilities and shall collect reimbursements therefor FOR THAT 5,755
COST.
Sec. 126.12. (A) The office of budget and management 5,764
137
shall prepare and administer a statewide indirect cost allocation 5,766
plan that provides for the recovery of statewide indirect costs 5,767
from any fund of the state. The director of budget and 5,768
management may make transfers of statewide indirect costs from 5,769
the appropriate fund of the state to the general revenue fund on 5,770
an intrastate transfer voucher. The director, for reasons of 5,771
sound financial management, also may waive the recovery of 5,772
statewide indirect costs. Prior to making a transfer in 5,773
accordance with this division, the director shall notify the 5,774
affected agency of the amounts to be transferred. 5,775
(B) As used in this section, "statewide indirect costs" 5,777
means operating costs incurred by an agency in providing services 5,778
to any other agency, for which there was no billing to such other 5,779
agency for the services provided, and for which disbursements 5,780
have been made from the general revenue fund. 5,781
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 5,783
IN ORDER TO REDUCE THE PAYMENT OF ADJUSTMENTS TO THE FEDERAL 5,784
GOVERNMENT AS DETERMINED UNDER THE PLAN PREPARED UNDER DIVISION 5,785
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL, 5,786
ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH FISCAL YEAR, 5,787
DESIGNATE SUCH FUNDS OF THE STATE AS THE DIRECTOR CONSIDERS 5,788
NECESSARY TO RETAIN THEIR OWN INTEREST EARNINGS. 5,789
Sec. 126.21. (A) The director of budget and management 5,798
shall do all of the following: 5,800
(A)(1) Keep all necessary accounting records; 5,802
(B)(2) Prescribe and maintain the accounting system of the 5,804
state and establish appropriate accounting procedures and charts 5,805
of accounts; 5,806
(C)(3) Establish procedures for the use of written, 5,808
electronic, optical, or other communications media for approving 5,810
payment vouchers;
(D)(4) Reconcile, in the case of any variation between the 5,812
amount of any appropriation and the aggregate amount of items 5,813
thereof OF THE APPROPRIATION, with the advice and assistance of 5,814
138
the state agency affected thereby BY IT and the legislative 5,816
budget office of the legislative service commission, totals so as 5,817
to correspond in the aggregate with the total appropriation. In 5,818
the case of a conflict between the item and the total of which it 5,819
is a part, the item shall be considered the intended 5,820
appropriation.
(E)(5) Evaluate on an ongoing basis and, if necessary, 5,822
recommend improvements to the internal controls used in state 5,823
agencies; 5,824
(F)(6) Authorize the establishment of petty cash accounts. 5,827
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to 5,828
return to the state treasury any unexpended balance shown by the 5,830
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 5,832
expenditures of such THE petty cash and shall report when 5,833
requested the balance of petty cash on hand at any time. 5,835
(G)(7) Process orders, invoices, vouchers, claims, and 5,837
payrolls and prepare financial reports and statements; 5,838
(H)(8) Perform such extensions, reviews, and compliance 5,841
checks prior to approving a payment as the director considers 5,842
necessary; 5,843
(I)(9) Issue the official comprehensive annual financial 5,845
report of the state. The report shall cover all funds and 5,846
account groups of the state reporting entity and shall include 5,847
general purpose financial statements prepared in accordance with 5,848
generally accepted accounting principles and such other 5,849
information as the director provides. All state agencies, 5,850
authorities, institutions, offices, retirement systems, and other 5,851
component units of the state reporting entity as determined by 5,852
the director shall furnish the director whatever financial 5,853
statements and other information the director requests for the 5,855
report, in such THE form, at such THE times, covering such THE 5,856
periods, and with such THE attestation as the director 5,857
139
prescribes. The information for state institutions of higher 5,858
education, as such term is defined in section 3345.011 of the 5,859
Revised Code, shall be submitted to the director by the Ohio 5,860
board of regents. The board shall establish a due date by which 5,861
each such institution shall submit the information to the board, 5,862
but no such date shall be later than one hundred twenty days 5,863
after the end of the state fiscal year unless a later date is 5,864
approved by the director.
(B) IN ADDITION TO THE DIRECTOR'S DUTIES UNDER DIVISION 5,867
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
ESTABLISH AND ADMINISTER ONE OR MORE STATE PAYMENT CARD PROGRAMS 5,868
THAT PERMIT OR REQUIRE STATE AGENCIES TO USE A PAYMENT CARD TO 5,869
PURCHASE EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES IN 5,870
ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR. THE DIRECTOR 5,871
MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE THE PAYMENT
CARDS AND PAYMENT CARD SERVICES. STATE AGENCIES MAY ONLY 5,872
PARTICIPATE IN STATE PAYMENT CARD PROGRAMS THAT THE DIRECTOR 5,873
ESTABLISHES PURSUANT TO THIS SECTION.
Sec. 126.25. The accounting services provided by the 5,882
director of budget and management shall be supported by user 5,883
charges. He THE DIRECTOR shall determine a rate that is 5,885
sufficient to defray the expense of such THOSE services and the 5,886
manner by which such THOSE charges shall be collected. All money 5,887
collected from user charges shall be deposited in the state 5,888
treasury to the credit of the state accounting fund, which is 5,889
hereby created. REBATES OR REVENUE SHARES RECEIVED FROM ANY 5,890
STATE PAYMENT CARD PROGRAM ESTABLISHED UNDER DIVISION (B) OF 5,891
SECTION 126.21 OF THE REVISED CODE AND MISCELLANEOUS PAYMENTS
THAT REIMBURSE EXPENSES PAID FROM THE STATE ACCOUNTING FUND MAY 5,892
BE DEPOSITED INTO THE STATE ACCOUNTING FUND AND USED TO SUPPORT 5,893
ACCOUNTING SERVICES.
Sec. 126.31. (A) Any officer, member, or employee of, or 5,902
consultant to, the general assembly, supreme court, court of 5,903
appeals, court of claims, any agency of any of these, or any 5,904
140
state university or college as defined in division (A)(1) of 5,905
section 3345.12 of the Revised Code, may be reimbursed for his 5,906
actual and necessary traveling and other expenses incurred while 5,907
attending any gathering, conference, or convention, or while 5,908
performing official duties, inside or outside this state, if 5,909
authorized by the general assembly or by that court, agency, 5,910
university, or college, respectively. Reimbursement shall be 5,911
made in the manner, and at rates that do not exceed those, 5,912
prescribed by law or, in the absence of such law, in the manner, 5,913
and at rates that do not exceed those, established by the general 5,914
assembly or by that court, agency, university, or college, 5,915
respectively. 5,916
(B) Any officer, member, or employee of, or consultant to, 5,918
any other state agency, OTHER THAN A STATE AGENCY DESCRIBED IN 5,920
DIVISION (A) OF THIS SECTION, whose compensation is paid in whole 5,921
or in part from state funds may be reimbursed DIRECTLY for his 5,922
actual and necessary traveling and other expenses incurred while 5,923
THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT IS attending any 5,925
gathering MEETING, conference, or RETREAT, convention, OR SIMILAR 5,926
GATHERING, or while THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT 5,928
IS performing official duties, inside or outside this state, if 5,929
authorized by that state agency, OR THE PROVIDER OF GOODS OR 5,930
SERVICES TO THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT MAY BE 5,931
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,932
Notwithstanding any other statute to the contrary, reimbursement 5,933
TO THE OFFICER, MEMBER, EMPLOYEE, CONSULTANT, OR PROVIDER shall 5,934
be made in the manner, and at rates that do not exceed those, 5,935
provided by rule of the director of budget and management adopted 5,936
in accordance with Chapter 119. SECTION 111.15 of the Revised 5,938
Code. Not later than the thirtieth day of September each year, 5,939
the director of budget and management shall submit to the 5,940
president and minority leader of the senate and the speaker and 5,941
minority leader of the house of representatives a summary of all 5,942
out-of-state travel expenditures reimbursed by any such state
141
agencies UNDER THIS DIVISION during the preceding fiscal year. 5,943
(C) The spouse of the governor may be reimbursed DIRECTLY 5,946
for the spouse's actual and necessary traveling and other 5,948
expenses incurred while attending any gathering MEETING,
conference, or RETREAT, convention, OR SIMILAR GATHERING to 5,950
assist or serve the governor in the discharge of the governor's 5,951
official duties, or while otherwise assisting or serving the 5,952
governor in the discharge of the governor's official duties, 5,953
inside or outside this state, if authorized by the governor, OR 5,954
THE PROVIDER OF GOODS OR SERVICES TO THE GOVERNOR'S SPOUSE MAY BE 5,955
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,956
Notwithstanding any other statute to the contrary, reimbursement 5,957
made under this division is exclusively for the use and benefit 5,958
of the governor's spouse and shall not be considered as inuring 5,959
to the use or benefit of the governor for any purpose. 5,960
Reimbursement shall be made in the manner, and at rates that do 5,961
not exceed those, provided by rule of the director of budget and 5,962
management adopted in accordance with Chapter 119. SECTION 111.15 5,963
of the Revised Code.
(D) THE DIRECTOR OF BUDGET AND MANAGEMENT, BY RULE ADOPTED 5,965
IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE, MAY 5,966
ESTABLISH MAXIMUM ALLOWABLE EXPENSES AND ASSOCIATED REASONABLE 5,967
RATES THAT A STATE AGENCY, WHOSE OFFICERS, MEMBERS, EMPLOYEES, 5,968
AND CONSULTANTS ARE SUBJECT TO DIVISION (B) OF THIS SECTION, MAY 5,969
INCUR FOR MEETINGS, CONFERENCES, RETREATS, CONVENTIONS, AND OTHER
SIMILAR GATHERINGS, AND MAY ESTABLISH THE MANNER IN WHICH THOSE 5,970
MAXIMUM ALLOWABLE EXPENSES MAY BE INCURRED BY THAT TYPE OF STATE 5,971
AGENCY FOR THOSE GATHERINGS. THE STATE AGENCY SHALL COMPLY WITH 5,972
THE RULES ADOPTED UNDER THIS DIVISION. 5,973
Sec. 126.32. (A) Any officer of any state agency may 5,982
authorize reimbursement for travel, INCLUDING THE COSTS OF 5,983
TRANSPORTATION, FOR lodging, and FOR meals to any person who is 5,985
interviewing for a position that is classified as pay range 33 or 5,986
above in schedule B of section 124.15 of the Revised Code or in 5,987
142
pay range 13 or above in schedule E-1 of section 124.152 of the 5,988
Revised Code, or is classified in schedule C of section 124.15 or 5,989
in schedule E-2, of section 124.152 of the Revised Code. 5,990
(B) If a person is appointed to a position listed in 5,992
section 121.03 of the Revised Code, to another comparable THE 5,993
position OF ADMINISTRATOR OF WORKERS' COMPENSATION AFTER AUGUST 5,994
31, 2000, CHAIRPERSON OF THE INDUSTRIAL COMMISSION, ADJUTANT 5,995
GENERAL, CHANCELLOR OF THE OHIO BOARD OF REGENTS, SUPERINTENDENT 5,996
OF PUBLIC INSTRUCTION, CHAIRPERSON OF THE PUBLIC UTILITIES 5,997
COMMISSION OF OHIO, OR DIRECTOR OF THE STATE LOTTERY COMMISSION, 5,998
to a position holding a fiduciary relationship to the governor, 6,000
to a position of an appointing authority of the department of 6,001
mental health, mental retardation and developmental disabilities, 6,002
or rehabilitation and correction, to a position of superintendent 6,003
in the department of youth services, or to a position under 6,004
section 122.05 of the Revised Code, and such IF THAT appointment 6,005
requires a permanent change of residence, the appropriate state 6,006
agency may reimburse the person for his THE PERSON'S actual and 6,007
necessary expenses, INCLUDING THE COST OF IN-TRANSIT STORAGE OF 6,008
HOUSEHOLD GOODS AND PERSONAL EFFECTS, of moving himself THE 6,009
PERSON and members of his THE PERSON'S immediate family residing 6,011
in his THE PERSON'S household, AND OF MOVING THEIR HOUSEHOLD 6,012
GOODS AND PERSONAL EFFECTS, to his THE PERSON'S new location. 6,014
Until such a THAT person moves his THE PERSON'S permanent 6,017
residence to the new location, but not for a period that exceeds 6,018
thirty consecutive days, the state agency may reimburse the 6,019
person for his THE PERSON'S temporary living expenses at the new 6,020
location that he THE PERSON has incurred on behalf of himself THE 6,022
PERSON and members of his THE PERSON'S immediate family residing 6,024
in his THE PERSON'S household. In addition, the state agency may 6,025
reimburse such THAT person for his THE PERSON'S travel expenses 6,026
between the new location and his THE PERSON'S former residence 6,028
during this period FOR A MAXIMUM NUMBER OF TRIPS SPECIFIED BY 6,029
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT, BUT THE STATE 6,030
143
AGENCY SHALL NOT REIMBURSE THE PERSON FOR TRAVEL EXPENSES 6,031
INCURRED FOR THOSE TRIPS BY MEMBERS OF THE PERSON'S IMMEDIATE
FAMILY. With the prior written approval of the director of 6,033
budget and management, the maximum thirty-day period for 6,034
temporary living expenses may be extended for a person appointed 6,035
to a position under section 122.05 of the Revised Code. 6,036
The director of development may reimburse a person 6,038
appointed to a position under section 122.05 of the Revised Code 6,039
for his THE PERSON'S actual and necessary expenses of moving 6,040
himself THE PERSON and members of his THE PERSON'S immediate 6,042
family residing in his THE PERSON'S household back to the United 6,044
States AND MAY REIMBURSE A PERSON APPOINTED TO SUCH A POSITION
FOR THE COST OF STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS 6,045
OF THE PERSON AND THE PERSON'S IMMEDIATE FAMILY WHILE THE PERSON 6,046
IS SERVING OUTSIDE THE UNITED STATES, IF THE PERSON'S OFFICE 6,047
OUTSIDE THE UNITED STATES IS THE PERSON'S PRIMARY JOB LOCATION. 6,048
(C) All reimbursement under DIVISION (A) OR (B) OF this 6,051
section shall be made in the manner, and at rates that do not 6,052
exceed those, provided by rule of the director of budget and 6,053
management in accordance with Chapter 119. SECTION 111.15 of the 6,054
Revised Code. REIMBURSEMENTS MAY BE MADE UNDER DIVISION (B) OF 6,055
THIS SECTION DIRECTLY TO THE PERSONS WHO INCURRED THE EXPENSES OR 6,056
DIRECTLY TO THE PROVIDERS OF GOODS OR SERVICES THE PERSONS 6,057
RECEIVE, AS DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 6,058
Sec. 127.16. (A) Upon the request of either a state 6,067
agency or the director of budget and management and after the 6,068
controlling board determines that an emergency or a sufficient 6,069
economic reason exists, the controlling board may approve the 6,071
making of a purchase without competitive selection as provided in
division (B) of this section. 6,072
(B) Except as otherwise provided in this section, no state 6,074
agency, using money that has been appropriated to it directly, 6,075
shall: 6,076
(1) Make any purchase from a particular supplier, that 6,078
144
would amount to fifty thousand dollars or more when combined with 6,079
both the amount of all disbursements to the supplier during the 6,080
fiscal year for purchases made by the agency and the amount of 6,081
all outstanding encumbrances for purchases made by the agency 6,082
from the supplier, unless the purchase is made by competitive 6,083
selection or with the approval of the controlling board; 6,084
(2) Lease real estate from a particular supplier, if the 6,086
lease would amount to seventy-five thousand dollars or more when 6,087
combined with both the amount of all disbursements to the 6,088
supplier during the fiscal year for real estate leases made by 6,089
the agency and the amount of all outstanding encumbrances for 6,090
real estate leases made by the agency from the supplier, unless 6,091
the lease is made by competitive selection or with the approval 6,092
of the controlling board. 6,093
(C) Any person who authorizes a purchase in violation of 6,095
division (B) of this section shall be liable to the state for any 6,096
state funds spent on the purchase, and the attorney general shall 6,097
collect the amount from the person. 6,098
(D) Nothing in division (B) of this section shall be 6,100
construed as: 6,101
(1) A limitation upon the authority of the director of 6,103
transportation as granted in sections 5501.17, 5517.02, and 6,104
5525.14 of the Revised Code; 6,105
(2) Applying to medicaid provider agreements under Chapter 6,107
5111. of the Revised Code or payments or provider agreements 6,110
under disability assistance medical assistance established under 6,111
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 6,113
supplier by a state licensing board under Title XLVII of the 6,114
Revised Code; 6,115
(4) Applying to entertainment contracts for the Ohio state 6,117
fair entered into by the Ohio expositions commission, provided 6,118
that the controlling board has given its approval to the 6,119
commission to enter into such contracts and has approved a total 6,120
145
budget amount for such contracts as agreed upon by commission 6,121
action, and that the commission causes to be kept itemized 6,122
records of the amounts of money spent under each contract and 6,123
annually files those records with the clerk of the house of 6,125
representatives and the clerk of the senate following the close 6,126
of the fair;
(5) Limiting the authority of the chief of the division of 6,128
mines and reclamation to contract for reclamation work with an 6,129
operator mining adjacent land as provided in section 1513.27 of 6,130
the Revised Code; 6,131
(6) Applying to investment transactions and procedures of 6,133
any state agency, except that the agency shall file with the 6,134
board the name of any person with whom the agency contracts to 6,135
make, broker, service, or otherwise manage its investments, as 6,136
well as the commission, rate, or schedule of charges of such 6,137
person with respect to any investment transactions to be 6,138
undertaken on behalf of the agency. The filing shall be in a 6,139
form and at such times as the board considers appropriate. 6,140
(7) Applying to purchases made with money for the per cent 6,142
for arts program established by section 3379.10 of the Revised 6,143
Code; 6,144
(8) Applying to purchases made by the rehabilitation 6,146
services commission of services, or supplies, that are provided 6,147
to persons with disabilities, or to purchases made by the 6,148
commission in connection with the eligibility determinations it 6,149
makes for applicants of programs administered by the social 6,150
security administration; 6,151
(9) Applying to payments by the department of human 6,153
services under section 5111.13 of the Revised Code for group 6,154
health plan premiums, deductibles, coinsurance, and other 6,155
cost-sharing expenses; 6,156
(10) Applying to any agency of the legislative branch of 6,158
the state government; 6,159
(11) Applying to agreements entered into under section 6,161
146
5101.11, 5101.21, or 5101.211 of the Revised Code; 6,162
(12) Applying to purchases of services by the adult parole 6,164
authority under section 2967.14 of the Revised Code or by the 6,165
department of youth services under section 5139.08 of the Revised 6,166
Code; 6,167
(13) Applying to dues or fees paid for membership in an 6,169
organization or association; 6,170
(14) Applying to purchases of utility services pursuant to 6,172
section 9.30 of the Revised Code; 6,173
(15) Applying to purchases made in accordance with rules 6,175
adopted by the department of administrative services of motor 6,176
vehicle, aviation, or watercraft fuel, or emergency repairs of 6,177
such vehicles; 6,178
(16) Applying to purchases of tickets for passenger air 6,180
transportation; 6,181
(17) Applying to purchases necessary to provide public 6,183
notifications required by law or to provide notifications of job 6,184
openings; 6,185
(18) Applying to the judicial branch of state government; 6,187
(19) Applying to purchases of liquor for resale by the 6,189
department or, on and after July 1, 1997, the division of liquor 6,190
control;
(20) Applying to purchases of motor courier and freight 6,192
services made in accordance with department of administrative 6,193
services rules; 6,194
(21) Applying to purchases from the United States postal 6,196
service and purchases of stamps and postal meter replenishment 6,197
from vendors at rates established by the United States postal 6,198
service; 6,199
(22) Applying to purchases of books, periodicals, 6,201
pamphlets, newspapers, maintenance subscriptions, and other 6,202
published materials; 6,203
(23) Applying to purchases from other state agencies, 6,205
including state-assisted institutions of higher education; 6,206
147
(24) Limiting the authority of the director of 6,208
environmental protection to enter into contracts under division 6,209
(D) of section 3745.14 of the Revised Code to conduct compliance 6,210
reviews, as defined in division (A) of that section; 6,211
(25) Applying to purchases from a qualified nonprofit 6,213
agency pursuant to sections 4115.31 to 4115.35 of the Revised 6,214
Code; 6,215
(26) Applying to payments by the department of human 6,217
services to the United States department of health and human 6,218
services for printing and mailing notices pertaining to the tax 6,219
refund offset program of the internal revenue service of the 6,220
United States department of the treasury; 6,221
(27) Applying to contracts entered into by the department 6,223
of mental retardation and developmental disabilities under 6,224
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 6,225
(28) Applying to payments made by the department of mental 6,227
health under a physician recruitment program authorized by 6,228
section 5119.101 of the Revised Code; 6,229
(29) Applying to contracts entered into with persons by 6,231
the director of commerce for unclaimed funds collection and 6,232
remittance efforts as provided in division (F) of section 169.03 6,234
of the Revised Code. The director shall keep an itemized 6,237
accounting of unclaimed funds collected by those persons and 6,238
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 6,240
higher education in accordance with the terms of a contract 6,242
between the vendor and an inter-university purchasing group 6,243
comprised of purchasing officers of state institutions of higher 6,244
education;
(31) APPLYING TO THE DEPARTMENT OF HUMAN SERVICES' 6,246
PURCHASES OF HEALTH ASSISTANCE SERVICES UNDER THE CHILDREN'S 6,247
HEALTH INSURANCE PROGRAM PART I PROVIDED FOR UNDER SECTION 6,248
5101.50 OF THE REVISED CODE OR THE CHILDREN'S HEALTH INSURANCE 6,249
PROGRAM PART II PROVIDED FOR UNDER SECTION 5101.51 OF THE REVISED 6,250
148
CODE.
(E) Notwithstanding division (B)(1) of this section, the 6,252
cumulative purchase threshold shall be seventy-five thousand 6,253
dollars for the departments of mental retardation and 6,254
developmental disabilities, mental health, rehabilitation and 6,255
correction, and youth services. 6,256
(F) When determining whether a state agency has reached 6,258
the cumulative purchase thresholds established in divisions 6,259
(B)(1), (B)(2), and (E) of this section, all of the following 6,260
purchases by such agency shall not be considered: 6,261
(1) Purchases made through competitive selection or with 6,263
controlling board approval; 6,264
(2) Purchases listed in division (D) of this section; 6,266
(3) For the purposes of the thresholds of divisions (B)(1) 6,268
and (E) of this section only, leases of real estate. 6,269
(G) As used in this section, "competitive selection," 6,271
"purchase," "supplies," and "services" have the same meanings as 6,272
in section 125.01 of the Revised Code. 6,273
Sec. 129.55. In the event the moneys to the credit of the 6,282
improvements bond retirement fund created by Section 2f of 6,283
Article VIII, Ohio Constitution, are insufficient to meet in full 6,284
any payment of interest, principal, or charges due for the 6,285
issuance and retirement of bonds or other obligations issued 6,286
pursuant to Section 2f of Article VIII, Ohio Constitution, and 6,287
section 129.50 of the Revised Code, the commissioners of the 6,288
sinking fund shall, within ten days prior to the time any such 6,289
payment is due, SHALL certify to the treasurer of state the total 6,290
amount of such payment, the amount of moneys to the credit of the 6,291
improvements bond retirement fund created by Section 2f of 6,292
Article VIII, Ohio Constitution, and the amount of additional 6,293
money necessary to be credited to such bond retirement fund to 6,294
meet in full the payment of such interest, principal, or charges 6,295
when due. 6,296
Upon receipt of such certification or if on presentation 6,298
149
for payment when due of either principal or interest on the bonds 6,299
or other obligations, there be insufficient moneys in such fund 6,300
to make any such payment, the treasurer of state shall transfer 6,301
the amount of additional moneys necessary to meet such payment to 6,302
the improvements bond retirement fund created by Section 2f of 6,303
Article VIII, Ohio Constitution, from the undistributed revenues 6,304
derived from all excises and taxes of the state, except ad 6,305
valorem taxes on real and personal property, income taxes, and 6,306
fees, excises, or license taxes relating to registration, 6,307
operation, or use of vehicles on public highways, or to fuels 6,308
used for propelling such vehicles, drawing first upon the 6,309
undistributed revenues derived from the tax levied by section 6,310
5743.02 of the Revised Code, then upon the undistributed revenues 6,311
derived from the tax levied by section 5743.32 of the Revised 6,312
Code, then upon the undistributed revenues derived from the tax 6,313
levied by section 5739.02 of the Revised Code, and then from the 6,314
undistributed revenues derived from the taxes levied by sections 6,315
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,316
5729.03, 5731.02, 5731.13, 5733.06, and 5741.02 of the Revised 6,318
Code in proportion to the amount of undistributed revenues 6,319
derived from each such tax. 6,320
Sec. 129.63. (A) The commissioners of the sinking fund 6,329
shall, prior to the twentieth day of December of each year, SHALL 6,332
certify to the treasurer of state: 6,333
(1) The amount of moneys required during the next 6,335
succeeding calendar year to meet in full as they become due 6,336
payments of principal, interest, and charges for the issuance and 6,337
retirement of bonds or notes issued pursuant to Section 2h of 6,338
Article VIII, Ohio Constitution, and section 129.60 of the 6,339
Revised Code, and the date of such payments; 6,340
(2) The amount of money to the credit of the development 6,342
bond retirement fund created under Section 2h of Article VIII, 6,343
Ohio Constitution, on the date the certification is made. 6,344
(B) The commissioners of the sinking fund shall, not 6,346
150
earlier than the thirtieth day nor later than the twentieth day, 6,347
prior to the date any payments of principal, interest, or charges 6,348
for the issuance or retirement of bonds or notes issued under 6,349
Section 2h of Article VIII, Ohio Constitution, and section 129.60 6,350
of the Revised Code become due, SHALL certify to the treasurer of 6,351
state: 6,352
(1) The total amount of such payments, the amount of 6,354
moneys then to the credit of the development bond retirement fund 6,355
created under Section 2h of Article VIII, Ohio Constitution, and 6,356
any amounts of additional money necessary to meet such payments 6,357
in full when due; 6,358
(2) The amount of any payments of principal, interest, or 6,360
charges for the issuance or retirement of bonds or notes issued 6,361
under Section 2f of Article VIII, Ohio Constitution, which will 6,362
become due on or before the tenth day following the date of 6,363
payment set forth in division (B)(1) of this section, the amounts 6,364
then to the credit of the improvements bond retirement fund 6,365
created by Section 2f of Article VIII, Ohio Constitution, and any 6,366
amounts of additional money necessary to meet such payments from 6,367
such fund when due. 6,368
(C) Upon receipt of the certifications required under 6,370
division (B) of this section, the treasurer of state shall: 6,371
(1) Transfer to the improvements bond retirement fund 6,373
created by Section 2f of Article VIII, Ohio Constitution, from 6,374
the revenues authorized by section 129.55 of the Revised Code to 6,375
be paid into such fund and in the order described in such 6,376
section, the amounts of additional money, if any, certified as 6,377
necessary under division (B)(2) of this section to make the 6,378
payments from each of such funds as certified under such 6,379
division; 6,380
(2) Transfer, after making whatever transfers are required 6,382
by division (C)(1) of this section, the additional amounts of 6,383
money, if any, certified as necessary under division (B)(1) of 6,384
this section to make the payments as certified under such 6,385
151
division to the development bond retirement fund created by 6,386
Section 2h of Article VIII, Ohio Constitution, from the 6,387
undistributed revenues derived from all excises and taxes of the 6,388
state, except ad valorem taxes on real and personal property, 6,389
income taxes, and fees, excises or license taxes relating to 6,390
registration, operation, or use of vehicles on the public 6,391
highways, or to fuels used for propelling such vehicles, drawing 6,392
first upon the undistributed revenues derived from the tax levied 6,393
by section 5739.02 of the Revised Code remaining after any 6,394
transfer to the improvements bond retirement fund created by 6,395
Section 2f of Article VIII, Ohio Constitution, of such amounts of 6,396
those revenues as may be required by section 129.55 of the 6,397
Revised Code to be so transferred, and then from the 6,398
undistributed revenues derived from the taxes levied by sections 6,399
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,400
5729.03, 5731.02, 5731.13, 5733.06, 5741.02, 5743.02, and 5743.32 6,402
of the Revised Code in proportion to the amount of undistributed 6,403
revenues from each such tax remaining after the transfer to the 6,404
improvements bond retirement fund created by Section 2f of 6,405
Article VIII, Ohio Constitution, of such amount of those revenues 6,406
as may be required by section 129.55 of the Revised Code to be so 6,407
transferred. 6,408
Sec. 129.73. (A) The commissioners of the sinking fund 6,417
shall, prior to the twentieth day of December of each year, SHALL 6,419
certify to the treasurer of state:
(1) The amount of moneys required during the next 6,421
succeeding calendar year to meet in full, as they become due, 6,422
payments of principal, interest, and charges for the issuance and 6,423
retirement of obligations issued pursuant to Section 2i of 6,424
Article VIII, Ohio Constitution, and former section 129.70 of the 6,425
Revised Code, and the date of such payments; 6,426
(2) The amount of money to the credit of the public 6,428
improvements bond retirement fund created under section 129.72 of 6,429
the Revised Code on the date the certification is made. 6,430
152
(B) The commissioners of the sinking fund shall, not 6,432
earlier than the thirtieth day nor later than the twentieth day, 6,433
prior to the date any payments of principal, interest, or charges 6,434
for the issuance or retirement of obligations issued under 6,435
Section 2i of Article VIII, Ohio Constitution, or former section 6,436
129.70 of the Revised Code become due, SHALL certify to the 6,437
treasurer of state: 6,438
(1) The total amount of such payments of principal, 6,440
interest, or charges, the amount of moneys then to the credit of 6,441
the public improvements bond retirement fund created under 6,442
section 129.72 of the Revised Code which THAT may be expended for 6,444
such payments, and any amounts of additional money necessary to 6,445
meet such payments in full when due; 6,446
(2) The amount of any payments of principal, interest, or 6,448
charges for the issuance or retirement of bonds or notes issued 6,449
under Section 2f of Article VIII, Ohio Constitution, which will 6,450
become due on or before the tenth day following the date of 6,451
payment referred to in division (B)(1) of this section, the 6,452
amount then to the credit of the improvements bond retirement 6,453
fund created by Section 2f of Article VIII, Ohio Constitution, 6,454
and any amounts of additional money necessary to meet such 6,455
payments from such fund when due; 6,456
(3) The amount of any payments of principal, interest, or 6,458
charges for the issuance or retirement of bonds or notes issued 6,459
under Section 2h of Article VIII, Ohio Constitution, which will 6,460
become due on or before the tenth day following the date of 6,461
payment referred to in division (B)(1) of this section, the 6,462
amounts then to the credit of the development bond retirement 6,463
fund created by Section 2h of Article VIII, Ohio Constitution, 6,464
any amounts of additional money necessary to meet such payments 6,465
from such fund when due. 6,466
(C) Upon receipt of the certifications required under 6,468
division (B) of this section, the treasurer of state shall: 6,469
(1) Transfer to the improvements bond retirement fund 6,471
153
created by Section 2f of Article VIII, Ohio Constitution, from 6,472
the revenues authorized by section 129.55 of the Revised Code to 6,473
be paid into such fund and in the order described in such 6,474
section, the amounts of additional money, if any, certified as 6,475
necessary under division (B)(2) of this section to make the 6,476
payments from such fund as certified under such division; 6,477
(2) Transfer to the development bond retirement fund 6,479
created by Section 2h of Article VIII, Ohio Constitution, from 6,480
the revenues authorized by section 129.63 of the Revised Code to 6,481
be paid into such fund and in the order described in such 6,482
section, the amounts of additional money, if any, certified as 6,483
necessary under division (B)(3) of this section to make the 6,484
payments from such fund as certified under such division; 6,485
(3) Transfer, after making whatever transfers are required 6,487
by divisions (C)(1) and (2) of this section, the additional 6,488
amounts of money, if any, certified as necessary under division 6,489
(B)(1) of this section to make the payments of principal, 6,490
interest, or charges as certified under such division to the 6,491
public improvements bond retirement fund created by section 6,492
129.72 of the Revised Code, from the undistributed revenues 6,493
derived from all excises and taxes of the state, except ad 6,494
valorem taxes on real and personal property, income taxes, and 6,495
fees, excises or license taxes relating to registration, 6,496
operation, or use of vehicles on the public highways, or to fuels 6,497
used for propelling such vehicles, which excises and taxes, other 6,498
than those excepted, are and shall be deemed to be levied, in 6,499
addition to the purposes otherwise provided for by law, to 6,500
provide in accordance with the provisions of this section for the 6,501
payment of interest, principal, and charges on tax supported 6,502
obligations, including bonds and notes, issued pursuant to 6,503
Section 2i of Article VIII, Ohio Constitution, and former section 6,504
129.70 of the Revised Code, provided that the treasurer of state 6,505
shall draw first upon the undistributed revenues derived from the 6,506
tax levied by section 5739.02 of the Revised Code remaining after 6,507
154
any transfer to the improvements bond retirement fund created by 6,508
Section 2f of Article VIII, Ohio Constitution, and the 6,509
development bond retirement fund created by Section 2h of Article 6,510
VIII, Ohio Constitution, of such amounts of those revenues as may 6,511
be required by sections 129.55 and 129.63 of the Revised Code to 6,512
be so transferred, and then from the undistributed revenues 6,513
derived from the taxes levied by sections 3769.08, 4301.42, 6,514
4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 6,515
5731.18, 5731.19, 5733.06, 5741.02, 5743.02, and 5743.32 of the 6,517
Revised Code in proportion to the amount of undistributed 6,518
revenues from each such tax remaining after the transfer to the 6,519
improvements bond retirement fund created by Section 2f of 6,520
Article VIII, Ohio Constitution, and the development bond 6,521
retirement fund created by Section 2h of Article VIII, Ohio 6,522
Constitution, of such amount of those revenues as may be required 6,523
by sections 129.55 and 129.63 of the Revised Code to be so 6,524
transferred.
(D) If on presentation for payment when due of either 6,526
principal or interest on obligations issued pursuant to Section 6,527
2i of Article VIII, Ohio Constitution, and former section 129.70 6,528
of the Revised Code, there are insufficient moneys for the 6,529
payment of such principal and interest, the treasurer of state 6,530
shall also transfer to the public improvements bond retirement 6,531
fund from the undistributed revenues referred to in division 6,532
(C)(3) of this section and in the order specified therein such 6,533
additional amounts as may be required for such payments. 6,534
Sec. 131.01. As used in Chapters 113., 117., 123., 124., 6,543
125., 126., 127., and 131. of the Revised Code, and any statute 6,544
that uses the terms in connection with state accounting or 6,545
budgeting: 6,546
(A) "Account" means any record, element, or summary in 6,548
which financial transactions are identified and recorded as debit 6,549
or credit transactions in order to summarize items of a similar 6,550
nature or classification. 6,551
155
(B) "Accounting procedure" means the arrangement of all 6,553
processes which discover, record, and summarize financial 6,554
information to produce financial statements and reports and to 6,555
provide internal control. 6,556
(C) "Accounting system" means the total structure of 6,558
records and procedures which discover, record, classify, and 6,559
report information on the financial position and operations of a 6,560
governmental unit or any of its funds, balanced account groups, 6,561
and organizational components. 6,562
(D) "Allocation" means a portion of an appropriation which 6,564
is designated for expenditure by specific organizational units or 6,565
for special purposes, activities, or objects that do not relate 6,566
to a period of time. 6,567
(E) "Allotment" means all or part of an appropriation 6,569
which may be encumbered or expended within a specific period of 6,570
time. 6,571
(F) "Appropriation" means an authorization granted by the 6,573
general assembly to make expenditures and to incur obligations 6,574
for specific purposes. 6,575
(G) "Assets" means resources owned, controlled, or 6,577
otherwise used or held by the state which have monetary value. 6,578
(H) "Budget" means the plan of financial operation 6,580
embodying an estimate of proposed expenditures and obligations 6,581
for a given period and the proposed means of financing them. 6,582
(I) "Direct deposit" is a form of electronic funds 6,584
transfer in which money is electronically deposited into the 6,585
account of a person or entity at a financial institution. 6,586
(J) "Disbursement" means a payment made for any purpose. 6,588
(K) "Electronic benefit transfer" means the electronic 6,590
delivery of public assistance benefits through automated teller 6,591
machines, point of sale terminals, or other electronic media 6,592
pursuant to section 5101.33 of the Revised Code. 6,593
(L) "Electronic funds transfer" means the electronic 6,595
movement of funds via automated clearing house or wire transfer. 6,596
156
(M) "Encumbrancing document" means a document reserving 6,598
all or part of an appropriation. 6,599
(N) "Expenditure" means a reduction of the balance of an 6,601
appropriation after legal requirements have been met. 6,602
(O) "Fund" means an independent fiscal and accounting 6,604
entity with a self-balancing set of accounts recording cash or 6,605
other resources, together with all related liabilities, 6,606
obligations, reserves, and fund balances which are segregated for 6,607
the purpose of carrying on specific activities or attaining 6,608
certain objectives in accordance with special rules, 6,609
restrictions, or limitations. 6,610
(P) "Lapse" means the automatic termination of an 6,612
appropriation at the end of the fiscal period for which it was 6,613
appropriated. 6,614
(Q) "Reappropriation" means an appropriation of a previous 6,616
appropriation that is continued in force in a succeeding 6,617
appropriation period. "Reappropriation" shall be equated with 6,618
and incorporated in the term "appropriation." 6,619
(R) "Voucher" means the document used to transmit a claim 6,621
for payment and evidentiary matter related to the claim. 6,622
(S) "Warrant" means an order drawn upon the treasurer of 6,624
state by the auditor of state directing the treasurer of state to 6,625
pay a specified amount, including an order to make a lump-sum 6,626
payment to a financial institution for the transfer of funds by 6,627
direct deposit or the drawdown of funds by electronic benefit 6,628
transfer, and the resulting electronic transfer to or by the 6,629
ultimate payees. 6,630
The terms defined in this section shall be used, on all 6,632
accounting forms, reports, formal rules, and budget requests 6,633
produced by a state agency, only as defined in this section. 6,634
Sec. 131.39. IF A STATE AGENCY DETERMINES THAT ALL OR A 6,636
PORTION OF A FEE, FINE, PENALTY, OR OTHER NONTAX PAYMENT MADE TO 6,637
THE AGENCY IS NOT OWED, THE AGENCY MAY REFUND, FROM THE FUND TO 6,638
WHICH THE PAYMENT WAS CREDITED, THE AMOUNT THAT IS NOT OWED. IF 6,639
157
THE AGENCY LACKS SUFFICIENT UNENCUMBERED APPROPRIATIONS TO MAKE 6,640
THE REFUND, THE AGENCY MAY REQUEST THE CONTROLLING BOARD FOR
AUTHORITY TO MAKE THE REFUND. THE BOARD MAY AUTHORIZE THE AGENCY 6,641
TO MAKE THE REFUND UPON A DETERMINATION THAT THE REFUND IS DUE 6,642
AND THAT SUFFICIENT UNENCUMBERED MONEY REMAINS IN THE FUND. 6,643
THIS SECTION DOES NOT SUPERSEDE ANY AUTHORITY TO REFUND A 6,645
PAYMENT THAT AN AGENCY HAS UNDER ANY OTHER LAW. 6,646
Sec. 133.20. (A) This section applies to bonds that are 6,655
general obligation Chapter 133. securities. If the bonds are 6,656
payable as to principal by provision for annual installments, the 6,657
period of limitations on their last maturity, referred to as 6,658
their maximum maturity, shall be measured from a date twelve 6,659
months prior to the first date on which provision for payment of 6,660
principal is made. If the bonds are payable as to principal by 6,661
provision for semiannual installments, the period of limitations 6,662
on their last maturity shall be measured from a date six months 6,663
prior to the first date on which provision for payment of 6,664
principal is made. 6,665
(B) Bonds issued for the following permanent improvements 6,667
or for permanent improvements for the following purposes shall 6,668
have maximum maturities not exceeding the number of years stated: 6,669
(1) Fifty years: 6,671
(a) The clearance and preparation of real property for 6,673
redevelopment as an urban redevelopment project; 6,674
(b) Acquiring, constructing, widening, relocating, 6,676
enlarging, extending, and improving a publicly owned railroad or 6,677
line of railway or a light or heavy rail rapid transit system, 6,678
including related bridges, overpasses, underpasses, and tunnels, 6,679
but not including rolling stock or equipment. 6,680
(2) Forty years: 6,682
(a) General waterworks or water system permanent 6,684
improvements, including buildings, water mains, or other 6,685
structures and facilities in connection therewith; 6,686
(b) Sewers or sewage treatment or disposal works or 6,688
158
facilities, including fireproof buildings or other structures in 6,689
connection therewith; 6,690
(c) Storm water drainage, surface water, and flood 6,692
prevention facilities. 6,693
(3) Thirty years: 6,695
(a) Municipal recreation, excluding recreational 6,697
equipment; 6,698
(b) Urban redevelopment projects; 6,700
(c) Acquisition of real property; 6,702
(d) Street or alley lighting purposes or relocating 6,704
overhead wires, cables, and appurtenant equipment underground. 6,705
(4) Twenty years: constructing, reconstructing, widening, 6,707
opening, improving, grading, draining, paving, extending, or 6,708
changing the line of roads, highways, expressways, freeways, 6,709
streets, sidewalks, alleys, or curbs and gutters, and related 6,710
bridges, viaducts, overpasses, underpasses, grade crossing 6,711
eliminations, service and access highways, and tunnels. 6,712
(5) Fifteen years: 6,714
(a) Resurfacing roads, highways, streets, or alleys; 6,716
(b) Alarm, telegraph, or other communications systems for 6,718
police or fire departments or other emergency services; 6,719
(c) Passenger buses used for mass transportation; 6,721
(d) ENERGY CONSERVATION MEASURES AS AUTHORIZED BY SECTION 6,723
133.06 OF THE REVISED CODE. 6,724
(6) Ten years: 6,726
(a) Water meters; 6,728
(b) Fire department apparatus and equipment; 6,730
(c) Road rollers and other road construction and servicing 6,732
vehicles; 6,733
(d) Furniture, equipment, and furnishings; 6,735
(e) Landscape planting and other site improvements; 6,737
(f) Playground, athletic, and recreational equipment and 6,739
apparatus; 6,740
(g) Energy conservation measures as authorized by section 6,742
159
133.06, 307.041, 505.264, or 717.02 of the Revised Code. 6,743
(7) Five years: New motor vehicles other than those 6,745
described in any other division of this section and those for 6,746
which provision is made in other provisions of the Revised Code. 6,747
(C) Bonds issued for any permanent improvements not within 6,749
the categories set forth in division (B) of this section shall 6,750
have maximum maturities of from five to thirty years as the 6,751
fiscal officer estimates is the estimated life or period of 6,752
usefulness of those permanent improvements. Bonds issued under 6,753
section 133.51 of the Revised Code for purposes other than 6,754
permanent improvements shall have such maturities, not to exceed 6,755
forty years, as the taxing authority shall specify. 6,756
(D) Securities issued under section 505.265 or 717.07 of 6,759
the Revised Code shall mature not later than December 31, 2035. 6,760
(E) A securities issue for one purpose may include 6,762
permanent improvements within two or more categories under 6,763
divisions (B) and (C) of this section. The maximum maturity of 6,764
such a bond issue shall not exceed the average number of years of 6,765
life or period of usefulness of the permanent improvements as 6,766
measured by the weighted average of the amounts expended or 6,767
proposed to be expended for the categories of permanent 6,768
improvements. 6,769
Sec. 135.63. The treasurer of state may invest in linked 6,778
deposits under sections 135.61 to 135.67 and, agricultural linked 6,779
deposits under sections 135.71 to 135.76, AND ASSISTIVE 6,781
TECHNOLOGY DEVICE LINKED DEPOSITS UNDER SECTIONS 135.91 TO 135.97 6,782
of the Revised Code, provided that at the time of placement of 6,784
any linked deposit or UNDER SECTIONS 135.61 TO 135.67 OF THE 6,785
REVISED CODE, agricultural linked deposit, OR ASSISTIVE
TECHNOLOGY DEVICE LINKED DEPOSITS, the combined amount of 6,786
investments in THE linked deposits and, agricultural linked 6,788
deposits, AND ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS is not 6,789
more than twelve per cent of the state's total average investment 6,790
portfolio as determined by the treasurer of state. When deciding 6,791
160
whether to invest in THE linked deposits and, agricultural linked 6,792
deposits, OR ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS, the 6,793
treasurer of state shall give priority to the investment, 6,795
liquidity, and cash flow needs of the state.
Sec. 135.91. AS USED IN SECTIONS 135.91 TO 135.97 OF THE 6,797
REVISED CODE:
(A) "ASSISTIVE TECHNOLOGY DEVICE" MEANS ANY ITEM, PIECE OF 6,799
EQUIPMENT, OR PRODUCT SYSTEM, WHETHER ACQUIRED COMMERCIALLY, 6,800
MODIFIED, OR CUSTOMIZED, THAT IS USED TO INCREASE, MAINTAIN, OR 6,801
IMPROVE THE FUNCTIONAL CAPABILITIES OF AN INDIVIDUAL WITH A 6,802
DISABILITY. "ASSISTIVE TECHNOLOGY DEVICE OR DEVICES" INCLUDES, 6,803
BUT IS NOT LIMITED TO, HEARING AIDS, TEXT TELEPHONES, COMPUTER 6,804
TALKING SOFTWARE, BRAILLE PRINTERS, OPTICAL SCANNERS, CLOSED
CIRCUIT TELEVISION, MANUAL OR MOTORIZED WHEELCHAIRS, AND HOME AND 6,805
VAN MODIFICATIONS.
(B) "DISABILITY" HAS THE SAME MEANING AS IN THE "AMERICANS 6,808
WITH DISABILITIES ACT OF 1990," 104 STAT. 327, 42 U.S.C. 12101. 6,809
(C) "ELIGIBLE INDIVIDUAL WITH A DISABILITY" MEANS ANY OF 6,811
THE FOLLOWING: 6,812
(1) AN INDIVIDUAL WITH A DISABILITY WHO IS A RESIDENT OF 6,814
THIS STATE AND WHOSE INDEPENDENCE AND QUALITY OF LIFE WOULD BE 6,815
IMPROVED BY AN ASSISTIVE TECHNOLOGY DEVICE; 6,816
(2) AN INDIVIDUAL WITH A DISABILITY WHO CANNOT SECURE 6,818
FUNDING THROUGH GOVERNMENTAL SOURCES, PRIVATE INSURANCE, OR OTHER 6,819
MEANS TO OBTAIN ASSISTIVE TECHNOLOGY DEVICES THAT WILL ENABLE 6,820
THAT INDIVIDUAL TO LIVE INDEPENDENTLY AND ENHANCE THAT 6,821
INDIVIDUAL'S EMPLOYMENT OPPORTUNITIES;
(3) A PARENT, CUSTODIAN, OR GUARDIAN WHO APPLIES FOR A 6,823
LOAN AS PROVIDED IN SECTION 135.93 OF THE REVISED CODE ON BEHALF 6,824
OF AN INDIVIDUAL DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. 6,825
(D) "ELIGIBLE LENDING INSTITUTION" MEANS A FINANCIAL 6,827
INSTITUTION THAT IS ELIGIBLE TO MAKE LOANS, IS A PUBLIC 6,828
DEPOSITORY OF STATE FUNDS UNDER SECTION 135.03 OF THE REVISED 6,829
CODE, AND AGREES TO PARTICIPATE IN THE ASSISTIVE TECHNOLOGY
161
DEVICE LINKED DEPOSIT PROGRAM. 6,830
(E) "ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT" MEANS A 6,832
CERTIFICATE OF DEPOSIT PLACED BY THE TREASURER OF STATE WITH AN 6,833
ELIGIBLE LENDING INSTITUTION AT UP TO THREE PER CENT BELOW 6,834
CURRENT MARKET RATES, AS DETERMINED AND CALCULATED BY THE 6,835
TREASURER OF STATE, PROVIDED THE INSTITUTION AGREES TO LEND THE 6,836
VALUE OF THE DEPOSIT, ACCORDING TO THE DEPOSIT AGREEMENT REQUIRED 6,837
BY SECTION 135.92 OF THE REVISED CODE, TO ELIGIBLE INDIVIDUALS
WITH DISABILITIES AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,838
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,839
DISABILITY AT THE TIME OF THE DEPOSIT OF STATE FUNDS IN THE 6,840
INSTITUTION.
Sec. 135.92. (A) AN ELIGIBLE LENDING INSTITUTION SHALL 6,842
ENTER INTO A DEPOSIT AGREEMENT WITH THE TREASURER OF STATE, WHICH 6,843
AGREEMENT SHALL INCLUDE REQUIREMENTS NECESSARY TO CARRY OUT THE 6,844
PURPOSES OF SECTIONS 135.91 TO 135.97 OF THE REVISED CODE. THESE 6,845
REQUIREMENTS SHALL REFLECT THE MARKET CONDITIONS PREVAILING IN 6,846
THE ELIGIBLE LENDING INSTITUTION'S LENDING AREA.
(B)(1) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF 6,848
THIS SECTION SHALL INCLUDE PROVISIONS FOR CERTIFICATES OF DEPOSIT 6,849
TO BE PLACED FOR ANY MATURITY CONSIDERED APPROPRIATE BY THE 6,850
TREASURER OF STATE NOT TO EXCEED TWO YEARS, BUT MAY BE RENEWED 6,851
FOR UP TO AN ADDITIONAL TWO YEARS AT THE OPTION OF THE TREASURER 6,852
OF STATE. INTEREST SHALL BE PAID AT THE TIMES DETERMINED BY THE 6,853
TREASURER OF STATE.
(2) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF THIS 6,855
SECTION MAY INCLUDE A SPECIFICATION OF THE PERIOD OF TIME IN 6,856
WHICH THE LENDING INSTITUTION IS TO LEND FUNDS UPON THE PLACEMENT 6,857
OF A LINKED DEPOSIT.
(C) ELIGIBLE LENDING INSTITUTIONS SHALL COMPLY FULLY WITH 6,859
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE AND WITH THIS 6,860
CHAPTER.
Sec. 135.93. (A) AN ELIGIBLE LENDING INSTITUTION THAT 6,862
DESIRES TO RECEIVE AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT 6,863
162
SHALL ACCEPT AND REVIEW APPLICATIONS FOR LOANS FROM ELIGIBLE 6,864
INDIVIDUALS WITH DISABILITIES. THE LENDING INSTITUTION SHALL 6,865
APPLY ALL USUAL LENDING STANDARDS TO DETERMINE THE
CREDITWORTHINESS OF EACH ELIGIBLE INDIVIDUAL WITH A DISABILITY. 6,866
(B)(1) THE ELIGIBLE FINANCIAL INSTITUTION SHALL FORWARD TO 6,868
THE TREASURER OF STATE AN ASSISTIVE TECHNOLOGY DEVICE LINKED 6,869
DEPOSIT LOAN PACKAGE, IN THE FORM AND MANNER AS PRESCRIBED BY THE 6,870
TREASURER OF STATE.
(2) THE PACKAGE REQUIRED BY DIVISION (B)(1) OF THIS 6,872
SECTION SHALL INCLUDE SUCH INFORMATION AS REQUIRED BY THE 6,873
TREASURER OF STATE, INCLUDING THE AMOUNT OF THE LOAN REQUESTED 6,874
AND A NOTE FROM THE PHYSICIAN OF THE ELIGIBLE INDIVIDUAL WITH A 6,875
DISABILITY THAT ATTESTS TO THE INDIVIDUAL'S DISABILITY, SPECIFIES 6,876
THAT THE INDIVIDUAL WOULD BENEFIT FROM AN ASSISTIVE TECHNOLOGY 6,877
DEVICE, AND IDENTIFIES WHAT ASSISTIVE TECHNOLOGY DEVICE WOULD BE 6,878
THE MOST APPROPRIATE FOR THE INDIVIDUAL.
(3) THE INSTITUTION SHALL CERTIFY THAT EACH APPLICANT IS 6,880
AN ELIGIBLE INDIVIDUAL WITH A DISABILITY, AND SHALL CERTIFY THE 6,881
PRESENT BORROWING RATE APPLICABLE TO EACH ELIGIBLE INDIVIDUAL. 6,882
(C) AN ELIGIBLE INDIVIDUAL WITH A DISABILITY SHALL CERTIFY 6,884
ON THE INDIVIDUAL'S LOAN APPLICATION THAT THE REDUCED RATE LOAN 6,885
WILL BE USED EXCLUSIVELY TO OBTAIN AN ASSISTIVE TECHNOLOGY 6,886
DEVICE.
(D) WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN OR 6,888
CONCERNING AN INDIVIDUAL'S APPLICATION FOR A LOAN UNDER SECTIONS 6,889
135.91 TO 135.97 OF THE REVISED CODE IS GUILTY OF THE OFFENSE OF 6,890
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE.
Sec. 135.94. (A) UPON THE PLACEMENT OF AN ASSISTIVE 6,892
TECHNOLOGY DEVICE LINKED DEPOSIT WITH AN ELIGIBLE LENDING 6,893
INSTITUTION, THE INSTITUTION SHALL LEND FUNDS TO EACH APPROVED 6,894
ELIGIBLE INDIVIDUAL WITH DISABILITIES LISTED IN THE ASSISTIVE 6,895
TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE REQUIRED BY SECTION 6,896
135.93 OF THE REVISED CODE AND IN ACCORDANCE WITH THE DEPOSIT
AGREEMENT REQUIRED BY SECTION 135.92 OF THE REVISED CODE. 6,897
163
(B) THE LOAN OF FUNDS DESCRIBED IN DIVISION (A) OF THIS 6,899
SECTION SHALL BE AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,900
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,901
DISABILITY.
(C) AN ELIGIBLE LENDING INSTITUTION SHALL CERTIFY 6,903
COMPLIANCE WITH THIS SECTION IN THE FORM AND MANNER PRESCRIBED BY 6,904
THE TREASURER OF STATE.
Sec. 135.95. (A) THE TREASURER OF STATE MAY ACCEPT OR 6,906
REJECT AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE 6,907
OR ANY PORTION OF THE PACKAGE REQUIRED BY SECTION 135.93 OF THE 6,908
REVISED CODE, BASED ON THE TREASURER'S EVALUATION OF EACH 6,909
ELIGIBLE INDIVIDUAL WITH DISABILITIES INCLUDED IN THE PACKAGE AND
THE AMOUNT OF STATE FUNDS TO BE DEPOSITED. 6,910
(B) UPON ACCEPTANCE OF THE ASSISTIVE TECHNOLOGY DEVICE 6,912
LINKED DEPOSIT LOAN PACKAGE OR ANY PORTION OF THE PACKAGE 6,913
REQUIRED BY SECTION 135.93 OF THE REVISED CODE, THE TREASURER OF 6,914
STATE MAY PLACE CERTIFICATES OF DEPOSIT WITH THE ELIGIBLE LENDING 6,915
INSTITUTION AT THREE PER CENT BELOW CURRENT MARKET RATES, AS
DETERMINED AND CALCULATED BY THE TREASURER OF STATE. HOWEVER, 6,916
WHEN NECESSARY, THE TREASURER OF STATE MAY PLACE CERTIFICATES OF 6,917
DEPOSIT PRIOR TO ACCEPTANCE OF AN ASSISTIVE TECHNOLOGY DEVICE 6,918
LINKED DEPOSIT LOAN PACKAGE.
Sec. 135.96. (A) THE TREASURER OF STATE SHALL TAKE ALL 6,920
STEPS, INCLUDING THE DEVELOPMENT OF GUIDELINES, NECESSARY TO 6,921
IMPLEMENT THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT PROGRAM 6,922
ESTABLISHED UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE 6,923
AND MONITOR COMPLIANCE OF ELIGIBLE LENDING INSTITUTIONS AND
ELIGIBLE INDIVIDUALS WITH DISABILITIES. 6,924
(B)(1) ANNUALLY, BY THE FIRST DAY OF FEBRUARY, THE 6,926
TREASURER OF STATE SHALL REPORT ON THE ASSISTIVE TECHNOLOGY 6,927
DEVICE LINKED DEPOSIT PROGRAM ESTABLISHED UNDER SECTIONS 135.91 6,928
TO 135.97 OF THE REVISED CODE FOR THE PRECEDING CALENDAR YEAR TO 6,929
THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND 6,930
THE PRESIDENT OF THE SENATE.
164
(2) THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS SECTION 6,932
SHALL SET FORTH THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS 6,933
MADE BY THE TREASURER OF STATE UNDER THE PROGRAM DURING THE YEAR 6,934
AND SHALL INCLUDE INFORMATION REGARDING BOTH OF THE FOLLOWING: 6,935
(a) THE NATURE, TERMS, AND AMOUNTS OF THE LOANS UPON WHICH 6,937
THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS WERE BASED; 6,938
(b) THE ELIGIBLE INDIVIDUALS WITH DISABILITIES TO WHOM THE 6,940
LOANS WERE MADE. 6,941
(3) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL 6,943
TRANSMIT COPIES OF THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS 6,944
SECTION TO THE CHAIRPERSON OF THE STANDING HOUSE OF 6,945
REPRESENTATIVES COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION 6,946
REGARDING HUMAN SERVICES, AND THE PRESIDENT OF THE SENATE SHALL 6,947
TRANSMIT COPIES OF THE REPORT TO THE CHAIRPERSON OF THE STANDING 6,948
SENATE COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION REGARDING
HUMAN SERVICES. 6,949
Sec. 135.97. (A) THE STATE AND THE TREASURER OF STATE ARE 6,951
NOT LIABLE TO ANY ELIGIBLE LENDING INSTITUTION IN ANY MANNER FOR 6,952
PAYMENT OF THE PRINCIPAL OR INTEREST ON A LOAN MADE UNDER 6,953
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE TO AN ELIGIBLE 6,954
INDIVIDUAL WITH A DISABILITY.
(B) ANY DELAY IN PAYMENTS OR DEFAULT ON THE PART OF AN 6,956
ELIGIBLE INDIVIDUAL WITH A DISABILITY WITH RESPECT TO A LOAN MADE 6,957
UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE DOES NOT IN 6,958
ANY MANNER AFFECT THE DEPOSIT AGREEMENT BETWEEN THE ELIGIBLE 6,959
LENDING INSTITUTION AND THE TREASURER OF STATE.
Sec. 149.30. The Ohio historical society, chartered by 6,969
this state as a corporation not for profit to promote a knowledge 6,970
of history and archaeology, especially of Ohio, and operated 6,971
continuously in the public interest since 1885, may perform 6,972
public functions as prescribed by law. 6,973
The general assembly may appropriate money to the Ohio 6,975
historical society each biennium to carry out the public 6,976
functions of the society as enumerated in this section. An 6,977
165
appropriation by the general assembly to the society constitutes 6,978
an offer to contract with the society to carry out those public 6,979
functions for which appropriations are made. An acceptance by 6,980
the society of the appropriated funds constitutes an acceptance 6,981
by the society of the offer and is considered an agreement by the 6,982
society to perform those functions in accordance with the terms 6,983
of the appropriation and the law and to expend the funds only for 6,984
the purposes for which appropriated. The governor may request on 6,985
behalf of the society, and the controlling board may release, 6,986
additional funds to the society for survey, salvage, repair, or 6,987
rehabilitation of an emergency nature for which funds have not 6,988
been appropriated, and acceptance by the society of such moneys 6,989
THOSE FUNDS constitutes an agreement on the part of the society 6,990
to expend such THOSE funds only for the purpose for which 6,992
released by the controlling board. 6,993
The society shall faithfully expend and apply all moneys 6,995
received from the state to the uses and purposes directed by law 6,996
and for necessary administrative expenses. The society shall 6,997
perform the public function of sending notice by certified mail 6,998
to the owner of any property at the time it is listed on the 6,999
national register of historic places. The society shall 7,000
accurately record all expenditures of such funds in conformity 7,001
with generally accepted accounting principles. 7,002
The auditor of state shall audit all funds and fiscal 7,004
records of the society. 7,005
The public functions to be performed by the Ohio historical 7,007
society shall include ALL OF THE FOLLOWING: 7,008
(A) Creating, supervising, operating, protecting, 7,010
maintaining, and promoting for public use a system of state 7,011
memorials, titles to which may reside wholly or in part with this 7,012
state or wholly or in part with the society as provided in and in 7,013
conformity to appropriate acts and resolves of the general 7,014
assembly, and leasing for renewable periods of two years or less, 7,015
with the advice and consent of the attorney general and the 7,016
166
director of administrative services, lands and buildings owned by 7,017
the state which are in the care, custody, and control of the 7,018
society, all of which shall be maintained and kept for public use 7,019
at reasonable hours; 7,020
(B) Making alterations and improvements, marking, and 7,022
constructing, reconstructing, protecting, or restoring 7,023
structures, earthworks, and monuments in its care, and equipping 7,024
such facilities with appropriate educational maintenance 7,025
facilities; 7,026
(C) Serving as the archives administration for the state 7,028
and its political subdivisions as provided in sections 149.31 to 7,029
149.42 of the Revised Code; 7,030
(D) Administering a state historical museum, to be the 7,032
headquarters of the society and its principal museum and library, 7,033
which shall be maintained and kept for public use at reasonable 7,034
hours; 7,035
(E) Establishing a marking system to identify all 7,037
designated historic and archaeological sites within the state and 7,038
marking or causing to be marked historic sites and communities 7,039
considered by the society to be historically or archaeologically 7,040
significant; 7,041
(F) Publishing books, pamphlets, periodicals, and other 7,043
publications about history, archaeology, and natural science and 7,044
supplying one copy of each regular periodical issue to all public 7,045
libraries in this state without charge; 7,046
(G) Engaging in research in history, archaeology, and 7,048
natural science and providing historical information upon request 7,049
to all state agencies; 7,050
(H) Collecting, preserving, and making available by all 7,052
appropriate means and under approved safeguards all manuscript, 7,053
print, or near-print library collections and all historical 7,054
objects, specimens, and artifacts which pertain to the history of 7,055
Ohio and its people, including the following original documents: 7,056
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 7,057
167
Ohio Constitution of 1875; design and the letters of patent and 7,058
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 7,059
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 7,060
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 7,061
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 7,062
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 7,063
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 7,064
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 7,065
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 7,066
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 7,067
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 7,068
(1947); 7,069
(I) Encouraging and promoting the organization and 7,071
development of county and local historical societies; 7,072
(J) Providing Ohio schools with such materials at cost or 7,074
near cost as the society may prepare to facilitate the 7,075
instruction of Ohio history; 7,076
(K) Providing advisory and technical assistance to local 7,078
societies for the preservation and restoration of historic and 7,079
archaeological sites; 7,080
(L) Devising uniform criteria for the designation of 7,082
historic and archaeological sites throughout the state and 7,083
advising local historical societies of the criteria and their 7,084
application; 7,085
(M) Taking inventory, in cooperation with the Ohio arts 7,087
council, the Ohio archaeological council, and the archaeological 7,088
society of Ohio, of significant designated and undesignated state 7,089
and local sites and keeping an active registry of all designated 7,090
sites within the state; 7,091
(N) Contracting with the owners or persons having an 7,093
interest in designated historic or archaeological sites or 7,094
property adjacent or contiguous to such THOSE sites, or 7,095
acquiring, by purchase, gift, or devise, easements in such THOSE 7,097
sites or in property adjacent or contiguous to such THOSE sites, 7,099
168
in order to control or restrict the use of such THOSE historic or 7,101
archaeological sites or adjacent or contiguous property for the 7,103
purpose of restoring or preserving the historical or 7,104
archaeological significance or educational value of such THOSE 7,105
sites;
(O) Constructing a monument honoring Governor James A. 7,107
Rhodes, which shall stand on the northeast quadrant of the 7,108
grounds surrounding the capitol building. The monument shall be 7,109
constructed with private funds donated to the Ohio historical 7,110
society and designated for this purpose. No public funds shall 7,111
be expended to construct this monument. The department of 7,112
administrative services shall cooperate with the Ohio historical 7,113
society in carrying out this function and shall maintain the 7,114
monument in a manner compatible with the grounds of the capitol 7,115
building. 7,116
(P) COMMISSIONING A PORTRAIT OF EACH DEPARTING GOVERNOR, 7,118
WHICH SHALL BE DISPLAYED IN THE CAPITOL BUILDING. THE OHIO 7,119
HISTORICAL SOCIETY MAY ACCEPT PRIVATE CONTRIBUTIONS DESIGNATED 7,120
FOR THIS PURPOSE AND, AT THE DISCRETION OF ITS BOARD OF TRUSTEES, 7,121
ALSO MAY APPLY FOR THE SAME PURPOSE FUNDS APPROPRIATED BY THE 7,122
GENERAL ASSEMBLY TO THE SOCIETY PURSUANT TO THIS SECTION.
(Q) Planning and developing a center at the capitol 7,124
building for the purpose of educating visitors about the history 7,125
of ohio OHIO, including its political, economic, and social 7,126
development and the design and erection of the capitol building 7,127
and its grounds. The Ohio historical society may accept 7,128
contributions of private moneys and in-kind services designated 7,129
for this purpose and may, at the discretion of its board of 7,130
trustees, also apply, for the same purpose, personnel and other 7,131
resources paid in whole or in part by its state subsidy. 7,132
(Q)(R) Submitting an annual report of its activities, 7,134
programs, and operations to the governor within two months after 7,135
the close of each fiscal year of the state. 7,136
The society shall not sell, mortgage, transfer, or dispose 7,138
169
of historical or archaeological sites to which it has title and 7,139
in which the state has monetary interest except by action of the 7,140
general assembly. 7,141
In consideration of the public functions performed by the 7,143
Ohio historical society for the state, employees of the society 7,144
shall be considered public employees within the meaning of 7,145
section 145.01 of the Revised Code. 7,146
Sec. 159.03. The consent of the state is given, in 7,156
accordance with clause 17, Section 8, Article I, United States 7,157
Constitution, to the acquisition, between AFTER May 6, 1902, and 7,159
the effective date of this amendment, by the United States, by 7,160
purchase, condemnation, LEASE, or otherwise, of any land in this 7,161
state required for sites for custom houses, courthouses, 7,163
CORRECTIONAL INSTITUTIONS, post-offices, arsenals, or other 7,165
public buildings whatever, or for any other purposes of the 7,166
government. On and after the effective date of this amendment, 7,167
the consent of the state is given, in accordance with clause 17, 7,168
Section 8, Article I, United States Constitution, to the 7,169
acquisition by the United States by purchase, condemnation, or 7,170
otherwise, of any land in this state required for sites for 7,171
national parks, national monuments, or national recreational 7,172
areas provided acquisition of such land commenced prior to the 7,173
effective date of this amendment. 7,174
Sec. 159.04. (A) Exclusive OR CONCURRENT jurisdiction in 7,183
and over any land acquired by the United States under section 7,184
159.03 of the Revised Code is hereby ceded to the United States, 7,185
for all purposes except the service upon such sites of all civil 7,186
and criminal process of the courts of this state. The 7,187
jurisdiction so ceded shall continue no longer than the said 7,188
United States owns OR HOLDS LEGAL INTEREST IN such lands. 7,189
(B) The governor may accept, on behalf of the state, 7,191
retrocession of full or partial jurisdiction over any roads, 7,192
highways, or other lands in federal enclaves where the 7,193
appropriate federal authority offers the retrocession. The 7,194
170
governor shall deliver the documents executed by the federal 7,195
authority and the governor concurring in the retrocession, for 7,196
recording, to the office of the recorder of the county in which 7,197
the lands are located. 7,198
(C) THE GRANTING OF EXCLUSIVE OR CONCURRENT JURISDICTION 7,200
TO THE UNITED STATES PURSUANT TO DIVISION (A) OF THIS SECTION 7,202
SHALL TAKE EFFECT ONLY UPON THE GRANTING OF EITHER FORM OF 7,203
JURISDICTION BY THE GOVERNOR TO THE UNITED STATES AND THE 7,204
ACCEPTANCE OF EITHER FORM OF JURISDICTION BY THE UNITED STATES. 7,206
(D) NOTHING IN THIS SECTION IS INTENDED TO MODIFY, REVOKE, 7,208
OR IN ANY WAY AFFECT ANY PRIOR GRANT OF JURISDICTION BY THE STATE 7,209
TO THE UNITED STATES THAT WAS MADE PRIOR TO THE EFFECTIVE DATE OF 7,210
THIS AMENDMENT. 7,211
Sec. 166.03. (A) There is hereby created the facilities 7,220
establishment fund within the state treasury, consisting of 7,221
proceeds from the issuance of obligations as specified under 7,222
section 166.08 of the Revised Code; the moneys received by the 7,223
state from the sources specified in section 166.09 of the Revised 7,224
Code; service charges imposed under sections 166.06 and 166.07 of 7,225
the Revised Code; any grants, gifts, or contributions of moneys 7,226
received by the director of development to be used for loans made 7,227
under section 166.07 of the Revised Code or for the payment of 7,228
the allowable costs of project facilities; and all other moneys 7,229
appropriated or transferred to the fund. Moneys in the loan 7,230
guarantee fund in excess of four per cent of the unpaid principal 7,231
amount of loan repayments guaranteed under section 166.06 of the 7,232
Revised Code, but subject to the provisions and requirements of 7,233
any guarantee contracts, may be transferred to the facilities 7,234
establishment fund by the treasurer of state upon the order of 7,235
the director of development. Moneys received by the state under 7,236
Chapter 122. of the Revised Code, to the extent allocable to the 7,237
utilization of moneys derived from proceeds of the sale of 7,238
obligations pursuant to section 166.08 of the Revised Code, shall 7,239
be credited to the facilities establishment fund. 7,240
171
(B) All moneys appropriated or transferred to the 7,242
facilities establishment fund may be released at the request of 7,243
the director for payment of allowable costs or the making of 7,244
loans under this chapter, for transfer to the loan guarantee fund 7,245
established in section 166.06 of the Revised Code, or for use for 7,246
the purpose of or transfer to the funds established by sections 7,248
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 7,250
UNTIL JULY 1, 2001, SECTION 166.031 of the Revised Code, but only 7,251
for such of those purposes as are within the authorization of 7,253
Section 13 of Article VIII, Ohio Constitution, in all cases 7,254
subject to the approval of the controlling board. 7,255
(C) Moneys transferred to the facilities establishment 7,257
fund under section 3734.82 of the Revised Code shall be used 7,258
exclusively for eligible projects that recover or recycle energy 7,259
from scrap tires, as "scrap tires" is defined in section 3734.01 7,260
of the Revised Code, for any of the following purposes: 7,261
(1) Making loans under this chapter; 7,263
(2) Making grants; 7,265
(3) Providing other incentives, including, without 7,267
limitation, entering into contracts with private entities to 7,268
conduct environmental studies or tests for eligible projects that 7,269
propose to recover energy from scrap tires. 7,270
The director shall adopt rules under division (B)(9) of 7,272
section 166.02 of the Revised Code for the purpose of 7,273
administering this division. 7,274
(D) The department of development, in the administration 7,276
of the facilities establishment fund, is encouraged to utilize 7,277
and promote the utilization of, to the maximum practicable 7,278
extent, the other existing programs, business incentives, and tax 7,279
incentives that department is required or authorized to 7,280
administer or supervise. 7,281
Sec. 166.032. (A) THERE IS HEREBY CREATED IN THE STATE 7,284
TREASURY THE SCRAP TIRE LOANS AND GRANTS FUND, CONSISTING OF 7,286
172
MONEYS TRANSFERRED TO THE FUND UNDER SECTION 3734.82 OF THE 7,288
REVISED CODE. MONEYS SHALL BE USED EXCLUSIVELY FOR ELIGIBLE 7,290
PROJECTS THAT RECOVER, USE, OR RECYCLE ENERGY FROM SCRAP TIRES, 7,292
AS "SCRAP TIRES" IS DEFINED IN SECTION 3734.01 OF THE REVISED 7,293
CODE, OR FOR ELIGIBLE PROJECTS THAT REMOVE SCRAP TIRES FROM BEING 7,295
DISPOSED OF AS SOLID WASTE UNDER CHAPTER 3734. OF THE REVISED 7,296
CODE, FOR ANY OF THE FOLLOWING PURPOSES:
(1) MAKING LOANS UNDER THIS CHAPTER; 7,298
(2) MAKING GRANTS; 7,300
(3) PROVIDING OTHER INCENTIVES, INCLUDING, WITHOUT 7,302
LIMITATION, ENTERING INTO CONTRACTS WITH PRIVATE ENTITIES TO 7,303
CONDUCT ENVIRONMENTAL STUDIES OR TESTS FOR ELIGIBLE PROJECTS THAT 7,304
PROPOSE TO RECOVER ENERGY FROM SCRAP TIRES. 7,305
(B) THE DIRECTOR OF DEVELOPMENT SHALL ADOPT RULES UNDER 7,307
DIVISION (B)(9) OF SECTION 166.02 OF THE REVISED CODE FOR THE 7,309
PURPOSE OF ADMINISTERING THIS SECTION. 7,310
Sec. 166.05. (A) In determining the projects to be 7,319
assisted and the nature, amount, and terms of assistance to be 7,320
provided for an eligible project under this chapter: 7,321
(1) Except as otherwise provided in division (A)(3) of 7,323
this section, the director of development shall take into 7,324
consideration all of the following: 7,325
(a) The number of jobs to be created or preserved, 7,327
directly or indirectly; 7,328
(b) Payrolls, and the taxes generated, at both state and 7,330
local levels, by the eligible project and by the employment 7,331
created or preserved by the eligible project; 7,332
(c) The size, nature, and cost of the eligible project, 7,334
including the prospect of the project for providing long-term 7,335
jobs in enterprises consistent with the changing economics of the 7,336
state and the nation; 7,337
(d) The needs, and degree of needs, of the area in which 7,339
the eligible project is to be located; 7,340
(e) The needs of any private sector enterprise to be 7,342
173
assisted; 7,343
(f) The competitive effect of the assistance on other 7,345
enterprises providing jobs for people of the state; 7,346
(g) The amount and kind of assistance, if any, to be 7,348
provided to the private sector enterprise by other governmental 7,349
agencies through tax exemption or abatement, financing assistance 7,350
with industrial development bonds, and otherwise, with respect to 7,351
the eligible project; 7,352
(h) The impact of the eligible project and its operations 7,354
on local government services, including school services, and on 7,355
public facilities; 7,356
(i) The effect of the assistance on the loss of or damage 7,358
to or destruction of prime farmland, or the removal from 7,359
agricultural production of prime farmland. As used in this 7,360
section, "prime farmland" means agricultural land that meets the 7,361
criteria for this classification as defined by the United States 7,362
soil conservation service. 7,363
(j) The length of time the operator of the project has 7,365
been operating facilities within the state; 7,366
(k) The reservation of financial assistance made by the 7,368
general assembly for small business concerns. 7,369
(2) The benefits to the local area, including taxes, jobs, 7,371
and reduced unemployment and reduced welfare costs, among others, 7,372
may be accorded value in the leasing or sales of project 7,373
facilities and in loan and guarantee arrangements. 7,374
(3) For the purpose of making the determination required 7,376
under division (A) of this section for loans, grants, or other 7,377
incentives for eligible projects under division (C) of section 7,378
166.03 of the Revised Code, the director may consider factors 7,379
different from and in lieu of those established in divisions 7,380
(A)(1)(a) to (k) of this section as provided in rules adopted 7,381
pursuant to division (C) of section 166.03 of the Revised Code. 7,382
(B) Prior to granting final approval of the assistance to 7,384
be provided, the director shall determine that the benefits to be 7,386
174
derived by the state and local area from the establishment or 7,387
development, and operation, of the eligible project will exceed 7,388
the cost of providing such assistance and, except as provided in 7,389
division (C)(2) of this section, shall submit to the development 7,391
financing advisory council and to the controlling board a copy of 7,393
that determination including the basis for the determination. 7,394
(C)(1) Except as provided in division (C)(2) of this 7,397
section, prior to the submission provided for in division (B) of 7,399
this section to the controlling board, the director shall submit 7,400
to the development financing advisory council data pertinent to 7,402
the considerations set forth in division (A) of this section, the 7,403
terms of the proposed assistance, and such other relevant
information as the development financing advisory council may 7,405
request. 7,406
(2) The director is not required to submit any 7,408
determination, data, terms, or other application materials or 7,409
information to the development financing advisory council when 7,410
provision of the assistance has been recommended to the director 7,412
by a regional economic development entity.
(D) The development financing advisory council, on the 7,414
basis of such data, shall make recommendations as to the 7,416
appropriateness of the assistance to be provided. The 7,417
recommendations may be revised to reflect any changes in the 7,418
proposed assistance as the director may submit to the council. 7,420
The recommendations, as amended, of the council as to the 7,421
appropriateness of the proposed assistance shall be submitted to 7,422
the controlling board. 7,423
(E) Financial statements and other data submitted to the 7,425
director of development, the development financing advisory 7,426
council, or the controlling board by any private sector person in 7,428
connection with financial assistance under this chapter, or any 7,429
information taken from such statements or data for any purpose, 7,430
shall not be open to public inspection. The development 7,431
financing advisory council in considering confidential 7,432
175
information in connection with financial assistance under this 7,434
chapter may, only for consideration of the confidential 7,435
information referred to, and in the manner provided in division 7,436
(E) of section 121.22 of the Revised Code, close the meeting 7,437
during such consideration.
Sec. 167.03. (A) The council shall have the power to DO 7,446
ALL OF THE FOLLOWING: 7,447
(1) Study such area governmental problems common to two or 7,449
more members of the council as it deems appropriate, including 7,450
but not limited to, matters affecting health, safety, welfare, 7,451
education, economic conditions, and regional development; 7,452
(2) Promote cooperative arrangements and coordinate action 7,454
among its members, and between its members and other agencies of 7,455
local or state governments, whether or not within Ohio THIS 7,457
STATE, and the federal government; 7,458
(3) Make recommendations for review and action to the 7,460
members and other public agencies that perform functions within 7,461
the region; 7,462
(4) Promote cooperative agreements and contracts among its 7,464
members or other governmental agencies and private persons, 7,465
corporations, or agencies; 7,466
(5) Perform planning directly by personnel of the council, 7,468
or under contracts between the council and other public or 7,469
private planning agencies. 7,470
(B) The council may DO ALL OF THE FOLLOWING: 7,472
(1) Review, evaluate, comment upon, and make 7,474
recommendations, relative to the planning and programming, and 7,475
the location, financing, and scheduling, of public facility 7,476
projects within the region and affecting the development of the 7,477
area; 7,478
(2) Act as an areawide agency to perform comprehensive 7,480
planning for the programming, locating, financing, and scheduling 7,481
of public facility projects within the region and affecting the 7,482
development of the area and for other proposed land development 7,483
176
or uses, which projects or uses have public metropolitan wide or 7,484
interjurisdictional significance; 7,485
(3) Act as an agency for coordinating, based on 7,487
metropolitan wide comprehensive planning and programming, local 7,488
public policies, and activities affecting the development of the 7,489
region or area; 7,490
(4) ACQUIRE REAL AND PERSONAL PROPERTY TO BE USED BY OR 7,492
FOR THE BENEFIT OF ONE OR MORE OF ITS MEMBERS. THE PROPERTY MAY 7,493
BE PURCHASED BY ANY OF THE FOLLOWING MEANS: 7,494
(a) CASH; 7,496
(b) INSTALLMENT PAYMENTS WITH OR WITHOUT A MORTGAGE; 7,498
(c) LEASE-PURCHASE AGREEMENT; 7,500
(d) LEASE WITH AN OPTION TO PURCHASE; 7,502
(e) FROM THE PROCEEDS OF THE ISSUANCE OF REVENUE 7,504
SECURITIES BY THE COUNCIL, INCLUDING REFUNDING SECURITIES, WHICH 7,506
ISSUANCE IS AUTHORIZED PURSUANT TO DIVISION (B)(4)(e) OF THIS 7,507
SECTION. REVENUE SECURITIES ISSUED UNDER DIVISION (B)(4)(e) OF 7,508
THIS SECTION ARE NOT GENERAL OBLIGATIONS OF THIS STATE, THE 7,509
COUNCIL, ANY OF THE COUNCIL'S MEMBERS, OR ANY POLITICAL 7,510
SUBDIVISION OF THIS STATE. THE REVENUE SECURITIES SO ISSUED 7,511
SHALL BE SECURED ONLY BY A PLEDGE OF AND LIEN ON THE REVENUE OF 7,512
THE COUNCIL, WHETHER DERIVED FROM AGREEMENTS WITH ITS MEMBERS AND
OTHER PERSONS OR DERIVED FROM ITS OWNERSHIP OR OPERATION OF ANY 7,513
PROPERTY FINANCED WITH THE PROCEEDS OF ITS SECURITIES, INCLUDING 7,514
AVAILABLE RATES, CHARGES, RENTS, INTEREST SUBSIDIES, DEBT 7,515
CHARGES, GRANTS, OR PAYMENTS BY FEDERAL OR STATE AGENCIES, AND 7,516
THE COVENANTS OF THE COUNCIL TO MAINTAIN RENTALS, RATES, AND 7,517
CHARGES TO PRODUCE REVENUE SUFFICIENT TO PAY ALL CURRENT EXPENSES 7,518
OF THE PROPERTY PAYABLE BY THE COUNCIL, TO PAY THE DEBT CHARGES
ON THE SECURITIES, TO ESTABLISH AND MAINTAIN ANY CONTRACTUALLY 7,519
REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES OR THE 7,520
PROPERTY, AND, IF THE SECURITIES ARE ANTICIPATORY SECURITIES, TO 7,521
ISSUE THE REVENUE SECURITIES IN ANTICIPATION OF THE ISSUANCE OF 7,522
WHICH THE SECURITIES ARE ISSUED. THE REVENUE SECURITIES SO
177
ISSUED ALSO MAY BE SECURED BY A PLEDGE OF AND LIEN ON THE 7,523
PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR REFUND THOSE REVENUE 7,524
SECURITIES.
THE OFFICERS AUTHORIZED BY THE COUNCIL SHALL EXECUTE THE 7,526
NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, THE REVENUE 7,527
SECURITIES SO ISSUED, TRUST AGREEMENTS, LEASES, AND OTHER 7,528
FINANCING DOCUMENTS, TO PROVIDE FOR THE PLEDGE, PROTECTION, AND 7,529
DISPOSITION OF THE PLEDGED REVENUES FROM WHICH DEBT CHARGES AND 7,530
ANY SPECIAL FUND DEPOSITS ARE TO BE PAID.
THE REVENUE SECURITIES SO ISSUED SHALL NOT BE SUBJECT TO 7,532
ANY OTHER PROVISIONS OF THE REVISED CODE GOVERNING THE ISSUANCE 7,533
OF SECURITIES OR OBLIGATIONS BY THIS STATE OR ANY OF ITS 7,534
POLITICAL SUBDIVISIONS OR AGENCIES, INCLUDING CHAPTER 133. OF THE 7,535
REVISED CODE, BUT SHALL BE ENTITLED TO THE BENEFIT OF SECTIONS
9.81, 9.82, AND 9.83 OF THE REVISED CODE. 7,536
FOR PURPOSES OF DIVISION (B)(4)(e) OF THIS SECTION, 7,539
"SECURITIES" MEANS BONDS, NOTES, OR OTHER EVIDENCE OF OBLIGATION
ISSUED IN TEMPORARY OR PERMANENT FORM, INCLUDING BOOK-ENTRY 7,540
SECURITIES.
(C) The council may, by appropriate action of the 7,542
governing bodies of the members, perform such other functions and 7,543
duties as are performed or capable of performance by the members 7,544
and necessary or desirable for dealing with problems of mutual 7,545
concern. 7,546
(D) The authority granted to the council by this section 7,548
or in any agreement by the members thereof OF THE COUNCIL shall 7,549
not displace any existing municipal, county, regional, or other 7,551
planning commission or planning agency in the exercise of its 7,552
statutory powers. 7,553
Sec. 169.02. Subject to division (B) of section 169.01 of 7,562
the Revised Code, the following constitute unclaimed funds: 7,563
(A) Except as provided in division (R) of this section, 7,566
any demand, savings, or matured time deposit account, or matured 7,567
certificate of deposit, together with any interest or dividend on 7,568
178
it, less any lawful claims, that is held or owed by a holder 7,569
which is a financial organization, unclaimed for a period of five 7,570
years;
(B) Any funds paid toward the purchase of withdrawable 7,572
shares or other interest in a financial organization, and any 7,573
interest or dividends on them, less any lawful claims, that is 7,574
held or owed by a holder which is a financial organization, 7,575
unclaimed for a period of five years; 7,576
(C) Except as provided in division (A) of section 3903.45 7,578
of the Revised Code, moneys held or owed by a holder, including a 7,579
fraternal association, providing life insurance, including 7,580
annuity or endowment coverage, unclaimed for five THREE years 7,581
after becoming payable as established from the records of such 7,583
holder under any life or endowment insurance policy or annuity 7,584
contract that has matured or terminated. An insurance policy, 7,585
the proceeds of which are payable on the death of the insured, 7,586
not matured by proof of death of the insured is deemed matured 7,587
and the proceeds payable if such policy was in force when the 7,588
insured attained the limiting age under the mortality table on 7,589
which the reserve is based. 7,590
Moneys otherwise payable according to the records of such 7,592
holder are deemed payable although the policy or contract has not 7,593
been surrendered as required. 7,594
(D) Any deposit made to secure payment or any sum paid in 7,596
advance for utility services of a public utility and any amount 7,597
refundable from rates or charges collected by a public utility 7,598
for utility services held or owed by a holder, less any lawful 7,599
claims, that has remained unclaimed for five years ONE YEAR after 7,601
the termination of the services for which the deposit or advance 7,602
payment was made or five years ONE YEAR from the date the refund 7,603
was payable, whichever is earlier; 7,605
(E) Except as provided in division (R) of this section, 7,608
any certificates, securities as defined in section 1707.01 of the 7,609
Revised Code, nonwithdrawable shares, other instruments 7,610
179
evidencing ownership, or rights to them or funds paid toward the 7,611
purchase of them, or any dividend, capital credit, profit, 7,612
distribution, interest, or payment on principal or other sum, 7,613
held or owed by a holder, including funds deposited with a fiscal 7,614
agent or fiduciary for payment of them, unclaimed for five years, 7,615
except, in the case of AND instruments representing an ownership 7,616
interest, unclaimed for seven FIVE years. ANY UNDERLYING SHARE 7,617
OR OTHER INTANGIBLE INSTRUMENT REPRESENTING AN OWNERSHIP INTEREST 7,618
IN A BUSINESS ASSOCIATION, IN WHICH THE ISSUER HAS RECORDED ON 7,619
ITS BOOKS THE ISSUANCE OF THE SHARE BUT HAS BEEN UNABLE TO 7,620
DELIVER THE CERTIFICATE TO THE SHAREHOLDER, CONSTITUTES UNCLAIMED 7,621
FUNDS IF SUCH UNDERLYING SHARE IS UNCLAIMED FOR FIVE YEARS. IN 7,622
ADDITION, AN UNDERLYING SHARE CONSTITUTES UNCLAIMED FUNDS IF A 7,623
DIVIDEND, DISTRIBUTION, OR OTHER SUM PAYABLE AS A RESULT OF THE 7,624
UNDERLYING SHARE HAS REMAINED UNCLAIMED BY THE OWNER FOR FIVE 7,625
YEARS.
This division shall not prejudice the rights of fiscal 7,627
agents or fiduciaries for payment to return the items described 7,628
in this division to their principals, according to the terms of 7,629
an agency or fiduciary agreement, but such a return shall 7,630
constitute the principal as the holder of the items and shall not 7,631
interrupt the period for computing the time for which the items 7,632
have remained unclaimed. 7,633
In the case of any such funds accruing and held or owed by 7,635
a corporation under division (E) of section 1701.24 of the 7,636
Revised Code, such corporation shall comply with this chapter, 7,637
subject to the limitation contained in section 1701.34 of the 7,638
Revised Code. The period of time for which such funds have gone 7,639
unclaimed specified in section 1701.34 of the Revised Code shall 7,640
be computed, with respect to dividends or distributions, 7,641
commencing as of the dates when such dividends or distributions 7,642
would have been payable to the shareholder had such shareholder 7,643
surrendered the certificates for cancellation and exchange by the 7,644
date specified in the order relating to them. 7,645
180
Capital credits of a cooperative which after January 1, 7,647
1972, have been allocated to members and which by agreement are 7,648
expressly required to be paid if claimed after death of the owner 7,649
are deemed payable, for the purpose of this chapter, fifteen 7,650
years after either the termination of service by the cooperative 7,651
to the owner or upon the nonactivity as provided in division (B) 7,652
of section 169.01 of the Revised Code, whichever occurs later, 7,653
provided that this provision does not apply if the payment is not 7,654
mandatory. 7,655
(F) Any sum payable on certified checks or other written 7,657
instruments certified or issued and representing funds held or 7,658
owed by a holder, less any lawful claims, that are unclaimed for 7,659
five years, except, in the case of money orders which are not 7,660
third party bank checks, that are unclaimed for seven years, and 7,661
in the case of traveler's checks, that are unclaimed for fifteen 7,662
years, from the date payable, or from the date of issuance if 7,663
payable on demand. 7,664
As used in this division, "written instruments" include, 7,666
but are not limited to, certified checks, cashier's checks, bills 7,667
of exchange, letters of credit, drafts, money orders, and 7,668
traveler's checks. 7,669
If there is no address of record for the owner or other 7,671
person entitled to the funds, such address is presumed to be the 7,672
address where the instrument was certified or issued. 7,673
(G) Except as provided in division (R) of this section, 7,676
all moneys, rights to moneys, or other intangible property, 7,677
arising out of the business of engaging in the purchase or sale 7,678
of securities, or otherwise dealing in intangibles, less any 7,679
lawful claims, that are held or owed by a holder and are 7,680
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 7,682
of the Revised Code, all moneys, rights to moneys, and other 7,683
intangible property distributable in the course of dissolution or 7,684
liquidation of a holder that are unclaimed for one year after the 7,685
181
date set by the holder for distribution; 7,686
(I) All moneys, rights to moneys, or other intangible 7,688
property removed from a safe-deposit box or other safekeeping 7,689
repository located in this state or removed from a safe-deposit 7,690
box or other safekeeping repository of a holder, on which the 7,691
lease or rental period has expired, or any amount arising from 7,692
the sale of such property, less any lawful claims, that are 7,693
unclaimed for five THREE years from the date on which the lease 7,694
or rental period expired; 7,696
(J) Subject to division (M)(2) of this section, all 7,698
moneys, rights to moneys, or other intangible property, and any 7,699
income or increment on them, held or owed by a holder which is a 7,700
fiduciary for the benefit of another, or a fiduciary or custodian 7,701
of a qualified retirement plan or individual retirement 7,702
arrangement under section 401 or 408 of the Internal Revenue 7,703
Code, unclaimed for five THREE years after the final date for 7,704
distribution; 7,705
(K) All moneys, rights to moneys, or other intangible 7,707
property held or owed in this state or held for or owed to an 7,708
owner whose last known address is within this state, by the 7,709
United States government or any state, as those terms are 7,710
described in division (E) of section 169.01 of the Revised Code, 7,711
unclaimed by the owner for five THREE years, excluding any 7,712
property in the control of any court in a proceeding in which a 7,714
final adjudication has not been made; 7,715
(L) Amounts payable pursuant to the terms of any policy of 7,717
insurance, other than life insurance, or any refund available 7,718
under such a policy, held or owed by any holder, unclaimed for 7,719
five THREE years from the date payable or distributable; 7,720
(M)(1) Subject to division (M)(2) of this section, any 7,722
funds constituting rents or lease payments due, any deposit made 7,723
to secure payment of rents or leases, or any sum paid in advance 7,724
for rents, leases, possible damage to property, unused services, 7,725
performance requirements, or any other purpose, held or owed by a 7,726
182
holder unclaimed for five years ONE YEAR; 7,727
(2) Any escrow funds, security deposits, or other moneys 7,729
that are received by a licensed broker in a fiduciary capacity 7,730
and that, pursuant to division (A)(26) of section 4735.18 of the 7,731
Revised Code, are required to be deposited into and maintained in 7,732
a special or trust, noninterest-bearing bank account separate and 7,733
distinct from any personal or other account of the licensed 7,734
broker, held or owed by the licensed broker unclaimed for two 7,735
years. 7,736
(N) Any sum payable as wages, salaries, or commissions, 7,738
any sum payable for services rendered, funds owed or held as 7,739
royalties, oil and mineral proceeds, funds held for or owed to 7,740
suppliers, AND moneys owed under pension and profit-sharing 7,741
plans, and all other credits, held or owed by any holder 7,742
unclaimed for one year from date payable or distributable, AND 7,743
ALL OTHER CREDITS HELD OR OWED BY ANY HOLDER UNCLAIMED FOR THREE 7,744
YEARS FROM DATE PAYABLE OR DISTRIBUTABLE; 7,745
(O) Amounts held in respect of or represented by lay-aways 7,747
sold after January 1, 1972, less any lawful claims, when such 7,748
lay-aways are unclaimed for three years after the sale of them; 7,749
(P) All moneys, rights to moneys, and other intangible 7,751
property not otherwise constituted as unclaimed funds by this 7,752
section, including any income or increment on them, less any 7,753
lawful claims, which are held or owed by any holder, other than a 7,754
holder which holds a permit issued pursuant to Chapter 3769. of 7,755
the Revised Code, and which have remained unclaimed for five 7,756
THREE years after becoming payable or distributable; 7,758
(Q) All moneys that arise out of a sale held pursuant to 7,760
section 5322.03 of the Revised Code, that are held by a holder 7,761
for delivery on demand to the appropriate person pursuant to 7,762
division (I) of that section, and that are unclaimed for two 7,763
years after the date of the sale. 7,764
(R)(1) Any funds that are subject to an agreement between 7,767
the holder and owner providing for automatic reinvestment and 7,768
183
that constitute dividends, distributions, or other sums held or 7,769
owed by a holder in connection with a security or intangible 7,770
property, or with any other routine or periodic payment related 7,771
to a certificate of deposit, unclaimed for a period of five 7,772
years; provided that if the funds are held or owed by a holder in 7,773
connection with a security or intangible property, the security 7,774
or intangible property represents AS DEFINED IN SECTION 1707.01 7,775
OF THE REVISED CODE, an ownership interest in an investment 7,776
company registered under the "Investment Company Act of 1940," 54 7,777
Stat. 789, 15 U.S.C. 80a-1, as amended, OR A CERTIFICATE OF 7,778
DEPOSIT, UNCLAIMED FOR A PERIOD OF FIVE YEARS. 7,779
(2) The five-year period under division (R)(1) of this 7,781
section commences from the date a second shareholder notification 7,782
or communication mailing to the owner of the funds is returned to 7,783
the holder as undeliverable by the United States postal service 7,784
or other carrier. The notification or communication mailing by 7,785
the holder shall be no less frequent than quarterly. 7,786
(3) As used in division (R)(1) of this section, "security" 7,788
has the same meaning as in section 1707.01 of the Revised Code. 7,789
All moneys in a personal allowance account, as defined by 7,791
rules adopted by the department of human services, up to and 7,792
including the maximum resource limitation, of a medicaid patient 7,793
who has died after receiving care in a long-term care facility, 7,794
and for whom there is no identifiable heir or sponsor, are not 7,795
subject to this chapter. 7,796
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 7,805
when requested, EVERY person which could be the holder of 7,806
unclaimed funds, under this chapter shall report to the director 7,807
of commerce with respect to the unclaimed funds as provided in 7,808
this section. The report shall be verified. 7,809
(2) With respect to items of unclaimed funds each having a 7,811
value of ten FIFTY dollars or more, the report required under 7,812
division (A)(1) of this section shall include: 7,814
(a) The full name, if known, and last known address, if 7,816
184
any, of each person appearing from the records of the holder to 7,817
be the owner of unclaimed funds under this chapter; 7,818
(b) In the case of unclaimed funds reported by holders 7,820
providing life insurance coverage, the full name of the insured 7,821
or annuitant and beneficiary, if any, and their last known 7,822
addresses according to such holder's records; 7,823
(c) The nature and identifying number, if any, or 7,825
description of the funds and the amount appearing from the 7,826
records to be due; 7,827
(d) The date when the funds became payable, demandable, or 7,829
returnable and the date of the last transaction with the owner 7,830
with respect to the funds except with respect to each item of 7,831
unclaimed funds having a value of less than twenty-five dollars; 7,832
(e) Subject to division (I) of this section, the social 7,834
security number of the owner of the unclaimed funds, if it is 7,835
available;
(f) Other information which the director prescribes as 7,837
necessary for the administration of this chapter. 7,838
(3) With respect to items of unclaimed funds each having a 7,840
value of less than ten FIFTY dollars, the report required under 7,841
division (A)(1) of this section shall include: 7,842
(a) Each category of items of unclaimed funds as described 7,844
in section 169.02 of the Revised Code; 7,845
(b) The number of items of unclaimed funds within each 7,847
category; 7,848
(c) The aggregated value of the items of unclaimed funds 7,850
within each category. 7,851
(B) If the holder of unclaimed funds is a successor to 7,853
other organizations that previously held the funds for the owner, 7,854
or if the holder has changed its name while holding the funds, it 7,855
shall file with the report all prior known names and addresses 7,856
and date and state of incorporation or formation of each holder 7,857
of the funds. 7,858
(C) The report shall be filed before the first day of 7,860
185
November of each year as of the preceding thirtieth day of June, 7,861
but the report of holders providing life insurance coverage shall 7,862
be filed before the first day of May of each year as of the 7,863
preceding thirty-first day of December. The director may 7,864
postpone, for good cause shown, the reporting date upon written 7,865
request by any holder required to file a report. 7,866
(D) The holder of unclaimed funds under this chapter shall 7,868
send notice to each owner of each item of unclaimed funds having 7,869
a value of twenty-five FIFTY dollars or more at the last known 7,870
address of the owner as shown by the records of the holder before 7,872
filing the annual report. In case of holders providing life 7,873
insurance coverage, such notice shall also be mailed to each 7,874
beneficiary at the last known address of such beneficiary as 7,875
shown by the records of such holder, except that such notice to 7,876
beneficiaries shall not be mailed if such address is the same as 7,877
that of the insured and the surname of the beneficiary is the 7,878
same as that of the insured. The holder shall not report an item 7,879
of unclaimed funds earlier than the thirtieth day after the 7,880
mailing of notice required by this division. 7,881
Such notice shall set forth the nature and identifying 7,883
number, if any, or description of the funds and the amount 7,884
appearing on the records of the holder to be due the owner, and 7,885
shall inform the owner that the funds will, thirty days after the 7,886
mailing of such notice, be reported as unclaimed funds under this 7,887
chapter. A self-addressed, stamped envelope shall be included 7,888
with the notice, with instructions that the owner may use such 7,889
envelope to inform the holder of the owner's continued interest 7,891
in the funds and, if so informed before the date for making the 7,892
report to the director, the holder shall not report said funds to 7,893
the director. The notice shall be mailed by first class mail. 7,894
If there is no address of record for the owner or other person 7,895
entitled to the unclaimed funds, the holder is relieved of any 7,896
responsibility of sending notice, attempting to notify, or 7,897
notifying the owner. The mailing of notice pursuant to this 7,898
186
section shall discharge the holder from any further 7,899
responsibility to give notice. 7,900
(E) Verification of the report and of the mailing of 7,902
notice, where required, shall be executed by an officer of the 7,903
reporting holder. 7,904
(F)(1) The director may at reasonable times and upon 7,906
reasonable notice examine or cause to be examined, by auditors of 7,907
supervisory departments or divisions of the state, the records of 7,908
any holder to determine compliance with this chapter. The 7,910
(2) HOLDERS SHALL RETAIN RECORDS, DESIGNATED BY THE 7,912
DIRECTOR AS APPLICABLE TO UNCLAIMED FUNDS, FOR FIVE YEARS BEYOND 7,913
THE RELEVANT TIME PERIOD PROVIDED IN SECTION 169.02 OF THE 7,915
REVISED CODE, OR UNTIL COMPLETION OF AN AUDIT CONDUCTED PURSUANT 7,916
TO DIVISION (F) OF THIS SECTION, WHICHEVER OCCURS FIRST. AN 7,917
AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION SHALL 7,918
NOT REQUIRE A HOLDER TO MAKE RECORDS AVAILABLE FOR A PERIOD OF
TIME EXCEEDING THE RECORDS RETENTION PERIOD SET FORTH IN DIVISION 7,920
(F) OF THIS SECTION, EXCEPT FOR RECORDS PERTAINING TO INSTRUMENTS 7,921
EVIDENCING OWNERSHIP, OR RIGHTS TO THEM OR FUNDS PAID TOWARD THE 7,922
PURCHASE OF THEM, OR ANY DIVIDEND, CAPITAL CREDIT, PROFIT, 7,923
DISTRIBUTION, INTEREST, OR PAYMENT ON PRINCIPAL OR OTHER SUM, 7,924
HELD OR OWED BY A HOLDER, INCLUDING FUNDS DEPOSITED WITH A FISCAL 7,925
AGENT OR FIDUCIARY FOR PAYMENT OF THEM, OR PERTAINING TO DEBT OF 7,926
A PUBLICLY TRADED CORPORATION. ANY HOLDER THAT IS AUDITED 7,927
PURSUANT TO DIVISION (F) OF THIS SECTION SHALL ONLY BE REQUIRED 7,928
TO MAKE AVAILABLE THOSE RECORDS THAT ARE RELEVANT TO AN UNCLAIMED 7,929
FUNDS AUDIT OF THAT HOLDER AS PRESCRIBED BY THE DIRECTOR. 7,930
(3) THE director may enter into contracts, pursuant to 7,932
procedures prescribed by the director, with persons for the sole 7,933
purpose of examining the records of holders, determining 7,934
compliance with this chapter, and collecting, taking possession 7,935
of, and remitting to the department's division of unclaimed 7,936
funds, in a timely manner, the amounts found and defined as 7,937
unclaimed. Holders shall retain records, designated by the THE 7,939
187
director as applicable to unclaimed funds, for five years beyond 7,941
the relevant time period provided in section 169.02 of the 7,942
Revised Code, or until completion of an audit conducted pursuant 7,943
to this division, whichever occurs first SHALL NOT ENTER INTO 7,945
SUCH A CONTRACT WITH A PERSON UNLESS THE PERSON DOES ALL OF THE 7,946
FOLLOWING:
(a) AGREES TO MAINTAIN THE CONFIDENTIALITY OF THE RECORDS 7,948
EXAMINED, AS REQUIRED UNDER DIVISION (F)(4) OF THIS SECTION; 7,949
(b) OBTAINS A CORPORATE SURETY BOND ISSUED BY A BONDING 7,951
COMPANY OR INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS 7,952
STATE. THE BOND SHALL BE IN FAVOR OF THE DIRECTOR AND IN THE 7,953
PENAL SUM DETERMINED BY THE DIRECTOR;
(c) AGREES TO CONDUCT THE AUDIT IN ACCORDANCE WITH RULES 7,955
ADOPTED UNDER SECTION 169.09 OF THE REVISED CODE. 7,956
(4) Records audited pursuant to this division (F) OF THIS 7,959
SECTION are confidential, and shall not be disclosed except as 7,960
required by section 169.06 of the Revised Code or; as the 7,961
director considers necessary in the proper administration of this 7,962
chapter; AS PART OF A JOINT EXAMINATION CONDUCTED WITH OR 7,963
PURSUANT TO AN AGREEMENT WITH ANOTHER STATE, THE UNITED STATES 7,964
GOVERNMENT, OR ANY GOVERNMENTAL SUBDIVISION, AGENCY, OR 7,965
INSTRUMENTALITY OF ANOTHER STATE OR THE UNITED STATES; AS 7,966
REQUIRED PURSUANT TO A SUBPOENA OR COURT ORDER; OR AS DISCLOSED 7,967
TO THE UNCLAIMED OR ABANDONED PROPERTY ADMINISTRATOR OF ANOTHER 7,969
STATE FOR USE BY THAT STATE IN ADMINISTERING THE STATE'S
ABANDONED OR UNCLAIMED PROPERTY LAWS, IF THE OTHER STATE IS 7,971
REQUIRED TO KEEP THE RECORDS CONFIDENTIAL. 7,972
(5) ANY HOLDER OF UNCLAIMED FUNDS MAY APPEAL THE FINDINGS 7,974
OF AN AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION TO 7,975
THE DIRECTOR. PURSUANT TO THE AUTHORITY GRANTED BY SECTION 7,976
169.09 OF THE REVISED CODE, THE DIRECTOR SHALL ADOPT RULES 7,977
ESTABLISHING PROCEDURES FOR CONSIDERING SUCH AN APPEAL. 7,978
(G) All holders shall make sufficient investigation of 7,980
their records to ensure that the funds reported to the director 7,982
188
are unclaimed as set forth in division (B) of section 169.01 and 7,983
section 169.02 of the Revised Code. 7,984
(H) The expiration of any period of limitations on or 7,986
after March 1, 1968, within which a person entitled to any 7,987
moneys, rights to moneys, or intangible property could have 7,988
commenced an action or proceeding to obtain the same shall not 7,989
prevent such items from becoming unclaimed funds or relieve the 7,990
holder thereof of any duty to report and give notice as provided 7,991
in this section and deliver the same in the manner provided in 7,992
section 169.05 of the Revised Code, provided that the holder may 7,993
comply with the provisions of this section and section 169.05 of 7,994
the Revised Code with respect to any moneys, rights to moneys, or 7,995
intangible property as to which the applicable statute of 7,996
limitations has run prior to March 1, 1968, and in such event the 7,997
holder shall be entitled to the protective provisions of section 7,998
169.07 of the Revised Code. 7,999
(I) No social security number contained in a report made 8,001
pursuant to this section shall be used by the department of 8,002
commerce for any purpose other than to enable the division of 8,003
unclaimed funds to carry out the purposes of this chapter and for 8,004
child support purposes in response to a request made by the 8,007
division of child support in the department of human services
made pursuant to section 5101.327 of the Revised Code. 8,008
Sec. 169.09. The director of commerce SHALL MAKE NECESSARY 8,018
RULES THAT PRESCRIBE UNIFORM METHODS FOR CONDUCTING UNCLAIMED 8,019
FUNDS AUDITS UNDER SECTION 169.03 OF THE REVISED CODE AND FOR 8,021
DETERMINING WHEN SUCH AN AUDIT IS APPROPRIATE, AND may make 8,023
necessary rules to carry out the duties ANY OTHER DUTY imposed 8,024
upon him THE DIRECTOR by Chapter 169. of the Revised Code THIS 8,025
CHAPTER.
Sec. 173.011. (A) WHEN ADMINISTERING FUNDS GRANTED UNDER 8,027
THE "OLDER AMERICANS ACT OF 1965," 79 STAT. 219, 42 U.S.C. 3001, 8,029
AS AMENDED, THE DEPARTMENT OF AGING MAY DIVIDE THE STATE INTO 8,030
SEPARATE MULTI-COUNTY REGIONS THAT SHALL BE KNOWN AS PLANNING AND
189
SERVICE AREAS. IF THE DEPARTMENT DIVIDES THE STATE INTO THOSE 8,031
AREAS, THEN, CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 8,032
(C)(1) OF THIS SECTION, IT SHALL DESIGNATE ONE PUBLIC ENTITY OR 8,033
ONE PRIVATE NONPROFIT ENTITY AS EACH AREA'S AGENCY ON AGING. 8,034
THAT AGENCY SHALL ADMINISTER PROGRAMS ON BEHALF OF THE DEPARTMENT 8,035
UNDER THE OLDER AMERICANS ACT OF 1965 WITHIN ITS PLANNING AND 8,037
SERVICE AREA.
(B) CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 8,040
(C)(2) OF THIS SECTION AND FOLLOWING AN ADJUDICATION HEARING
CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, 8,041
THE DEPARTMENT MAY ISSUE AN ADJUDICATION ORDER THAT WITHDRAWS OR 8,042
PROVISIONALLY MAINTAINS THE DESIGNATION OF AN ENTITY AS AN AGENCY 8,043
ON AGING.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER CHAPTER 119. OF 8,046
THE REVISED CODE THAT DO BOTH OF THE FOLLOWING:
(1) ESTABLISH CRITERIA TO BE USED FOR DESIGNATING AN 8,048
AGENCY ON AGING;
(2) PROVIDE PROCEDURES AND GROUNDS FOR WITHDRAWING OR 8,050
PROVISIONALLY MAINTAINING THE DESIGNATION OF AN ENTITY AS AN 8,051
AGENCY ON AGING OF A PLANNING AND SERVICE AREA. 8,052
Sec. 173.35. (A) AS USED IN THIS SECTION, "PASSPORT 8,061
ADMINISTRATIVE AGENCY" MEANS AN ENTITY UNDER CONTRACT WITH THE 8,062
DEPARTMENT OF AGING TO PROVIDE ADMINISTRATIVE SERVICES REGARDING 8,063
THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 OF THE REVISED 8,064
CODE.
(B) The department of aging shall administer the 8,067
residential state supplement program under which the state
supplements the supplemental security income payments received by 8,068
aged, blind, or disabled adults under Title XVI of the "Social 8,069
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 8,070
Residential state supplement payments shall be used for the 8,071
provision of accommodations, supervision, and personal care 8,072
services to supplemental security income recipients who the 8,073
department determines are at risk of needing institutional care. 8,074
190
(B) To (C) FOR AN INDIVIDUAL TO be eligible for 8,076
residential state supplement payments, an ALL OF THE FOLLOWING 8,079
MUST BE THE CASE:
(1) EXCEPT AS PROVIDED BY DIVISION (G) OF THIS SECTION, 8,081
THE individual must reside in one of the following: 8,082
(1)(a) An adult foster home certified under section 173.36 8,084
of the Revised Code; 8,085
(2)(b) A home or facility, other than a nursing home or 8,087
nursing home unit of a home for the aging, licensed by the 8,088
department of health under Chapter 3721. or 3722. of the Revised 8,090
Code;
(3)(c) A community alternative home licensed under section 8,092
3724.03 of the Revised Code; 8,093
(4)(d) A residential facility as defined in division 8,095
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 8,096
the department of mental health; 8,097
(5)(e) An apartment or room used to provide community 8,099
mental health housing services certified by the department of 8,100
mental health under division (M) of section 5119.61 of the 8,101
Revised Code and approved by a board of alcohol, drug addiction, 8,102
and mental health services under division (A)(13) of section 8,103
340.03 of the Revised Code. 8,104
(C)(2) EFFECTIVE JULY 1, 2000, A PASSPORT ADMINISTRATIVE 8,108
AGENCY MUST HAVE DETERMINED THAT THE ENVIRONMENT IN WHICH THE
INDIVIDUAL WILL BE LIVING WHILE RECEIVING THE PAYMENTS IS 8,109
APPROPRIATE FOR THE INDIVIDUAL'S NEEDS. IF THE INDIVIDUAL IS 8,110
ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME PAYMENTS OR SOCIAL 8,111
SECURITY DISABILITY INSURANCE BENEFITS BECAUSE OF A MENTAL 8,112
DISABILITY, THE PASSPORT ADMINISTRATIVE AGENCY SHALL REFER THE 8,113
INDIVIDUAL TO A COMMUNITY MENTAL HEALTH AGENCY FOR THE COMMUNITY 8,114
MENTAL HEALTH AGENCY TO ISSUE IN ACCORDANCE WITH SECTION 340.091 8,115
OF THE REVISED CODE A RECOMMENDATION ON WHETHER THE PASSPORT
ADMINISTRATIVE AGENCY SHOULD DETERMINE THAT THE ENVIRONMENT IN 8,116
WHICH THE INDIVIDUAL WILL BE LIVING WHILE RECEIVING THE PAYMENTS 8,117
191
IS APPROPRIATE FOR THE INDIVIDUAL'S NEEDS. DIVISION (C)(2) OF 8,118
THIS SECTION DOES NOT APPLY TO AN INDIVIDUAL RECEIVING 8,119
RESIDENTIAL STATE SUPPLEMENT PAYMENTS ON JUNE 30, 2000, UNTIL THE 8,120
INDIVIDUAL'S FIRST ELIGIBILITY REDETERMINATION AFTER THAT DATE. 8,121
(3) THE INDIVIDUAL SATISFIES ALL ELIGIBILITY REQUIREMENTS 8,123
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION. 8,124
(D) The departments of aging and human services shall 8,126
adopt rules in accordance with section 111.15 of the Revised Code 8,128
as necessary to implement the residential state supplement 8,130
program.
To the extent permitted by Title XVI of the "Social 8,133
Security Act," and any other provision of federal law, the 8,134
department of human services shall adopt rules establishing 8,135
standards for adjusting the eligibility requirements concerning 8,136
the level of impairment a person must have so that the amount 8,137
appropriated for the program by the general assembly is adequate 8,138
for the number of eligible individuals. The rules shall not 8,139
limit the eligibility of disabled persons solely on a basis 8,140
classifying disabilities as physical or mental. The department 8,141
of human services also shall adopt rules that establish 8,142
eligibility standards for aged, blind, or disabled individuals 8,143
who reside in one of the homes or facilities specified in 8,144
division (B)(C)(1) of this section but who, because of their 8,147
income, do not receive supplemental security income payments. 8,148
THE RULES MAY PROVIDE THAT THESE INDIVIDUALS MAY INCLUDE 8,149
INDIVIDUALS WHO RECEIVE OTHER TYPES OF BENEFITS, INCLUDING SOCIAL 8,150
SECURITY DISABILITY INSURANCE BENEFITS PROVIDED UNDER TITLE II OF 8,151
THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 401, 8,152
AS AMENDED. Notwithstanding division (A)(B) of this section, 8,154
such payments may be made if funds are available for them. 8,155
The department of aging shall adopt rules establishing the 8,157
method to be used to determine the amount an eligible individual 8,158
will receive under the program. The amount the general assembly 8,159
appropriates for the program shall be a factor included in the 8,161
192
method that department establishes.
(D)(E) The county department of human services of the 8,163
county in which an applicant for the residential state supplement 8,166
program resides shall determine whether the applicant meets 8,167
income and resource requirements for the program.
(E)(F) The department of aging shall maintain a waiting 8,169
list of any individuals eligible for payments under this section 8,171
but not receiving them because moneys appropriated to the 8,172
department for the purposes of this section are insufficient to 8,173
make payments to all eligible individuals. That AN INDIVIDUAL 8,174
MAY APPLY TO BE PLACED ON THE WAITING LIST EVEN THOUGH THE 8,175
INDIVIDUAL DOES NOT RESIDE IN ONE OF THE HOMES OR FACILITIES 8,176
SPECIFIED IN DIVISION (C)(1) OF THIS SECTION AT THE TIME OF 8,177
APPLICATION. THE department OF AGING, by rules adopted in 8,178
accordance with Chapter 119. of the Revised Code, shall specify 8,179
procedures and requirements for placing an individual on the 8,180
waiting list. INDIVIDUALS ON THE WAITING LIST WHO RESIDE IN A 8,181
COMMUNITY SETTING NOT REQUIRED TO BE LICENSED OR CERTIFIED SHALL 8,182
HAVE THEIR ELIGIBILITY FOR THE PAYMENTS ASSESSED BEFORE OTHER 8,183
INDIVIDUALS ON THE WAITING LIST. 8,184
(F)(G) An individual in a licensed or certified living 8,186
arrangement receiving state supplementation on November 15, 1990, 8,187
under former section 5101.531 of the Revised Code shall not 8,188
become ineligible for payments under this section solely by 8,189
reason of his THE INDIVIDUAL'S living arrangement as long as he 8,191
THE INDIVIDUAL remains in the living arrangement in which he THE 8,192
INDIVIDUAL resided on November 15, 1990.
(G)(H) The department of aging shall notify each person 8,194
denied approval for payments under this section of his THE 8,195
PERSON'S right to a hearing. On request, the hearing shall be 8,196
provided by the department of human services in accordance with 8,197
section 5101.35 of the Revised Code. 8,198
Sec. 173.401. EFFECTIVE JULY 1, 2002, AND THE FIRST DAY OF 8,200
EACH JULY THEREAFTER, THE DEPARTMENT OF AGING SHALL ADJUST THE 8,202
193
RATE IT REIMBURSES PROVIDERS OF HOMEMAKER SERVICES, PERSONAL CARE
SERVICES, AND ADULT DAY CARE SERVICES UNDER THE PASSPORT PROGRAM 8,203
BY THE PERCENTAGE INCREASE IN THE GROSS DOMESTIC PRODUCT DEFLATOR 8,204
FOR THE PRECEDING CALENDAR YEAR AS DETERMINED BY THE BUREAU OF 8,206
ECONOMIC ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE. 8,207
THE DEPARTMENT OF AGING SHALL ADOPT RULES IN ACCORDANCE WITH 8,209
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION 8,210
OF THIS SECTION.
Sec. 307.851. (A) Notwithstanding anything to the 8,219
contrary in the Revised Code, a board of county commissioners of 8,220
a county that has enacted a tax levy under section 5705.191 of 8,221
the Revised Code may, in addition to exercising the other powers 8,223
granted to a board of county commissioners, MAY enter into a 8,224
contract with any corporation or association, whether the 8,226
corporation or association is for profit or nonprofit, for that 8,227
corporation or association to provide the services described in 8,228
this section and for the county to pay for those contracted 8,229
services with the proceeds of that tax levy, provided that IF THE 8,230
proceeds from the THAT tax levy are used only for the purpose or 8,232
purposes for which the tax was levied. Services for which a
contract may be entered into under this section are alcohol, drug 8,234
addiction, and mental health services; services for the mentally 8,236
retarded or developmentally disabled; and public ANY OR ALL 8,237
health AND HUMAN services OR SOCIAL SERVICES PROVIDED TO THE 8,238
RESIDENTS OF THE COUNTY.
(B) Before entering into a contract as provided in 8,240
division (A) of this section, the board of county commissioners 8,241
shall first SHALL notify, in writing, the alcohol, drug 8,243
addiction, and mental health services board; the board of mental 8,245
retardation and developmental disabilities; or the board of the 8,246
health district or combined general health district of that 8,248
county PARTICULAR COUNTY AGENCY, BOARD, DEPARTMENT, OR OTHER
ENTITY THAT IS REQUIRED TO PROVIDE, OVERSEE, OR ACQUIRE RELATED 8,249
MANDATED OR ESSENTIAL SERVICES, as appropriate for the service 8,250
194
SERVICES to be provided under the contract, of the board's BOARD 8,253
OF COUNTY COMMISSIONER'S intention to enter into a contract with 8,254
a corporation or association to provide a particular service THE 8,256
HEALTH AND HUMAN SERVICES OR SOCIAL SERVICES TO THE RESIDENTS OF 8,257
THE COUNTY. The notice shall delineate IDENTIFY the particular 8,259
service SERVICES to be SO provided, identify the corporation or 8,260
association with which the board proposes to contract, and 8,261
INDICATE the amount proposed to be paid to the corporation or 8,264
association for performing those services. The notified AGENCY, 8,265
board, DEPARTMENT, OR OTHER ENTITY has thirty days in which to 8,266
inform the board of county commissioners of its intention to 8,268
provide that service THE SERVICES itself or authorize the board 8,270
of county commissioners to contract with the proposed corporation 8,271
or association to provide the service SERVICES. If the board of 8,272
county commissioners receives no response from a notified AGENCY, 8,273
board, DEPARTMENT, OR OTHER ENTITY within the thirty-day period, 8,274
the notified AGENCY, board, DEPARTMENT, OR OTHER ENTITY shall be 8,277
deemed to have authorized the proposed contract. Once the 8,279
contract is authorized by each notified AGENCY, board,
DEPARTMENT, OR OTHER ENTITY, the board of county commissioners 8,281
may enter into a contract with the corporation or association, as 8,282
proposed.
(C) In addition to any other terms that the board OF 8,284
COUNTY COMMISSIONERS finds appropriate, any agreement entered 8,286
into under division (A) of this section shall provide all the 8,287
following:
(1) That the corporation or association shall keep current 8,289
and accurate accounts of its use of the moneys it receives from 8,290
the county;
(2) That the corporation or association shall, at least 8,293
annually, SHALL have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 8,295
Revised Code, of any services or programs it has performed with 8,296
county moneys. A copy of the fiscal audit report shall be 8,298
195
provided to the board of county commissioners, the county
auditor, and the auditor of state. 8,299
(3) That the corporation or association is liable to repay 8,301
to the county any county moneys it receives that are improperly 8,302
used;
(4) That the corporation or association shall repay to the 8,304
board OF COUNTY COMMISSIONERS all county moneys remaining unused 8,306
at the end of the fiscal year or other accounting period for 8,307
which the board paid the moneys, except that, when the recipient 8,309
is to receive county moneys in the next succeeding fiscal year or
other accounting period following the fiscal year or other 8,310
accounting period for which the board paid the moneys, the 8,311
recipient need not repay the county moneys remaining unused; 8,312
(5) That the corporation or association shall provide the 8,314
board of county commissioners annually a summary of the program 8,315
or service activities it has performed with county moneys. 8,317
Sec. 307.86. Anything to be purchased, leased, leased with 8,326
an option or agreement to purchase, or constructed, including, 8,327
but not limited to, any product, structure, construction, 8,328
reconstruction, improvement, maintenance, repair, or service, 8,329
except the services of an accountant, architect, attorney at law, 8,330
physician, professional engineer, construction project manager, 8,331
consultant, surveyor, or appraiser, by or on behalf of the county 8,332
or contracting authority, as defined in section 307.92 of the 8,333
Revised Code, at a cost in excess of fifteen thousand dollars, 8,334
except as otherwise provided in division (D) of section 713.23 8,335
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 8,336
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 8,337
5713.01, and 6137.05 of the Revised Code, shall be obtained 8,338
through competitive bidding. However, competitive bidding is not 8,339
required when ANY OF THE FOLLOWING APPLIES: 8,340
(A) The board of county commissioners, by a unanimous vote 8,342
of its members, makes a determination that a real and present 8,343
emergency exists, and such THAT determination and the reasons 8,345
196
therefor FOR IT are entered in the minutes of the proceedings of 8,346
the board, when EITHER OF THE FOLLOWING APPLIES: 8,347
(1) The estimated cost is less than fifty thousand 8,350
dollars; or.
(2) There is actual physical disaster to structures, radio 8,352
communications equipment, or computers. 8,353
Whenever a contract of purchase, lease, or construction is 8,355
exempted from competitive bidding under division (A)(1) of this 8,356
section because the estimated cost is less than fifty thousand 8,357
dollars, but the estimated cost is fifteen thousand dollars or 8,358
more, the county or contracting authority shall solicit informal 8,359
estimates from no fewer than three persons who could perform the 8,360
contract, before awarding the contract. With regard to each such 8,361
contract, the county or contracting authority shall maintain a 8,362
record of such estimates, including the name of each person from 8,363
whom an estimate is solicited, for no less than one year after 8,364
the contract is awarded. 8,365
(B) The purchase consists of supplies or a replacement or 8,367
supplemental part or parts for a product or equipment owned or 8,368
leased by the county, and the only source of supply for such THE 8,370
supplies, part, or parts is limited to a single supplier.
(C) The purchase is from the federal government, THE 8,372
state, another county or contracting authority thereof, OF 8,373
ANOTHER COUNTY, OR a board of education, township, or municipal 8,374
corporation.
(D) Public social services are purchased for provision by 8,376
the county department of human services under section 329.04 of 8,377
the Revised Code or program services, such as direct and 8,378
ancillary client services, child day-care, case management 8,379
services, residential services, and family resource services, are 8,380
purchased for provision by a county board of mental retardation 8,381
and developmental disabilities under section 5126.05 of the 8,382
Revised Code. 8,383
(E) The purchase consists of human and OR social services 8,386
197
SERVICE PROGRAMS by the board of county commissioners from 8,387
nonprofit corporations or associations under programs which are 8,388
funded entirely by the federal government OR BY STATE GRANTS. 8,389
(F) The purchase consists of any form of an insurance 8,391
policy or contract authorized to be issued under Title XXXIX of 8,392
the Revised Code or any form of health care plan authorized to be 8,394
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 8,396
contracting authority is authorized to purchase, and the 8,397
contracting authority does all of the following: 8,398
(1) Determines that compliance with the requirements of 8,400
this section would increase, rather than decrease, the cost of 8,401
such purchase; 8,402
(2) Employs a competent consultant to assist the 8,404
contracting authority in procuring appropriate coverages at the 8,405
best and lowest prices; 8,406
(3) Requests issuers of such policies, contracts, or plans 8,408
to submit proposals to the contracting authority, in a form 8,409
prescribed by the contracting authority, setting forth the 8,410
coverage and cost of such policies, contracts, or plans as the 8,411
contracting authority desires to purchase; 8,412
(4) Negotiates with such issuers for the purpose of 8,414
purchasing such policies, contracts, or plans at the best and 8,415
lowest price reasonably possible. 8,416
(G) The purchase consists of computer hardware, software, 8,418
or consulting services that are necessary to implement a 8,419
computerized case management automation project administered by 8,420
the Ohio prosecuting attorneys association and funded by a grant 8,421
from the federal government. 8,422
(H) Child day-care services are purchased for provision to 8,424
county employees. 8,425
(I)(1) Property, including land, buildings, and other real 8,427
property, is leased for offices, storage, parking, or other 8,428
purposes and all of the following apply: 8,429
198
(a) The contracting authority is authorized by the Revised 8,431
Code to lease the property;. 8,432
(b) The contracting authority develops requests for 8,434
proposals for leasing the property, specifying the criteria that 8,435
will be considered prior to leasing the property, including the 8,436
desired size and geographic location of the property;. 8,437
(c) The contracting authority receives responses from 8,439
prospective lessors with property meeting the criteria specified 8,440
in the requests for proposals by giving notice in a manner 8,441
substantially similar to the procedures established for giving 8,442
notice under section 307.87 of the Revised Code;. 8,443
(d) The contracting authority negotiates with the 8,445
prospective lessors to obtain a lease at the best and lowest 8,446
price reasonably possible considering the fair market value of 8,447
the property and any relocation and operational costs that may be 8,448
incurred during the period the lease is in effect. 8,450
(2) The contracting authority may use the services of a 8,452
real estate appraiser to obtain advice, consultations, or other 8,453
recommendations regarding the lease of property under this 8,454
division. 8,455
(J) The purchase is made pursuant to section 5139.34 or 8,457
sections 5139.41 to 5139.46 of the Revised Code and is of 8,458
programs or services that provide case management, treatment, or 8,459
prevention services to any felony or misdemeanant delinquent, 8,460
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, such services as 8,461
community residential care, day treatment, services to children 8,463
in their home, or electronic monitoring. 8,464
(K) THE PURCHASE IS MADE BY A PUBLIC CHILDREN SERVICES 8,466
AGENCY PURSUANT TO SECTION 307.92 OR 5153.16 OF THE REVISED CODE 8,467
AND CONSISTS OF SOCIAL SERVICES, PROGRAMS, OR ANCILLARY SERVICES 8,468
THAT PROVIDE CASE MANAGEMENT, PREVENTION, OR TREATMENT SERVICES 8,470
FOR CHILDREN AT RISK OF BEING OR ALLEGED TO BE ABUSED, NEGLECTED, 8,471
OR DEPENDENT CHILDREN.
199
Any issuer of policies, contracts, or plans listed in 8,473
division (F) of this section and any prospective lessor under 8,474
division (I) of this section may have the issuer's or prospective 8,475
contractor's name and address, or the name and address of an 8,476
agent, placed on a special notification list to be kept by the 8,478
contracting authority, by sending the contracting authority such 8,479
name and address. The contracting authority shall send notice to 8,480
all persons listed on the special notification list. Notices 8,481
shall state the deadline and place for submitting proposals. The 8,482
contracting authority shall mail the notices at least six weeks 8,483
prior to the deadline set by the contracting authority for 8,484
submitting such proposals. Every five years the contracting 8,485
authority may review this list and remove any person from the 8,486
list after mailing the person notification of such action. 8,487
Any contracting authority that negotiates a contract under 8,489
division (F) of this section shall request proposals and 8,490
renegotiate with issuers in accordance with that division at 8,491
least every three years from the date of the signing of such a 8,492
contract. 8,493
Any consultant employed pursuant to division (F) of this 8,495
section and any real estate appraiser employed pursuant to 8,496
division (I) of this section shall disclose any fees or 8,497
compensation received from any source in connection with that 8,498
employment.
Sec. 307.98. Each board of county commissioners shall 8,508
enter into a written partnership agreement with the director of 8,509
human services in accordance with section 5101.21 of the Revised
Code. Prior to entering into or substantially amending the 8,511
agreement, the board shall conduct a public hearing and consult 8,513
with the county human services planning committee established 8,514
under section 329.06 of the Revised Code. Through the hearing
and consultation, the board shall obtain comments and 8,515
recommendations concerning what would be the county's obligations 8,517
and responsibilities under the agreement or amendment. AS 8,518
200
EVIDENCE THAT THE BOARD CONSULTED WITH THE COUNTY HUMAN SERVICES
PLANNING COMMITTEE, THE COMMITTEE'S CHAIR SHALL SIGN A LETTER 8,519
CONFIRMING THAT THE CONSULTATION OCCURRED, WHICH SHALL BE 8,520
ATTACHED TO THE PARTNERSHIP AGREEMENT AND ANY SUBSTANTIAL 8,521
AMENDMENTS TO THE AGREEMENT.
Sec. 311.01. (A) A sheriff shall be elected quadrennially 8,530
in each county. A sheriff shall hold office for a term of four 8,531
years, beginning on the first Monday of January next after the 8,532
sheriff's election. 8,533
(B) On and after January 1, 1988, except EXCEPT as 8,535
otherwise provided in this section, no person is eligible to be a 8,536
candidate for sheriff, and no person shall be elected or 8,537
appointed to the office of sheriff, unless that person meets all 8,538
of the following requirements: 8,539
(1) The person is a citizen of the United States;. 8,541
(2) The person has been a resident of the county in which 8,543
the person is a candidate for or is appointed to the office of 8,545
sheriff for at least one year immediately prior to the 8,546
qualification date;.
(3) The person has the qualifications of an elector as 8,548
specified in section 3503.01 of the Revised Code and has complied 8,550
with all applicable election laws;. 8,551
(4) The person has been awarded a high school diploma or a 8,553
certificate of high school equivalence issued for achievement of 8,555
specified minimum scores on the general educational development 8,556
test of the American council on education;. 8,557
(5) The person has not been convicted of or pleaded guilty 8,559
to a felony or any offense involving moral turpitude under the 8,560
laws of this or any other state or the United States, and has not 8,561
been convicted of or pleaded guilty to an offense that is a 8,562
misdemeanor of the first degree under the laws of this state or 8,563
an offense under the laws of any other state or the United States 8,564
that carries a penalty that is substantially equivalent to the 8,565
penalty for a misdemeanor of the first degree under the laws of 8,566
201
this state;. 8,567
(6) The person has been fingerprinted and has been the 8,569
subject of a search of local, state, and national fingerprint 8,571
files to disclose any criminal record. Such fingerprints shall 8,572
be taken under the direction of the administrative judge of the 8,573
court of common pleas who, prior to the applicable qualification 8,574
date, shall notify the board of elections, board of county 8,575
commissioners, or county central committee of the proper 8,576
political party, as applicable, of the judge's findings. 8,577
(7) The person has prepared a complete history of the 8,580
person's places of residence for a period of six years 8,581
immediately preceding the qualification date and a complete 8,582
history of the person's places of employment for a period of six 8,583
years immediately preceding the qualification date, indicating 8,584
the name and address of each employer and the period of time 8,585
employed by that employer. The residence and employment 8,586
histories shall be filed with the administrative judge of the 8,587
court of common pleas of the county, who shall forward them with 8,588
the findings under division (B)(6) of this section to the 8,589
appropriate board of elections, board of county commissioners, or 8,590
county central committee of the proper political party prior to 8,591
the applicable qualification date.
(8) The person meets at least one of the following 8,593
conditions:
(a) Has obtained or held, within the four-year period 8,595
ending immediately prior to the qualification date, a valid basic 8,596
peace officer certificate of training issued by the Ohio peace 8,597
officer training council COMMISSION or has been issued a 8,598
certificate of training pursuant to section 5503.05 of the 8,599
Revised Code, and, within the four-year period ending immediately 8,601
prior to the qualification date, has been employed as an 8,602
appointee pursuant to section 5503.01 of the Revised Code or as a 8,603
full-time peace officer as defined in section 109.71 of the 8,604
Revised Code performing duties related to the enforcement of
202
statutes, ordinances, or codes; 8,605
(b) Has obtained or held, within the three-year period 8,607
ending immediately prior to the qualification date, a valid basic 8,608
peace officer certificate of training issued by the Ohio peace 8,609
officer training council COMMISSION and has been employed for at 8,610
least the last five THREE years prior to the qualification date 8,611
as a full-time law enforcement officer, as defined in division 8,613
(K)(A)(11) of section 2901.01 of the Revised Code, performing 8,615
duties related to the enforcement of statutes, ordinances, or
codes. 8,616
(9) The person meets at least one of the following 8,618
conditions:
(a) Has at least two years of supervisory experience as a 8,621
peace officer at the rank of corporal or above, or has been 8,623
appointed pursuant to section 5503.01 of the Revised Code and
served at the rank of sergeant or above, in the five-year period 8,624
ending immediately prior to the qualification date; 8,625
(b) Has completed satisfactorily at least two years of 8,628
post-secondary education or the equivalent in semester or quarter 8,629
hours in a college or university authorized to confer degrees by 8,630
the Ohio board of regents or the comparable agency of another 8,631
state in which the college or university is located. 8,632
(C) Persons who meet the requirements of division (B) of 8,634
this section, except the requirement of division (B)(2) of this 8,635
section, may take all actions otherwise necessary to comply with 8,637
division (B) of this section. If, on the applicable 8,638
qualification date, no person has met all the requirements of 8,639
division (B) of this section, then persons who have complied with 8,640
and meet the requirements of division (B) of this section, except 8,641
the requirement of division (B)(2) of this section, shall be 8,642
considered qualified candidates under division (B) of this 8,643
section.
(D) Newly elected sheriffs shall attend a basic training 8,646
course conducted by the Ohio peace officer training council 8,647
203
COMMISSION pursuant to division (A) of section 109.80 of the 8,648
Revised Code. A newly elected sheriff shall complete not less 8,649
than two weeks of this course before the first Monday in January 8,650
next after the sheriff's election. While attending the basic 8,651
training course, a newly elected sheriff may, with the approval 8,652
of the board of county commissioners, receive compensation, paid 8,653
for from funds established by the sheriff's county for this
purpose, in the same manner and amounts as if carrying out the 8,654
powers and duties of the office of sheriff. 8,655
Appointed sheriffs shall attend the first basic training 8,658
course conducted by the Ohio peace officer training commission 8,659
pursuant to division (A) of section 109.80 of the Revised Code 8,660
within six months following the date of appointment or election 8,661
to the office of sheriff. commission commission While attending 8,663
the basic training course, appointed sheriffs shall receive
regular compensation in the same manner and amounts as if 8,664
carrying out their regular powers and duties. 8,665
Five days of instruction at the basic training course shall 8,667
be considered equal to one week of work. The costs of conducting 8,668
the basic training course and the costs of meals, lodging, and 8,669
travel of appointed and newly elected sheriffs attending the 8,670
course shall be paid from state funds appropriated to the 8,671
commission for this purpose.
(E) Beginning in the second calendar year of the term of 8,673
appointed and newly elected sheriffs appointed or elected on or 8,674
after January 1, 1988, and beginning in calendar year 1988 for 8,675
other sheriffs, and in IN each calendar year thereafter, each 8,677
sheriff shall attend and successfully complete at least sixteen 8,678
hours of continuing education approved under division (B) of 8,679
section 109.80 of the Revised Code. A sheriff who receives a 8,680
waiver of the continuing education requirement from the 8,681
commission under division (C) of section 109.80 of the Revised 8,682
Code because of medical disability or for other good cause shall 8,683
complete the requirement at the earliest time after the 8,684
204
disability or cause terminates. 8,685
(F)(1) Each person who is a candidate for election to or 8,687
who is under consideration for appointment to the office of 8,688
sheriff shall swear before the administrative judge of the court 8,689
of common pleas as to the truth of any information the person 8,690
provides to verify the person's qualifications for the office. A 8,692
person who violates this requirement is guilty of falsification 8,693
under section 2921.13 of the Revised Code.
(2) Each board of elections shall certify whether or not a 8,695
candidate for the office of sheriff who has filed a declaration 8,696
of candidacy, a statement of candidacy, or a declaration of 8,697
intent to be a write-in candidate meets the qualifications 8,698
specified in divisions (B) and (C) of this section. 8,699
(G) The office of a sheriff who is required to comply with 8,701
division (D) or (E) of this section and who fails to successfully 8,702
complete the courses pursuant to those divisions is hereby deemed 8,703
to be vacant. 8,704
(H) As used in this section: 8,706
(1) "Qualification date" means the last day on which a 8,708
candidate for the office of sheriff can file a declaration of 8,709
candidacy, a statement of candidacy, or a declaration of intent 8,710
to be a write-in candidate, as applicable, in the case of a 8,711
primary election for the office of sheriff; the last day on which 8,712
a person may be appointed to fill a vacancy in a party nomination 8,713
for the office of sheriff under Chapter 3513. of the Revised 8,714
Code, in the case of a vacancy in the office of sheriff; or a 8,715
date thirty days after the day on which a vacancy in the office 8,716
of sheriff occurs, in the case of an appointment to such a 8,717
vacancy under section 305.02 of the Revised Code. 8,718
(2) "Newly elected sheriff" means a person who did not 8,720
hold the office of sheriff of a county on the date the person was 8,721
elected sheriff of that county. 8,722
Sec. 329.023. EACH COUNTY DEPARTMENT OF HUMAN SERVICES 8,724
SHALL HAVE HOURS OF OPERATION OUTSIDE THE COUNTY DEPARTMENT'S 8,725
205
NORMAL HOURS OF OPERATION DURING WHICH THE COUNTY DEPARTMENT WILL 8,726
ACCEPT FROM EMPLOYED INDIVIDUALS APPLICATIONS FOR THE PROGRAMS 8,727
ADMINISTERED BY THE COUNTY DEPARTMENT AND ASSIST EMPLOYED PROGRAM 8,729
RECIPIENTS AND PARTICIPANTS WITH MATTERS RELATED TO THE PROGRAMS.
Sec. 329.04. (A) The county department of human services 8,738
shall have, exercise, and perform the following powers and 8,739
duties:
(1) Perform any duties assigned by the department of human 8,742
services regarding the provision of public social services, 8,743
including the provision of the following services to prevent or 8,744
reduce economic or personal dependency and to strengthen family 8,745
life:
(a) Services authorized by Title IV-A of the "Social 8,747
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 8,749
and known in this state as the Ohio works first program 8,750
established by Chapter 5107. of the Revised Code and the 8,751
prevention, retention, and contingency program established under 8,752
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 8,755
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 8,757
support enforcement agency, services authorized by Title IV-D of 8,758
the "Social Security Act" and provided for by sections 2301.34 to 8,759
2301.44 of the Revised Code. The county department may perform 8,761
the services itself or contract with other government entities, 8,762
and, pursuant to division (C) of section 2301.35 and section 8,763
2301.42 of the Revised Code, private entities, to perform the 8,764
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 8,766
of the Revised Code as required by the state department of human 8,767
services;
(3) Administer burials insofar as the administration of 8,769
burials was, prior to September 12, 1947, imposed upon the board 8,770
206
of county commissioners and if otherwise required by state law; 8,771
(4) Cooperate with state and federal authorities in any 8,773
matter relating to human services and to act as the agent of such 8,774
authorities;
(5) Submit an annual account of its work and expenses to 8,777
the board of county commissioners and to the department of human 8,778
services at the close of each fiscal year;
(6) Exercise any powers and duties relating to human 8,781
services imposed upon the county department of human services by 8,782
law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet 8,783
emergencies during war or peace; 8,784
(7) Determine the eligibility for medical assistance of 8,786
recipients of aid under Title XVI of the "Social Security Act"; 8,787
(8) IF ASSIGNED BY THE DIRECTOR OF HUMAN SERVICES UNDER 8,789
SECTION 5101.515 OF THE REVISED CODE, DETERMINE APPLICANTS' 8,790
ELIGIBILITY FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S HEALTH 8,791
INSURANCE PROGRAM PART II;
(9) Enter into a plan of cooperation with the board of 8,793
county commissioners under section 307.983, consult with the 8,795
board in the development of the transportation work plan
developed under section 307.984, establish with the board 8,796
procedures under section 307.985 for providing services to 8,797
children whose families relocate frequently, and comply with the 8,798
partnership agreement the board enters into under section 307.98
and contracts the board enters into under sections 307.981 and 8,799
307.982 of the Revised Code that affect the county department. 8,800
(B) The powers and duties of a county department of human 8,802
services are, and shall be exercised and performed, under the 8,803
control and direction of the board of county commissioners. The 8,804
board may assign to the county department any power or duty of 8,805
the board regarding human services. If the new power or duty
necessitates the state department of human services changing its 8,806
federal cost allocation plan, the county department may not 8,807
207
implement the power or duty unless the United States department 8,808
of health and human services approves the changes. 8,809
Sec. 329.041. IN EACH COUNTY IN WHICH THERE IS A COUNTY 8,811
TRANSIT BOARD ESTABLISHED BY SECTION 306.01 OF THE REVISED CODE, 8,812
A COUNTY TRANSIT SYSTEM OPERATED UNDER THAT SECTION, OR A 8,814
REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 306.32 OF THE 8,815
REVISED CODE, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL MEET 8,816
NOT LESS THAN ONCE EACH CALENDAR QUARTER WITH TRANSIT 8,817
REPRESENTATIVES OF THE BOARD, SYSTEM, OR AUTHORITY. THE 8,818
DEPARTMENT AND TRANSIT REPRESENTATIVES SHALL DISCUSS THE 8,819
TRANSPORTATION NEEDS OF THE COUNTY'S OHIO WORKS FIRST 8,820
PARTICIPANTS, REVIEW EXISTING EFFORTS AND DEVELOP NEW OPTIONS TO 8,821
MEET THOSE NEEDS, AND MEASURE THE ACCOMPLISHMENTS OF THOSE 8,822
EFFORTS.
Sec. 329.06. (A) Except as provided in division (C) of 8,832
this section, the board of county commissioners shall establish a 8,833
county human services planning committee. The board shall 8,834
appoint a member to represent the county department of human 8,835
services; an employee in the classified civil service of the 8,836
county department of human services, if there are any such
employees; and a member to represent the public. The board shall 8,837
appoint other individuals to the committee in such a manner that 8,838
the committee's membership is broadly representative of the 8,839
groups of individuals and the public and private entities that 8,840
have an interest in the social services provided in the county. 8,841
The board shall make appointments in a manner that reflects the 8,842
ethnic and racial composition of the county. The following 8,843
groups and entities may be represented on the committee: 8,844
(1) Consumers of social services; 8,846
(2) The public children services agency; 8,848
(3) The child support enforcement agency; 8,850
(4) The county family and children first council; 8,852
(5) Public and private colleges and universities; 8,854
(6) Public entities that provide social services, 8,856
208
including boards of health, boards of education, the county board 8,858
of mental retardation and developmental disabilities, and the 8,859
board of alcohol, drug addiction, and mental health services that 8,860
serves the county;
(7) Private nonprofit and for-profit entities that provide 8,863
social services in the county or that advocate for consumers of 8,864
social services in the county, including entities that provide
services to or advocate for victims of domestic violence; 8,865
(8) Labor organizations; 8,867
(9) Any other group or entity that has an interest in the 8,869
social services provided in the county, including groups or 8,870
entities that represent any of the county's business, urban, and 8,871
rural sectors. 8,872
(B) The county human services planning committee shall do 8,875
all of the following: 8,876
(1) Serve as an advisory body to the board of county 8,878
commissioners with regard to the social services provided in the 8,879
county, including assistance under Chapters 5107. and 5108. of 8,881
the Revised Code, publicly funded child day-care under Chapter 8,884
5104. of the Revised Code, and social services provided under 8,887
section 5101.46 of the Revised Code; 8,889
(2) AT LEAST ONCE A YEAR, REVIEW AND ANALYZE THE COUNTY 8,891
DEPARTMENT OF HUMAN SERVICES' IMPLEMENTATION OF THE PROGRAMS 8,892
ESTABLISHED UNDER CHAPTERS 5107. AND 5108. OF THE REVISED CODE. 8,893
IN ITS REVIEW, THE COMMITTEE SHALL USE INFORMATION AVAILABLE TO 8,895
IT TO EXAMINE ALL OF THE FOLLOWING: 8,896
(a) RETURN OF ASSISTANCE GROUPS TO PARTICIPATION IN EITHER 8,899
PROGRAM AFTER CEASING TO PARTICIPATE;
(b) TEEN PREGNANCY RATES AMONG THE PROGRAMS' PARTICIPANTS; 8,901
(c) THE OTHER TYPES OF ASSISTANCE THE PROGRAMS' 8,903
PARTICIPANTS RECEIVE, INCLUDING MEDICAL ASSISTANCE UNDER CHAPTER 8,904
5111. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER 8,906
CHAPTER 5104. OF THE REVISED CODE, FOOD STAMP BENEFITS UNDER 8,908
SECTION 5101.54 OF THE REVISED CODE, AND ENERGY ASSISTANCE UNDER 8,910
209
CHAPTER 5117. OF THE REVISED CODE; 8,911
(d) OTHER ISSUES THE COMMITTEE CONSIDERS APPROPRIATE. 8,913
THE COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF 8,915
COUNTY COMMISSIONERS AND COUNTY DEPARTMENT OF HUMAN SERVICES 8,916
REGARDING THE COMMITTEE'S FINDINGS. 8,917
(3) Provide comments and recommendations to the board 8,919
prior to the board's entering into or substantially amending a 8,920
partnership agreement with the director of human services under 8,923
section 307.98 of the Revised Code; 8,924
(3)(4) Conduct public hearings on proposed county profiles 8,927
for the provision of social services under section 5101.46 of the 8,928
Revised Code; 8,930
(4)(5) At the request of the board, make recommendations 8,932
and provide assistance regarding the social services provided in 8,933
the county; 8,934
(5)(6) At any other time the committee considers 8,936
appropriate, consult with the board and make recommendations 8,937
regarding the social services provided in the county. The 8,938
committee's recommendations may address the following: 8,939
(a) Implementation and administration of social service 8,942
programs;
(b) Use of federal, state, and local funds available for 8,945
social service programs;
(c) Establishment of goals to be achieved by social 8,948
service programs;
(d) Evaluation of the outcomes of social service programs; 8,951
(e) Any other matter the board considers relevant to the 8,954
provision of social services.
(C) If there is a committee in existence in a county on 8,957
the effective date of this amendment OCTOBER 1, 1997, that the 8,958
board of county commissioners determines is capable of fulfilling 8,960
the responsibilities of a county human services planning 8,961
committee, the board may designate the committee as the county's 8,962
human services planning committee and the committee shall serve 8,963
210
in that capacity.
Sec. 329.07. AS USED IN THIS SECTION, "OHIO WORKS FIRST" 8,965
AND "TITLE IV-A" HAVE THE SAME MEANINGS AS IN SECTION 5107.02 OF 8,968
THE REVISED CODE.
EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE AT 8,970
LEAST ONE OHIO WORKS FIRST OMBUDSPERSON. A COUNTY DEPARTMENT MAY 8,971
PROVIDE FOR AN OHIO WORKS FIRST PARTICIPANT WHO RESIDES IN THE 8,972
COUNTY THE COUNTY DEPARTMENT SERVES AND IS QUALIFIED TO PERFORM 8,973
THE DUTIES OF AN OMBUDSPERSON TO BE AN OMBUDSPERSON. IF NO OHIO 8,975
WORKS FIRST PARTICIPANT RESIDING IN THE COUNTY THE COUNTY 8,976
DEPARTMENT SERVES IS QUALIFIED TO PERFORM THE DUTIES OF AN
OMBUDSPERSON, THE COUNTY DEPARTMENT SHALL PROVIDE FOR ONE OR MORE 8,977
EMPLOYEES OF THE COUNTY DEPARTMENT TO BE OMBUDSPERSONS OR 8,978
CONTRACT WITH A PERSON OR GOVERNMENT ENTITY FOR THE PERSON OR 8,979
ENTITY TO PERFORM THE DUTIES OF AN OMBUDSPERSON FOR THE COUNTY 8,980
DEPARTMENT. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE COUNTY 8,981
DEPARTMENT MAY USE FUNDS AVAILABLE UNDER TITLE IV-A TO PROVIDE 8,982
FOR COUNTY DEPARTMENT EMPLOYEES OR A PERSON OR GOVERNMENT ENTITY 8,984
UNDER CONTRACT WITH THE COUNTY DEPARTMENT TO PERFORM THE DUTIES 8,985
OF AN OMBUDSPERSON.
AN OHIO WORKS FIRST OMBUDSPERSON SHALL HELP OHIO WORKS 8,987
FIRST APPLICANTS AND PARTICIPANTS RESOLVE COMPLAINTS THE 8,988
APPLICANTS AND PARTICIPANTS HAVE ABOUT THE ADMINISTRATION OF OHIO 8,989
WORKS FIRST AND HELP PARTICIPANTS CONTACT CASEWORKERS FOR THE 8,990
PURPOSE OF SCHEDULING MEETINGS UNDER SECTION 5107.161 OF THE 8,991
REVISED CODE.
Sec. 329.12. (A) A county department of human services 9,001
may establish an individual development account program for 9,002
residents of the county. The program shall provide for 9,003
establishment of accounts for participants and acceptance of
contributions from others INDIVIDUALS AND ENTITIES, INCLUDING THE 9,004
COUNTY DEPARTMENT, to be used as matching funds for deposit in 9,005
the accounts. 9,006
(B) A county department shall select a fiduciary 9,010
211
organization to administer its individual development account 9,011
program. In selecting a fiduciary organization, the department 9,013
shall consider all of the following regarding the organization: 9,015
(1) Its ability to market the program to potential 9,017
participants and matching fund contributors; 9,018
(2) Its ability to invest money in the accounts in a way 9,021
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 9,023
ability to verify eligibility of individuals for participation in 9,024
the program, prevent unauthorized use of matching contributions, 9,026
and enforce any penalties for unauthorized uses that may be 9,027
provided for by rule adopted by the state department of human 9,028
services under section 5101.971 of the Revised Code.; 9,029
(4) Its ability to provide financial counseling to 9,032
participants;
(5) Its affiliation with other activities designed to 9,034
increase the independence of individuals and families through 9,035
postsecondary education, home ownership, and business 9,036
development; 9,037
(6) Any other factor the county department considers 9,039
appropriate.
(C) At the time it commences the program and on the first 9,043
day of each subsequent program year, the county department may 9,044
make a grant to the fiduciary organization to pay all or part of 9,045
the administrative costs of the program.
(D) The county department shall require the fiduciary 9,049
organization to collect and maintain information regarding the 9,050
program, including all of the following: 9,051
(1) The number of accounts established; 9,053
(2) The amount deposited by each participant and the 9,056
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 9,058
including the number of participants who used funds for 9,059
postsecondary educational expenses and the institutions attended, 9,061
212
the number of personal residences purchased, and the number of 9,062
participants who used funds for business capitalization; 9,063
(4) The demographics of program participants; 9,065
(5) The number of participants who withdrew from the 9,067
program and the reasons for withdrawal. 9,068
(E) The county department shall prepare and file with the 9,072
state department of human services a semi-annual report 9,073
containing the information the state department requires by rule 9,074
adopted under section 5101.971 of the Revised Code, with the 9,076
first report being filed at the end of the six-month period 9,077
following the effective date of this section OCTOBER 1, 1997. 9,078
Sec. 340.03. (A) Subject to rules issued by the director 9,087
of mental health after consultation with relevant constituencies 9,088
as required by division (A)(11) of section 5119.06 of the Revised 9,089
Code, with regard to mental health services, the board of 9,090
alcohol, drug addiction, and mental health services shall: 9,091
(1) Serve as the community mental health planning agency 9,093
for the county or counties under its jurisdiction, and in so 9,094
doing it shall: 9,095
(a) Evaluate the need for mental health programs and 9,097
facilities; 9,098
(b) Assess the community mental health needs, set 9,100
priorities, and develop plans for the operation of community 9,101
mental health services and programs, and facilities for those 9,102
services and programs, in cooperation with other local and 9,103
regional planning and funding bodies and with relevant ethnic 9,104
organizations; 9,105
(c) In accordance with guidelines issued by the director 9,107
of mental health after consultation with board representatives, 9,108
develop and submit to the department of mental health, no later 9,109
than six months prior to the conclusion of the fiscal year in 9,110
which the board's current plan is scheduled to expire, a 9,111
community mental health plan listing community mental health 9,112
needs, including the needs of all residents of the district now 9,113
213
residing in state mental institutions and severely mentally 9,114
disabled adults, children, and adolescents; all children subject 9,116
to a determination made pursuant to section 121.38 of the Revised
Code; and all mental health programs and facilities that are or 9,119
will be in operation during the period for which the plan will be 9,120
in operation in the service district to meet such needs. 9,121
The plan shall include, but not be limited to, a statement 9,123
of which of the services listed in section 340.09 of the Revised 9,124
Code the board intends to provide or purchase, an explanation of 9,125
how the board intends to make any payments that it may be 9,126
required to pay under section 5119.62 of the Revised Code, a 9,127
statement of the inpatient and community-based services the board 9,128
proposes that the department operate, an assessment of the number 9,129
and types of residential facilities needed, and such other 9,130
information as the department requests, and a budget for moneys 9,131
the board expects to receive. The board shall also submit an 9,132
allocation request for state and federal funds. Within sixty 9,133
days after the department's determination that the plan and 9,134
allocation request are complete, the department shall approve or 9,135
disapprove the plan and request, in whole or in part, according 9,136
to the criteria developed pursuant to section 5119.61 of the 9,137
Revised Code. The department's statement of approval or 9,138
disapproval shall specify the inpatient and the community-based 9,139
services that the department will operate for the board. 9,140
Eligibility for financial support shall be contingent upon an 9,141
approved plan or relevant part of a plan. 9,142
If the director disapproves all or part of any plan, he THE 9,144
DIRECTOR shall inform the board of the reasons for the 9,145
disapproval and of the criteria that must be met before the plan 9,146
may be approved. The director shall provide the board an 9,147
opportunity to present its case on behalf of the plan. The 9,148
director shall give the board a reasonable time in which to meet 9,149
the criteria, and shall offer the board technical assistance to 9,150
help it meet the criteria. 9,151
214
If the approval of a plan remains in dispute thirty days 9,153
prior to the conclusion of the fiscal year in which the board's 9,154
current plan is scheduled to expire, the board or the director 9,155
may request that the dispute be submitted to a mutually agreed 9,156
upon third-party mediator with the cost to be shared by the board 9,157
and the department. The mediator shall issue to the board and 9,158
the department recommendations for resolution of the dispute. 9,159
Prior to the conclusion of the fiscal year in which the current 9,160
plan is scheduled to expire, the director, taking into 9,161
consideration the recommendations of the mediator, shall make a 9,162
final determination and approve or disapprove the plan, in whole 9,163
or in part. 9,164
If a board determines that it is necessary to amend a plan 9,166
or an allocation request that has been approved under division 9,167
(A)(1)(c) of this section, the board shall submit a proposed 9,168
amendment to the director. The director may approve or 9,169
disapprove all or part of the amendment. If the director does 9,170
not approve all or part of the amendment within thirty days after 9,171
it is submitted, the amendment or part of it shall be considered 9,172
to have been approved. The director shall inform the board of 9,173
the reasons for disapproval of all or part of an amendment and of 9,175
the criteria that must be met before the amendment may be 9,177
approved. The director shall provide the board an opportunity to 9,178
present its case on behalf of the amendment. The director shall 9,179
give the board a reasonable time in which to meet the criteria, 9,180
and shall offer the board technical assistance to help it meet 9,181
the criteria.
The board shall implement the plan approved by the 9,183
department. 9,184
(d) Receive, compile, and transmit to the department of 9,186
mental health applications for state reimbursement; 9,187
(e) Promote, arrange, and implement working agreements 9,189
with social agencies, both public and private, and with judicial 9,190
agencies. 9,191
215
(2) Investigate, or request another agency to investigate, 9,193
any complaint alleging abuse or neglect of any person receiving 9,194
services from a community mental health agency as defined in 9,195
section 5122.01 of the Revised Code, or from a residential 9,196
facility licensed under section 5119.22 of the Revised Code. If 9,197
the investigation substantiates the charge of abuse or neglect, 9,198
the board shall take whatever action it determines is necessary 9,199
to correct the situation, including notification of the 9,200
appropriate authorities. Upon request, the board shall provide 9,201
information about such investigations to the department. 9,202
(3) Review, evaluate, and conduct program audits for 9,204
community mental health services, facilities, and agencies 9,205
seeking federal, state, or board assistance, review licensure 9,206
applications pursuant to section 5119.22 of the Revised Code, and 9,207
determine if the services meet minimum standards established 9,208
pursuant to division (G) of section 5119.01 of the Revised Code 9,209
and submit its findings and recommendations to the department of 9,210
mental health.; 9,211
(4) Audit, in accordance with rules adopted by the auditor 9,213
of state pursuant to section 117.20 of the Revised Code, at least 9,214
annually all programs and services provided under contract with 9,215
the board. In so doing, the board may contract for or employ the 9,216
services of private auditors. A copy of the fiscal audit report 9,217
shall be provided to the director of mental health, the auditor 9,218
of state, and the county auditor of each county in the board's 9,219
district. 9,220
(5) Recruit and promote local financial support for mental 9,222
health programs from private and public sources; 9,223
(6)(a) Enter into contracts with public and private 9,225
agencies for the provision of mental health services and 9,226
facilities. Section 307.86 of the Revised Code does not apply to 9,227
contracts entered into under this division. In contracting with 9,228
a public or private agency, a board shall consider the cost 9,229
effectiveness of services provided by that agency and the quality 9,230
216
and continuity of care, and may review cost elements, including 9,231
salary costs, of the services to be provided. A utilization 9,232
review process shall be established as part of the contract for 9,233
services entered into between a board and a public or private 9,234
agency. The board may establish this process in a way which is 9,235
most effective and efficient in meeting local needs. IN THE CASE 9,236
OF A CONTRACT WITH A COMMUNITY MENTAL HEALTH FACILITY DESCRIBED 9,237
IN DIVISION (B) OF SECTION 5111.022 OF THE REVISED CODE TO 9,238
PROVIDE SERVICES ESTABLISHED BY DIVISION (A) OF THAT SECTION, THE 9,239
CONTRACT SHALL PROVIDE FOR THE FACILITY TO BE PAID IN ACCORDANCE 9,240
WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS OF HUMAN 9,241
SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT SECTION AND 9,242
ANY RULES ADOPTED UNDER DIVISION (A) OF SECTION 5119.61 OF THE 9,243
REVISED CODE.
If either the board or a community mental health agency 9,245
with which it contracts for mental health services, programs, or 9,246
facilities proposes not to renew the contract or proposes 9,247
substantial changes in contract terms, the other party shall be 9,248
given written notice at least one hundred twenty days before the 9,249
expiration date of the contract. During the first sixty days of 9,250
this one hundred twenty-day period, both parties shall attempt to 9,251
resolve any dispute through good faith collaboration and 9,252
negotiation in order to continue to provide services to persons 9,253
in need. If the dispute has not been resolved sixty days before 9,254
the expiration date of the contract, either party may notify the 9,255
department of mental health of the unresolved dispute. The 9,256
director may require both parties to submit the dispute to a 9,257
third party with the cost to be shared by the board and the 9,258
agency. The third party shall issue to the board, the agency, 9,259
and the department recommendations on how the dispute may be 9,260
resolved twenty days prior to the expiration date of the 9,261
contract, unless both parties agree to a time extension. The 9,262
director shall adopt rules establishing the procedures of this 9,263
dispute resolution process. 9,264
217
(b) With the prior approval of the director of mental 9,266
health, a board may operate a mental health service, program, or 9,267
facility as follows, if there is no other qualified private or 9,268
public agency that is immediately available and willing to 9,269
operate such service, program, or facility: 9,270
(i) In an emergency situation, any board may operate a 9,272
mental health service, program, or facility in order to provide 9,273
essential services for the duration of the emergency; 9,274
(ii) In a service district with a population of at least 9,276
one hundred thousand but less than five hundred thousand, a board 9,277
may operate a mental health service, program, or facility for no 9,278
longer than one year; 9,279
(iii) In a service district with a population of less than 9,281
one hundred thousand, a board may operate a mental health 9,282
service, program, or facility for no longer than one year, except 9,283
that such a board may operate a mental health service, program, 9,284
or facility for more than one year with the prior approval of the 9,285
director and the prior approval of the board of county 9,286
commissioners, or of a majority of the boards of county 9,287
commissioners if the district is a joint-county district. 9,288
The director shall not give a board approval to operate a 9,291
mental health service, program, or facility under division
(A)(6)(b)(ii) or (iii) of this section unless the director 9,292
determines that it is not feasible to have the department operate 9,294
the service, program, or facility. 9,295
The director shall not give a board approval to operate a 9,298
mental health service, program, or facility under division
(A)(6)(b)(iii) of this section unless the director determines 9,299
that the board's service, program, or facility will provide 9,301
greater administrative efficiency and more or better services 9,302
than would be available if the board contracted with a private or 9,303
public agency for provision of the services. 9,304
The director shall not give a board approval to operate a 9,307
mental health service, program, or facility previously operated
218
by a community mental health agency unless the board has 9,308
established to the director's satisfaction that the agency cannot 9,309
effectively provide the service, program, or facility, or that 9,310
the agency has requested the board to take over operation of the 9,311
service, program, or facility. 9,312
The director shall review and evaluate the operation of 9,314
each mental health service, program, or facility operated by a 9,315
board under division (A)(6)(b) of this section. 9,316
Nothing in division (A)(6)(b) of this section authorizes a 9,318
board to administer or direct the daily operation of any 9,319
community mental health agency, but an agency may contract with a 9,320
board to receive administrative services or staff direction from 9,321
the board under the direction of the governing body of the 9,322
agency. 9,323
(7) Approve fee schedules and related charges or adopt a 9,325
unit cost schedule or other methods of payment for contract 9,326
services provided by community mental health agencies in 9,327
accordance with guidelines issued by the department as necessary 9,328
to comply with state and federal laws pertaining to financial 9,329
assistance; 9,330
(8) Submit to the director and the county commissioners of 9,332
the county or counties served by the board, and make available to 9,333
the public, an annual report of the programs under the 9,334
jurisdiction of the board, including a fiscal accounting; 9,335
(9) Establish, to the extent resources are available, a 9,337
community support system, which provides for treatment, support, 9,338
and rehabilitation services and opportunities. The essential 9,339
elements of the system include, but are not limited to, the 9,340
following components in accordance with section 5119.06 of the 9,341
Revised Code: 9,342
(a) To locate persons in need of mental health services to 9,344
inform them of available services and benefits mechanisms; 9,345
(b) Assistance for clients to obtain services necessary to 9,347
meet basic human needs for food, clothing, shelter, medical care, 9,348
219
personal safety, and income; 9,349
(c) Mental health care, including, but not limited to, 9,351
outpatient, partial hospitalization, and, where appropriate, 9,353
inpatient care;
(d) Emergency services and crisis intervention; 9,355
(e) Assistance for clients to obtain vocational services 9,357
and opportunities for jobs; 9,358
(f) The provision of services designed to develop social, 9,360
community, and personal living skills; 9,361
(g) Access to a wide range of housing and the provision of 9,363
residential treatment and support; 9,364
(h) Support, assistance, consultation, and education for 9,366
families, friends, consumers of mental health services, and 9,367
others; 9,368
(i) Recognition and encouragement of families, friends, 9,370
neighborhood networks, especially networks that include racial 9,371
and ethnic minorities, churches, community organizations, and 9,372
meaningful employment as natural supports for consumers of mental 9,373
health services; 9,374
(j) Grievance procedures and protection of the rights of 9,376
consumers of mental health services; 9,377
(k) Case management, which includes continual 9,379
individualized assistance and advocacy to ensure that needed 9,380
services are offered and procured. 9,381
(10) Designate the treatment program, agency, or facility 9,384
for each person involuntarily committed to the board pursuant to 9,385
Chapter 5122. of the Revised Code and authorize payment for such 9,386
treatment. The board shall provide the least restrictive and 9,387
most appropriate alternative that is available for any person 9,388
involuntarily committed to it and shall assure that the services 9,389
listed in section 340.09 of the Revised Code are available to 9,390
severely mentally disabled persons residing within its service 9,391
district. The board shall establish the procedure for 9,392
authorizing payment for services, which may include prior 9,393
220
authorization in appropriate circumstances. The board may
provide for services directly to a severely mentally disabled 9,394
person when life or safety is endangered and when no community 9,395
mental health agency is available to provide the service. 9,396
(11) Establish a method for evaluating referrals for 9,399
involuntary commitment and affidavits filed pursuant to section 9,400
5122.11 of the Revised Code in order to assist the probate 9,401
division of the court of common pleas in determining whether 9,402
there is probable cause that a respondent is subject to
involuntary hospitalization and what alternative treatment is 9,403
available and appropriate, if any. 9,404
(12) Ensure that apartments or rooms built, subsidized, 9,407
renovated, rented, owned, or leased by the board or a community 9,408
mental health agency have been approved as meeting minimum fire 9,409
safety standards and that persons residing in the rooms or 9,410
apartments are receiving appropriate and necessary services, 9,411
including culturally relevant services, from a community mental 9,412
health agency. This division does not apply to residential 9,413
facilities licensed pursuant to section 5119.22 of the Revised 9,414
Code.
(13) Establish a mechanism for involvement of consumer 9,417
recommendation and advice on matters pertaining to mental health 9,418
services in the alcohol, drug addiction, and mental health 9,419
service district;
(14) PERFORM THE DUTIES REQUIRED BY RULES ADOPTED UNDER 9,421
SECTION 5119.61 OF THE REVISED CODE REGARDING REFERRALS BY THE 9,423
BOARD OR MENTAL HEALTH AGENCIES UNDER CONTRACT WITH THE BOARD 9,424
UNDER SECTION 3722.18 OF THE REVISED CODE OF INDIVIDUALS WITH
MENTAL ILLNESS OR SEVERE MENTAL DISABILITY TO ADULT CARE 9,425
FACILITIES AND EFFECTIVE ARRANGEMENTS FOR ONGOING MENTAL HEALTH 9,426
SERVICES FOR THE INDIVIDUALS. THE BOARD IS ACCOUNTABLE IN THE 9,427
MANNER SPECIFIED IN THE RULES FOR ENSURING THAT THE ONGOING 9,428
MENTAL HEALTH SERVICES ARE EFFECTIVELY ARRANGED FOR THE
INDIVIDUALS. 9,429
221
(B) The board shall establish such rules, operating 9,431
procedures, standards, and bylaws, and perform such other duties 9,432
as may be necessary or proper to carry out the purposes of this 9,433
chapter. 9,434
(C) A board of alcohol, drug addiction, and mental health 9,437
services may receive by gift, grant, devise, or bequest any 9,438
moneys, lands, or property for the benefit of the purposes for 9,439
which the board is established, and may hold and apply it 9,440
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest 9,442
shall be deposited in the treasury of the county, the treasurer 9,443
of which is custodian of the alcohol, drug addiction, and mental 9,444
health services funds to the credit of the board and shall be 9,445
available for use by the board for purposes stated by the donor 9,446
or grantor.
(D) No board member or employee of a board of alcohol, 9,448
drug addiction, and mental health services shall be liable for 9,449
injury or damages caused by any action or inaction taken within 9,450
the scope of his THE BOARD MEMBER'S official duties or THE 9,451
EMPLOYEE'S employment, whether or not such action or inaction is 9,452
expressly authorized by this section, section 340.033, or any 9,453
other section of the Revised Code, unless such action or inaction 9,454
constitutes willful or wanton misconduct. Chapter 2744. of the 9,455
Revised Code applies to any action or inaction by a board member 9,456
or employee of a board taken within the scope of the board 9,457
member's official duties or employee's employment. For the
purposes of this division, the conduct of a board member or 9,458
employee shall not be considered willful or wanton misconduct if 9,459
the board member or employee acted in good faith and in a manner 9,460
that the board member or employee reasonably believed was in or 9,462
was not opposed to the best interests of the board and, with 9,463
respect to any criminal action or proceeding, had no reasonable 9,464
cause to believe the conduct was unlawful. 9,465
(E) The meetings held by any committee established by a 9,467
222
board of alcohol, drug addiction, and mental health services 9,468
shall be considered to be meetings of a public body subject to 9,469
section 121.22 of the Revised Code. 9,470
Sec. 340.091. EACH BOARD OF ALCOHOL, DRUG ADDICTION, AND 9,472
MENTAL HEALTH SERVICES SHALL CONTRACT WITH A COMMUNITY MENTAL 9,473
HEALTH AGENCY UNDER DIVISION (A)(6)(a) OF SECTION 340.03 OF THE 9,475
REVISED CODE FOR THE AGENCY TO DO ALL OF THE FOLLOWING IN 9,476
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 5119.61 OF THE 9,477
REVISED CODE FOR AN INDIVIDUAL REFERRED TO THE AGENCY UNDER 9,478
DIVISION (C)(2) OF SECTION 173.35 OF THE REVISED CODE: 9,479
(A) ASSESS THE INDIVIDUAL TO DETERMINE WHETHER TO 9,481
RECOMMEND THAT A PASSPORT ADMINISTRATIVE AGENCY DETERMINE THAT 9,482
THE ENVIRONMENT IN WHICH THE INDIVIDUAL WILL BE LIVING WHILE 9,483
RECEIVING RESIDENTIAL STATE SUPPLEMENT PAYMENTS IS APPROPRIATE 9,485
FOR THE INDIVIDUAL'S NEEDS AND, IF IT DETERMINES THE ENVIRONMENT
IS APPROPRIATE, ISSUE THE RECOMMENDATION TO THE PASSPORT 9,487
ADMINISTRATIVE AGENCY;
(B) PROVIDE ONGOING MONITORING TO ENSURE THAT SERVICES 9,489
PROVIDED UNDER SECTION 340.09 OF THE REVISED CODE ARE AVAILABLE 9,490
TO THE INDIVIDUAL; 9,492
(C) PROVIDE DISCHARGE PLANNING TO ENSURE THE INDIVIDUAL'S 9,494
EARLIEST POSSIBLE TRANSITION TO A LESS RESTRICTIVE ENVIRONMENT. 9,495
Sec. 341.011. (A) If a person who was convicted of or 9,504
pleaded guilty to an offense of violence that is a felony or was 9,506
indicted or otherwise charged with the commission of an offense 9,508
of violence that is a felony escapes from a county jail or 9,509
workhouse or otherwise escapes from the custody of the A sheriff 9,510
of that county, the sheriff immediately after the escape shall 9,511
cause notice of REPORT the escape, BY TELEPHONE AND IN WRITING, 9,514
TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE 9,515
PLACE WHERE THE PERSON ESCAPED FROM CUSTODY, TO THE STATE HIGHWAY 9,516
PATROL, TO THE DEPARTMENT OF REHABILITATION AND CORRECTION IF THE 9,517
ESCAPED PERSON IS A PRISONER UNDER THE CUSTODY OF THE DEPARTMENT 9,518
WHO IS IN THE JAIL OR WORKHOUSE, TO THE PROSECUTING ATTORNEY OF 9,519
223
THE COUNTY, AND to be published in a newspaper of general 9,520
circulation in the county. The sheriff also immediately after 9,521
the escape shall give notice of the escape by telephone and in 9,522
writing to the prosecuting attorney of the county. Upon THE 9,523
WRITTEN NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. 9,524
A FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF 9,526
SECTION 2921.22 OF THE REVISED CODE. 9,527
(B) UPON the apprehension of the escaped person, the 9,529
sheriff shall give notice of the apprehension of the escaped 9,531
person by telephone and in writing to the prosecuting attorney 9,532
PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 9,533
Sec. 718.01. (A) As used in this chapter: 9,542
(1) "Internal Revenue Code" means the Internal Revenue 9,544
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 9,545
(2) "Schedule C" means internal revenue service schedule C 9,547
filed by a taxpayer pursuant to the Internal Revenue Code. 9,548
(3) "Form 2106" means internal revenue service form 2106 9,550
filed by a taxpayer pursuant to the Internal Revenue Code. 9,551
(4) "Intangible income" means income of any of the 9,553
following types: income yield, interest, dividends, or other 9,554
income arising from the ownership, sale, exchange, or other 9,555
disposition of intangible property including, but not limited to, 9,556
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code. 9,557
(B) No municipal corporation with respect to that income 9,559
which THAT it may tax shall tax such income at other than a 9,561
uniform rate.
(C) No municipal corporation shall levy a tax on income at 9,563
a rate in excess of one per cent without having obtained the 9,564
approval of the excess by a majority of the electors of the 9,565
municipality voting on the question at a general, primary, or 9,566
special election. The legislative authority of the municipal 9,567
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the 9,568
224
ordinance together with a resolution specifying the date the 9,569
election is to be held and directing the board of elections to 9,570
conduct the election. The ballot shall be in the following form: 9,571
"Shall the Ordinance providing for a... per cent levy on income 9,572
for (Brief description of the purpose of the proposed levy) be
passed? 9,573
FOR THE INCOME TAX 9,575
AGAINST THE INCOME TAX" 9,577
In the event of an affirmative vote, the proceeds of the 9,579
levy may be used only for the specified purpose. 9,580
(D)(1) Except as otherwise provided in division (D)(2) of 9,582
this section, no municipal corporation shall exempt from a tax on 9,583
income, compensation for personal services of individuals over 9,584
eighteen years of age or the net profit from a business or 9,585
profession.
(2) The legislative authority of a municipal corporation 9,587
may, by ordinance or resolution, exempt from a tax on income any 9,588
compensation arising from the grant, sale, exchange, or other 9,589
disposition of a stock option; the exercise of a stock option; or 9,590
the sale, exchange, or other disposition of stock purchased under 9,591
a stock option.
(E) Nothing in this section shall prevent a municipal 9,593
corporation from permitting lawful deductions as prescribed by 9,594
ordinance. If a taxpayer's taxable income includes income 9,595
against which the taxpayer has taken a deduction for federal 9,596
income tax purposes as reportable on the taxpayer's form 2106, 9,597
and against which a like deduction has not been allowed by the
municipal corporation, the municipal corporation shall deduct 9,598
from the taxpayer's taxable income an amount equal to the 9,599
deduction shown on such form allowable against such income, to 9,600
the extent not otherwise so allowed as a deduction by the 9,601
municipal corporation. In the case of a taxpayer who has a net
profit from a business or profession that is operated as a sole 9,602
proprietorship, no municipal corporation may tax or use as the 9,603
225
base for determining the amount of the net profit that shall be 9,604
considered as having a taxable situs in the municipal 9,605
corporation, a greater amount than the net profit reported by the
taxpayer on schedule C filed in reference to the year in question 9,606
as taxable income from such sole proprietorship, except as 9,607
otherwise specifically provided by ordinance or regulation. 9,608
(F) No municipal corporation shall tax any of the 9,610
following:
(1) The military pay or allowances of members of the armed 9,612
forces of the United States and of members of their reserve 9,613
components, including the Ohio national guard; 9,614
(2) The income of religious, fraternal, charitable, 9,616
scientific, literary, or educational institutions to the extent 9,617
that such income is derived from tax-exempt real estate, 9,618
tax-exempt tangible or intangible property, or tax-exempt 9,619
activities;
(3) Except as otherwise provided in division (G) of this 9,621
section, intangible income; 9,622
(4) Compensation paid under section 3501.28 or 3501.36 of 9,624
the Revised Code to a person serving as a precinct election 9,625
official, to the extent that such compensation does not exceed 9,626
one thousand dollars annually. Such compensation in excess of 9,627
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 9,628
of such compensation to withhold any tax from that compensation. 9,629
(5) Compensation paid to an employee of a transit 9,631
authority, regional transit authority, or regional transit 9,632
commission created under Chapter 306. of the Revised Code for 9,633
operating a transit bus or other motor vehicle for the authority 9,634
or commission in or through the municipal corporation, unless the
bus or vehicle is operated on a regularly scheduled route, the 9,635
operator is subject to such a tax by reason of residence or 9,636
domicile in the municipal corporation, or the headquarters of the 9,637
authority or commission is located within the municipal 9,638
226
corporation.
(6) The income of a public utility when that public 9,640
utility is subject to the tax levied under section 5727.24 OR 9,641
5727.30 of the Revised Code. 9,643
(G) Any municipal corporation that taxes any type of 9,645
intangible income on March 29, 1988, pursuant to Section 3 of 9,646
Amended Substitute Senate Bill No. 238 of the 116th general 9,647
assembly, may continue to tax that type of income after 1988 if a 9,648
majority of the electors of the municipal corporation voting on 9,649
the question of whether to permit the taxation of that type of
intangible income after 1988 vote in favor thereof at an election 9,650
held on November 8, 1988. 9,651
(H) Nothing in this section or section 718.02 of the 9,653
Revised Code, shall authorize the levy of any tax on income which 9,655
THAT a municipal corporation is not authorized to levy under 9,657
existing laws or shall require a municipal corporation to allow a 9,658
deduction from taxable income for losses incurred from a sole 9,659
proprietorship or partnership.
Sec. 742.63. The board of trustees of the police and 9,668
firemen's disability and pension fund shall adopt rules for the 9,670
management of the firemen and policemen's death benefit fund and 9,672
for disbursements of benefits as set forth in this section. 9,673
(A) As used in this section: 9,675
(1) "Member" means a member of the police and firemen's 9,677
disability and pension fund or the state highway patrol 9,678
retirement system, or a member of the public employees retirement 9,679
system who at the time of the member's death was a county sheriff 9,680
or deputy sheriff, a full-time regular police officer in a 9,681
municipal corporation or township, a full-time regular 9,682
firefighter employed by the state, an instrumentality of the 9,684
state, a municipal corporation, a township, a joint fire 9,685
district, or another political subdivision, a full-time park 9,686
district ranger or patrol trooper, a full-time law enforcement 9,687
officer of the department of natural resources, a full-time 9,688
227
department of public safety enforcement agent, a full-time law 9,689
enforcement officer of parks, waterway lands, or reservoir lands 9,692
under the control of a municipal corporation, a full-time law 9,693
enforcement officer of a conservancy district, a correction 9,694
officer at an institution under the control of a county, a group 9,695
of counties, a municipal corporation, or the department of 9,696
rehabilitation and correction, a state university law enforcement 9,697
officer, or a member of a retirement system operated by a 9,698
municipal corporation who at the time of death was a full-time 9,699
law enforcement officer of parks, waterway lands, or reservoir 9,700
lands under the control of the municipal corporation. 9,701
(2) Notwithstanding section 742.01 of the Revised Code, 9,703
"fire or police department" includes a fire department of the 9,704
state or an instrumentality of the state or of a municipal 9,705
corporation, township, joint fire district, or other political 9,706
subdivision, the state highway patrol, a county sheriff's office, 9,707
the security force of an institution under the control of the 9,708
department of rehabilitation and correction, the security force 9,709
of a jail or workhouse under the control of a county, group of 9,710
counties, or municipal corporation, the security force of a 9,711
metropolitan, county, or township park district, the security 9,712
force of lands under the control of the department of natural 9,713
resources, department of public safety enforcement agents, the 9,715
security force of parks, waterway lands, or reservoir lands under 9,717
the control of a municipal corporation, the security force of a 9,718
conservancy district, the police department of a township or 9,719
municipal corporation, and the police force of a state 9,720
university.
(3) "Firefighter or police officer" includes a state 9,723
highway patrol trooper, a county sheriff or deputy sheriff, a 9,724
correction officer at an institution under the control of a 9,725
county, a group of counties, a municipal corporation, or the 9,726
department of rehabilitation and correction, a police officer 9,727
employed by a township or municipal corporation, a firefighter 9,729
228
employed by the state, an instrumentality of the state, a 9,731
municipal corporation, a township, a joint fire district, or 9,732
another political subdivision, a full-time park district ranger 9,733
or patrol trooper, a full-time law enforcement officer of the 9,735
department of natural resources, a full-time department of public 9,736
safety enforcement agent, a full-time law enforcement officer of 9,738
parks, waterway lands, or reservoir lands under the control of a 9,739
municipal corporation, a full-time law enforcement officer of a 9,740
conservancy district, and a state university law enforcement 9,741
officer.
(4) "Correction officer" includes, in addition to any 9,743
correction officer, any correction corporal, sergeant, 9,744
lieutenant, or captain, and the equivalents of all such persons. 9,745
(5) "A park district ranger or patrol trooper" means a 9,748
peace officer commissioned to make arrests, execute warrants, and 9,749
preserve the peace upon lands under the control of a board of 9,750
park commissioners of a metropolitan, county, or township park 9,751
district. 9,752
(6) "Metropolitan, county, or township park district" 9,754
means a park district created under the authority of Chapter 511. 9,755
or 1545. of the Revised Code. 9,756
(7) "Conservancy district" means a conservancy district 9,758
created under the authority of Chapter 6101. of the Revised Code. 9,759
(8) "Law enforcement officer" means an officer 9,761
commissioned to make arrests, execute warrants, and preserve the 9,762
peace upon lands under the control of the governmental entity 9,763
granting the commission. 9,764
(9) "Department of natural resources law enforcement 9,766
officer" includes a forest officer designated pursuant to section 9,767
1503.29 of the Revised Code, a preserve officer designated 9,768
pursuant to section 1517.10 of the Revised Code, a wildlife 9,769
officer designated pursuant to section 1531.13 of the Revised 9,770
Code, a park officer designated pursuant to section 1541.10 of 9,771
the Revised Code, and a state watercraft officer designated 9,772
229
pursuant to section 1547.521 of the Revised Code. 9,773
(10) "Retirement eligibility date" means the last day of 9,775
the month in which a deceased member would have first become 9,776
eligible, had the member lived, for the retirement pension 9,777
provided under section 145.33, division (C)(1) of section 742.37, 9,778
or division (A)(1) of section 5505.17 of the Revised Code or 9,779
provided by a retirement system operated by a municipal 9,780
corporation.
(11) "Death benefit amount" means an amount equal to the 9,782
full monthly salary received by a deceased member prior to death, 9,783
minus an amount equal to the benefit received under section 9,784
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 9,785
benefit received from a retirement system operated by a municipal 9,786
corporation, plus any increases in salary that would have been
granted the deceased member. 9,787
(12) "Killed in the line of duty" means either of the 9,789
following:
(a) Death in the line of duty; 9,791
(b) Death from injury sustained in the line of duty, 9,794
including heart attack or other fatal injury or illness caused
while in the line of duty. 9,795
(B) A spouse of a deceased member shall receive a death 9,797
benefit each month equal to the full death benefit amount, 9,798
provided that the deceased member was a firefighter or police 9,799
officer killed in the line of duty and there are no surviving 9,800
children eligible for a benefit under this section. The spouse 9,801
shall receive this benefit during the spouse's natural life until 9,803
the earlier of the deceased member's retirement eligibility date 9,804
or the spouse's remarriage, on which date the benefit provided 9,805
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 9,807
firefighter or police officer is survived only by a child or 9,810
children, the child or children shall receive a benefit each 9,811
month equal to the full death benefit amount. If there is more 9,812
230
than one surviving child, the benefit shall be divided equally 9,814
among these children.
(2) If the death benefit paid under this division is 9,816
divided among two or more surviving children and any of the 9,817
children become ineligible to continue receiving a portion of the 9,818
benefit as provided in division (H) of this section, the full 9,819
death benefit amount shall be paid to the remaining eligible 9,820
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 9,821
death benefit amount. 9,822
(3) Notwithstanding divisions (C)(1) and (2) of this 9,825
section, all death benefits paid under this division shall 9,826
terminate on the deceased member's retirement eligibility date. 9,827
(D) If a member killed in the line of duty as a 9,829
firefighter or police officer is survived by both a spouse and a 9,830
child or children, the monthly benefit provided shall be as 9,831
follows: 9,832
(1)(a) If there is a surviving spouse and one surviving 9,834
child, the spouse shall receive an amount each month equal to 9,836
one-half of the full death benefit amount and the child shall 9,838
receive an amount equal to one-half of the full death benefit 9,839
amount.
(b) If the surviving spouse becomes ineligible to continue 9,841
receiving a death benefit due to remarriage or death, DIES or the 9,842
child becomes ineligible as provided in division (H) of this 9,844
section, the surviving spouse or child remaining eligible shall 9,845
receive the full death benefit amount. 9,846
(2)(a) If there is a surviving spouse and more than one 9,848
child, the spouse shall receive an amount each month equal to 9,850
one-third of the full death benefit amount and the children shall 9,852
receive an amount, equally divided among them, equal to 9,853
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 9,855
a death benefit under division (D)(2)(a) of this section and the 9,857
231
spouse becomes ineligible to receive a benefit due to remarriage 9,858
or death DIES, the children shall receive an amount each month, 9,859
equally divided among them, equal to the full death benefit 9,860
amount.
(c) If a spouse and more than one child each are receiving 9,862
a benefit under division (D)(2)(a) of this section and any of the 9,864
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 9,865
child or children shall receive a death benefit as follows: 9,866
(i) If there are two or more remaining eligible children, 9,868
the spouse shall receive an amount each month equal to one-third 9,869
of the full death benefit amount and the children shall receive 9,870
an amount each month, equally divided among them, equal to 9,871
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 9,873
shall receive an amount each month equal to one-half of the full 9,874
death benefit amount, and the child shall receive an amount each 9,875
month equal to one-half of the full death benefit amount. 9,876
(d) If a spouse and more than one child each are receiving 9,878
a benefit under division (D)(2)(a) of this section and all of the 9,880
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 9,881
death benefit amount. 9,882
(3) Notwithstanding divisions (D)(1) and (2) of this 9,884
section, death benefits paid under this division to a surviving 9,885
spouse shall terminate on the earlier of the member's retirement 9,887
eligibility date or the spouse's remarriage. Death benefits paid 9,888
to a surviving child or children shall terminate on the deceased 9,889
member's retirement eligibility date unless earlier terminated 9,890
pursuant to division (H) of this section. 9,891
(E) If a member, on or after January 1, 1980, is killed in 9,894
the line of duty as a firefighter or police officer and is 9,895
survived by only a parent or parents dependent upon the member 9,897
for support, the parent or parents shall receive an amount each 9,899
232
month equal to the full death benefit amount. If there is more 9,901
than one surviving parent dependent upon the deceased member for 9,902
support, the death benefit amount shall be divided equally among 9,903
the surviving parents. On the death of one of the surviving 9,904
parents, the full death benefit amount shall be paid to the other
parent. 9,905
(F) A surviving spouse whose benefits are terminated in 9,907
accordance with division (B) or (D)(3) of this section on the 9,908
deceased member's retirement eligibility date, or who would 9,909
qualify for a benefit under division (B) or (D) of this section 9,910
except that the deceased member reached the member's retirement 9,911
eligibility date prior to the member's death, shall receive a 9,912
monthly death benefit under this division. The monthly death 9,914
benefit shall be one-half of an amount equal to the monthly 9,915
salary received by the deceased member prior to the member's 9,916
death, plus any salary increases the deceased member would have 9,918
received prior to the member's retirement eligibility date. The 9,920
benefit shall terminate on the surviving spouse's remarriage or 9,921
death. A death benefit payable under this division shall be 9,923
reduced by an amount equal to any allowance or benefit payable to 9,924
the surviving spouse under section 742.3714 of the Revised Code. 9,925
(G)(1) If there is not a surviving spouse eligible to 9,929
receive a death benefit under division (F) of this section or the 9,930
surviving spouse receiving a death benefit under that division 9,931
becomes ineligible to receive the benefit due to remarriage or 9,932
death DIES, a surviving child or children whose benefits under 9,934
division (C) or (D) of this section are or have been terminated 9,935
pursuant to division (C)(3) or (D)(3) of this section or who 9,937
would qualify for a benefit under division (C) or (D) of this 9,938
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 9,939
receive a monthly death benefit under this division. The monthly 9,940
death benefit shall be one-half of an amount equal to the monthly 9,941
salary received by the deceased member prior to the member's 9,942
233
death, plus any salary increases the member would have received 9,944
prior to the member's retirement eligibility date. If there is 9,945
more than one surviving child, the benefit shall be divided 9,946
equally among the surviving children. 9,947
(2) If two or more surviving children each are receiving a 9,949
benefit under this division and any of those children becomes 9,950
ineligible to continue receiving a benefit as provided in 9,951
division (H) of this section, the remaining eligible child or 9,952
children shall receive an amount equal to one-half of the monthly 9,953
salary received by the deceased member prior to death, plus any 9,954
salary increases the deceased member would have received prior to 9,955
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 9,956
among the eligible children. 9,957
(3) A death benefit, or portion of a death benefit, 9,959
payable to a surviving child under this division shall be reduced 9,960
by an amount equal to any allowance or benefit payable to that 9,961
child under section 742.3714 of the Revised Code, but the 9,962
reduction in that child's benefit shall not affect the amount 9,963
payable to any other surviving child entitled to a portion of the 9,964
death benefit.
(H) A death benefit paid to a surviving child under 9,967
division (C), (D), or (G) of this section shall terminate on the 9,968
death of the child or, unless one of the following is the case, 9,969
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 9,971
is unable to provide the child's own support, in which case the 9,972
death benefit shall terminate when the disability is removed; 9,974
(2) The child is unmarried, under age twenty-two, and a 9,976
student in and attending an institution of learning or training 9,977
pursuant to a program designed to complete in each school year 9,978
the equivalent of at least two-thirds of the full-time curriculum 9,979
requirements of the institution, as determined by the trustees of 9,980
the fund.
234
(I) Acceptance of any death benefit under this section 9,982
does not prohibit a spouse or child from receiving other benefits 9,983
provided under the police and firemen's disability and pension 9,984
fund, the state highway patrol retirement system, the public 9,985
employees retirement system, or a retirement system operated by a 9,986
municipal corporation. 9,987
(J) No person shall receive a benefit under this section 9,989
if any of the following occur: 9,990
(1) The person fails to exercise the right to a monthly 9,992
survivor benefit under division (A) or (B) of section 145.45, 9,993
division (D), (E), or (F) of section 742.37, or division (A)(3), 9,994
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 9,995
survivor benefit from a retirement system operated by a municipal 9,996
corporation; or to a retirement allowance under section 742.3714 9,997
of the Revised Code. 9,998
(2) The member's accumulated contributions under this 10,000
chapter or Chapter 145. or 5505. of the Revised Code are refunded 10,001
unless the member had been a member of the public employees 10,002
retirement system and had fewer than eighteen months of total 10,003
service credit at the time of death. 10,004
(3) In the case of a full-time park district ranger or 10,006
patrol trooper, a full-time law enforcement officer of the 10,008
department of natural resources, a full-time law enforcement 10,009
officer of parks, waterway lands, or reservoir lands under the 10,010
control of a municipal corporation, a full-time law enforcement 10,011
officer of a conservancy district, a correction officer at an 10,012
institution under the control of a county, group of counties, or 10,013
municipal corporation, or a member of a retirement system 10,014
operated by a municipal corporation who at the time of the 10,015
member's death was a full-time law enforcement officer of parks, 10,017
waterway lands, or reservoir lands under the control of the 10,018
municipal corporation, the member died prior to April 9, 1981, in 10,019
the case of a benefit under division (B), (C), or (D) of this 10,020
section, or prior to January 1, 1980, in the case of a benefit 10,021
235
under division (E) of this section. 10,022
(4) In the case of a full-time department of public safety 10,024
enforcement agent who prior to the effective date of this 10,025
amendment JUNE 30, 1999, was a liquor control investigator of the 10,028
department of public safety, the member died prior to December
23, 1986; 10,029
(5) In the case of a full-time department of public safety 10,031
enforcement agent other than an enforcement agent who, prior to 10,032
the effective date of this amendment JUNE 30, 1999, was a liquor 10,034
control investigator, the member died prior to the effective date 10,036
of this amendment JUNE 30, 1999.
(K) A SURVIVING SPOUSE WHOSE BENEFIT WAS TERMINATED PRIOR 10,038
TO THE EFFECTIVE DATE OF THIS AMENDMENT DUE TO REMARRIAGE SHALL 10,039
RECEIVE A BENEFIT UNDER DIVISION (B), (D), OR (F) OF THIS SECTION 10,040
BEGINNING ON THE FIRST DAY OF THE MONTH FOLLOWING RECEIPT BY THE 10,041
BOARD OF AN APPLICATION ON A FORM PROVIDED BY THE BOARD. THE 10,042
BENEFIT AMOUNT SHALL BE DETERMINED AS OF THAT DATE. 10,043
(1) IF THE BENEFIT WILL BEGIN PRIOR TO THE DECEASED 10,045
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 10,046
DIVISION (B) OR (D) OF THIS SECTION AND SHALL TERMINATE AS 10,047
PROVIDED IN THOSE DIVISIONS. A BENEFIT PAID TO A SURVIVING 10,048
SPOUSE UNDER DIVISION (D) OF THIS SECTION SHALL BE DETERMINED IN 10,050
ACCORDANCE WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING 10,051
CHILDREN ARE REDUCED AS A RESULT. 10,052
(2) IF THE BENEFIT WILL BEGIN ON OR AFTER THE DECEASED 10,054
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 10,055
DIVISION (F) OF THIS SECTION AND SHALL TERMINATE AS PROVIDED IN 10,056
THAT DIVISION. A BENEFIT PAID TO A SURVIVING SPOUSE UNDER 10,057
DIVISION (F) OF THIS SECTION SHALL BE DETERMINED IN ACCORDANCE 10,058
WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING CHILDREN 10,059
ARE TERMINATED AS A RESULT.
Sec. 753.19. (A) If a person who was convicted of or 10,068
pleaded guilty to an offense of violence that is a felony or was 10,069
indicted or otherwise charged with the commission of an offense 10,070
236
of violence that is a felony escapes from a jail or workhouse of 10,071
a municipal corporation or otherwise escapes from the custody of 10,072
a municipal corporation, the chief of police or other chief law 10,073
enforcement officer of that municipal corporation immediately 10,074
after the escape shall cause notice of REPORT the escape, BY 10,076
TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT AGENCIES 10,077
WITH JURISDICTION OVER THE PLACE WHERE THE PERSON ESCAPED FROM
CUSTODY, TO THE STATE HIGHWAY PATROL, TO THE DEPARTMENT OF 10,078
REHABILITATION AND CORRECTION IF THE ESCAPED PERSON IS A PRISONER 10,079
UNDER THE CUSTODY OF THE DEPARTMENT WHO IS IN THE JAIL OR 10,081
WORKHOUSE, TO THE PROSECUTING ATTORNEY OF THE COUNTY, AND to be 10,082
published in a newspaper of general circulation in the municipal 10,083
corporation and in a newspaper of general circulation in each 10,084
county in which part of the municipal corporation is located. 10,085
The chief law enforcement officer also immediately after the 10,086
escape shall give notice of the escape by telephone and in 10,087
writing to the prosecuting attorney of the county in which the 10,088
offense was committed. Upon THE WRITTEN NOTICE MAY BE BY EITHER 10,089
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 10,091
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 10,093
CODE.
(B) UPON the apprehension of the escaped person, the chief 10,096
law enforcement officer shall give notice of the apprehension of 10,097
the escaped person by telephone and in writing to the prosecuting 10,098
attorney PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 10,099
Sec. 901.41. As used in this section and in section 901.42 10,109
of the Revised Code:
(A) "Director" means the director of agriculture or the 10,111
designee of the director of agriculture. 10,112
(B) "Exhibition" means a display of animals that is open 10,115
to the public.
(C) "National exhibition" means an exhibition where 10,117
species from fifteen or more states or nations are exhibited. 10,118
(D) "Nonprofit association" means any corporation, 10,120
237
society, partnership, or other organization formed under the laws 10,121
of this state or another state or nation providing for the 10,122
establishment and governance of nonprofit entities. 10,123
(E) "Ohio expositions center" means the property that is 10,126
held by this state for the purpose of conducting fairs, 10,127
expositions, and exhibits and that is maintained and managed by 10,128
the Ohio expositions commission under section 991.03 of the 10,129
Revised Code.
(F) "Premium awards" means money, ribbons, banners, 10,132
medals, achievement pins, trophies, or merchandise presented for 10,133
animals of superior quality. 10,134
(G) "Rental costs" means the costs associated with the 10,137
rental of the facilities, or a portion thereof, at the Ohio 10,138
expositions center, including, without limitation, grounds, 10,139
buildings, pens, animal feeding or watering equipment, and 10,140
tieouts. "Rental costs" also include INCLUDES labor costs 10,141
associated with set-up, tear-down, and security. 10,143
(H) "Species" means dairy cattle, beef cattle, swine, 10,145
RABBITS, POULTRY, and sheep. 10,146
Sec. 901.62. (A) The agricultural financing commission 10,155
shall consist of eight NINE members. Six of the members shall be 10,157
appointed by the governor with the advice and consent of the 10,158
senate. The director of agriculture, THE DIRECTOR OF 10,160
DEVELOPMENT, and the treasurer of state or, in their absence, 10,161
their designees, shall also be voting members of the commission. 10,162
Of the six appointed members, three shall have experience in 10,163
agriculture, and three shall have experience in agricultural 10,164
finance, including lending and loan servicing. No more than four 10,165
of the appointed members of the commission shall be of the same 10,166
political party. The speaker of the house of representatives and 10,167
the president of the senate shall each recommend to the governor 10,168
one person for consideration as one of the governor's 10,169
appointments. Terms of office for appointed members shall be for 10,170
six years commencing on the first day of February and ending on 10,171
238
the thirty-first day of January. Each member shall hold office 10,172
from the date of his appointment until the end of the term for 10,173
which he was appointed. Any member appointed to fill a vacancy 10,174
occurring prior to the expiration of the term for which his THE 10,175
MEMBER'S predecessor was appointed shall hold office for the 10,177
remainder of such THAT term. Any appointed member shall continue 10,179
in office subsequent to the expiration date of his THE MEMBER'S 10,180
term until his THE MEMBER'S successor takes office, or until a 10,181
period of sixty days has elapsed, whichever occurs first. Each 10,183
appointed member may be removed from office by the governor for 10,184
misfeasance, nonfeasance, or malfeasance in office, or for 10,185
failure to attend in person three consecutive meetings of the 10,186
agency COMMISSION.
(B) The director of agriculture shall be the chairman 10,188
CHAIRPERSON of the commission. The commission shall elect one of 10,190
its appointed members as vice-chairman VICE-CHAIRPERSON and such 10,191
other officers as it considers necessary, who need not be members 10,193
of the commission. Each appointed member of the commission shall 10,194
receive compensation at the rate of fifty dollars per commission 10,195
meeting attended in person, not to exceed a maximum of three 10,196
thousand dollars per year. All members shall be reimbursed for 10,197
their actual and necessary expenses incurred in the discharge of 10,198
their official duties. Members of the commission shall file with 10,199
the Ohio ethics commission the disclosure statement described in 10,200
division (A) of section 102.02 of the Revised Code on the form 10,201
prescribed by the Ohio ethics commission and subject to divisions 10,202
(C) and (D) of that section. 10,203
(C) Five members of the commission constitute a quorum, 10,205
and the affirmative vote of five members shall be necessary for 10,206
any action taken by the commission. No vacancy in membership of 10,207
the commission impairs the right of a quorum to exercise all the 10,208
rights and perform all the duties of the commission. Meetings of 10,209
the commission may be held at any place within the state. 10,210
Meetings of the commission, including notice of the place of 10,211
239
meetings, shall comply with section 121.22 of the Revised Code. 10,212
Sec. 901.63. (A) The agricultural financing commission 10,221
shall do both of the following until June 30, 1999 JULY 1, 2001: 10,223
(1) Make recommendations to the director of agriculture 10,225
about financial assistance applications made pursuant to sections 10,227
901.80 to 901.83 of the Revised Code. In making its 10,228
recommendations, the commission shall utilize criteria 10,229
established by rules adopted under division (A)(8)(b) of section 10,230
901.82 of the Revised Code. 10,231
(2) Advise the director in the administration of sections 10,233
901.80 to 901.83 of the Revised Code. 10,234
With respect to sections 901.80 to 901.83 of the Revised 10,237
Code, the role of the commission is solely advisory. No officer, 10,238
member, or employee of the commission is liable for damages in a 10,239
civil action for any injury, death, or loss to person or property 10,240
that allegedly arises out of purchasing any loan or providing a 10,241
loan guarantee, failure to purchase a loan or provide a loan 10,242
guarantee, or failure to take action under sections 901.80 to 10,243
901.83 of the Revised Code, or that allegedly arises out of any 10,244
act or omission of the department of agriculture that involves 10,245
those sections. 10,246
(B) The commission may: 10,248
(1) Adopt bylaws for the conduct of its business; 10,250
(2) Exercise all rights, powers, and duties conferred on 10,252
the commission as an issuer under Chapter 902. of the Revised 10,253
Code; 10,254
(3) Contract with, retain, or designate financial 10,256
consultants, accountants, and such other consultants and 10,257
independent contractors as the commission may determine to be 10,258
necessary or appropriate to carry out the purposes of this 10,259
chapter and to fix the terms of those contracts; 10,260
(4) Undertake and carry out or authorize the completion of 10,262
studies and analyses of agricultural conditions and needs within 10,263
the state relevant to the purpose of this chapter to the extent 10,264
240
not otherwise undertaken by other departments or agencies of the 10,265
state satisfactory for such purpose; 10,266
(5) Acquire by gift, purchase, foreclosure, or other 10,268
means, and hold, assign, pledge, lease, transfer, or otherwise 10,269
dispose of, real and personal property, or any interest in that 10,271
real and personal property, in the exercise of its powers and the 10,272
performance of its duties under this chapter and Chapter 902. of 10,273
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 10,275
financial or other form of aid from any federal, state, local, or 10,276
private agency or fund and enter into any contract with any such 10,277
agency or fund in connection therewith, and receive and accept 10,278
aid or contributions from any other source of money, property, 10,279
labor, or things of value, to be held, used, and applied only for 10,280
the purposes for which such grants and contributions are made, 10,281
all within the purposes of this chapter and Chapter 902. of the 10,282
Revised Code; 10,283
(7) Sue and be sued in its own name with respect to its 10,285
contracts or to enforce this chapter or its obligations or 10,286
covenants made under this chapter and Chapter 902. of the Revised 10,287
Code; 10,288
(8) Make and enter into all contracts, commitments, and 10,290
agreements, and execute all instruments necessary or incidental 10,291
to the performance of its duties and the execution of its powers 10,292
under this chapter and Chapter 902. of the Revised Code; 10,293
(9) Adopt an official seal; 10,295
(10) Do any and all things necessary or appropriate to 10,297
carry out the public purposes and exercise the powers granted to 10,298
the commission in this chapter and Chapter 902. of the Revised 10,299
Code and the public purposes of Section 13 of Article VIII, Ohio 10,300
Constitution. 10,301
Sec. 924.51. (A) There is hereby created the Ohio grape 10,310
industries committee consisting of nine members. The members 10,311
shall be the director of agriculture or the director's designee, 10,312
241
who shall chair the committee, the director of liquor control or 10,313
the director's designee, the chief of the division of markets of 10,315
the department of agriculture, the viticulture extension 10,316
specialist of the Ohio agricultural research and development 10,317
center, WHO SHALL BE A NONVOTING MEMBER, and five members who 10,318
shall be appointed by the director of agriculture. 10,319
(B) Of the five members of the committee appointed by the 10,321
director of agriculture, two shall be persons who receive the 10,322
major portion of their income from the production of grapes. The 10,323
term of one of these members shall begin January 1, 1982, and end 10,324
December 31, 1982, and the second member's term shall begin 10,325
January 1, 1982, and end December 31, 1983. Two members shall be 10,326
persons who receive the major portion of their income from the 10,327
production of wine from raw grape or fruit products in either raw 10,328
fruit or fresh juice form. The term of one of these members 10,329
shall begin January 1, 1982, and end December 31, 1982, and the 10,330
second member's term shall begin January 1, 1982, and end 10,331
December 31, 1983. One member shall be a person the major 10,332
portion of whose income is from the production of grape products 10,333
other than wine, such as juice, jams, or jellies; that member's 10,334
term shall begin January 1, 1982, and end December 31, 1984. 10,335
Thereafter, the terms for each appointed member of the committee 10,336
shall be for three years, commencing on the first day of January 10,337
and ending on the thirty-first day of December. No appointed 10,338
member shall serve more than two consecutive terms. The director 10,339
may remove any appointed member for cause. 10,340
(C) Members shall be appointed to fill vacancies caused by 10,342
death, resignation, or removal in the same manner prescribed for 10,343
regular appointment to the committee. Any member appointed to 10,344
fill a vacancy occurring prior to the expiration of the term for 10,345
which the member's predecessor was appointed shall hold office 10,346
for the remainder of the term. Any member shall continue in 10,348
office subsequent to the expiration date of that member's term 10,349
until that member's successor takes office, or until a period of 10,351
242
sixty days has elapsed, whichever occurs first. 10,352
(D) All members of the committee are entitled to their 10,354
actual and necessary expenses incurred in the performance of 10,355
their duties as members, payable from moneys received from the 10,356
Ohio grape industries fund created under section 924.54 of the 10,357
Revised Code. 10,358
(E) A majority of the committee constitutes a quorum. 10,360
Sec. 1101.15. (A)(1) Except as provided in division 10,369
(A)(2) of this section, no person other than a bank doing 10,370
business under authority granted by the superintendent of 10,371
financial institutions, the bank chartering authority of another 10,372
state, the office of the comptroller of the currency, or the bank 10,374
chartering authority of a foreign country shall do either of the 10,375
following:
(a) Use "bank," "banker," or "banking," or a word or words 10,377
of similar meaning in any other language, as a designation or 10,378
name, or as part of a designation or name, under which business 10,379
is or may be conducted in this state; 10,380
(b) Represent itself as a bank. 10,382
(2)(a) A corporation doing business under Chapter 1151. of 10,385
the Revised Code may use the phrase WORD "savings bank," 10,387
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,389
business is or may be conducted in this state, as provided in 10,391
section 1151.07 of the Revised Code. 10,392
(b) A corporation doing business under Chapter 1161. of 10,395
the Revised Code may use the phrase WORD "savings bank," 10,397
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,400
business is or may be conducted in this state, as provided in 10,401
section 1161.09 of the Revised Code. 10,402
(c) A corporation doing business under authority granted 10,404
by the office of thrift supervision may use the phrase WORD 10,405
"savings bank," "BANKER," OR "BANKING," OR A WORD OR WORDS OF 10,407
243
SIMILAR MEANING IN ANY OTHER LANGUAGE, as part of a designation 10,409
or name under which business is or may be conducted in this 10,410
state.
(d) A nonprofit organization, whether or not incorporated 10,412
under Chapter 1702. of the Revised Code, may use THE WORD "bank," 10,413
"banker," or "banking," or a word or words of similar meaning in 10,416
any other language, as part of a designation or name under which 10,417
business is or may be conducted if the superintendent determines 10,418
the organization's use is not likely to mislead the public and
authorizes the organization to use the word or words. 10,419
(B)(1) Except as provided in division (B)(2) of this 10,422
section, no person, other than a corporation licensed in
accordance with authority granted in Chapter 1111. OF THE REVISED 10,423
CODE as a trust company, a savings and loan association licensed 10,425
under section 1151.348 of the Revised Code to serve as a 10,426
fiduciary, a national bank with trust powers, or a federal
savings association with trust powers, shall do either of the 10,427
following:
(a) Use the word "trust," or a word or words of similar 10,429
meaning in any other language, as a designation or name, or part 10,430
of a designation or name, under which business is or may be 10,431
conducted in this state;
(b) Otherwise represent itself as a fiduciary or trust 10,433
company.
(2)(a) A person that is not required to be licensed under 10,435
Chapter 1111. of the Revised Code may serve as a fiduciary and, 10,436
when acting in that fiduciary capacity, otherwise represent 10,438
himself, herself, or itself SUCH PERSON as a fiduciary. 10,439
(b) A person licensed by another state to serve as a 10,441
fiduciary and exempt from licensure under Chapter 1111. of the 10,442
Revised Code may serve as a fiduciary to the extent permitted by 10,443
the exemption.
(c) A savings and loan association may serve as a trustee 10,445
to the extent authorized by section 1151.191 of the Revised Code. 10,446
244
(d) A savings bank may serve as a trustee to the extent 10,448
authorized by section 1161.24 of the Revised Code. 10,449
(e) A charitable trust, business trust, real estate 10,451
investment trust, personal trust, or other bona fide trust may 10,453
use the word "trust" or a word or words of similar meaning in any 10,454
other language, as a designation or name, or part of a
designation or name, under which business is or may be conducted. 10,455
(f) A nonprofit organization, whether or not incorporated 10,457
under Chapter 1702. of the Revised Code, may use "trust" or a 10,459
word or words of similar meaning in any other language, as a 10,460
designation or name, or part of a designation or name, under 10,461
which business is or may be conducted, if the superintendent 10,462
determines the organization's use is not likely to mislead the
public and authorizes the organization to use the word or words. 10,463
(C) No bank shall use "state" as part of a designation or 10,465
name under which it transacts business in this state, unless the 10,466
bank is doing business under authority granted by the 10,467
superintendent or the bank chartering authority of another state. 10,468
Sec. 1107.15. A bank's board of directors may declare 10,477
dividends and distributions on the bank's outstanding shares, 10,478
subject to all of the following conditions: 10,479
(A) Payment EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) 10,481
OF THIS SECTION, PAYMENT of a dividend or distribution may only 10,482
be funded from undivided profits. 10,484
(B) A dividend or distribution may be FUNDED, IN WHOLE OR 10,487
IN PART, FROM SURPLUS WITH THE APPROVAL OF BOTH OF THE FOLLOWING: 10,488
(1) THE HOLDERS OF AT LEAST TWO-THIRDS OF THE OUTSTANDING 10,490
SHARES OF EACH CLASS OF THE BANK'S STOCK; 10,491
(2) THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS. 10,493
(C) A DIVIDEND OR DISTRIBUTION MAY BE paid in treasury 10,496
shares or in authorized but unissued shares, if the board makes 10,497
the required transfers to surplus and paid-in capital. 10,498
(C)(D) The approval of the superintendent of financial 10,500
institutions is required for the declaration of dividends and 10,502
245
distributions if the total of all dividends and distributions 10,503
declared on the bank's shares in any year, and not paid in 10,504
shares, exceeds the total of its net income for that year
combined with its retained net income of the preceding two years. 10,505
(D)(E) Prior to the declaration of any dividend or 10,507
distribution the bank has made all required allocations to 10,509
reserves for losses or contingencies. 10,510
Sec. 1109.23. (A) No bank may extend credit to any of its 10,520
executive officers, directors, or principal shareholders, or to
any of their related interests, except as authorized by this 10,521
section.
(B)(1) A bank may extend credit to any of its executive 10,523
officers, directors, or principal shareholders, or to any of 10,524
their related interests, only if all of the following apply to 10,525
the extension of credit: 10,526
(1)(a) The extension of credit is made on substantially 10,528
the same terms, including interest rates and collateral, as those 10,529
terms prevailing at the time for comparable transactions by the 10,530
bank with persons who are not executive officers, directors, 10,531
principal shareholders, or employees of the bank. 10,532
(2)(b) The extension of credit does not involve more than 10,534
the normal risk of repayment or present other unfavorable 10,535
features.
(3)(c) The bank follows credit underwriting procedures 10,537
that are not less stringent than those applicable to comparable 10,538
transactions by the bank with persons who are not executive 10,539
officers, directors, principal shareholders, or employees of the 10,540
bank. 10,541
(2) NOTHING IN DIVISION (B)(1) OF THIS SECTION SHALL BE 10,544
CONSTRUED TO PROHIBIT ANY EXTENSION OF CREDIT MADE PURSUANT TO A 10,545
BENEFIT OR COMPENSATION PROGRAM THAT MEETS BOTH OF THE FOLLOWING 10,546
CONDITIONS: 10,547
(a) THE PROGRAM IS WIDELY AVAILABLE TO ALL EMPLOYEES OF 10,549
THE BANK; 10,550
246
(b) THE PROGRAM DOES NOT GIVE PREFERENCE TO ANY OFFICER, 10,552
DIRECTOR, OR PRINCIPAL SHAREHOLDER OF THE BANK, OR TO ANY RELATED 10,553
INTEREST OF AN OFFICER, DIRECTOR, OR PRINCIPAL SHAREHOLDER, OVER 10,555
OTHER EMPLOYEES OF THE BANK.
(C) A bank may extend credit to any of its executive 10,557
officers, directors, or principal shareholders, or to any of 10,558
their related interests, in an amount that, when aggregated with 10,559
the amount of all outstanding extensions of credit by the bank to 10,560
the executive officer, director, or principal shareholder and 10,562
that person's related interests, would exceed an amount 10,564
prescribed by the superintendent of financial institutions, only 10,565
if both of the following conditions are met: 10,566
(1) The extension of credit has been approved in advance 10,568
by a majority vote of the bank's entire board of directors. 10,569
(2) The executive officer, director, or principal 10,571
shareholder, who or whose related interest would be obligated on 10,572
the extension of credit, has abstained from participating, 10,573
directly or indirectly, in the deliberations or voting on the 10,574
extension of credit. 10,575
(D) A bank may extend credit to any of its executive 10,577
officers, directors, or principal shareholders, or to any of 10,578
their related interests, only if the extension of credit is in an 10,580
amount that, when aggregated with the amount of all outstanding 10,581
extensions of credit by the bank to the executive officer, 10,583
director, or principal shareholder and that person's related 10,584
interests, would not exceed the limit on loans to a single 10,585
borrower established by section 1109.22 of the Revised Code. 10,586
(E)(1) A bank may extend credit to any of its executive 10,588
officers, directors, or principal shareholders, or to any of 10,589
their related interests, if the extension of credit is in an 10,590
amount that, when aggregated with the amount of all outstanding 10,591
extensions of credit by the bank to all of its executive 10,592
officers, directors, principal shareholders, and their related 10,594
interests, would not exceed the bank's unimpaired capital. 10,595
247
(2) The superintendent may prescribe a limit that is more 10,598
stringent than the limit contained in division (E)(1) of this 10,599
section.
(3) The superintendent may make exceptions to division 10,602
(E)(1) of this section for banks with less than one hundred 10,603
million dollars in deposits, if the superintendent determines 10,604
that the exceptions are important to avoid constricting the 10,605
availability of credit in small communities or to attract 10,606
directors to those banks. In no case may the aggregate amount of 10,607
all outstanding extensions of credit by a bank to all of its 10,608
executive officers, directors, principal shareholders, and their 10,609
related interests, be more than two times the bank's unimpaired 10,610
capital.
(F)(1) If any executive officer or director of a bank has 10,612
an account at the bank, the bank may not pay from that account an 10,613
amount exceeding the funds on deposit in the account. 10,614
(2) Division (F)(1) does not prohibit the bank from paying 10,617
funds in accordance with either of the following:
(a) A written, preauthorized, interest-bearing extension 10,619
of credit specifying a method of repayment; 10,620
(b) A written preauthorized transfer of funds from another 10,622
account of the executive officer or director at that bank. 10,623
(G) No executive officer, director, or principal 10,625
shareholder shall knowingly receive, or knowingly permit any of 10,627
that person's related interests to receive, from a bank, directly 10,628
or indirectly, any extension of credit not authorized under this 10,629
section. 10,630
(H)(1) Subject to division (H)(2) of this section, for 10,632
purposes of this section, any executive officer, director, or 10,634
principal shareholder of any company of which the bank is a 10,635
subsidiary, or of any other subsidiary of that company, is deemed 10,636
to be an executive officer, director, or principal shareholder, 10,637
respectively, of the bank.
(2) The superintendent may make exceptions to the 10,639
248
application of division (H)(1) of this section, except for the 10,641
application of division (B) of this section, for persons ANY 10,642
PERSON who are IS AN executive officers OFFICER or directors 10,643
DIRECTOR of subsidiaries A SUBSIDIARY of a company that controls 10,645
a bank, but who do IF BOTH OF THE FOLLOWING APPLY: 10,646
(a) THE PERSON DOES not have authority to participate, and 10,649
do DOES not participate, in major policymaking functions of the 10,650
bank.
(b) THE ASSETS OF THE SUBSIDIARY DO NOT EXCEED TEN PER 10,652
CENT OF THE CONSOLIDATED ASSETS OF THE COMPANY THAT CONTROLS THE 10,653
BANK, AND THE SUBSIDIARY IS NOT CONTROLLED BY ANY OTHER COMPANY. 10,654
(I) For purposes of this section: 10,656
(1) "Bank" includes any subsidiary of a bank. 10,658
(2)(a) "Company" means any corporation, partnership, 10,660
business or other trust, association, joint venture, pool 10,661
syndicate, sole proprietorship, unincorporated organization, or 10,662
other business entity. 10,663
(b) "Company" does not include either of the following: 10,665
(i) A bank, savings bank, or savings association, the 10,668
deposits of which are insured by the federal deposit insurance 10,669
corporation;
(ii) A corporation the majority of the shares of which are 10,671
owned by the United States or by any state of the United States. 10,672
(3) "Control" of a company or bank by a person means the 10,675
person, directly or indirectly, or acting through or in concert 10,676
with one or more persons, meets any of the following:
(a) The person owns, controls, or has the power to vote 10,678
twenty-five per cent or more of any class of the company's or 10,679
bank's voting securities. 10,680
(b) The person controls in any manner the election of a 10,682
majority of the company's or bank's directors. 10,683
(c) The person has the power to exercise a controlling 10,685
influence over the company's or bank's management or policies. 10,686
(4) "Executive officer" means a person who participates or 10,688
249
has the authority to participate, other than as a director, in 10,689
major policymaking functions of a company or bank. 10,690
(5) To "extend credit" or to make an "extension of credit" 10,692
means to make or renew any loan, to grant a line of credit, or to 10,693
enter into any similar transaction as a result of which an 10,694
executive officer, director, or principal shareholder, or any of 10,696
that person's related interests, becomes obligated, directly,
indirectly, or by any means whatsoever, to pay money or its 10,697
equivalent to the bank. 10,698
(6) "Principal shareholder" means a person who, directly 10,700
or indirectly, or acting through or in concert with one or more 10,701
persons, owns, controls, or has the power to vote more than ten 10,702
per cent of any class of voting securities of a bank or company, 10,704
other than a company of which the bank is a subsidiary. 10,705
(7) "Related interest" of a person means either of the 10,707
following: 10,708
(a) Any company controlled by that person; 10,710
(b) Any political committee or campaign committee that is 10,712
controlled by that person or the funds or services of which will 10,713
benefit that person. 10,714
(8) "Subsidiary" means any company of which a bank or 10,716
company meets any of the following: 10,717
(a) The bank or company owns twenty-five per cent or more 10,719
of the voting shares of the company. 10,720
(b) The bank or company controls in any manner the 10,722
election of a majority of the directors of the company. 10,723
(c) The bank or company has the power, directly or 10,725
indirectly, to exercise a controlling influence with respect to 10,726
the management or policies of the company. 10,727
Sec. 1151.07. (A) The name of every A savings and loan 10,736
association organized after May 11, 1908 SAVINGS BANK, or 10,737
incorporated before said date and changing its name after said 10,739
date, shall begin with any word it may select and end with 10,740
"company" or with "association." Such association also BANK may 10,741
250
use IN its name in any order it designates, and may use, with 10,743
other words not forbidden by law, any of the following words or 10,744
combinations of words: "savings," "building," "loan," "savings 10,745
and loan," or "building and loan, "BANK," "BANKER," OR "BANKING." 10,746
No savings and loan association shall use, singly or in 10,748
combination, any of the following words: "trust," "federal,"
"national," "U.S.," "United States," or "international." 10,749
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,751
NO person, firm, company, association, fiduciary, partnership, or 10,753
corporation, either domestic or foreign, unless he THE PERSON or 10,754
it ENTITY is lawfully authorized to do business in this state 10,756
under the provisions of this chapter and actually is engaged in 10,757
carrying on a savings and loan association business or making 10,758
loans as authorized under section 1151.296 of the Revised Code, 10,759
shall do business under any name or title which THAT contains the 10,761
terms "savings association," "savings and loan association," 10,762
"building and loan association," "building association," or any 10,763
combination employing either or both of the words "building" or 10,764
"loan" with the words "saving" or "savings," or words of similar 10,765
import, or use any name or sign or circulate or use any 10,766
letterhead, billhead, circular or paper whatever, or advertise or 10,767
represent in any manner which THAT indicates that his THE 10,769
PERSON'S or its ENTITY'S business is the character or kind of 10,771
business carried on or transacted by a savings and loan 10,772
association or which THAT leads any person to believe that his 10,773
THE PERSON'S or its ENTITY'S business is that of a savings and 10,774
loan association. Upon application by the superintendent of 10,775
savings and loan associations FINANCIAL INSTITUTIONS or any such 10,776
SAVINGS AND LOAN association, a court of competent jurisdiction 10,778
may issue an injunction to restrain any such entity from 10,779
violating or continuing to violate any of the provisions of THIS 10,780
division (B) of this section. The prohibitions of this division 10,782
shall not apply to any corporation or association formed for the 10,783
purpose of promoting the interests of savings and loan 10,784
251
associations, the membership of which is comprised of thrift
institutions or their officers or other representatives. 10,785
(C) Notwithstanding any provision of the Revised Code, the 10,787
articles of incorporation and constitution of any savings and 10,788
loan association may be amended by its board of directors in 10,789
accordance with section 1151.44 of the Revised Code to change its 10,790
name in a manner by which the words "savings bank" are 10,791
substituted for the words "company" or "association"; provided, 10,792
however that any such amendment shall be submitted to the 10,793
superintendent for approval, upon the grant of which the 10,794
amendment shall be certified by the superintendent to the 10,795
secretary of state for filing. 10,796
Sec. 1151.201. A building and loan association may 10,805
purchase its own shares of permanent stock, if such THE purchase 10,806
is not inconsistent with its articles, constitution, or bylaws: 10,808
(A) To avoid the issuance of or to eliminate fractional 10,810
shares;
(B) From a decedent's estate subject to such reasonable 10,812
terms and conditions as the superintendent by regulation 10,813
prescribes.
Sec. 1155.07. Every savings and loan association organized 10,822
under the laws of this state shall make, as of the thirty-first 10,823
day of December and the thirtieth day of June of each year, a 10,824
report of the affairs and business of the association for the 10,825
preceding half year, showing its financial condition at the end 10,826
thereof. The statement as of the thirty-first day of December 10,827
shall be the annual statement of the association. The 10,828
superintendent of savings and loan associations FINANCIAL 10,829
INSTITUTIONS may also require monthly reports. 10,830
The superintendent may, by written order mailed to the 10,832
managing officer of such an association, require any association 10,833
to submit to him THE SUPERINTENDENT within a reasonable time 10,834
specified in the written order a report concerning its real 10,835
estate and other assets, other than the appraisals required by 10,836
252
section 1151.54 of the Revised Code. 10,837
Any such association refusing or neglecting to file any 10,839
report required by this section within the time specified shall 10,840
forfeit one hundred dollars for every day that such default 10,841
continues unless such penalty, in whole or in part, is waived by 10,842
the superintendent. The superintendent may maintain an action in 10,843
the name of the state to recover such forfeiture which, upon its 10,844
collection, shall be paid into the state treasury to the credit 10,845
of the division of savings and loan associations INSTITUTIONS 10,847
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE.
Every such association shall maintain adequate, complete, 10,849
and correct accounts and shall observe such generally accepted 10,850
accounting principles and practices or generally accepted 10,851
auditing standards, as the superintendent prescribes. The 10,852
superintendent shall demand once a year, and at the expense of 10,853
the association, that its accounts be audited by an independent 10,854
auditor. A copy of the audit report shall be submitted to the 10,855
board of directors of the association and filed, together with 10,856
management's reponse, with the superintendent within thirty days 10,857
after presentation of the completed report to the board or not 10,858
later than the thirty-first day of March of the year next 10,859
succeeding the year for which the audit was conducted, whichever 10,860
occurs first, unless the time is extended by the superintendent. 10,861
At the conclusion of his THE audit of an association, an 10,863
independent auditor shall attend a meeting at which there are 10,864
present only the outside directors of the association or a 10,865
committee comprised of and appointed by such outside directors 10,866
and fully disclose at that time to those directors all audit 10,867
exceptions that developed during the audit and all relevant data 10,868
and information concerning the financial condition, investment 10,869
practices, and other financial policies and procedures of the 10,870
association. The meeting shall be held at a time and place that 10,871
is agreed upon by the independent auditor and the outside 10,872
directors or their committee. A complete record of the 10,873
253
proceedings of the meeting shall be kept in a minute book that is 10,874
maintained solely for the purpose of keeping such records. 10,875
Nothing in this paragraph shall be construed to prevent the 10,876
independent auditor from meeting at other times with inside 10,877
directors, officers, or employees of the association. 10,878
The superintendent may prescribe a schedule for the 10,880
preservation and destruction of books, records, certificates, 10,881
documents, reports, correspondence, and other instruments, 10,882
papers, and writings of such an association, even if such 10,883
association has been liquidated pursuant to law. An association 10,884
may dispose of any books, records, certificates, documents, 10,885
reports, correspondence, and other instruments, papers, and 10,886
writings which have been retained or preserved for the period 10,887
prescribed by the superintendent pursuant to this paragraph. The 10,888
requirements of this paragraph may be complied with by the 10,889
preservation of records in the manner prescribed in section 10,890
2317.41 of the Revised Code. 10,891
Sec. 1155.10. Whenever the superintendent of building and 10,900
loan associations FINANCIAL INSTITUTIONS considers it necessary, 10,902
he THE SUPERINTENDENT may make a special examination of any 10,903
building SAVINGS and loan association, and the expense of such 10,904
THE examination shall be paid by such THE association. Such 10,905
expenses shall be collected by the superintendent and paid into 10,907
the state treasury to the credit of the division of building and 10,908
loan associations SAVINGS INSTITUTIONS fund ESTABLISHED UNDER 10,909
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 10,911
superintendent otherwise than in the ordinary routine of his THE 10,912
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 10,913
opinion, the condition of the association requires such
examination, is a special examination within the meaning of this 10,914
section.
Sec. 1155.13. (A)(1) Each savings and loan association 10,923
subject to inspection and examination by the superintendent of 10,924
financial institutions and transacting business in this state as 10,925
254
of the thirty-first day of December of the prior fiscal year, or 10,926
the savings and loan association's successor in interest, shall 10,927
pay annual assessments to the superintendent as provided in this 10,928
section.
(2) After determining the budget of the division of 10,930
financial institutions for examination and regulation of savings 10,931
and loan associations, but prior to establishing the annual 10,932
assessment amount necessary to fund that budget, the
superintendent shall include any amounts collected but not yet 10,933
expended or encumbered by the superintendent in the previous 10,934
fiscal year's budget and remaining in the building and loan 10,935
associations SAVINGS INSTITUTIONS fund from the amount to be 10,936
assessed. Based upon the resulting budget amount, the 10,937
superintendent shall make an assessment upon each savings and 10,938
loan association based on the total assets as shown on the books 10,939
of the savings and loan association as of the thirty-first day of 10,940
December of the previous fiscal year. The assessments shall be 10,941
collected on an annual or periodic basis within the fiscal year, 10,942
as determined by the superintendent.
(3) A savings and loan association authorized by the 10,944
superintendent to commence business in the period between 10,945
assessments shall pay the actual reasonable costs of the 10,946
division's examinations and visitations.
(B) Assessments and fees charged pursuant to this section 10,948
shall be paid within fourteen days after receiving an invoice for 10,949
payment of the assessment or fee. 10,950
Any assessment or fee collected is not refundable. 10,952
(C) The superintendent shall pay all assessments and fees 10,954
charged pursuant to this section and all forfeitures required to 10,955
be paid to the superintendent into the state treasury to the 10,956
credit of the building and loan associations SAVINGS INSTITUTIONS 10,957
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE. 10,958
(D) Any money deposited into the state treasury to the 10,960
credit of the building and loan associations SAVINGS INSTITUTIONS 10,961
255
fund, but not expended or encumbered by the superintendent to 10,963
defray the costs of administering Chapter CHAPTERS 1151. to 1157. 10,965
of the Revised Code, shall remain in the building and loan
associations SAVINGS INSTITUTIONS fund for expenditures by the 10,966
superintendent in subsequent years in the administration of 10,968
Chapters 1151. to 1157. of the Revised Code.
Sec. 1161.09. (A) The name of every A savings bank 10,977
organized on or after the effective date of this section shall 10,978
begin with any word it may select and end with "company" or with 10,979
"savings bank." No, savings AND LOAN ASSOCIATION, OR bank shall 10,981
MAY use, singly or in combination ITS NAME, WITH OTHER WORDS NOT 10,982
FORBIDDEN BY LAW, any of the following words or abbreviations 10,983
COMBINATIONS OF WORDS: "trust SAVINGS," "federal BUILDING," 10,985
"national LOAN," "U.S. SAVINGS AND LOAN," "United States BUILDING 10,986
AND LOAN," "BANK," "BANKER," or "international BANKING." 10,988
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,990
NO person, firm, company, association, fiduciary, partnership, or 10,992
corporation, either domestic or foreign, unless he THE PERSON or 10,993
it ENTITY is lawfully authorized to do business in this state 10,994
under this chapter and actually is engaged in carrying on a 10,995
savings bank business, shall do business under any name or title 10,996
which THAT contains the terms "savings bank," "savings bank 10,997
company," or words of similar import, or use any name or sign or 10,999
circulate or use any letterhead, billhead, circular or paper 11,000
whatever, or advertise or represent in any manner which THAT 11,001
indicates that his THE PERSON'S or its ENTITY'S business is the 11,004
character or kind of business carried on or transacted by a 11,006
savings bank or which THAT leads any person to believe that his 11,008
THE PERSON'S or its ENTITY'S business is that of a savings bank. 11,009
(C) Upon application by the superintendent of savings 11,011
banks FINANCIAL INSTITUTIONS or any savings bank, a court of 11,012
competent jurisdiction may issue an injunction to restrain any 11,014
entity from violating or continuing to violate division (B) of 11,015
this section.
256
(D) Division (B) of this section does not apply to any 11,017
corporation or association formed for the purpose of promoting 11,018
the interests of savings banks or other similar institutions, 11,019
banks organized under Chapter 1101. of the Revised Code, or 11,020
savings and loan associations organized under Chapter 1151. of 11,021
the Revised Code. 11,022
Sec. 1161.38. A savings bank shall observe the following 11,031
procedures in making real estate loans: 11,032
(A) The savings bank may make loans upon obligations 11,034
secured by a mortgage or deed of trust on real estate, which 11,035
mortgage or deed of trust shall be made directly to the savings 11,036
bank. This section does not prevent a savings bank organized 11,037
under this chapter from accepting additional security when the 11,038
primary and principal security is a mortgage or deed of trust on 11,039
real estate. 11,040
(B) The title of the borrower shall be a fee simple title 11,042
or a leasehold or subleasehold estate in real property extending 11,043
or renewable automatically or at the option of the holder for 11,044
five years after maturity of the loan, if, in the event of 11,045
default, the real estate could be used to satisfy the obligation 11,046
with the same priority as a mortgage or a deed of trust in the 11,047
jurisdiction where the real estate is located. 11,048
(C) In respect to any loan made upon the security of real 11,050
estate, if it is agreed or contemplated that improvements will be 11,051
made on the real estate and become a part of the security, the 11,052
real estate is "improved" within the meaning of division (B) of 11,053
section 1161.36 and section 1161.37 of the Revised Code and the 11,054
value of the improvements shall be included in the appraisal 11,055
value of the real estate. As used in this division, 11,056
"improvements" does not include "development" as defined in 11,057
division (F) of section 1161.39 of the Revised Code. 11,058
(D) No savings bank shall grant a mortgage loan unless it 11,060
has first obtained a written application, signed by the applicant 11,061
borrower or his THE APPLICANT BORROWER'S agent, the form and 11,062
257
contents of which shall disclose the purpose for which the loan 11,064
is sought and the identity of the security property. The records 11,065
for each loan shall contain a written report of the financial 11,066
ability and credit standing of the borrower. 11,067
(E) Machinery and equipment in a building that are adapted 11,069
to the use being made of the land and building and that are 11,070
intended to be permanent additions thereto will constitute a 11,071
portion of the real estate for purposes of this chapter and may 11,072
be appraised in calculating the maximum permissible loan for 11,073
purposes of this chapter notwithstanding that the law of this 11,074
state is otherwise for tax or other special purposes. 11,075
(F) The records for each loan shall include an appraisal 11,077
report prepared and signed by an appraisal committee, or by a 11,078
qualified appraiser designated by its board of directors, prior 11,079
to the approval of an application for a loan, and information and 11,080
data concerning the appraised property to substantiate the market 11,081
value of the security described in the report. The reports shall 11,082
be kept by the savings bank in such form as to be available at 11,083
all times to the examiners or other agents of the superintendent 11,084
of savings banks FINANCIAL INSTITUTIONS. 11,085
(G)(1)(a) Except as provided in division (G)(1)(b) of this 11,087
section, no savings bank shall make any loan LOANS or extension 11,089
EXTENSIONS of credit to any one borrower in excess of THAT, IN 11,090
THE AGGREGATE, EXCEED fifteen per cent of its THE SAVING BANK'S 11,091
unimpaired capital and surplus OR FIVE HUNDRED THOUSAND DOLLARS, 11,092
WHICHEVER IS GREATER. 11,093
(b) A savings bank may extend additional credit to any one 11,095
borrower in an amount equal to ten per cent of the savings bank's 11,096
unimpaired capital and unimpaired surplus, if this additional 11,097
loan is secured by readily marketable collateral having at all 11,098
times a current value of at least one hundred per cent of the 11,099
amount of the loan. If the value of the collateral falls below 11,100
one hundred per cent of the outstanding loan, the loan becomes 11,101
subject to the general fifteen per cent limitation provided in 11,102
258
division (G)(1)(a) of this section. 11,103
(c) Loans or extensions of credit that exceed the fifteen 11,105
per cent GENERAL limitation PROVIDED IN DIVISION (G)(1)(a) OF 11,107
THIS SECTION shall be brought into conformance with THAT division 11,109
(G)(1)(a) of this section within five business days.
(2) The superintendent of savings banks FINANCIAL 11,111
INSTITUTIONS shall adopt rules, in accordance with Chapter 119. 11,113
of the Revised Code, to establish standards governing loans or 11,114
the extension of credit to one borrower. The rules shall be 11,115
consistent with and not less stringent than any rules adopted by 11,116
the federal deposit insurance corporation and the regulations 11,117
issued by the office of the comptroller of the currency, 12 11,118
C.F.R. Part 32, as amended, dealing with limitations on loans and 11,119
extensions of credit to one borrower. 11,120
(H)(1) No savings bank, directly or indirectly, shall make 11,122
any loan to any of its officers, directors, shareholders, 11,123
controlling persons, or to members of their immediate families, 11,124
or to any corporation, partnership, trust, or other form of 11,125
business entity in which any of its officers, directors, 11,126
shareholders, or controlling persons have any interest, except as 11,127
authorized pursuant to section 22(h) of the "Federal Reserve Act 11,128
of 1913," 38 Stat. 251, 48 Stat. 182, and 92 Stat. 3644, 12 11,129
U.S.C. 221, 375a, and 375b, as amended, and in accordance with 11,130
the rules and regulations issued thereunder. 11,131
(2) No savings bank shall make any loan, or otherwise 11,133
extend credit, or engage in any transaction with any of its 11,134
affiliates, except as authorized under sections 23A and 23B of 11,135
the "Federal Reserve Act of 1913," 38 Stat. 251, 48 Stat. 183, 11,136
and 101 Stat. 564, 12 U.S.C. 221, 371c, and 371c-1, as amended. 11,137
(I) The limitations and conditions imposed by this chapter 11,139
do not apply to a purchase money mortgage taken by a savings bank 11,140
upon real estate sold by it, to a mortgage held by a savings bank 11,141
to secure a debt previously contracted, or to prevent or diminish 11,142
loss with respect to loans or renewals of the loans. 11,143
259
(J) The limitations contained in this chapter, relating to 11,145
maximum loan terms and loan-to-value ratios, do not apply to any 11,146
loan on the security of a first lien on real estate that is being 11,147
constructed, remodeled, rehabilitated, modernized, or renovated, 11,148
to be the subject of an annual contributions contract for 11,149
low-rent housing under the "United States Housing Act of 1937," 11,150
50 Stat. 888, 42 U.S.C. 1401, as amended. No loan by a savings 11,151
bank on the security of this real estate shall exceed ninety per 11,152
cent of the amount of the appraisal or, in lieu of the appraisal, 11,153
ninety per cent of the purchase price if the real estate is to be 11,154
purchased by a local public housing authority. This section 11,155
applies to a loan on this real estate only when it is first 11,156
constructed, remodeled, rehabilitated, modernized, or renovated, 11,157
or when it first becomes the subject of a contributions contract 11,158
under the act. 11,159
(K) In determining compliance with maximum loan-to-value 11,161
ratios in this chapter, at the time of making a loan, a savings 11,162
bank shall add together the unpaid amount of all mortgages, 11,163
liens, or other encumbrances on the security property having 11,164
priority over the savings bank's mortgage, and shall not make the 11,165
loan unless the total unpaid balance of the prior mortgages, 11,166
liens, and other encumbrances, including the one to be made, but 11,167
excluding loans that will be paid off out of the proceeds of the 11,168
new loan, does not exceed applicable maximum loan-to-value ratios 11,169
prescribed in this chapter, as indicated by documentation 11,170
retained in the loan file. 11,171
Sec. 1163.09. (A) Every savings bank organized under the 11,180
laws of this state, as of the thirty-first day of December and 11,181
the thirtieth day of June of each year, shall make a report of 11,182
the affairs and business of the savings bank for the preceding 11,183
half year, showing its financial condition at the end thereof. 11,184
The statement as of the thirty-first day of December shall be the 11,185
annual statement of the savings bank. The superintendent of 11,186
savings banks FINANCIAL INSTITUTIONS may also require monthly 11,187
260
reports. 11,188
(B) The superintendent, by written order mailed to the 11,190
managing officer of a savings bank, may require any savings bank 11,191
to submit to him THE SUPERINTENDENT within a reasonable time 11,192
specified in the written order a report concerning its real 11,194
estate and other assets, other than the appraisals required by 11,195
section 1161.81 of the Revised Code. 11,196
(C) Any savings bank refusing or neglecting to file any 11,198
report required by this section within the time specified shall 11,199
forfeit one hundred dollars for every day that the default 11,200
continues unless the penalty, in whole or in part, is waived by 11,201
the superintendent. The superintendent may maintain an action in 11,202
the name of the state to recover the forfeiture which, upon its 11,203
collection, shall be paid into the state treasury to the credit 11,204
of the division of savings banks INSTITUTIONS fund ESTABLISHED 11,206
UNDER SECTION 1181.18 OF THE REVISED CODE.
(D) Every savings bank shall maintain adequate, complete, 11,208
and correct accounts and shall observe such generally accepted 11,209
accounting principles and practices or generally accepted 11,210
auditing standards, as the superintendent prescribes. The 11,211
superintendent shall demand once a year, and at the expense of 11,212
the savings bank, that its accounts be audited by an independent 11,213
auditor. A copy of the audit report shall be submitted to the 11,214
board of directors of the savings bank and filed, together with 11,215
management's reponse, with the superintendent within thirty days 11,216
after presentation of the completed report to the board or not 11,217
later than the thirty-first day of March of the year next 11,218
succeeding the year for which the audit was conducted, whichever 11,219
occurs first, unless the time is extended by the superintendent. 11,220
(E) At the conclusion of his THE audit of a savings bank, 11,222
an independent auditor shall attend a meeting at which there are 11,223
present only the outside directors of the savings bank or a 11,224
committee composed of and appointed by the outside directors and 11,225
fully disclose at that time to those directors all audit 11,226
261
exceptions that developed during the audit and all relevant data 11,227
and information concerning the financial condition, investment 11,228
practices, and other financial policies and procedures of the 11,229
savings bank. The meeting shall be held at a time and place that 11,230
is agreed upon by the independent auditor and the outside 11,231
directors or their committee. A complete record of the 11,232
proceedings of the meeting shall be kept in a minute book that is 11,233
maintained solely for the purpose of keeping these records. 11,234
Nothing in this division shall be construed to prevent the 11,235
independent auditor from meeting at other times with inside 11,236
directors, officers, or employees of the savings bank. 11,237
(F) The superintendent may prescribe a schedule for the 11,239
preservation and destruction of books, records, certificates, 11,240
documents, reports, correspondence, and other instruments, 11,241
papers, and writings of a savings bank, even if the savings bank 11,242
has been liquidated pursuant to law. A savings bank may dispose 11,243
of any books, records, certificates, documents, reports, 11,244
correspondence, and other instruments, papers, and writings that 11,245
have been retained or preserved for the period prescribed by the 11,246
superintendent pursuant to this division. The requirements of 11,247
this division may be complied with by the preservation of records 11,248
in the manner prescribed in section 2317.41 of the Revised Code. 11,249
Sec. 1163.13. Whenever the superintendent of savings banks 11,258
FINANCIAL INSTITUTIONS considers it necessary, he THE 11,259
SUPERINTENDENT may make a special examination of any savings 11,261
bank, and the expense of the examination shall be paid by the 11,262
savings bank. These moneys shall be collected by the 11,263
superintendent and paid into the state treasury to the credit of 11,264
the division of savings banks INSTITUTIONS fund ESTABLISHED UNDER 11,265
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 11,266
superintendent otherwise than in the ordinary routine of his THE 11,267
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 11,268
opinion, the condition of the savings bank requires the
examination, is a special examination within the meaning of this 11,269
262
section.
Sec. 1163.16. (A)(1) Each savings bank subject to 11,279
inspection and examination by the superintendent of financial
institutions and transacting business in this state as of the 11,280
thirty-first day of December of the prior fiscal year, or the 11,281
savings bank's successor in interest, shall pay annual 11,282
assessments to the superintendent as provided in this section. 11,283
(2) After determining the budget of the division of 11,285
financial institutions for examination and regulation of savings 11,286
banks, but prior to establishing the annual assessment amount 11,287
necessary to fund that budget, the superintendent shall include 11,288
any amounts collected but not yet expended or encumbered by the 11,289
superintendent in the previous fiscal year's budget and remaining 11,290
in the savings banks INSTITUTIONS fund from the amount to be 11,291
assessed. Based upon the resulting budget amount, the
superintendent shall make an assessment upon each savings bank 11,292
based on the total assets as shown on the books of the savings 11,293
bank as of the thirty-first day of December of the previous 11,294
fiscal year. The assessments shall be collected on an annual or 11,295
periodic basis within the fiscal year, as determined by the 11,296
superintendent.
(3) A savings bank authorized by the superintendent to 11,298
commence business in the period between assessments shall pay the 11,299
actual reasonable costs of the division's examinations and 11,300
visitations.
(B) Assessments and fees charged pursuant to this section 11,302
shall be paid within fourteen days after receiving an invoice for 11,303
payment of the assessment or fee. 11,304
Any assessment or fee collected is not refundable. 11,306
(C) The superintendent shall pay all assessments and fees 11,308
charged pursuant to this section and all forfeitures required to 11,309
be paid to the superintendent into the state treasury to the 11,310
credit of the savings banks INSTITUTIONS fund ESTABLISHED UNDER 11,311
SECTION 1181.18 OF THE REVISED CODE. 11,312
263
(D) Any money deposited into the state treasury to the 11,314
credit of the savings banks INSTITUTIONS fund, but not expended 11,315
or encumbered by the superintendent to defray the costs of 11,317
administering Chapters 1161. to 1165. of the Revised Code, shall 11,318
remain in the savings banks INSTITUTIONS fund for expenditures by 11,319
the superintendent in subsequent years in the administration of 11,320
Chapters 1161. to 1165. of the Revised Code.
Sec. 1181.06. There is hereby created in the state 11,329
treasury the financial institutions fund. The fund shall receive 11,331
assessments on the banks fund established under section 1125.28 11,332
of the Revised Code, the building and loan associations fund 11,333
established under section 1155.131 of the Revised Code, the 11,335
savings bank INSTITUTIONS fund established under section 1163.17 11,336
1181.18 of the Revised Code, the credit unions fund established 11,338
under section 1733.321 of the Revised Code, and the consumer 11,339
finance fund established under section 1321.21 of the Revised 11,341
Code in accordance with procedures prescribed by the 11,342
superintendent of financial institutions and approved by the 11,343
director of budget and management. Such assessments shall be in 11,344
addition to any assessments on these funds required under 11,345
division (G) of section 121.08 of the Revised Code. All 11,347
operating expenses of the division of financial institutions 11,348
shall be paid from the financial institutions fund. 11,349
Sec. 1181.18. THERE IS HEREBY CREATED IN THE STATE 11,351
TREASURY THE SAVINGS INSTITUTIONS FUND. 11,352
THE SAVINGS INSTITUTIONS FUND SHALL BE ASSESSED A 11,355
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DEPARTMENT 11,356
OF COMMERCE AND THE DIVISION OF FINANCIAL INSTITUTIONS. THE 11,357
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DIVISION
OF FINANCIAL INSTITUTIONS SHALL BE DETERMINED IN ACCORDANCE WITH 11,358
PROCEDURES PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL 11,359
INSTITUTIONS AND APPROVED BY THE DIRECTOR OF BUDGET AND 11,361
MANAGEMENT. SUCH ASSESSMENT SHALL BE PAID FROM THE SAVINGS 11,362
INSTITUTIONS FUND TO THE DIVISION OF ADMINISTRATION FUND OR THE 11,363
264
FINANCIAL INSTITUTIONS FUND.
AN AMOUNT EQUAL TO THE APPROPRIATION FROM THE SAVINGS 11,365
INSTITUTIONS FUND SHALL BE TRANSFERRED TO THE FUND FROM THE 11,366
GENERAL REVENUE FUND BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 11,367
ALL FEES, ASSESSMENTS, CHARGES, AND FORFEITURES COLLECTED UNDER 11,369
CHAPTERS 1151., 1155., 1161., AND 1163. OF THE REVISED CODE SHALL
BE PAID BY THE SUPERINTENDENT INTO THE STATE TREASURY TO THE 11,370
CREDIT OF THE SAVINGS INSTITUTIONS FUND. SUCH MONEYS SHALL BE 11,372
UTILIZED TO REIMBURSE IN FULL DURING THE SAME FISCAL YEAR THE 11,373
GENERAL REVENUE FUND FOR MONEYS TRANSFERRED TO THE SAVINGS 11,374
INSTITUTIONS FUND. ANY MONEYS PAID TO THE SUPERINTENDENT 11,375
PURSUANT TO CHAPTERS 1151., 1155., 1161., AND 1163. OF THE 11,376
REVISED CODE BUT NOT EXPENDED OR ENCUMBERED BY THE SUPERINTENDENT
EITHER TO REIMBURSE THE GENERAL REVENUE FUND OR TO DEFRAY THE 11,377
COSTS OF REGULATING SAVINGS AND LOAN ASSOCIATIONS AND SAVINGS 11,378
BANKS SHALL REMAIN IN THE SAVINGS INSTITUTIONS FUND FOR 11,379
EXPENDITURE BY THE SUPERINTENDENT IN SUBSEQUENT YEARS. 11,380
Sec. 1301.01. As used in Chapters 1301., 1302., 1303., 11,389
1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, 11,391
unless the context otherwise requires, and subject to additional 11,392
definitions contained in those chapters:
(A) "Action" in the sense of a judicial proceeding 11,394
includes recoupment, counterclaim, set-off, suit in equity, and 11,395
any other proceedings in which rights are determined. 11,396
(B) "Aggrieved party" means a party entitled to resort to 11,398
a remedy. 11,399
(C) "Agreement" means the bargain of the parties in fact 11,401
as found in their language or by implication from other 11,402
circumstances, including course of dealing, usage of trade, or 11,403
course of performance as provided in sections 1301.11 and 1302.11 11,404
of the Revised Code. Whether an agreement has legal consequences 11,405
is determined by Chapters 1301., 1302., 1303., 1304., 1305., 11,406
1307., 1308., 1309., and 1310. of the Revised Code, if 11,407
applicable; otherwise by the law of contracts. 11,408
265
(D) "Bank" means any person engaged in the business of 11,410
banking. 11,411
(E) "Bearer" means the person in possession of an 11,413
instrument, document of title, or certificated security payable 11,414
to bearer or endorsed in blank. 11,415
(F) "Bill of lading" means a document evidencing the 11,417
receipt of goods for shipment issued by a person engaged in the 11,418
business of transporting or forwarding goods, and includes an 11,419
airbill. "Airbill" means a document serving for air 11,420
transportation as a bill of lading does for marine or rail 11,421
transportation, and includes an air consignment note or air 11,422
waybill. 11,423
(G) "Branch" includes a separately incorporated foreign 11,425
branch of a bank. 11,426
(H) "Burden of establishing" a fact means the burden of 11,428
persuading the triers of fact that the existence of the fact is 11,429
more probable than its nonexistence. 11,430
(I) "Buyer in ordinary course of business" means a person 11,432
who, in good faith and without knowledge that the sale to the 11,433
person is in violation of the ownership rights or security 11,435
interest of a third party in the goods, buys in ordinary course 11,436
from a person in the business of selling goods of that kind but 11,437
does not include a pawnbroker. All persons who sell minerals or 11,438
the like, including oil or gas, at the wellhead or minehead shall 11,439
be deemed to be persons in the business of selling goods of that 11,440
kind. "Buying" may be for cash, by exchange of other property, or 11,441
on secured or unsecured credit and includes receiving goods or 11,442
documents of title under a preexisting contract for sale but does 11,443
not include a transfer in bulk or as security for or in total or 11,444
partial satisfaction of a money debt. 11,445
(J) A term or clause is "conspicuous" when it is so 11,447
written that a reasonable person against whom it is to operate 11,448
ought to have noticed it. A printed heading in capitals (as: 11,449
NONNEGOTIABLE BILL OF LADING) is "conspicuous." Language in the 11,450
266
body of a form is "conspicuous" if it is in larger or other 11,451
contrasting type or color. In a telegram, any stated term is 11,452
"conspicuous." Whether a term or clause is "conspicuous" is for 11,453
decision by the court. 11,454
(K) "Contract" means the total legal obligation that 11,456
results from the parties' agreement as affected by Chapters 11,457
1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. 11,459
of the Revised Code, and any other applicable rules of law. 11,460
(L) "Creditor" includes a general creditor, a secured 11,462
creditor, a lien creditor, and any representative of creditors, 11,463
including an assignee for the benefit of creditors, a trustee in 11,464
bankruptcy, a receiver in equity, and an executor or 11,465
administrator of an insolvent debtor's or assignor's estate. 11,466
(M) "Defendant" includes a person in the position of 11,468
defendant in cross-action or counterclaim. 11,469
(N) "Delivery" with respect to instruments, documents of 11,471
title, chattel paper, or certificated securities means voluntary 11,472
transfer of possession. 11,473
(O) "Document of title" includes a bill of lading, dock 11,475
warrant, dock receipt, warehouse receipt, or order for the 11,476
delivery of goods, and any other document that in the regular 11,477
course of business or financing is treated as adequately 11,478
evidencing that the person in possession of it is entitled to 11,479
receive, hold, and dispose of the document and the goods it 11,480
covers. To be a document of title, a document must purport to be 11,481
issued by or addressed to a bailee and purport to cover goods in 11,482
the bailee's possession that are either identified or are 11,483
fungible portions of an identified mass. 11,484
(P) "Fault" means wrongful act, omission, or breach. 11,486
(Q) "Fungible" with respect to goods or securities means 11,488
goods or securities of which any unit is, by nature or usage of 11,489
trade, the equivalent of any other like unit. Goods that are not 11,490
fungible are fungible for the purposes of Chapters 1301., 1302., 11,491
1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the 11,492
267
Revised Code to the extent that under a particular agreement or 11,493
document unlike units are treated as equivalents. 11,494
(R) "Genuine" means free of forgery or counterfeiting. 11,496
(S) "Good faith" means honesty in fact in the conduct or 11,498
transaction concerned. 11,499
(T)(1) "Holder" with respect to a negotiable instrument 11,501
means either of the following: 11,502
(a) If the instrument is payable to bearer, a person who 11,504
is in possession of the instrument; 11,505
(b) If the instrument is payable to an identified person, 11,507
the identified person when in possession of the instrument. 11,508
(2) "Holder" with respect to a document of title means the 11,510
person in possession if the goods are deliverable to bearer or to 11,511
the order of the person in possession. 11,512
(U) To "honor" is to pay or to accept and pay, or where a 11,514
creditor so engages to purchase or discount a draft complying 11,515
with the terms of the credit. 11,516
(V) "Insolvency proceedings" include any assignment for 11,518
the benefit of the creditors or other proceedings intended to 11,519
liquidate or rehabilitate the estate of the person involved. 11,520
(W) A person is "insolvent" who either has ceased to pay 11,522
the person's debts in the ordinary course of business or cannot 11,523
pay the person's debts as they become due or is insolvent within 11,525
the meaning of the federal bankruptcy law. 11,526
(X) "Money" means a medium of exchange authorized or 11,528
adopted by a domestic or foreign government and includes a 11,529
monetary unit of account established by an intergovernmental 11,530
organization or by agreement between two or more nations. 11,531
(Y) A person has "notice" of a fact when any of the 11,533
following applies: 11,534
(1) The person has actual knowledge of it. 11,537
(2) The person has received a notice or notification of 11,539
it.
(3) From all the facts and circumstances known to the 11,541
268
person at the time in question, the person has reason to know 11,542
that it exists.
A person "knows" or has "knowledge" of the fact when the 11,544
person has actual knowledge of it. "Discover" or "learn" or a 11,545
word or phrase of similar import refers to knowledge rather than 11,546
to reason to know. The time and circumstances under which a 11,547
notice or notification may cease to be effective are not 11,548
determined by this section. 11,549
(Z) A person "notifies" or "gives" a notice or 11,551
notification to another person by taking the steps that may be 11,552
reasonably required to inform the other person in ordinary 11,553
course, whether or not the other person actually comes to know of 11,554
it. A person "receives" a notice or notification when either of 11,555
the following applies: 11,556
(1) It comes to the person's attention. 11,558
(2) It is duly delivered at the place of business through 11,560
which the contract was made or at any other place held out by the 11,561
person as the place for receipt of such communications. 11,563
(AA) Notice, knowledge, or a notice or notification 11,565
received by an organization is effective for a particular 11,566
transaction from the time when it is brought to the attention of 11,567
the individual conducting that transaction, and in any event from 11,568
the time when it would have been brought to the individual's 11,569
attention if the organization had exercised due diligence. An 11,571
organization exercises due diligence if it maintains reasonable 11,572
routines for communicating significant information to the person 11,573
conducting the transaction and there is reasonable compliance 11,574
with the routine. Due diligence does not require an individual 11,575
acting for the organization to communicate information unless 11,576
that communication is part of the individual's regular duties or 11,577
unless the individual has reason to know of the transaction and 11,579
that the transaction would be materially affected by the 11,580
information.
(BB) "Organization" includes a corporation, government, 11,582
269
governmental subdivision or agency, business trust, estate, 11,583
trust, partnership, or association, two or more persons having a 11,584
joint or common interest, or any other legal or commercial 11,585
entity. 11,586
(CC) "Party," as distinct from "third party," means a 11,588
person who has engaged in a transaction or made an agreement 11,589
within Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 11,591
1309., and 1310. of the Revised Code.
(DD) "Person" includes an individual or an organization. 11,593
(EE) "Presumption" or "presumed" means that the trier of 11,595
fact must find the existence of the fact presumed unless and 11,596
until evidence is introduced that would support a finding of its 11,597
nonexistence. 11,598
(FF) "Purchase" includes taking by sale, discount, 11,600
negotiation, mortgage, pledge, lien, issue or reissue, gift, or 11,601
any other voluntary transaction creating an interest in property. 11,602
(GG) "Purchaser" means a person who takes by purchase. 11,604
(HH) "Remedy" means any remedial right to which an 11,606
aggrieved party is entitled with or without resort to a tribunal. 11,607
(II) "Representative" includes an agent, an officer of a 11,609
corporation or association, a trustee, executor, or administrator 11,610
of an estate, or any other person empowered to act for another. 11,611
(JJ) "Rights" includes remedies. 11,613
(KK)(1) "Security interest" means an interest in personal 11,615
property or fixtures that secures payment or performance of an 11,616
obligation. The retention or reservation of title by a seller of 11,617
goods notwithstanding shipment or delivery to the buyer, as 11,618
provided in section 1302.42 of the Revised Code, is limited in 11,619
effect to a reservation of a security interest. "Security 11,620
interest" also includes any interest of a buyer of accounts or 11,621
chattel paper, which is subject to sections 1309.01 to 1309.50 of 11,622
the Revised Code. The special property interest of a buyer of 11,623
goods on identification of those goods to a contract for sale 11,624
under section 1302.42 of the Revised Code is not a security 11,625
270
interest, but a buyer also may acquire a security interest by 11,626
complying with sections 1309.01 to 1309.50 of the Revised Code. 11,627
Unless a consignment is intended as security, reservation of 11,628
title under the consignment is not a security interest, but a 11,629
consignment in any event is subject to the provisions on 11,630
consignment sales under section 1302.39 of the Revised Code. A 11,631
lease-purchase agreement as defined in division (F) of section 11,632
1351.01 of the Revised Code shall never be intended as security. 11,633
(2) Whether a transaction, other than a lease-purchase 11,635
agreement as defined in division (F) of section 1351.01 of the 11,636
Revised Code, creates a lease or security interest is determined 11,637
by the facts of each case; however, a transaction creates a 11,638
security interest if the consideration the lessee is to pay the 11,639
lessor for the right to possession and use of the goods is an 11,640
obligation for the term of the lease not subject to termination 11,641
by the lessee and if any of the following applies: 11,642
(a) The original term of the lease is equal to or greater 11,644
than the remaining economic life of the goods. 11,645
(b) The lessee is bound to renew the lease for the 11,647
remaining economic life of the goods or is bound to become the 11,648
owner of the goods. 11,649
(c) The lessee has an option to renew the lease for the 11,651
remaining economic life of the goods for no additional 11,652
consideration or nominal additional consideration upon compliance 11,653
with the lease agreement. 11,654
(d) The the lessee has an option to become the owner of 11,656
the goods for no additional consideration or nominal additional 11,657
consideration upon compliance with the lease agreement. 11,658
(3) A transaction does not create a security interest 11,660
merely because it provides any of the following: 11,661
(a) That the present value of the consideration the lessee 11,663
is obligated to pay the lessor for the right to possession and 11,664
use of the goods is substantially equal to or is greater than the 11,665
fair market value of the goods at the time the lease is entered 11,666
271
into; 11,667
(b) That the lessee assumes risk of loss of the goods or 11,669
agrees to pay taxes, insurance, filing, recording, or 11,670
registration fees, or service or maintenance costs with respect 11,671
to the goods; 11,672
(c) That the lessee has an option to renew the lease or to 11,674
become the owner of the goods; 11,675
(d) That the lessee has an option to renew the lease for a 11,677
fixed rent that is equal to or greater than the reasonably 11,678
predictable fair market rent for the use of the goods for the 11,679
term of the renewal at the time the option is to be performed; 11,680
(e) That the lessee has an option to become the owner of 11,682
the goods for a fixed price that is equal to or greater than the 11,683
reasonably predictable fair market value of the goods at the time 11,684
the option is to be performed. 11,685
(4) For purposes of division (KK) of this section, all of 11,687
the following apply: 11,688
(a) Additional consideration is not nominal if, when the 11,690
option to renew the lease is granted to the lessee, the rent is 11,691
stated to be the fair market rent for the use of the goods for 11,692
the term of the renewal determined at the time the option is to 11,693
be performed or, when the option to become the owner of the goods 11,694
is granted to the lessee, the price is stated to be the fair 11,695
market value of the goods determined at the time the option is to 11,696
be performed. Additional consideration is nominal if it is less 11,697
than the lessee's reasonably predictable cost of performing under 11,698
the lease agreement if the option is not exercised. 11,699
(b) "Reasonably predictable" and "remaining economic life 11,701
of the goods" are to be determined with reference to the facts 11,702
and circumstances at the time the parties entered into the 11,703
transaction. 11,704
(c) "Present value" means the amount as of a date certain 11,706
of one or more sums payable in the future, discounted to the date 11,707
certain. The discount is determined by the interest rate 11,708
272
specified by the parties if the rate is not manifestly 11,709
unreasonable at the time the parties entered into the 11,710
transaction. Otherwise, the discount is determined by a 11,711
commercially reasonable rate that takes into account the facts 11,712
and circumstances of each case at the time the parties entered 11,713
into the transaction. 11,714
(LL) "Send" in connection with any writing or notice means 11,716
to deposit in the mail or deliver for transmission by any other 11,717
usual means of communication with postage or cost of transmission 11,718
provided for and properly addressed and in the case of an 11,719
instrument to an address specified on it or otherwise agreed, or 11,720
if there be none to any address reasonable under the 11,721
circumstances. The receipt of any writing or notice within the 11,722
time at which it would have arrived if properly sent has the 11,723
effect of a proper sending. 11,724
(MM) "Signed" includes any symbol executed or adopted by a 11,726
party with present intention to authenticate a writing. 11,727
(NN) "Surety" includes guarantor. 11,729
(OO) "Telegram" includes a message transmitted by radio, 11,731
teletype, cable, any mechanical method of transmission, or the 11,732
like. 11,733
(PP) "Term" means that portion of an agreement which 11,735
relates to a particular matter. 11,736
(QQ) "Unauthorized" signature means one made without 11,739
actual, implied, or apparent authority and includes a forgery. 11,740
(RR) Except as otherwise provided with respect to 11,742
negotiable instruments and bank collections under sections 11,743
1303.32, 1304.20, and 1304.21 of the Revised Code, a person gives 11,744
"value" for rights if the person acquires them in any of the 11,745
following manners: 11,747
(1) In return for a binding commitment to extend credit or 11,749
for the extension of immediately available credit whether or not 11,750
drawn upon and whether or not a charge-back is provided for in 11,751
the event of difficulties in collection; 11,752
273
(2) As security for or in total or partial satisfaction of 11,754
a pre-existing claim; 11,755
(3) By accepting delivery pursuant to a pre-existing 11,757
contract for purchase; 11,758
(4) Generally, in return for any consideration sufficient 11,760
to support a simple contract. 11,761
(SS) "Warehouse receipt" means a WRITTEN OR ELECTRONIC 11,763
receipt issued by a person engaged in the business of storing 11,765
goods for hire.
(TT) "Written" or "writing" includes printing, 11,767
typewriting, or any other intentional reduction to tangible form. 11,768
Sec. 1309.401. Four THROUGH JUNE 30, 2001, FOUR dollars 11,778
AND FIFTY CENTS, AND, ON AND AFTER JULY 1, 2001, FOUR DOLLARS, of 11,779
each fee collected by the secretary of state under sections 11,781
1309.42 and 1309.43 and divisions (E) and (H) of section 1309.40 11,782
of the Revised Code, and all of the fees collected by the 11,783
secretary of state under section 1309.402 of the Revised Code, 11,784
shall be deposited in the state treasury to the credit of the 11,785
corporate and uniform commercial code filing fund, which is 11,786
hereby created. The remainder of each such fee shall be
deposited in the general revenue fund. All moneys credited to 11,787
the corporate and uniform commercial code filing fund shall be 11,788
used only for the purpose of paying for expenses relating to the 11,789
processing of filings under Title XVII and Chapter 1329. of the 11,790
Revised Code and the uniform commercial code.
Sec. 1317.07. No retail installment contract authorized by 11,799
section 1317.03 of the Revised Code which THAT is executed in 11,800
connection with any retail installment sale shall evidence any 11,801
indebtedness in excess of the time balance fixed in the written 11,802
instrument in compliance with section 1317.04 of the Revised 11,803
Code, but it may evidence in addition any agreements of the 11,804
parties for the payment of delinquent charges, as provided for in 11,805
section 1317.06 of the Revised Code, taxes, and any lawful fee 11,806
actually paid out, or to be paid out, by the retail seller to any 11,807
274
public officer for filing, recording, or releasing any instrument 11,808
securing the payment of the obligation owed on any retail 11,809
installment contract. No retail seller, directly or indirectly, 11,810
shall charge, contract for, or receive from any retail buyer, any 11,811
further or other amount for examination, service, brokerage, 11,812
commission, expense, fee, or other thing of value. A documentary 11,813
service charge customarily and presently being paid on May 9, 11,814
1949, in a particular business and area may be charged if the 11,815
same CHARGE does not exceed thirty FIFTY dollars per sale. 11,817
No retail seller shall use multiple agreements with respect 11,819
to a single item or related items purchased at the same time, 11,820
with intent to obtain a higher charge than would otherwise be 11,821
permitted by Chapter 1317. of the Revised Code or to avoid 11,822
disclosure of an annual percentage rate, nor by use of such 11,823
agreements make any charge greater than that which would be 11,824
permitted by Chapter 1317. of the Revised Code had a single 11,825
agreement been used. 11,826
Sec. 1321.57. (A) Notwithstanding any other provisions of 11,835
the Revised Code, a registrant may contract for and receive 11,836
interest, calculated according to the actuarial method, at a rate 11,837
or rates not exceeding twenty-one per cent per year on the unpaid 11,838
principal balances of the loan. Loans may be interest-bearing or 11,839
precomputed. 11,840
(B) For purposes of computation of time on 11,842
interest-bearing and precomputed loans, including, but not 11,843
limited to, the calculation of interest, a month is considered 11,844
one-twelfth of a year, and a day is considered one three hundred 11,845
sixty-fifth of a year when calculation is made for a fraction of 11,846
a month. A year is as defined in section 1.44 of the Revised 11,847
Code. A month is that period described in section 1.45 of the 11,848
Revised Code. 11,849
(C) With respect to interest-bearing loans: 11,851
(1)(a) Interest shall be computed on unpaid principal 11,853
balances outstanding from time to time, for the time outstanding. 11,854
275
(b) As an alternative to the method of computing interest 11,856
set forth in division (C)(1)(a) of this section, a registrant, if 11,857
the loan contract so provides, may charge and collect interest 11,858
for the first installment period based on elapsed time from the 11,859
date of the loan to the first scheduled payment due date, and for 11,860
each succeeding installment period from the scheduled payment due 11,861
date to the next scheduled payment due date, regardless of the 11,862
date or dates the payments are actually made. 11,863
(c) Whether a registrant computes interest pursuant to 11,865
division (C)(1)(a) or (b) of this section, each payment shall be 11,866
applied first to unpaid charges, then to interest, and the 11,867
remainder to the unpaid principal balance. However, if the 11,868
amount of the payment is insufficient to pay the accumulated 11,869
interest, the unpaid interest continues to accumulate to be paid 11,870
from the proceeds of subsequent payments and is not added to the 11,871
principal balance. 11,872
(2) Interest shall not be compounded or paid in advance. 11,874
However, if part or all of the consideration for a new loan 11,875
contract is the unpaid principal balance of a prior loan, then 11,876
the principal amount payable under such new loan contract may 11,877
include any unpaid interest that has accrued. The resulting loan 11,878
contract shall be deemed a new and separate loan transaction for 11,879
purposes of this section. The unpaid principal balance of a 11,880
precomputed loan is the balance due after refund or credit of 11,881
unearned interest as provided in division (D)(3) of this section. 11,882
(D) With respect to precomputed loans: 11,884
(1) Loans shall be repayable in monthly installments of 11,886
principal and interest combined, except that the first 11,887
installment period may exceed one month by not more than fifteen 11,888
days, and the first installment payment amount may be larger than 11,889
the remaining payments by the amount of interest charged for the 11,890
extra days; and provided further that monthly installment payment 11,891
dates may be omitted to accommodate borrowers with seasonal 11,892
income. 11,893
276
(2) Payments may be applied to the combined total of 11,895
principal and precomputed interest until maturity of the loan. A 11,896
registrant may charge interest after the original or deferred 11,897
maturity of a precomputed loan at the rate specified in division 11,898
(A) of this section on all unpaid principal balances for the time 11,899
outstanding. 11,900
(3) When any loan contract is paid in full by cash, 11,902
renewal, refinancing, or a new loan, one month or more before the 11,903
final installment due date, the registrant shall refund, or 11,904
credit the borrower with, the total of the applicable charges for 11,905
all fully unexpired installment periods, as originally scheduled 11,906
or as deferred, that follow the day of prepayment. If the 11,907
prepayment is made other than on a scheduled installment due 11,909
date, the nearest scheduled installment due date shall be used in
such computation. If the prepayment occurs prior to the first 11,910
installment due date, the registrant may retain one-thirtieth of 11,911
the applicable charge for a first installment period of one month 11,912
for each day from date of loan to date of prepayment, and shall 11,913
refund, or credit the borrower with, the balance of the total 11,914
interest contracted for. If the maturity of the loan is 11,915
accelerated for any reason and judgment is entered, the 11,916
registrant shall credit the borrower with the same refund as if 11,917
prepayment in full had been made on the date the judgment is 11,918
entered. 11,919
(4) If the parties agree in writing, either in the loan 11,921
contract or in a subsequent agreement, to a deferment of wholly 11,922
unpaid installments, a registrant may grant a deferment and may 11,923
collect a deferment charge as provided in this section. A 11,924
deferment postpones the scheduled due date of the earliest unpaid 11,925
installment and all subsequent installments as originally 11,926
scheduled, or as previously deferred, for a period equal to the 11,927
deferment period. The deferment period is that period during 11,928
which no installment is scheduled to be paid by reason of the 11,929
deferment. The deferment charge for a one-month period may not 11,930
277
exceed the applicable charge for the installment period 11,931
immediately following the due date of the last undeferred 11,932
installment. A proportionate charge may be made for deferment 11,933
for periods of more or less than one month. A deferment charge 11,934
is earned pro rata during the deferment period and is fully 11,935
earned on the last day of the deferment period. If a loan is 11,936
prepaid in full during a deferment period, the registrant shall 11,937
make, or credit to the borrower, a refund of the unearned 11,938
deferment charge in addition to any other refund or credit made 11,939
for prepayment of the loan in full. 11,940
(E) A registrant, at the request of the borrower, may 11,942
obtain, on one or more borrowers, credit life insurance, credit 11,943
accident and health insurance, and unemployment insurance. The 11,944
premium or identifiable charge for the insurance may be included 11,946
in the principal amount of the loan and may not exceed the 11,947
premium rate filed by the insurer with the superintendent of 11,948
insurance and not disapproved by the superintendent. If a 11,949
registrant obtains the insurance at the request of the borrower, 11,950
the borrower shall have the right to cancel the insurance for a 11,951
period of twenty-five days after the loan is made. If the 11,952
borrower chooses to cancel the insurance, the borrower shall give 11,953
the registrant written notice of this choice and shall return all 11,954
of the policies or certificates of insurance or notices of 11,955
proposed insurance to the registrant during such period, and the 11,956
full premium or identifiable charge for the insurance shall be 11,957
refunded to the borrower by the registrant. If the borrower 11,958
requests, in the notice to cancel the insurance, that this refund 11,959
be applied to reduce the balance of a precomputed loan, the 11,960
registrant shall credit the amount of the refund plus the amount 11,961
of interest applicable to the refund to the loan balance. 11,962
(F) A registrant may require the borrower to provide 11,964
insurance or a loss payable endorsement covering reasonable risks 11,965
of loss, damage, and destruction of property used as security for 11,966
the loan and with the consent of the borrower such insurance may 11,967
278
cover property other than that which is security for the loan. 11,968
The amount and term of required property insurance shall be 11,969
reasonable in relation to the amount and term of the loan 11,970
contract and the type and value of the security, and the 11,971
insurance shall be procured in accordance with the insurance laws 11,972
of this state. The purchase of this insurance through the 11,973
registrant or an agent or broker designated by the registrant 11,974
shall not be a condition precedent to the granting of the loan. 11,975
If the borrower purchases the insurance from or through the 11,976
registrant or from another source, the premium may be included in 11,977
the principal amount of the loan. 11,978
(G) On loans secured by an interest in real estate, a ALL 11,980
OF THE FOLLOWING APPLY: 11,981
(1) A registrant may charge and receive up to two points, 11,984
and a prepayment penalty not in excess of one per cent of the 11,985
original principal amount of the loan. Points may be paid by the 11,986
borrower at the time of the loan or may be included in the 11,987
principal amount of the loan. On a refinancing, a registrant may 11,988
not charge under this division (G)(1) OF THIS SECTION either 11,990
points within one year from the date of a prior loan on which 11,991
points were charged or a prepayment penalty. This division 11,992
(2) AS AN ALTERNATIVE TO THE PREPAYMENT PENALTY DESCRIBED 11,994
IN DIVISION (G)(1) OF THIS SECTION, A REGISTRANT MAY CONTRACT 11,995
FOR, CHARGE, AND RECEIVE THE PREPAYMENT PENALTY DESCRIBED IN 11,996
DIVISION (G)(2) OF THIS SECTION FOR THE PREPAYMENT OF A LOAN 11,999
PRIOR TO THREE YEARS AFTER THE DATE THE LOAN CONTRACT IS
EXECUTED. THIS PREPAYMENT PENALTY SHALL NOT EXCEED THREE PER 12,000
CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS 12,001
PAID IN FULL PRIOR TO ONE YEAR AFTER THE DATE THE LOAN CONTRACT 12,002
IS EXECUTED. THE PENALTY SHALL NOT EXCEED TWO PER CENT OF THE 12,003
ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS PAID IN FULL 12,004
AT ANY TIME FROM ONE YEAR, BUT PRIOR TO TWO YEARS, AFTER THE DATE 12,005
THE LOAN CONTRACT IS EXECUTED. THE PENALTY SHALL NOT EXCEED ONE 12,006
PER CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN 12,007
279
IS PAID IN FULL AT ANY TIME FROM TWO YEARS, BUT PRIOR TO THREE 12,008
YEARS, AFTER THE DATE THE LOAN CONTRACT IS EXECUTED. A 12,010
REGISTRANT SHALL NOT CHARGE OR RECEIVE A PREPAYMENT PENALTY UNDER 12,011
DIVISION (G)(2) OF THIS SECTION IF ANY OF THE FOLLOWING APPLIES: 12,012
(a) THE LOAN IS A REFINANCING BY THE SAME REGISTRANT OR A 12,014
REGISTRANT TO WHOM THE LOAN HAS BEEN ASSIGNED; 12,015
(b) THE LOAN IS PAID IN FULL AS A RESULT OF THE SALE OF 12,017
THE REAL ESTATE THAT SECURES THE LOAN; 12,019
(c) THE LOAN IS PAID IN FULL WITH THE PROCEEDS OF AN 12,021
INSURANCE CLAIM AGAINST AN INSURANCE POLICY THAT INSURES THE LIFE 12,023
OF THE BORROWER OR AN INSURANCE POLICY THAT COVERS LOSS, DAMAGE, 12,025
OR DESTRUCTION OF THE REAL ESTATE THAT SECURES THE LOAN. 12,026
(3) DIVISION (G) OF THIS SECTION is not a limitation on 12,029
discount points or other charges for purposes of section 12,030
501(b)(4) of the "Depository Institutions Deregulation and 12,031
Monetary Control Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 12,032
note.
(H)(1) In addition to the interest and charges provided 12,034
for by this section, no further or other amount, whether in the 12,035
form of broker fees, placement fees, or any other fees 12,036
whatsoever, shall be charged or received by the registrant, 12,037
except costs and disbursements to which the registrant may become 12,038
entitled by law in connection with any suit to collect a loan or 12,039
any lawful activity to realize on a security interest or mortgage 12,040
after default, and except the following additional charges which 12,042
may be included in the principal amount of the loan or collected
at any time after the loan is made: 12,043
(a) The amounts of fees authorized by law to record, file, 12,045
or release security interests and mortgages on a loan; 12,046
(b) With respect to a loan secured by an interest in real 12,048
estate, the following closing costs, if they are bona fide, 12,049
reasonable in amount, and not for the purpose of circumvention or 12,050
evasion of this section: 12,051
(i) Fees or premiums for title examination, abstract of 12,053
280
title, title insurance, surveys, or similar purposes; 12,054
(ii) If not paid to the registrant, an employee of the 12,056
registrant, or a person related to the registrant, fees for 12,057
preparation of a mortgage, settlement statement, or other 12,058
documents, fees for notarizing mortgages and other documents, and 12,059
appraisal fees; 12,060
(c) Fees for credit investigations not exceeding ten 12,062
dollars.
(2) Division (H)(1) of this section does not limit the 12,064
rights of registrants to engage in other transactions with 12,065
borrowers, provided the transactions are not a condition of the 12,066
loan. 12,067
(I) If the loan contract or security instrument contains 12,069
covenants by the borrower to perform certain duties pertaining to 12,070
insuring or preserving security and the registrant pursuant to 12,071
the loan contract or security instrument pays for performance of 12,072
the duties on behalf of the borrower, the registrant may add the 12,073
amounts paid to the unpaid principal balance of the loan or 12,074
collect them separately. A charge for interest may be made for 12,075
sums advanced not exceeding the rate of interest permitted by 12,076
division (A) of this section. Within a reasonable time after 12,077
advancing a sum, the registrant shall notify the borrower in 12,078
writing of the amount advanced, any interest charged with respect 12,079
to the amount advanced, any revised payment schedule, and shall 12,080
include a brief description of the reason for the advance. 12,081
(J) In addition to points authorized under division (G) of 12,084
this section, a registrant may charge and receive, on loans in 12,085
the principal amount of less than five hundred dollars, loan
origination charges not exceeding fifteen dollars; on loans in 12,086
the principal amount of at least five hundred dollars but less 12,087
than one thousand dollars, loan origination charges not exceeding 12,088
thirty dollars; on loans in the principal amount of at least one 12,089
thousand dollars but less than two thousand dollars, loan 12,090
origination charges not exceeding sixty-five dollars; and on 12,091
281
loans in the principal amount of at least two thousand dollars,
loan origination charges not exceeding the greater of one hundred 12,092
fifty dollars or one per cent of the principal amount of the 12,093
loan. However, on unsecured loans in the principal amount of 12,094
less than five thousand dollars, the loan origination charge 12,095
shall not exceed one hundred dollars. A registrant may not 12,096
impose loan origination charges on a borrower more frequently 12,097
than once in any ninety-day period. Loan origination charges may 12,098
be paid by the borrower at the time of the loan or may be 12,099
included in the principal amount of the loan. 12,100
(K) A registrant may charge and receive check collection 12,102
charges not greater than twenty dollars plus any amount passed on 12,104
from other financial institutions for each check, negotiable 12,105
order of withdrawal, share draft, or other negotiable instrument 12,106
returned or dishonored for any reason. 12,107
(L) If the loan contract so provides, a registrant may 12,109
collect a default charge on any installment not paid in full 12,110
within ten days after its due date. For this purpose, all 12,111
installments are considered paid in the order in which they 12,112
become due. Any amounts applied to an outstanding loan balance 12,113
as a result of voluntary release of a security interest, sale of 12,114
security on the loan, or cancellation of insurance shall be 12,115
considered payments on the loan, unless the parties otherwise 12,116
agree in writing at the time the amounts are applied. The amount 12,117
of the default charge shall not exceed the greater of five per 12,118
cent of the scheduled installment or fifteen dollars. 12,119
Sec. 1322.02. (A) No person, on the person's own behalf 12,128
or on behalf of any other person, shall act as a mortgage broker 12,130
without first having obtained a certificate of registration from 12,131
the superintendent of financial institutions for every office to 12,133
be maintained by the person for the transaction of business as a 12,134
mortgage broker in this state. A registrant shall maintain an 12,137
office location in this state for the transaction of business as 12,138
a mortgage broker in this state. 12,139
282
(B) No registrant or employee of a registrant shall 12,141
originate a mortgage loan, unless the mortgage loan is originated 12,142
at a location where the registrant's certificate of registration 12,143
is maintained, and where the registrant or the employee of the 12,144
registrant regularly transacts mortgage broker business. 12,145
(C) No person shall originate mortgage loans for a 12,148
registrant, unless that person is an employee of the registrant. 12,149
(D)(C) As used in this section: 12,151
(1) "Employee" means a person who may be required or 12,153
directed by a registrant to originate mortgage loans in 12,154
consideration of direct or indirect gain or profit. "Employee" 12,155
does not include an independent contractor or any person who has 12,156
a similar employment relationship with a mortgage broker. 12,157
(2) "Originate" means any of the following: 12,159
(a) To negotiate or arrange, or to offer to negotiate or 12,162
arrange, a mortgage loan between a person that makes or funds
mortgage loans and a buyer; 12,163
(b) To issue a commitment for a mortgage loan to a buyer; 12,166
(c) To place, assist in placement, or find a mortgage loan 12,169
for a buyer.
Sec. 1322.10. (A) After notice and opportunity for a 12,178
hearing conducted in accordance with Chapter 119. of the Revised 12,179
Code, the superintendent of financial institutions may do the 12,181
following:
(1) Suspend, revoke, or refuse to issue or renew a 12,183
certificate of registration if the superintendent finds a 12,186
violation of division (B) of section 1322.02 or 1322.06, or 12,188
section 1322.05, 1322.07, 1322.08, or 1322.09 of the Revised Code 12,189
or the rules adopted under those sections; 12,190
(2) Impose a fine of not more than one thousand dollars, 12,193
for each day a violation of a law or rule is committed, repeated, 12,194
or continued. If the registrant engages in a pattern of repeated 12,195
violations of a law or rule, the superintendent may impose a fine 12,196
of not more than two thousand dollars for each day the violation 12,197
283
is committed, repeated, or continued. All fines collected 12,199
pursuant to this division shall be paid to the treasurer of state 12,201
to the credit of the consumer finance fund created in section 12,202
1321.21 of the Revised Code. In determining the amount of a fine 12,203
to be imposed pursuant to this division, the superintendent shall 12,205
consider all of the following: 12,206
(a) The seriousness of the violation; 12,209
(b) The registrant's good faith efforts to prevent the 12,212
violation;
(c) The registrant's history regarding violations and 12,215
compliance with division orders;
(d) The registrant's financial resources; 12,218
(e) Any other matters the superintendent considers 12,221
appropriate in enforcing sections 1322.01 to 1322.12 of the 12,222
Revised Code.
(B) The superintendent may investigate alleged violations 12,224
of section 1322.01 to 1322.12 of the Revised Code or the rules 12,225
adopted under those sections or complaints concerning any such 12,227
violation. The superintendent may make application to the court 12,228
of common pleas for an order enjoining any such violation, and, 12,229
upon a showing by the superintendent that a person has committed 12,230
or is about to commit such a violation, the court shall grant an 12,231
injunction, restraining order, or other appropriate relief. 12,232
(C) In conducting any investigation pursuant to this 12,234
section, the superintendent may compel, by subpoena, witnesses to 12,236
testify in relation to any matter over which the superintendent 12,237
has jurisdiction and may require the production of any book, 12,238
record, or other document pertaining to that matter. If a person 12,239
fails to file any statement or report, obey any subpoena, give 12,240
testimony, produce any book, record, or other document as 12,241
required by a subpoena, or permit photocopying of any book, 12,242
record, or other document subpoenaed, the court of common pleas 12,243
of any county in this state, upon application made to it by the 12,244
superintendent, shall compel obedience by attachment proceedings 12,245
284
for contempt, as in the case of disobedience of the requirements 12,246
of a subpoena issued from the court or a refusal to testify 12,247
therein.
(D) If the superintendent determines that a person is 12,249
engaged in or is believed to be engaged in activities that may 12,250
constitute a violation of sections 1322.01 to 1322.12 of the 12,251
Revised Code, the superintendent, after notice and a hearing 12,252
conducted in accordance with Chapter 119. of the Revised Code, 12,253
may issue a cease and desist order. Such an order shall be 12,254
enforceable in the court of common pleas. 12,255
Sec. 1501.01. Except where otherwise expressly provided, 12,264
the director of natural resources shall formulate and institute 12,265
all the policies and programs of the department of natural 12,266
resources. The chief of any division of the department shall not 12,267
enter into any contract, agreement, or understanding unless it is 12,268
approved by the director. 12,269
The director shall correlate and coordinate the work and 12,271
activities of the divisions in his THE department to eliminate 12,272
unnecessary duplications of effort and overlapping of functions. 12,273
The chiefs of the various divisions of the department shall meet 12,274
with the director at least once each month at a time and place 12,275
designated by the director. 12,276
The director may create advisory boards to any of those 12,278
divisions in conformity with section 121.13 of the Revised Code. 12,279
The director may accept and expend gifts, devises, and 12,281
bequests of money, lands, and other properties on behalf of the 12,282
department or any division thereof under the terms set forth in 12,283
section 9.20 of the Revised Code. Any political subdivision of 12,284
this state may make contributions to the department for the use 12,285
of the department or any division therein according to the terms 12,286
of the contribution. 12,287
The director may publish and sell or otherwise distribute 12,289
data, reports, and information. 12,290
The director shall adopt rules in accordance with Chapter 12,292
285
119. of the Revised Code to permit the department to accept by 12,293
means of a credit card the payment of fees, charges, and rentals 12,294
at those facilities described in section 1501.07 of the Revised 12,295
Code that are operated by the department, for any data, reports, 12,296
or information sold by the department, and for any other goods or 12,297
services provided by the department. 12,298
Whenever authorized by the governor to do so, the director 12,300
may appropriate property for the uses and purposes authorized to 12,301
be performed by the department and on behalf of any division 12,302
within the department. This authority shall be exercised in the 12,303
manner provided in sections 163.01 to 163.22 of the Revised Code 12,304
for the appropriation of property by the director of 12,305
administrative services. This authority to appropriate property 12,306
is in addition to the authority provided by law for the 12,307
appropriation of property by divisions of the department. The 12,308
director of natural resources also may acquire by purchase, 12,309
lease, or otherwise such real and personal property rights or 12,310
privileges in the name of the state as are necessary for the 12,311
purposes of the department or any division therein. The 12,312
director, with the approval of the governor and the attorney 12,313
general, may sell, lease, or exchange portions of lands or 12,314
property, real or personal, of any division of the department or 12,315
grant easements or licenses for the use thereof, or enter into 12,316
agreements for the sale of water from lands and waters under the 12,317
administration or care of the department or any of its divisions, 12,318
when the sale, lease, exchange, easement, agreement, or license 12,319
for use is advantageous to the state, provided that such approval 12,320
is not required for leases and contracts made under sections 12,321
SECTION 1507.12, IF ANY, OR SECTION 1501.07, 1501.09, 1507.12, or 12,323
1520.03 or Chapter 1523. of the Revised Code. Water may be sold 12,324
from a reservoir only to the extent that the reservoir was 12,325
designed to yield a supply of water for a purpose other than 12,326
recreation or wildlife, and the water sold is in excess of that 12,327
needed to maintain the reservoir for purposes of recreation or 12,328
286
wildlife.
Money received from such sales, leases, easements, 12,330
exchanges, agreements, or licenses for use, except revenues 12,331
required to be set aside or paid into depositories or trust funds 12,332
for the payment of bonds issued under sections 1501.12 to 1501.15 12,333
of the Revised Code, and to maintain the required reserves 12,334
therefor as provided in the orders authorizing the issuance of 12,335
such bonds or the trust agreements securing such bonds, revenues 12,336
required to be paid and credited pursuant to the bond proceeding 12,337
applicable to obligations issued pursuant to section 154.22, and 12,338
revenues generated under section 1520.05 of the Revised Code, 12,339
shall be deposited in the state treasury to the credit of the 12,340
fund of the division of the department having prior jurisdiction 12,341
over the lands or property. If no such fund exists, the money 12,342
shall be credited to the general revenue fund. All such money 12,343
received from lands or properties administered by the division of 12,344
wildlife shall be credited to the wildlife fund. 12,345
The director shall provide for the custody, safekeeping, 12,347
and deposit of all moneys, checks, and drafts received by the 12,348
department or its employees prior to paying them to the treasurer 12,349
of state under section 113.08 of the Revised Code. 12,350
The director shall cooperate with the nature conservancy, 12,352
other nonprofit organizations, and the United States fish and 12,353
wildlife service in order to secure protection of islands in the 12,354
Ohio river and the wildlife and wildlife habitat of those 12,355
islands. 12,356
Sec. 1501.25. (A) THERE IS HEREBY CREATED THE MUSKINGUM 12,359
RIVER ADVISORY COUNCIL CONSISTING OF THE FOLLOWING MEMBERS: 12,361
(1) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE FROM 12,363
EACH PARTY TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF 12,364
REPRESENTATIVES AFTER CONFERRING WITH THE MINORITY LEADER OF THE 12,365
HOUSE, AND TWO MEMBERS OF THE SENATE, ONE FROM EACH PARTY TO BE 12,366
APPOINTED BY THE PRESIDENT OF THE SENATE AFTER CONFERRING WITH 12,367
THE MINORITY LEADER OF THE SENATE; 12,368
287
(2) FOUR PERSONS INTERESTED IN THE DEVELOPMENT OF 12,370
RECREATIONAL AND COMMERCIAL USES OF THE MUSKINGUM RIVER, TO BE 12,371
APPOINTED BY THE GOVERNOR; 12,372
(3) TWO REPRESENTATIVES OF THE DEPARTMENT OF NATURAL 12,374
RESOURCES TO BE APPOINTED BY THE DIRECTOR OF NATURAL RESOURCES, 12,375
ONE REPRESENTATIVE OF THE DEPARTMENT OF DEVELOPMENT TO BE 12,376
APPOINTED BY THE DIRECTOR OF DEVELOPMENT, ONE REPRESENTATIVE OF 12,377
THE ENVIRONMENTAL PROTECTION AGENCY TO BE APPOINTED BY THE 12,378
DIRECTOR OF ENVIRONMENTAL PROTECTION, ONE REPRESENTATIVE OF THE 12,379
DEPARTMENT OF TRANSPORTATION TO BE APPOINTED BY THE DIRECTOR OF 12,380
TRANSPORTATION, AND ONE REPRESENTATIVE OF THE OHIO HISTORICAL 12,381
SOCIETY TO BE APPOINTED BY THE DIRECTOR OF THE SOCIETY; 12,382
(4) TWELVE PERSONS TO BE APPOINTED FROM THE FOUR COUNTIES 12,384
THROUGH WHICH THE MUSKINGUM RIVER FLOWS, WHO SHALL BE APPOINTED 12,386
IN THE FOLLOWING MANNER. THE BOARD OF COUNTY COMMISSIONERS OF 12,387
COSHOCTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,388
CITY OF COSHOCTON SHALL APPOINT ONE MEMBER. THE BOARD OF COUNTY 12,389
COMMISSIONERS OF MUSKINGUM COUNTY SHALL APPOINT TWO MEMBERS, AND 12,390
THE MAYOR OF THE CITY OF ZANESVILLE SHALL APPOINT ONE MEMBER. 12,391
THE BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY SHALL APPOINT 12,393
TWO MEMBERS, AND THE MAYOR OF THE CITY OF MCCONNELSVILLE SHALL 12,394
APPOINT ONE MEMBER. THE BOARD OF COUNTY COMMISSIONERS OF 12,396
WASHINGTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,397
CITY OF MARIETTA SHALL APPOINT ONE MEMBER.
(5) ONE MEMBER REPRESENTING THE MUSKINGUM WATERSHED 12,399
CONSERVANCY DISTRICT, TO BE APPOINTED BY THE BOARD OF DIRECTORS 12,400
OF THE DISTRICT. 12,401
MEMBERS SHALL SERVE AT THE PLEASURE OF THEIR APPOINTING 12,403
AUTHORITY. VACANCIES SHALL BE FILLED IN THE MANNER OF THE 12,404
ORIGINAL APPOINTMENT. 12,405
THE COUNCIL BIENNIALLY SHALL ELECT FROM AMONG ITS MEMBERS A 12,408
CHAIRPERSON AND A VICE-CHAIRPERSON. ONE OF THE REPRESENTATIVES 12,410
OF THE DEPARTMENT OF NATURAL RESOURCES SHALL SERVE AS SECRETARY 12,411
OF THE COUNCIL UNLESS A MAJORITY OF THE MEMBERS ELECT ANOTHER 12,412
288
MEMBER TO THAT POSITION. THE COUNCIL SHALL MEET AT LEAST ONCE 12,414
EACH YEAR FOR THE PURPOSE OF TAKING TESTIMONY FROM RESIDENTS OF 12,416
THE MUSKINGUM RIVER AREA, USERS OF THE RIVER AND ADJACENT LANDS, 12,417
AND THE GENERAL PUBLIC AND MAY HOLD ADDITIONAL MEETINGS AT THE 12,418
CALL OF THE CHAIRPERSON. 12,419
THE CHAIRPERSON MAY APPOINT MEMBERS OF THE COUNCIL AND 12,422
OTHER PERSONS TO COMMITTEES AND STUDY GROUPS AS NEEDED. 12,423
THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL 12,425
ASSEMBLY, THE GOVERNOR, AND THE DIRECTOR OF NATURAL RESOURCES. 12,426
THE REPORT SHALL INCLUDE, WITHOUT LIMITATION, A DESCRIPTION OF 12,427
THE CONDITIONS OF THE MUSKINGUM RIVER AREA, A DISCUSSION OF THE 12,428
COUNCIL'S ACTIVITIES, ANY RECOMMENDATIONS FOR ACTIONS BY THE 12,430
GENERAL ASSEMBLY OR ANY STATE AGENCY THAT THE COUNCIL DETERMINES 12,432
ARE NEEDED, AND ESTIMATES OF THE COSTS OF THOSE RECOMMENDATIONS. 12,433
THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE STAFF 12,435
ASSISTANCE TO THE COUNCIL AS NEEDED. 12,436
(B) THE COUNCIL MAY DO ANY OF THE FOLLOWING: 12,438
(1) PROVIDE COORDINATION AMONG POLITICAL SUBDIVISIONS, 12,440
STATE AGENCIES, AND FEDERAL AGENCIES INVOLVED IN DREDGING, DEBRIS 12,441
REMOVAL OR DISPOSAL, AND RECREATIONAL, COMMERCIAL, TOURISM, AND 12,443
ECONOMIC DEVELOPMENT;
(2) PROVIDE AID TO CIVIC GROUPS AND INDIVIDUALS WHO WANT 12,445
TO MAKE IMPROVEMENTS TO THE MUSKINGUM RIVER IF THE COUNCIL 12,446
DETERMINES THAT THE IMPROVEMENTS WOULD BE BENEFICIAL TO THE 12,447
RESIDENTS OF THE AREA AND TO THE STATE; 12,448
(3) PROVIDE INFORMATION AND PLANNING AID TO STATE AND 12,450
LOCAL AGENCIES RESPONSIBLE FOR HISTORIC, COMMERCIAL, AND 12,451
RECREATIONAL DEVELOPMENT OF THE MUSKINGUM RIVER AREA, INCLUDING 12,452
WITHOUT LIMITATION, SUGGESTIONS AS TO PRIORITIES FOR PENDING 12,454
MUSKINGUM RIVER PROJECTS OF THE DEPARTMENT OF NATURAL RESOURCES;
(4) PROVIDE UPDATED INFORMATION TO THE UNITED STATES ARMY 12,457
CORPS OF ENGINEERS, THE DEPARTMENT OF NATURAL RESOURCES, AND THE 12,458
MUSKINGUM CONSERVANCY DISTRICT ESTABLISHED UNDER CHAPTER 6101. OF 12,461
THE REVISED CODE CONCERNING POTENTIAL HAZARDS TO FLOOD CONTROL OR 12,463
289
NAVIGATION, EROSION PROBLEMS, DEBRIS ACCUMULATION, AND
DETERIORATION OF LOCKS OR DAMS. 12,464
Sec. 1507.01. There is hereby created in the department of 12,473
natural resources the division of engineering to be administered 12,474
by the chief engineer of the department, who shall be a 12,475
professional engineer registered under Chapter 4733. of the 12,476
Revised Code. The chief engineer shall do all of the following: 12,477
(A) Administer this chapter; 12,479
(B) Provide engineering, architectural, land surveying, 12,481
and related administrative and maintenance support services to 12,482
the other divisions in the department; 12,483
(C) Upon request of the director of natural resources, 12,485
implement the department's capital improvement program and 12,486
facility maintenance projects, including all associated 12,487
engineering, architectural, design, contracting, surveying, 12,488
inspection, and management responsibilities and requirements; 12,489
(D) With the approval of the director, act as contracting 12,491
officer in departmental engineering, architectural, surveying, 12,492
and construction matters regarding capital improvements except 12,493
for those matters otherwise specifically provided for in law; 12,494
(E) Administer AS LONG AS THE STATE RETAINS OWNERSHIP OF 12,496
THE BURR OAK WATER SYSTEM, ADMINISTER, operate, and maintain the 12,498
Burr Oak water system and, with the approval of the director, act 12,499
as contracting agent in matters concerning that system; 12,500
(F) Provide engineering support for the coastal management 12,502
program established under Chapter 1506. of the Revised Code; 12,503
(G) Coordinate the department's roadway maintenance 12,505
program with the department of transportation pursuant to section 12,506
5511.05 of the Revised Code and maintain the roadway inventory of 12,507
the department of natural resources; 12,508
(H) Coordinate the department's emergency response 12,510
activities with the emergency management agency created in 12,511
section 5915.02 5502.22 of the Revised Code; 12,512
(I) Coordinate the department's projects, programs, 12,514
290
policies, procedures, and activities with the United States army 12,515
corps of engineers; 12,516
(J) Subject to the approval of the director, employ 12,518
professional and technical assistants and such other employees as 12,519
are necessary for the performance of the activities required or 12,520
authorized under this chapter, other work of the division, and 12,521
any other work agreed to under working agreements or contractual 12,522
arrangements; prescribe their duties; and fix their compensation 12,523
in accordance with such schedules as are provided by law for the 12,524
compensation of state employees. 12,525
Sec. 1507.12. The chief engineer of the department of 12,534
natural resources shall adopt, and may amend and rescind, rules 12,535
in accordance with Chapter 119. of the Revised Code specifying 12,536
requirements and procedures for the provision of water service to 12,537
water users and establishing a rate schedule, including related 12,538
water service fees and late payment penalties, for the sale of 12,539
water from the Burr Oak water system sufficient to meet the 12,540
capital improvement and operating expenses of the system. The 12,541
revenue derived from the sale of the water shall be deposited 12,542
into the Burr Oak water system fund, which is hereby created in 12,543
the state treasury. All investment earnings of the fund shall be 12,544
credited to the fund. Money in the fund shall be used to pay the 12,545
capital improvement and operating expenses of the Burr Oak water
system. The chief engineer may enter into contracts with the 12,546
Ohio water development authority, pursuant to Chapter 6121. of 12,547
the Revised Code, to meet the capital improvement expenses of the 12,548
Burr Oak water system.
THE PROVISIONS OF THIS SECTION APPLY ONLY AS LONG AS THE 12,550
STATE RETAINS OWNERSHIP OF THE BURR OAK WATER SYSTEM AND CEASE TO 12,551
APPLY IF OWNERSHIP OF THE BURR OAK WATER SYSTEM IS TRANSFERRED 12,552
FROM THE STATE. 12,553
For the purposes of this chapter, "Burr Oak water system" 12,555
means the Burr Oak water treatment plant and its transmission 12,556
lines, storage tanks, and other appurtenances. 12,557
291
Sec. 1515.091. (A) As used in this section: 12,566
(1) "Receiving employee" means an employee of a soil and 12,568
water conservation district who receives donated sick leave as 12,569
authorized by this section.
(2) "Donating employee" means an employee of a soil and 12,571
water conservation district who donates sick leave as authorized 12,572
by this section. 12,573
(3) "Paid leave" has the same meaning as in section 12,575
124.391 of the Revised Code. 12,576
(4) "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 12,579
WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF SERVICE FOR 12,580
THE DISTRICT TOTAL FORTY HOURS PER WEEK OR WHO RENDERS ANY OTHER 12,581
STANDARD OF SERVICE ACCEPTED AS FULL-TIME BY THE DISTRICT. 12,582
(5) "FULL-TIME LIMITED HOURS EMPLOYEE" MEANS AN EMPLOYEE 12,584
OF A SOIL AND WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF 12,585
SERVICE FOR THE DISTRICT TOTAL TWENTY-FIVE TO THIRTY-NINE HOURS 12,586
PER WEEK OR WHO RENDERS ANY OTHER STANDARD OF SERVICE ACCEPTED AS 12,587
FULL-TIME LIMITED HOURS BY THE DISTRICT.
(B)(1) An employee of a soil and water conservation 12,590
district is eligible to become a receiving employee if the 12,591
employee is a full-time, regular employee, OR A FULL-TIME LIMITED 12,592
HOURS EMPLOYEE, who has completed the prescribed probationary 12,593
period, has used up all accrued paid leave, and has been placed 12,594
on an approved, unpaid, medical-related leave of absence for a 12,595
period of at least thirty CONSECUTIVE working days because of the 12,596
employee's own serious illness or because of a serious illness of 12,598
a member of the employee's immediate family. 12,599
(2) An employee who desires to become a receiving employee 12,602
shall submit to the board of supervisors of the employing soil 12,603
and water conservation district, along with a satisfactory 12,604
physician's certification, a written request for donated sick 12,605
leave. The board of supervisors shall determine whether the 12,606
employee is eligible to become a receiving employee, and shall 12,608
approve the request if it determines the employee is eligible. 12,609
292
(C)(1) A board of supervisors that approves a request for 12,612
an employee to become a receiving employee shall forward the 12,613
approved application to a committee that the Ohio association of 12,615
soil and water conservation district employees shall appoint to 12,616
act as a clearinghouse for the donation of sick leave under this 12,617
section. The committee shall post notice for not less than ten 12,618
days informing all employees of soil and water conservation 12,619
districts throughout the state that it has received an approved 12,620
application to become a receiving employee.
(2) A soil and water conservation district employee 12,622
desiring to become a donating employee shall complete and submit 12,623
a sick leave donation form to the employee's immediate supervisor 12,625
within twenty days after the date of the initial posting of the
notice described in division (C)(1) of this section. If the 12,626
board of supervisors of the employing district of an employee 12,628
desiring to become a donating employee approves the sick leave 12,629
donation, the board shall forward to the committee, together with 12,630
a check equal to the total value of the sick leave donation, a 12,631
copy of the sick leave donation form, and the board shall notify 12,632
the receiving employee regarding the donation. 12,633
(D) If the committee described in division (C)(1) of this 12,636
section receives a sick leave donation form and a check from a 12,637
board of supervisors, the committee shall deposit the check into 12,638
an account that it shall establish to be used to dispense funds 12,639
to the employing district of a receiving employee. The committee 12,640
shall notify the board of supervisors of the employing district 12,641
of a receiving employee of the amount of sick leave donated. The 12,643
board of supervisors shall bill the committee during each pay 12,644
period for the receiving employee's gross hourly wages in an 12,645
amount that does not exceed the amount donated to the receiving 12,646
employee. The board of supervisors, with the approval of the 12,647
county auditor, shall provide for the deposit into its 12,648
appropriate payroll account of any payments it receives for the 12,649
benefit of a receiving employee.
293
(E) The donation and receipt of sick leave under this 12,652
section is subject to all of the following: 12,653
(1) All donations of sick leave shall be voluntary. 12,656
(2) A donating employee is eligible to donate not less 12,658
than eight hours and not more than eighty hours of sick leave 12,659
during the same calendar year. 12,660
(3) The value of an hour of sick leave donated is the 12,662
value of the donating employee's gross hourly wage. The number 12,663
of hours received by a receiving employee from a donating 12,664
employee shall be a number that, when multiplied by the receiving 12,666
employee's gross hourly wage, equals the amount resulting when 12,667
the donating employee's gross hourly wage is multiplied by the 12,668
number of hours of sick leave donated.
(4) No paid leave shall accrue to a receiving employee for 12,671
any compensation received through donated sick leave, and the
receipt of donated sick leave does not affect the date on which a 12,673
receiving employee first qualifies for continuation of health
insurance coverage. 12,674
(5) If a receiving employee does not use all donated sick 12,676
leave during the period of the employee's leave of absence, the 12,677
unused balance shall be returned, within three months after the 12,678
end of the leave of absence and on a prorated basis, to each 12,679
donating employee who donated sick leave to the receiving 12,680
employee REMAIN IN THE ACCOUNT THAT THE COMMITTEE DESCRIBED IN 12,681
DIVISION (C)(1) OF THIS SECTION ESTABLISHED UNDER DIVISION (D) OF 12,682
THIS SECTION AND SHALL BE USED TO DISPENSE FUNDS IN THE FUTURE TO 12,683
THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. 12,684
Sec. 1521.04. The chief of the division of water, with the 12,693
approval of the director of natural resources, may make loans and 12,694
grants from the water management fund created in section 1501.32 12,695
of the Revised Code to governmental agencies for water 12,696
management, water supply improvements, and planning and may 12,697
administer grants from the federal government and from other 12,698
public or private sources for carrying out those functions and 12,699
294
for the performance of any acts that may be required by the 12,700
United States or by any agency or department thereof as a 12,701
condition for the participation by any governmental agency in any 12,702
federal financial or technical assistance program. Direct and 12,703
indirect costs of administration may be paid from the water 12,704
management fund. 12,705
The chief may use the water management fund to acquire, 12,707
construct, reconstruct, improve, equip, maintain, operate, and 12,708
dispose of water management improvements. He THE CHIEF may fix, 12,709
alter, charge, and collect rates, fees, rentals, and other 12,711
charges to be paid into the water management fund by governmental 12,712
agencies and persons who are supplied with water by facilities 12,713
constructed or operated by the department of natural resources in 12,714
order to amortize and defray the cost of the construction, 12,715
maintenance, and operation of those facilities. This section 12,716
does not apply to the Burr Oak water system administered by the 12,717
chief engineer of the department of natural resources under 12,718
Chapter 1507. SECTIONS 1507.01 AND 1507.12 of the Revised Code. 12,719
Sec. 1547.67. The division of watercraft, with the 12,732
approval of the director of natural resources, may expend, for 12,733
the purpose of assisting political subdivisions, conservancy 12,734
districts, and state departments to establish or maintain and 12,735
operate a marine patrol for the purpose of enforcing this chapter 12,736
AND CHAPTER 1548. OF THE REVISED CODE and rules adopted under it 12,738
THEM AND TO PROVIDE EMERGENCY RESPONSE TO BOATING ACCIDENTS ON 12,739
THE WATER, such funds as are appropriated by the general assembly 12,740
for that purpose, and, in addition, such moneys from the 12,741
waterways safety fund established in section 1547.75 of the 12,742
Revised Code as determined to be necessary by the division of
watercraft not to exceed ten per cent of all moneys accruing to 12,743
the fund. In no case shall the grant to a political subdivision, 12,744
conservancy district, or state department total more than 12,745
twenty-five THIRTY thousand dollars in a calendar year. Moneys 12,746
so allocated may be used for the purchase, maintenance, and 12,747
295
operation of vessels and marine equipment, educational materials, 12,748
and personnel salaries, THAT ARE necessary for enforcement of 12,749
this chapter AND CHAPTER 1548. OF THE REVISED CODE and rules 12,750
adopted under it, THEM and to provide for the public safety 12,752
EMERGENCY RESPONSE TO BOATING ACCIDENTS ON THE WATER. 12,753
The division of watercraft shall disburse the moneys as 12,755
provided in this section in accordance with its determination of 12,756
need in the enforcement of this chapter AND CHAPTER 1548. OF THE 12,757
REVISED CODE and rules adopted under it THEM and shall disburse 12,758
those moneys only on a matching COST SHARE basis to supplement 12,760
funds allocated by a political subdivision, conservancy district, 12,761
or state department for that purpose. A GRANTEE SHALL PROVIDE AT 12,762
LEAST TWENTY-FIVE PER CENT OF THE TOTAL PROGRAM COST.
Sec. 1547.68. To assist political subdivisions, 12,771
conservancy districts, state departments, or nonprofit 12,772
organizations in establishing or participating in boating safety 12,773
education programs, the division of watercraft, with the approval 12,774
of the director of natural resources, may expend moneys 12,775
appropriated by the general assembly for those purposes and, 12,776
additionally, moneys from the waterways safety fund established 12,777
in section 1547.75 of the Revised Code determined to be necessary 12,778
by the division, but not to exceed ten per cent of all moneys 12,779
accruing to the fund. In no case shall a grant to any one 12,780
political subdivision, conservancy district, state department, or 12,781
nonprofit organization total more than fifteen THIRTY thousand 12,782
dollars in a calendar year. Moneys so allocated may be used for 12,784
personnel salaries and training, materials, supplies, equipment, 12,785
and related expenses needed to conduct boating education 12,786
programs. 12,787
The division shall disburse the moneys as provided in this 12,789
section in accordance with its determination of need in the 12,790
enforcement of this chapter and rules adopted under it or for the 12,791
establishment of or participation in a boating safety education 12,792
program. The division shall disburse moneys only on a cost share 12,793
296
basis. A grantee shall provide at least twenty-five per cent of 12,794
the total program cost and may do so with cash, in-kind services 12,795
or contributions, or both A COMBINATION. The cost share shall be 12,797
allocated by a political subdivision, conservancy district, state 12,798
department, or nonprofit organization for those purposes. 12,799
Sec. 1547.72. (A) The division of watercraft, whenever it 12,808
considers it in the best interests of the state, and as an aid to 12,809
lake commerce and navigation or recreational boating, may 12,811
construct, maintain, repair, and operate refuge harbors and other 12,812
projects for the harboring, mooring, docking, launching, and 12,813
storing of light draft vessels, and marine recreational 12,814
facilities. Subject to section 1547.77 of the Revised Code, 12,815
those harbors, projects, and facilities may be constructed on 12,816
waters in this state. If a refuge harbor lies between the shore 12,817
line SHORELINE and a harbor line established by the United States 12,819
government so as to interfere with the wharfing out by a littoral 12,820
owner to navigable waters, the littoral owner shall consent 12,821
thereto in writing before the location and construction thereof. 12,822
The division may lease any space in those refuge harbors or 12,824
other projects for the harboring, mooring, docking, launching, 12,825
and storing of light draft vessels. The rental therefor shall be 12,826
determined by the division. 12,827
(B) The division, with the approval of the director of 12,829
natural resources, may expend for the acquisition of any rights 12,830
in land; for the construction, maintenance, repair, and operation 12,831
of refuge harbors and other projects for the harboring, mooring, 12,832
docking, launching, and storing of light draft vessels, and 12,833
marine recreational facilities on waters in this state; for 12,834
planning, studies, surveys, and engineering therefor; or for the 12,836
improvement of harbors, channels, and waterways to foster vessel 12,837
safety, funds appropriated by the general assembly for those 12,839
purposes and, in addition, moneys accruing to the waterways 12,840
safety fund established in section 1547.75 of the Revised Code. 12,841
(C) THE DIVISION, WITH THE APPROVAL OF THE DIRECTOR, MAY 12,843
297
DISTRIBUTE MONEYS FOR THE PURPOSE OF ADMINISTERING FEDERAL 12,844
ASSISTANCE UNDER THE "CLEAN VESSEL ACT OF 1992," 106 STAT. 5086, 12,846
33 U.S.C. 1322 NOTE, TO PUBLIC AND PRIVATE ENTITIES FOR THE 12,847
CONSTRUCTION, RENOVATION, OPERATION, AND MAINTENANCE OF PUMPOUT 12,848
STATIONS AND WASTE RECEPTION FACILITIES AND FOR ANY OTHER PURPOSE
PROVIDED UNDER THAT ACT. PUBLIC AND PRIVATE ENTITIES THAT 12,849
RECEIVE MONEYS UNDER THIS DIVISION MAY CHARGE FEES AT THE 12,850
FACILITIES IN ACCORDANCE WITH GUIDELINES ESTABLISHED UNDER THE 12,851
CLEAN VESSEL ACT OF 1992. 12,852
Sec. 1555.12. In the event the moneys to the credit of the 12,861
coal research and development bond service fund are insufficient 12,862
to meet in full all payments of interest, principal, and charges 12,863
for the retirement of obligations issued pursuant to Section 15 12,864
of Article VIII, Ohio Constitution, and section 1555.08 of the 12,865
Revised Code due and payable during the current calendar year, 12,866
except the principal of notes which THAT the commissioners of the 12,868
sinking fund certify will be retired by the issuance of bonds or 12,869
renewal notes or other obligations, the commissioners may on or 12,870
before the fifteenth day of January of any such year or any time 12,871
or times during such calendar year, but shall in any event within 12,872
ten days prior to the time any such payments are due or prior to 12,873
the date the payments required become due, certify to the 12,874
treasurer of state the total amount of such payments of 12,875
principal, interest, or charges, the amount of moneys to the 12,876
credit of the bond service fund, and the amount of additional 12,877
money necessary to be credited to the bond service fund to meet 12,878
in full the payment of such interest, principal, or charges when 12,879
due. 12,880
Upon the receipt of such certification, or if on 12,882
presentation for payment when due of either principal or interest 12,883
on obligations issued pursuant to Section 15 of Article VIII, 12,884
Ohio Constitution, and section 1555.08 of the Revised Code, there 12,885
are insufficient moneys for payment of such principal and 12,886
interest as certified to the treasurer of state, the treasurer of 12,887
298
state shall, after making whatever transfers are required by 12,888
divisions (C)(1), (2), and (3) of section 129.73 or section 12,889
5528.16 or 5528.36 of the Revised Code, transfer a sufficient 12,890
amount to the bond service fund from the undistributed receipts 12,891
derived from all excises and taxes of the state, except ad 12,892
valorem taxes on personal property, income taxes, and fees, 12,893
excises, or taxes relating to the registration, operation, or use 12,894
of vehicles on the public highways, or to fuels used for 12,895
propelling such vehicles, which excises and taxes, other than 12,896
those excepted, are and shall be deemed to be levied, in addition 12,897
to the purposes otherwise provided for by law, to provide in 12,898
accordance with the provisions of this section for the payment of 12,899
interest, principal, and charges on coal research and development 12,900
general obligations, including bonds and notes, issued pursuant 12,901
to Section 15 of Article VIII, Ohio Constitution, and section 12,902
1555.08 of the Revised Code, provided that the treasurer of state 12,903
shall draw from the undistributed revenues derived from the taxes 12,904
levied by sections 3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 12,905
5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 5731.19, 5733.06, 12,907
5739.02, 5741.02, 5743.02, and 5743.32 of the Revised Code in 12,908
proportion to the amount of undistributed revenues from each such 12,909
tax remaining after the transfer to the improvements bond 12,910
retirement fund created by Section 2f of Article VIII, Ohio 12,911
Constitution, the development bond retirement fund created by 12,912
Section 2h of Article VIII, Ohio Constitution, and the public 12,913
improvements bond retirement fund created by section 129.72 of 12,914
the Revised Code, of such amount of those revenues as may be 12,915
required by sections 129.55, 129.63, and 129.73 of the Revised 12,916
Code to be so transferred, provided that the commissioners of the 12,917
sinking fund may, in any resolution authorizing the issuance of 12,918
such coal research and development general obligations, MAY 12,919
provide for the reservation of the right to have the 12,920
undistributed revenues referred to in this paragraph applied 12,921
first to such bonds or other obligations as may thereafter be 12,922
299
issued and in priority to application thereof to the payment of 12,923
the principal and interest on obligations authorized by this 12,924
chapter, but such reservation shall not in any way qualify the 12,925
obligation of the state, which shall be absolute and 12,926
unconditional, to levy and collect at all times sufficient 12,927
excises and taxes, other than those excepted in Section 2i of 12,928
Article VIII, Ohio Constitution, as will produce adequate 12,929
revenues available for the payment of the principal and interest 12,930
of such coal research and development general obligations. 12,931
Sec. 1751.68. (A) As used in this section: 12,940
(1) "Continuing care facility" means a facility that 12,942
provides continuing care as defined in section 173.13 of the 12,943
Revised Code. 12,944
(2) "Facility" means any of the following: 12,946
(a) A skilled nursing facility; 12,948
(b) A continuing care facility that includes a part that 12,951
is a skilled nursing facility;
(c) A home for the aging that includes a part that is a 12,954
skilled nursing facility.
(3) "Home for the aging" and "skilled nursing care" have 12,956
the same meanings as in section 3721.01 of the Revised Code. 12,958
(4) "Skilled nursing facility" means a facility certified 12,960
as a skilled nursing facility under Title XVIII of the "Social 12,961
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 12,962
(B) Notwithstanding section 3901.71 of the Revised Code, 12,965
each individual or group health insuring corporation policy, 12,966
contract, certificate, or agreement delivered, issued for 12,967
delivery, or renewed in this state that provides benefits for 12,968
skilled nursing care through a closed panel plan shall provide 12,969
reimbursement for medically necessary covered skilled nursing 12,970
care services that an enrollee receives in a facility even though 12,971
the facility does not participate in the health insuring 12,972
corporation's closed panel plan if all of the following 12,973
conditions apply:
300
(1) The enrollee or the enrollee's spouse, on or before 12,975
September 1, 1997, resided in the facility or had a contract to 12,977
reside in the facility.
(2) The enrollee or the enrollee's spouse, immediately 12,979
prior to the enrollee being hospitalized, resided in the facility 12,981
or has a contract to reside in the facility and, following the 12,982
hospitalization, the enrollee resides in a part of the facility 12,983
that is a skilled nursing facility, regardless of whether the 12,984
enrollee or the enrollee's spouse resided in or had a contract to 12,985
reside in a different part of the facility prior to the 12,986
enrollee's hospitalization.
(3)(2) The facility provides the enrollee the level of 12,988
skilled nursing care that the enrollee requires. 12,989
(4)(3) The facility is willing to accept from the health 12,991
insuring corporation all of the same terms and conditions that 12,992
apply to a facility that provides skilled nursing care and is 12,993
participating in the health insuring corporation's closed panel 12,994
plan. 12,995
(C) THIS SECTION DOES NOT REQUIRE A HEALTH INSURING 12,997
CORPORATION TO INCLUDE A FACILITY IN THE CORPORATION'S CLOSED 12,999
PANEL PLAN OR REQUIRE A HEALTH INSURING CORPORATION TO PROVIDE A 13,000
FACILITY TERMS AND CONDITIONS THAT ARE DIFFERENT FROM THE TERMS 13,001
AND CONDITIONS APPLICABLE TO OTHER FACILITIES INCLUDED IN THE 13,002
CORPORATION'S CLOSED PANEL PLAN. 13,003
Sec. 2108.021. (A) EVERY HOSPITAL SHALL DEVELOP AND 13,005
IMPLEMENT A WRITTEN PROTOCOL FOR FACILITATING PROCUREMENT OF 13,006
ANATOMICAL GIFTS IN CONSULTATION WITH ALL RECOVERY AGENCIES THAT 13,007
WORK WITH THE HOSPITAL IN PROCURING AND REALIZING ANATOMICAL 13,008
GIFTS. THE PROTOCOL SHALL INCLUDE PROVISIONS UNDER WHICH THE 13,009
HOSPITAL SHALL DO ALL OF THE FOLLOWING: 13,010
(1) ENTER INTO AN AGREEMENT WITH AN ORGAN PROCUREMENT 13,012
ORGANIZATION THAT DOES ALL OF THE FOLLOWING: 13,013
(a) PROVIDES FOR THE HOSPITAL TO NOTIFY, IN A TIMELY 13,015
MANNER, THE ORGAN PROCUREMENT ORGANIZATION, OR A THIRD PARTY 13,016
301
DESIGNATED BY THE ORGANIZATION TO RECEIVE NOTIFICATION FROM THE 13,018
HOSPITAL, THAT AN INDIVIDUAL'S DEATH IS IMMINENT OR THE
INDIVIDUAL HAS DIED IN THE HOSPITAL; 13,020
(b) PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO 13,022
DETERMINE THE MEDICAL SUITABILITY OF THE POTENTIAL DONOR FOR 13,023
ORGAN DONATION;
(c) ON NOTIFICATION BY THE HOSPITAL OF THE DEATH OR 13,025
IMMINENT DEATH OF A POTENTIAL EYE OR TISSUE DONOR, PROVIDES FOR 13,026
THE ORGAN PROCUREMENT ORGANIZATION TO NOTIFY THE EYE AND TISSUE 13,028
BANKS THE HOSPITAL HAS AGREEMENTS WITH UNDER DIVISION (B) OF THIS 13,029
SECTION UNLESS THE ORGAN PROCUREMENT ORGANIZATION IS THE EYE OR 13,030
TISSUE BANK;
(d) UNLESS AN AGREEMENT THE HOSPITAL HAS ENTERED INTO WITH 13,032
AN EYE BANK OR TISSUE BANK UNDER DIVISION (B) OF THIS SECTION 13,033
PROVIDES FOR THE EYE OR TISSUE BANK TO DETERMINE MEDICAL 13,034
SUITABILITY OF THE POTENTIAL DONOR FOR EYE OR TISSUE DONATION, 13,035
PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO DETERMINE 13,036
MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR EYE AND TISSUE 13,037
DONATIONS.
(2) COLLABORATE WITH THE ORGAN PROCUREMENT ORGANIZATION TO 13,040
ESTABLISH A PROCEDURE FOR REQUESTING ORGAN, EYE, OR TISSUE 13,041
DONATIONS THAT ENSURES THE FAMILY OF EACH POTENTIAL DONOR IS 13,042
NOTIFIED OF THE OPTION TO DONATE ORGANS, EYES, OR TISSUES, OR TO 13,043
DECLINE TO DONATE;
(3) ENCOURAGE DISCRETION AND SENSITIVITY WITH RESPECT TO 13,045
THE CIRCUMSTANCES, OPINIONS, AND BELIEFS OF THE FAMILY OF EACH 13,046
POTENTIAL DONOR; 13,047
(4) COOPERATE WITH THE ORGAN PROCUREMENT ORGANIZATION AND 13,049
AN EYE BANK AND A TISSUE BANK TO DO ALL OF THE FOLLOWING: 13,050
(a) EDUCATE STAFF ON DONATION ISSUES; 13,052
(b) REVIEW DEATH CERTIFICATES AND OTHER RECORDS TO IMPROVE 13,054
IDENTIFICATION OF POTENTIAL DONORS; 13,055
(c) MAINTAIN THE BODY OF EACH POTENTIAL DONOR WHILE 13,057
NECESSARY TESTING AND MATCHING OF POTENTIAL DONATED ORGANS, 13,058
302
TISSUES, AND EYES TAKE PLACE. 13,059
(B) EACH HOSPITAL SHALL ENTER INTO AN AGREEMENT WITH AT 13,061
LEAST ONE EYE BANK AND AT LEAST ONE TISSUE BANK WITH WHICH THE 13,062
HOSPITAL WILL COOPERATE TO RETRIEVE, PROCESS, PRESERVE, STORE, 13,064
AND DISTRIBUTE ALL USABLE EYES AND TISSUES THAT HAVE BEEN
DONATED. IF THE ORGAN PROCUREMENT ORGANIZATION DESCRIBED IN 13,065
DIVISION (A) OF THIS SECTION OFFERS EYE OR TISSUE RECOVERY 13,066
SERVICES, IT MAY BE THE EYE BANK, TISSUE BANK, OR BOTH, WITH 13,068
WHICH THE HOSPITAL ENTERS INTO AN AGREEMENT.
AN AGREEMENT BETWEEN A HOSPITAL AND AN EYE BANK OR TISSUE 13,071
BANK MAY PROVIDE FOR THE EYE OR TISSUE BANK TO DETERMINE THE
MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR EYE OR TISSUE 13,072
DONATION.
NOTHING IN AN AGREEMENT ENTERED INTO UNDER THIS DIVISION 13,074
SHALL INTERFERE WITH THE PROCUREMENT OF ORGANS UNDER AN AGREEMENT 13,075
ENTERED INTO UNDER DIVISION (A)(1) OF THIS SECTION. 13,076
Sec. 2108.022. (A) A REQUEST TO ONE OR MORE OF THE 13,078
PERSONS DESCRIBED IN DIVISION (B) OF SECTION 2108.02 OF THE 13,079
REVISED CODE TO MAKE A GIFT OF APPROPRIATE PARTS OF A PATIENT'S 13,081
BODY SHALL BE INITIATED BY A PERSON DESIGNATED BY THE HOSPITAL, 13,082
WHICH MAY BE EITHER OF THE FOLLOWING: 13,083
(1) A REPRESENTATIVE OF THE ORGAN PROCUREMENT ORGANIZATION 13,085
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 13,088
CODE;
(2) AN INDIVIDUAL DESIGNATED BY THE HOSPITAL WHO HAS 13,090
COMPLETED A COURSE ON THE PROCEDURE FOR APPROACHING THE FAMILY OF 13,091
A POTENTIAL DONOR AND REQUESTING ORGAN, EYE, AND TISSUE DONATIONS 13,092
THAT IS OFFERED OR APPROVED BY THE ORGAN PROCUREMENT ORGANIZATION 13,093
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 13,095
CODE AND DESIGNED IN CONSULTATION WITH EYE AND TISSUE BANKS. 13,096
(B) A REQUEST TO ANY OF THE PERSONS DESCRIBED IN DIVISION 13,098
(B) OF SECTION 2108.02 OF THE REVISED CODE TO MAKE A GIFT OF 13,100
APPROPRIATE PARTS OF A PATIENT'S BODY SHALL NOT BE MADE IF THE 13,102
ORGAN PROCUREMENT ORGANIZATION REPRESENTATIVE OR THE INDIVIDUAL 13,103
303
DESIGNATED BY THE HOSPITAL HAS ACTUAL NOTICE OF CONTRARY 13,104
INTENTIONS BY THE PATIENT OR ACTUAL NOTICE OF OPPOSITION BY ANY 13,105
OF THE PERSONS DESCRIBED IN DIVISION (B) OF SECTION 2108.02 OF 13,106
THE REVISED CODE. 13,107
Sec. 2108.023. THE DIRECTOR OF HEALTH, IN COLLABORATION 13,109
WITH REPRESENTATIVES OF HOSPITALS AND ORGAN PROCUREMENT 13,110
ORGANIZATIONS, SHALL ISSUE GUIDELINES ESTABLISHING BOTH OF THE 13,111
FOLLOWING:
(A) RECOMMENDATIONS FOR THE TRAINING OF INDIVIDUALS 13,113
DESIGNATED TO MAKE REQUESTS FOR ANATOMICAL GIFTS UNDER DIVISION 13,114
(B) OF SECTION 2108.021 OF THE REVISED CODE, INCLUDING 13,115
REPRESENTATIVES OF ORGAN PROCUREMENT ORGANIZATIONS AND 13,117
INDIVIDUALS DESIGNATED BY HOSPITALS TO INITIATE ORGAN DONATION 13,118
REQUESTS;
(B) COMMUNICATION AND COORDINATION PROCEDURES TO IMPROVE 13,120
THE EFFICIENCY OF MAKING DONATED BODY PARTS AVAILABLE. THE 13,121
GUIDELINES SHALL INCLUDE PROCEDURES FOR COMMUNICATING WITH THE 13,122
APPROPRIATE RECOVERY AGENCY. 13,123
Sec. 2108.15. There is hereby created in the state 13,132
treasury the second chance trust fund. The fund shall consist of 13,133
voluntary contributions deposited as provided in sections 13,134
4506.081, 4507.231, and 4507.501 of the Revised Code. All 13,135
investment earnings of the fund shall be credited to the fund. 13,136
The director of health shall use the money in the fund only 13,138
for the following purposes: 13,139
(A) Development and implementation of a campaign that 13,141
explains and promotes the second chance trust fund; 13,142
(B) Development and implementation of a statewide public 13,144
education program about organ, tissue, and eye donation, 13,145
including the informational material required to be provided 13,146
under sections 4506.081, 4507.231, and 4507.501 of the Revised 13,147
Code;
(C) Development and implementation of statewide donor 13,149
awareness programs in secondary schools; 13,150
304
(D) Development and implementation of statewide programs 13,152
to recognize donor families; 13,153
(E) Development of statewide hospital training programs to 13,155
encourage and facilitate compliance with the provisions of 13,156
division (A) of section 2108.021 of the Revised Code concerning 13,158
circumstances under which an anatomical gift is required to be 13,160
requested;
(F) Reimbursement of the bureau of motor vehicles for the 13,163
administrative costs incurred in the performance of duties under 13,164
sections 4506.081, 4507.231, and 4507.501 of the Revised Code. 13,165
(G) Payment of the compensation of a staff member of the 13,167
department of health for the staff member's time spent monitoring 13,168
hospital compliance with sections 2108.01 to 2108.09 of the 13,169
Revised Code;
(H) Reimbursement UNTIL DECEMBER 31, 2000, REIMBURSEMENT 13,172
of board members for actual and necessary expenses incurred in 13,173
the performance of official duties.
The UNTIL DECEMBER 31, 2000, THE director shall consider 13,176
recommendations made by the second chance trust fund board 13,177
pursuant to section 2108.16 of the Revised Code. The UNTIL 13,178
DECEMBER 31, 2000, THE director shall determine the 13,179
appropriateness of and approve or disapprove projects recommended 13,180
by the board for funding and. ON AND AFTER DECEMBER 31, 2000, 13,181
THE DIRECTOR SHALL DETERMINE THE APPROPRIATENESS OF AND APPROVE 13,182
OR DISAPPROVE PROJECTS. THE DIRECTOR SHALL approve or disapprove 13,183
the disbursement of money from the second chance trust fund. 13,184
Sec. 2151.55. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 13,186
INTENDS TO PLACE A CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN 13,187
THE COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING 13,188
REMOVED FROM HOME, A REPRESENTATIVE OF THE PLACING ENTITY SHALL 13,189
ORALLY COMMUNICATE THE INTENDED PLACEMENT TO THE FOSTER CAREGIVER 13,190
WITH WHOM THE CHILD IS TO BE PLACED AND, IF THE CHILD WILL ATTEND 13,191
THE SCHOOLS OF THE DISTRICT IN WHICH THE FOSTER HOME IS LOCATED, 13,192
A REPRESENTATIVE OF THE SCHOOL DISTRICT'S BOARD OF EDUCATION. 13,193
305
Sec. 2151.551. DURING THE ORAL COMMUNICATION DESCRIBED IN 13,196
SECTION 2151.55 OF THE REVISED CODE, THE REPRESENTATIVE OF THE 13,197
PLACING ENTITY SHALL DO THE FOLLOWING:
(A) DISCUSS SAFETY AND WELL-BEING CONCERNS REGARDING THE 13,199
CHILD AND, IF THE CHILD ATTENDS SCHOOL, THE STUDENTS, TEACHERS, 13,200
AND PERSONNEL OF THE SCHOOL; 13,201
(B) PROVIDE THE FOLLOWING INFORMATION: 13,203
(1) A BRIEF DESCRIPTION OF THE REASONS THE CHILD WAS 13,205
REMOVED FROM HOME; 13,206
(2) SERVICES THE CHILD IS RECEIVING; 13,208
(3) THE NAME OF THE CONTACT PERSON FOR THE PLACING ENTITY 13,210
THAT IS DIRECTLY RESPONSIBLE FOR MONITORING THE CHILD'S 13,211
PLACEMENT;
(4) THE TELEPHONE NUMBER OF THE PLACING ENTITY AND, IF THE 13,213
CHILD IS IN THE TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF A 13,214
PRIVATE OR GOVERNMENT ENTITY OTHER THAN THE PLACING ENTITY, THE 13,215
TELEPHONE NUMBER OF THE ENTITY WITH CUSTODY; 13,216
(5) THE PREVIOUS SCHOOL DISTRICT ATTENDED BY THE CHILD; 13,218
(6) THE LAST KNOWN ADDRESS OF THE CHILD'S PARENTS. 13,220
Sec. 2151.552. NO LATER THAN FIVE DAYS AFTER A CHILD 13,222
DESCRIBED IN SECTION 2151.55 OF THE REVISED CODE IS ENROLLED IN 13,223
SCHOOL IN THE DISTRICT DESCRIBED IN THAT SECTION, THE PLACING 13,225
ENTITY SHALL PROVIDE IN WRITING THE INFORMATION DESCRIBED IN 13,226
DIVISION (B) OF SECTION 2151.551 OF THE REVISED CODE TO THE 13,227
SCHOOL DISTRICT AND THE CHILD'S FOSTER CAREGIVER. 13,228
Sec. 2151.553. EACH SCHOOL DISTRICT BOARD OF EDUCATION 13,230
SHALL IMPLEMENT A PROCEDURE FOR RECEIVING THE INFORMATION 13,231
DESCRIBED IN SECTION 2151.552 OF THE REVISED CODE. 13,232
Sec. 2151.554. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 13,234
PLACES A CHILD WHO HAS BEEN ADJUDICATED TO BE AN UNRULY OR 13,235
DELINQUENT CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN THE 13,236
COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING REMOVED 13,238
FROM HOME, THE PLACING ENTITY SHALL PROVIDE THE FOLLOWING
INFORMATION IN WRITING TO THE JUVENILE COURT OF THE COUNTY IN 13,240
306
WHICH THE FOSTER HOME IS LOCATED:
(A) THE INFORMATION LISTED IN DIVISIONS (B)(2) TO (4) OF 13,242
SECTION 2151.551 OF THE REVISED CODE; 13,244
(B) A BRIEF DESCRIPTION OF THE FACTS SUPPORTING THE 13,246
ADJUDICATION THAT THE CHILD IS UNRULY OR DELINQUENT; 13,247
(C) THE NAME AND ADDRESS OF THE FOSTER CAREGIVER; 13,249
(D) SAFETY AND WELL-BEING CONCERNS WITH RESPECT TO THE 13,251
CHILD AND COMMUNITY. 13,252
Sec. 2305.232. (A) No person who gives aid or advice in 13,261
an emergency situation relating to the prevention of an imminent 13,262
release of hazardous material, to the clean-up or disposal of 13,263
hazardous material that has been released, or to the related 13,264
mitigation of the effects of a release of hazardous material, nor 13,265
the public or private employer of such a person, is liable in 13,266
civil damages as a result of the aid or advice if all of the 13,267
following apply: 13,268
(1) The aid or advice was given at the request of: 13,270
(a) A sheriff, the chief of police or other chief officer 13,272
of the law enforcement agency of a municipal corporation, the 13,273
chief of police of a township police district, the chief of a 13,274
fire department, the state fire marshal, the director of 13,275
environmental protection, the chairman CHAIRPERSON of the public 13,276
utilities commission, the superintendent of the state highway 13,278
patrol, the state EXECUTIVE director of the emergency management 13,279
agency, the chief executive of a municipal corporation, or the 13,281
authorized representative of any such official, or the 13,282
legislative authority of a township or county; or 13,283
(b) The owner or manufacturer of the hazardous material, 13,285
an association of manufacturers of the hazardous material, or a 13,286
hazardous material mutual aid group;. 13,287
(2) The person giving the aid or advice acted without 13,289
anticipating remuneration for himself SELF or his THE PERSON'S 13,291
employer from the governmental official, authority, or agency 13,292
that requested the aid or advice; 13,293
307
(3) The person giving the aid or advice was specially 13,295
qualified by training or experience to give the aid or advice; 13,296
(4) Neither the person giving the aid or advice nor the 13,298
public or private employer of the person giving the aid or advice 13,299
was responsible for causing the release or threat of release nor 13,300
would otherwise be liable for damages caused by the release; 13,301
(5) The person giving the aid or advice did not engage in 13,303
willful, wanton, or reckless misconduct or grossly negligent 13,304
conduct in giving the aid or advice; 13,305
(6) The person giving the aid or advice notified the 13,307
emergency response section of the environmental protection agency 13,308
prior to giving the aid or advice. 13,309
(B) The immunity conferred by this section does not limit 13,311
the liability of any person whose action caused or contributed to 13,312
the release of hazardous material. That person is liable for any 13,313
enhancement of damages caused by the person giving aid or advice 13,314
under this section unless the enhancement of damages was caused 13,315
by the willful, wanton, or reckless misconduct or grossly 13,316
negligent conduct of the person giving aid or advice. 13,317
(C) This section does not apply to any person rendering 13,319
care, assistance, or advice in response to a discharge of oil 13,320
when that person's immunity from liability is subject to 13,321
determination under section 2305.39 of the Revised Code.
(D) As used in this section: 13,323
(1) "Hazardous material" means any material designated as 13,325
such under the "Hazardous Materials Transportation Act," 88 Stat. 13,326
2156 (1975), 49 U.S.C.A. 1803, as amended. 13,327
(2) "Mutual aid group" means any group formed at the 13,329
federal, state, regional, or local level whose members agree to 13,330
respond to incidents involving hazardous material whether or not 13,331
they shipped, transported, manufactured, or were at all connected 13,332
with the hazardous material involved in a particular incident. 13,333
(3) "Discharge" and "oil" have the same meanings as in 13,335
section 2305.39 of the Revised Code. 13,336
308
Sec. 2744.10. (A) AS USED IN THIS SECTION: 13,338
(1) "COMPUTER SERVICES," "COMPUTER," "COMPUTER SYSTEM," 13,340
"COMPUTER NETWORK," "COMPUTER PROGRAM," "COMPUTER SOFTWARE," AND 13,341
"DATA" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE 13,342
REVISED CODE.
(2) "INFORMATION TECHNOLOGY SYSTEM OR PRODUCT" INCLUDES A 13,344
COMPUTER SERVICE, COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, OR 13,345
COMPUTER PROGRAM, COMPUTER SOFTWARE, AND DATA AND ALSO INCLUDES, 13,346
BUT IS NOT LIMITED TO, ANY SOFTWARE, FIRMWARE, MICROCODE, 13,347
HARDWARE, EMBEDDED CHIPS, OR OTHER SYSTEM OR PRODUCT OR ANY 13,348
COMBINATION OF THOSE ITEMS THAT CREATES, READS, WRITES, 13,349
CALCULATES, COMPARES, SEQUENCES, OR OTHERWISE PROCESSES DATE 13,350
DATA.
(3) "STATE" AND "POLITICAL SUBDIVISION" HAVE THE SAME 13,352
MEANING AS IN SECTION 2744.01 OF THE REVISED CODE. 13,353
(4) "YEAR 2000 COMPLIANT" MEANS A COMPUTER SYSTEM OR 13,356
SYSTEMS THAT ARE, OR WILL BE, CAPABLE OF ACCURATELY PROCESSING, 13,357
STORING, PROVIDING AND RECEIVING DATE AND TIME DATA FROM, INTO, 13,358
AND BETWEEN THE TWENTIETH AND TWENTY-FIRST CENTURIES, INCLUDING 13,360
THE YEARS 1999 AND 2000, AND LEAP-YEAR CALCULATIONS, WHEN USED ON 13,362
A STAND-ALONE BASIS OR IN COMBINATION WITH OTHER HARDWARE, 13,363
FIRMWARE, OR SOFTWARE, WITHOUT CREATING NEW ERRORS OR SIDE 13,364
EFFECTS. THE PROCESSING OF DATE AND TIME DATA INCLUDES, BUT IS
NOT LIMITED TO, CALCULATING, COMPARING, PROJECTING, AND 13,365
SEQUENCING.
(B) THE STATE OR A POLITICAL SUBDIVISION SHALL NOT BE 13,367
LIABLE IN ANY CIVIL ACTION OR PROCEEDINGS FOR ANY DAMAGES CAUSED 13,369
BY THE FAILURE OF ANY INFORMATION TECHNOLOGY SYSTEM OR PRODUCT 13,370
PROVIDED OR USED BY THE STATE OR THE POLITICAL SUBDIVISION TO BE 13,371
YEAR 2000 COMPLIANT, UNLESS THE CLAIMANT PROVES, BY CLEAR AND
CONVINCING EVIDENCE, THAT BOTH OF THE FOLLOWING APPLY: 13,372
(1) THE FAILURE OF THE INFORMATION TECHNOLOGY SYSTEM OR 13,374
PRODUCT TO BE YEAR 2000 COMPLIANT IS THE PROXIMATE CAUSE OF THE 13,376
DAMAGES ALLEGED.
309
(2) THE STATE OR THE POLITICAL SUBDIVISION FAILED TO MAKE 13,379
A GOOD FAITH EFFORT, PRIOR TO JANUARY 1, 2000, TO BECOME YEAR 13,380
2000 COMPLIANT.
(C) AN ACTION FOR DAMAGES AGAINST THE STATE UNDER THIS 13,383
SECTION SHALL BE FILED IN THE COURT OF CLAIMS PURSUANT TO CHAPTER 13,384
2743. OF THE REVISED CODE.
Sec. 2941.51. (A) Counsel appointed to a case or selected 13,393
by an indigent person under division (E) of section 120.16 or 13,394
division (E) of section 120.26 of the Revised Code, or otherwise 13,395
appointed by the court, except for counsel appointed by the court 13,396
to provide legal representation for a person charged with a 13,397
violation of an ordinance of a municipal corporation, shall be 13,398
paid for their services by the county the compensation and 13,399
expenses that the trial court approves. Each request for payment 13,400
shall be accompanied by A FINANCIAL DISCLOSURE FORM AND an 13,401
affidavit of indigency THAT ARE completed by the indigent person 13,403
on forms prescribed by the state public defender. Compensation 13,404
and expenses shall not exceed the amounts fixed by the board of 13,405
county commissioners pursuant to division (B) of this section. 13,406
(B) The board of county commissioners shall establish a 13,408
schedule of fees by case or on an hourly basis to be paid by the 13,409
county for legal services provided by appointed counsel. Prior 13,410
to establishing such schedule, the board shall request the bar 13,411
association or associations of the county to submit a proposed 13,412
schedule. The schedule submitted shall be subject to the review, 13,413
amendment, and approval of the board of county commissioners. 13,414
(C) In a case where counsel have been appointed to conduct 13,416
an appeal under Chapter 120. of the Revised Code, such 13,417
compensation shall be fixed by the court of appeals or the 13,418
supreme court, as provided in divisions (A) and (B) of this 13,419
section. 13,420
(D) The fees and expenses approved by the court under this 13,422
section shall not be taxed as part of the costs and shall be paid 13,423
by the county. However, if the person represented has, or 13,424
310
reasonably may be expected to have, the means to meet some part 13,425
of the cost of the services rendered to the person, the person 13,427
shall pay the county an amount that the person reasonably can be 13,429
expected to pay. Pursuant to section 120.04 of the Revised Code, 13,430
the county shall pay to the state public defender a percentage of 13,432
the payment received from the person in an amount proportionate 13,434
to the percentage of the costs of the person's case that were 13,435
paid to the county by the state public defender pursuant to this 13,436
section. The money paid to the state public defender shall be 13,437
credited to the client payment fund created pursuant to division 13,438
(B)(5) of section 120.04 of the Revised Code. 13,440
(E) The county auditor shall draw a warrant on the county 13,443
treasurer for the payment of such counsel in the amount fixed by 13,444
the court, plus the expenses that the court fixes and certifies 13,445
to the auditor. The county auditor shall report periodically, 13,446
but not less than annually, to the board OF COUNTY COMMISSIONERS 13,447
and to the Ohio public defender commission the amounts paid out 13,448
pursuant to the approval of the court under this section, 13,449
separately stating costs and expenses that are reimbursable under 13,450
section 120.35 of the Revised Code. The board, after review and 13,451
approval of the auditor's report, may then certify it to the 13,452
state public defender for reimbursement. THE REQUEST FOR 13,453
REIMBURSEMENT SHALL BE ACCOMPANIED BY A FINANCIAL DISCLOSURE FORM 13,454
COMPLETED BY EACH INDIGENT PERSON FOR WHOM COUNSEL WAS PROVIDED 13,455
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 13,456
public defender shall review the report and, in accordance with 13,457
the standards, guidelines, and maximums established pursuant to 13,458
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 13,459
pay fifty per cent of the total cost, other than costs and 13,460
expenses that are reimbursable under section 120.35 of the 13,461
Revised Code, if any, of paying appointed counsel in each county 13,462
and pay fifty per cent of costs and expenses that are 13,463
reimbursable under section 120.35 of the Revised Code, if any, to 13,464
the board.
311
(F) If any county system for paying appointed counsel 13,466
fails to maintain the standards for the conduct of the system 13,467
established by the rules of the Ohio public defender commission 13,468
pursuant to divisions (B) and (C) of section 120.03 of the 13,469
Revised Code or the standards established by the state public 13,470
defender pursuant to division (B)(7) of section 102.04 120.04 of 13,472
the Revised Code, the commission shall notify the board of county
commissioners of the county that the county system for paying 13,474
appointed counsel has failed to comply with its rules. Unless 13,475
the board corrects the conduct of its appointed counsel system to 13,476
comply with the rules within ninety days after the date of the 13,477
notice, the state public defender may deny all or part of the 13,479
county's reimbursement from the state provided for in this 13,480
section.
Sec. 2949.17. (A) The sheriff may take one guard for 13,489
every two convicted felons to be transported to a correctional 13,491
institution. The trial judge may authorize a larger number of 13,492
guards upon written application of the sheriff, in which case a 13,493
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, 13,494
and the sheriff shall deliver the order with the convict to the 13,495
person in charge of the correctional institution. In 13,496
(B) IN order to obtain reimbursement for the county for 13,499
the expenses of transportation for indigent convicted felons, the
clerk of the court of common pleas shall prepare a transportation 13,500
cost bill for each indigent convicted felon transported pursuant 13,501
to this section for an amount equal to ten cents a mile from the 13,502
county seat to the state correctional institution and return for 13,503
the sheriff and each of the guards and five cents a mile from the 13,504
county seat to the state correctional institution for each
prisoner. The number of miles shall be computed by the usual 13,505
route of travel. THE CLERK'S DUTIES UNDER THIS DIVISION ARE 13,506
SUBJECT TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE. 13,507
Sec. 2949.19. The (A) SUBJECT TO DIVISION (B) OF THIS 13,517
312
SECTION, THE clerk of the court of common pleas shall report to 13,518
the state public defender all cases in which an indigent person 13,519
was convicted of a felony, all cases in which reimbursement is 13,520
required by section 2949.20 of the Revised Code, and all cost 13,521
bills for transportation that are prepared pursuant to section 13,522
2949.17 of the Revised Code. The reports shall be filed for each 13,523
fiscal quarter within thirty days after the end of the quarter on 13,524
a form prescribed by the state public defender and shall be 13,525
accompanied by a certification of a judge of the court that in 13,526
all cases listed in the report the defendant was determined to be 13,527
indigent and convicted of a felony or that the case is reported 13,528
pursuant to section 2949.20 of the Revised Code and that for each 13,529
transportation cost bill submitted pursuant to section 2949.17 of 13,530
the Revised Code that the convicted felon was determined to be 13,531
indigent. The state public defender shall review the reports 13,532
RECEIVED UNDER THIS DIVISION and prepare a transportation cost 13,533
voucher and a quarterly subsidy voucher for each county for the 13,534
amounts he THE STATE PUBLIC DEFENDER finds to be correct. To 13,536
compute the quarterly subsidy, the state public defender first 13,537
shall subtract the total of all transportation cost vouchers that 13,538
he THE STATE PUBLIC DEFENDER approves for payment for the quarter 13,540
from one-fourth of his THE STATE PUBLIC DEFENDER'S total
appropriation for criminal costs subsidy for the fiscal year of 13,542
which the quarter is part. He THE STATE PUBLIC DEFENDER then 13,543
shall compute a base subsidy amount per case by dividing the 13,545
remainder by the total number of cases from all counties he THE
STATE PUBLIC DEFENDER approves for subsidy for the quarter. The 13,547
quarterly subsidy voucher for each county shall then be the 13,548
product of the base subsidy amount times the number of cases 13,549
submitted by the county and approved for subsidy for the quarter. 13,550
Payment shall be made to the clerk. 13,551
The clerk shall keep a record of all cases submitted for 13,553
the subsidy in which the defendant was bound over to the court of 13,554
common pleas from the municipal court. Upon receipt of the 13,555
313
quarterly subsidy, the clerk shall pay to the clerk of the 13,556
municipal court, for municipal court costs in such cases, an 13,557
amount that does not exceed fifteen dollars per case, shall pay 13,558
foreign sheriffs for their services, and shall deposit the 13,559
remainder of the subsidy to the credit of the general fund of the 13,560
county. The clerk of the court of common pleas then shall stamp 13,561
his THE CLERK'S records "subsidy costs satisfied." 13,562
(B) IF NOTIFIED BY THE STATE PUBLIC DEFENDER UNDER SECTION 13,564
2949.201 OF THE REVISED CODE THAT, FOR A SPECIFIED STATE FISCAL 13,565
YEAR, THE GENERAL ASSEMBLY HAS NOT APPROPRIATED FUNDING FOR 13,566
REIMBURSEMENT PAYMENTS PURSUANT TO DIVISION (A) OF THIS SECTION, 13,567
THE CLERK OF THE COURT OF COMMON PLEAS IS EXEMPT FOR THAT STATE 13,568
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE CLERK BY DIVISION 13,569
(A) OF THIS SECTION AND BY SECTIONS 2949.17 AND 2949.20 OF THE
REVISED CODE. UPON PROVIDING THE NOTICE DESCRIBED IN THIS 13,570
DIVISION, THE STATE PUBLIC DEFENDER IS EXEMPT FOR THAT STATE 13,571
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE STATE PUBLIC 13,572
DEFENDER BY DIVISION (A) OF THIS SECTION. 13,573
Sec. 2949.20. In any case of final judgment of reversal as 13,582
provided in section 2953.07 of the Revised Code, whenever the 13,583
state of Ohio is the appellee, the clerk of the court of common 13,584
pleas of the county in which sentence was imposed shall certify 13,585
the case to the state public defender for reimbursement in the 13,586
report required by section 2949.19 of the Revised Code, SUBJECT 13,587
TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE.
Sec. 2949.201. (A) On or before the first day of February 13,596
of even-numbered years DATE SPECIFIED IN DIVISION (B) OF THIS 13,598
SECTION, IN EACH STATE FISCAL YEAR, the state public defender 13,601
shall report to the speaker and minority leader of the house of 13,603
representatives, the president and minority leader of the senate,
the office of budget and management, and the legislative budget 13,604
office of the legislative service commission an estimate of the 13,606
amount of money that will be required for the next fiscal 13,607
biennium to make the NOTIFY THE CLERK OF THE COURT OF COMMON 13,608
314
PLEAS OF EACH COUNTY WHETHER THE GENERAL ASSEMBLY HAS, OR HAS
NOT, APPROPRIATED FUNDING FOR THAT STATE FISCAL YEAR FOR 13,609
REIMBURSEMENT payments required by PURSUANT TO DIVISION (A) OF 13,610
section 2949.19 of the Revised Code. 13,611
(B) THE STATE PUBLIC DEFENDER SHALL PROVIDE THE 13,613
NOTIFICATION REQUIRED BY DIVISION (A) OF THIS SECTION ON OR 13,614
BEFORE WHICHEVER OF THE FOLLOWING DATES IS APPLICABLE: 13,615
(1) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,617
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,618
FISCAL YEAR IS IN EFFECT, ON OR BEFORE THE THIRTY-FIRST DAY OF 13,619
JULY;
(2) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,621
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,622
FISCAL YEAR IS NOT IN EFFECT, ON OR BEFORE THE DAY THAT IS THIRTY 13,623
DAYS AFTER THE EFFECTIVE DATE OF THE MAIN OPERATING 13,624
APPROPRIATIONS ACT THAT COVERS THAT FISCAL YEAR. 13,625
Sec. 3109.13. As used in sections 3109.13 to 3109.18 of 13,634
the Revised Code, "child abuse and child neglect prevention 13,635
programs" means programs designed to prevent child abuse and 13,636
child neglect, including, but not limited to, any of the 13,637
following: 13,638
(A) Community-based public PUBLIC awareness programs that 13,640
pertain to child abuse or child neglect; 13,642
(B) Community-based educational programs that pertain to 13,644
prenatal care, perinatal bonding, child development, basic child 13,645
care, care of children with special needs, or coping with family 13,646
stress;, FAMILY-FOCUSED SUPPORT SERVICES AND ACTIVITIES THAT DO 13,647
ANY OF THE FOLLOWING: 13,649
(1) BUILD PARENTING SKILLS; 13,651
(2) PROMOTE PARENTAL BEHAVIORS THAT LEAD TO HEALTHY AND 13,653
POSITIVE PERSONAL DEVELOPMENT OF PARENTS AND CHILDREN; 13,654
(3) PROMOTE INDIVIDUAL, FAMILY, AND COMMUNITY STRENGTHS; 13,656
(4) PROVIDE INFORMATION, EDUCATION, OR HEALTH ACTIVITIES 13,658
THAT PROMOTE THE WELL-BEING OF FAMILIES AND CHILDREN. 13,659
315
(C) Community-based programs that relate to care and 13,661
treatment in child abuse or child neglect crisis situations; aid 13,662
to parents who potentially may abuse or neglect their children; 13,663
child abuse or child neglect counseling; support groups for 13,664
parents who potentially may abuse or neglect their children, and 13,665
support groups for their children; or early identification of 13,666
families in which there is a potential for child abuse or child 13,667
neglect; 13,668
(D) Programs that train and place volunteers in programs 13,670
that pertain to child abuse or child neglect; 13,671
(E) Programs that may develop and make available to boards 13,673
of education curricula and educational materials on basic child 13,674
care and parenting skills, or programs that would provide both 13,675
teacher and volunteer training programs. 13,676
Sec. 3109.14. (A) As used in this section, "birth record" 13,685
and "certification of birth" have the meanings given in section 13,686
3705.01 of the Revised Code. 13,687
(B)(1) The director of health, a person authorized by the 13,689
director, a local commissioner of health, or a local registrar of 13,690
vital statistics shall charge and collect for each CERTIFIED copy 13,691
of a birth record and for each certification of birth a fee of 13,692
two dollars, and for each copy of a death record a fee of two 13,693
dollars, in addition to the fee imposed by section 3705.24 or any 13,694
other section of the Revised Code. A local commissioner of 13,695
health or a local registrar of vital statistics may retain an 13,696
amount of each additional fee collected, not to exceed three per 13,699
cent of the amount of the additional fee, to be used for costs 13,700
directly related to the collection of the fee and the forwarding 13,701
of the fee to the treasurer of state.
(2) Upon the filing for a divorce decree under section 13,703
3105.10 or a decree of dissolution under section 3105.65 of the 13,704
Revised Code, a court of common pleas shall charge and collect a 13,705
fee of ten dollars in addition to any other court costs or fees. 13,706
The county clerk of courts may retain an amount of each 13,707
316
additional fee collected, not to exceed three per cent of the 13,709
amount of the additional fee, to be used for costs directly 13,710
related to the collection of the fee and the forwarding of the 13,711
fee to the treasurer of state. 13,712
(C) The additional fees collected, but not retained, under 13,714
this section during each month shall be forwarded not later than 13,715
the twentieth TENTH day of the immediately following month to the 13,716
treasurer of state, who shall deposit the fees in the state 13,718
treasury to the credit of the children's trust fund, which is 13,719
hereby created. A PERSON OR GOVERNMENT ENTITY THAT FAILS TO 13,720
FORWARD THE FEES IN A TIMELY MANNER, AS DETERMINED BY THE 13,721
TREASURER OF STATE, SHALL FORWARD TO THE TREASURER OF STATE, IN 13,722
ADDITION TO THE FEES, A PENALTY EQUAL TO TEN PER CENT OF THE 13,724
FEES.
The treasurer of state shall invest the moneys in the fund, 13,726
and all earnings resulting from investment of the fund shall be 13,727
credited to the fund, except that actual administrative costs 13,728
incurred by the treasurer of state in administering the fund may 13,729
be deducted from the earnings resulting from investments. The 13,730
amount that may be deducted shall not exceed three per cent of 13,731
the total amount of fees credited to the fund in each fiscal 13,732
year, except that the children's trust fund board may approve an 13,733
amount for actual administrative costs exceeding three per cent 13,734
but not exceeding four per cent of such amount. The balance of 13,735
the investment earnings shall be credited to the fund. Moneys 13,736
credited to the fund shall be used only for the purposes 13,737
described in sections 3109.17 and 3109.13 TO 3109.18 of the 13,739
Revised Code.
Sec. 3109.15. There is hereby created within the 13,748
department of human services the children's trust fund board 13,749
consisting of thirteen FIFTEEN members. The director DIRECTORS 13,751
of ALCOHOL AND DRUG ADDICTION SERVICES, health, and the director 13,753
of human services shall be members of the board. Seven EIGHT 13,754
public members shall be appointed by the governor. These members 13,755
317
shall be persons with demonstrated knowledge in programs for 13,756
children, shall be representative of the demographic composition 13,757
of this state, and, to the extent practicable, shall be 13,758
representative of the following categories: the educational 13,759
community; the legal community; the social work community; the 13,760
medical community; the voluntary sector; and professional 13,761
providers of child abuse and child neglect services. Five of 13,762
these members shall be residents of counties where the population 13,763
exceeds four hundred thousand; no more than one such member shall 13,764
be a resident of the same county. Two members of the board shall 13,765
be members of the house of representatives appointed by the 13,766
speaker of the house of representatives and shall be members of 13,767
two different political parties. Two members of the board shall 13,768
be members of the senate appointed by the president of the senate 13,769
and shall be members of two different political parties. All 13,770
members of the board appointed by the speaker of the house of 13,771
representatives or the president of the senate shall serve until 13,772
the expiration of the sessions of the general assembly during 13,773
which they were appointed. They may be reappointed to an 13,774
unlimited number of successive terms of two years at the pleasure 13,775
of the speaker of the house of representatives or president of 13,776
the senate. Of the public members first appointed, three shall 13,777
serve for terms of four years; two shall serve for terms of three 13,778
years; and two shall serve for terms of two years. Thereafter, 13,779
public PUBLIC members shall serve terms of three years. Each 13,780
member shall serve until his THE MEMBER'S successor is appointed. 13,782
No public member may serve more than two consecutive terms, 13,784
regardless of whether such terms were full or partial terms. All 13,785
vacancies on the board shall be filled for the balance of the 13,786
unexpired term in the same manner as the original appointment. 13,787
Any public member of the board may be removed by the 13,789
governor MEMBER'S APPOINTING AUTHORITY for misconduct, 13,790
incompetency, or neglect of duty after first being given the 13,792
opportunity to be heard in his THE MEMBER'S own behalf. PURSUANT 13,794
318
TO SECTION 3.17 OF THE REVISED CODE, A MEMBER, EXCEPT A MEMBER OF 13,795
THE GENERAL ASSEMBLY OR A JUDGE OF ANY COURT IN THE STATE, WHO 13,796
FAILS TO ATTEND AT LEAST THREE-FIFTHS OF THE REGULAR AND SPECIAL 13,797
MEETINGS HELD BY THE BOARD DURING ANY TWO-YEAR PERIOD FORFEITS 13,798
THE MEMBER'S POSITION ON THE BOARD. 13,799
Each member of the board shall serve without compensation 13,801
but shall be reimbursed for all actual and necessary expenses 13,802
incurred by him in the performace PERFORMANCE of his official 13,804
duties. 13,805
The speaker of the house of representatives and the 13,807
president of the senate shall jointly appoint the board chairman 13,808
CHAIRPERSON from among the legislative members of the board. 13,810
Sec. 3109.16. The children's trust fund board, upon the 13,819
recommendation of the director of human services, shall approve 13,820
the employment of the staff that will administer the programs of 13,821
the board. The department of human services shall provide 13,822
budgetary, procurement, accounting, and other related management 13,823
functions for the board. An amount not to exceed three FIVE per 13,824
cent of the total amount of fees deposited in the children's 13,826
trust fund in each fiscal year may be used for costs directly 13,827
related to these administrative functions of the department. 13,828
With the approval of the board, an amount exceeding three per 13,829
cent, but not exceeding four per cent, of the total amount of 13,830
fees credited to the fund in each EACH fiscal year may be used, 13,831
THE BOARD SHALL APPROVE A BUDGET for costs directly related to 13,833
these administrative functions EXPENDITURES FOR THE NEXT FISCAL 13,834
YEAR.
The board shall meet at the call of the chairman 13,836
CHAIRPERSON to conduct its official business. All business 13,838
transactions of the board shall be conducted in public meetings. 13,839
The votes of at least seven board EIGHT members are OF THE BOARD 13,841
CONSTITUTE A QUORUM. A MAJORITY OF THE QUORUM IS required to 13,842
approve the state plan for the allocation of funds from the 13,843
children's trust fund.
319
The board may apply for and accept federal AND OTHER funds 13,845
for the purposes PURPOSE of sections 3109.13 to 3109.18 of the 13,846
Revised Code FUNDING CHILD ABUSE AND CHILD NEGLECT PREVENTION 13,847
PROGRAMS. In addition, the board may accept gifts and donations 13,849
from any source, including individuals, philanthropic foundations 13,852
or organizations, corporations, or corporation endowments. The
acceptance and use of federal funds shall not entail any 13,854
commitment or pledge of state funds, nor obligate the general 13,855
assembly to continue the programs or activities for which the 13,856
federal funds are made available. All funds received in the 13,857
manner described in this section shall be transmitted to the 13,858
treasurer of state, who shall credit them to the children's trust 13,859
fund created in section 3109.14 of the Revised Code. 13,860
Sec. 3109.17. (A) For each fiscal biennium beginning on 13,870
the first day of July of each odd-numbered year, the children's 13,871
trust fund board shall establish a biennial state plan for the 13,872
allocation of funds in the children's trust fund. The plan shall 13,874
ensure that equal opportunity exists for the establishment of 13,875
child abuse and child neglect prevention programs and the use of 13,876
moneys from the fund to provide assistance in all geographic 13,877
areas of this state and to provide assistance to members of all 13,878
social and economic groups of this state COMPREHENSIVE CHILD 13,879
ABUSE AND CHILD NEGLECT PREVENTION. The plan shall be 13,880
transmitted to the governor, the president AND MINORITY LEADER of 13,881
the senate, and the speaker AND MINORITY LEADER of the house of 13,883
representatives and shall be made available to the general 13,884
public.
(B) In developing and carrying out a THE STATE plan, the 13,886
children's trust fund board shall, in accordance with Chapter 13,888
119. of the Revised Code, do all of the following: 13,889
(1) ENSURE THAT AN OPPORTUNITY EXISTS FOR ASSISTANCE 13,892
THROUGH CHILD ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS TO 13,893
PERSONS THROUGHOUT THE STATE OF VARIOUS SOCIAL AND ECONOMIC 13,894
BACKGROUNDS;
320
(2) BEFORE THE THIRTIETH DAY OF OCTOBER OF EACH YEAR, 13,897
NOTIFY EACH CHILD ABUSE AND CHILD NEGLECT PREVENTION ADVISORY 13,898
BOARD OF THE AMOUNT ESTIMATED TO BE BLOCK GRANTED TO THAT 13,899
ADVISORY BOARD FOR THE FOLLOWING FISCAL YEAR. 13,900
(3) Develop and adopt the state plan for the allocation of 13,903
funds and develop criteria, including standards for cost and 13,904
program effectiveness, for county or district COMPREHENSIVE 13,905
allocation plans and for individual projects in counties or 13,906
districts that do not have a child abuse and child neglect 13,907
advisory board, INCLUDING CRITERIA FOR DETERMINING THE PLANS' 13,908
EFFECTIVENESS;
(2) Establish criteria, including standards for cost and 13,910
program effectiveness, for child abuse and child neglect 13,911
prevention programs; 13,912
(3) Make grants to public or private agencies or schools 13,914
for the purpose of child abuse and child neglect prevention 13,915
programs. The board may consider factors such as need, 13,916
geographic location, diversity, coordination with or improvement 13,917
of existing services, maintenance of local funding efforts, and 13,918
extensive use of volunteers. Children's trust fund moneys shall 13,919
be allocated among all counties according to a formula based on 13,920
the ratio of the number of children under the age of eighteen in 13,921
the county to the number of children under the age of eighteen in 13,922
the state, as shown in the most recent federal decennial census 13,923
of population; provided, that each county receiving trust fund 13,924
moneys shall receive a minimum of ten thousand dollars per 13,925
funding year. 13,926
(4) Approve each REVIEW county or district COMPREHENSIVE 13,929
allocation plan and individual project in whole or in part if it 13,930
is in compliance with the criteria established under this section 13,931
and under section 3109.18 of the Revised Code. If an allocation 13,932
plan or individual project is rejected in whole or in part, the 13,933
board shall: 13,934
(a) Cite specific reasons for rejection; 13,936
321
(b) When appropriate, offer recommendations and technical 13,938
assistance to bring the plan or project into compliance, holding 13,939
the funds until the plan or project is finally approved or 13,942
rejected.
(5) Notify each advisory board or individual applicant in 13,945
writing whether the allocation plan or individual project has 13,947
been approved in whole or in part not later than sixty days after 13,948
submission of the plan or project to the children's trust fund 13,949
board PLANS; 13,950
(6) Regularly review and monitor the expenditure of moneys 13,952
(5) MAKE A BLOCK GRANT TO EACH CHILD ABUSE AND CHILD 13,954
NEGLECT PREVENTION ADVISORY BOARD FOR THE PURPOSE OF FUNDING 13,955
CHILD ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS. THE BLOCK 13,956
GRANTS SHALL BE ALLOCATED AMONG ADVISORY BOARDS ACCORDING TO A 13,957
FORMULA BASED ON THE RATIO OF THE NUMBER OF CHILDREN UNDER AGE 13,958
EIGHTEEN IN THE COUNTY OR MULTICOUNTY DISTRICT TO THE NUMBER OF 13,959
CHILDREN UNDER AGE EIGHTEEN IN THE STATE, AS SHOWN IN THE MOST 13,960
RECENT FEDERAL DECENNIAL CENSUS OF POPULATION. SUBJECT TO THE 13,961
AVAILABILITY OF FUNDS, EACH ADVISORY BOARD SHALL RECEIVE A 13,962
MINIMUM OF TEN THOUSAND DOLLARS PER FISCAL YEAR. IN THE CASE OF 13,963
AN ADVISORY BOARD THAT SERVES A MULTICOUNTY DISTRICT, THE 13,964
ADVISORY BOARD SHALL RECEIVE, SUBJECT TO AVAILABLE FUNDS, A 13,965
MINIMUM OF TEN THOUSAND DOLLARS PER FISCAL YEAR FOR EACH COUNTY 13,966
IN THE DISTRICT. BLOCK GRANTS SHALL BE DISBURSED TO THE ADVISORY 13,967
BOARDS TWICE ANNUALLY. AT LEAST FIFTY PER CENT OF THE AMOUNT OF 13,968
THE BLOCK GRANT ALLOCATED TO AN ADVISORY BOARD FOR A FISCAL YEAR 13,969
SHALL BE DISBURSED TO THE ADVISORY BOARD NOT LATER THAN THE 13,970
THIRTIETH DAY OF SEPTEMBER. THE REMAINDER OF THE BLOCK GRANT 13,971
ALLOCATED TO THE ADVISORY BOARD FOR THAT FISCAL YEAR SHALL BE 13,972
DISBURSED BEFORE THE THIRTY-FIRST DAY OF MARCH. 13,973
IF THE CHILDREN'S TRUST FUND BOARD DETERMINES, BASED ON 13,975
COUNTY OR DISTRICT PERFORMANCE OR ON THE ANNUAL REPORT SUBMITTED 13,976
BY AN ADVISORY BOARD, THAT THE ADVISORY BOARD IS NOT OPERATING IN 13,977
ACCORDANCE WITH THE CRITERIA ESTABLISHED IN DIVISION (B)(3) OF 13,978
322
THIS SECTION, IT MAY REVISE THE ALLOCATION OF FUNDS THAT THE 13,979
ADVISORY BOARD RECEIVES.
(6) PROVIDE FOR THE MONITORING OF EXPENDITURES from the 13,983
children's trust fund AND OF PROGRAMS THAT RECEIVE MONEY FROM THE
CHILDREN'S TRUST FUND; 13,984
(7) Consult ESTABLISH REPORTING REQUIREMENTS FOR ADVISORY 13,987
BOARDS;
(8) COLLABORATE with appropriate state agencies to help 13,989
determine the probable effectiveness and fiscal soundness of and 13,990
need for proposed community-based child abuse and child neglect 13,991
prevention programs; 13,992
(8) Facilitate PERSONS AND GOVERNMENT ENTITIES AND 13,994
FACILITATE the exchange of information between groups concerned 13,996
with programs for children in this state AMONG THOSE PERSONS AND 13,997
ENTITIES FOR THE PURPOSE OF CHILD ABUSE AND CHILD NEGLECT
PREVENTION;
(9) Provide for statewide educational and THE EDUCATION OF 14,000
THE public informational conferences and workshops PROFESSIONALS 14,001
for the purpose of developing appropriate public awareness 14,003
regarding the problems of families and children, encouraging 14,004
professional persons and groups to recognize and deal with 14,005
problems of families and children, making information regarding 14,006
the problems of families and children and the prevention of these 14,007
problems available to the general public in order to encourage 14,008
citizens to become involved in the prevention of such problems, 14,009
and encouraging the development of community CHILD ABUSE AND 14,010
CHILD NEGLECT prevention programs; 14,011
(10) Establish a procedure for a written annual internal 14,013
evaluation of the functions, responsibilities, and performance of 14,014
the board. The evaluation shall be coordinated with the state 14,017
plan. The evaluation shall be transmitted to the governor, the 14,018
president of the senate, and the speaker of the house of 14,019
representatives and shall be made available to the general 14,021
public.
323
(C) THE CHILDREN'S TRUST FUND BOARD SHALL PREPARE A REPORT 14,023
FOR EACH FISCAL BIENNIUM THAT EVALUATES THE EXPENDITURE OF MONEY 14,024
FROM THE CHILDREN'S TRUST FUND. ON OR BEFORE JANUARY 1, 2002, 14,025
AND ON OR BEFORE THE FIRST DAY OF JANUARY OF A YEAR THAT FOLLOWS 14,027
THE END OF A FISCAL BIENNIUM OF THIS STATE, THE BOARD SHALL FILE 14,028
A COPY OF THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND 14,029
MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND MINORITY 14,030
LEADER OF THE HOUSE OF REPRESENTATIVES.
(D) IN ADDITION TO THE DUTIES DESCRIBED IN THIS SECTION 14,032
AND IN SECTION 3109.16 OF THE REVISED CODE, THE CHILDREN'S TRUST 14,034
FUND BOARD SHALL PERFORM THE DUTIES DESCRIBED IN SECTION 121.371 14,035
OF THE REVISED CODE WITH REGARD TO THE WELLNESS BLOCK GRANT 14,036
PROGRAM. 14,037
Sec. 3109.18. (A) Each (1) A board of county 14,046
commissioners in the following counties shall establish a child 14,047
abuse and child neglect advisory board: Cuyahoga, Franklin, 14,048
Hamilton, Lucas, Montgomery, and Summit. The boards of county 14,051
commissioners of the remaining counties may establish a child 14,052
abuse and child neglect PREVENTION advisory board or the MAY 14,053
DESIGNATE THE COUNTY FAMILY AND CHILDREN FIRST COUNCIL TO SERVE 14,055
AS THE CHILD ABUSE AND CHILD NEGLECT PREVENTION ADVISORY BOARD. 14,056
THE boards of county commissioners of two or more contiguous 14,057
counties may INSTEAD form a multicounty district to be served by 14,058
a multicounty child abuse and child neglect PREVENTION advisory 14,059
board OR MAY DESIGNATE A REGIONAL FAMILY AND CHILDREN FIRST 14,060
COUNCIL TO SERVE AS THE DISTRICT CHILD ABUSE AND CHILD NEGLECT 14,061
PREVENTION ADVISORY BOARD. EACH ADVISORY BOARD SHALL MEET AT 14,062
LEAST TWICE A YEAR.
Each 14,064
(2) THE COUNTY AUDITOR IS HEREBY DESIGNATED AS THE AUDITOR 14,066
AND FISCAL OFFICER OF THE ADVISORY BOARD. IN THE CASE OF A 14,067
MULTICOUNTY DISTRICT, THE BOARDS OF COUNTY COMMISSIONERS THAT 14,068
FORMED THE DISTRICT SHALL DESIGNATE THE AUDITOR OF ONE OF THE 14,069
COUNTIES AS THE AUDITOR AND FISCAL OFFICER OF THE ADVISORY BOARD. 14,070
324
(B) EACH COUNTY THAT ESTABLISHES AN ADVISORY BOARD OR, IN 14,072
A MULTICOUNTY DISTRICT, THE COUNTY THE AUDITOR OF WHICH HAS BEEN 14,073
DESIGNATED AS THE AUDITOR AND FISCAL AGENT OF THE ADVISORY BOARD, 14,075
SHALL ESTABLISH A FUND IN THE COUNTY TREASURY KNOWN AS THE COUNTY 14,076
OR DISTRICT CHILDREN'S TRUST FUND. THE ADVISORY BOARD SHALL 14,077
DEPOSIT ALL FUNDS RECEIVED FROM THE CHILDREN'S TRUST FUND BOARD 14,078
INTO THAT FUND, AND THE AUDITOR SHALL DISTRIBUTE MONEY FROM THE 14,079
FUND AT THE REQUEST OF THE ADVISORY BOARD. 14,080
(C) EACH JANUARY, THE BOARD OF COUNTY COMMISSIONERS OF A 14,082
COUNTY THAT HAS ESTABLISHED AN ADVISORY BOARD OR, IN A 14,083
MULTICOUNTY DISTRICT, THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY THE AUDITOR OF WHICH HAS BEEN DESIGNATED AS THE AUDITOR 14,084
AND FISCAL AGENT FOR THE ADVISORY BOARD, SHALL APPROPRIATE THE 14,085
AMOUNT DESCRIBED IN DIVISION (B)(2) OF SECTION 3109.17 OF THE 14,086
REVISED CODE FOR DISTRIBUTION BY THE ADVISORY BOARD TO CHILD 14,088
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS. 14,089
(D)(1) EXCEPT IN THE CASE OF A COUNTY OR REGIONAL FAMILY 14,092
AND CHILDREN FIRST COUNCIL THAT IS DESIGNATED TO SERVE AS A child 14,094
abuse and child neglect PREVENTION advisory board, EACH ADVISORY 14,095
BOARD shall consist of an odd number of members who represent 14,097
FROM both THE public and private child serving agencies SECTORS, 14,099
and INCLUDING ALL OF THE FOLLOWING: 14,100
(a) A REPRESENTATIVE OF AN AGENCY RESPONSIBLE FOR THE 14,102
ADMINISTRATION OF CHILDREN'S SERVICES IN THE COUNTY OR DISTRICT; 14,103
(b) A PROVIDER OF ALCOHOL OR DRUG ADDICTION SERVICES OR A 14,105
REPRESENTATIVE OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 14,106
HEALTH SERVICES THAT SERVES THE COUNTY OR DISTRICT; 14,108
(c) A PROVIDER OF MENTAL HEALTH SERVICES OR A 14,110
REPRESENTATIVE OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 14,111
HEALTH SERVICES THAT SERVES THE COUNTY OR DISTRICT; 14,112
(d) A REPRESENTATIVE OF A BOARD OF MENTAL RETARDATION AND 14,114
DEVELOPMENTAL DISABILITIES THAT SERVES THE COUNTY OR DISTRICT; 14,115
(e) A REPRESENTATIVE OF THE EDUCATIONAL COMMUNITY 14,117
APPOINTED BY THE SUPERINTENDENT OF THE SCHOOL DISTRICT WITH 14,118
325
LARGEST ENROLLMENT IN THE COUNTY OR MULTICOUNTY DISTRICT. 14,119
(2) THE FOLLOWING GROUPS AND ENTITIES MAY BE REPRESENTED 14,121
ON THE ADVISORY BOARD: 14,122
(a) PARENT GROUPS; 14,124
(b) JUVENILE JUSTICE OFFICIALS; 14,126
(c) PEDIATRICIANS, HEALTH DEPARTMENT NURSES, AND OTHER 14,128
REPRESENTATIVES OF THE MEDICAL COMMUNITY; 14,129
(d) SCHOOL PERSONNEL; 14,131
(e) COUNSELORS; 14,133
(f) HEAD START AGENCIES; 14,135
(g) CHILD DAY-CARE PROVIDERS; 14,137
(h) OTHER persons with demonstrated knowledge in programs 14,141
for children, such as persons from the educational community, 14,142
parent groups, juvenile justice, and the medical community. 14,143
(3) Of the members first appointed, at least one shall 14,146
serve for a term of three years, at least one for a term of two 14,147
years, and at least one for a term of one year. Thereafter, each 14,148
member shall serve a term of three years. Each member shall
serve until his THE MEMBER'S successor is appointed. All 14,149
vacancies on the board shall be filled for the balance of the 14,151
unexpired term in the same manner as the original appointment. 14,152
Each board shall meet at least quarterly. 14,153
(E) Each board of county commissioners may incur 14,155
reasonable costs not to exceed three per cent of the funding 14,156
BLOCK GRANT allocated to the county or district under section 14,158
3109.17 of the Revised Code, for the purpose of carrying out the 14,159
functions of the advisory board. 14,160
(B) Annually, each (F) EACH child abuse and child neglect 14,163
PREVENTION advisory board shall DO ALL OF THE FOLLOWING:
(1) Give effective public notice to all DEVELOP A 14,165
COMPREHENSIVE ALLOCATION PLAN FOR THE PURPOSE OF PREVENTING CHILD 14,166
ABUSE AND CHILD NEGLECT AND SUBMIT THE PLAN TO THE CHILDREN'S 14,168
TRUST FUND BOARD;
(2) NOTIFY potential applicants about the availability of 14,171
326
funds from the children's trust fund. The notification shall 14,172
include an estimate of the amount of money available for grants 14,173
within each county or district, the date of at least one public 14,174
hearing, the deadline for submitting applications for grants, and 14,175
information on obtaining a copy of the application form; 14,176
(2)(3) Review all applications received using criteria 14,178
established by the children's trust fund board under section 14,179
3109.17 of the Revised Code and any criteria developed by the 14,180
child abuse and child neglect PREVENTION advisory board, and 14,181
develop an allocation plan for the county or district; 14,182
(3) Submit the allocation plan to the children's trust 14,184
fund board, with evidence of compliance with this section and 14,185
with section 3109.17 of the Revised Code; 14,186
(4) Upon notification by the children's trust fund board 14,188
that the allocation plan is in compliance with the criteria 14,189
established by the boards, monitor the operation of the 14,190
allocation plan; CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO 14,191
DIVISION (F)(1) OF THIS SECTION, MAKE GRANTS TO CHILD ABUSE AND 14,192
CHILD NEGLECT PREVENTION PROGRAMS. IN MAKING GRANTS TO CHILD 14,194
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS, THE ADVISORY BOARD 14,195
MAY CONSIDER FACTORS SUCH AS NEED, GEOGRAPHIC LOCATION, 14,196
DIVERSITY, COORDINATION WITH OR IMPROVEMENT OF EXISTING SERVICES, 14,197
MAINTENANCE OF LOCAL FUNDING EFFORTS, AND EXTENSIVE USE OF 14,198
VOLUNTEERS.
(5) Establish procedures for evaluating programs in the 14,200
county or district, including reporting requirements for grant 14,201
recipients. 14,202
Applicants from counties that are not served by a child 14,204
abuse and child neglect (G) EACH advisory board shall apply for 14,206
funding to ASSIST THE CHILDREN'S TRUST FUND BOARD IN MONITORING 14,208
PROGRAMS THAT RECEIVE MONEY FROM THE CHILDREN'S TRUST FUND AND 14,209
SHALL PERFORM SUCH OTHER DUTIES FOR THE LOCAL ADMINISTRATION OF 14,210
THE CHILDREN'S TRUST FUND AS the children's trust fund board 14,212
REQUIRES.
327
(C)(H) A recipient of a grant from the children's trust 14,214
fund shall use the grant funds only to fund child abuse and child 14,215
neglect prevention programs. A recipient of a grant may use the 14,216
grant funds only for the expansion of existing programs or the 14,217
creation of new programs. ANY 14,218
Any grant funds that are not spent by the counties or the 14,220
recipient of the funds within the time specified by the terms of 14,221
the grant shall be returned to the COUNTY TREASURER. ANY GRANT 14,223
FUNDS RETURNED THAT ARE NOT REDISTRIBUTED BY THE ADVISORY BOARD 14,224
WITHIN THE TIME SPECIFIED BY THE TERMS OF THE ORIGINAL GRANT 14,225
SHALL BE RETURNED TO THE treasurer of state. The treasurer of 14,227
state shall deposit such unspent moneys into the children's trust 14,228
fund to be spent for purposes consistent with the state plan 14,229
adopted under section 3109.17 of the Revised Code.
(D)(I) Applications for grants from the children's trust 14,231
fund shall be MADE TO THE ADVISORY BOARD on forms prescribed by 14,232
the department of human services and, after any review required 14,234
by division (B) of this section, shall be submitted to the 14,235
children's trust fund board by the date required in the schedule 14,236
established by rules adopted by the board. Each application 14,237
shall include at least the following:
(1) Information showing that the applicant meets the 14,239
eligibility requirements of section 3109.17 of the Revised Code; 14,240
(2) If the applicant is a corporation, a list of the 14,242
trustees of the corporation; 14,243
(3) A specification of the amount of money requested; 14,245
(4) A summary of the program that the applicant intends to 14,247
provide with funds from the grant; 14,248
(5) Any other information required by rules adopted by the 14,250
children's trust fund board. 14,251
(J)(1) Each recipient of a CHILDREN'S TRUST FUND grant 14,253
from the children's trust fund AN ADVISORY BOARD shall file two 14,255
copies WITH THE ADVISORY BOARD A COPY of an annual report with 14,256
the county or district THAT INCLUDES THE INFORMATION REQUIRED BY 14,257
328
THE advisory board. If no such 14,258
(2) EACH ADVISORY board serves the recipient's county of 14,261
residence, the recipient shall file two copies of an annual 14,262
report with the children's trust fund board. The A COPY OF AN 14,263
annual report shall describe the program provided by the 14,264
recipient, indicate the manner in which the grant funds were 14,265
expended, include the results of an independent audit of the 14,266
funds, and include other REGARDING THE COUNTY OR DISTRICT 14,267
COMPREHENSIVE ALLOCATION PLAN THAT CONTAINS THE information that 14,269
REQUIRED BY the granting CHILDREN'S TRUST FUND board or the 14,270
department may require. If a public agency is a recipient of a 14,271
grant, the results of the most recent audit of the funds 14,272
conducted under Chapter 117. of the Revised Code shall be 14,273
considered to be the results of the independent audit of the 14,274
funds that must be included in the annual report. The granting 14,275
boards shall annually file one copy of each annual report with 14,276
the department, which shall compile the reports received pursuant 14,277
to this section. 14,278
Sec. 3301.68. There is hereby created the legislative 14,287
committee on education oversight AS A SUBCOMMITTEE OF THE 14,288
LEGISLATIVE SERVICE COMMISSION. The committee shall consist of 14,289
five members of the house of representatives appointed by the 14,290
speaker of the house of representatives and five members of the 14,291
senate appointed by the president of the senate. Not more than 14,292
three of the members appointed from each house shall be members 14,293
of the same political party. Members shall serve during the term 14,294
of office to which they were elected. 14,295
The committee, SUBJECT TO THE OVERSIGHT AND DIRECTION OF 14,297
THE LEGISLATIVE SERVICE COMMISSION, shall direct the work of the 14,298
legislative office of education oversight, which is hereby 14,300
established. The committee may employ a staff director and such 14,301
other staff as are necessary for the operation of the office, who 14,302
shall be in the unclassified service of the state, and may 14,303
contract for the services of whatever technical advisors are 14,304
329
necessary for the committee and the office to carry out their 14,305
duties.
The chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON 14,308
of the legislative service commission shall fix the compensation 14,309
of the director. The director, with the approval of the director 14,310
of the legislative service commission, shall fix the compensation 14,311
of other staff of the office in accordance with a salary schedule 14,312
established by the director of the legislative service 14,313
commission. Contracts for the services of necessary technical 14,314
advisors shall be approved by the director of the legislative 14,315
service commission.
All expenses incurred by the committee or office shall be 14,317
paid upon vouchers approved by the chairman CHAIRPERSON of the 14,318
committee. The committee shall adopt rules for the conduct of 14,319
its business and the election of officers, except that the 14,320
chairmanship OFFICE OF CHAIRPERSON of the committee shall 14,321
alternate each general assembly between a member of the house of 14,322
representatives selected by the speaker and a member of the 14,323
senate selected by the president.
The committee shall select, for the office to review and 14,325
evaluate, education and school-related programs that receive 14,326
state financial assistance in any form. The reviews and 14,327
evaluations may include any of the following: 14,328
(A) Assessment of the uses school districts and 14,330
institutions of higher education make of state money they receive 14,331
and determination of the extent to which such money improves 14,332
school district or institutional performance in the areas for 14,333
which the money was intended to be used; 14,334
(B) Determination of whether an education program meets 14,336
its intended goals, has adequate operating or administrative 14,337
procedures and fiscal controls, encompasses only authorized 14,338
activities, has any undesirable or unintended effects, and is 14,339
efficiently managed; 14,340
(C) Examination of various pilot programs developed and 14,342
330
initiated in school districts and at state-assisted colleges and 14,343
universities to determine whether such programs suggest 14,344
innovative, effective ways to deal with problems that may exist 14,345
in other school districts or state-assisted colleges or 14,346
universities, and to assess the fiscal costs and likely impact of 14,347
adopting such programs throughout the state or in other 14,348
state-assisted colleges and universities. 14,349
The committee shall report the results of each program 14,351
review the office conducts to the general assembly. 14,352
Sec. 3701.261 3335.60. (A) The director of health ARTHUR 14,362
G. JAMES CANCER HOSPITAL AND RESEARCH INSTITUTE OF THE OHIO STATE 14,363
UNIVERSITY shall:
(1) Establish a population-based cancer registry, which 14,365
shall be known as the Ohio cancer incidence surveillance system, 14,367
to monitor the incidence of various types of malignant diseases 14,368
in Ohio, make appropriate epidemiologic studies to determine any 14,369
causal relations of such diseases with occupational, nutritional, 14,370
environmental, or infectious conditions, and alleviate or 14,371
eliminate any such conditions; 14,372
(2) Advise, consult, cooperate with, and assist, by 14,374
contract or otherwise, agencies of the state and federal 14,376
government, agencies of the governments of other states, agencies 14,377
of political subdivisions of this state, universities, private 14,378
organizations, corporations, and associations for the purposes of
division (A)(1) of this section; 14,379
(3) Accept and administer grants from the federal 14,381
government or other sources, public or private, for carrying out 14,383
any of the functions enumerated in divisions (A)(1) and (2) of 14,384
this section.
(B) The Ohio cancer incidence surveillance system shall 14,386
follow a model of cancer data collection as set forth by the 14,387
survey epidemiology and end results system (SEERS). 14,388
Sec. 3701.262 3335.61. (A) As used in this section and 14,397
section 3701.263 of the Revised Code: 14,399
331
(1) "Physician" means a person who holds a valid 14,401
certificate issued under Chapter 4731. of the Revised Code 14,402
authorizing him THE PERSON to practice medicine or surgery or 14,403
osteopathic medicine and surgery. 14,404
(2) "Dentist" means a person who is licensed under section 14,406
4715.12 or 4715.15 of the Revised Code to practice dentistry. 14,407
(3) "Hospital" has the same meaning as in section 3727.01 14,409
of the Revised Code. 14,410
(4) "Cancer" includes those diseases specified by rule of 14,412
the director of health under division (B)(2) of this section. 14,413
(B) The director of health ARTHUR G. JAMES CANCER HOSPITAL 14,416
AND RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall adopt 14,417
rules in accordance with Chapter 119. of the Revised Code to do 14,418
all of the following:
(1) Establish the Ohio cancer incidence surveillance 14,420
system required by section 3701.261 3335.60 of the Revised Code; 14,422
(2) Specify the types of cancer and other tumorous and 14,424
precancerous diseases to be reported to the department of health 14,425
under division (D) of this section; 14,426
(3) Establish reporting requirements for information 14,428
concerning diagnosed cancer cases as he THE CANCER HOSPITAL 14,429
considers necessary to conduct epidemiologic surveys of cancer in 14,431
this state;
(4) Establish standards that must be met by research 14,433
projects to be eligible to receive information from the 14,434
department of health under division (B) of section 3701.263 14,435
3335.62 of the Revised Code. 14,437
(C) The department of health CANCER HOSPITAL shall record 14,439
in the registry all reports of cancer received by it. In the 14,441
development and administration of the cancer registry, the 14,442
department CANCER HOSPITAL may use information compiled by public 14,444
or private cancer registries and may contract for the collection 14,445
and analysis of, and research related to, the information 14,446
recorded under this section.
332
(D) Each physician, dentist, hospital, or person providing 14,448
diagnostic or treatment services to patients with cancer shall 14,449
report each case of cancer to the department CANCER HOSPITAL. 14,450
Any person required to report pursuant to this section may elect 14,452
to report to the department CANCER HOSPITAL through an existing 14,453
cancer registry if the registry meets the reporting standards 14,455
established by the director and reports to the department CANCER 14,456
HOSPITAL.
(E) All physicians, dentists, hospitals, or persons 14,458
providing diagnostic or treatment services to patients with 14,459
cancer shall grant to the deparment CANCER HOSPITAL or its 14,460
authorized representative access to all records that identify 14,462
cases of cancer or establish characteristics of cancer, the 14,463
treatment of cancer, or the medical status of any identified 14,464
cancer patient.
(F) Within one year after the effective date of this 14,466
section, the department THE CANCER HOSPITAL shall evaluate the 14,468
cancer reports collected pursuant to this section. The
department CANCER HOSPITAL shall publish and make available to 14,469
the public reports summarizing the information collected. The 14,471
first summary report shall be published not later than ninety 14,472
days after the end of the first full calendar year ending after 14,473
the effective date of this section AMENDMENT. Subsequent annual 14,475
summary reports shall be made on a calendar year basis and 14,477
published not later than ninety days after the end of each 14,478
calendar year.
(G) Furnishing information, including records, reports, 14,480
statements, notes, memoranda, or other information, to the 14,481
department of health CANCER HOSPITAL, either voluntarily or as 14,482
required by this section, or to a person or governmental entity 14,484
designated as a medical research project by the department CANCER 14,485
HOSPITAL, does not subject a physician, dentist, hospital, or 14,487
person providing diagnostic or treatment services to patients 14,488
with cancer to liability in an action for damages or other relief 14,489
333
for furnishing the information. 14,490
(H) This section does not affect the authority of any 14,492
person or facility providing diagnostic or treatment services to 14,493
patients with cancer to maintain facility-based tumor registries, 14,494
in addition to complying with the reporting requirements of this 14,495
section. 14,496
(I) No person shall fail to make the cancer reports 14,498
required by division (D) of this section. 14,499
Sec. 3701.263 3335.62. (A) Any information, data, and 14,508
reports with respect to a case of malignant disease which are 14,510
furnished to, or procured by, any cancer registry in this state 14,511
or the department of health ARTHUR G. JAMES CANCER HOSPITAL AND 14,513
RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall be 14,514
confidential and shall be used only for statistical, scientific, 14,515
and medical research for the purpose of reducing the morbidity or 14,516
mortality of malignant disease. No physician, dentist, person, 14,517
or hospital furnishing such information, data, or report to any 14,518
such cancer registry or the department of health CANCER HOSPITAL, 14,519
with respect to a case of malignant disease treated or examined 14,521
by such physician, dentist, or person, or confined in such 14,522
hospital, shall by reason of such furnishing be deemed to have 14,523
violated any confidential relationship, or be held liable in 14,524
damages to any person, or be held to answer for willful betrayal 14,525
of a professional confidence within the meaning and intent of 14,526
section 4731.22 of the Revised Code.
(B) The department of health CANCER HOSPITAL shall 14,528
prescribe a release of confidential information form for use 14,530
under this division.
Information concerning individual cancer patients obtained 14,532
by the department of health CANCER HOSPITAL for the Ohio cancer 14,533
incidence surveillance system is for the confidential use of the 14,535
department SURVEILLANCE SYSTEM only, except as follows: 14,537
(1) The department CANCER HOSPITAL shall grant to a person 14,539
involved in a medical research project that meets the standards 14,541
334
established by the director of health CANCER HOSPITAL under 14,542
section 3701.262 3335.61 of the Revised Code access to 14,544
confidential information concerning individual cancer patients if 14,545
all of the following conditions are met:
(a) The person conducting the research provides written 14,547
information about the purpose of the research project, the nature 14,548
of the data to be collected and how the researcher intends to 14,549
analyze it, the records the researcher seeks to review, and the 14,550
safeguards the researcher will take to protect the identity of 14,551
patients whose records the researcher will be reviewing. 14,552
(b) In the view of the director of health CANCER HOSPITAL, 14,554
the proposed safeguards are adequate to protect the identity of 14,556
each patient whose records will be reviewed. 14,557
(c) An agreement is executed between the department CANCER 14,559
HOSPITAL and the researcher that specifies the terms of the 14,561
researcher's use of the records and prohibits the publication or 14,562
release of the names of individual cancer patients or any facts 14,563
tending to lead to the identification of individual cancer 14,564
patients.
(2) Notwithstanding division (B)(1) of this section, a 14,566
researcher may, with the approval of the department CANCER 14,567
HOSPITAL, use the names of individual cancer patients when 14,569
requesting additional information for research purposes or 14,570
soliciting a patient's participation in a research project. If a 14,571
researcher requests additional information or a cancer patient's 14,572
participation in a research project, the researcher shall first 14,573
obtain the oral or written consent of the patient's attending 14,574
physician. If the consent of the patient's attending physician 14,575
is obtained, the researcher shall obtain the patient's written 14,576
consent by having the patient complete a release of confidential 14,577
information form.
(3) The department CANCER HOSPITAL may release 14,579
confidential information concerning individual cancer patients to 14,581
physicians for diagnostic and treatment purposes if the patient's 14,582
335
attending physician gives oral or written consent to the release 14,583
of the information and the patient gives written consent by 14,584
completing a release of confidential information form. 14,585
(4) The department CANCER HOSPITAL may release 14,587
confidential information concerning individual cancer patients to 14,589
the cancer registry of another state, if the other state has 14,590
entered into a reciprocal agreement with the department CANCER 14,591
HOSPITAL and the agreement provides that the state will comply 14,593
with this section and that information identifying a patient will 14,594
not be released to any person without the written consent of the 14,595
patient.
(C) Nothing in this section prevents the release to any 14,597
person of epidemiological information that does not identify 14,598
individual cancer patients. 14,599
(D) No person shall fail to comply with the 14,601
confidentiality requirements of this section. 14,602
Sec. 3335.99. WHOEVER VIOLATES DIVISION (I) OF SECTION 14,604
3335.61 OR DIVISION (D) OF SECTION 3335.62 OF THE REVISED CODE IS 14,605
GUILTY OF A MINOR MISDEMEANOR ON A FIRST OFFENSE. ON EACH 14,606
SUBSEQUENT OFFENSE, THE PERSON IS GUILTY OF A MISDEMEANOR OF THE 14,607
FOURTH DEGREE.
Sec. 3353.06. (A) THE AFFILIATES SERVICES FUND IS HEREBY 14,609
CREATED IN THE STATE TREASURY. THE OHIO EDUCATIONAL 14,610
TELECOMMUNICATIONS NETWORK COMMISSION SHALL DEPOSIT ANY MONEY IT 14,611
RECEIVES TO THE CREDIT OF THE FUND, INCLUDING: 14,612
(1) REIMBURSEMENTS FOR SERVICES PROVIDED TO STATIONS; 14,614
(2) CHARGES LEVIED FOR MAINTENANCE OF TELECOMMUNICATIONS, 14,616
BROADCASTING, OR TRANSMISSION EQUIPMENT; 14,617
(3) CONTRACT OR GRANT PAYMENTS. 14,619
(B) THE COMMISSION SHALL USE MONEY CREDITED TO THE 14,621
AFFILIATES SERVICES FUND FOR ANY COMMISSION OPERATING PURPOSES, 14,622
INCLUDING:
(1) THE PURCHASE, REPAIR, OR MAINTENANCE OF 14,624
TELECOMMUNICATIONS, BROADCASTING, OR TRANSMISSION EQUIPMENT; 14,625
336
(2) THE PURCHASE OR LEASE OF EDUCATIONAL PROGRAMMING; 14,627
(3) THE PURCHASE OF TAPE AND MAINTENANCE OF A MEDIA 14,629
LIBRARY;
(4) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES; 14,631
(5) ADMINISTRATIVE EXPENSES AND LEGAL FEES. 14,633
Sec. 3353.07. THE OHIO EDUCATIONAL TELECOMMUNICATIONS 14,635
NETWORK COMMISSION SHALL NOT CHARGE OR COLLECT BROADCASTING FEES 14,636
FROM OHIO GOVERNMENT TELECOMMUNICATIONS OF THE CAPITOL SQUARE 14,637
REVIEW AND ADVISORY BOARD. 14,638
Sec. 3375.90. Public libraries in two or more counties, or 14,647
four or more libraries, including two or more types, within a 14,649
metropolitan area, as defined by the state library board, may 14,650
form a regional library system by agreement in the manner set 14,652
forth in this section.
(A) The libraries authorized to form a regional library 14,655
system may include any of the following types of libraries: 14,657
academic, public, special, and school, including cooperative 14,658
ventures established by two or more school districts. For the 14,659
purposes of this section, such THOSE libraries may be serving the 14,660
general public, public or private schools, colleges or 14,661
universities, or a profession, occupation, or business. 14,662
An agreement for the formation of a regional library system 14,665
shall first be approved by the governing bodies of the 14,666
participating libraries. For the purposes of this section, the 14,667
"governing body of a library" means the board of trustees of a 14,669
public library, or the board of education of a public school or 14,670
school system if the library is a public school library, or 14,671
otherwise the board of trustees or directors or other recognized 14,672
governing board or committee of any private school, college, 14,673
university, association, or union, public or private, which 14,675
provides, controls, or maintains a library which THAT is intended 14,677
to be a participating library.
(B) Except as otherwise provided in division (D) of this 14,680
section, the agreement and an application for the formation of
337
the regional library system shall be submitted to the state 14,682
library board in the form and in accordance with rules prescribed 14,683
by the state library board, with a plan of service describing the 14,684
specific purposes for which the system is formed and the means by 14,685
which such THOSE purposes are to be accomplished.
(C) Upon approval of the application by the state library 14,687
board and the making by that board or some other authority or 14,688
authorities of a grant or grants for the system, the regional 14,689
library system shall become operable. The state library board 14,690
shall approve no more than eleven SEVEN regional library systems. 14,691
A regional library system shall be governed by a board of 14,694
trustees consisting of at least seven and no more than fifteen 14,695
persons, to be selected from among the representatives of the 14,696
participating libraries, duly appointed as such representatives 14,697
by the governing bodies of the participating libraries. 14,698
The number of trustees, the manner of selection, the terms 14,700
of office, and the provisions for filling vacancies shall be 14,702
determined by the agreement between the governing bodies of the 14,703
participating libraries, and shall be set forth in the 14,705
application submitted to the state library board. Nothing
pertaining to the organization and operation of a regional 14,706
library system shall be construed to infringe upon the autonomy 14,708
of any participating library or of the governing body of any 14,709
library.
(D) No area library service organization or metropolitan 14,711
library system in existence on the effective date of this 14,712
amendment MARCH 30, 1999, shall be required to submit a new 14,714
agreement and application to the state library board in order to 14,715
continue operation as a regional library system on and after that
date. Any agreement that applied under this section immediately 14,716
prior to the effective date of this amendment MARCH 30, 1999, to 14,718
an area library service organization or metropolitan library 14,719
system that continues operation as a regional library system 14,720
under this division shall continue to govern the applicable
338
regional library system to the extent authorized by sections 14,721
3375.90 to 3375.93 of the Revised Code. 14,722
Sec. 3383.08. There is hereby created in the state 14,731
treasury the capital donations fund, which shall be administered 14,732
by the Ohio arts and sports facilities commission. The fund 14,733
shall consist of gifts, grants, devises, bequests, and other 14,734
financial contributions made to the commission for the
construction or improvement of arts and sports facilities and 14,735
shall be used in accordance with the specific purposes for which 14,737
the gifts, grants, devises, bequests, or other financial 14,738
contributions are made. All investment earnings of the fund 14,739
shall be credited to the fund. Chapters 123., 125., 127., and 14,740
153. and section 3517.13 of the Revised Code do not apply to 14,741
contracts paid from the fund, notwithstanding anything to the 14,742
contrary in those chapters or that section. 14,743
Not later than the tenth day of each ONE month FOLLOWING 14,745
THE END OF EACH QUARTER OF THE FISCAL YEAR, the commission shall 14,746
allocate the amounts credited to the fund FROM INVESTMENT 14,747
EARNINGS during the THAT preceding month QUARTER OF THE FISCAL 14,748
YEAR among the specific projects for which they are to be used 14,750
and shall certify this information to the director of budget and 14,752
management. Investment earnings of the fund shall be allocated 14,754
in the same manner as the gifts, grants, devises, bequests, and
other financial contributions to which they are attributable. 14,756
If the amounts credited to the fund for a particular 14,759
project exceed what is required to complete that project, the
commission may refund any such OF THOSE excess amounts, including 14,761
unexpended investment earnings attributable to those amounts, to 14,763
the entity from which they were received. 14,764
Sec. 3501.18. (A) The board of elections may divide a 14,773
political subdivision, within its jurisdiction, into precincts 14,774
and establish, define, divide, rearrange, and combine the several 14,775
election precincts within its jurisdiction and change the 14,776
location of the polling place for each precinct when it is 14,777
339
necessary to maintain the requirements as to the number of voters 14,778
in a precinct and to provide for the convenience of the voters 14,779
and the proper conduct of elections, provided that no change in 14,780
the number of precincts or in the PRECINCT boundaries thereof 14,782
shall be made during the twenty-five days immediately preceding a 14,783
primary or general election nor between the first day of January 14,784
and the day on which the members of county central committees are 14,785
elected in the years in which such THOSE committees are elected. 14,786
Each EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS 14,787
SECTION, EACH precinct shall contain a number of electors, not to 14,789
exceed one thousand, that the board of elections determines to be 14,790
a reasonable number after taking into consideration the type and 14,791
amount of available equipment, prior voter turnout, the size and 14,792
location of each selected polling place, available parking,
availability of an adequate number of poll workers, and handicap 14,793
accessibility and other accessibility to the polling place. 14,794
If the board changes the boundaries of a precinct after the 14,796
filing of a local option election petition pursuant to sections 14,797
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that 14,799
calls for a local option election to be held in that precinct, 14,800
the local option election shall be held in the area that
constituted the precinct at the time the local option petition 14,801
was filed, regardless of the change in the boundaries. 14,802
IF THE BOARD CHANGES THE BOUNDARIES OF A PRECINCT IN ORDER 14,804
TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS SECTION IN A 14,805
MANNER THAT CAUSES A MEMBER OF A COUNTY CENTRAL COMMITTEE TO NO 14,806
LONGER QUALIFY AS A REPRESENTATIVE OF AN ELECTION PRECINCT IN THE 14,807
COUNTY, OF A WARD OF A CITY IN THE COUNTY, OR OF A TOWNSHIP IN 14,808
THE COUNTY, THE MEMBER SHALL CONTINUE TO REPRESENT THE PRECINCT, 14,809
WARD, OR TOWNSHIP FOR THE REMAINDER OF THE MEMBER'S TERM, 14,810
REGARDLESS OF THE CHANGE IN BOUNDARIES.
In an emergency, the board may provide more than one 14,812
polling place in a precinct. In order to provide for the 14,813
convenience of the voters, the board may locate polling places 14,814
340
for voting or registration outside the boundaries of precincts, 14,815
provided that the nearest public school or public building shall 14,816
be used if the board determines it to be available and suitable 14,817
for use as a polling place. Except in an emergency, no change in 14,818
the number or location of the polling places in a precinct shall 14,819
be made during the twenty-five days immediately preceding a 14,820
primary or general election. 14,821
Electors who have failed to respond within thirty days to 14,824
any confirmation notice shall not be counted in determining the 14,826
size of any precinct under this section.
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OR 14,829
(3) OF THIS SECTION, NOT LATER THAN AUGUST 1, 2000, THE BOARD OF
ELECTIONS SHALL DETERMINE ALL PRECINCT BOUNDARIES USING 14,831
GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 14,832
COMMERCE, BUREAU OF THE CENSUS, IN REPORTING THE DECENNIAL CENSUS 14,833
OF OHIO.
(2) WHEN ANY PART OF THE BOUNDARY OF A PRECINCT ALSO FORMS 14,835
A PART OF THE BOUNDARY OF A LEGISLATIVE DISTRICT AND THE PRECINCT 14,836
BOUNDARY CANNOT BE DETERMINED BY AUGUST 1, 2000, USING THE 14,837
GEOGRAPHICAL UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION 14,838
WITHOUT MAKING THAT PART OF THE PRECINCT BOUNDARY THAT ALSO FORMS 14,839
PART OF THE LEGISLATIVE DISTRICT BOUNDARY DIFFERENT FROM THAT 14,840
LEGISLATIVE DISTRICT BOUNDARY, THE BOARD OF ELECTIONS MAY 14,841
DETERMINE THE BOUNDARY OF THAT PRECINCT USING THE GEOGRAPHICAL 14,842
UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION NOT LATER THAN 14,843
APRIL 1, 2002. AS USED IN THIS DIVISION, "LEGISLATIVE DISTRICT" 14,844
MEANS A DISTRICT DETERMINED UNDER ARTICLE XI OF THE OHIO 14,846
CONSTITUTION.
(3) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 14,848
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (B)(1) OF 14,850
THIS SECTION WHEN IT IS NOT FEASIBLE TO COMPLY WITH THAT 14,851
REQUIREMENT BECAUSE OF UNUSUAL PHYSICAL BOUNDARIES OR RESIDENTIAL 14,853
DEVELOPMENT PRACTICES THAT WOULD CAUSE UNUSUAL HARDSHIP FOR
VOTERS. THE BOARD SHALL IDENTIFY THE AFFECTED PRECINCTS AND 14,855
341
CENSUS UNITS, EXPLAIN THE REASON FOR THE WAIVER REQUEST, AND
INCLUDE A MAP ILLUSTRATING WHERE THE CENSUS UNITS WILL BE SPLIT 14,856
BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY OF STATE 14,857
APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF ELECTIONS IN 14,858
WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS NECESSARY 14,859
UNDER THIS SECTION, NOTWITHSTANDING THE REQUIREMENT IN DIVISION 14,860
(B)(1) OF THIS SECTION.
(C) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 14,862
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (A) OF THIS 14,864
SECTION REGARDING THE NUMBER OF ELECTORS IN A PRECINCT WHEN THE 14,865
USE OF GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 14,866
COMMERCE, BUREAU OF THE CENSUS, WILL CAUSE A PRECINCT TO CONTAIN 14,867
MORE THAN ONE THOUSAND ELECTORS. THE BOARD SHALL IDENTIFY THE 14,868
AFFECTED PRECINCTS AND CENSUS UNITS, EXPLAIN THE REASON FOR THE 14,869
WAIVER REQUEST, AND INCLUDE A MAP ILLUSTRATING WHERE CENSUS UNITS 14,870
WILL BE SPLIT BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY 14,871
OF STATE APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF
ELECTIONS IN WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS 14,872
NECESSARY TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS 14,873
SECTION.
Sec. 3501.21. When the board of elections considers it 14,883
necessary to change, divide, or combine any precinct, or to 14,884
relocate a polling place, it shall NOTIFY, prior to the next 14,885
election, notify each of the registrants in the precinct of such 14,886
THE change by mail. ON AND AFTER AUGUST 1, 2000, WHEN THE BOARD 14,887
CHANGES THE BOUNDARIES OF ANY PRECINCT, IT SHALL NOTIFY THE 14,889
SECRETARY OF STATE OF THE CHANGE NOT LATER THAN FORTY-FIVE DAYS 14,890
AFTER MAKING THE CHANGE.
Sec. 3517.152. (A)(1) There is hereby created the Ohio 14,900
elections commission consisting of seven members.
Not later than forty-five days after the effective date of 14,902
this section AUGUST 24, 1995, the speaker of the house of 14,905
representatives and the leader in the senate of the political 14,906
party of which the speaker is a member shall jointly submit to
342
the governor a list of five persons who are affiliated with that 14,907
political party. Not later than forty-five days after the 14,908
effective date of this section AUGUST 24, 1995, the two 14,910
legislative leaders in the two houses of the general assembly of
the major political party of which the speaker is not a member 14,911
shall jointly submit to the governor a list of five persons who 14,912
are affiliated with the major political party of which the 14,914
speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons 14,915
from each list to the commission. The governor shall appoint one 14,917
person from each list to a term that ends on December 31, 1996, 14,919
one person from each list to a term that ends on December 31, 14,920
1997, and one person from each list to a term that ends on 14,921
December 31, 1998.
Not later than thirty days after the governor appoints 14,923
these six members, they shall, by a majority vote, appoint to the 14,925
commission a seventh member, who shall not be affiliated with a 14,926
political party. If the six members fail to appoint the seventh 14,927
member within this thirty-day period, the chief justice of the 14,928
supreme court, not later than thirty days after the end of the
period during which the six members were required to appoint a 14,929
member, shall appoint the seventh member, who shall not be 14,930
affiliated with a political party. The seventh member shall be 14,931
appointed to a term that ends on December 31, 2001. Terms of the 14,932
initial members appointed under division (A)(1) of this section 14,933
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 14,935
member, who is not affiliated with a political party, the six 14,936
remaining members by a majority vote shall appoint, not later 14,937
than fifteen days after the date of the vacancy, the seventh 14,938
member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh 14,939
member within this fifteen-day period, the chief justice of the 14,940
supreme court, within fifteen days after the end of this period, 14,941
343
shall appoint the seventh member, who shall not be affiliated 14,942
with a political party. If a vacancy occurs in any of the other 14,943
six positions on the commission, the legislative leaders of the 14,944
political party from whose list of persons the member being
replaced was appointed shall submit to the governor, not later 14,945
than thirty days after the date of the vacancy, a list of three 14,946
persons who are affiliated with that political party. Not later 14,947
than fifteen days after receiving the list, the governor, WITH 14,948
THE ADVICE AND CONSENT OF THE SENATE, shall appoint one person 14,949
from the list to the commission.
(3) At no time shall more than six members of the 14,951
commission be affiliated with a political party and, of these six 14,952
members, not more than three shall be affiliated with the same 14,953
political party. 14,954
(4) In making appointments to the commission, the governor 14,957
shall take into consideration the various geographic areas of 14,958
this state and shall appoint members so that those areas are 14,959
represented on the commission in a balanced manner, to the extent 14,960
feasible.
(5) Members of the commission shall be registered electors 14,963
and shall be of good moral character. 14,964
(B) Each member of the commission shall hold office from 14,967
the date of the member's appointment until the end of the term 14,968
for which the member was appointed. A member appointed to fill a 14,969
vacancy occurring prior to the expiration of the term for which 14,970
the member's predecessor was appointed shall hold office for the 14,971
remainder of that term. A member shall continue in office 14,972
subsequent to the expiration date of the member's term until the 14,973
member's successor takes office or until a period of sixty days 14,975
has elapsed, whichever occurs first. After the initial terms of 14,976
office provided for in division (A)(1) of this section, terms of 14,977
office shall be for five years. 14,978
(C) A vacancy in the Ohio elections commission may be 14,981
caused by death, resignation, or three absences from commission 14,982
344
meetings in a calendar year if those absences are caused by 14,983
reasons declared invalid by a vote of five members of the 14,984
remaining members of the commission.
(D) Each member of the commission while in the performance 14,987
of the business of the commission shall be entitled to receive 14,988
compensation at the rate of twenty-five thousand dollars per 14,989
year. Members shall be reimbursed for expenses actually and 14,990
necessarily incurred in the performance of their duties. 14,991
(E) No member of the commission shall serve more than one 14,994
full term unless the terms served are served nonconsecutively. 14,995
(F)(1) No member of the commission shall do or be any of 14,998
the following:
(a) Hold, or be a candidate for, a public office; 15,001
(b) Serve on a committee supporting or opposing a 15,004
candidate or ballot question or issue;
(c) Be an officer of the state central committee, A COUNTY 15,007
CENTRAL COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, or OTHER 15,008
COMMITTEE OF A POLITICAL PARTY OR AN OFFICER of the executive 15,009
committee of the state central committee, A COUNTY CENTRAL 15,010
COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, OR OTHER COMMITTEE of a 15,011
political party;
(d) Be a legislative agent as defined in section 101.70 of 15,014
the Revised Code or an executive agency lobbyist as defined in 15,015
section 121.60 of the Revised Code; 15,016
(e) Solicit or be involved in soliciting contributions on 15,019
behalf of a candidate, campaign committee, political party, 15,020
political action committee, or political contributing entity; 15,021
(f) Be in the unclassified service under section 124.11 of 15,024
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 15,027
to (15) of section 4117.01 of the Revised Code. 15,028
(2) No member or employee of the commission shall make a 15,031
contribution to, or for the benefit of, a campaign committee or 15,032
committee in support of or opposition to a ballot question or 15,033
345
issue, a political party, a legislative campaign fund, a 15,034
political action committee, or a political contributing entity. 15,035
(G)(1) The members of the commission shall elect a 15,037
chairperson and a vice-chairperson. At no time shall the 15,039
chairperson and vice-chairperson be affiliated with the same 15,041
political party. The chairperson shall serve in that capacity 15,042
for one year and shall not serve as chairperson more than twice 15,044
during a term as a member of the commission. No two successive 15,045
chairpersons shall be affiliated with the same political party. 15,046
(2) The commission shall meet at the call of the 15,048
chairperson or upon the written request of a majority of the 15,049
members. The meetings and hearings of the commission or a panel 15,050
of the commission under sections 3517.153 to 3517.157 of the 15,051
Revised Code are subject to section 121.22 of the Revised Code. 15,052
(3) The commission shall adopt rules for its procedures in 15,055
accordance with Chapter 119. of the Revised Code. Five of the 15,056
seven members constitute a quorum. Except as otherwise provided 15,057
in this section and in sections 3517.154 to 3517.157 of the 15,058
Revised Code, no action shall be taken without the concurrence of 15,059
a majority of the members. 15,060
(H)(1) The commission shall employ the technical, 15,063
professional, and clerical employees that are necessary for it to 15,064
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 15,067
the commission shall employ a full-time attorney, and, as needed, 15,069
one or more investigatory attorneys to conduct investigations for 15,071
the commission or a panel of the commission. The commission may 15,072
employ or contract for the services of additional attorneys, as 15,073
needed. The full-time attorney shall do all of the following: 15,074
(i) Serve as the commission's attorney in regard to all 15,077
legal matters, including representing the commission at appeals 15,078
from a final determination of the commission, except that the 15,079
full-time attorney shall not perform the duties that an 15,080
investigatory attorney is required or requested to perform or 15,081
346
that another attorney the commission employs or contracts with 15,082
for services is required or requested to perform, and shall not 15,083
represent the commission in any legal proceeding in which the 15,084
commission is a named party;
(ii) At the request of the commission or a panel of the 15,087
commission, be present at a hearing held under sections 3517.154 15,088
to 3517.156 of the Revised Code to rule on the admissibility of 15,089
evidence and to advise on the conduct of procedure; 15,090
(iii) Perform other duties as required by rule of the 15,093
commission.
(b) An attorney employed by or under contract with the 15,096
commission shall be licensed to practice law in this state. 15,097
(3)(a) Except as otherwise provided in division (H)(3)(b) 15,100
of this section, at least five members of the commission shall 15,101
agree on the employment of a person, a majority of the members 15,102
shall agree on the discharge of an employee, and a person 15,103
employed by the commission shall serve at the pleasure of the 15,104
commission.
(b) At least five of the seven members shall agree on the 15,106
discharge of an investigatory attorney. 15,108
Sec. 3701.04. (A) The director of health shall: 15,117
(1) Require such reports and make such inspections and 15,119
investigations as the director considers necessary; 15,120
(2) Provide such methods of administration, appoint such 15,122
personnel, make such reports, and take such other action as may 15,123
be necessary to comply with the requirements of the federal act 15,124
and the regulations thereunder; 15,125
(3) Procure by contract the temporary or intermittent 15,127
services of experts or consultants or organizations thereof when 15,128
such services are to be performed on a part-time or 15,129
fee-for-service basis and do not involve the performance of 15,130
administrative duties; 15,131
(4) Enter into agreements for the utilization of the 15,133
facilities and services of other departments, agencies, and 15,134
347
institutions, public or private; 15,135
(5) Accept on behalf of the state, and deposit in the 15,137
state treasury to the credit of the general operations fund 15,138
created in section 3701.83 of the Revised Code, any grant, gift, 15,139
or contribution made to assist in meeting the cost of carrying 15,140
out the director's responsibilities and expend the grant, gift, 15,141
or contribution for such purpose. Fees collected by the director 15,142
in connection with meetings and conferences shall also be 15,143
credited to the fund and expended for the purposes for which 15,144
paid.
(6) Make an annual report to the governor on activities 15,146
and expenditures, including recommendations for such additional 15,147
legislation as the director considers appropriate to furnish 15,148
adequate hospital, clinic, and similar facilities to the people 15,149
of this state.
(B) The director of health may enter into agreements to 15,152
sell services offered by the department to other departments,
agencies, and institutions of the state. Fees collected by the 15,153
director for the sale of services under this division shall be 15,154
deposited into the state treasury to the credit of the general 15,155
operations fund created in section 3701.83 of the Revised Code. 15,156
(C) If authorized by federal statute or regulation, the 15,159
director of health may establish and collect fees for conducting 15,160
the initial certification of any person or entity as a provider
of health services for purposes of the medicare program 15,161
established under Title XVIII of the "Social Security Act," 49 15,162
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The fee 15,163
established for conducting an initial medicare certification 15,164
shall not exceed the actual and necessary costs incurred by the
department of health in conducting the certification. 15,165
All fees collected under this division shall be deposited 15,167
into the state treasury to the credit of the medicare initial 15,168
certification fund, which is hereby created. Money credited to 15,169
the fund shall be used solely to pay the costs of conducting 15,170
348
initial medicare certifications.
Sec. 3701.043. IF AUTHORIZED BY FEDERAL STATUTE OR 15,172
REGULATION, THE DIRECTOR OF HEALTH MAY ESTABLISH AND COLLECT FEES 15,173
FOR CONDUCTING THE INITIAL CERTIFICATION OF ANY PERSON OR ENTITY 15,174
AS A PROVIDER OF HEALTH SERVICES FOR PURPOSES OF THE MEDICARE 15,175
PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY 15,177
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. THE FEE 15,178
ESTABLISHED FOR CONDUCTING AN INITIAL MEDICARE CERTIFICATION 15,179
SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS INCURRED BY THE
DEPARTMENT OF HEALTH IN CONDUCTING THE CERTIFICATION. 15,180
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED 15,182
INTO THE STATE TREASURY TO THE CREDIT OF THE MEDICARE INITIAL 15,183
CERTIFICATION FUND, WHICH IS HEREBY CREATED. MONEY CREDITED TO 15,184
THE FUND SHALL BE USED SOLELY TO PAY THE COSTS OF CONDUCTING 15,185
INITIAL MEDICARE CERTIFICATIONS.
Sec. 3701.044. WHEN THE DIRECTOR OF HEALTH OR DEPARTMENT 15,187
OF HEALTH IS REQUIRED OR AUTHORIZED TO CONDUCT OR ADMINISTER AN 15,188
EXAMINATION OR EVALUATION OF INDIVIDUALS FOR THE PURPOSE OF 15,189
DETERMINING COMPETENCY OR FOR THE PURPOSE OF ISSUING A LICENSE, 15,190
CERTIFICATE, REGISTRATION, OR OTHER AUTHORITY TO PRACTICE OR 15,191
PERFORM DUTIES, THE DIRECTOR OR DEPARTMENT MAY PROVIDE FOR THE 15,192
EXAMINATION OR EVALUATION BY CONTRACTING WITH ANY PUBLIC OR 15,193
PRIVATE ENTITY TO CONDUCT OR ADMINISTER THE EXAMINATION OR 15,194
EVALUATION. THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT AND 15,195
RETAIN, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 15,196
CONTRACT, ANY FEE PAID BY AN INDIVIDUAL FOR THE EXAMINATION OR 15,197
EVALUATION. AN ENTITY AUTHORIZED TO COLLECT AND RETAIN A FEE IS 15,198
NOT REQUIRED TO DEPOSIT THE FEE INTO THE STATE TREASURY. 15,199
EXCEPT WHEN CONSIDERED TO BE NECESSARY BY THE DIRECTOR OR 15,201
DEPARTMENT, THE DIRECTOR OR DEPARTMENT SHALL NOT DISCLOSE TEST 15,202
MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED IN ANY 15,203
EXAMINATION OR EVALUATION THE DIRECTOR OR DEPARTMENT CONDUCTS, 15,204
ADMINISTERS, OR PROVIDES FOR BY CONTRACT. THE TEST MATERIALS, 15,205
EXAMINATIONS, AND EVALUATION TOOLS ARE NOT PUBLIC RECORDS FOR THE 15,206
349
PURPOSE OF SECTION 149.43 OF THE REVISED CODE AND ARE NOT SUBJECT 15,207
TO INSPECTION OR COPYING UNDER SECTION 1347.08 OF THE REVISED 15,208
CODE.
Sec. 3701.89. (A) There is hereby re-created a foundation 15,217
as described in section 170 of the "Internal Revenue Code of 15,218
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, which shall be 15,219
known as the Ohio medical quality foundation. The foundation 15,220
shall be administered by thirteen trustees, one of whom shall be 15,221
the director of health and the remaining twelve of whom shall be 15,222
appointed by the governor within ninety days of the effective 15,223
date of this section JULY 21, 1994. 15,224
(B) Five of the appointed trustees shall hold the degree 15,226
of doctor of medicine; of those, two shall be appointed to an 15,227
initial term of three years, one shall be appointed for an 15,228
initial term of four years, and two shall be appointed for an 15,229
initial term of five years. Four of the appointed trustees shall 15,230
be representatives of hospitals; of those, one shall be appointed 15,231
for an initial term of three years, one shall be appointed for an 15,232
initial term of five years, and two shall be appointed to an 15,233
initial term of four years. Two of the appointed trustees shall 15,234
hold the degree of doctor of osteopathic medicine; of those, one 15,235
shall be appointed for an initial term of four years and one 15,236
shall be appointed to an initial term of five years. One of the 15,237
appointed trustees shall hold the degree of doctor of podiatric 15,238
medicine and shall be appointed for a term of three years. 15,239
Thereafter, all trustees appointed by the governor shall be 15,240
appointed to terms of three years. 15,241
(C) The trustees shall act by majority vote with seven 15,243
trustees constituting a quorum for the transaction of any 15,244
business or the exercise of any power of the foundation. 15,245
(D) All money received by the foundation shall be held in 15,247
trust by a corporate trustee selected by the foundation trustees, 15,248
which selection may be changed from time to time. The corporate 15,249
trustee shall invest, manage, and account for the money held in 15,250
350
trust, subject to the approval of the foundation trustees. All 15,251
investment income shall be credited to the foundation trust 15,252
funds. All expenses of administration of the foundation shall be 15,253
charged to the foundation trust funds. 15,254
(E) The trustees may: 15,256
(1) Adopt rules and bylaws consistent with subsection 501 15,258
(c)(3) of the Internal Revenue Code for the regulation of its 15,259
affairs and the conduct of its business; 15,260
(2) Employ a staff and retain or contract with attorneys, 15,262
financial consultants, and accounting experts as are necessary in 15,263
its judgment to carry out this section; 15,264
(3) Seek and accept funding from any private or public 15,266
source for the conduct of its business. 15,267
(F) In a manner consistent with federal income tax 15,269
exemption status under subsection 501(c)(3) of the Internal 15,270
Revenue Code, the foundation shall fund activities to improve the 15,271
quality of medical care rendered to the public. The trustees of 15,272
the money in the foundation trust may fund the following: 15,273
(1) Programs approved under criteria established under 15,275
section 4731.25 of the Revised Code; 15,276
(2) Programs designed to improve the quality of graduate 15,278
medical education; 15,279
(3) Programs designed to improve risk management and 15,281
quality assurance in hospitals, as defined in section 3727.01 of 15,282
the Revised Code, and in outpatient settings including physician 15,283
offices; 15,284
(4) Other programs, meetings, and educational seminars 15,286
that are designed to improve the quality of medical care in Ohio 15,287
and are determined by the trustees to be consistent with this 15,288
section. 15,289
(G) THE FOUNDATION MAY BE ORGANIZED AS A NONPROFIT 15,291
CORPORATION FORMED UNDER CHAPTER 1702. OF THE REVISED CODE. 15,292
Sec. 3701.99. (A) Whoever violates section 3701.25 of the 15,301
Revised Code is guilty of a minor misdemeanor on a first offense; 15,302
351
on each subsequent offense, the person is guilty of a misdemeanor 15,303
of the second degree. 15,304
(B) Whoever violates division (I) of section 3701.262, 15,306
division (D) of section 3701.263, or section 3701.352 or sections 15,307
3701.46 to 3701.55 of the Revised Code is guilty of a minor 15,308
misdemeanor on a first offense; on each subsequent offense, the 15,309
person is guilty of a misdemeanor of the fourth degree. 15,310
(C) Whoever violates section 3701.82 of the Revised Code 15,312
is guilty of a misdemeanor of the first degree. 15,313
(D) Whoever violates section 3701.81 of the Revised Code 15,315
is guilty of a misdemeanor of the second degree. 15,316
(E) Whoever violates division (G) of section 3701.88 of 15,318
the Revised Code shall be fined not more than one hundred 15,319
dollars. Each day the violation continues is a separate offense. 15,320
Sec. 3702.52. The director of health shall administer a 15,330
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under 15,331
those sections. 15,332
(A) The director shall issue rulings on whether a 15,334
particular proposed project is a reviewable activity. The 15,335
director shall issue a ruling not later than forty-five days 15,336
after receiving a request for a ruling accompanied by the 15,337
information needed to make the ruling. If the director does not 15,338
issue a ruling in that time, the project shall be considered to 15,339
have been ruled not a reviewable activity. 15,340
(B) The director shall review applications for 15,342
certificates of need. Each application shall be submitted to the 15,343
director on forms prescribed by the director, shall include all 15,344
information required by rules adopted under division (B) of 15,345
section 3702.57 of the Revised Code, and shall be accompanied by 15,346
the application fee established in rules adopted under division 15,347
(G) of that section. Application fees received by the director 15,348
under this division shall be deposited into the state treasury to 15,349
the credit of the certificate of need fund, which is hereby 15,350
352
created. The director shall use the fund only to pay the costs 15,351
of administering sections 3702.51 to 3702.62 of the Revised Code 15,352
and rules adopted under those sections, and to make payments to 15,353
health service agencies under division (H) of this section. 15,354
The director shall mail to the applicant a written notice 15,356
that the application meets the criteria for a complete 15,357
application specified in rules adopted under section 3702.57 of 15,358
the Revised Code, or a written request for additional
information, not later than fifteen days after receiving an 15,360
application or a response to an earlier request for information.
The director shall not make more than two requests for additional 15,361
information.
The director may conduct a public informational hearing in 15,363
the course of reviewing any application for a certificate of 15,364
need, and shall conduct one if requested to do so by any affected 15,365
person not later than fifteen days after the director mails the 15,366
notice that the application is complete. The hearing shall be 15,367
conducted in the community in which the activities authorized by
the certificate of need would be carried out. Any affected 15,368
person may testify at the hearing. The director may, with the 15,369
health service agency's consent, designate a health service 15,370
agency to conduct the hearing.
Except during a public hearing or as necessary to comply 15,372
with a subpoena issued under division (F) of this section, after 15,374
a notice of completeness has been received, no person shall 15,375
knowingly discuss in person or by telephone the merits of the 15,377
application with the director. If one or more persons request a
meeting in person or by telephone, the director shall make a 15,379
reasonable effort to invite interested parties to the meeting or 15,380
conference call.
(C) Divisions (C)(1) to (7) of this section apply to 15,383
certificate of need applications for which the director had not 15,385
issued a written decision prior to April 20, 1995, unless the 15,386
director was required, under the version of this section in 15,387
353
effect immediately prior to the effective date of this amendment 15,388
JUNE 30, 1995, to grant a certificate of need prior to the 15,390
effective date of this amendment JUNE 30, 1995, because of a lack 15,392
of written objections from any affected person. Divisions (C)(1) 15,393
to (7) of this section do not invalidate any certificate of need 15,394
that the director was required to grant prior to the effective 15,395
date of this amendment JUNE 30, 1995, under that circumstance. 15,396
(1) The director shall grant a certificate of need for the 15,399
entire project that is the subject of the application immediately
after both of the following conditions are met: 15,401
(a) The board of trustees of the health service agency of 15,404
the health service area in which the reviewable activity is 15,405
proposed to be conducted recommends, prior to the deadline 15,406
specified in division (C)(4) of this section or any extension of 15,407
it under division (C)(5) of this section, that the certificate of 15,408
need be granted;
(b) The director receives no written objections to the 15,410
application from any affected person by the later of May 20, 15,411
1995, or thirty days after the director mails the notice of 15,412
completeness.
(2) In the case of applications under comparative review, 15,414
the director shall grant certificates of need for the entire 15,415
projects that are the subject of the applications immediately 15,416
after both of the following conditions are met:
(a) The board of trustees of the health service agency of 15,418
each health service area in which the reviewable activities are 15,419
proposed to be conducted recommends, prior to the deadline 15,420
specified in division (C)(4) of this section or any extension of 15,421
it under division (C)(5) of this section, that certificates of 15,422
need be granted for each of the reviewable activities to be
conducted in its health service area; 15,423
(b) The director receives no written objections to any of 15,425
the applications from any affected person by the later of May 20, 15,426
1995, or thirty days after the director mails the last notice of 15,427
354
completeness.
The director's grant of a certificate of need under 15,429
division (C)(1) or (2) of this section does not affect, and sets 15,430
no precedent for, the director's decision to grant or deny other 15,431
applications for similar reviewable activities proposed to be 15,432
conducted in the same or different health service areas.
(3) If the director receives written objections to an 15,435
application from any affected person by the later of May 20, 15,436
1995, or thirty days after mailing the notice of completeness, 15,437
regardless of the health service agency's recommendation, the 15,438
director shall notify the applicant and assign a hearing examiner 15,440
to conduct an adjudication hearing concerning the application in 15,441
accordance with Chapter 119. of the Revised Code. In the case of 15,443
applications under comparative review, if the director receives 15,444
written objections to any of the applications from any affected 15,446
person by the later of May 20, 1995, or thirty days after the 15,447
director mails the last notice of completeness, regardless of the 15,449
health service agencies' recommendation, the director shall 15,451
notify all of the applicants and appoint a hearing examiner to 15,452
conduct a consolidated adjudication hearing concerning the 15,453
applications in accordance with Chapter 119. of the Revised Code. 15,455
The hearing examiner shall be employed by or under contract with 15,456
the department of health. 15,457
The adjudication hearings may be conducted in the health 15,460
service area in which the reviewable activity is proposed to be
conducted. Consolidated adjudication hearings for applications 15,462
in comparative review may be conducted in the geographic region 15,463
in which all of the reviewable activities will be conducted. The 15,464
applicant, the director, and the affected persons that filed 15,465
objections to the application shall be parties to the hearing. 15,466
If none of the affected persons that submitted written objections 15,467
to the application appears or prosecutes the hearing, the hearing 15,468
examiner shall dismiss the hearing and the director shall grant a 15,470
certificate of need for the entire project that is the subject of 15,471
355
the application. The affected persons bear the burden of proving 15,472
by a preponderance of evidence that the project is not needed or 15,473
that granting the certificate would not be in accordance with 15,474
sections 3702.51 to 3702.62 of the Revised Code or the rules 15,475
adopted under section 3702.57 of the Revised Code. 15,476
(4) Except as provided in divisions (C)(1) and (2) of this 15,479
section, the director shall grant or deny certificate of need 15,480
applications for which an adjudication hearing is not conducted 15,481
under division (C)(3) of this section not later than ninety days 15,483
after mailing the notice of completeness or, in the case of an 15,484
application proposing addition of long-term care beds, not later 15,485
than ninety days after such other time as is specified in rules 15,486
adopted under section 3702.57 of the Revised Code. The director 15,488
shall grant or deny certificate of need applications for which an 15,490
adjudication hearing is conducted under division (C)(3) of this 15,492
section not later than thirty days after the expiration of the 15,493
time for filing objections to the report and recommendation of 15,494
the hearing examiner under section 119.09 of the Revised Code. 15,495
The director shall base decisions concerning applications for 15,496
which an adjudication hearing is conducted under division (C)(3) 15,497
of this section on the report and recommendations of the hearing 15,498
examiner.
(5) Except as otherwise provided in division (C)(1), (2), 15,501
or (6) of this section, the director or the applicant may extend 15,504
the deadline prescribed in division (C)(4) of this section once, 15,506
for no longer than thirty days, by written notice before the end 15,507
of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply to all 15,509
applications that are in comparative review. 15,510
(6) No applicant in a comparative review may extend the 15,512
deadline specified in division (C)(4) of this section. 15,513
(7) Except as provided in divisions (C)(1) and (2) of this 15,516
section, the director may grant a certificate of need for all or 15,517
part of the project that is the subject of an application. If 15,518
356
the director does not grant or deny the certificate by the 15,519
applicable deadline specified in division (C)(4) of this section 15,521
or any extension of it under division (C)(5) of this section, the 15,522
certificate shall be considered to have been granted. The 15,523
director, in reviewing certificate of need applications for solid 15,525
organ transplantation services, may ask for assistance from a 15,526
statewide transplantation advisory group consisting of qualified 15,527
professionals and administrators. Such consultation shall not 15,528
cause the review period for any application to be extended beyond 15,529
the applicable deadline specified in division (C)(4) of this 15,531
section or any extension of it under division (C)(5) of this 15,533
section.
(D) In granting a certificate of need, the director shall 15,535
specify as the maximum capital expenditure the certificate holder 15,536
may obligate under the certificate a figure equal to one hundred 15,537
ten per cent of the approved project cost. 15,538
(E) The director shall monitor the activities of persons 15,541
granted certificates of need concerning long-term care beds
during the period beginning with the granting of the certificate 15,543
of need and ending five years after implementation of the 15,544
activity for which the certificate was granted.
In the case of any other certificate of need, the director 15,546
shall monitor the activities of persons granted certificates of 15,547
need during the period beginning with the granting of the 15,549
certificate of need and ending when the activity for which the 15,550
certificate was granted ceases to be a reviewable activity in 15,551
accordance with section 3702.511 of the Revised Code. 15,552
(F) When reviewing applications for certificates of need 15,555
or monitoring activities of persons granted certificates of need, 15,556
the director may issue and enforce, in the manner provided in 15,558
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the production of documents relevant to review of the 15,560
application or monitoring of the activities. In addition, the 15,562
director or the director's designee, which may include a health 15,564
357
service agency, may visit the sites where the activities are or 15,565
will be conducted.
(G) The director may withdraw certificates of need. 15,567
(H) The director shall pay, to each health service agency 15,569
that engages in one or more of the functions identified in 15,570
division (D)(5) of section 3702.58 of the Revised Code with 15,571
respect to an application for a certificate of need, one-third of 15,572
the application fee paid under division (B) of this section, 15,573
subject to a maximum of four thousand dollars. The amount paid 15,574
under this division to each health service agency during each 15,576
fiscal year shall not be less than the amount received by the 15,577
health service agency between July 1, 1988, and June 30, 1989, or 15,578
the amount received by the agency between January 1, 1988, and 15,579
December 31, 1988, whichever is greater.
(I) The director shall conduct, on a regular basis, health 15,581
system data collection and analysis activities and prepare 15,582
reports. The director shall make recommendations based upon 15,583
these activities to the public health council concerning the 15,584
adoption of appropriate rules under section 3702.57 of the 15,585
Revised Code. All health care facilities and other health care 15,586
providers shall submit to the director, upon request, any 15,587
information that is necessary to conduct reviews of certificate 15,588
of need applications and to develop recommendations for criteria 15,589
for reviews, and that is prescribed by rules adopted under 15,590
division (H) of section 3702.57 of the Revised Code. 15,591
(J)(I) Any decision to grant or deny a certificate of need 15,593
shall consider the special needs and circumstances resulting from 15,594
moral and ethical values and the free exercise of religious 15,595
rights of health care facilities administered by religious 15,596
organizations, and the special needs and circumstances of 15,597
children's hospitals, inner city hospitals, and small rural 15,598
hospitals.
Sec. 3702.57. (A) The public health council shall adopt 15,607
rules establishing procedures and criteria for reviews of 15,608
358
applications for certificates of need and issuance, denial, or 15,609
withdrawal of certificates. 15,610
(1) The rules shall require that, in addition to any other 15,613
applicable review requirements of sections 3702.51 to 3702.62 of 15,614
the Revised Code and rules adopted thereunder, any application 15,615
for a certificate of need from an osteopathic hospital be 15,616
reviewed on the basis of the need for and the availability in the 15,617
community of services and hospitals for osteopathic physicians 15,618
and their patients, and in terms of its impact on existing and 15,619
proposed institutional training programs for doctors of 15,620
osteopathy and doctors of medicine at the student, internship, 15,621
and residency training levels. 15,622
(2) In adopting rules that establish criteria for reviews 15,624
of applications of certificates of need, the council shall 15,625
consider the availability of and need for long-term care beds to 15,626
provide care and treatment to persons diagnosed as having 15,627
traumatic brain injuries and shall prescribe criteria for 15,628
reviewing applications that propose to add long-term care beds to 15,629
provide care and treatment to persons diagnosed as having 15,630
traumatic brain injuries. 15,631
(3) The criteria for reviews of applications for 15,633
certificates of need shall relate to the need for the reviewable 15,634
activity and shall pertain to all of the following matters: 15,635
(a) The impact of the reviewable activity on the cost and 15,637
quality of health services in the relevant geographic area, 15,638
including, but not limited, to the historical and projected 15,639
utilization of the services to which the application pertains and 15,640
the effect of the reviewable activity on utilization of other 15,641
providers of similar services; 15,642
(b) The quality of the services to be provided as the 15,644
result of the activity, as evidenced by the historical 15,645
performance of the persons that will be involved in providing the 15,647
services and by the provisions that are proposed in the 15,648
application to ensure quality, including but not limited to 15,649
359
adequate available personnel, available ancillary and support 15,650
services, available equipment, size and configuration of physical 15,651
plant, and relations with other providers; 15,652
(c) The impact of the reviewable activity on the 15,654
availability and accessibility of the type of services proposed 15,655
in the application to the population of the relevant geographic 15,656
area, and the level of access to the services proposed in the 15,657
application that will be provided to medically underserved 15,658
individuals such as recipients of public assistance and 15,659
individuals who have no health insurance or whose health 15,660
insurance is insufficient; 15,661
(d) The activity's short- and long-term financial 15,663
feasibility and cost-effectiveness, the impact of the activity on 15,664
the applicant's costs and charges, and a comparison of the 15,666
applicant's costs and charges with those of providers of similar 15,667
services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of 15,669
alternatives to the reviewable activity; 15,670
(f) The impact of the activity on all other providers of 15,673
similar services in the health service area or other relevant 15,674
geographic area, including the impact on their utilization, 15,675
market share, and financial status;
(g) The historical performance of the applicant and 15,678
related or affiliated parties in complying with previously
granted certificates of need and any applicable certification, 15,679
accreditation, or licensure requirements; 15,680
(h) The relationship of the activity to the current 15,683
edition of the state health resources plan issued under section 15,684
3702.521 of the Revised Code;
(i) The historical performance of the applicant and 15,687
related or affiliated parties in providing cost-effective health 15,688
care services;
(j) The special needs and circumstances of the applicant 15,691
or population proposed to be served by the proposed project, 15,692
360
including research activities, prevalence of particular diseases, 15,693
unusual demographic characteristics, cost-effective contractual 15,694
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of the 15,697
proposed site of the activity;
(l) The participation by the applicant in research 15,700
conducted by the United States food and drug administration or 15,701
clinical trials sponsored by the national institutes of health. 15,702
(4) The criteria for reviews of applications may include 15,705
formulas for determining need for beds and services. 15,706
(a) The criteria prescribing formulas shall not, either by 15,708
themselves or in conjunction with any established occupancy 15,709
guidelines, require, as a condition of being granted a 15,710
certificate of need, that a hospital reduce its complement of 15,711
registered beds or discontinue any service that is not related to 15,712
the service or project for which the certificate of need is 15,713
sought. 15,714
(b) With respect to applications to conduct reviewable 15,716
activities that are affected directly by the inpatient occupancy 15,717
of a health care facility, including addition, relocation, or 15,718
recategorization of beds or renovation or other construction 15,719
activities relating to inpatient services, the rules shall 15,720
prescribe criteria for determining whether the scope of the 15,721
proposed project is appropriate in light of the historical and 15,722
reasonably projected occupancy rates for the beds related to the 15,723
project. 15,724
(c) Any rules prescribing criteria that establish ratios 15,726
of beds, services, or equipment to population shall specify the 15,728
bases for establishing the ratios or mitigating factors or 15,729
exceptions to the ratios. 15,730
(B) The council shall adopt rules specifying all of the 15,732
following: 15,733
(1) Information that must be provided in applications for 15,736
certificates of need, which shall include a plan for obligating 15,738
361
the capital expenditure or implementing the proposed project on a 15,739
timely basis in accordance with section 3702.525 of the Revised 15,741
Code;
(2) Procedures for reviewing applications for completeness 15,745
of information;
(3) Criteria for determining that the application is 15,748
complete.
(C) The council shall adopt rules specifying requirements 15,750
that holders of certificates of need must meet in order for the 15,751
certificates to remain valid and establishing definitions and 15,752
requirements for obligation of capital expenditures and 15,753
implementation of projects authorized by certificates of need. 15,754
(D) The council shall adopt rules establishing criteria 15,756
and procedures under which the director of health may withdraw a 15,757
certificate of need if the holder fails to meet requirements for 15,758
continued validity of the certificate. 15,759
(E) The council shall adopt rules establishing procedures 15,761
under which the department of health shall monitor project 15,762
implementation activities of holders of certificates of need. 15,763
The rules adopted under this division also may establish 15,764
procedures for monitoring implementation activities of persons 15,766
that have received nonreviewability rulings. 15,768
(F) The council shall adopt rules establishing procedures 15,770
under which the director of health shall review certificates of 15,771
need whose holders exceed or appear likely to exceed an 15,773
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate 15,775
of need application fees sufficient to pay the costs incurred by 15,776
the department for administering sections 3702.51 to 3702.62 of 15,778
the Revised Code and to pay health service agencies for the 15,779
functions they perform under division (D)(5) of section 3702.58 15,781
of the Revised Code. Unless rules are adopted under this 15,782
division establishing different application fees, the application 15,783
fee for a project not involving a capital expenditure shall be 15,784
362
three thousand dollars and the application fee for a project 15,785
involving a capital expenditure shall be nine-tenths of one per 15,786
cent of the capital expenditure proposed subject to a minimum of 15,787
three thousand dollars and a maximum of twenty thousand dollars. 15,788
(H) The council shall adopt rules specifying information 15,790
that is necessary to conduct reviews of certificate of need 15,791
applications and to develop recommendations for criteria for 15,792
reviews that health care facilities and other health care 15,793
providers are to submit to the director under division (I)(H) of 15,795
section 3702.52 of the Revised Code.
(I) The council shall adopt rules defining "affiliated 15,798
person," "related person," and "ultimate controlling interest" 15,799
for purposes of section 3702.524 of the Revised Code. 15,800
(J) The council shall adopt rules prescribing requirements 15,803
for holders of certificates of need to demonstrate to the 15,804
director under section 3702.526 of the Revised Code that 15,806
reasonable progress is being made toward completion of the
reviewable activity and establishing standards by which the 15,807
director shall determine whether reasonable progress is being 15,808
made.
(K) The council shall adopt rules defining high-risk 15,810
cardiac catheterization patients. High-risk patients shall 15,812
include patients with significant ischemic syndromes or unstable 15,813
myocardial infarction, patients who need intervention such as 15,814
angioplasty or bypass surgery, patients who may require difficult 15,815
or complex catheterization procedures such as transeptal 15,816
assessment of valvular dysfunction, patients with critical aortic 15,817
stenosis or congestive heart failure, and other patients 15,818
specified by the council. 15,819
(L) The public health council shall adopt all rules under 15,822
divisions (A) to (K) of this section in accordance with Chapter 15,824
119. of the Revised Code. The council may adopt other rules as 15,825
necessary to carry out the purposes of sections 3702.51 to 15,826
3702.62 of the Revised Code.
363
Sec. 3702.58. (A) The director of health shall designate 15,835
geographic regions of this state as health service areas and 15,836
shall designate one health service agency for each health service 15,837
area. All territory in this state shall be included in a health 15,838
service area, but no territory shall be included in more than one 15,839
health service area.
(B) The director shall designate as a health service area 15,841
any health service area that was so designated in accordance with 15,842
the former "National Health Planning and Resources Development 15,843
Act of 1974," 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of 15,844
November 13, 1986. The director shall designate as a health 15,845
service agency any health systems agency designated under such 15,846
former act that, on June 30, 1987, was performing the functions 15,848
of a health systems agency as provided for in such former act. 15,849
(C) The director may designate health service areas and 15,851
health service agencies in addition to those designated under 15,852
division (B) of this section, may revise the boundaries of health 15,853
service areas, and may revoke the designation of a health service 15,854
agency and designate a new health service agency for a health 15,855
service area. 15,856
Each health service agency designated under this division 15,859
shall be a nonprofit private corporation that is incorporated in 15,860
this state as a corporation that is exempt from federal income 15,861
taxation under subsection 501(a) and described in subsection 15,862
501(c)(3) of the "Internal Revenue Act of 1986," 100 Stat. 2085, 15,863
26 U.S.C.A. 1, as amended, that is not a subsidiary of, or 15,864
otherwise controlled by, any other private or public corporation 15,865
or other legal entity.
The board of trustees of each health service agency shall 15,868
be nominated and elected by the agency's membership in accordance 15,869
with procedures specified in the agency's by-laws. Each trustee 15,870
shall be a resident of the health service area served by the 15,871
agency, and any resident of the health service area age eighteen 15,872
or older is eligible to be nominated. The board of trustees 15,873
364
shall be broadly representative of the demographic
characteristics of the health service area, including the 15,874
geographic distribution and density of the population. 15,875
A majority of the trustees, but not more than seventy-five 15,878
per cent, shall represent consumers and major purchasers of 15,879
health care, including businesses and labor organizations, that 15,880
are not health care providers. All other trustees shall 15,881
represent health care providers and, to the extent practicable, 15,882
shall be representative of the variety of health care disciplines 15,883
and interests of the health service area. Only the trustees 15,884
representing health care consumers and purchasers may vote on 15,885
agency proceedings concerning a certificate of need application. 15,886
However, no such trustees shall vote on proceedings concerning a 15,887
certificate of need application if he THE TRUSTEE has a financial 15,888
interest in the outcome of the proceedings.
A health service agency's board of trustees may adopt 15,890
policies governing the agency's ability to sell health care 15,891
information and resources to the public, to engage in activities 15,892
on a fee-for-service basis, and to enter into contractual 15,893
arrangements. However, these policies do not affect the 15,894
requirements of division (H) of section 3702.52 of the Revised 15,896
Code with respect to the amount the director pays for the 15,897
agency's performance of any function described in division (D)(5) 15,898
of this section. No health service agency shall engage in any 15,899
fee-for-service activity with a health care facility. Each board 15,900
of trustees shall hire appropriate staff to perform duties 15,901
required by the board.
(D) The functions of health service agencies shall 15,903
include, but not be limited to: 15,904
(1) Performing functions related to the planning and 15,906
implementation of health care facilities and health care services 15,908
by:
(a) Identifying community health care needs and 15,910
establishing community-based priorities and implementation 15,911
365
strategies;
(b) Developing community-based plans to address identified 15,913
needs and priorities; 15,914
(c) Providing technical assistance on community health 15,916
care needs assessment and planning and implementation strategies 15,917
to entities responsible for the delivery of health care services; 15,918
(d) Serving as the community resource to ensure that all 15,920
concerned individuals and organizations of the community are 15,921
represented and afforded an opportunity to participate in the 15,922
planning and implementation of the health care systems and 15,923
services that best meet the needs of the citizens of the health 15,924
service area;
(e) Submitting to the director of health for inclusion in 15,926
the state health resources plan issued under section 3702.521 of 15,927
the Revised Code the local community-based health resources plan, 15,929
which shall contain an analysis of the distribution of all health 15,930
services, facilities, and other resources in the health service 15,931
area, including existing deficiencies and excesses in local
health resources; 15,932
(f) Submitting annually to the director a supplemental 15,934
report recommending changes to the state health resources plan as 15,935
it deems appropriate by the community health planning process. 15,936
(2) Performing functions related to monitoring of the 15,938
health care system in the health service area, including: 15,939
(a) Compiling, analyzing, and disseminating technical 15,941
information and data identifying statistical trends and gaps in 15,942
health care services;
(b) Evaluating progress toward meeting local and state 15,944
health care goals as established by their respective planning 15,945
processes;
(c) Serving as the health service area community health 15,947
information center by: 15,948
(i) Making available to the general public information 15,950
about the quality, including performance and outcomes, and cost 15,951
366
of, and access to, the health care delivery services and systems; 15,952
(ii) Maintaining copies of reports on utilization of, 15,954
participation in, and performance of health care reform 15,955
initiatives, including OhioCare, any health insurance access 15,956
programs, and other health care cost, quality, and access reform 15,957
program;
(iii) Maintaining copies of all reports required by state 15,959
agencies that pertain to health care services, utilization, and 15,960
cost.
(3) Conducting the following community activities: 15,962
(a) Informing and educating the public on health care 15,964
issues, concerns, and proposed solutions, such as educating the 15,965
public about the proper use of health care delivery reform 15,966
initiatives;
(b) Providing forums for solving problems, resolving 15,968
conflicts, and building consensus; 15,969
(c) Publishing and making available to the public reports 15,971
on health care utilization, cost, and quality of services; 15,972
(d) Establishing and maintaining educational programs and 15,974
other informational resources for promoting improvement in the 15,975
health of the residents in the health service area. 15,976
(4) Promoting improvements in the health of the residents 15,978
of the health service area by helping the community to: 15,979
(a) Plan for and implement improvements in cost, 15,981
accessibility, and quality of health care services; 15,982
(b) Minimize unnecessary duplication of health services 15,984
and technology; 15,985
(c) Promote competition where appropriate in the health 15,987
service area. 15,988
(5) Implementing the certificate of need program on the 15,990
local level by:
(a) Providing technical assistance to applicants for 15,992
certificates of need; 15,993
(b) Advising the director of health by conducting 15,996
367
community reviews of certificate of need applications based on 15,997
local and state health resources plans and criteria and standards 15,998
established by the public health council; 15,999
(c) Conducting public informational hearings on 16,001
certificate of need applications under division (B) of section 16,002
3702.52 of the Revised Code;
(d) Submitting to the director findings and 16,004
recommendations on certificate of need applications; 16,005
(e) Monitoring compliance with the granted certificates of 16,007
need in the health service area on behalf of the director; 16,009
(f) Reporting findings of monitoring activities in a 16,011
format determined by the director. 16,012
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 16,021
3702.62 of the Revised Code, this section applies to the review 16,022
of certificate of need applications during the period beginning 16,023
July 1, 1993, and ending June 30, 1999 2001. 16,024
(B)(1) Except as provided in division (B)(2) of this 16,026
section, the director of health shall neither grant nor deny any 16,027
application for a certificate of need submitted prior to July 1, 16,028
1993, if the application was for any of the following and the 16,030
director had not issued a written decision concerning the 16,031
application prior to that date:
(a) Approval of beds in a new health care facility or an 16,033
increase of beds in an existing health care facility, if the beds 16,034
are proposed to be licensed as nursing home beds under Chapter 16,035
3721. of the Revised Code; 16,036
(b) Approval of beds in a new county home or new county 16,038
nursing home as defined in section 5155.31 of the Revised Code, 16,039
or an increase of beds in an existing county home or existing 16,040
county nursing home, if the beds are proposed to be certified as 16,041
skilled nursing facility beds under Title XVIII or nursing 16,042
facility beds under Title XIX of the "Social Security Act," 49 16,043
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 16,044
(c) Recategorization of hospital beds as described in 16,046
368
section 3702.522 of the Revised Code, an increase of hospital 16,048
beds registered pursuant to section 3701.07 of the Revised Code 16,049
as long-term care beds or skilled nursing facility beds, or a 16,050
recategorization of hospital beds that would result in an 16,051
increase of beds registered pursuant to that section as long-term 16,052
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 16,055
application to the applicant and, notwithstanding section 3702.52 16,056
of the Revised Code regarding the uses of the certificate of need 16,057
fund, shall refund to the applicant the application fee paid 16,058
under that section. Applications returned under division (B)(1) 16,059
of this section may be resubmitted in accordance with section 16,060
3702.52 of the Revised Code no sooner than July 1, 1999 2001. 16,061
(2) The director shall continue to review and shall issue 16,063
a decision regarding any application submitted prior to July 1, 16,064
1993, to increase beds for either of the purposes described in 16,066
division (B)(1)(a) or (b) of this section if the proposed 16,067
increase in beds is attributable solely to a replacement or 16,068
relocation of existing beds within the same county. The director 16,069
shall authorize under such an application no additional beds 16,070
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 16,072
section, the director, during the period beginning July 1, 1993, 16,073
and ending June 30, 1999 2001, shall not accept for review under 16,074
section 3702.52 of the Revised Code any application for a 16,075
certificate of need for any of the purposes described in 16,076
divisions (B)(1)(a) to (c) of this section. 16,077
(2) The director shall accept for review any application 16,079
for either of the purposes described in division (B)(1)(a) or (b) 16,080
of this section if the proposed increase in beds is attributable 16,081
solely to a replacement or relocation of existing beds within the 16,082
same county. The director shall authorize under such an 16,083
application no additional beds beyond those being replaced or 16,084
relocated. The director also shall accept for review any 16,085
369
application that seeks certificate of need approval for existing 16,086
beds located in an infirmary that is operated exclusively by a 16,088
religious order, provides care exclusively to members of 16,089
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 16,090
care exclusively to members of such a religious order on January 16,091
1, 1994.
(D) The director shall issue a decision regarding any case 16,093
remanded by a court as the result of a decision issued by the 16,096
director prior to July 1, 1993, to grant, deny, or withdraw a 16,097
certificate of need for any of the purposes described in 16,098
divisions (B)(1)(a) to (c) of this section. 16,099
(E) The director shall not project the need for beds 16,101
listed in division (B)(1) of this section for the period 16,102
beginning July 1, 1993, and ending June 30, 1999 2001. 16,103
This section is an interim section effective until July 1, 16,105
1999 2001. 16,106
Sec. 3705.24. (A) Except as otherwise provided in this 16,115
division or division (G) of this section, the fee for a certified 16,117
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 16,119
the Revised Code. Except as provided in section 3705.241 of the 16,120
Revised Code, the fee for a certified copy of a vital record or 16,121
for a certification of birth issued by the office of vital 16,122
statistics shall be an amount prescribed by the public health 16,123
council plus any fee required by section 3109.14 of the Revised 16,124
Code. The fee for a certified copy of a vital record or for a 16,125
certification of birth issued by a health district shall be an 16,126
amount prescribed in accordance with section 3709.09 of the 16,127
Revised Code plus any fee required by section 3109.14 of the 16,128
Revised Code. No certified copy of a vital record or 16,129
certification of birth shall be issued without payment of the fee 16,130
unless otherwise specified by statute.
For a special search of the files and records to determine 16,132
370
a date or place contained in a record on file, the office of 16,133
vital statistics shall charge a fee of three dollars for each 16,134
hour or fractional part of an hour required for the search. 16,135
(B) Except as otherwise provided in division (G) of this 16,138
section, and except as provided in section 3705.241 of the 16,139
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 16,140
into the state treasury to the credit of the general operations 16,141
fund created by section 3701.83 of the Revised Code. Money 16,143
generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it. 16,144
Amounts submitted to the department of health for copies of vital 16,146
records or services in excess of the fees imposed by this section 16,147
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 16,149
retained by the department and deposited in the state treasury to 16,150
the credit of the general operations fund created by section 16,151
3701.83 of the Revised Code. 16,152
(2) An overpayment in excess of two dollars shall be 16,154
returned to the person who made the overpayment. 16,155
(C) If a local registrar is a salaried employee of a city 16,157
or a general health district, any fees the local registrar 16,158
receives pursuant to section 3705.23 of the Revised Code shall be 16,159
paid into the general fund of the city or the health fund of the 16,160
general health district. 16,161
Each local registrar of vital statistics, or each health 16,163
district where the local registrar is a salaried employee of the 16,164
district, shall be entitled to a fee for each birth, fetal death, 16,165
death, or military service certificate properly and completely 16,166
made out and registered with the local registrar or district and 16,167
correctly copied and forwarded to the office of vital statistics 16,169
in accordance with the population of the primary registration 16,170
district at the last federal census. The fee for each birth, 16,171
fetal death, death, or military service certificate shall be: 16,172
371
(1) In primary registration districts of over two hundred 16,174
fifty thousand, twenty cents; 16,175
(2) In primary registration districts of over one hundred 16,177
twenty-five thousand and less than two hundred fifty thousand, 16,178
sixty cents; 16,179
(3) In primary registration districts of over fifty 16,181
thousand and less than one hundred twenty-five thousand, eighty 16,182
cents; 16,183
(4) In primary registration districts of less than fifty 16,185
thousand, one dollar. 16,186
(D) The director of health shall annually certify to the 16,188
county treasurers of the several counties the number of birth, 16,189
fetal death, death, and military service certificates registered 16,190
from their respective counties with the names of the local 16,191
registrars and the amounts due each registrar and health district 16,192
at the rates fixed in this section. Such amounts shall be paid 16,193
by the treasurer of the county in which the registration 16,194
districts are located. No fees shall be charged or collected by 16,195
registrars except as provided by this chapter and section 3109.14 16,196
of the Revised Code. 16,197
(E) A probate judge shall be paid a fee of fifteen cents 16,199
for each certified abstract of marriage prepared and forwarded by 16,200
the probate judge to the department of health pursuant to section 16,201
3705.21 of the Revised Code. The fee shall be in addition to the 16,202
fee paid for a marriage license and shall be paid by the 16,203
applicants for the license. 16,204
(F) The clerk of a court of common pleas shall be paid a 16,206
fee of one dollar for each certificate of divorce, dissolution, 16,207
and annulment of marriage prepared and forwarded by the clerk to 16,208
the department pursuant to section 3705.21 of the Revised Code. 16,209
The fee for the certified abstract of divorce, dissolution, or 16,210
annulment of marriage shall be added to the court costs allowed 16,211
in these cases. 16,212
(G) The fee for an heirloom certification of birth issued 16,214
372
pursuant to division (B)(2) of section 3705.23 of the Revised 16,216
Code shall be an amount prescribed by rule by the director of 16,218
health plus any fee required by section 3109.14 of the Revised 16,219
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 16,220
offset the expense of processing heirloom certifications of 16,221
birth. The fee prescribed by the director of health pursuant to 16,223
this division shall be deposited into the state treasury to the 16,225
credit of the heirloom certification of birth fund which is 16,226
hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing 16,227
heirloom certifications of birth. However, the money collected 16,228
for the surcharge, subject to the approval of the controlling 16,229
board, shall be used for the purposes specified by the family and 16,230
children first council pursuant to section 121.37 of the Revised 16,231
Code.
Sec. 3721.025. IF THE OPERATOR OF A NURSING HOME CLAIMS TO 16,233
THE PUBLIC THAT THE NURSING HOME PROVIDES SPECIAL SERVICES THAT 16,234
ARE ABOVE THE MINIMUM SERVICES THAT MUST BE PROVIDED TO BE 16,235
LICENSED UNDER THIS CHAPTER AS A NURSING HOME, THE OPERATOR SHALL 16,236
SUBMIT TO THE DEPARTMENT OF HEALTH A WRITTEN DESCRIPTION OF THE 16,237
SPECIAL SERVICES PROVIDED. THE DEPARTMENT SHALL MAINTAIN A 16,238
REGISTRY CONTAINING ALL DESCRIPTIONS SUBMITTED UNDER THIS 16,239
SECTION. ON REQUEST, THE DEPARTMENT SHALL PROVIDE A COPY OF A 16,240
DESCRIPTION SUBMITTED UNDER THIS SECTION. 16,241
Sec. 3721.31. (A)(1) Except as provided in division (E) 16,250
of this section, the director of health shall approve competency 16,251
evaluation programs and training and competency evaluation 16,252
programs in accordance with rules adopted under section 3721.30 16,253
of the Revised Code and shall periodically review and reapprove 16,254
programs approved under this section. 16,255
(2) Except as otherwise provided in division (A)(3) of 16,257
this section, the director may approve and reapprove programs 16,258
conducted by or in long-term care facilities, or by any 16,259
373
government agency or person, including an employee organization. 16,260
(3) The director shall not approve or reapprove a 16,262
competency evaluation program or training and competency 16,263
evaluation program conducted by or in a long-term care facility 16,264
that was determined by the director or the United States 16,265
secretary of health and human services to have been out of 16,266
compliance with the requirements of subsection (b), (c), or (d) 16,267
of section 1819 or 1919 of the "Social Security Act," 49 Stat. 16,268
620 (1935), 42 U.S.C.A. 301, as amended, within a two-year period 16,269
prior to making application for approval or reapproval and shall 16,270
revoke the approval or reapproval of a program conducted by or in 16,271
a facility for which such a determination is made. 16,272
(4) A long-term care facility, employee organization, 16,274
person, or government entity seeking approval or reapproval of a 16,275
competency evaluation program or training and competency 16,276
evaluation program shall make an application to the director for 16,277
approval or reapproval of the program and shall provide any 16,278
documentation requested by the director. 16,279
(5) The director may conduct inspections and examinations 16,281
of approved competency evaluation programs and training and 16,282
competency evaluation programs, competency evaluation programs 16,283
and training and competency evaluation programs for which an 16,284
application for approval has been submitted under division (A)(4) 16,285
of this section, and the sites at which they are or will be 16,286
conducted. The director may conduct inspections of long-term 16,287
care facilities in which individuals who have participated in 16,288
approved competency evaluation programs and training and 16,289
competency evaluation programs are being used as nurse aides. 16,290
(B) In accordance with Chapter 119. of the Revised Code, 16,292
the director may do the following: 16,293
(1) Deny, suspend, or revoke approval or reapproval of any 16,295
of the following that is not in compliance with this section and 16,296
section 3721.30 of the Revised Code and rules adopted thereunder: 16,297
(a) A competency evaluation program; 16,299
374
(b) A training and competency evaluation program; 16,301
(c) A training program for instructors or coordinators for 16,303
training and competency evaluation programs; 16,304
(d) A training program for evaluators for competency 16,306
evaluation programs. 16,307
(2) Deny a request that he THE DIRECTOR determine either 16,309
ANY of the following for the purposes of division (B) of section 16,311
3721.28 of the Revised Code: 16,312
(a) That a program completed prior to the dates specified 16,314
in division (B)(3) of section 3721.28 of the Revised Code 16,315
included a competency evaluation component no less stringent than 16,316
the competency evaluation programs approved or conducted by him 16,317
THE DIRECTOR under this section, and was otherwise comparable to 16,319
the training and competency evaluation programs being approved 16,320
under this section; 16,321
(b) That an individual satisfies division (B)(5) of 16,323
section 3721.28 of the Revised Code; 16,324
(c) That an individual meets the conditions specified in 16,326
division (F) of section 3721.28 of the Revised Code. 16,327
(C) The director may develop and conduct a competency 16,329
evaluation program for individuals used by long-term care 16,330
facilities as nurse aides at any time during the period 16,331
commencing July 1, 1989, and ending January 1, 1990, and 16,332
individuals who participate in training and competency evaluation 16,333
programs conducted in or by long-term care facilities. The 16,334
director also may conduct other competency evaluation programs 16,335
and training and competency evaluation programs. When conducting 16,336
competency evaluation programs and training and competency 16,337
evaluation programs, the director may use a nurse aide competency 16,338
evaluation prepared by a national standardized testing service, 16,339
and may contract with the service to administer the evaluation 16,340
PURSUANT TO SECTION 3701.044 OF THE REVISED CODE. 16,341
(D) The director may approve or conduct programs to train 16,343
instructors and coordinators for training and competency 16,344
375
evaluation programs and evaluators for competency evaluation 16,345
programs. The director may conduct inspections and examinations 16,346
of those programs that have been approved by him THE DIRECTOR or 16,347
for which an application for approval has been submitted, and the 16,349
sites at which the programs are or will be conducted. 16,350
(E) Notwithstanding division (A) of this section and 16,352
division (C) of section 3721.30 of the Revised Code, the 16,353
director, in his THE DIRECTOR'S discretion, may decline to 16,354
approve any competency evaluation programs. The director may 16,356
require all individuals used by long-term care facilities as 16,357
nurse aides after June 1, 1990, who have completed a training and 16,358
competency evaluation program approved by the director under 16,359
division (A) of this section or who have met the conditions 16,360
specified in division (F) of section 3721.28 of the Revised Code 16,361
to complete a competency evaluation program conducted by the 16,362
director under division (C) of this section. The director also 16,363
may require all individuals used as nurse aides by long-term care 16,364
facilities after June 1, 1990, who were used by a facility at any 16,365
time during the period commencing July 1, 1989, and ending 16,366
January 1, 1990, to complete a competency evaluation program 16,367
conducted by the director under division (C) of this section 16,368
rather than a competency evaluation program approved by him THE 16,369
DIRECTOR under division (A) of this section. 16,370
(F) The director shall not disclose test materials, 16,372
examinations, or evaluative EVALUATION tools used in any 16,373
competency evaluation program or training and competency 16,375
evaluation program that he THE DIRECTOR conducts or approves 16,376
under this section to any person or government entity, except as 16,377
he determines to be necessary for administration and enforcement 16,379
of this chapter and rules adopted under this chapter. The test 16,380
materials, examinations, and evaluative tools are not public 16,381
records for the purpose of section 149.43 of the Revised Code, 16,382
and are not subject to inspection or copying under THE 16,383
CONFIDENTIALITY PROVISIONS OF section 1347.08 3701.044 of the 16,384
376
Revised Code.
(G) The director shall impose fees prescribed by rules 16,386
adopted under section 3721.30 of the Revised Code for both of the 16,387
following: 16,388
(1) Making application for approval or reapproval of 16,390
either of the following: 16,391
(a) A competency evaluation program or a training and 16,393
competency evaluation program; 16,394
(b) A training program for instructors or coordinators for 16,396
training and competency evaluation programs, or evaluators for 16,397
competency evaluation programs; 16,398
(2) Participation in any competency evaluation program, 16,400
training and competency evaluation program, or other program 16,401
conducted by the director under this section. 16,402
If the director contracts with a national standardized 16,404
testing service pursuant to division (C) of this section for 16,405
administration by the service of a competency evaluation of nurse 16,406
aides, the director may authorize the service to collect and 16,407
retain fees in the amounts prescribed under the rules adopted by 16,408
the director under section 3721.30 of the Revised Code. 16,409
Sec. 3721.33. (A) Except as provided in division (B) of 16,418
this section FOR ANY FEE COLLECTED AND RETAINED BY A TESTING 16,419
SERVICE UNDER CONTRACT PURSUANT TO DIVISION (C) OF SECTION 16,420
3721.31 OF THE REVISED CODE, all fees collected under section 16,421
3721.31 of the Revised Code shall be deposited in the state 16,422
treasury to the credit of the nurse aide training fund, which is
hereby created. The moneys in the fund shall be used solely for 16,423
the purposes set forth in sections 3721.28 to 3721.32 of the 16,424
Revised Code and rules adopted thereunder. 16,425
(B) A national standardized testing service that collects 16,427
and retains fees under a contract described in division (G) of 16,428
section 3721.31 of the Revised Code is not required to deposit 16,429
the fees in the state treasury.
Sec. 3722.01. (A) As used in this chapter: 16,438
377
(1) "Owner" means the person who owns the business of and 16,440
who ultimately controls the operation of an adult care facility 16,441
and to whom the manager, if different from the owner, is 16,442
responsible. 16,443
(2) "Manager" means the person responsible for the daily 16,445
operation of an adult care facility. The manager and the owner 16,446
of a facility may be the same person. 16,447
(3) "Adult" means an individual eighteen years of age or 16,449
older. 16,450
(4) "Unrelated" means that an adult resident is not 16,452
related to the owner or manager of an adult care facility or to 16,453
his THE OWNER'S OR MANAGER'S spouse as a parent, grandparent, 16,454
child, stepchild, grandchild, brother, sister, niece, nephew, 16,456
aunt, or uncle, or as the child of an aunt or uncle. 16,457
(5) "Skilled nursing care" means skilled nursing care as 16,459
defined in section 3721.01 of the Revised Code. 16,460
(6)(a) "Personal care services" means services including, 16,462
but not limited to, the following: 16,463
(i) Assisting residents with activities of daily living; 16,465
(ii) Assisting residents with self-administration of 16,467
medication, in accordance with rules adopted by the public health 16,468
council pursuant to this chapter; 16,469
(iii) Preparing special diets, other than complex 16,471
therapeutic diets, for residents pursuant to the instructions of 16,472
a physician or a licensed dietitian, in accordance with rules 16,473
adopted by the public health council pursuant to this chapter. 16,474
(b) "Personal care services" does not include "skilled 16,476
nursing care" as defined in section 3721.01 of the Revised Code. 16,477
A facility need not provide more than one of the services listed 16,478
in division (A)(6)(a) of this section to be considered to be 16,479
providing personal care services. 16,480
(7) "Adult family home" means a residence or facility that 16,482
provides accommodations to three to five unrelated adults and 16,483
supervision and personal care services to at least three of those 16,484
378
adults. 16,485
(8) "Adult group home" means a residence or facility that 16,487
provides accommodations to six to sixteen unrelated adults and 16,488
provides supervision and personal care services to at least three 16,489
of the unrelated adults. 16,490
(9) "Adult care facility" means an adult family home or an 16,492
adult group home. For the purposes of this chapter, any 16,493
residence, facility, institution, hotel, congregate housing 16,494
project, or similar facility that provides accommodations and 16,495
supervision to three to sixteen unrelated adults, at least three 16,496
of whom are provided personal care services, is an adult care 16,497
facility regardless of how the facility holds itself out to the 16,498
public. "Adult care facility" does not include: 16,499
(a) A facility operated by a hospice care program licensed 16,501
under section 3712.04 of the Revised Code that is used 16,502
exclusively for care of hospice patients; 16,503
(b) A nursing home, residential care facility, or home for 16,506
the aging as defined in section 3721.01 of the Revised Code; 16,507
(c) A community alternative home as defined in section 16,509
3724.01 of the Revised Code; 16,510
(d) An alcohol and drug addiction program as defined in 16,512
section 3793.01 of the Revised Code; 16,513
(e) A habilitation center as defined in section 5123.041 16,515
of the Revised Code; 16,516
(f) A residential facility for the mentally ill licensed 16,518
by the department of mental health under section 5119.22 of the 16,519
Revised Code; 16,520
(g) A facility licensed to provide methadone treatment 16,522
under section 3793.11 of the Revised Code; 16,523
(h) A residential facility licensed under section 5123.19 16,525
of the Revised Code or otherwise regulated by the department of 16,526
mental retardation and developmental disabilities; 16,527
(i) Any residence, institution, hotel, congregate housing 16,529
project, or similar facility that provides personal care services 16,530
379
to fewer than three residents or that provides, for any number of 16,531
residents, only housing, housekeeping, laundry, meal preparation, 16,532
social or recreational activities, maintenance, security, 16,533
transportation, and similar services that are not personal care 16,534
services or skilled nursing care; 16,535
(j) Any facility that receives funding for operating costs 16,537
from the department of development under any program established 16,538
to provide emergency shelter housing or transitional housing for 16,539
the homeless; 16,540
(k) A terminal care facility for the homeless that has 16,542
entered into an agreement with a hospice care program under 16,543
section 3712.07 of the Revised Code; 16,544
(l) A facility approved by the veterans administration 16,546
under section 104(a) of the "Veterans Health Care Amendments of 16,547
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used 16,548
exclusively for the placement and care of veterans; 16,549
(m) Until January 1, 1994, the portion of a facility in 16,551
which care is provided exclusively to members of a religious 16,552
order if the facility is owned by or part of a nonprofit 16,553
institution of higher education authorized to award degrees by 16,554
the Ohio board of regents under Chapter 1713. of the Revised 16,555
Code. 16,556
(10) "Residents' rights advocate" means: 16,558
(a) An employee or representative of any state or local 16,560
government entity that has a responsibility for residents of 16,561
adult care facilities and has registered with the department of 16,562
health under section 3701.07 of the Revised Code; 16,563
(b) An employee or representative, other than a manager or 16,565
employee of an adult care facility or nursing home, of any 16,566
private nonprofit corporation or association that qualifies for 16,567
tax-exempt status under section 501(a) of the "Internal Revenue 16,568
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, 16,569
that has registered with the department of health under section 16,570
3701.07 of the Revised Code, and whose purposes include educating 16,571
380
and counseling residents, assisting residents in resolving 16,572
problems and complaints concerning their care and treatment, and 16,573
assisting them in securing adequate services. 16,574
(11) "Sponsor" means an adult relative, friend, or 16,576
guardian of a resident of an adult care facility who has an 16,577
interest in or responsibility for the resident's welfare. 16,578
(12) "Ombudsman OMBUDSPERSON" means a "representative of 16,580
the office of the state long-term care ombudsman OMBUDSPERSON 16,582
program" as defined in section 173.14 of the Revised Code. 16,584
(13) "MENTAL HEALTH AGENCY" MEANS A MENTAL HEALTH AGENCY, 16,586
AS DEFINED IN SECTION 5119.22 OF THE REVISED CODE, UNDER CONTRACT 16,588
WITH A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 16,589
SERVICES PURSUANT TO DIVISION (A)(6)(a) OF SECTION 340.03 OF THE 16,590
REVISED CODE.
(B) For purposes of this chapter, personal care services 16,592
or skilled nursing care shall be considered to be provided by a 16,593
facility if they are provided by a person employed by or 16,594
associated with the facility or by another person pursuant to an 16,595
agreement to which neither the resident who receives the services 16,596
nor his THE RESIDENT'S sponsor is a party. 16,597
(C) Nothing in division (A)(6) of this section shall be 16,599
construed to permit personal care services to be imposed upon a 16,600
resident who is capable of performing the activity in question 16,601
without assistance. 16,602
Sec. 3722.011. All medication taken by residents of an 16,611
adult care facility shall be self-administered, except that 16,612
medication may be administered to a resident by a home health 16,613
agency, hospice care program, or nursing home staff, MENTAL 16,614
HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 16,615
HEALTH SERVICES under division (B) of section 3722.16 of the 16,617
Revised Code. Members of the staff of an adult care facility 16,618
shall not administer medication to residents. No person shall be 16,619
admitted to or retained by an adult care facility unless the 16,620
person is capable of taking his THE PERSON'S own medication and 16,621
381
biologicals, as determined in writing by the person's personal 16,623
physician, except that a person may be admitted to or retained by 16,624
such a facility if his THE PERSON'S medication is administered by 16,626
a home health agency, hospice care program, or nursing home 16,627
staff, MENTAL HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, 16,628
AND MENTAL HEALTH SERVICES under division (B) of section 3722.16 16,630
of the Revised Code. Members of the staff of an adult care 16,631
facility may do any of the following:
(A) Remind a resident when to take medication and watch to 16,633
ensure that the resident follows the directions on the container; 16,634
(B) Assist a resident in the self-administration of 16,636
medication by taking the medication from the locked area where it 16,637
is stored, in accordance with rules adopted by the public health 16,638
council pursuant to this chapter, and handing it to the resident. 16,639
If the resident is physically unable to open the container, a 16,640
staff member may open the container for the resident. 16,641
(C) Assist a physically impaired but mentally alert 16,643
resident, such as a resident with arthritis, cerebral palsy, or 16,644
Parkinson's disease, in removing oral or topical medication from 16,645
containers and in consuming or applying the medication, upon 16,646
request by or with the consent of the resident. If a resident is 16,647
physically unable to place a dose of medicine to his THE 16,648
RESIDENT'S mouth without spilling it, a staff member may place 16,650
the dose in a container and place the container to the mouth of 16,651
the resident.
Sec. 3722.10. (A) The public health council shall have 16,660
the exclusive authority to adopt and shall, not later than 16,661
November 15, 1991, adopt rules in accordance with Chapter 119. of 16,662
the Revised Code governing the licensing and operation of adult 16,663
care facilities. The rules shall specify: 16,664
(1) Procedures for the issuance, renewal, and revocation 16,666
of licenses and temporary licenses, for the granting and denial 16,667
of waivers, and for the issuance and termination of orders of 16,668
suspension of admission pursuant to section 3722.07 of the 16,669
382
Revised Code; 16,670
(2) The qualifications required for owners, managers, and 16,672
employees of adult care facilities, including character, 16,673
training, education, experience, and financial resources and the 16,674
number of staff members required in a facility; 16,675
(3) Adequate space, equipment, safety, and sanitation 16,677
standards for the premises of adult care facilities, and fire 16,678
protection standards for adult family homes as required by 16,679
section 3722.041 of the Revised Code; 16,680
(4) The personal, social, dietary, and recreational 16,682
services to be provided to each resident of adult care 16,684
facilities. In the case of an adult care facility providing
personal care services to one or more individuals with mental 16,685
illness or with severe mental disabilities who are referred by or 16,686
are receiving mental health services from a mental health agency, 16,687
as defined in section 5119.22 of the Revised Code, the rules 16,688
shall require an affiliation agreement between the adult care 16,690
facility and the community mental health board or an affiliation 16,692
agreement approved by the community mental health board between 16,693
the adult care facility and the mental health agency. The 16,695
affiliation agreement must be consistent with the residential 16,696
portion of the community mental health plan submitted pursuant to 16,697
section 340.03 of the Revised Code.; 16,698
(5) Rights of residents of adult care facilities, in 16,700
addition to the rights enumerated under section 3722.12 of the 16,701
Revised Code, and procedures to protect and enforce the rights of 16,702
these residents; 16,703
(6) Provisions for keeping records of residents and for 16,705
maintaining the confidentiality of the records as required by 16,706
division (B) of section 3722.12 of the Revised Code. The 16,707
provisions for maintaining the confidentiality of records shall, 16,708
at the minimum, meet the requirements for maintaining the 16,709
confidentiality of records under Title XIX of the "Social 16,710
Security Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and 16,711
383
regulations promulgated thereunder. 16,712
(7) Measures to be taken by adult care facilities relative 16,714
to residents' medication, including policies and procedures 16,715
concerning medication, storage of medication in a locked area, 16,716
and disposal of medication and assistance with 16,717
self-administration of medication, if the facility provides 16,718
assistance; 16,719
(8) Requirements for initial and periodic health 16,721
assessments of prospective and current adult care facility 16,722
residents by physicians or other health professionals to ensure 16,723
that they do not require a level of care beyond that which is 16,724
provided by the adult care facility, including assessment of 16,725
their capacity to self-administer the medications prescribed for 16,726
them; 16,727
(9) Requirements relating to preparation of special diets; 16,729
(10) The amount of the fees for new and renewal license 16,731
applications made pursuant to sections 3722.02 and 3722.04 of the 16,732
Revised Code; 16,733
(11) Measures to be taken by any employee of the state or 16,735
any political subdivision of the state authorized by this chapter 16,736
to enter an adult care facility to inspect the facility or for 16,737
any other purpose, to ensure that the employee respects the 16,738
privacy and dignity of residents of the facility, cooperates with 16,739
residents of the facility and behaves in a congenial manner 16,740
toward them, and protects the rights of residents; 16,741
(12) HOW AN OWNER OR MANAGER OF AN ADULT CARE FACILITY IS 16,745
TO COMPLY WITH SECTION 3722.18 OF THE REVISED CODE. THE RULES
SHALL DO AT LEAST ALL OF THE FOLLOWING: 16,746
(a) ESTABLISH THE PROCEDURES AN OWNER OR MANAGER IS TO 16,748
FOLLOW UNDER DIVISION (A)(2) OF SECTION 3722.18 OF THE REVISED 16,749
CODE REGARDING REFERRALS TO THE FACILITY OF PROSPECTIVE RESIDENTS 16,750
WITH MENTAL ILLNESS OR SEVERE MENTAL DISABILITY AND EFFECTIVE 16,751
ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES FOR SUCH 16,752
PROSPECTIVE RESIDENTS. THE PROCEDURES MAY PROVIDE FOR ANY OF THE
384
FOLLOWING: 16,753
(i) THAT THE OWNER OR MANAGER SIGN WRITTEN AGREEMENTS WITH 16,755
THE MENTAL HEALTH AGENCIES AND BOARDS OF ALCOHOL, DRUG ADDICTION, 16,756
AND MENTAL HEALTH SERVICES THAT REFER SUCH PROSPECTIVE RESIDENTS 16,757
TO THE FACILITY. EACH AGREEMENT SHALL COVER ALL SUCH PROSPECTIVE 16,758
RESIDENTS REFERRED BY THE AGENCY OR BOARD WITH WHICH THE OWNER OR 16,759
MANAGER ENTERS INTO THE AGREEMENT.
(ii) THAT THE OWNER OR MANAGER SIGN AN INDIVIDUAL SERVICE 16,761
PLAN FOR EACH SUCH PROSPECTIVE RESIDENT REFERRED TO THE FACILITY; 16,762
(iii) ANY OTHER PROCESS REGARDING REFERRALS AND EFFECTIVE 16,764
ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES. 16,765
(b) SPECIFY THE DATE AN OWNER OR MANAGER MUST BEGIN TO 16,767
FOLLOW THE PROCEDURES ESTABLISHED BY DIVISION (A)(12)(a) OF THIS 16,768
SECTION; 16,769
(c) PROVIDE FOR MONITORING TO ENSURE THAT THE PROCEDURES 16,771
ESTABLISHED BY DIVISION (A)(12)(a) OF THIS SECTION ARE FOLLOWED 16,773
CORRECTLY.
(13) Any other rules necessary for the administration and 16,776
enforcement of this chapter. 16,777
(B) AFTER CONSULTING WITH RELEVANT CONSTITUENCIES, THE 16,779
DIRECTOR OF MENTAL HEALTH SHALL PREPARE AND SUBMIT TO THE PUBLIC 16,780
HEALTH COUNCIL RECOMMENDATIONS FOR THE CONTENT OF RULES TO BE 16,781
ADOPTED UNDER DIVISION (A)(12) OF THIS SECTION. AFTER REVIEWING 16,782
THE DIRECTOR OF MENTAL HEALTH'S RECOMMENDATIONS AND NOT LATER 16,784
THAN JULY 1, 2000, THE PUBLIC HEALTH COUNCIL SHALL ADOPT THE
RULES. 16,785
(C) The director of health shall advise adult care 16,787
facilities regarding compliance with the requirements of this 16,788
chapter and with the rules adopted pursuant to this chapter. 16,789
(C)(D) Any duty or responsibility imposed upon the 16,791
director of health by this chapter may be carried out by an 16,792
employee of the department of health. 16,793
(D)(E) Employees of the department of health may enter, 16,795
for the purposes of investigation, any institution, residence, 16,796
385
facility, or other structure which has been reported to the 16,797
department as, or that the department has reasonable cause to 16,798
believe is, operating as an adult care facility without a valid 16,799
license. 16,800
Sec. 3722.15. (A) Employees THE FOLLOWING MAY ENTER AN 16,809
ADULT CARE FACILITY AT ANY TIME: 16,810
(1) EMPLOYEES designated by the director of health, 16,813
employees;
(2) EMPLOYEES designated by the director of aging, 16,815
employees; 16,816
(3) EMPLOYEES designated by the attorney general, 16,819
employees;
(4) EMPLOYEES designated by a county department of human 16,822
services to implement sections 5101.60 to 5101.71 of the Revised 16,823
Code, and persons;
(5) PERSONS employed pursuant to division (M) of section 16,826
173.01 of the Revised Code in the long-term care facilities 16,827
ombudsman OMBUDSPERSON program may enter any adult care facility 16,829
at any time. These;
(6) EMPLOYEES OF THE DEPARTMENT OF MENTAL HEALTH 16,831
DESIGNATED BY THE DIRECTOR OF MENTAL HEALTH; 16,832
(7) EMPLOYEES OF A MENTAL HEALTH AGENCY, IF THE AGENCY HAS 16,836
A CLIENT RESIDING IN THE FACILITY;
(8) EMPLOYEES OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND 16,838
MENTAL HEALTH SERVICES, IF AN INDIVIDUAL RECEIVING MENTAL HEALTH 16,840
SERVICES PROVIDED BY THE BOARD PURSUANT TO DIVISION (A)(6)(b) OF 16,841
SECTION 340.03 OF THE REVISED CODE OR A MENTAL HEALTH AGENCY 16,842
UNDER CONTRACT WITH THE BOARD RESIDES IN THE FACILITY. 16,843
THESE employees shall be afforded access to all records of 16,847
the facility, including records pertaining to residents, and may 16,848
copy the records. Neither these employees nor the director of 16,849
health shall release, without consent, any information obtained 16,850
from the records of an adult care facility that reasonably would 16,851
tend to identify a specific resident of the facility, except as 16,852
386
ordered by a court of competent jurisdiction. 16,853
(B) The following persons may enter any adult care 16,855
facility during reasonable hours: 16,856
(1) A resident's sponsor; 16,858
(2) Residents' rights advocates; 16,860
(3) A resident's attorney; 16,862
(4) A minister, priest, rabbi, or other person ministering 16,864
to a resident's religious needs; 16,865
(5) A physician or other person providing health care 16,867
services to a resident; 16,868
(6) Employees authorized by county departments of human 16,870
services and local boards of health or health departments to 16,871
enter adult care facilities; 16,872
(7) A prospective resident and his PROSPECTIVE RESIDENT'S 16,874
sponsor. 16,875
(C) The manager of an adult care facility may require a 16,877
person seeking to enter the facility to present identification 16,878
sufficient to identify him THE PERSON as an authorized person 16,879
under this section. 16,881
Sec. 3722.16. (A) No person shall: 16,890
(1) Operate an adult care facility unless the facility is 16,892
validly licensed by the director of health under section 3722.04 16,893
of the Revised Code; 16,894
(2) Admit to an adult care facility more residents than 16,896
the number authorized in the facility's license; 16,897
(3) Admit a resident to an adult care facility after the 16,899
director has issued an order pursuant to section 3722.07 of the 16,900
Revised Code suspending admissions to the facility. Violation of 16,901
division (A)(3) of this section is cause for revocation of the 16,902
facility's license. 16,903
(4) Interfere with any authorized inspection of an adult 16,905
care facility conducted pursuant to section 3722.02 or 3722.04 of 16,906
the Revised Code; 16,907
(5) Violate any of the provisions of this chapter or any 16,909
387
of the rules adopted pursuant to it. 16,910
(B) No adult care facility shall provide, or admit or 16,912
retain any resident in need of, skilled nursing care unless all 16,913
of the following are the case: 16,914
(1) The care will be provided on a part-time, intermittent 16,916
basis for not more than a total of one hundred twenty days in any 16,917
twelve-month period by one or more of the following: 16,918
(a) A home health agency certified under Title XVIII of 16,920
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 16,921
as amended; 16,922
(b) A hospice care program licensed under Chapter 3712. of 16,924
the Revised Code; 16,925
(c) A nursing home licensed under Chapter 3721. of the 16,927
Revised Code and owned and operated by the same person and 16,928
located on the same site as the adult care facility; 16,929
(d) A MENTAL HEALTH AGENCY OR, PURSUANT TO DIVISION 16,932
(A)(6)(b) OF SECTION 340.03 OF THE REVISED CODE, A BOARD OF
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES. 16,934
(2) The staff of the home health agency, hospice care 16,936
program, or nursing home, MENTAL HEALTH AGENCY, OR BOARD OF 16,937
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES does not 16,938
train facility staff to provide the skilled nursing care; 16,940
(3) The individual to whom the skilled nursing care is 16,942
provided is suffering from a short-term illness; 16,943
(4) If the skilled nursing care is to be provided by the 16,945
nursing staff of a nursing home, all of the following are the 16,946
case: 16,947
(a) The adult care facility evaluates the individual 16,949
receiving the skilled nursing care at least once every seven days 16,950
to determine whether he THE INDIVIDUAL should be transferred to a 16,952
nursing home;
(b) The adult care facility meets at all times staffing 16,954
requirements established by rules adopted under section 3722.10 16,955
of the Revised Code; 16,956
388
(c) The nursing home does not include the cost of 16,958
providing skilled nursing care to the adult care facility 16,959
residents in a cost report filed under section 5111.26 of the 16,960
Revised Code; 16,961
(d) The nursing home meets at all times the nursing home 16,963
licensure staffing ratios established by rules adopted under 16,964
section 3721.04 of the Revised Code; 16,965
(e) The nursing home staff providing skilled nursing care 16,967
to adult care facility residents are registered nurses or 16,968
licensed practical nurses licensed under Chapter 4723. of the 16,969
Revised Code and meet the personnel qualifications for nursing 16,970
home staff established by rules adopted under section 3721.04 of 16,971
the Revised Code; 16,972
(f) The skilled nursing care is provided in accordance 16,974
with rules established for nursing homes under section 3721.04 of 16,975
the Revised Code; 16,976
(g) The nursing home meets the skilled nursing care needs 16,978
of the adult care facility residents; 16,979
(h) Using the nursing home's nursing staff does not 16,981
prevent the nursing home or adult care facility from meeting the 16,982
needs of the nursing home and adult care facility residents in a 16,983
quality and timely manner. 16,984
Notwithstanding section 3721.01 of the Revised Code, an 16,986
adult care facility in which residents receive skilled nursing 16,987
care as described in division (B) of this section is not a 16,988
nursing home. No adult care facility shall provide skilled 16,989
nursing care. 16,990
(C) A home health agency or hospice care program that 16,992
provides skilled nursing care pursuant to division (B) of this 16,993
section may not be associated with the adult care facility unless 16,994
the facility is part of a home for the aged as defined in section 16,995
5701.13 of the Revised Code or the adult care facility is owned 16,996
and operated by the same person and located on the same site as a 16,997
nursing home licensed under Chapter 3721. of the Revised Code 16,998
389
that is associated with the home health agency or hospice care 16,999
program. In addition, the following requirements shall be met: 17,000
(1) The adult care facility shall evaluate the individual 17,002
receiving the skilled nursing care not less than once every seven 17,003
days to determine whether he THE INDIVIDUAL should be transferred 17,005
to a nursing home; 17,006
(2) If the costs of providing the skilled nursing care are 17,008
included in a cost report filed pursuant to section 5111.26 of 17,009
the Revised Code by the nursing home that is part of the same 17,010
home for the aged, the home health agency or hospice care program 17,011
shall not seek reimbursement for the care under the medical 17,012
assistance program established under Chapter 5111. of the Revised 17,013
Code. 17,014
(D)(1) No person knowingly shall place or recommend 17,016
placement of any person in an adult care facility that is 17,017
operating without a license. 17,018
(2) No employee of a unit of local or state government or 17,020
a community, BOARD OF ALCOHOL, DRUG ADDICTION, AND mental health 17,022
board or SERVICES, mental health agency, OR PASSPORT 17,024
ADMINISTRATIVE AGENCY shall place or recommend placement of any 17,025
person in an adult care facility if the employee knows that the 17,026
facility cannot meet the needs of the potential resident. 17,027
(3) No person who has reason to believe that an adult care 17,029
facility is operating without a license shall fail to report this 17,030
information to the director of health. 17,031
(E) In accordance with Chapter 119. of the Revised Code, 17,034
the public health council shall adopt rules that define a 17,035
short-term illness for purposes of division (B)(3) of this 17,036
section and specify, consistent with rules pertaining to home 17,037
health care adopted by the director of human services under the 17,038
medical assistance program established under Chapter 5111. of the 17,039
Revised Code and Title XIX of the "Social Security Act," 49 Stat. 17,040
620 (1935), 42 U.S.C. 301, as amended, what constitutes a 17,041
part-time, intermittent basis for purposes of division (B)(1) of 17,042
390
this section. 17,043
Sec. 3722.18. BEFORE AN ADULT CARE FACILITY ADMITS A 17,045
PROSPECTIVE RESIDENT WHO THE OWNER OR MANAGER OF THE FACILITY 17,046
KNOWS HAS BEEN ASSESSED AS HAVING A MENTAL ILLNESS OR SEVERE 17,047
MENTAL DISABILITY, THE OWNER OR MANAGER SHALL DO THE FOLLOWING IN 17,048
ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (A)(12) OF SECTION 17,049
3722.10 OF THE REVISED CODE:
(A) IF THE PROSPECTIVE RESIDENT IS REFERRED TO THE 17,051
FACILITY BY A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 17,052
ADDICTION, AND MENTAL HEALTH SERVICES, DO THE FOLLOWING: 17,053
(1) EXCEPT IN AN EMERGENCY AND ONLY UNTIL THE DATE AN 17,055
OWNER OR MANAGER OF AN ADULT CARE FACILITY MUST BEGIN TO FOLLOW 17,056
PROCEDURES UNDER DIVISION (A)(2) OF THIS SECTION, ENTER INTO AN 17,057
AFFILIATION AGREEMENT WITH THE AGENCY OR BOARD. AN AFFILIATION 17,058
AGREEMENT WITH THE AGENCY IS SUBJECT TO THE BOARD'S APPROVAL. AN 17,059
AFFILIATION AGREEMENT MUST BE CONSISTENT WITH THE RESIDENTIAL 17,060
PORTION OF THE BOARD'S COMMUNITY MENTAL HEALTH PLAN SUBMITTED TO
THE DEPARTMENT OF MENTAL HEALTH UNDER SECTION 340.03 OF THE 17,061
REVISED CODE.
(2) BEGINNING ON THE DATE SPECIFIED IN RULES ADOPTED UNDER 17,063
DIVISION (A)(12) OF SECTION 3722.10 OF THE REVISED CODE, FOLLOW 17,064
PROCEDURES ESTABLISHED IN THOSE RULES REGARDING REFERRALS AND 17,065
EFFECTIVE ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES. 17,066
(B) IF THE PROSPECTIVE RESIDENT IS NOT REFERRED TO THE 17,068
FACILITY BY A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 17,069
ADDICTION, AND MENTAL HEALTH SERVICES, DOCUMENT THAT THE OWNER OR 17,070
MANAGER HAS OFFERED TO ASSIST THE PROSPECTIVE RESIDENT IN 17,071
OBTAINING APPROPRIATE MENTAL HEALTH SERVICES.
Sec. 3734.02. (A) The director of environmental 17,080
protection, in accordance with Chapter 119. of the Revised Code, 17,081
shall adopt and may amend, suspend, or rescind rules having 17,082
uniform application throughout the state governing solid waste 17,083
facilities and the inspections of and issuance of permits and 17,084
licenses for all solid waste facilities in order to ensure that 17,085
391
the facilities will be located, maintained, and operated, and 17,086
will undergo closure and post-closure care, in a sanitary manner 17,087
so as not to create a nuisance, cause or contribute to water 17,088
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 17,089
or 40 C.F.R. 257.3-8, as amended. The rules may include, without 17,090
limitation, financial assurance requirements for closure and 17,091
post-closure care and corrective action and requirements for 17,092
taking corrective action in the event of the surface or 17,093
subsurface discharge or migration of explosive gases or leachate 17,094
from a solid waste facility, or of ground water contamination 17,095
resulting from the transfer or disposal of solid wastes at a 17,096
facility, beyond the boundaries of any area within a facility 17,097
that is operating or is undergoing closure or post-closure care 17,098
where solid wastes were disposed of or are being disposed of. 17,099
The rules shall not concern or relate to personnel policies, 17,100
salaries, wages, fringe benefits, or other conditions of 17,101
employment of employees of persons owning or operating solid 17,102
waste facilities. The director, in accordance with Chapter 119. 17,103
of the Revised Code, shall adopt and may amend, suspend, or 17,104
rescind rules governing the issuance, modification, revocation, 17,105
suspension, or denial of variances from the director's solid 17,106
waste rules, including, without limitation, rules adopted under 17,108
this chapter governing the management of scrap tires. 17,109
Variances shall be issued, modified, revoked, suspended, or 17,111
rescinded in accordance with this division, rules adopted under 17,112
it, and Chapter 3745. of the Revised Code. The director may 17,113
order the person to whom a variance is issued to take such action 17,114
within such time as the director may determine to be appropriate 17,115
and reasonable to prevent the creation of a nuisance or a hazard 17,116
to the public health or safety or the environment. Applications 17,117
for variances shall contain such detail plans, specifications, 17,118
and information regarding objectives, procedures, controls, and 17,119
other pertinent data as the director may require. The director 17,120
shall grant a variance only if the applicant demonstrates to the 17,121
392
director's satisfaction that construction and operation of the 17,122
solid waste facility in the manner allowed by the variance and 17,123
any terms or conditions imposed as part of the variance will not 17,124
create a nuisance or a hazard to the public health or safety or 17,125
the environment. In granting any variance, the director shall 17,126
state the specific provision or provisions whose terms are to be 17,127
varied and also shall state specific terms or conditions imposed 17,128
upon the applicant in place of the provision or provisions. The 17,129
director may hold a public hearing on an application for a 17,130
variance or renewal of a variance at a location in the county 17,131
where the operations that are the subject of the application for 17,132
the variance are conducted. The director shall give not less 17,133
than twenty days' notice of the hearing to the applicant by 17,134
certified mail and shall publish at least one notice of the 17,135
hearing in a newspaper with general circulation in the county 17,136
where the hearing is to be held. The director shall make 17,137
available for public inspection at the principal office of the 17,138
environmental protection agency a current list of pending 17,139
applications for variances and a current schedule of pending 17,140
variance hearings. The director shall make a complete 17,141
stenographic record of testimony and other evidence submitted at 17,142
the hearing. Within ten days after the hearing, the director 17,143
shall make a written determination to issue, renew, or deny the 17,144
variance and shall enter the determination and the basis for it 17,145
into the record of the hearing. The director shall issue, renew, 17,146
or deny an application for a variance or renewal of a variance 17,147
within six months of the date upon which the director receives a 17,148
complete application with all pertinent information and data 17,149
required. No variance shall be issued, revoked, modified, or 17,150
denied until the director has considered the relative interests 17,151
of the applicant, other persons and property affected by the 17,152
variance, and the general public. Any variance granted under 17,153
this division shall be for a period specified by the director and 17,154
may be renewed from time to time on such terms and for such 17,155
393
periods as the director determines to be appropriate. No 17,156
application shall be denied and no variance shall be revoked or 17,157
modified without a written order stating the findings upon which 17,158
the denial, revocation, or modification is based. A copy of the 17,159
order shall be sent to the applicant or variance holder by 17,160
certified mail. 17,161
(B) The director shall prescribe and furnish the forms 17,163
necessary to administer and enforce this chapter. The director 17,164
may cooperate with and enter into agreements with other state, 17,165
local, or federal agencies to carry out the purposes of this 17,166
chapter. The director may exercise all incidental powers 17,167
necessary to carry out the purposes of this chapter. 17,168
The director may use moneys in the infectious waste 17,170
management fund created in section 3734.021 of the Revised Code 17,171
exclusively for administering and enforcing the provisions of 17,172
this chapter governing the management of infectious wastes. Of 17,173
each registration and renewal fee collected under rules adopted 17,174
under division (A)(2)(a) of section 3734.021 or under section 17,175
3734.022 of the Revised Code, the director, within forty-five 17,176
days of its receipt, shall remit from the fund one-half of the 17,177
fee received to the board of health of the health district in 17,178
which the registered premises is located, or, in the instance of 17,179
an infectious wastes transporter, to the board of health of the 17,180
health district in which the transporter's principal place of 17,181
business is located. However, if the board of health having 17,182
jurisdiction over a registrant's premises or principal place of 17,183
business is not on the approved list under section 3734.08 of the 17,184
Revised Code, the director shall not make that payment to the 17,185
board of health. 17,186
(C) Except as provided in this division and division 17,188
DIVISIONS (N)(2) AND (3) of this section, no person shall 17,189
establish a new solid waste facility or infectious waste 17,191
treatment facility, or modify an existing solid waste facility or 17,192
infectious waste treatment facility, without submitting an 17,193
394
application for a permit with accompanying detail plans, 17,194
specifications, and information regarding the facility and method 17,195
of operation and receiving a permit issued by the director, 17,196
except that no permit shall be required under this division to 17,197
install or operate a solid waste facility for sewage sludge 17,198
treatment or disposal when the treatment or disposal is 17,199
authorized by a current permit issued under Chapter 3704. or 17,200
6111. of the Revised Code.
No person shall continue to operate a solid waste facility 17,202
for which the director has denied a permit for which an 17,203
application was required under division (A)(3) of section 3734.05 17,204
of the Revised Code, or for which the director has disapproved 17,205
plans and specifications required to be filed by an order issued 17,206
under division (A)(5) of that section, after the date prescribed 17,207
for commencement of closure of the facility in the order issued 17,208
under division (A)(6) of section 3734.05 of the Revised Code 17,209
denying the permit application or approval. 17,210
On and after the effective date of the rules adopted under 17,212
division (A) of this section and division (D) of section 3734.12 17,213
of the Revised Code governing solid waste transfer facilities, no 17,214
person shall establish a new, or modify an existing, solid waste 17,215
transfer facility without first submitting an application for a 17,216
permit with accompanying engineering detail plans, 17,217
specifications, and information regarding the facility and its 17,218
method of operation to the director and receiving a permit issued 17,219
by the director. 17,220
No person shall establish a new compost facility or 17,222
continue to operate an existing compost facility that accepts 17,223
exclusively source separated yard wastes without submitting a 17,224
completed registration for the facility to the director in 17,225
accordance with rules adopted under division DIVISIONS (A) AND 17,227
(N)(3) of this section.
This division does not apply to an infectious waste 17,229
treatment facility that meets any of the following conditions: 17,230
395
(1) Is owned or operated by the generator of the wastes 17,232
and exclusively treats, by methods, techniques, and practices 17,233
established by rules adopted under division (C)(1) or (3) of 17,234
section 3734.021 of the Revised Code, wastes that are generated 17,235
at any premises owned or operated by that generator regardless of 17,236
whether the wastes are generated on the premises where the 17,237
generator's treatment facility is located or, if the generator is 17,238
a hospital as defined in section 3727.01 of the Revised Code, 17,239
infectious wastes that are described in division (A)(1)(g), (h), 17,240
or (i) of section 3734.021 of the Revised Code; 17,241
(2) Holds a license or renewal of a license to operate a 17,243
crematory facility issued under Chapter 4717. and a permit issued 17,245
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, 17,247
or the blood of animals, and is subject to any of the following: 17,248
(a) Inspection under the "Federal Meat Inspection Act," 81 17,250
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 17,251
(b) Chapter 918. of the Revised Code; 17,253
(c) Chapter 953. of the Revised Code. 17,255
(D) Neither this chapter nor any rules adopted under it 17,257
apply to single-family residential premises; to infectious wastes 17,258
generated by individuals for purposes of their own care or 17,259
treatment that are disposed of with solid wastes from the 17,260
individual's residence; to the temporary storage of solid wastes, 17,261
other than scrap tires, prior to their collection for disposal; 17,262
to the storage of one hundred or fewer scrap tires unless they 17,263
are stored in such a manner that, in the judgment of the director 17,264
or the board of health of the health district in which the scrap 17,265
tires are stored, the storage causes a nuisance, a hazard to 17,266
public health or safety, or a fire hazard; or to the collection 17,267
of solid wastes, other than scrap tires, by a political 17,268
subdivision or a person holding a franchise or license from a 17,269
political subdivision of the state; to composting, as defined in 17,270
section 1511.01 of the Revised Code, conducted in accordance with 17,271
396
section 1511.022 of the Revised Code; or to any person who is 17,272
licensed to transport raw rendering material to a compost 17,273
facility pursuant to section 953.23 of the Revised Code. 17,274
(E)(1) As used in this division and section 3734.18 of the 17,276
Revised Code: 17,277
(a) "On-site facility" means a facility that stores, 17,279
treats, or disposes of hazardous waste that is generated on the 17,280
premises of the facility. 17,281
(b) "Off-site facility" means a facility that stores, 17,283
treats, or disposes of hazardous waste that is generated off the 17,284
premises of the facility and includes such a facility that is 17,285
also an on-site facility. 17,286
(c) "Satellite facility" means any of the following: 17,288
(i) An on-site facility that also receives hazardous waste 17,290
from other premises owned by the same person who generates the 17,291
waste on the facility premises; 17,292
(ii) An off-site facility operated so that all of the 17,294
hazardous waste it receives is generated on one or more premises 17,295
owned by the person who owns the facility; 17,296
(iii) An on-site facility that also receives hazardous 17,298
waste that is transported uninterruptedly and directly to the 17,299
facility through a pipeline from a generator who is not the owner 17,300
of the facility. 17,301
(2) Except as provided in division (E)(3) of this section, 17,304
no person shall establish or operate a hazardous waste facility, 17,305
or use a solid waste facility for the storage, treatment, or 17,306
disposal of any hazardous waste, without a hazardous waste 17,307
facility installation and operation permit from the hazardous 17,308
waste facility board issued in accordance with section 3734.05 of 17,309
the Revised Code and subject to the payment of an application fee 17,310
not to exceed one thousand five hundred dollars, payable upon 17,311
application for a hazardous waste facility installation and 17,312
operation permit and upon application for a renewal permit issued 17,313
under division (H) of section 3734.05 of the Revised Code, to be 17,314
397
credited to the hazardous waste facility management fund created 17,315
in section 3734.18 of the Revised Code. The term of a hazardous 17,316
waste facility installation and operation permit shall not exceed 17,317
five years.
In addition to the application fee, there is hereby levied 17,319
an annual permit fee to be paid by the permit holder upon the 17,320
anniversaries of the date of issuance of the hazardous waste 17,321
facility installation and operation permit and of any subsequent 17,322
renewal permits and to be credited to the hazardous waste 17,323
facility management fund. Annual permit fees totaling forty 17,324
thousand dollars or more for any one facility may be paid on a 17,325
quarterly basis with the first quarterly payment each year being 17,326
due on the anniversary of the date of issuance of the hazardous 17,327
waste facility installation and operation permit and of any 17,328
subsequent renewal permits. The annual permit fee shall be 17,329
determined for each permit holder by the director in accordance 17,330
with the following schedule: 17,331
TYPE OF BASIC 17,333
MANAGEMENT UNIT TYPE OF FACILITY FEE 17,335
Storage facility using: 17,336
Containers On-site, off-site, and 17,337
satellite $ 500 17,338
Tanks On-site, off-site, and 17,339
satellite 500 17,340
Waste pile On-site, off-site, and 17,341
satellite 3,000 17,342
Surface impoundment On-site and satellite 8,000 17,343
Off-site 10,000 17,344
Disposal facility using: 17,345
Deep well injection On-site and satellite 15,000 17,346
Off-site 25,000 17,347
Landfill On-site and satellite 25,000 17,348
Off-site 40,000 17,349
Land application On-site and satellite 2,500 17,350
398
Off-site 5,000 17,351
Surface impoundment On-site and satellite 10,000 17,352
Off-site 20,000 17,353
Treatment facility using: 17,354
Tanks On-site, off-site, and 17,355
satellite 700 17,356
Surface impoundment On-site and satellite 8,000 17,357
Off-site 10,000 17,358
Incinerator On-site and satellite 5,000 17,359
Off-site 17,360
Other forms 17,361
of treatment On-site, off-site, and 17,362
satellite 1,000 17,363
In determining the annual permit fee required by this 17,366
section, the director shall not require additional payments for 17,367
multiple units of the same method of storage, treatment, or 17,368
disposal or for individual units that are used for both storage 17,369
and treatment. A facility using more than one method of storage, 17,370
treatment, or disposal shall pay the permit fee indicated by the 17,371
schedule for each such method. 17,372
The director shall not require the payment of that portion 17,374
of an annual permit fee of any permit holder that would apply to 17,375
a hazardous waste management unit for which a permit has been 17,376
issued, but for which construction has not yet commenced. Once 17,377
construction has commenced, the director shall require the 17,378
payment of a part of the appropriate fee indicated by the 17,379
schedule that bears the same relationship to the total fee that 17,380
the number of days remaining until the next anniversary date at 17,381
which payment of the annual permit fee is due bears to three 17,382
hundred sixty-five. 17,383
The director, by rules adopted in accordance with Chapters 17,385
119. and 3745. of the Revised Code, shall prescribe procedures 17,386
for collecting the annual permit fee established by this division 17,387
and may prescribe other requirements necessary to carry out this 17,388
399
division. 17,389
(3) The prohibition against establishing or operating a 17,391
hazardous waste facility without a hazardous waste facility 17,393
installation and operation permit from the board does not apply 17,395
to either of the following:
(a) A facility that is operating in accordance with a 17,397
permit renewal issued under division (H) of section 3734.05 of 17,399
the Revised Code, a revision issued under division (I) of that 17,401
section as it existed prior to August 20, 1996, or a modification 17,403
issued by the director under division (I) of that section on and 17,404
after August 20, 1996; 17,405
(b) Except as provided in division (J) of section 3734.05 17,408
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 17,410
permit requirements, under rules adopted by the director. In 17,411
accordance with Chapter 119. of the Revised Code, the director 17,414
shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division (E)(3)(b) of this section. 17,416
Any rules so adopted shall be consistent with and equivalent to 17,417
regulations pertaining to interim status adopted under the 17,418
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 17,420
42 U.S.C.A. 6921, as amended, except as otherwise provided in 17,422
this chapter.
If a modification is requested or proposed for a facility 17,424
described in division (E)(3)(a) or (b) of this section, division 17,426
(I)(8) of section 3734.05 of the Revised Code applies. 17,427
(F) No person shall store, treat, or dispose of hazardous 17,429
waste identified or listed under this chapter and rules adopted 17,430
under it, regardless of whether generated on or off the premises 17,431
where the waste is stored, treated, or disposed of, or transport 17,432
or cause to be transported any hazardous waste identified or 17,433
listed under this chapter and rules adopted under it to any other 17,434
premises, except at or to any of the following: 17,435
(1) A hazardous waste facility operating under a permit 17,437
400
issued in accordance with this chapter; 17,438
(2) A facility in another state operating under a license 17,440
or permit issued in accordance with the "Resource Conservation 17,441
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 17,442
amended; 17,443
(3) A facility in another nation operating in accordance 17,445
with the laws of that nation; 17,446
(4) A facility holding a permit issued pursuant to Title I 17,448
of the "Marine Protection, Research, and Sanctuaries Act of 17,449
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; 17,450
(5) A hazardous waste facility as described in division 17,452
(E)(3)(a) or (b) of this section. 17,453
(G) The director, by order, may exempt any person 17,455
generating, collecting, storing, treating, disposing of, or 17,456
transporting solid wastes or hazardous waste, or processing solid 17,457
wastes that consist of scrap tires, in such quantities or under 17,458
such circumstances that, in the determination of the director, 17,459
are unlikely to adversely affect the public health or safety or 17,460
the environment from any requirement to obtain a registration 17,461
certificate, permit, or license or comply with the manifest 17,462
system or other requirements of this chapter. Such an exemption 17,463
shall be consistent with and equivalent to any regulations 17,464
adopted by the administrator of the United States environmental 17,465
protection agency under the "Resource Conservation and Recovery 17,466
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except 17,467
as otherwise provided in this chapter. 17,468
(H) No person shall engage in filling, grading, 17,470
excavating, building, drilling, or mining on land where a 17,471
hazardous waste facility, or a solid waste facility, was operated 17,472
without prior authorization from the director, who shall 17,473
establish the procedure for granting such authorization by rules 17,474
adopted in accordance with Chapter 119. of the Revised Code. 17,475
A public utility that has main or distribution lines above 17,477
or below the land surface located on an easement or right-of-way 17,478
401
across land where a solid waste facility was operated may engage 17,479
in any such activity within the easement or right-of-way without 17,480
prior authorization from the director for purposes of performing 17,481
emergency repair or emergency replacement of its lines; of the 17,482
poles, towers, foundations, or other structures supporting or 17,483
sustaining any such lines; or of the appurtenances to those 17,484
structures, necessary to restore or maintain existing public 17,485
utility service. A public utility may enter upon any such 17,486
easement or right-of-way without prior authorization from the 17,487
director for purposes of performing necessary or routine 17,488
maintenance of those portions of its existing lines; of the 17,489
existing poles, towers, foundations, or other structures 17,490
sustaining or supporting its lines; or of the appurtenances to 17,491
any such supporting or sustaining structure, located on or above 17,492
the land surface on any such easement or right-of-way. Within 17,493
twenty-four hours after commencing any such emergency repair, 17,494
replacement, or maintenance work, the public utility shall notify 17,496
the director or the director's authorized representative of those 17,497
activities and shall provide such information regarding those 17,498
activities as the director or the director's representative may 17,500
request. Upon completion of the emergency repair, replacement, 17,501
or maintenance activities, the public utility shall restore any 17,502
land of the solid waste facility disturbed by those activities to 17,503
the condition existing prior to the commencement of those 17,504
activities. 17,505
(I) No owner or operator of a hazardous waste facility, in 17,507
the operation of the facility, shall cause, permit, or allow the 17,508
emission therefrom of any particulate matter, dust, fumes, gas, 17,509
mist, smoke, vapor, or odorous substance that, in the opinion of 17,510
the director, unreasonably interferes with the comfortable 17,511
enjoyment of life or property by persons living or working in the 17,512
vicinity of the facility, or that is injurious to public health. 17,513
Any such action is hereby declared to be a public nuisance. 17,514
(J) Notwithstanding any other provision of this chapter, 17,516
402
in the event the director finds an imminent and substantial 17,517
danger to public health or safety or the environment that creates 17,518
an emergency situation requiring the immediate treatment, 17,519
storage, or disposal of hazardous waste, the director may issue a 17,520
temporary emergency permit to allow the treatment, storage, or 17,521
disposal of the hazardous waste at a facility that is not 17,522
otherwise authorized by a hazardous waste facility installation 17,523
and operation permit to treat, store, or dispose of the waste. 17,524
The emergency permit shall not exceed ninety days in duration and 17,525
shall not be renewed. The director shall adopt, and may amend, 17,526
suspend, or rescind, rules in accordance with Chapter 119. of the 17,527
Revised Code governing the issuance, modification, revocation, 17,528
and denial of emergency permits. 17,529
(K) No owner or operator of a sanitary landfill shall 17,531
knowingly accept for disposal, or dispose of, any infectious 17,532
wastes, other than those subject to division (A)(1)(c) of section 17,533
3734.021 of the Revised Code, that have not been treated to 17,534
render them noninfectious. For the purposes of this division, 17,535
certification by the owner or operator of the treatment facility 17,536
where the wastes were treated on the shipping paper required by 17,537
rules adopted under division (D)(2) of that section creates a 17,538
rebuttable presumption that the wastes have been so treated. 17,539
(L) The director, in accordance with Chapter 119. of the 17,541
Revised Code, shall adopt, and may amend, suspend, or rescind, 17,542
rules having uniform application throughout the state 17,543
establishing a training and certification program that shall be 17,544
required for employees of boards of health who are responsible 17,545
for enforcing the solid waste and infectious waste provisions of 17,546
this chapter and rules adopted under them and for persons who are 17,547
responsible for the operation of solid waste facilities or 17,548
infectious waste treatment facilities. The rules shall provide 17,549
all of the following, without limitation: 17,550
(1) The program shall be administered by the director and 17,552
shall consist of a course on new solid waste and infectious waste 17,553
403
technologies, enforcement procedures, and rules; 17,554
(2) The course shall be offered on an annual basis; 17,556
(3) Those persons who are required to take the course 17,558
under division (L) of this section shall do so triennially; 17,559
(4) Persons who successfully complete the course shall be 17,561
certified by the director; 17,562
(5) Certification shall be required for all employees of 17,564
boards of health who are responsible for enforcing the solid 17,565
waste or infectious waste provisions of this chapter and rules 17,566
adopted under them and for all persons who are responsible for 17,567
the operation of solid waste facilities or infectious waste 17,568
treatment facilities; 17,569
(6)(a) All employees of a board of health who, on the 17,571
effective date of the rules adopted under this division, are 17,572
responsible for enforcing the solid waste or infectious waste 17,573
provisions of this chapter and the rules adopted under them shall 17,574
complete the course and be certified by the director not later 17,575
than January 1, 1995; 17,576
(b) All employees of a board of health who, after the 17,578
effective date of the rules adopted under division (L) of this 17,580
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted 17,582
under them and who do not hold a current and valid certification 17,583
from the director at that time shall complete the course and be 17,584
certified by the director within two years after becoming 17,585
responsible for performing those activities. 17,586
No person shall fail to obtain the certification required 17,588
under this division. 17,589
(M) The director shall not issue a permit under section 17,591
3734.05 of the Revised Code to establish a solid waste facility, 17,592
or to modify a solid waste facility operating on December 21, 17,593
1988, in a manner that expands the disposal capacity or 17,594
geographic area covered by the facility, that is or is to be 17,595
located within the boundaries of a state park established or 17,596
404
dedicated under Chapter 1541. of the Revised Code, a state park 17,597
purchase area established under section 1541.02 of the Revised 17,598
Code, any unit of the national park system, or any property that 17,599
lies within the boundaries of a national park or recreation area, 17,600
but that has not been acquired or is not administered by the 17,601
secretary of the United States department of the interior, 17,602
located in this state, or any candidate area located in this 17,603
state and identified for potential inclusion in the national park 17,604
system in the edition of the "national park system plan" 17,605
submitted under paragraph (b) of section 8 of "The Act of August 17,606
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at 17,607
the time of filing of the application for the permit, unless the 17,608
facility or proposed facility is or is to be used exclusively for 17,609
the disposal of solid wastes generated within the park or 17,610
recreation area and the director determines that the facility or 17,611
proposed facility will not degrade any of the natural or cultural 17,612
resources of the park or recreation area. The director shall not 17,613
issue a variance under division (A) of this section and rules 17,614
adopted under it, or issue an exemption order under division (G) 17,615
of this section, that would authorize any such establishment or 17,616
expansion of a solid waste facility within the boundaries of any 17,617
such park or recreation area, state park purchase area, or 17,618
candidate area, other than a solid waste facility exclusively for 17,619
the disposal of solid wastes generated within the park or 17,620
recreation area when the director determines that the facility 17,621
will not degrade any of the natural or cultural resources of the 17,622
park or recreation area. 17,623
(N)(1) The rules adopted under division (A) of this 17,625
section, other than those governing variances, do not apply to 17,626
scrap tire collection, storage, monocell, monofill, and recovery 17,627
facilities. Those facilities are subject to and governed by 17,628
rules adopted under sections 3734.70 to 3734.73 of the Revised 17,629
Code, as applicable. 17,630
(2) Division (C) of this section does not apply to scrap 17,632
405
tire collection, storage, monocell, monofill, and recovery 17,633
facilities. The establishment and modification of those 17,634
facilities are subject to sections 3734.75 to 3734.78 and section 17,635
3734.81 of the Revised Code, as applicable. 17,636
(3) THE DIRECTOR MAY ADOPT, AMEND, SUSPEND, OR RESCIND 17,638
RULES UNDER DIVISION (A) OF THIS SECTION CREATING AN ALTERNATIVE 17,640
SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, OR 17,641
MODIFICATION OF A SOLID WASTE COMPOST FACILITY IN LIEU OF THE 17,642
REQUIREMENT THAT A PERSON SEEKING TO ESTABLISH, OPERATE, OR 17,643
MODIFY A SOLID WASTE COMPOST FACILITY APPLY FOR AND RECEIVE A 17,644
PERMIT UNDER DIVISION (C) OF THIS SECTION AND SECTION 3734.05 OF 17,645
THE REVISED CODE AND A LICENSE UNDER DIVISION (A)(1) OF THAT 17,647
SECTION. THE RULES MAY INCLUDE REQUIREMENTS GOVERNING, WITHOUT 17,648
LIMITATION, THE CLASSIFICATION OF SOLID WASTE COMPOST FACILITIES, 17,650
THE SUBMITTAL OF OPERATING RECORDS FOR SOLID WASTE COMPOST 17,651
FACILITIES, AND THE CREATION OF A REGISTRATION OR NOTIFICATION 17,652
SYSTEM IN LIEU OF THE ISSUANCE OF PERMITS AND LICENSES FOR SOLID 17,653
WASTE COMPOST FACILITIES. THE RULES SHALL SPECIFY THE 17,654
APPLICABILITY OF DIVISIONS (A)(1), (2)(a), (3), AND (4) OF 17,656
SECTION 3734.05 OF THE REVISED CODE TO A SOLID WASTE COMPOST 17,657
FACILITY.
Sec. 3734.05. (A)(1) Except as provided in divisions 17,666
(A)(4), (8), and (9) of this section, no person shall operate or 17,668
maintain a solid waste facility without a license issued under
this division by the board of health of the health district in 17,669
which the facility is located or by the director of environmental 17,670
protection when the health district in which the facility is 17,671
located is not on the approved list under section 3734.08 of the 17,672
Revised Code. 17,673
During the month of December, but before the first day of 17,675
January of the next year, every person proposing to continue to 17,676
operate an existing solid waste facility shall procure a license 17,677
under this division to operate the facility for that year from 17,678
the board of health of the health district in which the facility 17,679
406
is located or, if the health district is not on the approved list 17,680
under section 3734.08 of the Revised Code, from the director. 17,681
The application for such a license shall be submitted to the 17,682
board of health or to the director, as appropriate, on or before 17,683
the last day of September of the year preceding that for which 17,684
the license is sought. In addition to the application fee 17,685
prescribed in division (A)(2) of this section, a person who 17,686
submits an application after that date shall pay an additional 17,687
ten per cent of the amount of the application fee for each week 17,688
that the application is late. Late payment fees accompanying an 17,689
application submitted to the board of health shall be credited to 17,690
the special fund of the health district created in division (B) 17,691
of section 3734.06 of the Revised Code, and late payment fees 17,692
accompanying an application submitted to the director shall be 17,693
credited to the general revenue fund. A person who has received 17,694
a license, upon sale or disposition of a solid waste facility, 17,695
and upon consent of the board of health and the director, may 17,696
have the license transferred to another person. The board of 17,697
health or the director may include such terms and conditions in a 17,698
license or revision to a license as are appropriate to ensure 17,699
compliance with this chapter and rules adopted under it. The 17,700
terms and conditions may establish the authorized maximum daily 17,701
waste receipts for the facility. Limitations on maximum daily 17,702
waste receipts shall be specified in cubic yards of volume for 17,703
the purpose of regulating the design, construction, and operation 17,704
of solid waste facilities. Terms and conditions included in a 17,705
license or revision to a license by a board of health shall be 17,706
consistent with, and pertain only to the subjects addressed in, 17,707
the rules adopted under division (A) of section 3734.02 and 17,708
division (D) of section 3734.12 of the Revised Code. 17,709
(2)(a) Except as provided in divisions (A)(2)(b), (8), and 17,711
(9) of this section, each person proposing to open a new solid 17,713
waste facility or to modify an existing solid waste facility 17,714
shall submit an application for a permit with accompanying detail 17,715
407
plans and specifications to the environmental protection agency 17,716
for required approval under the rules adopted by the director 17,717
pursuant to division (A) of section 3734.02 of the Revised Code 17,718
and applicable rules adopted under division (D) of section 17,719
3734.12 of the Revised Code at least two hundred seventy days 17,720
before proposed operation of the facility and shall concurrently 17,721
make application for the issuance of a license under division 17,722
(A)(1) of this section with the board of health of the health 17,723
district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted 17,725
under division (A) of section 3734.02 of the Revised Code and 17,726
division (D) of section 3734.12 of the Revised Code governing 17,727
solid waste transfer facilities, each person proposing to open a 17,728
new solid waste transfer facility or to modify an existing solid 17,729
waste transfer facility shall submit an application for a permit 17,730
with accompanying engineering detail plans, specifications, and 17,731
information regarding the facility and its method of operation to 17,732
the environmental protection agency for required approval under 17,733
those rules at least two hundred seventy days before commencing 17,734
proposed operation of the facility and concurrently shall make 17,735
application for the issuance of a license under division (A)(1) 17,736
of this section with the board of health of the health district 17,737
in which the facility is located or proposed. 17,738
(c) Each application for a permit under division (A)(2)(a) 17,740
or (b) of this section shall be accompanied by a nonrefundable 17,741
application fee of four hundred dollars that shall be credited to 17,742
the general revenue fund. Each application for an annual license 17,743
under division (A)(1) or (2) of this section shall be accompanied 17,744
by a nonrefundable application fee of one hundred dollars. If 17,745
the application for an annual license is submitted to a board of 17,746
health on the approved list under section 3734.08 of the Revised 17,747
Code, the application fee shall be credited to the special fund 17,748
of the health district created in division (B) of section 3734.06 17,749
of the Revised Code. If the application for an annual license is 17,750
408
submitted to the director, the application fee shall be credited 17,751
to the general revenue fund. If a permit or license is issued, 17,752
the amount of the application fee paid shall be deducted from the 17,753
amount of the permit fee due under division (Q) of section 17,755
3745.11 of the Revised Code or the amount of the license fee due 17,756
under division (A)(1), (2), (3), or (4) of section 3734.06 of the 17,757
Revised Code. 17,758
(d) As used in divisions (A)(2)(d), (e), and (f) of this 17,760
section, "modify" means any of the following: 17,761
(i) Any increase of more than ten per cent in the total 17,763
capacity of a solid waste facility; 17,764
(ii) Any expansion of the limits of solid waste placement 17,766
at a solid waste facility; 17,767
(iii) Any increase in the depth of excavation at a solid 17,769
waste facility; 17,770
(iv) Any change in the technique of waste receipt or type 17,772
of waste received at a solid waste facility that may endanger 17,773
human health, as determined by the director by rules adopted in 17,774
accordance with Chapter 119. of the Revised Code. 17,775
Not later than thirty-five days after submitting an 17,777
application under division (A)(2)(a) or (b) of this section for a 17,778
permit to open a new or modify an existing solid waste facility, 17,779
the applicant, in conjunction with an officer or employee of the 17,780
environmental protection agency, shall hold a public meeting on 17,781
the application within the county in which the new or modified 17,782
solid waste facility is or is proposed to be located or within a 17,783
contiguous county. Not less than thirty days before holding the 17,784
public meeting on the application, the applicant shall publish 17,785
notice of the meeting in each newspaper of general circulation 17,786
that is published in the county in which the facility is or is 17,787
proposed to be located. If no newspaper of general circulation 17,788
is published in the county, the applicant shall publish the 17,789
notice in a newspaper of general circulation in the county. The 17,790
notice shall contain the date, time, and location of the public 17,791
409
meeting and a general description of the proposed new or modified 17,792
facility. Not later than five days after publishing the notice, 17,793
the applicant shall send by certified mail a copy of the notice 17,794
and the date the notice was published to the director and the 17,795
legislative authority of each municipal corporation, township, 17,796
and county, and to the chief executive officer of each municipal 17,797
corporation, in which the facility is or is proposed to be 17,798
located. At the public meeting, the applicant shall provide 17,799
information and describe the application and respond to comments 17,800
or questions concerning the application, and the officer or 17,801
employee of the agency shall describe the permit application 17,802
process. At the public meeting, any person may submit written or 17,803
oral comments on or objections to the application. Not more than 17,804
thirty days after the public meeting, the applicant shall provide 17,805
the director with a copy of a transcript of the full meeting, 17,806
copies of any exhibits, displays, or other materials presented by 17,807
the applicant at the meeting, and the original copy of any 17,808
written comments submitted at the meeting. 17,809
(e) Except as provided in division (A)(2)(f) of this 17,811
section, prior to taking an action, other than a proposed or 17,812
final denial, upon an application submitted under division 17,813
(A)(2)(a) of this section for a permit to open a new or modify an 17,814
existing solid waste facility, the director shall hold a public 17,815
information session and a public hearing on the application 17,816
within the county in which the new or modified solid waste 17,817
facility is or is proposed to be located or within a contiguous 17,818
county. If the application is for a permit to open a new solid 17,819
waste facility, the director shall hold the hearing not less than 17,820
fourteen days after the information session. If the application 17,821
is for a permit to modify an existing solid waste facility, the 17,822
director may hold both the information session and the hearing on 17,823
the same day unless any individual affected by the application 17,824
requests in writing that the information session and the hearing 17,825
not be held on the same day, in which case the director shall 17,826
410
hold the hearing not less than fourteen days after the 17,827
information session. The director shall publish notice of the 17,828
public information session or public hearing not less than thirty 17,829
days before holding the information session or hearing, as 17,830
applicable. The notice shall be published in each newspaper of 17,831
general circulation that is published in the county in which the 17,832
facility is or is proposed to be located. If no newspaper of 17,833
general circulation is published in the county, the director 17,834
shall publish the notice in a newspaper of general circulation in 17,835
the county. The notice shall contain the date, time, and 17,836
location of the information session or hearing, as applicable, 17,837
and a general description of the proposed new or modified 17,838
facility. At the public information session, an officer or 17,839
employee of the environmental protection agency shall describe 17,840
the status of the permit application and be available to respond 17,841
to comments or questions concerning the application. At the 17,842
public hearing, any person may submit written or oral comments on 17,843
or objections to the approval of the application. The applicant, 17,844
or a representative of the applicant who has knowledge of the 17,845
location, construction, and operation of the facility, shall 17,846
attend the information session and public hearing to respond to 17,847
comments or questions concerning the facility directed to the 17,848
applicant or representative by the officer or employee of the 17,850
environmental protection agency presiding at the information 17,851
session and hearing.
(f) The solid waste management policy committee of a 17,853
county or joint solid waste management district may adopt a 17,854
resolution requesting expeditious consideration of a specific 17,855
application submitted under division (A)(2)(a) of this section 17,856
for a permit to modify an existing solid waste facility within 17,857
the district. The resolution shall make the finding that 17,858
expedited consideration of the application without the public 17,859
information session and public hearing under division (A)(2)(e) 17,860
of this section is in the public interest and will not endanger 17,861
411
human health, as determined by the director by rules adopted in 17,862
accordance with Chapter 119. of the Revised Code. Upon receiving 17,863
such a resolution, the director, at the director's discretion, 17,865
may issue a final action upon the application without holding a 17,866
public information session or public hearing pursuant to division 17,867
(A)(2)(e) of this section. 17,868
(3) Except as provided in division (A)(10) of this 17,870
section, and unless the owner or operator of any solid waste 17,871
facility, other than a solid waste transfer facility or a compost 17,872
facility that accepts exclusively source separated yard wastes, 17,873
that commenced operation on or before July 1, 1968, has obtained 17,874
an exemption from the requirements of division (A)(3) of this 17,875
section in accordance with division (G) of section 3734.02 of the 17,876
Revised Code, the owner or operator shall submit to the director 17,878
an application for a permit with accompanying engineering detail 17,879
plans, specifications, and information regarding the facility and 17,880
its method of operation for approval under rules adopted under 17,881
division (A) of section 3734.02 of the Revised Code and 17,882
applicable rules adopted under division (D) of section 3734.12 of 17,883
the Revised Code in accordance with the following schedule: 17,884
(a) Not later than September 24, 1988, if the facility is 17,886
located in the city of Garfield Heights or Parma in Cuyahoga 17,887
county; 17,888
(b) Not later than December 24, 1988, if the facility is 17,890
located in Delaware, Greene, Guernsey, Hamilton, Madison, 17,891
Mahoning, Ottawa, or Vinton county; 17,892
(c) Not later than March 24, 1989, if the facility is 17,894
located in Champaign, Clinton, Columbiana, Huron, Paulding, 17,895
Stark, or Washington county, or is located in the city of 17,896
Brooklyn or Cuyahoga Heights in Cuyahoga county; 17,897
(d) Not later than June 24, 1989, if the facility is 17,899
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 17,900
Lucas, or Summit county or is located in Cuyahoga county outside 17,901
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga 17,902
412
Heights; 17,903
(e) Not later than September 24, 1989, if the facility is 17,905
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 17,906
county; 17,907
(f) Not later than December 24, 1989, if the facility is 17,909
located in a county not listed in divisions (A)(3)(a) to (e) of 17,910
this section; 17,911
(g) Notwithstanding divisions (A)(3)(a) to (f) of this 17,913
section, not later than December 31, 1990, if the facility is a 17,914
solid waste facility owned by a generator of solid wastes when 17,915
the solid waste facility exclusively disposes of solid wastes 17,916
generated at one or more premises owned by the generator 17,917
regardless of whether the facility is located on a premises where 17,918
the wastes are generated and if the facility disposes of more 17,919
than one hundred thousand tons of solid wastes per year, provided 17,920
that any such facility shall be subject to division (A)(5) of 17,921
this section. 17,922
(4) Except as provided in divisions (A)(8), (9), and (10) 17,924
of this section, unless the owner or operator of any solid waste 17,926
facility for which a permit was issued after July 1, 1968, but 17,927
before January 1, 1980, has obtained an exemption from the 17,928
requirements of division (A)(4) of this section under division 17,929
(G) of section 3734.02 of the Revised Code, the owner or operator 17,931
shall submit to the director an application for a permit with 17,932
accompanying engineering detail plans, specifications, and 17,933
information regarding the facility and its method of operation 17,934
for approval under those rules. 17,935
(5) The director may issue an order in accordance with 17,937
Chapter 3745. of the Revised Code to the owner or operator of a 17,938
solid waste facility requiring the person to submit to the 17,939
director updated engineering detail plans, specifications, and 17,940
information regarding the facility and its method of operation 17,941
for approval under rules adopted under division (A) of section 17,942
3734.02 of the Revised Code and applicable rules adopted under 17,943
413
division (D) of section 3734.12 of the Revised Code if, in the 17,944
director's judgment, conditions at the facility constitute a 17,945
substantial threat to public health or safety or are causing or 17,946
contributing to or threatening to cause or contribute to air or 17,947
water pollution or soil contamination. Any person who receives 17,948
such an order shall submit the updated engineering detail plans, 17,949
specifications, and information to the director within one 17,950
hundred eighty days after the effective date of the order. 17,951
(6) The director shall act upon an application submitted 17,953
under division (A)(3) or (4) of this section and any updated 17,954
engineering plans, specifications, and information submitted 17,955
under division (A)(5) of this section within one hundred eighty 17,956
days after receiving them. If the director denies any such 17,957
permit application, the order denying the application or 17,959
disapproving the plans shall include the requirements that the 17,960
owner or operator submit a plan for closure and post-closure care 17,961
of the facility to the director for approval within six months 17,962
after issuance of the order, cease accepting solid wastes for 17,963
disposal or transfer at the facility, and commence closure of the 17,964
facility not later than one year after issuance of the order. If 17,965
the director determines that closure of the facility within that 17,966
one-year period would result in the unavailability of sufficient 17,967
solid waste management facility capacity within the county or 17,968
joint solid waste management district in which the facility is 17,969
located to dispose of or transfer the solid waste generated 17,970
within the district, the director in the order of denial or 17,972
disapproval may postpone commencement of closure of the facility 17,973
for such period of time as the director finds necessary for the 17,974
board of county commissioners or directors of the district to 17,976
secure access to or for there to be constructed within the 17,977
district sufficient solid waste management facility capacity to 17,978
meet the needs of the district, provided that the director shall 17,979
certify in the director's order that postponing the date for 17,980
commencement of closure will not endanger ground water or any 17,981
414
property surrounding the facility, allow methane gas migration to 17,982
occur, or cause or contribute to any other type of environmental 17,983
damage.
If an emergency need for disposal capacity that may affect 17,985
public health and safety exists as a result of closure of a 17,986
facility under division (A)(6) of this section, the director may 17,987
issue an order designating another solid waste facility to accept 17,988
the wastes that would have been disposed of at the facility to be 17,989
closed. 17,990
(7) If the director determines that standards more 17,992
stringent than those applicable in rules adopted under division 17,993
(A) of section 3734.02 of the Revised Code and division (D) of 17,994
section 3734.12 of the Revised Code, or standards pertaining to 17,995
subjects not specifically addressed by those rules, are necessary 17,996
to ensure that a solid waste facility constructed at the proposed 17,997
location will not cause a nuisance, cause or contribute to water 17,998
pollution, or endanger public health or safety, the director may 18,000
issue a permit for the facility with such terms and conditions as 18,001
the director finds necessary to protect public health and safety 18,002
and the environment. If a permit is issued, the director shall 18,004
state in the order issuing it the specific findings supporting 18,005
each such term or condition. 18,006
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section 18,008
do not apply to a solid waste compost facility that accepts 18,009
exclusively source separated yard wastes and that is registered 18,010
under division (C) of section 3734.02 of the Revised Code OR, 18,012
UNLESS OTHERWISE PROVIDED IN RULES ADOPTED UNDER DIVISION (N)(3) 18,013
OF SECTION 3734.02 OF THE REVISED CODE, TO A SOLID WASTE COMPOST 18,014
FACILITY IF THE DIRECTOR HAS ADOPTED RULES ESTABLISHING AN 18,015
ALTERNATIVE SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, 18,016
OR MODIFICATION OF A SOLID WASTE COMPOST FACILITY UNDER THAT 18,017
DIVISION. 18,018
(9) Divisions (A)(1) to (7) of this section do not apply 18,020
to scrap tire collection, storage, monocell, monofill, and 18,021
415
recovery facilities. The approval of plans and specifications, 18,022
as applicable, and the issuance of registration certificates, 18,023
permits, and licenses for those facilities are subject to 18,024
sections 3734.75 to 3734.78 of the Revised Code, as applicable, 18,025
and section 3734.81 of the Revised Code. 18,026
(10) Divisions (A)(3) and (4) of this section do not apply 18,028
to a solid waste incinerator that was placed into operation on or 18,030
before October 12, 1994, and that is not authorized to accept and 18,031
treat infectious wastes pursuant to division (B) of this section. 18,033
(B)(1) Each person who is engaged in the business of 18,035
treating infectious wastes for profit at a treatment facility 18,036
located off the premises where the wastes are generated that is 18,037
in operation on August 10, 1988, and who proposes to continue 18,038
operating the facility shall submit to the board of health of the 18,039
health district in which the facility is located an application 18,040
for a license to operate the facility. 18,041
Thereafter, no person shall operate or maintain an 18,043
infectious waste treatment facility without a license issued by 18,044
the board of health of the health district in which the facility 18,045
is located or by the director when the health district in which 18,047
the facility is located is not on the approved list under section 18,048
3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first 18,050
day of January of the next year, every person proposing to 18,051
continue to operate an existing infectious waste treatment 18,052
facility shall procure a license to operate the facility for that 18,053
year from the board of health of the health district in which the 18,054
facility is located or, if the health district is not on the 18,055
approved list under section 3734.08 of the Revised Code, from the 18,056
director. The application for such a license shall be submitted 18,057
to the board of health or to the director, as appropriate, on or 18,058
before the last day of September of the year preceding that for 18,059
which the license is sought. In addition to the application fee 18,060
prescribed in division (B)(2)(c) of this section, a person who 18,061
416
submits an application after that date shall pay an additional 18,062
ten per cent of the amount of the application fee for each week 18,063
that the application is late. Late payment fees accompanying an 18,064
application submitted to the board of health shall be credited to 18,065
the special infectious waste fund of the health district created 18,066
in division (C) of section 3734.06 of the Revised Code, and late 18,067
payment fees accompanying an application submitted to the 18,068
director shall be credited to the general revenue fund. A person 18,069
who has received a license, upon sale or disposition of an 18,070
infectious waste treatment facility and upon consent of the board 18,071
of health and the director, may have the license transferred to 18,072
another person. The board of health or the director may include 18,073
such terms and conditions in a license or revision to a license 18,074
as are appropriate to ensure compliance with the infectious waste 18,075
provisions of this chapter and rules adopted under them. 18,076
(b) Each person proposing to open a new infectious waste 18,078
treatment facility or to modify an existing infectious waste 18,079
treatment facility shall submit an application for a permit with 18,080
accompanying detail plans and specifications to the environmental 18,081
protection agency for required approval under the rules adopted 18,082
by the director pursuant to section 3734.021 of the Revised Code 18,083
two hundred seventy days before proposed operation of the 18,084
facility and concurrently shall make application for a license 18,085
with the board of health of the health district in which the 18,086
facility is or is proposed to be located. Not later than ninety 18,087
days after receiving a completed application under division 18,088
(B)(2)(b) of this section for a permit to open a new infectious 18,089
waste treatment facility or modify an existing infectious waste 18,090
treatment facility to expand its treatment capacity, or receiving 18,091
a completed application under division (A)(2)(a) of this section 18,092
for a permit to open a new solid waste incineration facility, or 18,093
modify an existing solid waste incineration facility to also 18,094
treat infectious wastes or to increase its infectious waste 18,095
treatment capacity, that pertains to a facility for which a 18,096
417
notation authorizing infectious waste treatment is included or 18,097
proposed to be included in the solid waste incineration 18,098
facility's license pursuant to division (B)(3) of this section, 18,099
the director shall hold a public hearing on the application 18,100
within the county in which the new or modified infectious waste 18,101
or solid waste facility is or is proposed to be located or within 18,102
a contiguous county. Not less than thirty days before holding 18,103
the public hearing on the application, the director shall publish 18,104
notice of the hearing in each newspaper that has general 18,105
circulation and that is published in the county in which the 18,106
facility is or is proposed to be located. If there is no 18,107
newspaper that has general circulation and that is published in 18,108
the county, the director shall publish the notice in a newspaper 18,109
of general circulation in the county. The notice shall contain 18,110
the date, time, and location of the public hearing and a general 18,111
description of the proposed new or modified facility. At the 18,112
public hearing, any person may submit written or oral comments on 18,113
or objections to the approval or disapproval of the application. 18,114
The applicant, or a representative of the applicant who has 18,115
knowledge of the location, construction, and operation of the 18,116
facility, shall attend the public hearing to respond to comments 18,117
or questions concerning the facility directed to the applicant or 18,119
representative by the officer or employee of the environmental 18,120
protection agency presiding at the hearing. 18,121
(c) Each application for a permit under division (B)(2)(b) 18,123
of this section shall be accompanied by a nonrefundable 18,124
application fee of four hundred dollars that shall be credited to 18,125
the general revenue fund. Each application for an annual license 18,126
under division (B)(2)(a) of this section shall be accompanied by 18,127
a nonrefundable application fee of one hundred dollars. If the 18,128
application for an annual license is submitted to a board of 18,129
health on the approved list under section 3734.08 of the Revised 18,130
Code, the application fee shall be credited to the special 18,131
infectious waste fund of the health district created in division 18,132
418
(C) of section 3734.06 of the Revised Code. If the application 18,133
for an annual license is submitted to the director, the 18,134
application fee shall be credited to the general revenue fund. 18,135
If a permit or license is issued, the amount of the application 18,137
fee paid shall be deducted from the amount of the permit fee due 18,138
under division (Q) of section 3745.11 of the Revised Code or the 18,141
amount of the license fee due under division (C) of section 18,142
3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste 18,144
treatment facility that commenced operation on or before July 1, 18,145
1968, shall submit to the director an application for a permit 18,146
with accompanying engineering detail plans, specifications, and 18,147
information regarding the facility and its method of operation 18,148
for approval under rules adopted under section 3734.021 of the 18,149
Revised Code in accordance with the following schedule: 18,150
(i) Not later than December 24, 1988, if the facility is 18,152
located in Delaware, Greene, Guernsey, Hamilton, Madison, 18,153
Mahoning, Ottawa, or Vinton county; 18,154
(ii) Not later than March 24, 1989, if the facility is 18,156
located in Champaign, Clinton, Columbiana, Huron, Paulding, 18,157
Stark, or Washington county, or is located in the city of 18,158
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; 18,159
(iii) Not later than June 24, 1989, if the facility is 18,161
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 18,162
Lucas, or Summit county or is located in Cuyahoga county outside 18,163
the cities of Brooklyn, Cuyahoga Heights, and Parma; 18,164
(iv) Not later than September 24, 1989, if the facility is 18,166
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 18,167
county; 18,168
(v) Not later than December 24, 1989, if the facility is 18,170
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 18,171
of this section. 18,172
The owner or operator of an infectious waste treatment 18,174
facility required to submit a permit application under division 18,175
419
(B)(2)(d) of this section is not required to pay any permit 18,176
application fee under division (B)(2)(c) of this section, or 18,177
permit fee under division (Q) of section 3745.11 of the Revised 18,180
Code, with respect thereto unless the owner or operator also 18,181
proposes to modify the facility.
(e) The director may issue an order in accordance with 18,183
Chapter 3745. of the Revised Code to the owner or operator of an 18,184
infectious waste treatment facility requiring the person to 18,185
submit to the director updated engineering detail plans, 18,186
specifications, and information regarding the facility and its 18,187
method of operation for approval under rules adopted under 18,188
section 3734.021 of the Revised Code if, in the director's 18,189
judgment, conditions at the facility constitute a substantial 18,190
threat to public health or safety or are causing or contributing 18,191
to or threatening to cause or contribute to air or water 18,192
pollution or soil contamination. Any person who receives such an 18,193
order shall submit the updated engineering detail plans, 18,194
specifications, and information to the director within one 18,195
hundred eighty days after the effective date of the order. 18,196
(f) The director shall act upon an application submitted 18,198
under division (B)(2)(d) of this section and any updated 18,199
engineering plans, specifications, and information submitted 18,200
under division (B)(2)(e) of this section within one hundred 18,201
eighty days after receiving them. If the director denies any 18,202
such permit application or disapproves any such updated 18,203
engineering plans, specifications, and information, the director 18,205
shall include in the order denying the application or 18,206
disapproving the plans the requirement that the owner or operator 18,207
cease accepting infectious wastes for treatment at the facility. 18,208
(3) Division (B) of this section does not apply to an 18,210
infectious waste treatment facility that meets any of the 18,211
following conditions: 18,212
(a) Is owned or operated by the generator of the wastes 18,214
and exclusively treats, by methods, techniques, and practices 18,215
420
established by rules adopted under division (C)(1) or (3) of 18,216
section 3734.021 of the Revised Code, wastes that are generated 18,217
at any premises owned or operated by that generator regardless of 18,218
whether the wastes are generated on the same premises where the 18,219
generator's treatment facility is located or, if the generator is 18,220
a hospital as defined in section 3727.01 of the Revised Code, 18,221
infectious wastes that are described in division (A)(1)(g), (h), 18,222
or (i) of section 3734.021 of the Revised Code; 18,223
(b) Holds a license or renewal of a license to operate a 18,225
crematory facility issued under Chapter 4717. and a permit issued 18,227
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, 18,229
or the blood of animals, and is subject to any of the following: 18,230
(i) Inspection under the "Federal Meat Inspection Act," 81 18,232
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 18,233
(ii) Chapter 918. of the Revised Code; 18,235
(iii) Chapter 953. of the Revised Code. 18,237
Nothing in division (B) of this section requires a facility 18,239
that holds a license issued under division (A) of this section as 18,240
a solid waste facility and that also treats infectious wastes by 18,241
the same method, technique, or process to obtain a license under 18,242
division (B) of this section as an infectious waste treatment 18,243
facility. However, the solid waste facility license for the 18,244
facility shall include the notation that the facility also treats 18,245
infectious wastes. 18,246
On and after the effective date of the amendments to the 18,248
rules adopted under division (C)(2) of section 3734.021 of the 18,249
Revised Code that are required by Section 6 of Substitute House 18,250
Bill No. 98 of the 120th General Assembly, the director shall not 18,252
issue a permit to open a new solid waste incineration facility 18,253
unless the proposed facility complies with the requirements for 18,254
the location of new infectious waste incineration facilities 18,255
established in the required amendments to those rules. 18,256
(C) Except for a facility or activity described in 18,258
421
division (E)(3) of section 3734.02 of the Revised Code, a person 18,260
who proposes to establish or operate a hazardous waste facility 18,261
shall submit an application for a hazardous waste facility 18,263
installation and operation permit and accompanying detail plans, 18,264
specifications, and such information as the director may require 18,265
to the environmental protection agency, except as provided in 18,266
division (E)(2) of this section, at least one hundred eighty days 18,267
before the proposed beginning of operation of the facility. The 18,268
applicant shall notify by certified mail the legislative 18,269
authority of each municipal corporation, township, and county in 18,270
which the facility is proposed to be located of the submission of 18,271
the application within ten days after the submission or at such 18,272
earlier time as the director may establish by rule. If the 18,273
application is for a proposed new hazardous waste disposal or 18,274
thermal treatment facility, the applicant also shall give actual 18,275
notice of the general design and purpose of the facility to the 18,276
legislative authority of each municipal corporation, township, 18,277
and county in which the facility is proposed to be located at 18,279
least ninety days before the permit application is submitted to 18,280
the environmental protection agency.
(D)(1) There is hereby created the hazardous waste 18,282
facility board, composed of the director of environmental 18,283
protection who shall serve as chairperson, the director of 18,284
natural resources, and the chairperson of the Ohio water 18,286
development authority, or their respective designees, and one 18,287
chemical engineer and one geologist who each shall be employed by 18,288
a state university as defined in section 3345.011 of the Revised 18,289
Code. The chemical engineer and geologist each shall be 18,290
appointed by the governor, with the advice and consent of the 18,291
senate, for a term of two years. The chemical engineer and 18,292
geologist each shall receive as compensation five thousand 18,293
dollars per year, plus expenses necessarily incurred in the 18,295
performance of their duties.
The board shall not issue any final order without the 18,297
422
consent of at least three members. 18,298
(2) The hazardous waste facility board shall do both of 18,301
the following: 18,302
(a) Pursuant to Chapter 119. of the Revised Code, adopt 18,304
rules governing procedure to be followed in hearings before the 18,306
board; 18,307
(b) Except as provided in section 3734.123 of the Revised 18,309
Code, approve or disapprove applications for a hazardous waste 18,310
facility installation and operation permit for new facilities and 18,311
applications for modifications to existing permits for which the 18,312
board has jurisdiction as provided in division (I)(3) of this 18,313
section.
(3) Except as provided in section 3734.123 of the Revised 18,315
Code, upon receipt of the completed application for a hazardous 18,316
waste facility installation and operation permit and a 18,317
preliminary determination by the staff of the environmental 18,318
protection agency that the application appears to comply with 18,319
agency rules and to meet the performance standards set forth in 18,320
divisions (D), (I), and (J) of section 3734.12 of the Revised 18,321
Code, the director shall transmit the application to the board, 18,324
which shall do all of the following: 18,325
(a) Promptly fix a date for a public hearing on the 18,327
application, not fewer than sixty nor more than ninety days after 18,328
receipt of the completed application. At the public hearing, any 18,329
person may submit written or oral comments or objections to the 18,330
approval or disapproval of the application. A representative of 18,331
the applicant who has knowledge of the location, construction, 18,332
operation, closure, and post-closure care, if applicable, of the 18,333
facility shall attend the public hearing in order to respond to 18,334
comments or questions concerning the facility directed to the 18,335
representative by the presiding officer. 18,336
(b) Give public notice of the date of the public hearing 18,338
and a summary of the application in a newspaper having general 18,339
circulation in the county in which the facility is proposed to be 18,340
423
located. The notice shall contain, at a minimum, the date, time, 18,341
and location of the public hearing and shall include the location 18,343
and street address of, or the nearest intersection to, the 18,344
proposed facility, a description of the proposed facility, and 18,345
the location where copies of the application, a short statement 18,346
by the applicant of the anticipated environmental impact of the 18,347
facility, and a map of the facility are available for inspection. 18,348
(c) Promptly fix a date for an adjudication hearing, not 18,350
fewer than ninety nor more than one hundred twenty days after 18,351
receipt of the completed application, at which hearing the board 18,352
shall hear and decide all disputed issues between the parties 18,353
respecting the approval or disapproval of the application. 18,354
(4) The parties to any adjudication hearing before the 18,356
board upon a completed application shall be the following: 18,357
(a) The applicant; 18,359
(b) The staff of the environmental protection agency; 18,361
(c) The board of county commissioners of the county, the 18,363
board of township trustees of the township, and the chief 18,364
executive officer of the municipal corporation in which the 18,365
facility is proposed to be located; 18,366
(d) Any other person who would be aggrieved or adversely 18,368
affected by the proposed facility and who files a petition to 18,369
intervene in the adjudication hearing not later than thirty days 18,370
after the date of publication of the notice required in division 18,371
(D)(3)(b) of this section if the petition is granted by the board 18,373
for good cause shown. The board may allow intervention by other 18,374
aggrieved or adversely affected persons up to fifteen days prior 18,375
to the date of the adjudication hearing for good cause shown when 18,376
the intervention would not be unduly burdensome to or cause a 18,377
delay in the permitting process.
(5) The hazardous waste facility board shall conduct any 18,379
adjudication hearing upon disputed issues in accordance with 18,380
Chapter 119. of the Revised Code and the rules of the board 18,381
governing the procedure of such hearings. Each party may call 18,382
424
and examine witnesses and submit other evidence respecting the 18,383
disputed issues presented by an application. A written record 18,384
shall be made of the hearing and of all testimony and evidence 18,385
submitted to the board. 18,386
(6) The board shall not approve an application for a 18,388
hazardous waste facility installation and operation permit unless 18,389
it finds and determines as follows: 18,390
(a) The nature and volume of the waste to be treated, 18,392
stored, or disposed of at the facility; 18,393
(b) That the facility complies with the director's 18,395
hazardous waste standards adopted pursuant to section 3734.12 of 18,396
the Revised Code; 18,397
(c) That the facility represents the minimum adverse 18,399
environmental impact, considering the state of available 18,400
technology and the nature and economics of various alternatives, 18,401
and other pertinent considerations; 18,402
(d) That the facility represents the minimum risk of all 18,404
of the following: 18,405
(i) Contamination of ground and surface waters; 18,407
(ii) Fires or explosions from treatment, storage, or 18,409
disposal methods; 18,410
(iii) Accident during transportation of hazardous waste to 18,412
or from the facility; 18,413
(iv) Impact on the public health and safety; 18,415
(v) Air pollution; 18,417
(vi) Soil contamination. 18,419
(e) That the facility will comply with Chapters 3704., 18,421
3734., and 6111. of the Revised Code and all rules and standards 18,422
adopted under those chapters; 18,423
(f) That if the owner of the facility, the operator of the 18,425
facility, or any other person in a position with the facility 18,426
from which the person may influence the installation and 18,427
operation of the facility has been involved in any prior activity 18,429
involving transportation, treatment, storage, or disposal of 18,430
425
hazardous waste, that person has a history of compliance with 18,431
Chapters 3704., 3734., and 6111. of the Revised Code and all 18,432
rules and standards adopted under those chapters, the "Resource 18,433
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 18,434
U.S.C.A. 6921, as amended, and all regulations adopted under it, 18,435
and similar laws and rules of other states if any such prior 18,436
operation was located in another state that demonstrates 18,437
sufficient reliability, expertise, and competency to operate a 18,438
hazardous waste facility under the applicable provisions of 18,439
Chapters 3704., 3734., and 6111. of the Revised Code, the 18,440
applicable rules and standards adopted under those chapters, and 18,441
terms and conditions of a hazardous waste facility installation 18,442
and operation permit, given the potential for harm to the public 18,443
health and safety and the environment that could result from the 18,444
irresponsible operation of the facility; 18,445
(g) That the active areas within a new hazardous waste 18,447
facility where acute hazardous waste as listed in 40 C.F.R. 18,448
261.33 (e), as amended, or organic waste that is toxic and is 18,449
listed under 40 C.F.R. 261, as amended, is being stored, treated, 18,450
or disposed of and where the aggregate of the storage design 18,451
capacity and the disposal design capacity of all hazardous waste 18,452
in those areas is greater than two hundred fifty thousand 18,453
gallons, are not located or operated within any of the following: 18,454
(i) Two thousand feet of any residence, school, hospital, 18,456
jail, or prison; 18,457
(ii) Any naturally occurring wetland; 18,459
(iii) Any flood hazard area if the applicant cannot show 18,461
that the facility will be designed, constructed, operated, and 18,462
maintained to prevent washout by a one-hundred-year flood or that 18,463
procedures will be in effect to remove the waste before flood 18,464
waters can reach it. 18,465
Division (D)(6)(g) of this section does not apply to the 18,467
facility of any applicant who demonstrates to the board that the 18,468
limitations specified in that division are not necessary because 18,469
426
of the nature or volume of the waste and the manner of management 18,470
applied, the facility will impose no substantial danger to the 18,471
health and safety of persons occupying the structures listed in 18,472
division (D)(6)(g)(i) of this section, and the facility is to be 18,473
located or operated in an area where the proposed hazardous waste 18,474
activities will not be incompatible with existing land uses in 18,475
the area. 18,476
(h) That the facility will not be located within the 18,478
boundaries of a state park established or dedicated under Chapter 18,479
1541. of the Revised Code, a state park purchase area established 18,480
under section 1541.02 of the Revised Code, any unit of the 18,481
national park system, or any property that lies within the 18,482
boundaries of a national park or recreation area, but that has 18,483
not been acquired or is not administered by the secretary of the 18,484
United States department of the interior, located in this state, 18,485
or any candidate area located in this state identified for 18,486
potential inclusion in the national park system in the edition of 18,487
the "national park system plan" submitted under paragraph (b) of 18,488
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 18,489
U.S.C.A. 1a-5, as amended, current at the time of filing of the 18,490
application for the permit, unless the facility will be used 18,491
exclusively for the storage of hazardous waste generated within 18,492
the park or recreation area in conjunction with the operation of 18,493
the park or recreation area. Division (D)(6)(h) of this section 18,494
does not apply to the facility of any applicant for modification 18,495
of a permit unless the modification application proposes to 18,496
increase the land area included in the facility or to increase 18,497
the quantity of hazardous waste that will be treated, stored, or 18,498
disposed of at the facility. 18,499
In rendering a decision upon an application for a hazardous 18,501
waste facility installation and operation permit, the board shall 18,502
issue a written order and opinion, which shall include the 18,503
specific findings of fact and conclusions of law that support the 18,506
board's approval or disapproval of the application.
427
If the board approves an application for a hazardous waste 18,508
facility installation and operation permit, as a part of its 18,509
written order, it shall issue the permit, upon such terms and 18,510
conditions as the board finds are necessary to ensure the 18,511
construction and operation of the hazardous waste facility in 18,512
accordance with the standards of this section. 18,513
(7) Any party adversely affected by an order of the 18,515
hazardous waste facility board may appeal the order and decision 18,516
of the board to the court of appeals of Franklin county. An 18,517
appellant shall file with the board a notice of appeal, which 18,518
shall designate the order appealed from. A copy of the notice 18,519
also shall be filed by the appellant with the court, and a copy 18,520
shall be sent by certified mail to each party to the adjudication 18,521
hearing before the board. Such notices shall be filed and mailed 18,522
within thirty days after the date upon which the appellant 18,523
received notice from the board by certified mail of the making of 18,524
the order appealed from. No appeal bond shall be required to 18,525
make an appeal effective. 18,526
The filing of a notice of appeal shall not operate 18,528
automatically as a suspension of the order of the board. If it 18,529
appears to the court that an unjust hardship to the appellant 18,530
will result from the execution of the board's order pending 18,531
determination of the appeal, the court may grant a suspension of 18,532
the order and fix its terms. 18,533
Within twenty days after receipt of the notice of appeal, 18,535
the board shall prepare and file in the court the complete record 18,536
of proceedings out of which the appeal arises, including any 18,537
transcript of the testimony and any other evidence that has been 18,538
submitted before the board. The expense of preparing and 18,539
transcribing the record shall be taxed as a part of the costs of 18,540
the appeal. The appellant, other than the state or a political 18,541
subdivision, an agency of either, or any officer of the appellant 18,542
acting in the officer's representative capacity, shall provide 18,544
security for costs satisfactory to the court considering the 18,545
428
respective interests of the parties and the public interest. 18,546
Upon demand by a party, the board shall furnish, at the cost of 18,547
the party requesting it, a copy of the record. If the complete 18,548
record is not filed within the time provided for in this section, 18,549
any party may apply to the court to have the case docketed, and 18,550
the court shall order the record filed. 18,551
In hearing the appeal, the court is confined to the record 18,553
as certified to it by the board. The court may grant a request 18,554
for the admission of additional evidence when satisfied that the 18,555
additional evidence is newly discovered and could not with 18,556
reasonable diligence have been ascertained prior to the hearing 18,557
before the board. 18,558
The court shall affirm the order complained of in the 18,560
appeal if it finds, upon consideration of the entire record and 18,561
such additional evidence as the court has admitted, that the 18,562
order is supported by reliable, probative, and substantial 18,563
evidence and is in accordance with law. In the absence of such 18,564
findings, it shall reverse, vacate, or modify the order or make 18,565
such other ruling as is supported by reliable, probative, and 18,566
substantial evidence and is in accordance with law. The judgment 18,567
of the court shall be final and conclusive unless reversed, 18,568
vacated, or modified on appeal. Such appeals may be taken by any 18,569
party to the appeal pursuant to the Rules of Practice of the 18,570
Supreme Court and, to the extent not in conflict with those 18,571
rules, Chapter 2505. of the Revised Code. 18,572
(E)(1) Upon receipt of a completed application, the board 18,574
shall issue a hazardous waste facility installation and operation 18,575
permit for a hazardous waste facility subject to the requirements 18,576
of divisions (D)(6) and (7) of this section and all applicable 18,577
federal regulations if the facility for which the permit is 18,578
requested satisfies all of the following: 18,579
(a) Was in operation immediately prior to October 9, 1980; 18,581
(b) Was in substantial compliance with applicable statutes 18,583
and rules in effect immediately prior to October 9, 1980, as 18,584
429
determined by the director; 18,585
(c) Demonstrates to the board that its operations after 18,587
October 9, 1980, comply with applicable performance standards 18,588
adopted by the director pursuant to division (D) of section 18,589
3734.12 of the Revised Code; 18,590
(d) Submits a completed application for a permit under 18,592
division (C) of this section within six months after October 9, 18,593
1980. 18,594
The board shall act on the application within twelve months 18,596
after October 9, 1980. 18,597
(2) A hazardous waste facility that was in operation 18,599
immediately prior to October 9, 1980, may continue to operate 18,600
after that date if it does all of the following: 18,601
(a) Complies with performance standards adopted by the 18,603
director pursuant to division (D) of section 3734.12 of the 18,604
Revised Code; 18,605
(b) Submits a completed application for a hazardous waste 18,607
installation and operation permit under division (C) of this 18,608
section within six months after October 9, 1980; 18,609
(c) Obtains the permit under division (D) of this section 18,611
within twelve months after October 9, 1980. 18,612
(3) No political subdivision of this state shall require 18,614
any additional zoning or other approval, consent, permit, 18,615
certificate, or condition for the construction or operation of a 18,616
hazardous waste facility authorized by a hazardous waste facility 18,617
installation and operation permit issued pursuant to this 18,618
chapter, nor shall any political subdivision adopt or enforce any 18,619
law, ordinance, or rule that in any way alters, impairs, or 18,620
limits the authority granted in the permit. 18,621
(4) After the issuance of a hazardous waste facility 18,623
installation and operation permit by the board, each hazardous 18,624
waste facility shall be subject to the rules and supervision of 18,625
the director during the period of its operation, closure, and 18,626
post-closure care, if applicable. 18,627
430
(F) Upon approval of the board in accordance with 18,629
divisions (D) and (E) of this section, the board may issue a 18,630
single hazardous waste facility installation and operation permit 18,631
to a person who operates two or more adjoining facilities where 18,632
hazardous waste is stored, treated, or disposed of if the 18,633
application includes detail plans, specifications, and 18,634
information on all facilities. For the purposes of this section, 18,635
"adjoining" means sharing a common boundary, separated only by a 18,636
public road, or in such proximity that the director determines 18,637
that the issuance of a single permit will not create a hazard to 18,638
the public health or safety or the environment. 18,639
(G) No person shall falsify or fail to keep or submit any 18,641
plans, specifications, data, reports, records, manifests, or 18,642
other information required to be kept or submitted to the 18,643
director or to the hazardous waste facility board by this chapter 18,644
or the rules adopted under it. 18,645
(H)(1) Each person who holds an installation and operation 18,647
permit issued under this section and who wishes to obtain a 18,648
permit renewal shall submit a completed application for an 18,649
installation and operation permit renewal and any necessary 18,650
accompanying general plans, detail plans, specifications, and 18,651
such information as the director may require to the director no 18,652
later than one hundred eighty days prior to the expiration date 18,653
of the existing permit or upon a later date prior to the 18,654
expiration of the existing permit if the permittee can 18,655
demonstrate good cause for the late submittal. The director 18,656
shall consider the application and accompanying information, 18,657
inspection reports of the facility, results of performance tests, 18,658
a report regarding the facility's compliance or noncompliance 18,659
with the terms and conditions of its permit and rules adopted by 18,660
the director under this chapter, and such other information as is 18,661
relevant to the operation of the facility and shall issue a draft 18,662
renewal permit or a notice of intent to deny the renewal permit. 18,663
The director, in accordance with rules adopted under this section 18,664
431
or with rules adopted to implement Chapter 3745. of the Revised 18,665
Code, shall give public notice of the application and draft 18,666
renewal permit or notice of intent to deny the renewal permit, 18,667
provide for the opportunity for public comments within a 18,668
specified time period, schedule a public meeting in the county in 18,669
which the facility is located if significant interest is shown, 18,670
and give public notice of the public meeting. 18,671
(2) Within sixty days after the public meeting or close of 18,673
the public comment period, the director, without prior hearing, 18,674
shall issue or deny the renewal permit in accordance with Chapter 18,675
3745. of the Revised Code. The director shall not issue a 18,676
renewal permit unless the director determines that the facility 18,678
under the existing permit has a history of compliance with this 18,679
chapter, rules adopted under it, the existing permit, or orders 18,680
entered to enforce such requirements that demonstrates sufficient 18,681
reliability, expertise, and competency to operate the facility 18,682
henceforth under this chapter, rules adopted under it, and the 18,683
renewal permit. If the director approves an application for a 18,684
renewal permit, the director shall issue the permit subject to 18,686
the payment of the annual permit fee required under division (E) 18,687
of section 3734.02 of the Revised Code and upon such terms and 18,688
conditions as the director finds are reasonable to ensure that 18,689
continued operation, maintenance, closure, and post-closure care 18,691
of the hazardous waste facility are in accordance with the rules 18,692
adopted under section 3734.12 of the Revised Code. 18,693
(3) An installation and operation permit renewal 18,695
application submitted to the director that also contains or would 18,696
constitute an application for a modification shall be acted upon 18,698
by the director in accordance with division (I) of this section 18,699
in the same manner as an application for a modification. In 18,700
approving or disapproving the renewal portion of a permit renewal 18,702
application containing an application for a modification, the 18,703
director shall apply the criteria established under division 18,705
(H)(2) of this section.
432
(4) An application for renewal or modification of a permit 18,708
that does not contain an application for a modification as 18,709
described in divisions (I)(3)(a) to (d) of this section shall not 18,711
be subject to division (D) of this section. 18,712
(I)(1) As used in this section, "modification" means a 18,714
change or alteration to a hazardous waste facility or its 18,715
operations that is inconsistent with or not authorized by its 18,717
existing permit or authorization to operate. Modifications shall
be classified as Class 1, 2, or 3 modifications in accordance 18,719
with rules adopted under division (K) of this section. 18,720
Modifications classified as Class 3 modifications, in accordance 18,721
with rules adopted under that division, shall be further 18,722
classified by the director as either Class 3 modifications that 18,723
are to be approved or disapproved by the hazardous waste facility 18,724
board as described in divisions (I)(3)(a) to (d) of this section 18,725
or as Class 3 modifications that are to be approved or 18,726
disapproved by the director under division (I)(5) of this 18,727
section. Not later than thirty days after receiving a request 18,728
for a modification under division (I)(4) of this section that is 18,729
not listed in Appendix I to 40 C.F.R. 270.42 or in rules adopted 18,731
under division (K) of this section, the director shall classify 18,732
the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. 18,733
Notwithstanding any other law to the contrary, any modification 18,735
that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator 18,736
shall be classified as a Class 3 modification. 18,737
(2) Except as provided in section 3734.123 of the Revised 18,739
Code, a hazardous waste facility installation and operation 18,740
permit may be modified at the request of the director or upon the 18,742
written request of the permittee only if any of the following 18,743
applies:
(a) The permittee desires to accomplish alterations, 18,745
additions, or deletions to the permitted facility or to undertake 18,746
433
alterations, additions, deletions, or activities that are 18,747
inconsistent with or not authorized by the existing permit; 18,748
(b) New information or data justify permit conditions in 18,750
addition to or different from those in the existing permit; 18,751
(c) The standards, criteria, or rules upon which the 18,753
existing permit is based have been changed by new, amended, or 18,754
rescinded standards, criteria, or rules, or by judicial decision 18,755
after the existing permit was issued, and the change justifies 18,756
permit conditions in addition to or different from those in the 18,757
existing permit; 18,758
(d) The permittee proposes to transfer the permit to 18,760
another person. 18,761
(3) The director has jurisdiction to approve or disapprove 18,763
applications for Class 1 modifications, Class 2 modifications, 18,764
and Class 3 modifications not otherwise described in divisions 18,765
(I)(3)(a) to (d) of this section. The hazardous waste facility 18,768
board has jurisdiction to approve or disapprove applications for 18,769
any of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or disposal 18,772
at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or 18,773
disposal activity by the facility's permit; 18,774
(b) Modification or addition of a hazardous waste 18,776
management unit, as defined in rules adopted under section 18,777
3734.12 of the Revised Code, that results in an increase in a 18,778
facility's storage capacity of more than twenty-five per cent 18,779
over the capacity authorized by the facility's permit, an 18,780
increase in a facility's treatment rate of more than twenty-five 18,782
per cent over the rate so authorized, or an increase in a 18,783
facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be 18,784
calculated from the approved design plans for the disposal units 18,785
at that facility. In no case during a five-year period shall a 18,786
facility's storage capacity or treatment rate be modified to 18,788
434
increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of 18,789
division (I) of this section to the contrary, a request for 18,791
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director. 18,792
(c) Authority to add any of the following categories of 18,794
regulated activities not previously authorized at a facility by 18,795
the facility's permit: storage at a facility not previously 18,796
authorized to store hazardous waste, treatment at a facility not 18,797
previously authorized to treat hazardous waste, or disposal at a 18,798
facility not previously authorized to dispose of hazardous waste; 18,799
or authority to add a category of hazardous waste management unit 18,800
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this 18,801
section to the contrary, a request for authority to add or to 18,802
modify an activity or a hazardous waste management unit for the 18,803
purposes of performing a corrective action shall be classified 18,804
and approved or disapproved by the director.
(d) Authority to treat, store, or dispose of waste types 18,806
listed or characterized as reactive or explosive, in rules 18,808
adopted under section 3734.12 of the Revised Code, or any acute 18,809
hazardous waste listed in 40 C.F.R. 261.33(e), as amended, at a 18,810
facility not previously authorized to treat, store, or dispose of 18,811
those types of wastes by the facility's permit unless the 18,812
requested authority is limited to wastes that no longer exhibit 18,814
characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing 18,815
as acute hazardous waste, but still are required to carry those 18,816
waste codes as established in rules adopted under section 3734.12 18,817
of the Revised Code because of the requirements established in 40 18,818
C.F.R. 261(a) and (e), as amended, that is, the "mixture," 18,819
"derived-from," or "contained-in" regulations. 18,820
(4) A written request for a modification from the 18,823
permittee shall be submitted to the director and shall contain 18,824
435
such information as is necessary to support the request. The 18,825
director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to (d) of this 18,827
section within two hundred forty days after receiving the 18,828
requests. Requests for modifications shall be acted upon by the 18,829
director or the board, as appropriate, in accordance with this 18,830
section and rules adopted under it. 18,831
(5) Class 1 modification applications that require prior 18,834
approval of the director, as determined in accordance with rules 18,835
adopted under division (K) of this section, Class 2 modification 18,836
applications, and Class 3 modification applications that are not 18,837
described in divisions (I)(3)(a) to (d) of this section shall be 18,839
approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county 18,840
commissioners of the county, the board of township trustees of 18,841
the township, and the city manager or mayor of the municipal 18,842
corporation in which a hazardous waste facility is located shall 18,843
receive notification of any application for a modification for 18,844
that facility and shall be considered as interested persons with 18,845
respect to the director's consideration of the application. 18,846
For those modification applications for a transfer of a 18,849
permit to a new owner or operator of a facility, the director 18,850
also shall determine that, if the transferee owner or operator 18,851
has been involved in any prior activity involving the 18,853
transportation, treatment, storage, or disposal of hazardous 18,854
waste, the transferee owner or operator has a history of
compliance with this chapter and Chapters 3704. and 6111. of the 18,856
Revised Code and all rules and standards adopted under them, the 18,858
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 18,859
42 U.S.C.A. 6921, as amended, and all regulations adopted under 18,860
it, and similar laws and rules of another state if the transferee 18,861
owner or operator owns or operates a facility in that state, that 18,862
demonstrates sufficient reliability, expertise, and competency to
operate a hazardous waste facility under this chapter and 18,864
436
Chapters 3704. and 6111. of the Revised Code, all rules and 18,866
standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given 18,867
the potential for harm to the public health and safety and the 18,868
environment that could result from the irresponsible operation of 18,869
the facility. A permit may be transferred to a new owner or 18,871
operator only pursuant to a Class 3 permit modification.
As used in division (I)(5) of this section: 18,874
(a) "Owner" means the person who owns a majority or 18,876
controlling interest in a facility. 18,877
(b) "Operator" means the person who is responsible for the 18,879
overall operation of a facility. 18,880
The director shall approve or disapprove an application for 18,882
a Class 1 modification that requires the director's approval 18,883
within sixty days after receiving the request for modification. 18,884
The director shall approve or disapprove an application for a 18,885
Class 2 modification within three hundred days after receiving 18,886
the request for modification. The director shall approve or 18,887
disapprove an application for a Class 3 modification that is not 18,889
described in divisions (I)(3)(a) to (d) of this section within 18,890
three hundred sixty-five days after receiving the request for 18,891
modification.
(6) The approval or disapproval by the director of a Class 18,893
1 modification application is not a final action that is 18,894
appealable under Chapter 3745. of the Revised Code. The approval 18,895
or disapproval by the director of a Class 2 modification or a 18,897
Class 3 modification that is not described in divisions (I)(3)(a) 18,898
to (d) of this section is a final action that is appealable under 18,899
that chapter. In approving or disapproving a request for a 18,900
modification, the director shall consider all comments pertaining 18,901
to the request that are received during the public comment period 18,902
and the public meetings. The administrative record for appeal of 18,903
a final action by the director in approving or disapproving a
request for a modification shall include all comments received 18,904
437
during the public comment period relating to the request for 18,905
modification, written materials submitted at the public meetings 18,906
relating to the request, and any other documents related to the 18,907
director's action.
(7) The hazardous waste facility board shall approve or 18,909
disapprove an application for a Class 3 modification transmitted 18,911
to it under division (I)(4) of this section, or that portion of a 18,913
permit renewal application that constitutes a Class 3 18,914
modification application so transmitted, of a hazardous waste
facility installation and operation permit in accordance with 18,916
division (D) of this section. No other request for a 18,917
modification shall be subject to division (D)(6) of this section. 18,918
No aspect of a permitted facility or its operations that is not 18,920
being modified as described in division (I)(3)(a), (b), (c), or 18,921
(d) of this section shall be subject to review by the board under 18,923
division (D) of this section.
(8) Notwithstanding any other provision of law to the 18,925
contrary, a change or alteration to a hazardous waste facility 18,926
described in division (E)(3)(a) or (b) of section 3734.02 of the 18,927
Revised Code, or its operations, is a modification for the 18,928
purposes of this section. An application for a modification at 18,930
such a facility shall be submitted, classified, and approved or 18,931
disapproved in accordance with divisions (I)(1) to (7) of this 18,932
section in the same manner as a modification to a hazardous waste 18,933
facility installation and operation permit. 18,934
(J)(1) Except as provided in division (J)(2) of this 18,936
section, an owner or operator of a hazardous waste facility that 18,938
is operating in accordance with a permit by rule under rules 18,939
adopted by the director under division (E)(3)(b) of section 18,940
3734.02 of the Revised Code shall submit either a hazardous waste 18,942
facility installation and operation permit application for the 18,943
facility or a modification application, whichever is required 18,944
under division (J)(1)(a) or (b) of this section, within one 18,945
hundred eighty days after the director has requested the 18,946
438
application or upon a later date if the owner or operator 18,947
demonstrates to the director good cause for the late submittal. 18,948
(a) If the owner or operator does not have a hazardous 18,950
waste facility installation and operation permit for any 18,951
hazardous waste treatment, storage, or disposal activities at the 18,952
facility, the owner or operator shall submit an application for 18,954
such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other provision of law 18,956
to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures 18,957
governing the approval or disapproval of permit renewals under 18,958
division (H) of this section. 18,959
(b) If the owner or operator has a hazardous waste 18,961
facility installation and operation permit for hazardous waste 18,962
treatment, storage, or disposal activities at the facility other 18,963
than those authorized by the permit by rule, the owner or 18,964
operator shall submit to the director a request for modification 18,965
in accordance with division (I) of this section. Notwithstanding 18,966
any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance 18,967
with rules adopted under division (K) of this section. 18,968
(2) The owner or operator of a boiler or industrial 18,970
furnace that is conducting thermal treatment activities in 18,971
accordance with a permit by rule under rules adopted by the 18,972
director under division (E)(3)(b) of section 3734.02 of the 18,974
Revised Code shall submit a hazardous waste facility installation 18,976
and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, 18,977
storage, or disposal activities at the facility or, if the owner 18,978
or operator has such a permit for hazardous waste treatment, 18,979
storage, or disposal activities at the facility other than 18,980
thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by 18,981
the permit by rule, whichever is applicable, within one hundred 18,982
439
eighty days after the director has requested the submission of 18,983
the application or upon a later date if the owner or operator 18,984
demonstrates to the director good cause for the late submittal. 18,985
The application shall be accompanied by information necessary to 18,986
support the request. The hazardous waste facility board shall 18,987
approve or disapprove the application in accordance with division 18,988
(D) of this section, except that the board shall not disapprove 18,989
an application for the thermal treatment activities on the basis 18,990
of the criteria set forth in division (D)(6)(g) or (h) of this 18,992
section.
(3) As used in division (J) of this section: 18,995
(a) "Modification application" means a request for a 18,997
modification submitted in accordance with division (I) of this 18,999
section.
(b) "Thermal treatment," "boiler," and "industrial 19,001
furnace" have the same meanings as in rules adopted under section 19,002
3734.12 of the Revised Code. 19,003
(K) The director shall adopt, and may amend, suspend, or 19,005
rescind, rules in accordance with Chapter 119. of the Revised 19,006
Code in order to implement divisions (H) and (I) of this section. 19,007
Except when in actual conflict with this section, rules governing 19,008
the classification of and procedures for the modification of 19,009
hazardous waste facility installation and operation permits shall 19,010
be substantively and procedurally identical to the regulations 19,011
governing hazardous waste facility permitting and permit 19,012
modifications adopted under the "Resource Conservation and 19,013
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 19,014
amended.
Sec. 3734.06. (A)(1) Except as provided in division 19,023
(A)(2), (3), and (4) of this section and in section 3734.82 of 19,024
the Revised Code, the annual fee for a solid waste facility 19,025
license shall be in accordance with the following schedule: 19,026
AUTHORIZED MAXIMUM ANNUAL 19,028
DAILY WASTE LICENSE 19,029
440
RECEIPT (TONS) FEE 19,030
100 or less $ 5,000 19,031
101 to 200 12,500 19,032
201 to 500 30,000 19,033
501 or more 60,000 19,034
For the purpose of determining the applicable license fee 19,036
under divisions (A)(1) and (2) of this section, the authorized 19,037
maximum daily waste receipt shall be the maximum amount of wastes 19,038
the facility is authorized to receive daily that is established 19,039
in the permit for the facility, and any modifications to that 19,040
permit, issued under division (A)(2) or (3) of section 3734.05 of 19,041
the Revised Code; the annual license for the facility, and any 19,042
revisions to that license, issued under division (A)(1) of 19,043
section 3734.05 of the Revised Code; the approved operating plan 19,044
or operational report for which submission and approval are 19,045
required by rules adopted by the director of environmental 19,046
protection under section 3734.02 of the Revised Code; an order 19,047
issued by the director as authorized by rule; or the updated 19,048
engineering plans, specifications, and facility and operation 19,049
information approved under division (A)(4) of section 3734.05 of 19,050
the Revised Code. If no authorized maximum daily waste receipt 19,051
is so established, the annual license fee is sixty thousand 19,052
dollars under division (A)(1) of this section and thirty thousand 19,053
dollars under division (A)(2) of this section. 19,054
The authorized maximum daily waste receipt set forth in any 19,056
such document shall be stated in terms of cubic yards of volume 19,057
for the purpose of regulating the design, construction, and 19,058
operation of a solid waste facility. For the purpose of 19,059
determining applicable license fees under this section, the 19,060
authorized maximum daily waste receipt so stated shall be 19,061
converted from cubic yards to tons as the unit of measurement 19,062
based upon a conversion factor of three cubic yards per ton for 19,063
compacted wastes generally and one cubic yard per ton for baled 19,064
wastes. 19,065
441
(2) The annual license fee for a facility that is an 19,067
incinerator or composting facility is one-half the amount shown 19,068
in division (A)(1) of this section. When a municipal 19,069
corporation, county, or township owns and operates more than one 19,070
incinerator within its boundaries, the municipal corporation, 19,071
county, or township shall pay one fee for the licenses for all of 19,072
its incinerators. The fee shall be determined on the basis of 19,073
the aggregate maximum daily waste receipt for all the 19,074
incinerators owned and operated by the municipal corporation, 19,075
county, or township in an amount that is one-half the amount 19,076
shown in division (A)(1) of this section. 19,077
THE ANNUAL FEE FOR A SOLID WASTE COMPOST FACILITY LICENSE 19,079
SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 19,080
AUTHORIZED MAXIMUM ANNUAL 19,082
DAILY WASTE LICENSE 19,083
RECEIPT (TONS) FEE 19,084
12 OR LESS $ 300 19,085
13 TO 25 600 19,086
26 TO 50 1,200 19,087
51 TO 75 1,800 19,088
76 TO 100 2,500 19,089
101 TO 200 6,250 19,090
201 TO 500 15,000 19,091
501 OR MORE 30,000 19,092
(3) The annual license fee for a solid waste facility, 19,095
regardless of its authorized maximum daily waste receipt, is five 19,096
thousand dollars for a facility meeting either of the following 19,097
qualifications: 19,098
(a) The facility is owned by a generator of solid wastes 19,100
when the solid waste facility exclusively disposes of solid 19,101
wastes generated at one or more premises owned by the generator 19,102
regardless of whether the facility is located on a premises where 19,103
the wastes are generated; 19,104
(b) The facility exclusively disposes of wastes that are 19,106
442
generated from the combustion of coal, or from the combustion of 19,107
primarily coal in combination with scrap tires, that is not 19,108
combined in any way with garbage at one or more premises owned by 19,109
the generator. 19,110
(4) The annual license fee for a facility that is a 19,112
transfer facility is seven hundred fifty dollars. 19,113
(5) The same fees shall apply to private operators and to 19,115
the state and its political subdivisions and shall be paid within 19,116
thirty days after issuance of a license. The fee includes the 19,117
cost of licensing, all inspections, and other costs associated 19,118
with the administration of the solid waste provisions of this 19,119
chapter and rules adopted under them, excluding the provisions 19,120
governing scrap tires. Each such license shall specify that it 19,121
is conditioned upon payment of the applicable fee to the board of 19,122
health or the director, as appropriate, within thirty days after 19,123
issuance of the license. 19,124
(B) The board of health shall retain two thousand five 19,126
hundred dollars of each license fee collected by the board under 19,127
divisions (A)(1), (2), and (3) of this section OR THE ENTIRE 19,128
AMOUNT OF ANY SUCH FEE THAT IS LESS THAN TWO THOUSAND FIVE 19,129
HUNDRED DOLLARS. The moneys retained shall be paid into a 19,130
special fund, which is hereby created in each health district, 19,131
and used solely to administer and enforce the solid waste 19,132
provisions of this chapter and the rules adopted under them, 19,133
excluding the provisions governing scrap tires. The remainder of 19,134
each license fee collected by the board shall be transmitted to 19,135
the director within forty-five days after receipt of the fee. 19,136
The director shall transmit these moneys to the treasurer of 19,137
state to be credited to the general revenue fund. The board of 19,138
health shall retain the entire amount of each fee collected under 19,139
division (A)(4) of this section, which moneys shall be paid into 19,140
the special fund of the health district. 19,141
(C)(1) Except as provided in divisions (C)(2) and (3) of 19,143
this section, the annual fee for an infectious waste treatment 19,144
443
facility license shall be in accordance with the following 19,145
schedule: 19,146
AVERAGE ANNUAL 19,148
DAILY WASTE LICENSE 19,149
RECEIPT (TONS) FEE 19,150
100 or less $ 5,000 19,151
101 to 200 12,500 19,152
201 to 500 30,000 19,153
501 or more 60,000 19,154
For the purpose of determining the applicable license fee 19,157
under divisions (C)(1) and (2) of this section, the average daily 19,158
waste receipt shall be the average amount of infectious wastes 19,159
the facility is authorized to receive daily that is established 19,160
in the permit for the facility, and any modifications to that 19,161
permit, issued under division (B)(2)(b) or (d) of section 3734.05 19,162
of the Revised Code; or the annual license for the facility, and 19,163
any revisions to that license, issued under division (B)(2)(a) of 19,164
section 3734.05 of the Revised Code. If no average daily waste 19,165
receipt is so established, the annual license fee is sixty 19,166
thousand dollars under division (C)(1) of this section and thirty 19,167
thousand dollars under division (C)(2) of this section. 19,168
(2) The annual license fee for an infectious waste 19,170
treatment facility that is an incinerator is one-half the amount 19,171
shown in division (C)(1) of this section. 19,172
(3) Fees levied under divisions (C)(1) and (2) of this 19,174
section shall apply to private operators and to the state and its 19,175
political subdivisions and shall be paid within thirty days after 19,176
issuance of a license. The fee includes the cost of licensing, 19,177
all inspections, and other costs associated with the 19,178
administration of the infectious waste provisions of this chapter 19,179
and rules adopted under them. Each such license shall specify 19,180
that it is conditioned upon payment of the applicable fee to the 19,181
board of health or the director, as appropriate, within thirty 19,182
days after issuance of the license. 19,183
444
(4) The board of health shall retain two thousand five 19,185
hundred dollars of each license fee collected by the board under 19,186
divisions (C)(1) and (2) of this section. The moneys retained 19,187
shall be paid into a special infectious waste fund, which is 19,188
hereby created in each health district, and used solely to 19,189
administer and enforce the infectious waste provisions of this 19,190
chapter and the rules adopted under them. The remainder of each 19,191
license fee collected by the board shall be transmitted to the 19,192
director within forty-five days after receipt of the fee. The 19,193
director shall transmit these moneys to the treasurer of state to 19,194
be credited to the general revenue fund. 19,195
Sec. 3734.18. (A) There are hereby levied fees on the 19,204
disposal of hazardous waste to be collected according to the 19,205
following schedule at each disposal facility to which the 19,206
hazardous waste facility board has issued a hazardous waste 19,207
facility installation and operation permit or the director of 19,208
environmental protection has issued a renewal permit pursuant to 19,209
section 3734.05 of the Revised Code: 19,210
(1) For disposal facilities that are off-site facilities 19,212
as defined in division (E) of section 3734.02 of the Revised 19,213
Code, fees shall be levied at the rate of four dollars and fifty 19,214
cents per ton for hazardous waste disposed of by deep well 19,215
injection and nine dollars per ton for hazardous waste disposed 19,217
of by land application or landfilling. The owner or operator of 19,218
the facility, as a trustee for the state, shall collect the fees 19,219
and forward them to the director in accordance with rules adopted 19,220
under this section. 19,221
(2) For disposal facilities that are on-site or satellite 19,223
facilities, as defined in division (E) of section 3734.02 of the 19,224
Revised Code, fees shall be levied at the rate of two dollars per 19,225
ton for hazardous waste disposed of by deep well injection and 19,226
four dollars per ton for hazardous waste disposed of by land 19,227
application or landfilling. The maximum annual disposal fee for 19,228
an on-site disposal facility that disposes of one hundred 19,229
445
thousand tons or less of hazardous waste in a year is twenty-five 19,230
thousand dollars. The maximum annual disposal fee for an on-site 19,231
facility that disposes of more than one hundred thousand tons of 19,232
hazardous waste in a year by land application or landfilling is 19,233
fifty thousand dollars, and the maximum annual fee for an on-site 19,234
facility that disposes of more than one hundred thousand tons of 19,235
hazardous waste in a year by deep well injection is one hundred 19,236
thousand dollars. The maximum annual disposal fee for a 19,237
satellite facility that disposes of one hundred thousand tons or 19,238
less of hazardous waste in a year is thirty-seven thousand five 19,239
hundred dollars, and the maximum annual disposal fee for a 19,240
satellite facility that disposes of more than one hundred 19,241
thousand tons of hazardous waste in a year is seventy-five 19,242
thousand dollars, except that a satellite facility defined under 19,243
division (E)(3)(b) of section 3734.02 of the Revised Code that 19,244
receives hazardous waste from a single generation site is subject 19,245
to the same maximum annual disposal fees as an on-site disposal 19,246
facility. The owner or operator shall pay the fee to the 19,247
director each year upon the anniversary of the date of issuance 19,248
of the owner's or operator's installation and operation permit 19,250
during the term of that permit and any renewal permit issued 19,251
under division (H) of section 3734.05 of the Revised Code. If 19,252
payment is late, the owner or operator shall pay an additional 19,253
ten per cent of the amount of the fee for each month that it is 19,254
late.
(B) There are hereby levied fees at the rate of two 19,256
dollars per ton on hazardous waste that is treated at treatment 19,258
facilities that are not on-site or satellite facilities, as 19,259
defined in division (E) of section 3734.02 of the Revised Code, 19,260
to which the hazardous waste facility board has issued a 19,261
hazardous waste facility installation and operation permit or the 19,262
director has issued a renewal permit, or that are not subject to 19,264
the hazardous waste facility installation and operation permit 19,265
requirements under rules adopted by the director. 19,266
446
(C) There are hereby levied additional fees on the 19,268
treatment and disposal of hazardous waste at the rate of ten per 19,269
cent of the applicable fees prescribed in division (A) or (B) of 19,271
this section for the purposes of paying the costs of municipal 19,272
corporations and counties for conducting reviews of applications 19,273
for hazardous waste facility installation and operation permits 19,274
for proposed new or modified hazardous waste landfills within 19,275
their boundaries, emergency response actions with respect to 19,276
releases of hazardous waste from hazardous waste facilities 19,277
within their boundaries, monitoring the operation of such 19,278
hazardous waste facilities, and local waste management planning 19,279
programs. The owner or operator of a facility located within a 19,280
municipal corporation, as a trustee for the municipal
corporation, shall collect the fees levied by this division and 19,281
forward them to the treasurer of the municipal corporation or 19,282
such officer as, by virtue of the charter, has the duties of the 19,283
treasurer in accordance with rules adopted under this section. 19,285
The owner or operator of a facility located in an unincorporated 19,286
area, as a trustee of the county in which the facility is 19,287
located, shall collect the fees levied by this division and 19,288
forward them to the county treasurer of that county in accordance 19,289
with rules adopted under this section. The owner or operator 19,290
shall pay the fees levied by this division to the treasurer or 19,291
such other officer of the municipal corporation or to the county 19,292
treasurer each year upon the anniversary of the date of issuance 19,293
of the owner's or operator's installation and operation permit 19,295
during the term of that permit and any renewal permit issued 19,296
under division (H) of section 3734.05 of the Revised Code. If 19,297
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 19,298
payment is late.
Moneys received by a municipal corporation under this 19,300
division shall be paid into a special fund of the municipal 19,301
corporation and used exclusively for the purposes of conducting 19,302
447
reviews of applications for hazardous waste facility installation 19,303
and operation permits for new or modified hazardous waste 19,304
landfills located or proposed within the municipal corporation, 19,305
conducting emergency response actions with respect to releases of 19,306
hazardous waste from facilities located within the municipal 19,307
corporation, monitoring operation of such hazardous waste 19,308
facilities, and conducting waste management planning programs 19,309
within the municipal corporation through employees of the 19,310
municipal corporation or pursuant to contracts entered into with 19,311
persons or political subdivisions. Moneys received by a board of 19,312
county commissioners under this division shall be paid into a 19,313
special fund of the county and used exclusively for those 19,314
purposes within the unincorporated area of the county through 19,315
employees of the county or pursuant to contracts entered into 19,316
with persons or political subdivisions. 19,317
(D) As used in this section, "treatment" or "treated" does 19,319
not include any method, technique, or process designed to recover 19,320
energy or material resources from the waste or to render the 19,321
waste amenable for recovery. The fees levied by division (B) of 19,324
this section do not apply to hazardous waste that is treated and 19,325
disposed of on the same premises or by the same person. 19,326
(E) The director, by rules adopted in accordance with 19,328
Chapters 119. and 3745. of the Revised Code, shall prescribe any 19,329
dates not specified in this section and procedures for collecting 19,330
and forwarding the fees prescribed by this section and may 19,331
prescribe other requirements that are necessary to carry out this 19,332
section. 19,333
The director shall deposit the moneys collected under 19,335
divisions (A) and (B) of this section into one or more minority 19,338
banks, as "minority bank" is defined in division (F)(1) of 19,340
section 135.04 of the Revised Code, to the credit of the
hazardous waste facility management fund, which is hereby created 19,341
in the state treasury, except that the director shall deposit to 19,342
the credit of the underground injection control fund created in 19,343
448
section 6111.046 of the Revised Code moneys in excess of fifty 19,344
thousand dollars that are collected during a fiscal year under 19,345
division (A)(2) of this section from the fee levied on the 19,346
disposal of hazardous waste by deep well injection at an on-site 19,347
disposal facility that disposes of more than one hundred thousand 19,348
tons of hazardous waste in a year. 19,349
The environmental protection agency and the hazardous waste 19,351
facility board may use moneys in the hazardous waste facility 19,352
management fund for administration of the hazardous waste program 19,353
established under this chapter and, in accordance with this 19,354
section, may request approval by the controlling board for that 19,356
use on an annual basis. In addition, the agency may use and 19,357
pledge moneys in that fund for repayment of and for interest on 19,358
any loans made by the Ohio water development authority to the 19,359
agency for the hazardous waste program established under this 19,360
chapter without the necessity of requesting approval by the 19,361
controlling board, which use and pledge shall have priority over 19,362
any other use of the moneys in the fund. 19,363
Until September 28, 1996, the director also may use moneys 19,366
in the fund to pay the start-up costs of administering Chapter 19,367
3746. of the Revised Code. Not later than thirteen years after 19,368
so using any such moneys, ending on June 30, 2008, the director 19,369
shall reimburse the fund in the amount of moneys so used with 19,370
moneys from the voluntary action program administration fund 19,371
created in section 3746.16 of the Revised Code. Beginning in 19,372
fiscal year 1999, the amount that is reimbursed in each fiscal 19,373
year shall not exceed two hundred eighty thousand three hundred
twenty-eight dollars. 19,374
If moneys in the hazardous waste facility management fund 19,376
that the agency uses in accordance with this chapter are 19,377
reimbursed by grants or other moneys from the United States 19,378
government, the grants or other moneys shall be placed in the 19,379
fund. If moneys in the fund that the agency uses to pay the 19,380
state's long-term operation and maintenance costs or matching 19,381
449
share for actions taken under the "Comprehensive Environmental 19,382
Response, Compensation, and Liability Act of 1980," 94 Stat. 19,383
2767, 42 U.S.C.A. 9601, as amended, are reimbursed by grants or 19,384
other moneys from any person, the reimbursed moneys shall be 19,385
placed in the fund for reuse as the state's long term operation 19,386
and maintenance costs or matching share for such actions and not 19,387
in the general revenue fund or the hazardous waste clean-up fund 19,388
created in section 3734.28 of the Revised Code. 19,389
Before the agency makes any expenditure from the hazardous 19,391
waste facility management fund other than for repayment of and 19,392
interest on any loan made by the Ohio water development authority 19,393
to the agency in accordance with this section, the controlling 19,394
board shall approve the expenditure. 19,395
Sec. 3734.28. All moneys collected under sections 19,405
3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the 19,407
Revised Code and natural resource damages collected by the state 19,408
under the "Comprehensive Environmental Response, Compensation, 19,409
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 19,410
amended, shall be paid into the state treasury to the credit of 19,411
the hazardous waste clean-up fund, which is hereby created. The 19,412
environmental protection agency shall use the moneys in the fund 19,413
only for the purposes set forth in division (D) of section
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 19,415
3734.26, and 3734.27, and, through June 30, 1999 2001, Chapter 19,417
3746. of the Revised Code and for any related enforcement 19,418
expenses. IN ADDITION, THE AGENCY SHALL USE THE MONEYS IN THE 19,419
FUND TO PAY THE STATE'S LONG-TERM OPERATION AND MAINTENANCE COSTS 19,420
OR MATCHING SHARE FOR ACTIONS TAKEN UNDER THE COMPREHENSIVE 19,421
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 19,422
AS AMENDED. IF THOSE MONEYS ARE REIMBURSED BY GRANTS OR OTHER 19,423
MONEYS FROM THE UNITED STATES OR ANY OTHER PERSON, THE MONEYS 19,424
SHALL BE PLACED IN THE FUND AND NOT IN THE GENERAL REVENUE FUND. 19,425
Sec. 3734.281. NOTWITHSTANDING ANY PROVISION OF LAW TO 19,427
THE CONTRARY, ANY MONEYS SET ASIDE BY THE STATE FOR THE CLEANUP 19,428
450
AND REMEDIATION OF THE ASHTABULA RIVER; ANY MONEYS COLLECTED FROM 19,429
SETTLEMENTS MADE BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION, 19,430
INCLUDING THOSE ASSOCIATED WITH BANKRUPTCIES, RELATED TO ACTIONS 19,432
BROUGHT UNDER SECTION 3734.14, 3734.20, 3734.22, 6111.03, OR
6111.04 OF THE REVISED CODE; AND ANY MONEYS RECEIVED UNDER THE 19,434
"COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 19,438
LIABILITY ACT OF 1980," 94 STAT. 2767, 42 U.S.C. 9602, AS 19,439
AMENDED, MAY BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 19,440
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 19,441
AT A HAZARDOUS WASTE FACILITY, SOLID WASTE FACILITY, OR OTHER 19,442
LOCATION AT WHICH THE DIRECTOR HAS REASON TO BELIEVE THERE IS A 19,443
SUBSTANTIAL THREAT TO PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT. 19,444
REMEDIATION MAY INCLUDE THE DIRECT AND INDIRECT COSTS ASSOCIATED 19,445
WITH THE OVERSEEING, SUPERVISING, PERFORMING, VERIFYING, OR 19,446
REVIEWING OF REMEDIATION ACTIVITIES BY AGENCY EMPLOYEES. ALL 19,447
INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 19,448
Sec. 3734.57. (A) For the purposes of paying the state's 19,457
long-term operation costs or matching share for actions taken 19,458
under the "Comprehensive Environmental Response, Compensation, 19,459
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 19,460
amended; paying the costs of measures for proper clean-up of 19,461
sites where polychlorinated biphenyls and substances, equipment, 19,462
and devices containing or contaminated with polychlorinated 19,463
biphenyls have been stored or disposed of; paying the costs of 19,464
conducting surveys or investigations of solid waste facilities or 19,465
other locations where it is believed that significant quantities 19,466
of hazardous waste were disposed of and for conducting 19,467
enforcement actions arising from the findings of such surveys or 19,468
investigations; and paying the costs of acquiring and cleaning 19,469
up, or providing financial assistance for cleaning up, any 19,470
hazardous waste facility or solid waste facility containing 19,471
significant quantities of hazardous waste, that constitutes an 19,472
451
imminent and substantial threat to public health or safety or the 19,473
environment; and, from July 1, 1997 1999, through June 30, 1999 19,475
2001, for the purposes of paying the costs of administering and 19,476
enforcing the laws pertaining to solid wastes, infectious wastes, 19,477
and construction and demolition debris, including, without 19,478
limitation, ground water evaluations related to solid wastes, 19,479
infectious wastes, and construction and demolition debris, under 19,480
this chapter and Chapter 3714. of the Revised Code and any rules 19,481
adopted under them, and paying a share of the administrative 19,482
costs of the environmental protection agency pursuant to section 19,483
3745.014 of the Revised Code, the following fees are hereby 19,484
levied on the disposal of solid wastes in this state: 19,485
(1) One dollar per ton on and after July 1, 1993; 19,487
(2) An additional seventy-five cents per ton on and after 19,490
July 1, 1997 1999, through June 30, 1999 2001. 19,491
The owner or operator of a solid waste disposal facility 19,493
shall collect the fees levied under this division as a trustee 19,494
for the state and shall prepare and file with the director of 19,495
environmental protection monthly returns indicating the total 19,496
tonnage of solid wastes received for disposal at the gate of the 19,497
facility and the total amount of the fees collected under this 19,498
division. Not later than thirty days after the last day of the 19,499
month to which such a return applies, the owner or operator shall 19,500
mail to the director the return for that month together with the 19,501
fees collected during that month as indicated on the return. The 19,502
owner or operator may request an extension of not more than 19,503
thirty days for filing the return and remitting the fees, 19,504
provided that the owner or operator has submitted such a request 19,506
in writing to the director together with a detailed description 19,507
of why the extension is requested, the director has received the 19,508
request not later than the day on which the return is required to 19,509
be filed, and the director has approved the request. If the fees 19,510
are not remitted within sixty days after the last day of the 19,511
month during which they were collected, the owner or operator 19,512
452
shall pay an additional fifty per cent of the amount of the fees 19,513
for each month that they are late. 19,514
One-half of the moneys remitted to the director under 19,516
division (A)(1) of this section shall be credited to the 19,517
hazardous waste facility management fund created in section 19,518
3734.18 of the Revised Code, and one-half shall be credited to 19,519
the hazardous waste clean-up fund created in section 3734.28 of 19,520
the Revised Code. The moneys remitted to the director under 19,521
division (A)(2) of this section shall be credited to the solid 19,522
waste fund, which is hereby created in the state treasury. The 19,523
environmental protection agency shall use moneys in the solid 19,524
waste fund only to pay the costs of administering and enforcing 19,525
the laws pertaining to solid wastes, infectious wastes, and 19,526
construction and demolition debris, including, without 19,527
limitation, ground water evaluations related to solid wastes, 19,528
infectious wastes, and construction and demolition debris, under 19,529
this chapter and Chapter 3714. of the Revised Code and rules 19,530
adopted under them and to pay a share of the administrative costs 19,532
of the environmental protection agency pursuant to section 19,533
3745.014 of the Revised Code. 19,534
The fees levied under this division and divisions (B) and 19,536
(C) of this section are in addition to all other applicable fees 19,537
and taxes and shall be added to any other fee or amount specified 19,538
in a contract that is charged by the owner or operator of a solid 19,539
waste disposal facility or to any other fee or amount that is 19,540
specified in a contract entered into on or after March 4, 1992, 19,541
and that is charged by a transporter of solid wastes. 19,542
(B) For the purpose of preparing, revising, and 19,544
implementing the solid waste management plan of the county or 19,545
joint solid waste management district, including, without 19,546
limitation, the development and implementation of solid waste 19,547
recycling or reduction programs; providing financial assistance 19,548
to boards of health within the district, if solid waste 19,549
facilities are located within the district, for the enforcement 19,550
453
of this chapter and rules adopted and orders and terms and 19,552
conditions of permits, licenses, and variances issued under it, 19,553
other than the hazardous waste provisions of this chapter and 19,554
rules adopted and orders and terms and conditions of permits 19,555
issued under those provisions; providing financial assistance to 19,557
the county to defray the added costs of maintaining roads and 19,558
other public facilities and of providing emergency and other 19,559
public services resulting from the location and operation of a 19,560
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 19,561
by boards of health for collecting and analyzing water samples 19,562
from public or private wells on lands adjacent to solid waste 19,563
facilities that are contained in the approved or amended plan of 19,564
the district; paying the costs of developing and implementing a 19,565
program for the inspection of solid wastes generated outside the 19,566
boundaries of this state that are disposed of at solid waste 19,567
facilities included in the district's approved solid waste 19,568
management plan or amended plan; providing financial assistance 19,569
to boards of health within the district for enforcing laws 19,570
prohibiting open dumping; providing financial assistance to local 19,571
law enforcement agencies within the district for enforcing laws 19,572
and ordinances prohibiting littering; providing financial 19,573
assistance to boards of health of health districts within the 19,574
district that are on the approved list under section 3734.08 of 19,575
the Revised Code for the training and certification required for 19,576
their employees responsible for solid waste enforcement by rules 19,577
adopted under division (L) of section 3734.02 of the Revised 19,578
Code; providing financial assistance to individual municipal 19,579
corporations and townships within the district to defray their 19,580
added costs of maintaining roads and other public facilities and 19,581
of providing emergency and other public services resulting from 19,582
the location and operation within their boundaries of a 19,583
composting, energy or resource recovery, incineration, or 19,584
recycling facility that either is owned by the district or is 19,585
454
furnishing solid waste management facility or recycling services 19,586
to the district pursuant to a contract or agreement with the 19,587
board of county commissioners or directors of the district; and 19,588
payment of any expenses that are agreed to, awarded, or ordered 19,589
to be paid under section 3734.35 of the Revised Code and of any 19,591
administrative costs incurred pursuant to that section, the solid 19,592
waste management policy committee of a county or joint solid 19,593
waste management district may levy fees upon the following
activities: 19,594
(1) The disposal at a solid waste disposal facility 19,596
located in the district of solid wastes generated within the 19,597
district; 19,598
(2) The disposal at a solid waste disposal facility within 19,600
the district of solid wastes generated outside the boundaries of 19,601
the district, but inside this state; 19,602
(3) The disposal at a solid waste disposal facility within 19,604
the district of solid wastes generated outside the boundaries of 19,605
this state. 19,606
If any such fees are levied prior to January 1, 1994, fees 19,608
levied under division (B)(1) of this section always shall be 19,609
equal to one-half of the fees levied under division (B)(2) of 19,610
this section, and fees levied under division (B)(3) of this 19,611
section, which shall be in addition to fees levied under division 19,612
(B)(2) of this section, always shall be equal to fees levied 19,613
under division (B)(1) of this section, except as otherwise 19,614
provided in this division. The solid waste management plan of 19,615
the county or joint district approved under section 3734.521 or 19,616
3734.55 of the Revised Code and any amendments to it, or the 19,617
resolution adopted under this division, as appropriate, shall 19,618
establish the rates of the fees levied under divisions (B)(1), 19,619
(2), and (3) of this section, if any, and shall specify whether 19,620
the fees are levied on the basis of tons or cubic yards as the 19,621
unit of measurement. Although the fees under divisions (A)(1) 19,622
and (2) of this section are levied on the basis of tons as the 19,623
455
unit of measurement, the solid waste management plan of the 19,624
district and any amendments to it or the solid waste management 19,625
policy committee in its resolution levying fees under this 19,626
division may direct that the fees levied under those divisions be 19,627
levied on the basis of cubic yards as the unit of measurement 19,628
based upon a conversion factor of three cubic yards per ton 19,629
generally or one cubic yard per ton for baled wastes if the fees 19,630
under divisions (B)(1) to (3) of this section are being levied on 19,631
the basis of cubic yards as the unit of measurement under the 19,632
plan, amended plan, or resolution. 19,633
On and after January 1, 1994, the fee levied under division 19,635
(B)(1) of this section shall be not less than one dollar per ton 19,636
nor more than two dollars per ton, the fee levied under division 19,637
(B)(2) of this section shall be not less than two dollars per ton 19,638
nor more than four dollars per ton, and the fee levied under 19,639
division (B)(3) of this section shall be not more than the fee 19,640
levied under division (B)(1) of this section, except as otherwise 19,641
provided in this division and notwithstanding any schedule of 19,642
those fees established in the solid waste management plan of a 19,643
county or joint district approved under section 3734.55 of the 19,644
Revised Code or a resolution adopted and ratified under this 19,645
division that is in effect on that date. If the fee that a 19,646
district is levying under division (B)(1) of this section on that 19,647
date under its approved plan or such a resolution is less than 19,648
one dollar per ton, the fee shall be one dollar per ton on and 19,649
after January 1, 1994, and if the fee that a district is so 19,650
levying under that division exceeds two dollars per ton, the fee 19,651
shall be two dollars per ton on and after that date. If the fee 19,652
that a district is so levying under division (B)(2) of this 19,653
section is less than two dollars per ton, the fee shall be two 19,654
dollars per ton on and after that date, and if the fee that the 19,655
district is so levying under that division exceeds four dollars 19,656
per ton, the fee shall be four dollars per ton on and after that 19,657
date. On that date, the fee levied by a district under division 19,658
456
(B)(3) of this section shall be equal to the fee levied under 19,659
division (B)(1) of this section. Except as otherwise provided in 19,660
this division, the fees established by the operation of this 19,661
amendment shall remain in effect until the district's resolution 19,662
levying fees under this division is amended or repealed in 19,663
accordance with this division to amend or abolish the schedule of 19,664
fees, the schedule of fees is amended or abolished in an amended 19,665
plan of the district approved under section 3734.521 or division 19,666
(A) or (D) of section 3734.56 of the Revised Code, or the 19,667
schedule of fees is amended or abolished through an amendment to 19,668
the district's plan under division (E) of section 3734.56 of the 19,669
Revised Code; the notification of the amendment or abolishment of 19,670
the fees has been given in accordance with this division; and 19,671
collection of the amended fees so established commences, or 19,672
collection of the fees ceases, in accordance with this division. 19,673
The solid waste management policy committee of a district 19,675
levying fees under divisions (B)(1) to (3) of this section on 19,677
October 29, 1993, under its solid waste management plan approved 19,678
under section 3734.55 of the Revised Code or a resolution adopted 19,680
and ratified under this division that are within the ranges of 19,681
rates prescribed by this amendment, by adoption of a resolution 19,682
not later than December 1, 1993, and without the necessity for 19,683
ratification of the resolution under this division, may amend 19,684
those fees within the prescribed ranges, provided that the 19,685
estimated revenues from the amended fees will not substantially 19,686
exceed the estimated revenues set forth in the district's budget 19,687
for calendar year 1994. Not later than seven days after the 19,688
adoption of such a resolution, the committee shall notify by 19,689
certified mail the owner or operator of each solid waste disposal 19,690
facility that is required to collect the fees of the adoption of 19,691
the resolution and of the amount of the amended fees. Collection 19,692
of the amended fees shall take effect on the first day of the 19,693
first month following the month in which the notification is sent 19,694
to the owner or operator. The fees established in such a 19,695
457
resolution shall remain in effect until the district's resolution 19,696
levying fees that was adopted and ratified under this division is 19,697
amended or repealed, and the amendment or repeal of the 19,698
resolution is ratified, in accordance with this division, to 19,699
amend or abolish the fees, the schedule of fees is amended or 19,700
abolished in an amended plan of the district approved under 19,701
section 3734.521 or division (A) or (D) of section 3734.56 of the 19,702
Revised Code, or the schedule of fees is amended or abolished 19,703
through an amendment to the district's plan under division (E) of 19,704
section 3734.56 of the Revised Code; the notification of the 19,705
amendment or abolishment of the fees has been given in accordance 19,706
with this division; and collection of the amended fees so 19,707
established commences, or collection of the fees ceases, in 19,708
accordance with this division.
Prior to the approval of the solid waste management plan of 19,710
the district under section 3734.55 of the Revised Code, the solid 19,711
waste management policy committee of a district may levy fees 19,712
under this division by adopting a resolution establishing the 19,713
proposed amount of the fees. Upon adopting the resolution, the 19,714
committee shall deliver a copy of the resolution to the board of 19,715
county commissioners of each county forming the district and to 19,716
the legislative authority of each municipal corporation and 19,717
township under the jurisdiction of the district and shall prepare 19,718
and publish the resolution and a notice of the time and location 19,719
where a public hearing on the fees will be held. Upon adopting 19,720
the resolution, the committee shall deliver written notice of the 19,721
adoption of the resolution; of the amount of the proposed fees; 19,722
and of the date, time, and location of the public hearing to the 19,723
director and to the fifty industrial, commercial, or 19,724
institutional generators of solid wastes within the district that 19,725
generate the largest quantities of solid wastes, as determined by 19,726
the committee, and to their local trade associations. The 19,727
committee shall make good faith efforts to identify those 19,728
generators within the district and their local trade 19,729
458
associations, but the nonprovision of notice under this division 19,730
to a particular generator or local trade association does not 19,731
invalidate the proceedings under this division. The publication 19,732
shall occur at least thirty days before the hearing. After the 19,733
hearing, the committee may make such revisions to the proposed 19,734
fees as it considers appropriate and thereafter, by resolution, 19,735
shall adopt the revised fee schedule. Upon adopting the revised 19,736
fee schedule, the committee shall deliver a copy of the 19,737
resolution doing so to the board of county commissioners of each 19,738
county forming the district and to the legislative authority of 19,739
each municipal corporation and township under the jurisdiction of 19,740
the district. Within sixty days after the delivery of a copy of 19,741
the resolution adopting the proposed revised fees by the policy 19,742
committee, each such board and legislative authority, by 19,743
ordinance or resolution, shall approve or disapprove the revised 19,744
fees and deliver a copy of the ordinance or resolution to the 19,745
committee. If any such board or legislative authority fails to 19,746
adopt and deliver to the policy committee an ordinance or 19,747
resolution approving or disapproving the revised fees within 19,748
sixty days after the policy committee delivered its resolution 19,749
adopting the proposed revised fees, it shall be conclusively 19,750
presumed that the board or legislative authority has approved the 19,751
proposed revised fees. 19,752
In the case of a county district or a joint district formed 19,754
by two or three counties, the committee shall declare the 19,755
proposed revised fees to be ratified as the fee schedule of the 19,756
district upon determining that the board of county commissioners 19,757
of each county forming the district has approved the proposed 19,758
revised fees and that the legislative authorities of a 19,759
combination of municipal corporations and townships with a 19,760
combined population within the district comprising at least sixty 19,761
per cent of the total population of the district have approved 19,762
the proposed revised fees, provided that in the case of a county 19,763
district, that combination shall include the municipal 19,764
459
corporation having the largest population within the boundaries 19,765
of the district, and provided further that in the case of a joint 19,766
district formed by two or three counties, that combination shall 19,767
include for each county forming the joint district the municipal 19,768
corporation having the largest population within the boundaries 19,769
of both the county in which the municipal corporation is located 19,770
and the joint district. In the case of a joint district formed 19,771
by four or more counties, the committee shall declare the 19,772
proposed revised fees to be ratified as the fee schedule of the 19,773
joint district upon determining that the boards of county 19,774
commissioners of a majority of the counties forming the district 19,775
have approved the proposed revised fees; that, in each of a 19,776
majority of the counties forming the joint district, the proposed 19,777
revised fees have been approved by the municipal corporation 19,778
having the largest population within the county and the joint 19,779
district; and that the legislative authorities of a combination 19,780
of municipal corporations and townships with a combined 19,781
population within the joint district comprising at least sixty 19,782
per cent of the total population of the joint district have 19,783
approved the proposed revised fees. 19,784
For the purposes of this division, only the population of 19,786
the unincorporated area of a township shall be considered. For 19,787
the purpose of determining the largest municipal corporation 19,788
within each county under this division, a municipal corporation 19,789
that is located in more than one solid waste management district, 19,790
but that is under the jurisdiction of one county or joint solid 19,791
waste management district in accordance with division (A) of 19,792
section 3734.52 of the Revised Code shall be considered to be 19,793
within the boundaries of the county in which a majority of the 19,794
population of the municipal corporation resides. 19,795
The committee may amend the schedule of fees levied 19,797
pursuant to a resolution or amended resolution adopted and 19,798
ratified under this division by adopting a resolution 19,799
establishing the proposed amount of the amended fees. The 19,800
460
committee may abolish the fees levied pursuant to such a 19,801
resolution or amended resolution by adopting a resolution 19,802
proposing to repeal them. Upon adopting such a resolution, the 19,803
committee shall proceed to obtain ratification of the resolution 19,804
in accordance with this division. 19,805
Not later than fourteen days after declaring the fees or 19,807
amended fees to be ratified under this division, the committee 19,808
shall notify by certified mail the owner or operator of each 19,809
solid waste disposal facility that is required to collect the 19,810
fees of the ratification and the amount of the fees. Collection 19,811
of any fees or amended fees ratified on or after March 24, 1992, 19,812
shall commence on the first day of the second month following the 19,813
month in which notification is sent to the owner or operator. 19,814
Not later than fourteen days after declaring the repeal of 19,816
the district's schedule of fees to be ratified under this 19,817
division, the committee shall notify by certified mail the owner 19,818
or operator of each facility that is collecting the fees of the 19,819
repeal. Collection of the fees shall cease on the first day of 19,820
the second month following the month in which notification is 19,821
sent to the owner or operator. 19,822
Not later than fourteen days after the director issues an 19,824
order approving a district's solid waste management plan under 19,825
section 3734.55 of the Revised Code or amended plan under 19,826
division (A) or (D) of section 3734.56 of the Revised Code that 19,827
establishes or amends a schedule of fees levied by the district, 19,828
or the ratification of an amendment to the district's approved 19,829
plan or amended plan under division (E) of section 3734.56 of the 19,830
Revised Code that establishes or amends a schedule of fees, as 19,831
appropriate, the committee shall notify by certified mail the 19,832
owner or operator of each solid waste disposal facility that is 19,833
required to collect the fees of the approval of the plan or 19,834
amended plan, or the amendment to the plan, as appropriate, and 19,835
the amount of the fees or amended fees. In the case of an 19,836
initial or amended plan approved under section 3734.521 of the 19,837
461
Revised Code in connection with a change in district composition, 19,838
other than one involving the withdrawal of a county from a joint 19,839
district, that establishes or amends a schedule of fees levied 19,840
under divisions (B)(1) to (3) of this section by a district 19,841
resulting from the change, the committee, within fourteen days 19,842
after the change takes effect pursuant to division (G) of that 19,843
section, shall notify by certified mail the owner or operator of 19,844
each solid waste disposal facility that is required to collect 19,845
the fees that the change has taken effect and of the amount of 19,846
the fees or amended fees. Collection of any fees set forth in a 19,847
plan or amended plan approved by the director on or after April 19,848
16, 1993, or an amendment of a plan or amended plan under 19,849
division (E) of section 3734.56 of the Revised Code that is 19,850
ratified on or after April 16, 1993, shall commence on the first 19,851
day of the second month following the month in which notification 19,852
is sent to the owner or operator. 19,853
Not later than fourteen days after the director issues an 19,855
order approving a district's plan under section 3734.55 of the 19,856
Revised Code or amended plan under division (A) or (D) of section 19,857
3734.56 of the Revised Code that abolishes the schedule of fees 19,858
levied under divisions (B)(1) to (3) of this section, or an 19,859
amendment to the district's approved plan or amended plan 19,860
abolishing the schedule of fees is ratified pursuant to division 19,861
(E) of section 3734.56 of the Revised Code, as appropriate, the 19,862
committee shall notify by certified mail the owner or operator of 19,863
each facility that is collecting the fees of the approval of the 19,864
plan or amended plan, or the amendment of the plan or amended 19,865
plan, as appropriate, and the abolishment of the fees. In the 19,866
case of an initial or amended plan approved under section 19,867
3734.521 of the Revised Code in connection with a change in 19,868
district composition, other than one involving the withdrawal of 19,869
a county from a joint district, that abolishes the schedule of 19,870
fees levied under divisions (B)(1) to (3) of this section by a 19,871
district resulting from the change, the committee, within 19,872
462
fourteen days after the change takes effect pursuant to division 19,873
(G) of that section, shall notify by certified mail the owner or 19,874
operator of each solid waste disposal facility that is required 19,875
to collect the fees that the change has taken effect and of the 19,876
abolishment of the fees. Collection of the fees shall cease on 19,877
the first day of the second month following the month in which 19,878
notification is sent to the owner or operator. 19,879
Except as otherwise provided in this division, if the 19,881
schedule of fees that a district is levying under divisions 19,882
(B)(1) to (3) of this section pursuant to a resolution or amended 19,883
resolution adopted and ratified under this division, the solid 19,884
waste management plan of the district approved under section 19,885
3734.55 of the Revised Code, an amended plan approved under 19,886
division (A) or (D) of section 3734.56 of the Revised Code, or an 19,887
amendment to the district's approved plan or amended plan under 19,888
division (E) of section 3734.56 of the Revised Code, is amended 19,889
by the adoption and ratification of an amendment to the 19,890
resolution or amended resolution or an amendment of the 19,891
district's approved plan or amended plan, the fees in effect 19,892
immediately prior to the approval of the plan or the amendment of 19,893
the resolution, amended resolution, plan, or amended plan, as 19,894
appropriate, shall continue to be collected until collection of 19,895
the amended fees commences pursuant to this division. 19,896
If, in the case of a change in district composition 19,898
involving the withdrawal of a county from a joint district, the 19,899
director completes the actions required under division (G)(1) or 19,900
(3) of section 3734.521 of the Revised Code, as appropriate, 19,901
forty-five days or more before the beginning of a calendar year, 19,902
the policy committee of each of the districts resulting from the 19,903
change that obtained the director's approval of an initial or 19,904
amended plan in connection with the change, within fourteen days 19,905
after the director's completion of the required actions, shall 19,906
notify by certified mail the owner or operator of each solid 19,907
waste disposal facility that is required to collect the 19,908
463
district's fees that the change is to take effect on the first 19,909
day of January immediately following the issuance of the notice 19,910
and of the amount of the fees or amended fees levied under 19,911
divisions (B)(1) to (3) of this section pursuant to the 19,912
district's initial or amended pan PLAN as so approved or, if 19,913
appropriate, the abolishment of the district's fees by that 19,914
initial or amended plan. Collection of any fees set forth in 19,915
such a plan or amended plan shall commence on the first day of 19,916
January immediately following the issuance of the notice. If 19,917
such an initial or amended plan abolishes a schedule of fees, 19,918
collection of the fees shall cease on that first day of January. 19,919
If, in the case of a change in district composition 19,921
involving the withdrawal of a county from a joint district, the 19,922
director completes the actions required under division (G)(1) or 19,923
(3) of section 3734.521 of the Revised Code, as appropriate, less 19,924
than forty-five days before the beginning of a calendar year, the 19,925
director, on behalf of each of the districts resulting from the 19,926
change that obtained the director's approval of an initial or 19,927
amended plan in connection with the change proceedings, shall 19,928
notify by certified mail the owner or operator of each solid 19,929
waste disposal facility that is required to collect the 19,930
district's fees that the change is to take effect on the first 19,931
day of January immediately following the mailing of the notice 19,932
and of the amount of the fees or amended fees levied under 19,933
divisions (B)(1) to (3) of this section pursuant to the 19,934
district's initial or amended plan as so approved or, if 19,935
appropriate, the abolishment of the district's fees by that 19,936
initial or amended plan. Collection of any fees set forth in 19,937
such a plan or amended plan shall commence on the first day of 19,938
the second month following the month in which notification is 19,939
sent to the owner or operator. If such an initial or amended 19,940
plan abolishes a schedule of fees, collection of the fees shall 19,941
cease on the first day of the second month following the month in 19,942
which notification is sent to the owner or operator. 19,943
464
In the case of a change in district composition, the 19,945
schedule of fees that the former districts that existed prior to 19,946
the change were levying under divisions (B)(1) to (3) of this 19,947
section pursuant to a resolution or amended resolution adopted 19,948
and ratified under this division, the solid waste management plan 19,949
of a former district approved under section 3734.521 or 3734.55 19,950
of the Revised Code, an amended plan approved under section 19,951
3734.521 or division (A) or (D) of section 3734.56 of the Revised 19,952
Code, or an amendment to a former district's approved plan or 19,953
amended plan under division (E) of section 3734.56 of the Revised 19,954
Code, and that were in effect on the date that the director 19,955
completed the actions required under division (G)(1) or (3) of 19,956
section 3734.521 of the Revised Code shall continue to be 19,957
collected until the collection of the fees or amended fees of the 19,958
districts resulting from the change is required to commence, or 19,959
if an initial or amended plan of a resulting district abolishes a 19,960
schedule of fees, collection of the fees is required to cease, 19,961
under this division. Moneys so received from the collection of 19,962
the fees of the former districts shall be divided among the 19,963
resulting districts in accordance with division (B) of section 19,964
343.012 of the Revised Code and the agreements entered into under 19,965
division (B) of section 343.01 of the Revised Code to establish 19,966
the former and resulting districts and any amendments to those 19,967
agreements. 19,968
For the purposes of the provisions of division (B) of this 19,970
section establishing the times when newly established or amended 19,971
fees levied by a district are required to commence and the 19,972
collection of fees that have been amended or abolished is 19,973
required to cease, "fees" or "schedule of fees" includes, in 19,974
addition to fees levied under divisions (B)(1) to (3) of this 19,975
section, those levied under section 3734.573 or 3734.574 of the 19,976
Revised Code. 19,977
(C) For the purposes of defraying the added costs to a 19,979
municipal corporation or township of maintaining roads and other 19,980
465
public facilities and of providing emergency and other public 19,981
services, and compensating a municipal corporation or township 19,982
for reductions in real property tax revenues due to reductions in 19,983
real property valuations resulting from the location and 19,984
operation of a solid waste disposal facility within the municipal 19,985
corporation or township, a municipal corporation or township in 19,986
which such a solid waste disposal facility is located may levy a 19,987
fee of not more than twenty-five cents per ton on the disposal of 19,988
solid wastes at a solid waste disposal facility located within 19,989
the boundaries of the municipal corporation or township 19,990
regardless of where the wastes were generated. 19,991
The legislative authority of a municipal corporation or 19,993
township may levy fees under this division by enacting an 19,994
ordinance or adopting a resolution establishing the amount of the 19,995
fees. Upon so doing the legislative authority shall mail a 19,996
certified copy of the ordinance or resolution to the board of 19,997
county commissioners or directors of the county or joint solid 19,998
waste management district in which the municipal corporation or 19,999
township is located or, if a regional solid waste management 20,000
authority has been formed under section 343.011 of the Revised 20,001
Code, to the board of trustees of that regional authority, the 20,002
owner or operator of each solid waste disposal facility in the 20,003
municipal corporation or township that is required to collect the 20,004
fee by the ordinance or resolution, and the director of 20,005
environmental protection. Although the fees levied under this 20,006
division are levied on the basis of tons as the unit of 20,007
measurement, the legislative authority, in its ordinance or 20,008
resolution levying the fees under this division, may direct that 20,009
the fees be levied on the basis of cubic yards as the unit of 20,010
measurement based upon a conversion factor of three cubic yards 20,011
per ton generally or one cubic yard per ton for baled wastes. 20,012
Not later than five days after enacting an ordinance or 20,014
adopting a resolution under this division, the legislative 20,015
authority shall so notify by certified mail the owner or operator 20,016
466
of each solid waste disposal facility that is required to collect 20,017
the fee. Collection of any fee levied on or after March 24, 20,018
1992, shall commence on the first day of the second month 20,019
following the month in which notification is sent to the owner or 20,020
operator. 20,021
(D)(1) The fees levied under divisions (A), (B), and (C) 20,023
of this section do not apply to the disposal of solid wastes 20,025
that:
(a) Are disposed of at a facility owned by the generator 20,027
of the wastes when the solid waste facility exclusively disposes 20,028
of solid wastes generated at one or more premises owned by the 20,029
generator regardless of whether the facility is located on a 20,030
premises where the wastes are generated; 20,031
(b) Are disposed of at facilities that exclusively dispose 20,033
of wastes that are generated from the combustion of coal, or from 20,034
the combustion of primarily coal in combination with scrap tires, 20,035
that is not combined in any way with garbage at one or more 20,036
premises owned by the generator. 20,037
(2) Except as provided in section 3734.571 of the Revised 20,039
Code, any fees levied under division (B)(1) of this section apply 20,040
to solid wastes originating outside the boundaries of a county or 20,041
joint district that are covered by an agreement for the joint use 20,042
of solid waste facilities entered into under section 343.02 of 20,043
the Revised Code by the board of county commissioners or board of 20,044
directors of the county or joint district where the wastes are 20,045
generated and disposed of. 20,046
(3) When solid wastes, other than solid wastes that 20,048
consist of scrap tires, are burned in a disposal facility that is 20,049
an incinerator or energy recovery facility, the fees levied under 20,050
divisions (A), (B), and (C) of this section shall be levied upon 20,052
the disposal of the fly ash and bottom ash remaining after 20,053
burning of the solid wastes and shall be collected by the owner 20,054
or operator of the sanitary landfill where the ash is disposed 20,055
of.
467
(4) When solid wastes are delivered to a solid waste 20,057
transfer facility, the fees levied under divisions (A), (B), and 20,058
(C) of this section shall be levied upon the disposal of solid 20,060
wastes transported off the premises of the transfer facility for 20,061
disposal and shall be collected by the owner or operator of the 20,062
solid waste disposal facility where the wastes are disposed of. 20,063
(5) The fees levied under divisions (A), (B), and (C) of 20,065
this section do not apply to sewage sludge that is generated by a 20,066
waste water treatment facility holding a national pollutant 20,067
discharge elimination system permit and that is disposed of 20,068
through incineration, land application, or composting or at 20,069
another resource recovery or disposal facility that is not a 20,070
landfill. 20,071
(6) The fees levied under divisions (A), (B), and (C) of 20,073
this section do not apply to solid wastes delivered to a solid 20,074
waste composting facility for processing. When any unprocessed 20,075
solid waste or compost product is transported off the premises of 20,076
a composting facility and disposed of at a landfill, the fees 20,077
levied under divisions (A), (B), and (C) of this section shall be 20,078
collected by the owner or operator of the landfill where the 20,079
unprocessed waste or compost product is disposed of. 20,080
(7) When solid wastes that consist of scrap tires are 20,082
processed at a scrap tire recovery facility, the fees levied 20,083
under divisions (A), (B), and (C) of this section shall be levied 20,085
upon the disposal of the fly ash and bottom ash or other solid 20,086
wastes remaining after the processing of the scrap tires and 20,087
shall be collected by the owner or operator of the solid waste 20,088
disposal facility where the ash or other solid wastes are 20,089
disposed of.
(E) The fees levied under divisions (B) and (C) of this 20,092
section shall be collected by the owner or operator of the solid 20,093
waste disposal facility where the wastes are disposed of as a 20,094
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 20,095
468
from the fees levied under division (B) of this section shall be 20,097
forwarded to the board of county commissioners or board of 20,098
directors of the district in accordance with rules adopted under 20,099
division (H) of this section. Moneys from the fees levied under 20,100
division (C) of this section shall be forwarded to the treasurer 20,101
or such other officer of the municipal corporation as, by virtue 20,102
of the charter, has the duties of the treasurer or to the clerk 20,103
of the township, as appropriate, in accordance with those rules. 20,104
(F) Moneys received by the treasurer or such other officer 20,106
of the municipal corporation under division (E) of this section 20,107
shall be paid into the general fund of the municipal corporation. 20,108
Moneys received by the clerk of the township under that division 20,109
shall be paid into the general fund of the township. The 20,110
treasurer or such other officer of the municipal corporation or 20,111
the clerk, as appropriate, shall maintain separate records of the 20,112
moneys received from the fees levied under division (C) of this 20,113
section. 20,114
(G) Moneys received by the board of county commissioners 20,116
or board of directors under division (E) of this section or 20,117
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 20,118
Code shall be paid to the county treasurer, or other official 20,119
acting in a similar capacity under a county charter, in a county 20,120
district or to the county treasurer or other official designated 20,121
by the board of directors in a joint district and kept in a 20,122
separate and distinct fund to the credit of the district. If a 20,123
regional solid waste management authority has been formed under 20,124
section 343.011 of the Revised Code, moneys received by the board 20,125
of trustees of that regional authority under division (E) of this 20,126
section shall be kept by the board in a separate and distinct 20,127
fund to the credit of the district. Moneys in the special fund 20,128
of the county or joint district arising from the fees levied 20,129
under division (B) of this section and the fee levied under 20,131
division (A) of section 3734.573 of the Revised Code shall be 20,132
expended by the board of county commissioners or directors of the 20,133
469
district in accordance with the district's solid waste management 20,134
plan or amended plan approved under section 3734.521, 3734.55, or 20,135
3734.56 of the Revised Code exclusively for the following 20,136
purposes:
(1) Preparation of the solid waste management plan of the 20,138
district under section 3734.54 of the Revised Code, monitoring 20,139
implementation of the plan, and conducting the periodic review 20,140
and amendment of the plan required by section 3734.56 of the 20,141
Revised Code by the solid waste management policy committee; 20,142
(2) Implementation of the approved solid waste management 20,144
plan or amended plan of the district, including, without 20,145
limitation, the development and implementation of solid waste 20,146
recycling or reduction programs; 20,147
(3) Providing financial assistance to boards of health 20,149
within the district, if solid waste facilities are located within 20,150
the district, for enforcement of this chapter and rules, orders, 20,151
and terms and conditions of permits, licenses, and variances 20,153
adopted or issued under it, other than the hazardous waste 20,154
provisions of this chapter and rules adopted and orders and terms 20,155
and conditions of permits issued under those provisions; 20,157
(4) Providing financial assistance to each county within 20,159
the district to defray the added costs of maintaining roads and 20,160
other public facilities and of providing emergency and other 20,161
public services resulting from the location and operation of a 20,162
solid waste facility within the county under the district's 20,163
approved solid waste management plan or amended plan; 20,164
(5) Pursuant to contracts entered into with boards of 20,166
health within the district, if solid waste facilities contained 20,167
in the district's approved plan or amended plan are located 20,168
within the district, for paying the costs incurred by those 20,169
boards of health for collecting and analyzing samples from public 20,170
or private water wells on lands adjacent to those facilities; 20,171
(6) Developing and implementing a program for the 20,173
inspection of solid wastes generated outside the boundaries of 20,174
470
this state that are disposed of at solid waste facilities 20,175
included in the district's approved solid waste management plan 20,176
or amended plan; 20,177
(7) Providing financial assistance to boards of health 20,179
within the district for the enforcement of section 3734.03 of the 20,180
Revised Code or to local law enforcement agencies having 20,181
jurisdiction within the district for enforcing anti-littering 20,182
laws and ordinances; 20,183
(8) Providing financial assistance to boards of health of 20,185
health districts within the district that are on the approved 20,186
list under section 3734.08 of the Revised Code to defray the 20,187
costs to the health districts for the participation of their 20,188
employees responsible for enforcement of the solid waste 20,189
provisions of this chapter and rules adopted and orders and terms 20,190
and conditions of permits, licenses, and variances issued under 20,191
those provisions in the training and certification program as 20,192
required by rules adopted under division (L) of section 3734.02 20,193
of the Revised Code; 20,194
(9) Providing financial assistance to individual municipal 20,196
corporations and townships within the district to defray their 20,197
added costs of maintaining roads and other public facilities and 20,198
of providing emergency and other public services resulting from 20,199
the location and operation within their boundaries of a 20,200
composting, energy or resource recovery, incineration, or 20,201
recycling facility that either is owned by the district or is 20,202
furnishing solid waste management facility or recycling services 20,203
to the district pursuant to a contract or agreement with the 20,204
board of county commissioners or directors of the district; 20,205
(10) Payment of any expenses that are agreed to, awarded, 20,207
or ordered to be paid under section 3734.35 of the Revised Code 20,208
and of any administrative costs incurred pursuant to that 20,209
section. In the case of a joint solid waste management district, 20,210
if the board of county commissioners of one of the counties in 20,211
the district is negotiating on behalf of affected communities, as
471
defined in that section, in that county, the board shall obtain 20,212
the approval of the board of directors of the district in order 20,213
to expend moneys for administrative costs incurred. 20,214
Prior to the approval of the district's solid waste 20,216
management plan under section 3734.55 of the Revised Code, moneys 20,217
in the special fund of the district arising from the fees shall 20,219
be expended for those purposes in the manner prescribed by the 20,221
solid waste management policy committee by resolution. 20,222
Notwithstanding division (G)(6) of this section as it 20,225
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 20,228
with division (B)(2)(e) of section 3734.53 of the Revised Code as 20,229
it existed prior to that date, any moneys arising from the fees 20,230
levied under division (B)(3) of this section prior to January 1, 20,231
1994, may be expended for any of the purposes authorized in 20,232
divisions (G)(1) to (10) of this section. 20,233
(H) The director shall adopt rules in accordance with 20,236
Chapter 119. of the Revised Code prescribing procedures for 20,237
collecting and forwarding the fees levied under divisions (B) and 20,238
(C) of this section to the boards of county commissioners or 20,239
directors of county or joint solid waste management districts and 20,240
to the treasurers or other officers of municipal corporations or 20,241
to the clerks of townships. The rules also shall prescribe the 20,242
dates for forwarding the fees to the boards and officials and may 20,243
prescribe any other requirements the director considers necessary 20,244
or appropriate to implement and administer divisions (A), (B), 20,245
and (C) of this section. Collection of the fees levied under 20,246
division (A)(1) of this section shall commence on July 1, 1993. 20,247
Collection of the fees levied under division (A)(2) of this 20,249
section shall commence on January 1, 1994. 20,250
Sec. 3734.82. (A) The annual fee for a scrap tire 20,259
recovery facility license issued under section 3734.81 of the 20,260
Revised Code shall be in accordance with the following schedule: 20,261
Daily Design Input Annual License 20,263
472
Capacity (Tons) Fee 20,264
1 or less $ 100 20,265
2 to 25 500 20,266
26 to 50 1,000 20,267
51 to 100 1,500 20,268
101 to 200 2,500 20,269
201 to 500 3,500 20,270
501 or more 5,500 20,271
For the purpose of determining the applicable license fee 20,274
under this division, the daily design input capacity shall be the 20,275
quantity of scrap tires the facility is designed to process daily 20,276
as set forth in the registration certificate or permit for the 20,277
facility, and any modifications to the permit, if applicable, 20,278
issued under section 3734.78 of the Revised Code. 20,279
(B) The annual fee for a scrap tire monocell or monofill 20,281
facility license shall be in accordance with the following 20,282
schedule: 20,283
Authorized Maximum Annual License 20,285
Daily Waste Receipt Fee 20,286
(Tons) 20,287
100 or less $ 5,000 20,288
101 to 200 12,500 20,289
201 to 500 30,000 20,290
501 or more 60,000 20,291
For the purpose of determining the applicable license fee 20,294
under this division, the authorized maximum daily waste receipt 20,295
shall be the maximum amount of scrap tires the facility is 20,296
authorized to receive daily that is established in the permit for 20,297
the facility, and any modification to that permit, issued under 20,298
section 3734.77 of the Revised Code. 20,299
(C)(1) Except as otherwise provided in division (C)(2) of 20,301
this section, the annual fee for a scrap tire storage facility 20,302
license shall equal one thousand dollars times the number of 20,303
acres on which scrap tires are to be stored at the facility 20,304
473
during the license year, as set forth on the application for the 20,305
annual license, except that the total annual license fee for any 20,306
such facility shall not exceed three thousand dollars. 20,307
(2) The annual fee for a scrap tire storage facility 20,309
license for a storage facility that is owned or operated by a 20,310
motor vehicle salvage dealer licensed under Chapter 4738. of the 20,311
Revised Code is one hundred dollars. 20,312
(D)(1) Except as otherwise provided in division (D)(2) of 20,314
this section, the annual fee for a scrap tire collection facility 20,315
license is two hundred dollars. 20,316
(2) The annual fee for a scrap tire collection facility 20,318
license for a collection facility that is owned or operated by a 20,319
motor vehicle salvage dealer licensed under Chapter 4738. of the 20,320
Revised Code is fifty dollars. 20,321
(E) Except as otherwise provided in divisions (C)(2) and 20,323
(D)(2) of this section, the same fees apply to private operators 20,324
and to the state and its political subdivisions and shall be paid 20,325
within thirty days after the issuance of a license. The fees 20,326
include the cost of licensing, all inspections, and other costs 20,327
associated with the administration of the scrap tire provisions 20,328
of this chapter and rules adopted under them. Each license shall 20,329
specify that it is conditioned upon payment of the applicable fee 20,330
to the board of health or the director of environmental 20,331
protection, as appropriate, within thirty days after the issuance 20,333
of the license.
(F) The board of health shall retain fifteen thousand 20,335
dollars of each license fee collected by the board under division 20,336
(B) of this section, or the entire amount of any such fee that is 20,337
less than fifteen thousand dollars, and the entire amount of each 20,338
license fee collected by the board under divisions (A), (C), and 20,339
(D) of this section. The moneys retained shall be paid into a 20,340
special fund, which is hereby created in each health district, 20,341
and used solely to administer and enforce the scrap tire 20,342
provisions of this chapter and rules adopted under them. The 20,343
474
remainder, if any, of each license fee collected by the board 20,344
under division (B) of this section shall be transmitted to the 20,345
director within forty-five days after receipt of the fee. 20,347
(G) The director shall transmit the moneys received by the 20,349
director from license fees collected under division (B) of this 20,350
section to the treasurer of state to be credited to the scrap 20,351
tire management fund, which is hereby created in the state 20,352
treasury. The fund shall consist of all federal moneys received 20,353
by the environmental protection agency for the scrap tire 20,354
management program; all grants, gifts, and contributions made to 20,355
the director for that program; and all other moneys that may be 20,356
provided by law for that program. The director shall use moneys 20,357
in the fund as follows: 20,358
(1) Expend not more than seven hundred fifty thousand 20,360
dollars during each fiscal year to implement, administer, and 20,362
enforce the scrap tire provisions of this chapter and rules 20,363
adopted under them; 20,364
(2) For fiscal years 1998 and 1999, grant not more than 20,368
one hundred fifty thousand dollars during each fiscal year to the 20,369
polymer institute at the university of Akron for the purpose of 20,370
expediting research concerning and evaluation of alternative 20,371
methods of recycling scrap tires. The institute shall report to 20,372
the director annually concerning research programs under review, 20,373
and the results of scrap tire recycling experiments conducted, by 20,374
or in conjunction with the institute. The university shall 20,375
report to the director biennially concerning the expenditures of 20,376
moneys received by the institute under division (G)(2) of this 20,377
section.
(3) During each of fiscal years 1998, 1999, and 2000 YEAR, 20,380
request the director of budget and management to, and the 20,382
director of budget and management shall, transfer one million 20,383
dollars to the facilities establishment SCRAP TIRE LOANS AND 20,384
GRANTS fund created in section 166.03 166.032 of the Revised Code 20,385
for the purposes specified in that section; 20,386
475
(4) Annually transfer to the central support indirect fund 20,388
created in section 3745.014 of the Revised Code an amount equal 20,390
to not more than twelve per cent of each fiscal year's 20,391
appropriation to the scrap tire management fund.
(H)(1) If, during A fiscal year 1997, 1998, 1999, or 2000, 20,393
more than three million five hundred thousand dollars are 20,395
credited to the scrap tire management fund, the director, at the 20,396
conclusion of the fiscal year, shall request the director of 20,398
budget and management to, and the director of budget and 20,399
management shall, transfer to the facilities establishment SCRAP 20,401
TIRE LOANS AND GRANTS fund one-half of the moneys credited to the 20,403
scrap tire management fund in excess of that amount. 20,404
(2) In each of fiscal years 1998, 1999, and 2000 YEAR, if 20,407
more than three million five hundred thousand dollars are 20,408
credited to the scrap tire management fund during the preceding 20,409
fiscal year, the director shall expend during the current fiscal 20,410
year one-half of that excess amount to conduct removal operations 20,411
under section 3734.85 of the Revised Code. 20,412
(I) After the actions in divisions (G)(1) to (4) and (H) 20,415
of this section are completed during each of fiscal years 1998,
1999, and 2000 YEAR, the director may expend up to the balance 20,416
remaining from prior fiscal years in the scrap tire management 20,418
fund to conduct removal actions under section 3734.85 of the 20,419
Revised Code. Prior to using any moneys in the fund for that 20,420
purpose in a fiscal year, the director shall request the approval 20,421
of the controlling board for that use of the moneys. The request 20,422
shall be accompanied by a plan describing the removal actions to 20,423
be conducted during the fiscal year and an estimate of the costs 20,424
of conducting them. The controlling board shall approve the plan 20,425
only if the board finds that the proposed removal actions are in 20,426
accordance with the priorities set forth in division (B) of 20,427
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. 20,429
Sec. 3734.87. Not later than five years after the 20,438
476
effective date of this section DURING THE YEARS 2002 AND 2006, 20,439
the director of environmental protection shall submit a report to 20,440
the speaker of the house of representatives and the president of 20,441
the senate concerning the implementation, administration, and 20,442
enforcement of the scrap tire provisions of this chapter and 20,443
rules adopted under them, including at least a discussion of the 20,444
expenditure of moneys from the scrap tire management fund created 20,445
in section 3734.82 of the Revised Code and recommendations
concerning any legislative changes needed to improve that 20,446
implementation, administration, and enforcement. 20,447
Sec. 3734.901. (A) For the purpose of providing revenue 20,456
to defray the cost of administering and enforcing the scrap tire 20,457
provisions of this chapter, rules adopted under those provisions, 20,458
and terms and conditions of orders, variances, and licenses 20,459
issued under those provisions; to abate accumulations of scrap 20,460
tires; to make grants to promote research regarding alternative 20,461
methods of recycling scrap tires and loans to promote the 20,462
recycling or recovery of energy from scrap tires; and to defray 20,463
the costs of administering and enforcing sections 3734.90 to 20,464
3734.9014 of the Revised Code, a fee of fifty cents per tire is 20,465
hereby levied on the sale of tires. The fee is levied from the 20,466
first day of the calendar month that begins next after thirty 20,467
days from the effective date of this section OCTOBER 29, 1993, 20,469
through June 30, 2000 2006. 20,470
(B) Only one sale of the same article shall be used in 20,472
computing the amount of the fee due. 20,473
Sec. 3742.03. Not later than six months after the 20,483
effective date of this section, the THE public health council 20,485
shall adopt rules in accordance with Chapter 119. of the Revised 20,486
Code for the administration and enforcement of this chapter. The 20,487
rules shall specify all of the following: 20,488
(A) Procedures to be followed by any individual licensed 20,490
under section 3742.05 of the Revised Code for undertaking lead 20,491
abatement activities; 20,492
477
(B)(1) Requirements for training and licensure, in 20,494
addition to those established under section 3742.08 of the 20,495
Revised Code, to include levels of training and periodic 20,496
refresher training for each class of worker, and to be used for 20,497
licensure under section 3742.05 of the Revised Code. These 20,498
requirements shall include at least twenty-four classroom hours 20,499
of training based on the Occupational Safety and Health Act 20,500
training program for lead set forth in 29 C.F.R. 1926.62. In 20,501
establishing the training and licensure requirements, the public 20,502
health council shall consider the core of information that is 20,503
needed by all licensed persons, and establish the training 20,504
requirements so that persons who would seek licenses in more than 20,505
one area would not have to take duplicative course work. 20,506
(2) Persons certified by the American board of industrial 20,508
hygiene as a certified industrial hygienist (CIH) or as an 20,509
industrial hygienist-in-training (IHIT), and persons registered 20,510
as a sanitarian or sanitarian-in-training under Chapter 4736. of 20,511
the Revised Code, shall be exempt from any training requirements 20,512
for initial licensure established under this chapter, but shall 20,513
be required to take any examinations for licensure required under 20,514
section 3742.05 of the Revised Code. 20,515
(C) Fees for licenses issued under section 3742.05 of the 20,517
Revised Code and for their renewal. The public health council 20,519
may establish an "examination only" fee for licensure of persons 20,520
who are exempt from training requirements for licensure but who 20,522
are required to take examinations for licensure.; 20,524
(D) Procedures to be followed by lead inspectors, lead 20,526
abatement contractors, environmental lead analytical 20,527
laboratories, lead risk assessors, lead abatement project 20,528
designers, and lead abatement workers to prevent public exposure 20,529
to lead hazards and ensure worker protection during lead 20,530
abatement projects; 20,531
(E)(1) Record-keeping and reporting requirements for 20,533
clinical laboratories, environmental lead analytical 20,534
478
laboratories, lead inspectors, lead abatement contractors, lead 20,535
risk assessors, lead abatement project designers, and lead 20,536
abatement workers for lead abatement projects; 20,537
(2) Record-keeping and reporting requirements regarding 20,539
lead poisoning for physicians, in addition to the requirements of 20,540
section 3701.25 of the Revised Code; 20,541
(3) Information that is required to be reported under 20,543
rules based on divisions (E)(1) and (2) of this section and that 20,544
is a medical record is not a public record under section 149.43 20,545
of the Revised Code and shall not be released, except in 20,546
aggregate statistical form. 20,547
(F) Procedures for inspections conducted by the director 20,549
of health or a board of health under section 3742.12 or 3742.13 20,550
of the Revised Code; 20,551
(G) The level of lead in lead-based paint, 20,553
lead-contaminated dust, and lead-contaminated soil that is 20,554
hazardous to human health; 20,555
(H) The level of lead in human blood that is hazardous to 20,557
human health according to information obtained from the centers 20,558
for disease control and prevention in the public health service 20,559
of the United States department of health and human services; 20,560
(I) Environmental sampling techniques for use in 20,562
collecting samples of air, water, paint, and other materials; 20,563
(J) Requirements for a respiratory protection plan 20,565
prepared in accordance with section 3742.07 of the Revised Code; 20,566
(K) Requirements that UNDER WHICH a manufacturer of A LEAD 20,569
abatement systems and abatement products SYSTEM OR PRODUCT MUST 20,570
demonstrate evidence of safety and durability of their products 20,571
ITS SYSTEM OR PRODUCT by providing results of testing from an 20,573
independent laboratory that indicate INDICATING that the products 20,574
meet SYSTEM OR PRODUCT MEETS the standards developed by the ASTM"E06.23" subcommittee for the particular product or system OR 20,577
PRODUCT BY THE "E06.23 SUBCOMMITTEE," WHICH IS THE LEAD-PAINT 20,578
ABATEMENT SUBCOMMITTEE OF THE PERFORMANCE OF BUILDINGS COMMITTEE 20,579
479
OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS; 20,580
(L) Procedures to be followed by the public health council 20,582
in revising its rules to ensure that lead-hazard activities 20,583
meeting the provisions of this chapter continue to be eligible 20,584
for federal funding and meet the requirements promulgated by 20,585
regulation by the United States environmental protection agency, 20,586
the United States department of housing and urban development, 20,587
and other federal agencies that may have jurisdiction over lead 20,588
hazards; 20,589
(M) Any other requirements the council considers 20,591
appropriate for the administration or enforcement of this 20,592
chapter. 20,593
Sec. 3742.04. (A) The director of health shall do all of 20,602
the following: 20,603
(1) Administer and enforce the requirements of this 20,605
chapter and the rules adopted pursuant to it; 20,606
(2)(a) Conduct research and disseminate information on the 20,608
number, extent, and general geographic location of 20,609
lead-contaminated structures, which may include a statewide 20,610
survey and may include the establishment of a unit for the 20,611
collection and analysis of data on lead-hazard detection and 20,612
lead-hazard reduction activities, including the licensing, 20,613
certification, accreditation, APPROVAL, and enforcement 20,614
activities under this chapter; 20,615
(b) Update information and data collected or disseminated 20,617
under division (A)(2)(a) of this section to include the results 20,618
of an inspection or assessment conducted pursuant to section 20,619
3742.14 of the Revised Code, when a report based on that 20,620
inspection is provided to the director pursuant to rules adopted 20,621
by the public health council under section 3742.03 of the Revised 20,622
Code. 20,623
(3) Examine records and reports submitted by lead 20,625
inspectors, lead abatement contractors, lead risk assessors, lead 20,626
abatement project designers, and lead abatement workers in 20,627
480
accordance with section 3742.05 of the Revised Code to determine 20,628
whether the requirements of this chapter are being met; 20,629
(4) Examine records and reports submitted by physicians, 20,631
clinical laboratories, and environmental lead analytical 20,632
laboratories under section 3701.25 or 3742.09 of the Revised 20,633
Code; 20,634
(5) Issue approval to manufacturers of lead abatement 20,636
systems or products that have done all of the following: 20,637
(a) Submitted an application for approval to the director 20,639
on a form prescribed by the director; 20,640
(b) Paid the application fee established by the director; 20,642
(c) Submitted results from an independent laboratory 20,644
indicating THAT the MANUFACTURER'S SYSTEM OR product or system 20,646
satisfies ASTM standards pursuant to rules THE REQUIREMENTS 20,647
established IN RULES ADOPTED under division (K) of section 20,648
3742.03 of the Revised Code; 20,649
(d) Complied with rules adopted by the public health 20,651
council regarding durability and safety to workers and residents. 20,652
(6) Establish liaisons and cooperate with the directors or 20,654
agencies in states having lead abatement, accreditation, 20,655
licensing, and ACCREDITATION, certification, AND APPROVAL 20,657
programs to promote consistency between the requirements of this 20,658
chapter and those of other states in order to facilitate 20,659
reciprocity of licensing, certification, and accreditation THE 20,660
PROGRAMS among states.
(B) In addition to any other authority granted by this 20,662
chapter, the director of health may do any of the following: 20,663
(1) Employ persons who have received training from a 20,665
program the director has determined provides the necessary 20,666
background. The appropriate training may be obtained in a state 20,667
that has an ongoing lead abatement program under which it 20,668
conducts educational programs. 20,669
(2) Conduct lead abatement training programs and licensure 20,671
examinations, and collect fees to cover the cost of conducting 20,672
481
them; 20,673
(3) Conduct or cooperate with other state agencies to 20,675
conduct programs of public education on the nature and 20,676
consequences of lead hazards and on the need for lead-hazard 20,677
reduction activities to be conducted under careful supervision by 20,678
licensed and accredited personnel; 20,679
(4)(3) Cooperate with the United States environmental 20,681
protection agency in any joint oversight procedures the agency 20,682
may propose for laboratories that offer lead analysis services 20,683
and are accredited under the EPA AGENCY'S laboratory 20,684
accreditation program; 20,685
(5)(4) Advise, consult, cooperate with, or enter into 20,687
contracts or cooperative agreements with any person, government 20,688
entity, interstate agency, or the federal government as he THE 20,689
DIRECTOR considers necessary to fulfill the requirements of this 20,690
chapter and the rules adopted under it. 20,691
Sec. 3742.05. (A)(1) The director of health shall issue 20,700
lead inspector, lead abatement contractor, lead risk assessor, 20,701
lead abatement project designer, and lead abatement worker 20,702
licenses. The director shall issue a license to an applicant who 20,703
meets all of the following requirements: 20,704
(a) Submits an application to the director on a form 20,706
prescribed by the director; 20,707
(b) Meets the licensing and training requirements 20,709
established by the public health council under section 3742.03 of 20,710
the Revised Code; 20,711
(c) Successfully completes the licensing examination for 20,713
his THE APPLICANT'S area of expertise approved by the director 20,715
ADMINISTERED under section 3742.08 of the Revised Code and any 20,716
training required by the director under that section; 20,717
(d) Pays the license fee established by the public health 20,719
council under section 3742.03 of the Revised Code; 20,720
(e) Provides any information the director may require to 20,722
demonstrate the applicant's compliance with this chapter and the 20,723
482
rules adopted under it. 20,724
(2) An individual may hold more than one license issued 20,726
under this division, but a separate application is required for 20,727
each license. 20,728
(B) A license issued under this section expires two years 20,730
after the date of issuance. The director shall renew a license 20,731
in accordance with the standard renewal procedure set forth in 20,732
Chapter 4745. of the Revised Code, if the licensee does all of 20,733
the following: 20,734
(1) Continues to meet the requirements of division (A) of 20,736
this section; 20,737
(2) Demonstrates compliance with procedures to prevent 20,739
public exposure to lead hazards and for worker protection during 20,740
lead abatement projects established by rule adopted by the public 20,741
health council under section 3742.03 of the Revised Code; 20,742
(3) Meets the record-keeping and reporting requirements 20,744
for lead abatement projects established by rule adopted by the 20,745
public health council under section 3742.03 of the Revised Code; 20,746
(4) Pays the license renewal fee established by rule 20,748
adopted by the public health council under section 3742.03 of the 20,749
Revised Code. 20,750
(C) An individual licensed, certified, or otherwise 20,752
approved under the law of another state to perform functions 20,753
substantially similar to those of a lead inspector, lead 20,754
abatement contractor, lead risk assessor, lead abatement project 20,755
designer, or lead abatement worker may apply to the director of 20,756
health for licensure in accordance with the procedures set forth 20,757
in division (A) of this section. The director shall license an 20,758
individual under this division on a determination that the 20,759
standards for licensure, certification, or approval in that state 20,760
are at least substantially equivalent to those established by 20,761
this chapter and the rules adopted under it. The director may 20,762
require an examination for licensure under this division. 20,763
Sec. 3742.08. (A)(1) The director of health shall 20,772
483
conduct, specify requirements by rule, or approve training 20,773
programs and examinations for licensure of lead inspectors, lead 20,774
abatement contractors, lead risk assessors, lead abatement 20,775
project designers, and lead abatement workers. In accordance 20,776
with Chapter 119. of the Revised Code, the director shall adopt 20,777
rules establishing all of the following: 20,778
(1)(a) A system for accreditation of training programs and 20,780
the requirements for accreditation, including curriculum 20,781
requirements, hour requirements, hands-on training requirements, 20,782
trainee competency and proficiency requirements, and requirements 20,783
for quality control; 20,784
(2) Procedures and criteria for approval of licensing 20,786
examinations and the qualifications of examination 20,787
administrators; 20,788
(3)(b) Fees for application for approval of a training 20,790
program and for participating in any program conducted by the 20,791
director; 20,792
(4) Fees for licensing examinations; 20,794
(5)(c) Any other requirements pertinent to the operation 20,796
of a training program or an examination. 20,797
(B)(2) Each applicant for approval of a training program 20,799
or examination shall submit a completed application to the 20,800
director on a form the director shall prescribe and provide. The 20,801
director shall issue the appropriate EVIDENCE OF approval to each 20,802
applicant who meets the requirements of division (A)(1) of this 20,804
section and the criteria for approval established by rule adopted 20,805
under THIS section 3742.03 of the Revised Code and pays the fee. 20,806
(B) THE DIRECTOR SHALL ADMINISTER EXAMINATIONS FOR 20,808
LICENSURE UNDER THIS CHAPTER BY CONDUCTING EXAMINATIONS, 20,809
CONTRACTING PURSUANT TO SECTION 3701.044 OF THE REVISED CODE FOR 20,810
ANOTHER ENTITY TO CONDUCT THE EXAMINATIONS, OR APPROVING 20,811
EXAMINATIONS. IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 20,812
CODE, THE DIRECTOR SHALL ADOPT RULES SPECIFYING REQUIREMENTS FOR 20,813
THE ADMINISTRATION OF LICENSING EXAMINATIONS. THE RULES SHALL 20,814
484
INCLUDE REQUIREMENTS REGARDING THE QUALIFICATIONS OF EXAMINATION 20,816
ADMINISTRATORS, FEES TO COVER THE COST OF CONDUCTING THE 20,817
EXAMINATIONS, AND ANY OTHER REQUIREMENTS PERTINENT TO THE
EXAMINATIONS. 20,818
IF THE DIRECTOR IMPLEMENTS A SYSTEM OF APPROVING 20,820
EXAMINATIONS, THE RULES SHALL INCLUDE PROCEDURES AND CRITERIA FOR 20,821
APPROVAL AND FEES FOR THE APPROVAL. EACH APPLICANT FOR APPROVAL 20,822
SHALL SUBMIT A COMPLETED APPLICATION TO THE DIRECTOR ON A FORM 20,823
THE DIRECTOR SHALL PRESCRIBE AND PROVIDE. THE DIRECTOR SHALL 20,824
ISSUE EVIDENCE OF APPROVAL TO EACH APPLICANT WHO MEETS THE 20,825
CRITERIA FOR APPROVAL ESTABLISHED IN RULES ADOPTED UNDER THIS 20,826
DIVISION.
Sec. 3742.19. All EXCEPT FOR ANY LICENSING EXAMINATION FEE 20,835
COLLECTED AND RETAINED BY AN ENTITY UNDER CONTRACT PURSUANT TO 20,836
DIVISION (B) OF SECTION 3742.08 OF THE REVISED CODE, ALL fees 20,837
collected by the director of health under this chapter and any 20,839
grant, contribution, or other moneys received by him for the 20,840
purposes of this chapter shall be deposited into the state 20,842
treasury to the credit of the lead program fund, which is hereby 20,843
created. The moneys in the fund shall be used solely for the 20,844
administration and enforcement of this chapter and the rules 20,845
adopted under it.
Sec. 3745.11. (A) Applicants for and holders of permits, 20,854
licenses, variances, plan approvals, and certifications issued by 20,855
the director of environmental protection pursuant to Chapters 20,856
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 20,857
fee to the environmental protection agency for each such issuance 20,858
and each application for an issuance as provided by this section. 20,859
No fee shall be charged for any issuance for which no application 20,860
has been submitted to the director. 20,861
(B) Prior to January 1, 1994, each person issued a permit 20,863
to operate, variance, or permit to install under section 3704.03 20,864
of the Revised Code shall pay the fees specified in the following 20,865
schedule: 20,866
485
(1) Fuel-Burning Equipment 20,868
Input capacity 20,870
(million British Permit Permit 20,871
thermal units to to 20,873
per hour) operate Variance install 20,876
0 or more, but 20,879
less than 10 $ 75 $225 $ 100
10 or more, but 20,880
less than 100 210 450 390
100 or more, but 20,881
less than 300 270 675 585
300 or more, but 20,882
less than 500 330 900 780
500 or more 500 975 1000 20,883
Any fuel-burning equipment using only natural gas, propane, 20,886
liquefied petroleum gas, or number two or lighter fuel oil shall 20,887
be assessed a fee one-half of that shown. 20,888
(2) Incinerators 20,890
Input capacity Permit Permit 20,893
(pounds per to to 20,895
hour) operate Variance install 20,898
0 to 50 $ 50 $225 $ 65 20,901
51 to 500 210 450 390 20,902
501 to 2000 270 675 585 20,903
2001 to 30,000 330 900 780 20,904
more than 30,000 500 975 1000 20,905
(3) Process 20,908
Process weight Permit Permit 20,911
rate to to 20,912
(pounds per hour) operate Variance install 20,915
0 to 1000 $100 $225 $ 200 20,918
1001 to 5000 210 450 390 20,919
5001 to 10,000 270 675 585 20,920
10,001 to 50,000 330 900 780 20,921
486
more than 50,000 500 975 1000 20,922
In any process where process weight rate cannot be 20,925
ascertained, the minimum fee shall be assessed. 20,926
(4) Storage tanks 20,928
Gallons Permit to Permit to 20,931
(capacity) operate Variance install 20,933
less than 40,000 $150 $225 $ 195 20,936
40,000 or more, but 20,937
less than 100,000 210 450 390
100,000 or more, but 20,938
less than 400,000 270 675 585
400,000 or more, but 20,939
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 20,940
(5) Gasoline 20,943
Gasoline dispensing Permit to Permit to 20,946
facilities operate Variance install 20,948
For each gasoline 20,951
dispensing
facility $20 $100 $50
(6) Dry cleaning 20,954
Dry cleaning Permit to Permit to 20,957
facilities operate Variance install 20,959
For each dry 20,962
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 20,965
of the Revised Code shall be assessed a fee of two hundred fifty 20,966
dollars per mine or location. 20,967
(C)(1) Except as otherwise provided in division (C)(2) of 20,969
this section, beginning July 1, 1994, each person who owns or 20,970
operates an air contaminant source and who is required to apply 20,971
for and obtain a Title V permit under section 3704.036 of the 20,972
Revised Code shall pay the fees set forth in division (C)(1) of 20,973
487
this section. For the purposes of that division, total emissions 20,974
of air contaminants may be calculated using engineering 20,975
calculations, emissions factors, material balance calculations, 20,976
or performance testing procedures, as authorized by the director. 20,977
The following fees shall be assessed on the total actual 20,979
emissions from a source in tons per year of the regulated 20,980
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 20,981
organic compounds, and lead: 20,982
(a) Fifteen dollars per ton on the total actual emissions 20,984
of each such regulated pollutant during the period July through 20,985
December 1993, to be collected no sooner than July 1, 1994; 20,986
(b) Twenty dollars per ton on the total actual emissions 20,988
of each such regulated pollutant during calendar year 1994, to be 20,989
collected no sooner than April 15, 1995; 20,990
(c) Twenty-five dollars per ton on the total actual 20,992
emissions of each such regulated pollutant in calendar year 1995, 20,993
and each subsequent calendar year, to be collected no sooner than 20,994
the fifteenth day of April of the year next succeeding the 20,995
calendar year in which the emissions occurred. 20,996
The fees levied under division (C)(1) of this section do 20,998
not apply to that portion of the emissions of a regulated 20,999
pollutant at a facility that exceed four thousand tons during a 21,000
calendar year. 21,001
(2) The fees assessed under division (C)(1) of this 21,003
section are for the purpose of providing funding for the Title V 21,004
permit program. 21,005
(3) The fees assessed under division (C)(1) of this 21,007
section do not apply to emissions from any electric generating 21,008
unit designated as a Phase I unit under Title IV of the federal 21,009
Clean Air Act prior to calendar year 2000. Those fees shall be 21,010
assessed on the emissions from such a generating unit commencing 21,011
in calendar year 2001 based upon the total actual emissions from 21,012
the generating unit during calendar year 2000. 21,013
(4) The director shall issue invoices to owners or 21,015
488
operators of air contaminant sources who are required to pay a 21,016
fee assessed under division (C) or (D) of this section. Any such 21,017
invoice shall be issued no sooner than the applicable date when 21,018
the fee first may be collected in a year under the applicable 21,019
division, shall identify the nature and amount of the fee 21,020
assessed, and shall indicate that the fee is required to be paid 21,021
within thirty days after the issuance of the invoice. 21,022
(D) Beginning (1) EXCEPT AS PROVIDED IN DIVISION (D)(2) 21,025
OF THIS SECTION, BEGINNING January 1, 1994, each person who owns 21,026
or operates an air contaminant source; who is required to apply 21,027
for a permit to operate pursuant to rules adopted under division 21,028
(G), or a variance pursuant to division (H), of section 3704.03 21,029
of the Revised Code; and who is not required to apply for and 21,030
obtain a Title V permit under section 3704.036 of the Revised 21,031
Code shall pay a single fee based upon the sum of the actual 21,032
annual emissions from the facility of the regulated pollutants 21,033
particulate matter, sulfur dioxide, nitrogen oxides, organic 21,035
compounds, and lead in accordance with the following schedule: 21,036
Total tons 21,038
per year of regulated Annual fee 21,040
pollutants emitted per facility 21,042
More than 0, but less than 50 $ 75 21,044
50 or more, but less than 100 300 21,045
100 or more 700 21,046
(2)(a) AS USED IN DIVISION (D) OF THIS SECTION, "SYNTHETIC 21,050
MINOR FACILITY" MEANS A FACILITY FOR WHICH ONE OR MORE PERMITS TO 21,051
INSTALL OR PERMITS TO OPERATE HAVE BEEN ISSUED FOR THE AIR 21,052
CONTAMINANT SOURCES AT THE FACILITY THAT INCLUDE TERMS AND 21,053
CONDITIONS THAT LOWER THE FACILITY'S POTENTIAL TO EMIT AIR 21,054
CONTAMINANTS BELOW THE MAJOR SOURCE THRESHOLDS ESTABLISHED IN 21,055
RULES ADOPTED UNDER SECTION 3704.036 OF THE REVISED CODE. 21,057
(b) BEGINNING JANUARY 1, 2000, EACH PERSON WHO OWNS OR 21,059
OPERATES A SYNTHETIC MINOR FACILITY SHALL PAY AN ANNUAL FEE BASED 21,061
ON THE SUM OF THE ACTUAL ANNUAL EMISSIONS FROM THE FACILITY OF 21,062
489
PARTICULATE MATTER, SULFUR DIOXIDE, NITROGEN DIOXIDE, ORGANIC 21,063
COMPOUNDS, AND LEAD IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 21,064
COMBINED TOTAL TONS 21,066
PER YEAR OF ALL REGULATED ANNUAL FEE 21,068
POLLUTANTS EMITTED PER FACILITY 21,070
LESS THAN 10 $ 170 21,073
10 OR MORE, BUT LESS THAN 20 340 21,075
20 OR MORE, BUT LESS THAN 30 670 21,077
30 OR MORE, BUT LESS THAN 40 1,010 21,079
40 OR MORE, BUT LESS THAN 50 1,340 21,081
50 OR MORE, BUT LESS THAN 60 1,680 21,083
60 OR MORE, BUT LESS THAN 70 2,010 21,085
70 OR MORE, BUT LESS THAN 80 2,350 21,087
80 OR MORE, BUT LESS THAN 90 2,680 21,089
90 OR MORE, BUT LESS THAN 100 3,020 21,091
100 OR MORE 3,350 21,093
(3) The fees assessed under this division (D)(1) OF THIS 21,097
SECTION shall be collected annually no sooner than the fifteenth 21,098
day of April, commencing in 1995. THE FEES ASSESSED UNDER 21,099
DIVISION (D)(2) OF THIS SECTION SHALL BE COLLECTED NO SOONER THAN 21,100
THE FIFTEENTH DAY OF APRIL, COMMENCING IN 2000. The fee FEES 21,101
assessed under this division (D) OF THIS SECTION in a calendar 21,102
year shall be based upon the sum of the actual emissions of those 21,103
regulated pollutants during the preceding calendar year. For the 21,104
purpose of this division (D) OF THIS SECTION, emissions of air 21,105
contaminants may be calculated using engineering calculations, 21,107
emission factors, material balance calculations, or performance 21,108
testing procedures, as authorized by the director. The director, 21,109
by rule, may require persons who are required to pay the fees 21,110
assessed under this division (D) OF THIS SECTION to pay those 21,111
fees biennially rather than annually. 21,112
(E)(1) Consistent with the need to cover the reasonable 21,114
costs of the Title V permit program, the director annually shall 21,115
increase the fees prescribed in division (C)(1) of this section 21,116
490
by the percentage, if any, by which the consumer price index for 21,117
the most recent calendar year ending before the beginning of a 21,118
year exceeds the consumer price index for calendar year 1989. 21,119
Upon calculating an increase in fees authorized by division 21,120
(E)(1) of this section, the director shall compile revised fee 21,121
schedules for the purposes of division (C)(1) of this section and 21,122
shall make the revised schedules available to persons required to 21,123
pay the fees assessed under that division and to the public. 21,124
(2) For the purposes of division (E)(1) of this section: 21,126
(a) The consumer price index for any year is the average 21,128
of the consumer price index for all urban consumers published by 21,129
the United States department of labor as of the close of the 21,130
twelve-month period ending on the thirty-first day of August of 21,131
that year; 21,132
(b) If the 1989 consumer price index is revised, the 21,134
director shall use the revision of the consumer price index that 21,135
is most consistent with that for calendar year 1989. 21,136
(F) Each person who is issued a permit to install pursuant 21,138
to rules adopted under division (F) of section 3704.03 of the 21,139
Revised Code on or after January 1, 1994, shall pay the fees 21,140
specified in the following schedules: 21,141
(1) 21,143
(1) Fuel-burning equipment (boilers) 21,145
Input capacity (maximum) 21,147
(million British thermal units per Permit to install 21,148
hour)
Greater than 0, but less than 10 $ 200 21,149
10 or more, but less than 100 400 21,150
100 or more, but less than 300 800 21,151
300 or more, but less than 500 1500 21,152
500 or more, but less than 1000 2500 21,153
1000 or more, but less than 5000 4000 21,154
5000 or more 6000 21,155
Units burning exclusively natural gas, number two fuel oil, 21,158
491
or both shall be assessed a fee that is one-half the applicable 21,159
amount shown in division (F)(1) of this section. 21,160
(2) 21,162
(2) Incinerators 21,164
Input capacity (pounds per hour) Permit to install 21,166
0 to 100 $ 100 21,167
101 to 500 400 21,168
501 to 2000 750 21,169
2001 to 20,000 1000 21,170
more than 20,000 2500 21,171
(3) 21,174
(3)(a) Process 21,176
Process weight rate (pounds per Permit to install 21,178
hour)
0 to 1000 $ 200 21,179
1001 to 5000 400 21,180
5001 to 10,000 600 21,181
10,001 to 50,000 800 21,182
more than 50,000 1000 21,183
In any process where process weight rate cannot be 21,186
ascertained, the minimum fee shall be assessed. 21,187
(b) Notwithstanding division (F)(3)(a) of this section, 21,189
any person issued a permit to install pursuant to rules adopted 21,190
under division (F) of section 3704.03 of the Revised Code shall 21,191
pay the fees set forth in division (F)(3)(c) of this section for 21,192
a process used in any of the following industries, as identified 21,193
by the applicable four-digit standard industrial classification 21,194
code according to the Standard Industrial Classification Manual 21,195
published by the United States office of management and budget in 21,196
the executive office of the president, 1972, as revised: 21,197
1211 Bituminous coal and lignite mining; 21,199
1213 Bituminous coal and lignite mining services; 21,201
1411 Dimension stone; 21,203
1422 Crushed and broken limestone; 21,205
492
1427 Crushed and broken stone, not elsewhere classified; 21,207
1442 Construction sand and gravel; 21,209
1446 Industrial sand; 21,211
3281 Cut stone and stone products; 21,213
3295 Minerals and earth, ground or otherwise treated. 21,215
(c) The fees set forth in the following schedule apply to 21,217
the issuance of a permit to install pursuant to rules adopted 21,218
under division (F) of section 3704.03 of the Revised Code for a 21,219
process identified in division (F)(3)(b) of this section: 21,220
Process weight rate Permit to install 21,222
(pounds per hour)
0 to 10,000 $200 21,223
10,001 to 50,000 300 21,224
50,001 to 100,000 400 21,225
100,001 to 200,000 500 21,226
200,001 to 400,000 600 21,227
400,001 or more 700 21,228
(4) 21,231
(4) Storage tanks 21,233
Gallons (maximum useful Permit to install 21,235
capacity)
0 to 20,000 $100 21,236
20,001 to 40,000 150 21,237
40,001 to 100,000 200 21,238
100,001 to 250,000 250 21,239
250,001 to 500,000 350 21,240
500,001 to 1,000,000 500 21,241
1,000,001 or greater 750 21,242
(5) 21,245
(5) Gasoline/fuel dispensing facilities 21,247
For each gasoline/fuel Permit to install 21,249
dispensing facility
(includes all units at $100 21,250
the facility)
493
(6) 21,253
(6) Dry cleaning facilities 21,255
For each dry cleaning Permit to install 21,257
facility
(includes all units at $100 21,258
the facility)
(7) 21,261
(7) Registration status 21,263
Permit to install 21,265
For each source covered 21,266
by registration status $75
(G) An owner or operator who is responsible for an 21,269
asbestos demolition or renovation project pursuant to rules 21,270
adopted under section 3704.03 of the Revised Code shall pay the 21,271
fees set forth in the following schedule: 21,272
Action Fee 21,274
Each notification $75 21,275
Asbestos removal $3/unit 21,276
Asbestos cleanup $4/cubic yard 21,277
For purposes of this division, "unit" means any combination of 21,280
linear feet or square feet equal to fifty. 21,281
(H) A person who is issued an extension of time for a 21,283
permit to install an air contaminant source pursuant to rules 21,284
adopted under division (F) of section 3704.03 of the Revised Code 21,285
shall pay a fee equal to one-half the fee originally assessed for 21,286
the permit to install under this section, except that the fee for 21,287
such an extension shall not exceed two hundred dollars. 21,288
(I) A person who is issued a modification to a permit to 21,290
install an air contaminant source pursuant to rules adopted under 21,291
section 3704.03 of the Revised Code shall pay a fee equal to 21,292
one-half of the fee that would be assessed under this section to 21,293
obtain a permit to install the source. The fee assessed by this 21,294
division only applies to modifications that are initiated by the 21,295
owner or operator of the source and shall not exceed two thousand 21,296
494
dollars. 21,297
(J) Notwithstanding division (B) or (F) of this section, a 21,299
person who applies for or obtains a permit to install pursuant to 21,300
rules adopted under division (F) of section 3704.03 of the 21,301
Revised Code after the date actual construction of the source 21,302
began shall pay a fee for the permit to install that is equal to 21,303
twice the fee that otherwise would be assessed under the 21,304
applicable division unless the applicant received authorization 21,305
to begin construction under division (W) of section 3704.03 of 21,306
the Revised Code. This division only applies to sources for 21,307
which actual construction of the source begins on or after July 21,308
1, 1993. The imposition or payment of the fee established in 21,309
this division does not preclude the director from taking any 21,310
administrative or judicial enforcement action under this chapter, 21,311
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 21,312
rule adopted under any of them, in connection with a violation of 21,313
rules adopted under division (F) of section 3704.03 of the 21,314
Revised Code. 21,315
As used in this division, "actual construction of the 21,317
source" means the initiation of physical on-site construction 21,318
activities in connection with improvements to the source that are 21,319
permanent in nature, including, without limitation, the 21,320
installation of building supports and foundations and the laying 21,321
of underground pipework. 21,322
(K) Fifty cents per ton of each fee assessed under 21,324
division (C) of this section on actual emissions from a source 21,325
and received by the environmental protection agency pursuant to 21,326
that division shall be deposited into the state treasury to the 21,327
credit of the small business assistance fund created in section 21,328
3706.19 of the Revised Code. The remainder of the moneys 21,329
received by the division pursuant to that division and moneys 21,330
received by the agency pursuant to divisions (D), (F), (G), (H), 21,331
(I), and (J) of this section shall be deposited in the state 21,332
treasury to the credit of the clean air fund created in section 21,333
495
3704.035 of the Revised Code. 21,334
(L)(1)(a) Except as otherwise provided in division 21,336
(L)(1)(b) or (c) of this section, a person issued a water 21,337
discharge permit or renewal of a water discharge permit pursuant 21,338
to Chapter 6111. of the Revised Code shall pay a fee based on 21,339
each point source to which the issuance is applicable in 21,340
accordance with the following schedule: 21,341
Design flow discharge (gallons per day) Fee 21,343
0 to 1000 $ 0 21,346
1,001 to 5000 100 21,347
5,001 to 50,000 200 21,348
50,001 to 100,000 300 21,349
100,001 to 300,000 525 21,350
over 300,000 750 21,351
(b) Notwithstanding the fee schedule specified in division 21,354
(L)(1)(a) of this section, the fee for a water discharge permit 21,355
that is applicable to coal mining operations regulated under 21,356
Chapter 1513. of the Revised Code shall be two hundred fifty 21,357
dollars per mine. 21,358
(c) Notwithstanding the fee schedule specified in division 21,360
(L)(1)(a) of this section, the fee for a water discharge permit 21,361
for a public discharger identified by I in the third character of 21,362
the permittee's NPDES permit number shall not exceed seven 21,363
hundred fifty dollars. 21,364
(2) A person applying for a plan approval for a wastewater 21,366
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 21,367
of the Revised Code shall pay a fee of one hundred dollars plus 21,368
sixty-five one-hundredths of one per cent of the estimated 21,369
project cost through June 30, 2000 2002, and one hundred dollars 21,371
plus two-tenths of one per cent of the estimated project cost on 21,372
and after July 1, 2000 2002, except that the total fee shall not 21,373
exceed fifteen thousand dollars through June 30, 2000 2002, and 21,375
five thousand dollars on and after July 1, 2000 2002. The fee 21,376
shall be paid at the time the application is submitted. 21,377
496
(3) A person issued a modification of a water discharge 21,379
permit shall pay a fee equal to one-half the fee that otherwise 21,380
would be charged for a water discharge permit, except that the 21,381
fee for the modification shall not exceed four hundred dollars. 21,382
(4) A person who has entered into an agreement with the 21,384
director under section 6111.14 of the Revised Code shall pay an 21,385
administrative service fee for each plan submitted under that 21,386
section for approval that shall not exceed the minimum amount 21,387
necessary to pay administrative costs directly attributable to 21,388
processing plan approvals. The director annually shall calculate 21,389
the fee and shall notify all persons who have entered into 21,390
agreements under that section, or who have applied for 21,391
agreements, of the amount of the fee. 21,392
(5)(a)(i) Not later than January 30, 1998 2000, and 21,394
January 30, 1999 2001, a person holding an NPDES discharge permit 21,396
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 21,398
shall pay a nonrefundable annual discharge fee. Any person who 21,399
fails to pay the fee at that time shall pay an additional amount 21,400
that equals ten per cent of the required annual discharge fee. 21,401
(ii) The billing year for the annual discharge fee 21,403
established in division (L)(4)(5)(a)(i) of this section shall 21,405
consist of a twelve-month period beginning on the first day of 21,406
January of the year preceding the date when the annual discharge 21,408
fee is due. In the case of an existing source that permanently 21,409
ceases to discharge during a billing year, the director shall 21,410
reduce the annual discharge fee, including the surcharge 21,411
applicable to certain industrial facilities pursuant to division 21,412
(L)(4)(5)(c) of this section, by one-twelfth for each full month 21,413
during the billing year that the source was not discharging, but 21,414
only if the person holding the NPDES discharge permit for the 21,415
source notifies the director in writing, not later than the first 21,416
day of October of the billing year, of the circumstances causing 21,418
the cessation of discharge.
497
(iii) The annual discharge fee established in division 21,421
(L)(4)(5)(a)(i) of this section, except for the surcharge 21,422
applicable to certain industrial facilities pursuant to division 21,423
(L)(4)(5)(c) of this section, shall be based upon the average 21,426
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 21,428
period two years prior to the date on which the fee is due. In 21,429
the case of NPDES discharge permits for new sources, the fee 21,431
operation shall be calculated using the average daily design flow 21,432
of the facility until actual average daily discharge flow values 21,433
are available for the time period specified in division 21,435
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 21,436
be prorated for a new source as described in division 21,437
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger 21,441
shall pay the fee specified in the following schedule: Fee due by 21,444
Average daily January 30, 1998, 21,445
discharge flow and January 30, 1999 21,446
5,000 to 49,999 $ 180 21,449
50,000 to 100,000 450 21,450
100,001 to 250,000 900 21,451
250,001 to 1,000,000 2,250 21,452
1,000,001 to 5,000,000 4,500 21,453
5,000,001 to 10,000,000 9,000 21,454
10,000,001 to 20,000,000 13,500 21,455
20,000,001 to 50,000,000 22,500 21,456
50,000,001 to 100,000,000 36,000 21,457
100,000,001 or more 54,000 21,458
AVERAGE DAILY FEE DUE BY FEE DUE BY 21,462
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 21,464
5,000 TO 49,999 $ 180 $ 200 21,469
50,000 TO 100,000 450 500 21,471
100,001 TO 250,000 900 1,050 21,473
498
250,001 TO 1,000,000 2,250 2,600 21,475
1,000,001 TO 5,000,000 4,500 5,200 21,477
5,000,001 TO 10,000,000 9,000 10,350 21,479
10,000,001 TO 20,000,000 13,500 15,550 21,481
20,000,001 TO 50,000,000 22,500 25,900 21,483
50,000,001 TO 100,000,000 36,000 41,400 21,485
100,000,001 OR MORE 54,000 62,100 21,487
Public dischargers owning or operating two or more publicly 21,490
owned treatment works serving the same political subdivision, as 21,491
"treatment works" is defined in section 6111.01 of the Revised 21,492
Code, and that serve exclusively political subdivisions having a 21,494
population of fewer than one hundred thousand shall pay an annual 21,495
discharge fee under division (L)(5)(b) of this section that is 21,496
based on the combined average daily discharge flow of the 21,497
treatment works.
(C) An NPDES permit holder that is an industrial 21,500
discharger, other than a coal mining operator identified by P in 21,502
the third character of the permittee's NPDES permit number, shall 21,503
pay the fee specified in the following schedule: Fee due by 21,505
Average daily January 30, 1998, 21,506
discharge flow and January 30, 1999 21,507
5,000 to 49,999 $ 180 21,510
50,000 to 250,000 900 21,511
250,001 to 1,000,000 2,250 21,512
1,000,001 to 5,000,000 4,500 21,513
5,000,001 to 10,000,000 6,750 21,514
10,000,001 to 20,000,000 9,000 21,515
20,000,001 to 100,000,000 10,800 21,516
100,000,001 to 250,000,000 12,600 21,517
250,000,001 or more 14,400 21,518
AVERAGE DAILY FEE DUE BY FEE DUE BY 21,522
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 21,524
5,000 TO 49,999 $ 180 $ 250 21,529
499
50,000 TO 250,000 900 1,200 21,531
250,001 TO 1,000,000 2,250 2,950 21,533
1,000,001 TO 5,000,000 4,500 5,850 21,535
5,000,001 TO 10,000,000 6,750 8,800 21,537
10,000,001 TO 20,000,000 9,000 11,700 21,539
20,000,001 TO 100,000,000 10,800 14,050 21,541
100,000,001 TO 250,000,000 12,600 16,400 21,543
250,000,001 OR MORE 14,400 18,700 21,545
In addition to the fee specified in the above schedule, an 21,548
NPDES permit holder that is an industrial discharger classified 21,550
as a major discharger during all or part of the annual discharge 21,551
fee billing year specified in division (L)(4)(5)(a)(ii) of this 21,553
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 21,555
1998 2000, and A NONREFUNDABLE ANNUAL SURCHARGE OF SEVEN THOUSAND 21,556
FIVE HUNDRED DOLLARS not later than January 30, 1999 2001. Any 21,557
person who fails to pay the surcharge at that time shall pay an 21,558
additional amount that equals ten per cent of the amount of the 21,559
surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 21,561
section, a public discharger identified by I in the third 21,562
character of the permittee's NPDES permit number and an 21,563
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 21,564
the third character of the permittee's NPDES permit number shall 21,566
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998 2000, and not later than 21,568
January 30, 1999 2001. Any person who fails to pay the fee at 21,569
that time shall pay an additional amount that equals ten per cent 21,570
of the required fee. 21,571
(6) The director shall transmit all moneys collected under 21,573
division (L) of this section to the treasurer of state for 21,574
deposit into the state treasury to the credit of the surface 21,575
water protection fund created in section 6111.038 of the Revised 21,576
Code. 21,577
500
(7) As used in division (L) of this section: 21,579
(a) "NPDES" means the federally approved national 21,581
pollutant discharge elimination system program for issuing, 21,582
modifying, revoking, reissuing, terminating, monitoring, and 21,583
enforcing permits and imposing and enforcing pretreatment 21,584
requirements under Chapter 6111. of the Revised Code and rules 21,585
adopted under it. 21,586
(b) "Public discharger" means any holder of an NPDES 21,588
permit identified by P in the second character of the NPDES 21,589
permit number assigned by the director. 21,590
(c) "Industrial discharger" means any holder of an NPDES 21,592
permit identified by I in the second character of the NPDES 21,593
permit number assigned by the director. 21,594
(d) "Major discharger" means any holder of an NPDES permit 21,596
classified as major by the regional administrator of the United 21,597
States environmental protection agency in conjunction with the 21,598
director. 21,599
(M) Through June 30, 2000 2002, a person applying for a 21,601
license or license renewal to operate a public water system under 21,603
section 6109.21 of the Revised Code shall pay the appropriate fee 21,604
established under this division at the time of application to the 21,605
director. Any person who fails to pay the fee at that time shall 21,606
pay an additional amount that equals ten per cent of the required 21,607
fee. The director shall transmit all moneys collected under this 21,608
division to the treasurer of state for deposit into the drinking 21,609
water protection fund created in section 6109.30 of the Revised 21,610
Code. 21,611
Fees required under this division shall be calculated and 21,613
paid in accordance with the following schedule: 21,614
(1) For the initial license required under division (A)(1) 21,616
of section 6109.21 of the Revised Code for any public water 21,617
system that is a community water system as defined in section 21,618
6109.01 of the Revised Code, and for each license renewal 21,619
required for such a system prior to January 31, 2000 2002, the 21,620
501
fee is: 21,621
Number of service connections Fee amount 21,623
Not more than 49 $ 56 21,626
50 to 99 88 21,627
Number of service connections Average cost per connection 21,630
100 to 2,499 $ .96 21,632
2,500 to 4,999 .92 21,633
5,000 to 7,499 .88 21,634
7,500 to 9,999 .84 21,635
10,000 to 14,999 .80 21,636
15,000 to 24,999 .76 21,637
25,000 to 49,999 .72 21,638
50,000 to 99,999 .68 21,639
100,000 to 149,999 .64 21,640
150,000 to 199,999 .60 21,641
200,000 or more .56 21,642
A public water system may determine how it will pay the 21,645
total amount of the fee calculated under division (M)(1) of this 21,646
section, including the assessment of additional user fees that 21,647
may be assessed on a volumetric basis. 21,648
As used in division (M)(1) of this section, "service 21,650
connection" means the number of active or inactive pipes, 21,651
goosenecks, pigtails, and any other fittings connecting a water 21,652
main to any building outlet. 21,653
(2) For the initial license required under division (A)(2) 21,655
of section 6109.21 of the Revised Code for any public water 21,656
system that is not a community water system and serves a 21,657
nontransient population, and for each license renewal required 21,658
for such a system prior to January 31, 2000 2002, the fee is: 21,659
Population served Fee amount 21,661
Fewer than 150 $ 56 21,664
150 to 299 88 21,665
300 to 749 192 21,666
750 to 1,499 392 21,667
502
1,500 to 2,999 792 21,668
3,000 to 7,499 1,760 21,669
7,500 to 14,999 3,800 21,670
15,000 to 22,499 6,240 21,671
22,500 to 29,999 8,576 21,672
30,000 or more 11,600 21,673
As used in division (M)(2) of this section, "population 21,676
served" means the total number of individuals receiving water 21,677
from the water supply during a twenty-four-hour period for at 21,678
least sixty days during any calendar year. In the absence of a 21,679
specific population count, that number shall be calculated at the 21,680
rate of three individuals per service connection. 21,681
(3) For the initial license required under division (A)(3) 21,683
of section 6109.21 of the Revised Code for any public water 21,684
system that is not a community water system and serves a 21,685
transient population, and for each license renewal required for 21,686
such a system prior to January 31, 2000 2002, the fee is: 21,687
Number of wells supplying system Fee amount 21,689
1 $ 56 21,692
2 56 21,693
3 88 21,694
4 192 21,695
5 392 21,696
System supplied by surface 21,699
WATER, springs, or dug wells 792 21,700
As used in division (M)(3) of this section, "number of 21,703
wells supplying system" means those wells that are physically 21,704
connected to the plumbing system serving the public water system. 21,705
(N)(1) A person applying for a plan approval for a public 21,707
water supply system under section 6109.07 of the Revised Code 21,708
shall pay a fee of one hundred dollars plus two-tenths of one per 21,709
cent of the estimated project cost, except that the total fee 21,710
shall not exceed fifteen thousand dollars through June 30, 2000 21,712
2002, and five thousand dollars on and after July 1, 2000 2002. 21,713
503
The fee shall be paid at the time the application is submitted. 21,714
(2) A person who has entered into an agreement with the 21,716
director under division (A)(2) of section 6109.07 of the Revised 21,717
Code shall pay an administrative service fee for each plan 21,718
submitted under that section for approval that shall not exceed 21,719
the minimum amount necessary to pay administrative costs directly 21,720
attributable to processing plan approvals. The director annually 21,721
shall calculate the fee and shall notify all persons that have 21,722
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 21,723
(3) Through June 30, 2000 2002, the following fee, on a 21,725
per survey basis, shall be charged any person for services 21,727
rendered by the state in the evaluation of laboratories and 21,728
laboratory personnel for compliance with accepted analytical 21,729
techniques and procedures established pursuant to Chapter 6109. 21,730
of the Revised Code for determining the qualitative 21,731
characteristics of water:
microbiological $1,650 21,733
organic chemical 3,500 21,734
inorganic chemical 3,500 21,735
standard chemistry 1,800 21,736
limited chemistry 1,000 21,737
On and after July 1, 2000 2002, the following fee, on a per 21,740
survey basis, shall be charged any such person: 21,741
microbiological $250 21,743
chemical/radiological 250 21,744
nitrate/turbidity (only) 150 21,745
The fee for those services shall be paid at the time the request 21,748
for the survey is made. Through June 30, 2000 2002, an 21,749
individual laboratory shall not be assessed a fee under this 21,751
division more than once in any three-year period. 21,752
The director shall transmit all moneys collected under this 21,754
division to the treasurer of state for deposit into the drinking 21,755
water protection fund created in section 6109.30 of the Revised 21,756
504
Code. 21,757
(O) Any person applying to the director for examination 21,759
for certification as an operator of a water supply system or 21,760
wastewater system under Chapter 6109. or 6111. of the Revised 21,761
Code, at the time the application is submitted, shall pay an 21,762
application fee of twenty-five dollars through June 30, 2000 21,764
2002, and ten dollars on and after July 1, 2000 2002. Upon 21,765
approval from the director that the applicant is eligible to take 21,766
the examination therefor, the applicant shall pay a fee in 21,768
accordance with the following schedule through June 30, 2000 21,769
2002:
Class I operator $45 21,771
Class II operator 55 21,772
Class III operator 65 21,773
Class IV operator 75 21,774
On and after July 1, 2000 2002, the applicant shall pay a 21,777
fee in accordance with the following schedule: 21,778
Class I operator $25 21,780
Class II operator 35 21,781
Class III operator 45 21,782
Class IV operator 55 21,783
The director shall transmit all moneys collected under this 21,786
division to the treasurer of state for deposit into the drinking 21,787
water protection fund created in section 6109.30 of the Revised 21,788
Code. 21,789
(P) Through June 30, 2000 2002, any person submitting an 21,791
application for an industrial water pollution control certificate 21,792
under section 6111.31 of the Revised Code shall pay a 21,793
nonrefundable fee of five hundred dollars at the time the 21,794
application is submitted. The director shall transmit all moneys 21,795
collected under this division to the treasurer of state for 21,796
deposit into the surface water protection fund created in section 21,797
6111.038 of the Revised Code. A person paying a certificate fee 21,798
under this division shall not pay an application fee under 21,799
505
division (S)(1) of this section. 21,800
(Q) Except as otherwise provided in division (R) of this 21,802
section, a person issued a permit by the director for a new solid 21,803
waste disposal facility other than an incineration or composting 21,804
facility, a new infectious waste treatment facility other than an 21,805
incineration facility, or a modification of such an existing 21,806
facility that includes an increase in the total disposal or 21,807
treatment capacity of the facility pursuant to Chapter 3734. of 21,808
the Revised Code shall pay a fee of ten dollars per thousand 21,809
cubic yards of disposal or treatment capacity, or one thousand 21,810
dollars, whichever is greater, except that the total fee for any 21,811
such permit shall not exceed eighty thousand dollars. A person 21,812
issued a modification of a permit for a solid waste disposal 21,813
facility or an infectious waste treatment facility that does not 21,814
involve an increase in the total disposal or treatment capacity 21,815
of the facility shall pay a fee of one thousand dollars. A 21,816
person issued a permit to install a new, or modify an existing, 21,817
solid waste transfer facility under that chapter shall pay a fee 21,818
of two thousand five hundred dollars. A person issued a permit 21,819
to install a new or to modify an existing solid waste 21,820
incineration or composting facility, or an existing infectious 21,821
waste treatment facility using incineration as its principal 21,822
method of treatment, under that chapter shall pay a fee of one 21,823
thousand dollars. The increases in the permit fees under this 21,824
division resulting from the amendments made by Amended Substitute 21,825
House Bill 592 of the 117th general assembly do not apply to any 21,826
person who submitted an application for a permit to install a 21,827
new, or modify an existing, solid waste disposal facility under 21,828
that chapter prior to September 1, 1987; any such person shall 21,829
pay the permit fee established in this division as it existed 21,830
prior to June 24, 1988. In addition to the applicable permit fee 21,831
under this division, a person issued a permit to install or 21,832
modify a solid waste facility or an infectious waste treatment 21,833
facility under that chapter who fails to pay the permit fee to 21,834
506
the director in compliance with division (V) of this section 21,835
shall pay an additional ten per cent of the amount of the fee for 21,836
each week that the permit fee is late. 21,837
Permit and late payment fees paid to the director under 21,839
this division shall be credited to the general revenue fund. 21,840
(R)(1) A person issued a registration certificate for a 21,842
scrap tire collection facility under section 3734.75 of the 21,843
Revised Code shall pay a fee of two hundred dollars, except that 21,844
if the facility is owned or operated by a motor vehicle salvage 21,845
dealer licensed under Chapter 4738. of the Revised Code, the 21,846
person shall pay a fee of twenty-five dollars. 21,847
(2) A person issued a registration certificate for a new 21,849
scrap tire storage facility under section 3734.76 of the Revised 21,850
Code shall pay a fee of three hundred dollars, except that if the 21,851
facility is owned or operated by a motor vehicle salvage dealer 21,852
licensed under Chapter 4738. of the Revised Code, the person 21,853
shall pay a fee of twenty-five dollars. 21,854
(3) A person issued a permit for a scrap tire storage 21,856
facility under section 3734.76 of the Revised Code shall pay a 21,857
fee of one thousand dollars, except that if the facility is owned 21,858
or operated by a motor vehicle salvage dealer licensed under 21,859
Chapter 4738. of the Revised Code, the person shall pay a fee of 21,860
fifty dollars. 21,861
(4) A person issued a permit for a scrap tire monocell or 21,863
monofill facility under section 3734.77 of the Revised Code shall 21,864
pay a fee of ten dollars per thousand cubic yards of disposal 21,865
capacity or one thousand dollars, whichever is greater, except 21,866
that the total fee for any such permit shall not exceed eighty 21,867
thousand dollars. 21,868
(5) A person issued a registration certificate for a scrap 21,870
tire recovery facility under section 3734.78 of the Revised Code 21,871
shall pay a fee of one hundred dollars. 21,872
(6) A person issued a permit for a scrap tire recovery 21,874
facility under section 3734.78 of the Revised Code shall pay a 21,875
507
fee of one thousand dollars. 21,876
(7) In addition to the applicable registration certificate 21,878
or permit fee under divisions (R)(1) to (6) of this section, a 21,879
person issued a registration certificate or permit for any such 21,880
scrap tire facility who fails to pay the registration certificate 21,881
or permit fee to the director in compliance with division (V) of 21,882
this section shall pay an additional ten per cent of the amount 21,883
of the fee for each week that the fee is late. 21,884
(8) The registration certificate, permit, and late payment 21,886
fees paid to the director under divisions (R)(1) to (7) of this 21,887
section shall be credited to the scrap tire management fund 21,888
created in section 3734.82 of the Revised Code. 21,889
(S)(1) Except as provided by divisions (L), (M), (N), (O), 21,891
(P), and (S)(2) of this section, division (A)(2) of section 21,892
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 21,893
and rules adopted under division (T)(1) of this section, any 21,894
person applying for a registration certificate under section 21,895
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 21,896
variance, or plan approval under Chapter 3734. of the Revised 21,897
Code shall pay a nonrefundable fee of fifteen dollars at the time 21,898
the application is submitted, and any. 21,899
EXCEPT AS OTHERWISE PROVIDED, ANY person applying for a 21,901
permit, variance, or plan approval under Chapter 6109. or 6111. 21,902
of the Revised Code shall pay a nonrefundable fee of one hundred 21,903
dollars at the time the application is submitted through June 30, 21,904
2000 2002, and a nonrefundable fee of fifteen dollars at the time 21,906
the application is submitted on and after July 1, 2000 2002. 21,907
THROUGH JUNE 30, 2002, ANY PERSON APPLYING FOR A NATIONAL 21,908
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UNDER CHAPTER 6111. 21,910
OF THE REVISED CODE SHALL PAY A NONREFUNDABLE FEE OF TWO HUNDRED 21,912
DOLLARS AT THE TIME OF APPLICATION FOR THE PERMIT. ON AND AFTER 21,913
JULY 1, 2002, SUCH A PERSON SHALL PAY A NONREFUNDABLE FEE OF 21,914
FIFTEEN DOLLARS AT THE TIME OF APPLICATION. 21,915
The director shall transmit all moneys collected under 21,917
508
division (S)(1) of this section pursuant to Chapter 6109. of the 21,918
Revised Code to the treasurer of state for deposit into the 21,919
drinking water protection fund created in section 6109.30 of the 21,920
Revised Code.
The director shall transmit all moneys collected under 21,922
division (S)(1) of this section pursuant to Chapter 6111. of the 21,923
Revised Code to the treasurer of state for deposit into the 21,924
surface water protection fund created in section 6111.038 of the 21,925
Revised Code.
If a registration certificate is issued under section 21,927
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 21,928
the application fee paid shall be deducted from the amount of the 21,929
registration certificate fee due under division (R)(1), (2), or 21,930
(5) of this section, as applicable. 21,931
(2) Division (S)(1) of this section does not apply to an 21,933
application for a registration certificate for a scrap tire 21,934
collection or storage facility submitted under section 3734.75 or 21,935
3734.76 of the Revised Code, as applicable, if the owner or 21,936
operator of the facility or proposed facility is a motor vehicle 21,937
salvage dealer licensed under Chapter 4738. of the Revised Code. 21,938
(T) The director may adopt, amend, and rescind rules in 21,940
accordance with Chapter 119. of the Revised Code that do all of 21,941
the following: 21,942
(1) Prescribe fees to be paid by applicants for and 21,944
holders of any license, permit, variance, plan approval, or 21,945
certification required or authorized by Chapter 3704., 3734., 21,946
6109., or 6111. of the Revised Code that are not specifically 21,947
established in this section. The fees shall be designed to 21,948
defray the cost of processing, issuing, revoking, modifying, 21,949
denying, and enforcing the licenses, permits, variances, plan 21,950
approvals, and certifications. 21,951
The director shall transmit all moneys collected under 21,953
rules adopted under division (T)(1) of this section pursuant to 21,954
Chapter 6109. of the Revised Code to the treasurer of state for 21,955
509
deposit into the drinking water protection fund created in 21,956
section 6109.30 of the Revised Code. 21,957
The director shall transmit all moneys collected under 21,959
rules adopted under division (T)(1) of this section pursuant to 21,960
Chapter 6111. of the Revised Code to the treasurer of state for 21,961
deposit into the surface water protection fund created in section 21,962
6111.038 of the Revised Code. 21,963
(2) Exempt the state and political subdivisions thereof, 21,965
including education facilities or medical facilities owned by the 21,966
state or a political subdivision, or any person exempted from 21,967
taxation by section 5709.07 or 5709.12 of the Revised Code, from 21,968
any fee required by this section; 21,969
(3) Provide for the waiver of any fee, or any part 21,971
thereof, otherwise required by this section whenever the director 21,972
determines that the imposition of the fee would constitute an 21,973
unreasonable cost of doing business for any applicant, class of 21,974
applicants, or other person subject to the fee; 21,975
(4) Prescribe measures that the director considers 21,977
necessary to carry out this section. 21,978
(U) When the director reasonably demonstrates that the 21,980
direct cost to the state associated with the issuance of a permit 21,981
to install, license, variance, plan approval, or certification 21,982
exceeds the fee for the issuance or review specified by this 21,983
section, the director may condition the issuance or review on the 21,984
payment by the person receiving the issuance or review of, in 21,985
addition to the fee specified by this section, the amount, or any 21,986
portion thereof, in excess of the fee specified under this 21,987
section. The director shall not so condition issuances for which 21,988
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 21,989
section. 21,990
(V) Except as provided in divisions (L), (M), and (P) of 21,992
this section or unless otherwise prescribed by a rule of the 21,993
director adopted pursuant to Chapter 119. of the Revised Code, 21,994
all fees required by this section are payable within thirty days 21,995
510
after the issuance of an invoice for the fee by the director or 21,996
the effective date of the issuance of the license, permit, 21,997
variance, plan approval, or certification. If payment is late, 21,998
the person responsible for payment of the fee shall pay an 21,999
additional ten per cent of the amount due for each month that it 22,000
is late. 22,001
(W) As used in this section, "fuel-burning equipment," 22,003
"fuel-burning equipment input capacity," "incinerator," 22,004
"incinerator input capacity," "process," "process weight rate," 22,005
"storage tank," "gasoline dispensing facility," "dry cleaning 22,006
facility," "design flow discharge," and "new source treatment 22,007
works" have the meanings ascribed to those terms by applicable 22,008
rules or standards adopted by the director under Chapter 3704. or 22,009
6111. of the Revised Code. 22,010
(X) As used in divisions (B), (C), (D), (E), (F), (H), 22,012
(I), and (J) of this section, and in any other provision of this 22,013
section pertaining to fees paid pursuant to Chapter 3704. of the 22,014
Revised Code: 22,015
(1) "Facility," "federal Clean Air Act," "person," and 22,017
"Title V permit" have the same meanings as in section 3704.01 of 22,018
the Revised Code. 22,019
(2) "Title V permit program" means the following 22,021
activities as necessary to meet the requirements of Title V of 22,022
the federal Clean Air Act and 40 C.F.R. part 70, including at 22,023
least: 22,024
(a) Preparing and adopting, if applicable, generally 22,026
applicable rules or guidance regarding the permit program or its 22,027
implementation or enforcement; 22,028
(b) Reviewing and acting on any application for a Title V 22,030
permit, permit revision, or permit renewal, including the 22,031
development of an applicable requirement as part of the 22,032
processing of a permit, permit revision, or permit renewal; 22,033
(c) Administering the permit program, including the 22,035
supporting and tracking of permit applications, compliance 22,036
511
certification, and related data entry; 22,037
(d) Determining which sources are subject to the program 22,039
and implementing and enforcing the terms of any Title V permit, 22,040
not including any court actions or other formal enforcement 22,041
actions; 22,042
(e) Emission and ambient monitoring; 22,044
(f) Modeling, analyses, or demonstrations; 22,046
(g) Preparing inventories and tracking emissions; 22,048
(h) Providing direct and indirect support to small 22,050
business stationary sources to determine and meet their 22,051
obligations under the federal Clean Air Act pursuant to the small 22,052
business stationary source technical and environmental compliance 22,053
assistance program required by section 507 of that act and 22,054
established in sections 3704.18, 3704.19, and 3706.19 of the 22,055
Revised Code. 22,056
Sec. 3748.07. (A) Every facility that proposes to handle 22,066
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 22,068
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 22,069
registration. Terms and conditions of licenses and certificates 22,070
of registration may be amended in accordance with rules adopted 22,071
under section 3748.04 of the Revised Code or orders issued by the 22,072
director pursuant to section 3748.05 of the Revised Code. 22,073
(B) Until rules are adopted under section 3748.04 of the 22,075
Revised Code, an application for a certificate of registration 22,077
shall be accompanied by a biennial registration fee of one
hundred fifty SIXTY dollars. On and after the effective date of 22,079
those rules, an applicant for a license, registration
certificate, or renewal of either shall pay the appropriate fee 22,080
established in those rules.
All fees collected under this section shall be deposited in 22,082
the state treasury to the credit of the general operations fund 22,083
created in section 3701.83 of the Revised Code. The fees shall 22,085
512
be used solely to administer and enforce this chapter and rules
adopted under it. 22,086
Any fee required under this section that has not been paid 22,088
within ninety days after the invoice date shall be assessed at 22,089
two times the original invoiced fee. Any fee that has not been 22,090
paid within one hundred eighty days after the invoice date shall 22,092
be assessed at five times the original invoiced fee. 22,093
(C) The director shall grant a license or registration to 22,095
any applicant who has paid the required fee and is in compliance 22,096
with this chapter and rules adopted under it. 22,098
Until rules are adopted under section 3748.04 of the 22,100
Revised Code, certificates of registration shall be effective for 22,102
two years from the date of issuance. On and after the effective 22,103
date of those rules, licenses and certificates of registration 22,104
shall be effective for the applicable period established in those 22,105
rules. Licenses and certificates of registration shall be 22,106
renewed in accordance with the standard renewal procedure 22,107
established in Chapter 4745. of the Revised Code. 22,108
Sec. 3748.13. (A) The director of health shall inspect 22,117
sources of radiation for which licensure or registration by the 22,118
handler is required, and the sources' shielding and surroundings, 22,120
according to the schedule established in rules adopted under 22,121
division (D) of section 3748.04 of the Revised Code. In 22,122
accordance with rules adopted under that section, the director 22,123
shall inspect all records and operating procedures of handlers 22,125
that install sources of radiation and all sources of radiation 22,127
for which licensure of radioactive material or registration of 22,128
radiation-generating equipment by the handler is required. The 22,129
director may make other inspections upon receiving complaints or 22,130
other evidence of violation of this chapter or rules adopted 22,131
under it.
The director shall require any hospital registered under 22,134
division (A) of section 3701.07 of the Revised Code to develop 22,135
and maintain a quality assurance program for all sources of 22,136
513
radiation-generating equipment. A certified radiation expert 22,137
shall conduct oversight and maintenance of the program and shall 22,138
file a report of audits of the program with the director on forms 22,139
prescribed by the director. The audit reports shall become part 22,140
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 22,142
section 3748.04 of the Revised Code, a facility shall pay 22,144
inspection fees according to the following schedule and 22,145
categories:
First dental x-ray tube, 22,147
gauging x-ray tube, or
analytical x-ray equipment 22,148
used in nonhealth care
applications $80.00 94.00 22,149
Each additional dental x-ray 22,150
tube, cabinet x-ray tube,
gauging x-ray tube, or 22,151
analytical x-ray equipment
used in nonhealth care
applications at the same 22,153
location $40.00 47.00 22,154
First MEDICAL x-ray tube other 22,155
than dental, cabinet, or
gauging, or analytical x-ray 22,157
equipment used in nonhealth
care applications $160.00 187.00 22,158
Each additional MEDICAL x-ray 22,159
tube other than dental,
cabinet, or gauging, or 22,160
analytical x-ray equipment 22,161
used in nonhealth care
applications at the same
location $80.00 94.00 22,163
514
Each unit of ionizing 22,164
radiation-generating equipment
capable of operating at or 22,165
above 250 kilovoltage peak $320.00 373.00 22,166
First nonionizing 22,167
radiation-generating equipment
of any kind $160.00 187.00 22,168
Each additional nonionizing 22,169
radiation-generating equipment 22,170
of any kind at the same 22,171
location $80.00 94.00 22,172
Amount of radioactive material 22,173
licensed or amount on hand at
the time of inspection, 22,175
whichever is greater:
less than 100 microcuries $100.00 22,178
100 microcuries or more, but 22,179
less than one millicurie $150.00 22,180
one millicurie or more, but 22,181
less than 100 millicuries $200.00 22,182
100 millicuries or more $400.00 22,183
Test of a sealed source for 22,184
leakage of radioactive
material $ 80.00 22,185
Assembler-maintainer 22,186
inspection consisting of an
inspection of records and 22,187
operating procedures of
handlers that install sources
of radiation $200.00 233.00 22,188
Until rules are adopted under division (A)(8) of section 22,191
3748.04 of the Revised Code, the fee for an inspection to 22,192
determine whether violations cited in a previous inspection have 22,194
been corrected is fifty per cent of the fee applicable under the 22,195
515
schedule in this division. Until those rules are adopted, the 22,196
fee for the inspection of a facility that is not licensed or 22,197
registered and for which no license or registration application 22,198
is pending at the time of inspection is two hundred fifty NINETY 22,200
dollars plus the fee applicable under the schedule in this 22,201
division.
The director may conduct a review of shielding plans or the 22,204
adequacy of shielding on the request of a licensee or registrant 22,205
or an applicant for licensure or registration or during an 22,206
inspection when the director considers a review to be necessary. 22,207
Until rules are adopted under division (A)(8) of section 3748.04 22,208
of the Revised Code, the fee for the review is four hundred 22,209
SIXTY-SIX dollars for each room where a source of radiation is 22,210
used and is in addition to any other fee applicable under the 22,211
schedule in this division.
All fees shall be paid to the department of health no later 22,213
than thirty days after the invoice for the fee is mailed. Fees 22,214
shall be deposited in the general operations fund created in 22,215
section 3701.83 of the Revised Code. The fees shall be used 22,216
solely to administer and enforce this chapter and rules adopted 22,217
under it.
Any fee required under this section that has not been paid 22,219
within ninety days after the invoice date shall be assessed at 22,220
two times the original invoiced fee. Any fee that has not been 22,221
paid within one hundred eighty days after the invoice date shall 22,222
be assessed at five times the original invoiced fee. 22,223
(C) If the director determines that a board of health of a 22,226
city or general health district is qualified to conduct 22,227
inspections of radiation-generating equipment, the director may 22,228
delegate to the board, by contract, the authority to conduct such 22,229
inspections. In making a determination of the qualifications of 22,230
a board of health to conduct those inspections, the director 22,231
shall evaluate the credentials of the individuals who are to 22,232
conduct the inspections of radiation-generating equipment and the 22,233
516
radiation detection and measuring equipment available to them for 22,234
that purpose. If a contract is entered into, the board shall 22,235
have the same authority to make inspections of 22,236
radiation-generating equipment as the director has under this 22,237
chapter and rules adopted under it. The contract shall stipulate 22,238
that only individuals approved by the director as qualified shall 22,239
be permitted to inspect radiation-generating equipment under the 22,240
contract's provisions. The contract shall provide for such 22,241
compensation for services as is agreed to by the director and the 22,242
board of health of the contracting health district. The director 22,243
may reevaluate the credentials of the inspection personnel and 22,244
their radiation detecting and measuring equipment as often as the 22,245
director considers necessary and may terminate any contract with 22,246
the board of health of any health district that, in the 22,247
director's opinion, is not satisfactorily performing the terms of 22,248
the contract.
(D) The director may enter at all reasonable times upon 22,250
any public or private property to determine compliance with this 22,251
chapter and rules adopted under it. 22,252
Sec. 3750.02. (A) There is hereby created the emergency 22,261
response commission consisting of the directors of environmental 22,262
protection and health, the chairpersons of the public utilities 22,264
commission, industrial commission, and state and local government 22,266
commission, the fire marshal, the director of public safety, the 22,267
administrator of the bureau of employment services, and the 22,268
attorney general as members ex officio, or their designees; 22,269
notwithstanding section 101.26 of the Revised Code, the 22,270
chairpersons of the respective standing committees of the senate 22,271
and house of representatives that are primarily responsible for 22,272
considering environmental issues who may participate fully in all 22,273
the commission's deliberations and activities, except that they 22,274
shall serve as nonvoting members; and ten members to be appointed 22,275
by the governor with the advice and consent of the senate. The 22,276
appointed members, to the extent practicable, shall have 22,277
517
technical expertise in the field of emergency response. Of the 22,278
appointed members, two shall represent environmental advocacy 22,279
organizations, one shall represent the interests of petroleum 22,280
refiners or marketers or chemical manufacturers, one shall 22,281
represent the interests of another industry subject to this 22,282
chapter, one shall represent the interests of municipal 22,283
corporations, one shall represent the interests of counties, one 22,284
shall represent the interests of chiefs of fire departments, one 22,285
shall represent the interests of professional fire fighters 22,286
FIREFIGHTERS, one shall represent the interests of volunteer fire 22,288
fighters FIREFIGHTERS, and one shall represent the interests of 22,290
local emergency management agencies. 22,291
An appointed member of the commission also may serve as a 22,294
member of the local emergency planning committee of an emergency 22,295
planning district. An appointed member of the commission who is 22,296
also a member of a local emergency planning committee shall not 22,297
participate as a member of the commission in the appointment of 22,298
members of the local emergency planning committee of which the 22,299
member is a member, in the review of the chemical emergency 22,301
response and preparedness plan submitted by the local emergency 22,302
planning committee of which the member is a member, in any vote 22,303
to approve a grant to the member's district, nor OR in any vote 22,305
of the commission on any motion or resolution pertaining 22,307
specifically to the member's district or the local emergency 22,309
planning committee on which the member serves. A commission 22,311
member who is also a member of a local emergency planning 22,312
committee shall not lobby or otherwise act as an advocate for the 22,313
member's district to other members of the commission to obtain 22,315
from the commission anything of value for the member's district 22,316
or the local emergency planning committee of which the member is 22,317
a member. A member of the commission who is also a member of a 22,319
local emergency planning committee may vote on resolutions of the 22,320
commission that apply uniformly to all local emergency planning 22,321
committees and districts in the state and do not provide a grant 22,322
518
or other pecuniary benefit to the member's district or the 22,323
committee of which the member is a member. 22,325
The governor shall make the initial appointments to the 22,327
commission within thirty days after December 14, 1988. Of the 22,329
initial appointments to the commission, five shall be for a term 22,332
of two years and five shall be for a term of one year. 22,333
Thereafter, terms of office of the appointed members of the 22,334
commission shall be for two years, with each term ending on the 22,335
same day of the same month as did the term that it succeeds. 22,336
Each member shall hold office from the date of appointment until 22,337
the end of the term for which the member was appointed. Members 22,339
may be reappointed. Vacancies shall be filled in the manner 22,340
provided for original appointments. Any member appointed to fill 22,341
a vacancy occurring prior to the expiration of the term for which 22,342
the member's predecessor was appointed shall hold office for the 22,344
remainder of that term. A member shall continue in office 22,345
subsequent to the expiration date of the member's term until the 22,347
member's successor takes office or until a period of sixty days 22,348
has elapsed, whichever occurs first. The commission may at any 22,349
time by a vote of two-thirds of all the members remove any 22,350
appointed member of the commission for misfeasance, nonfeasance, 22,351
or malfeasance. Members of the commission shall serve without 22,352
compensation, but shall be reimbursed for the reasonable expenses 22,353
incurred by them in the discharge of their duties as members of 22,354
the commission. 22,355
The commission shall meet at least annually and shall hold 22,357
such additional meetings as are necessary to implement and 22,358
administer this chapter. Additional meetings may be held at the 22,359
behest of either a co-chairperson or a majority of the members. 22,361
The commission shall, by adoption of internal management rules 22,362
under division (B)(9) of this section, establish an executive 22,363
committee and delegate to it the performance of such of the 22,364
commission's duties and powers under this chapter as are required 22,365
or authorized to be so delegated by that division. The 22,366
519
commission may organize itself into such additional committees as 22,367
it considers necessary or convenient to implement and administer 22,368
this chapter. The director of environmental protection and the 22,370
director of public safety or their designees shall serve as 22,371
co-chairpersons of the commission and the executive committee. 22,372
Except as otherwise provided in this chapter, a majority of the 22,373
voting members of the commission constitutes a quorum and the 22,374
affirmative vote of a majority of the voting members of the 22,375
commission is necessary for any action taken by the commission. 22,376
Meetings of the executive committee conducted for the purpose of 22,377
determining whether to issue an enforcement order or request that 22,378
a civil action, civil penalty action, or criminal action be 22,379
brought to enforce this chapter or rules adopted or orders issued 22,380
under it are not subject to section 121.22 of the Revised Code 22,381
pursuant to division (D) of that section. 22,382
Except for the purposes of Chapters 102. and 2921. and 22,384
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 22,385
as an appointed member of the commission does not constitute 22,386
holding a public office or position of employment under the laws 22,387
of this state and does not constitute grounds for removal of 22,388
public officers or employees from their offices or positions of 22,389
employment. 22,390
(B) The commission shall: 22,392
(1) Adopt rules in accordance with Chapter 119. of the 22,394
Revised Code that are consistent with and equivalent in scope, 22,395
content, and coverage to the "Emergency Planning and Community 22,396
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 22,397
and applicable regulations adopted under it: 22,398
(a) Identifying or listing extremely hazardous substances 22,400
and establishing a threshold planning quantity for each such 22,401
substance. To the extent consistent with that act and applicable 22,402
regulations adopted under it, the rules may establish threshold 22,403
planning quantities based upon classes of those substances or 22,404
categories of facilities at which such substances are present. 22,405
520
(b) Listing hazardous chemicals, establishing threshold 22,407
quantities for those chemicals, establishing categories of health 22,408
and physical hazards of those chemicals, establishing criteria or 22,409
procedures for identifying those chemicals and the appropriate 22,410
hazard categories of those chemicals, and establishing ranges of 22,411
quantities for those chemicals to be used in preparing emergency 22,412
and hazardous chemical inventory forms under section 3750.08 of 22,413
the Revised Code. To the extent consistent with that act and 22,414
applicable regulations adopted under it, the rules may establish 22,415
threshold quantities based upon classes of those chemicals or 22,416
categories of facilities where those chemicals are present. 22,417
To the extent consistent with that act, the threshold 22,419
quantities for purposes of the submission of lists of hazardous 22,420
chemicals under section 3750.07 and the submission of emergency 22,421
and hazardous chemical inventory forms under section 3750.08 of 22,422
the Revised Code may differ. 22,423
(c) Identifying or listing hazardous substances and 22,425
establishing reportable quantities of each of those substances 22,426
and each extremely hazardous substance. In addition to being 22,427
consistent with and equivalent in scope, content, and coverage to 22,428
that act and applicable regulations adopted under it, the rules 22,429
shall be consistent with and equivalent in scope, content, and 22,430
coverage to regulations identifying or listing hazardous 22,431
substances and reportable quantities of those substances adopted 22,432
under the "Comprehensive Environmental Response, Compensation, 22,433
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 22,434
amended. 22,435
(d) Prescribing the information to be included in the 22,437
lists of hazardous chemicals required to be submitted under 22,438
section 3750.07 of the Revised Code; 22,439
(e) Prescribing the information to be included in the 22,441
emergency and hazardous chemical inventory forms required to be 22,442
submitted under section 3750.08 of the Revised Code. If the 22,443
commission establishes its own emergency and hazardous chemical 22,444
521
inventory form, the rules shall authorize owners and operators of 22,445
facilities who also have one or more facilities located outside 22,446
the state for which they are required to submit inventory forms 22,447
under the federal act and regulations adopted under it to submit 22,448
their annual inventories on forms prescribed by the administrator 22,449
of the United States environmental protection agency under that 22,450
act instead of on forms prescribed by the commission and shall 22,451
require those owners or operators to submit any additional 22,452
information required by the commission's inventory form on an 22,453
attachment to the federal form. 22,454
(f) Establishing procedures for giving verbal notice of 22,456
releases under section 3750.06 of the Revised Code and 22,457
prescribing the information to be provided in such a notice and 22,458
in the follow-up written notice required by that section; 22,459
(g) Establishing standards for determining valid needs for 22,461
the release of tier II information under division (B)(4) of 22,462
section 3750.10 of the Revised Code; 22,463
(h) Identifying the types or categories of information 22,465
submitted or obtained under this chapter and rules adopted under 22,466
it that constitute confidential business information; 22,467
(i) Establishing criteria and procedures to protect trade 22,469
secret and confidential business information from unauthorized 22,470
disclosure; 22,471
(j) Establishing other requirements or authorizations that 22,473
the commission considers necessary or appropriate to implement, 22,474
administer, and enforce this chapter. 22,475
(2) Adopt rules in accordance with Chapter 119. of the 22,477
Revised Code to implement and administer this chapter that may be 22,478
more stringent than the "Emergency Planning and Community 22,479
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 22,480
and regulations adopted under it. Rules adopted under this 22,481
division (B)(2) OF THIS SECTION shall not be inconsistent with 22,482
that act or the regulations adopted under it. The rules shall: 22,484
(a) Prescribe the information to be included in the 22,486
522
chemical emergency response and preparedness plans prepared and 22,487
submitted by local emergency planning committees under section 22,488
3750.04 of the Revised Code; 22,489
(b) Establish criteria and procedures for reviewing the 22,491
chemical emergency response and preparedness plans of local 22,492
emergency planning committees required by section 3750.04 of the 22,493
Revised Code and the annual exercise of those plans and for 22,494
providing concurrence or requesting modifications in the plans 22,495
and the exercise of those plans. The criteria shall include, 22,496
without limitation, the requirement that each exercise of a 22,497
committee's plan involve, in addition to local emergency response 22,498
and medical personnel, either a facility that is subject to the 22,499
plan or a transporter of materials that are identified or listed 22,500
as hazardous materials by regulations adopted under the 22,501
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 22,502
49 U.S.C.A. 1801, as amended. 22,503
(c) Establish policies and procedures for maintaining 22,505
information submitted to the commission and local emergency 22,506
planning committees under this chapter, and for receiving and 22,507
fulfilling requests from the public for access to review and to 22,508
obtain copies of that information. The criteria and procedures 22,509
shall include the following requirements and authorizations 22,510
regarding that information and access to it: 22,511
(i) Information that is protected as trade secret 22,513
information or confidential business information under this 22,514
chapter and rules adopted under it shall be kept in files that 22,515
are separate from those containing information that is not so 22,516
protected;. 22,517
(ii) The original copies of information submitted to the 22,519
commission or committee shall not be removed from the custody and 22,520
control of the commission or committee;. 22,521
(iii) A person who, either in person or by mail, requests 22,523
to obtain a copy of a material safety data sheet submitted under 22,524
this chapter by a facility owner or operator shall submit a 22,525
523
separate application for each facility for which a material 22,526
safety data sheet is being requested;. 22,527
(iv) A person who requests to receive by mail a copy of 22,529
information submitted under this chapter by a facility owner or 22,530
operator shall submit a separate application for each facility 22,531
for which information is being requested, and shall specify both 22,532
the facility for which information is being requested and the 22,533
particular types of documents requested;. 22,534
(v) Only employees of the commission or committee shall 22,536
copy information in the files of the commission or committee;. 22,537
(vi) The commission or committee may require any person 22,539
who requests to review or obtain a copy of information in its 22,540
files to schedule an appointment for that purpose with the 22,541
information coordinator of the commission or committee at least 22,542
twenty-four hours before arriving at the office of the commission 22,543
or committee for the review or copy. 22,544
(vii) Any person who seeks access to information in the 22,546
files of the commission or a local emergency planning committee 22,547
shall submit a written application, either in person or by mail, 22,548
to the information coordinator on a form provided by the 22,549
commission or committee. The person also shall provide the 22,550
person's name and current mailing address on the application and 22,552
may be requested by the commission or committee to provide basic 22,553
demographic information on the form to assist in the evaluation 22,554
of the information access provisions of this chapter and rules 22,555
adopted under it. Application forms may be obtained by mail or 22,556
in person or by request by telephone at the office of the 22,557
commission or committee during regular business hours. Upon 22,558
receipt of a request for an application by telephone or mail, the 22,559
information coordinator shall promptly mail an application to the 22,560
person who requested it. 22,561
(viii) The application form shall provide the applicant 22,563
with a means of indicating that the applicant's name and address 22,565
are to be kept confidential. If the applicant so indicates, that 22,566
524
information is not a public record under section 149.43 of the 22,567
Revised Code and shall not be disclosed to any person who is not 22,568
a member or employee of the commission or committee or an 22,569
employee of the environmental protection agency. When a name and 22,570
address are to be kept confidential, they also shall be deleted 22,571
from the copy of the application required to be placed in the 22,572
file of the facility under division (B)(2)(c)(xii) of this 22,573
section and shall be withheld from any log of information 22,574
requests kept by the commission or committee pursuant to that 22,575
division. 22,576
(ix) Neither the commission nor a local emergency planning 22,578
committee shall charge any fee for access to review information 22,579
in its files when no copies or computer searches of that 22,580
information are requested;. 22,581
(x) An applicant shall be informed of the cost of copying, 22,583
mailing, or conducting a computer search of information on file 22,584
with the commission or committee before such a copy or search is 22,585
made, and the commission or committee shall collect the 22,586
appropriate fees as established under section 3750.13 of the 22,587
Revised Code. Each applicant shall acknowledge on the 22,588
application form that the applicant is aware that the applicant 22,590
will be charged for copies and computer searches of that 22,591
information the applicant requests and for the costs of mailing 22,593
copies of the information to the applicant.
(xi) The commission or committee may require a person 22,595
requesting copies of information on file with it to take delivery 22,596
of them in the office of the commission or committee whenever it 22,597
considers the volume of the information to be large enough to 22,598
make mailing or delivery by a parcel or package delivery service 22,599
impractical;. 22,600
(xii) When the commission or committee receives a request 22,602
for access to review or obtain copies of information in its 22,603
files, it shall not routinely notify the owner or operator of the 22,604
facility involved, but instead shall either keep a log or file of 22,605
525
requests for the information or shall place a copy of each 22,606
completed application form in the file for the facility to which 22,607
the application pertains. Such a log or file shall be available 22,608
for review by the public and by the owners and operators of 22,609
facilities required to submit information to the commission or 22,610
committee under this chapter and rules adopted under it. 22,611
(d) Require that claims for the protection, as a trade 22,613
secret, of information obtained under this chapter regarding 22,614
extremely hazardous substances identified or listed in rules 22,615
adopted under division (B)(1)(a) of this section and hazardous 22,616
chemicals identified or listed in rules adopted under division 22,617
(B)(1)(b) of this section be submitted to the administrator of 22,618
the United States environmental protection agency for 22,619
determination under section 322 of the "Emergency Planning and 22,620
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 22,621
11042, and regulations adopted under that section; 22,622
(e) Establish criteria and procedures for the issuance of 22,624
variances under divisions (B) and (C) of section 3750.11 of the 22,625
Revised Code. The rules shall require that, before approval of 22,626
an application for a variance, the commission or committee find 22,627
by a preponderance of the scientific evidence based upon 22,628
generally accepted scientific principles or laboratory tests that 22,629
the extremely hazardous substances, hazardous chemicals, or 22,630
hazardous substances that would be subject to the reporting 22,631
requirement pose a substantial risk of catastrophic injury to 22,632
public health or safety or to the environment, or pose an 22,633
extraordinary risk of injury to emergency management personnel 22,634
responding to a release of the chemicals or substances, when the 22,635
substances or chemicals are present at a facility in an amount 22,636
equal to or exceeding the quantity for which reporting would be 22,637
required under the reporting requirement for which the variance 22,638
is sought. The rules shall also require that before approval of 22,639
an application for a variance, the commission or committee find 22,640
by a preponderance of the evidence that the development and 22,641
526
implementation of a local emergency response plan for releases of 22,642
the substances or chemicals covered by the reporting requirement 22,643
will reduce the risk of catastrophic injury to public health or 22,644
safety or to the environment, or will reduce the extraordinary 22,645
risk of injury to responding emergency management personnel, in 22,646
the event of a release of the substances or chemicals and find by 22,647
a preponderance of the evidence that the reporting requirement is 22,648
necessary for the development of such a local emergency response 22,649
plan. The rules shall require that when determining whether the 22,650
substances or chemicals that would be subject to the reporting 22,651
requirement pose a substantial risk of catastrophic injury to 22,652
public health or safety or to the environment, or pose an 22,653
extraordinary risk of injury to emergency management personnel 22,654
responding to a release of the substance or chemical, the 22,655
commission or committee consider all of the following factors: 22,656
(i) The specific characteristics and degree and nature of 22,658
the hazards posed by a release of the extremely hazardous 22,659
substances, hazardous chemicals, or hazardous substances; 22,660
(ii) The proximity of the facilities that would be subject 22,662
to the reporting requirement to residential areas, to areas where 22,663
significantly large numbers of people are employed or otherwise 22,664
congregate, and to environmental resources that are subject to 22,665
injury; 22,666
(iii) The quantities of the extremely hazardous 22,668
substances, hazardous chemicals, or hazardous substances that are 22,669
routinely present at facilities that would be subject to the 22,670
reporting requirement; 22,671
(iv) The frequency with which the extremely hazardous 22,673
substances, hazardous chemicals, or hazardous substances are 22,674
present at the facilities that would be subject to the reporting 22,675
requirement in quantities for which reporting would be required 22,676
thereunder. 22,677
(f) Establish criteria and procedures for the issuance of 22,679
orders under division (D) of section 3750.11 of the Revised Code 22,680
527
requiring the placement of emergency response lock box units. 22,681
The rules shall require that before approval of an application 22,682
for issuance of such an order, the commission or committee find 22,683
by a preponderance of the scientific evidence based upon 22,684
generally accepted scientific principles or laboratory tests that 22,685
the presence of the extremely hazardous substances, hazardous 22,686
chemicals, or hazardous substances in the quantities in which 22,687
they are routinely or intermittently present at the facility for 22,688
which the order is sought pose a substantial risk of catastrophic 22,689
injury to public health or safety or to the environment, or pose 22,690
an extraordinary risk of injury to responding emergency 22,691
management personnel, in the event of a release of any of those 22,692
substances or chemicals from the facility. The rules shall 22,693
require that before approval of an application for issuance of 22,694
such an order, the commission or committee also find by a 22,695
preponderance of the evidence that the placement of an emergency 22,696
response lock box unit at the facility is necessary to protect 22,697
against the substantial risk of catastrophic injury to public 22,698
health or safety or the environment, or to protect against an 22,699
extraordinary risk of injury to responding emergency management 22,700
personnel, in the event of a release of any of the extremely 22,701
hazardous substances, hazardous chemicals, or hazardous 22,702
substances routinely or intermittently present at the facility. 22,703
The rules shall require that when determining whether the 22,704
extremely hazardous substances, hazardous chemicals, or hazardous 22,705
substances present at the facility pose a substantial risk of 22,706
catastrophic injury to public health or safety or to the 22,707
environment, or pose an extraordinary risk of injury to 22,708
responding emergency management personnel, in the event of a 22,709
release of any of those substances or chemicals from the 22,710
facility, the commission or committee consider all of the 22,711
following factors: 22,712
(i) The specific characteristics and the degree and nature 22,714
of the hazards posed by a release of the extremely hazardous 22,715
528
substances, hazardous chemicals, or hazardous substances present 22,716
at the facility; 22,717
(ii) The proximity of the facility to residential areas, 22,719
to areas where significantly large numbers of people are employed 22,720
or otherwise congregate, and to environmental resources that are 22,721
subject to injury; 22,722
(iii) The quantities of the extremely hazardous 22,724
substances, hazardous chemicals, or hazardous substances that are 22,725
routinely present at the facility; 22,726
(iv) The frequency with which the extremely hazardous 22,728
substances, hazardous chemicals, or hazardous substances are 22,729
present at the facility. 22,730
(g) Establish procedures to be followed by the commission 22,732
and the executive committee of the commission for the issuance of 22,733
orders under this chapter. 22,734
(3) In accordance with Chapter 119. of the Revised Code 22,736
adopt rules establishing reportable quantities for releases of 22,737
oil that are consistent with and equivalent in scope, content, 22,738
and coverage to section 311 of the "Federal Water Pollution 22,739
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 22,740
as amended, and applicable regulations adopted under it.; 22,741
(4) Adopt rules in accordance with Chapter 119. of the 22,743
Revised Code establishing criteria and procedures for identifying 22,744
or listing extremely hazardous substances in addition to those 22,745
identified or listed in rules adopted under division (B)(1)(a) of 22,746
this section and for establishing threshold planning quantities 22,747
and reportable quantities for the added extremely hazardous 22,748
substances; for identifying or listing hazardous chemicals in 22,749
addition to those identified or listed in rules adopted under 22,750
division (B)(1)(b) of this section and for establishing threshold 22,751
quantities and categories of health and physical hazards for the 22,752
added hazardous chemicals; and for identifying or listing 22,753
hazardous substances in addition to those identified or listed in 22,754
rules adopted under division (B)(1)(c) OF THIS SECTION and for 22,755
529
establishing reportable quantities for the added hazardous 22,757
substances. The criteria for identifying or listing additional 22,758
extremely hazardous substances and establishing threshold 22,759
planning quantities and reportable quantities therefor and for 22,760
identifying or listing additional hazardous chemicals and 22,761
establishing threshold quantities and categories of health and 22,762
physical hazards for the added hazardous chemicals shall be 22,763
consistent with and equivalent to applicable criteria therefor 22,764
under the "Emergency Planning and Community Right-To-Know Act of 22,765
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 22,766
under it. The criteria for identifying additional hazardous 22,767
substances and for establishing reportable quantities of the 22,768
added hazardous substances shall be consistent with and 22,769
equivalent to the applicable criteria for identifying or listing 22,770
hazardous substances and establishing reportable quantities 22,771
therefor under the "Comprehensive Environmental Response, 22,772
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 22,773
U.S.C.A. 9602, as amended, and regulations adopted under it. The 22,774
THE rules shall require that, before identifying or listing 22,777
any such additional extremely hazardous substance, hazardous 22,778
chemical, or hazardous substance and establishing a threshold 22,779
planning quantity, threshold quantity, or reportable quantity 22,780
therefor, the commission find by a preponderance of the 22,781
scientific evidence based on generally accepted scientific 22,782
principles or laboratory tests that the substance or chemical 22,783
poses a substantial risk of catastrophic injury to public health 22,784
or safety or to the environment, or poses an extraordinary risk 22,785
of injury to emergency management personnel responding to a 22,786
release of the chemical or substance, when the chemical or 22,787
substance is present at a facility in an amount equal to the 22,788
proposed threshold planning quantity or threshold quantity or, in 22,789
the instance of a proposed additional extremely hazardous 22,790
substance or hazardous substance, poses a substantial risk of 22,791
catastrophic injury to public health or safety or to the 22,792
530
environment if a release of the proposed reportable quantity of 22,793
the substance occurs. The rules shall further require that, 22,794
before so identifying or listing a substance or chemical, the 22,795
commission find by a preponderance of the evidence that the 22,796
development and implementation of state or local emergency 22,797
response plans for releases of the substance or chemical will 22,798
reduce the risk of a catastrophic injury to public health or 22,799
safety or to the environment, or will reduce the extraordinary 22,800
risk of injury to responding emergency response personnel, in the 22,801
event of a release of the substance or chemical and find by a 22,802
preponderance of the evidence that the identification or listing 22,803
of the substance or chemical is necessary for the development of 22,804
state or local emergency response plans for releases of the 22,805
substance or chemical. The rules shall require that the 22,806
commission consider the toxicity of the substance or chemical in 22,807
terms of both the short-term and long-term health effects 22,808
resulting from exposure to it and its reactivity, volatility, 22,809
dispersibility, combustibility, and flammability when determining 22,810
the risks posed by a release of the substance or chemical and, as 22,811
appropriate, when establishing a threshold planning quantity, 22,812
threshold quantity, reportable quantity, or category of health or 22,813
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 22,815
Revised Code establishing criteria and procedures for receiving 22,816
and deciding claims for protection of information as a trade 22,817
secret that are applicable only to extremely hazardous substances 22,818
and hazardous chemicals identified or listed in rules adopted 22,819
under division (C)(5) of this section. The rules shall be 22,820
equivalent in scope, content, and coverage to section 322 of the 22,821
"Emergency Planning and Community Right-To-Know Act of 1986," 100 22,822
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 22,823
(6)(a) After consultation with the fire marshal, adopt 22,825
rules in accordance with Chapter 119. of the Revised Code 22,826
establishing standards for the construction, placement, and use 22,827
531
of emergency response lock box units at facilities that are 22,828
subject to this chapter. The rules shall establish all of the 22,829
following: 22,830
(i) Specific standards of construction for lock box units; 22,832
(ii) The specific types of information that shall be 22,834
placed in the lock box units required to be placed at a facility 22,835
by an order issued under division (D) of section 3750.11 of the 22,836
Revised Code, which shall include the location of on-site 22,837
emergency fire-fighting and spill cleanup equipment; a diagram of 22,838
the public and private water supply and sewage systems serving 22,839
the facility that are known to the owner or operator of the 22,840
facility; a copy of the emergency and hazardous chemical 22,841
inventory form for the facility most recently required to be 22,842
submitted under section 3750.08 of the Revised Code from which 22,843
the owner or operator may withhold information claimed or 22,844
determined to be trade secret information pursuant to rules 22,845
adopted under division (B)(2)(d) of this section, or pursuant to 22,846
division (B)(14) of this section and rules adopted under division 22,847
(B)(5) of this section, and confidential business information 22,848
identified in rules adopted under division (B)(1)(h) of this 22,849
section; a copy of the local fire department's and facility's 22,850
emergency management plans for the facility, if any; a current 22,851
list of the names, positions, addresses, and telephone numbers of 22,852
all key facility personnel knowledgeable in facility safety 22,853
procedures and the locations at the facility where extremely 22,854
hazardous substances, hazardous chemicals, and hazardous 22,855
substances are produced, used, or stored. The rules shall 22,856
stipulate that, in the instance of lock box units placed 22,857
voluntarily at facilities by the owners or operators of the 22,858
facilities, such information shall be maintained in them as is 22,859
prescribed by agreement by the owner or operator and the fire 22,860
department having jurisdiction over the facility. 22,861
(iii) The conditions that shall be met in order to provide 22,863
safe and expedient access to a lock box unit during a release or 22,864
532
threatened release of an extremely hazardous substance, hazardous 22,865
chemical, or hazardous substance. 22,866
(b) Unless the owner or operator of a facility is issued 22,868
an order under division (D) of section 3750.11 of the Revised 22,869
Code requiring the owner or operator to place a lock box unit at 22,871
the facility, the owner or operator may place a lock box unit at 22,872
the facility at the owner's or operator's discretion. If the 22,874
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 22,876
box unit is in addition to any other obligations established in 22,877
this chapter.
(c) Any costs associated with the purchase, construction, 22,879
or placement of a lock box unit shall be paid by the owner or 22,880
operator of the facility. 22,881
(7) In accordance with Chapter 119. of the Revised Code, 22,883
adopt rules governing the application for and awarding of grants 22,884
under division (C) of section 3750.14 and division (B) of section 22,885
3750.15 of the Revised Code; 22,886
(8) Adopt rules in accordance with Chapter 119. of the 22,888
Revised Code establishing reasonable maximum fees that may be 22,889
charged by the commission and local emergency planning committees 22,890
for copying information in the commission's or committee's files 22,891
to fulfill requests from the public for that information; 22,892
(9) Adopt internal management rules governing the 22,894
operations of the commission. The internal management rules 22,895
shall establish an executive committee of the commission 22,896
consisting of the director of environmental protection or the 22,897
director's designee, the director of public safety or the 22,899
director's designee, the attorney general or the attorney 22,901
general's designee, one of the appointed members of the 22,903
commission representing industries subject to this chapter to be 22,904
appointed by the commission, one of the appointed members of the 22,905
commission representing the interests of environmental advocacy 22,906
organizations to be appointed by the commission, and one other 22,907
533
appointed member or member ex officio of the commission to be 22,908
appointed by the commission. The executive committee has 22,909
exclusive authority to issue enforcement orders under section 22,910
3750.18 of the Revised Code and to request the attorney general 22,911
to bring a civil action, civil penalty action, or criminal action 22,912
under section 3750.20 of the Revised Code in the name of the 22,913
commission regarding violations of this chapter, rules adopted 22,914
under it, or orders issued under it. The internal management 22,915
rules may set forth the other specific powers and duties of the 22,916
commission that the executive committee may exercise and carry 22,917
out and the conditions under which the executive committee may do 22,918
so. The internal management rules shall not authorize the 22,919
executive committee to issue variances under division (B) or (C) 22,920
of section 3750.11 of the Revised Code or orders under division 22,921
(D) of that section.
(10) Oversee and coordinate the implementation and 22,923
enforcement of this chapter and make such recommendations to the 22,924
director of environmental protection and the director of public 22,926
safety as it considers necessary or appropriate to improve the 22,927
implementation and enforcement of this chapter; 22,928
(11) Make allocations of moneys under division (B) of 22,930
section 3750.14 of the Revised Code and make grants under 22,931
division (C) of section 3750.14 and division (B) of section 22,932
3750.15 of the Revised Code; 22,933
(12) Designate an officer of the environmental protection 22,935
agency to serve as the commission's information coordinator under 22,936
this chapter; 22,937
(13) Not later than December 14, 1989, develop and 22,940
distribute a state emergency response plan that defines the 22,942
emergency response roles and responsibilities of the state 22,943
agencies that are represented on the commission and that provides 22,944
appropriate coordination with the national contingency plan and 22,945
the regional contingency plan required by section 105 of the 22,946
"Comprehensive Environmental Response, Compensation, and 22,947
534
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 22,948
amended. The plan shall ensure a well-coordinated response by 22,949
state agencies that may be involved in assisting local emergency 22,950
responders during a major release of oil or a major sudden and 22,951
accidental release of a hazardous substance or extremely 22,952
hazardous substance. The plan may incorporate existing state 22,953
emergency response plans by reference. At least annually, the 22,954
commission and the state agencies that are represented on it 22,955
shall jointly exercise the state plan in conjunction with the 22,956
exercise of a local emergency response plan by a local emergency 22,957
planning committee under section 3750.04 of the Revised Code. 22,958
After any such exercise, the commission shall review the state 22,959
plan and make such revisions in it as the commission considers 22,960
necessary or appropriate.
(14) Receive and decide claims for the protection of 22,962
information as a trade secret that pertain only to extremely 22,963
hazardous substances and hazardous chemicals identified or listed 22,964
by rules adopted under division (C)(5) of this section. If the 22,965
commission determines that the claim meets the criteria 22,966
established in rules adopted under division (B)(5) of this 22,967
section, it shall issue an order to that effect in accordance 22,968
with section 3750.18 of the Revised Code. If the commission 22,969
determines that the claim does not meet the criteria established 22,970
in those rules, it shall issue an order to that effect in 22,971
accordance with section 3750.18 of the Revised Code. 22,972
(15) Annually compile, make available to the public, and 22,974
submit to the president of the senate and the speaker of the 22,975
house of representatives a summary report on the number of 22,976
facilities estimated to be subject to regulation under sections 22,977
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 22,978
facilities reporting to the commission, an estimate of the 22,979
percentage of facilities in compliance with those sections, and 22,980
recommendations regarding the types of activities the commission 22,981
considers necessary to improve such compliance. The commission 22,982
535
shall base its estimate of the number of facilities that are 22,983
subject to regulation under those sections on the current 22,984
estimates provided by the local emergency planning committees 22,985
under division (D)(6) of section 3750.03 of the Revised Code. 22,986
(C) The commission may: 22,988
(1) Procure by contract the temporary or intermittent 22,990
services of experts or consultants when those services are to be 22,991
performed on a part-time or fee-for-service basis and do not 22,992
involve the performance of administrative duties; 22,993
(2) Enter into contracts or agreements with political 22,995
subdivisions or emergency planning districts for the purposes of 22,996
this chapter; 22,997
(3) Accept on behalf of the state any gift, grant, or 22,999
contribution from any governmental or private source, for the 23,000
purposes of this chapter; 23,001
(4) Enter into contracts, agreements, or memoranda of 23,003
understanding with any state department, agency, board, 23,004
commission, or institution to obtain the services of personnel 23,005
thereof or utilize resources thereof for the purposes of this 23,006
chapter. Employees of a state department, agency, board, 23,007
commission, or institution providing services to the commission 23,008
under any such contract, agreement, or memorandum shall perform 23,009
only those functions and provide only the services provided for 23,010
in the contract, agreement, or memorandum. 23,011
(5) Identify or list extremely hazardous substances in 23,013
addition to those identified or listed in rules adopted under 23,014
division (B)(1)(a) of this section and establish threshold 23,015
planning quantities and reportable quantities for the additional 23,016
extremely hazardous substances, identify or list hazardous 23,017
chemicals in addition to those identified or listed in rules 23,018
adopted under division (B)(1)(b) of this section and establish 23,019
threshold quantities and categories or health and physical 23,020
hazards for the added chemicals, and identify or list hazardous 23,021
substances in addition to those identified or listed in rules 23,022
536
adopted under division (B)(1)(c) of this section and establish 23,023
reportable quantities for the added hazardous substances. The 23,024
commission may establish threshold planning quantities for the 23,025
additional extremely hazardous substances based upon classes of 23,026
those substances or categories of facilities at which they are 23,027
present and may establish threshold quantities for the additional 23,028
hazardous chemicals based upon classes of those chemicals or 23,029
categories of facilities where they are present. The commission 23,030
shall identify or list such additional substances or chemicals 23,031
and establish threshold planning quantities, threshold 23,032
quantities, reportable quantities, and hazard categories therefor 23,033
in accordance with the criteria and procedures established in 23,034
rules adopted under division (B)(4) of this section and, after 23,035
compliance with those criteria and procedures, by the adoption of 23,036
rules in accordance with Chapter 119. of the Revised Code. The 23,037
commission shall not adopt rules under division (C)(5) of this 23,038
section modifying any threshold planning quantity established in 23,039
rules adopted under division (B)(1)(a) of this section, any 23,040
threshold quantity established in rules adopted under division 23,041
(B)(1)(b) of this section, nor OR any reportable quantity 23,042
established in rules adopted under division (B)(1)(c) of this 23,043
section. 23,044
If, after the commission has adopted rules under this 23,046
division (C)(5) OF THIS SECTION identifying or listing an 23,047
extremely hazardous substance, hazardous chemical, or hazardous 23,049
substance, the administrator of the United States environmental 23,050
protection agency identifies or lists the substance or chemical 23,051
as an extremely hazardous substance or hazardous chemical under 23,052
the "Emergency Planning and Community Right-To-Know Act of 1986," 23,053
100 Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a 23,054
substance as a hazardous substance under the "Comprehensive 23,055
Environmental Response, Compensation, and Liability Act of 1980," 23,056
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, the commission shall 23,057
rescind its rules adopted under DIVISION (C)(5) OF this section 23,058
537
pertaining to the substance or chemical and adopt the appropriate 23,060
rules under division (B)(1)(a), (b), or (c) of this section. 23,061
(6) From time to time, request the director of 23,063
environmental protection and the deputy EXECUTIVE director of the 23,065
emergency management agency to review implementation, 23,066
administration, and enforcement of the chemical emergency 23,067
response planning and reporting programs created by this chapter 23,068
and rules adopted under it regarding their effectiveness in 23,069
preparing for response to releases of extremely hazardous 23,070
substances, hazardous chemicals, and hazardous substances. After 23,071
completion of any such review, the director of environmental 23,072
protection and the director of public safety shall report their 23,074
findings to the commission. Upon receipt of their findings, the 23,076
commission may make such recommendations for legislative and 23,077
administrative action as the commission finds necessary or 23,078
appropriate to promote achievement of the purposes of this 23,079
chapter.
(D) Except as provided in section 3750.06 of the Revised 23,081
Code, nothing in this chapter applies to the transportation, 23,082
including the storage incident to transportation, of any 23,083
substance or chemical subject to the requirements of this 23,084
chapter, including the transportation and distribution of natural 23,085
gas. 23,086
(E) This chapter authorizes the state, through the 23,088
emergency response commission, the department of public safety, 23,090
and THE environmental protection agency, to establish and 23,091
maintain chemical emergency response planning and preparedness, 23,092
community right-to-know, and hazardous substance and extremely 23,093
hazardous substance release reporting programs that are 23,094
consistent with and equivalent in scope, coverage, and content to 23,095
the "Emergency Planning and Community Right-To-Know Act of 1986," 23,096
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 23,098
it, except as otherwise specifically required or authorized in 23,099
this chapter. The commission, department, and agencies may do 23,101
538
all things necessary, incidental, or appropriate to implement, 23,102
administer, and enforce this chapter and to perform the duties 23,103
and exercise the powers of the state emergency response 23,104
commission under that act and regulations adopted under it and 23,105
under this chapter.
Sec. 3769.20. (A) To encourage the renovation of existing 23,114
racing facilities for the benefit of the public, breeders, and 23,115
horse owners, and to increase the revenue to the state from the 23,116
increase in pari-mutuel wagering resulting from such improvement, 23,117
the taxes paid by a permit holder to the state, in excess of the 23,118
amount paid to the PASSPORT fund, shall be reduced by one per 23,120
cent of the total amount wagered for those permit holders who 23,121
carry out a "major capital improvement project," as defined in 23,122
this section. The percentage of the reduction that may be taken 23,124
each racing day shall equal seventy-five per cent of the tax 23,125
levied under divisions (B) and (C) of section 3769.08, section 23,126
3769.087, and division (F)(2) of section 3769.26 of the Revised 23,127
Code, as applicable, divided by the calculated amount each fund 23,128
should receive under divisions (B) and (C) of section 3769.08,
section 3769.087, and division (F)(2) of section 3769.26 of the 23,129
Revised Code and the reduction provided for in this section. If 23,131
the resulting percentage is less than one, that percentage shall
be multiplied by the amount of the reduction provided for in this 23,132
section. Otherwise, the permit holder shall receive the full 23,133
reduction provided for in this section. The amount of the 23,134
allowable reduction not received shall be carried forward and 23,135
added to any other reduction balance and applied against future 23,136
tax liability. After any reductions expire, any reduction
carried forward shall be treated as a reduction as provided for 23,137
in this section. If the amount of allowable abatement exceeds 23,138
the amount of taxes derived from a permit holder, the amount of 23,140
the allowable abatement not used may be carried forward and 23,141
applied against future tax liability. If more than one permit 23,142
holder is authorized to conduct racing at the facility which THAT 23,143
539
is being improved, the cost of the major capital improvement 23,145
project shall be allocated between or among all the permit 23,146
holders in the ratio that each permit holder's number of racing 23,147
days bears to the total number of racing days conducted at the 23,148
facility. Such reduction shall start from the day racing is 23,149
first conducted following the date on which the major capital 23,150
improvement project is completed and the construction cost has 23,151
been certified by the state racing commission, except as 23,152
otherwise provided in division (B)(E) of this section, and shall 23,154
continue until the total tax reduction equals the cost of the 23,155
major capital improvement project plus debt service applicable to 23,156
the project. In no event, however, shall any tax reduction, 23,157
excluding any reduction balances, be permitted under this section 23,158
after December 31, 2004 2014. The total tax reduction because of 23,160
the major capital improvement project shall not during any one 23,161
year exceed for all permit holders using any one track, one per 23,163
cent of the total amount wagered. The commission shall notify 23,164
the tax commissioner when the diminution of tax begins and when 23,165
it ends.
(B) Each fiscal year, the commission shall submit a report 23,167
to the tax commissioner, the office of budget and management, and 23,168
the legislative budget office of the legislative service 23,169
commission. The report shall identify each capital improvement 23,170
project undertaken under this section and in progress at each 23,171
race track, indicate the total cost of each such project, state 23,172
the tax reduction that resulted from each such project during the 23,173
immediately preceding fiscal year, estimate the tax reduction 23,174
that will result from each such project during the current fiscal 23,175
year, state the total tax reduction that resulted from all such 23,176
projects at all race tracks during the immediately preceding 23,177
fiscal year, and estimate the total tax reduction that will 23,178
result from all such projects at all race tracks during the 23,179
current fiscal year. 23,180
(C) The tax reduction granted pursuant to this section 23,182
540
shall be in addition to any tax reductions for capital 23,183
improvements and new tracks provided for in section 3769.08 of 23,184
the Revised Code and approved by the racing commission prior to 23,185
March 29, 1988.
(D) In order to qualify for the reduction in tax, a permit 23,187
holder shall apply to the commission in such form as the 23,188
commission may require and shall provide full details of the 23,189
major capital improvement project, including plans and 23,190
specifications, a schedule for the project's construction and 23,191
completion, and a breakdown of proposed costs. In addition, the 23,192
permit holder shall have commenced construction of the major 23,193
capital improvement project or shall have had the application for 23,194
the project approved by the racing commission prior to March 29, 23,195
1988. The commission shall not approve an application unless the 23,196
permit holder shows that a contract for the major capital 23,197
improvement project has been let under an unrestricted 23,198
competitive bidding procedure, unless the contract is exempted by 23,199
the controlling board because of its unusual nature. In 23,200
determining whether to approve an application, the commission 23,201
shall consider whether the major capital improvement project will 23,202
promote the safety, convenience, and comfort of the racing public 23,203
and horse owners and generally tend toward the improvement of 23,204
racing in this state. 23,205
(B)(E) If the major capital improvement project is 23,207
approved by the commission and construction has started, the tax 23,208
adjustment may be authorized by the commission upon presentation 23,209
of copies of paid bills in excess of five hundred thousand 23,210
dollars. After the initial authorization, the permit holder 23,211
shall present copies of paid bills in the amount of not less than 23,212
five hundred thousand dollars. If the permit holder is in 23,213
substantial compliance with the schedule for construction and 23,214
completion of the major capital improvement project, the 23,215
commission may authorize the continuance of the tax adjustment 23,216
upon the presentation of such additional paid bills in increments 23,217
541
of five hundred thousand dollars. The commission may terminate 23,218
the tax adjustment if a permit holder fails to complete the major 23,219
capital improvement project, or fails to comply substantially 23,220
with the schedule for construction and completion of the major 23,221
capital improvement project. If the time for completion of the 23,222
major capital improvement project is delayed by acts of God, 23,223
strikes, or the unavailability of labor or materials, the time 23,224
for completion as set forth in the schedule shall be extended by 23,225
the period of such THE delay. If a permit holder fails to 23,226
complete the major capital improvement project, the commission 23,228
shall order the permit holder to repay to the state the total 23,229
amount of tax reduced, unless the permit holder has spent at 23,230
least six million dollars on the project. The normal tax paid by 23,231
the permit holder under section 3769.08 of the Revised Code shall 23,232
be increased by one per cent of the total amount wagered until 23,233
the total amount of the additional tax collected equals the total 23,234
amount of tax reduced. Any action taken by the commission 23,235
pursuant to this section in terminating the tax adjustment or 23,236
requiring repayment of the amount of tax reduced shall be subject 23,237
to Chapter 119. of the Revised Code. 23,238
(F) As used in this section, "major capital improvement 23,240
project" means the renovation, reconstruction, or remodeling, 23,241
costing at least six million dollars, of a race track facility, 23,242
including, but not limited to, the construction of barns used 23,243
exclusively for such THAT race track facility, backstretch 23,244
facilities for horsemen, paddock facilities, pari-mutuel and 23,246
totalizator equipment and appurtenances to that equipment 23,247
purchased by the track, new access roads, new parking areas, the 23,248
complete reconstruction, reshaping, and leveling of the race 23,249
track and appurtenances, grandstand enclosure, installation of 23,250
permanent new heating or air conditioning, roof replacement, and 23,251
installations of a permanent nature forming a part of the track 23,252
structure. 23,253
(G) The cost and expenses to which the tax reduction 23,255
542
GRANTED UNDER THIS SECTION applies shall be determined by 23,257
generally accepted accounting principles and be verified by an 23,258
audit of the permit holder's records, upon completion of the 23,259
major capital improvement project, either by the commission or by 23,260
an independent certified public accountant selected by the permit 23,261
holder and approved by the commission.
(H) THIS SECTION AND SECTION 3769.201 OF THE REVISED CODE 23,264
GOVERN ANY TAX REDUCTION GRANTED TO A PERMIT HOLDER FOR THE COST
TO THE PERMIT HOLDER OF ANY CLEANUP, REPAIR, OR IMPROVEMENT 23,265
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE 1997 OHIO RIVER 23,266
FLOOD TO THE PLACE, TRACK, OR ENCLOSURE FOR WHICH THE PERMIT IS 23,267
ISSUED.
Sec. 3769.201. THE HOLDER OF A PERMIT ISSUED UNDER SECTION 23,270
3769.06 OF THE REVISED CODE MAY APPLY TO THE STATE RACING 23,271
COMMISSION FOR THE TAX REDUCTION AVAILABLE UNDER SECTION 3769.20 23,272
OF THE REVISED CODE FOR THE COST TO THE PERMIT HOLDER OF ANY 23,273
CLEANUP, REPAIR, OR IMPROVEMENT REQUIRED AS A RESULT OF DAMAGE 23,274
CAUSED BY THE 1997 OHIO RIVER FLOOD TO THE PLACE, TRACK, OR 23,275
ENCLOSURE FOR WHICH THE PERMIT IS ISSUED. AS PART OF THE 23,276
APPLICATION, THE PERMIT HOLDER SHALL SUBMIT EVIDENCE OF PAYMENT
OF THE COST OF THE CLEANUP, REPAIR, OR IMPROVEMENT. THE 23,277
COMMISSION SHALL APPROVE THE TAX REDUCTION IN THE AMOUNT OF THE 23,278
COST TO THE PERMIT HOLDER, NET OF ANY INSURANCE PROCEEDS, OF ANY 23,279
CLEANUP, REPAIR, OR IMPROVEMENT THE COMMISSION DETERMINES WAS 23,280
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE FLOOD. THE PERMIT 23,281
HOLDER NEED NOT HAVE FOLLOWED UNRESTRICTED COMPETITIVE BIDDING
PROCEDURES AS REQUIRED UNDER SECTION 3769.20 OF THE REVISED CODE 23,283
TO QUALIFY FOR THE REDUCTION UNDER THIS SECTION.
THE PERMIT HOLDER SHALL CLAIM THE TAX REDUCTION UNDER THIS 23,285
SECTION IN THE SAME MANNER AS IF IT WERE A TAX REDUCTION FOR A 23,286
MAJOR CAPITAL IMPROVEMENT PROJECT UNDER SECTION 3769.20 OF THE 23,288
REVISED CODE. THE PERCENTAGE OF THE REDUCTION THAT MAY BE TAKEN 23,289
EACH RACING DAY SHALL EQUAL THE PERCENTAGE ALLOWED FOR A 23,290
REDUCTION UNDER SECTION 3769.20 OF THE REVISED CODE. A REDUCTION 23,291
543
UNDER THIS SECTION SHALL BE IN ADDITION TO, AND SHALL BE TAKEN
AFTER COMPLETION OF, A REDUCTION APPROVED UNDER SECTION 3769.20 23,292
OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. A PERMIT 23,294
HOLDER SHALL NOT TAKE A REDUCTION UNDER THIS SECTION FOR A REPAIR
OR IMPROVEMENT FOR WHICH A REDUCTION IS TAKEN UNDER SECTION 23,295
3769.20 OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. 23,296
Sec. 3793.08. The department of alcohol and drug addiction 23,305
services shall submit an annual report to the governor, which 23,306
shall include all of the following: 23,307
(A) A statement of the number of people served by alcohol 23,309
and drug addiction programs that receive funds distributed by the 23,310
department, with a breakdown into categories including age, sex, 23,311
race, THE TYPE OF DRUG TO WHICH THE PERSON IS ADDICTED, and any 23,312
other categories the director of alcohol and drug addiction 23,313
services considers significant;
(B) A report measuring the success of alcohol and drug 23,315
addiction programs, based on the use of measures for 23,316
accountability developed by the department, INCLUDING THE 23,317
PERCENTAGE OF PEOPLE SERVED BY SUCH PROGRAMS WHO HAVE NOT 23,318
RELAPSED;
(C) Any other information that the director considers 23,320
significant or is requested by the governor. 23,321
Sec. 3793.10. A drivers' intervention program may be used 23,330
as an alternative to a term of imprisonment for an offender 23,331
sentenced pursuant to division (A)(1) of section 4511.99 of the 23,332
Revised Code, if it is certified by the director of alcohol and 23,333
drug addiction services pursuant to this section. No drivers' 23,334
intervention program shall be used as an alternative to a term of 23,335
imprisonment that is imposed pursuant to division (A)(2), (3), or 23,337
(4) of section 4511.99 of the Revised Code.
To qualify for certification by the director and to receive 23,339
funds from the drivers' STATEWIDE treatment and intervention 23,341
PREVENTION fund created by division (L) of section 4511.191 23,342
4301.30 of the Revised Code in any amounts and at any times that 23,344
544
the director determines are appropriate, a drivers' intervention 23,345
program shall meet state minimum standards that the director 23,346
shall establish by rule. The rules shall include, but are not 23,347
limited to, standards governing program course hours and content, 23,348
qualifications of program personnel, methods of identifying and 23,349
testing participants to isolate participants with alcohol and 23,350
drug abuse problems, referral of such persons to alcohol and drug 23,351
addiction programs, the prompt notification of courts by program 23,352
operators of the completion of the programs by persons required 23,353
by courts to attend them, and record keeping, including methods 23,354
of tracking participants for a reasonable time after they have 23,355
left the program. 23,356
The director shall issue a certificate to any qualified 23,358
drivers' intervention program. The certificate shall be IS valid 23,360
for three years.
Sec. 3793.12. (A) The department of alcohol and drug 23,369
addiction services shall collect and compile statistics and other 23,370
information on the care, treatment, and rehabilitation of 23,371
alcoholics, drug dependent persons, and persons in danger of drug 23,372
dependence in this state, including, without limitation, 23,373
information on the number of such persons, the type of drug 23,374
involved, the type of care, treatment, or rehabilitation 23,375
prescribed or undertaken, and the success or failure of the care, 23,376
treatment, or rehabilitation. 23,377
(B) No alcohol or drug addiction program shall fail to 23,379
supply statistics and other information within its knowledge and 23,380
with respect to its programs, upon request of the department. 23,381
(C) Communications by a person seeking aid in good faith 23,383
for alcoholism or drug dependence ARE confidential, and this 23,384
section does not require the collection or permit the disclosure 23,385
of information which reveals or comprises the identity of any 23,386
person seeking aid. 23,387
(D) BASED ON THE INFORMATION COLLECTED AND COMPILED UNDER 23,389
DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A 23,390
545
PROJECT TO ASSESS THE OUTCOMES OF PERSONS SERVED BY ALCOHOL AND 23,391
DRUG ADDICTION PROGRAMS THAT RECEIVE FUNDS DISTRIBUTED BY THE 23,392
DEPARTMENT.
Sec. 4105.17. (A) The fee for any inspection, OR 23,401
ATTEMPTED INSPECTION THAT, DUE TO NO FAULT OF A GENERAL INSPECTOR 23,402
OR THE DIVISION OF INDUSTRIAL COMPLIANCE, IS NOT SUCCESSFULLY 23,403
COMPLETED, by a general inspector of an elevator required to be 23,404
inspected under this chapter is thirty dollars plus five dollars 23,405
for each floor where the elevator stops. THE SUPERINTENDENT OF 23,406
THE DIVISION OF INDUSTRIAL COMPLIANCE MAY ASSESS A FEE OF THIRTY 23,407
DOLLARS PLUS FIVE DOLLARS FOR EACH FLOOR WHERE AN ELEVATOR STOPS 23,408
FOR THE REINSPECTION OF AN ELEVATOR WHEN A PREVIOUS ATTEMPT TO 23,409
INSPECT THAT ELEVATOR HAS BEEN UNSUCCESSFUL THROUGH NO FAULT OF A
GENERAL INSPECTOR OR THE DIVISION OF INDUSTRIAL COMPLIANCE. The 23,410
fee for issuing or renewing a certificate of operation under 23,412
section 4105.15 of the Revised Code is thirty-five dollars. 23,413
(B) All other fees to be charged for any examination given 23,415
or other service performed by the division of industrial 23,416
compliance pursuant to this chapter shall be prescribed by the 23,418
board of building standards established by section 3781.07 of the 23,419
Revised Code. The fees shall be reasonably related to the costs 23,420
of such examination or other service. 23,421
(C) The board of building standards, subject to the 23,423
approval of the controlling board, may establish fees in excess 23,424
of the fees provided in division (A) of this section, provided 23,425
that the fees do not exceed the amounts established in division 23,426
(A) of this section by more than fifty per cent. Any moneys 23,427
collected under this section shall be paid into the state 23,428
treasury to the credit of the industrial compliance operating 23,430
fund created in section 121.084 of the Revised Code. 23,431
(D) Any person who fails to pay an inspection fee required 23,433
for any inspection conducted by the division pursuant to this 23,435
chapter within forty-five days after the inspection is conducted 23,436
shall pay a late payment fee equal to twenty-five per cent of the 23,437
546
inspection fee. 23,438
(E) In addition to the fee assessed in division (A) of 23,440
this section, the board of building standards shall assess a fee 23,441
of three dollars and twenty-five cents for each certificate of 23,442
operation or renewal thereof issued under division (A) of this 23,443
section and for each permit issued under section 4105.16 of the 23,444
Revised Code. The board shall adopt rules, in accordance with 23,445
Chapter 119. of the Revised Code, specifying the manner by which 23,446
the superintendent of the division of industrial compliance shall 23,448
collect and remit to the board the fees assessed under this 23,450
division and requiring that remittance of the fees be made at 23,451
least quarterly.
Sec. 4112.04. (A) The CIVIL RIGHTS commission shall do 23,460
all of the following: 23,461
(1) Establish and maintain a principal office in the city 23,463
of Columbus and any other offices within the state that it 23,464
considers necessary; 23,465
(2) Appoint an executive director who shall serve at the 23,467
pleasure of the commission and be its principal administrative 23,468
officer. The executive director shall be paid a salary fixed 23,469
pursuant to Chapter 124. of the Revised Code. 23,470
(3) Appoint hearing examiners and other employees and 23,472
agents who it considers necessary and prescribe their duties 23,473
subject to Chapter 124. of the Revised Code; 23,474
(4) Adopt, promulgate, amend, and rescind rules to 23,476
effectuate the provisions of this chapter and the policies and 23,477
practice of the commission in connection with this chapter.; 23,478
(5) Formulate policies to effectuate the purposes of this 23,480
chapter and make recommendations to agencies and officers of the 23,481
state or political subdivisions to effectuate the policies; 23,482
(6) Receive, investigate, and pass upon written charges 23,484
made under oath of unlawful discriminatory practices; 23,485
(7) Make periodic surveys of the existence and effect of 23,487
discrimination because of race, color, religion, sex, familial 23,488
547
status, national origin, handicap, age, or ancestry on the 23,489
enjoyment of civil rights by persons within the state; 23,490
(8) Report, from time to time, but not less than once a 23,492
year, to the general assembly and the governor, describing in 23,493
detail the investigations, proceedings, and hearings it has 23,494
conducted and their outcome, the decisions it has rendered, and 23,495
the other work performed by it, which report shall include a copy 23,496
of any surveys prepared pursuant to division (A)(7) of this 23,497
section and shall include the recommendations of the commission 23,498
as to legislative or other remedial action; 23,499
(9) Prepare a comprehensive educational program, in 23,501
cooperation with the department of education, for the students of 23,502
the public schools of this state and for all other residents of 23,503
this state that is designed to eliminate prejudice on the basis 23,504
of race, color, religion, sex, familial status, national origin, 23,505
handicap, age, or ancestry in this state, to further good will 23,506
among those groups, and to emphasize the origin of prejudice 23,507
against those groups, its harmful effects, and its 23,508
incompatibility with American principles of equality and fair 23,509
play; 23,510
(10) Receive progress reports from agencies, 23,512
instrumentalities, institutions, boards, commissions, and other 23,513
entities of this state or any of its political subdivisions and 23,514
their agencies, instrumentalities, institutions, boards, 23,515
commissions, and other entities regarding affirmative action 23,516
programs for the employment of persons against whom 23,517
discrimination is prohibited by this chapter, or regarding any 23,518
affirmative housing accommodations programs developed to 23,519
eliminate or reduce an imbalance of race, color, religion, sex, 23,520
familial status, national origin, handicap, or ancestry. All 23,521
agencies, instrumentalities, institutions, boards, commissions, 23,522
and other entities of this state or its political subdivisions, 23,523
and all political subdivisions, that have undertaken affirmative 23,524
action programs pursuant to a conciliation agreement with the 23,525
548
commission, an executive order of the governor, any federal 23,526
statute or rule, or an executive order of the president of the 23,527
United States shall file progress reports with the commission 23,528
annually on or before the first day of November. The commission 23,529
shall analyze and evaluate the progress reports and report its 23,530
findings annually to the general assembly on or before the 23,531
thirtieth day of January of the year immediately following the 23,532
receipt of the reports. 23,533
(B) The commission may do any of the following: 23,535
(1) Meet and function at any place within the state; 23,537
(2) Initiate and undertake on its own motion 23,539
investigations of problems of employment or housing 23,540
accommodations discrimination; 23,541
(3) Hold hearings, subpoena witnesses, compel their 23,543
attendance, administer oaths, take the testimony of any person 23,544
under oath, require the production for examination of any books 23,545
and papers relating to any matter under investigation or in 23,546
question before the commission, and make rules as to the issuance 23,547
of subpoenas by individual commissioners. 23,548
(a) In conducting a hearing or investigation, the 23,550
commission shall have access at all reasonable times to premises, 23,551
records, documents, individuals, and other evidence or possible 23,552
sources of evidence and may examine, record, and copy the 23,553
premises, records, documents, and other evidence or possible 23,554
sources of evidence and take and record the testimony or 23,555
statements of the individuals as reasonably necessary for the 23,556
furtherance of the hearing or investigation. In investigations, 23,557
the commission shall comply with the fourth amendment to the 23,558
United States Constitution relating to unreasonable searches and 23,559
seizures. The commission or a member of the commission may issue 23,560
subpoenas to compel access to or the production of premises, 23,561
records, documents, and other evidence or possible sources of 23,562
evidence or the appearance of individuals, and may issue 23,563
interrogatories to a respondent, to the same extent and subject 23,564
549
to the same limitations as would apply if the subpoenas or 23,565
interrogatories were issued or served in aid of a civil action in 23,566
a court of common pleas. 23,567
(b) Upon written application by a respondent, the 23,569
commission shall issue subpoenas in its name to the same extent 23,570
and subject to the same limitations as subpoenas issued by the 23,571
commission. Subpoenas issued at the request of a respondent 23,572
shall show on their face the name and address of the respondent 23,573
and shall state that they were issued at his THE RESPONDENT'S 23,574
request. 23,575
(c) Witnesses summoned by subpoena of the commission are 23,577
entitled to the same witness and mileage fees as are witnesses in 23,578
proceedings in a court of common pleas. 23,579
(d) Within five days after service of a subpoena upon any 23,581
person, the person may petition the commission to revoke or 23,582
modify the subpoena. The commission shall grant the petition if 23,583
it finds that the subpoena requires an appearance or attendance 23,584
at an unreasonable time or place, that it requires production of 23,585
evidence that does not relate to any matter before the 23,586
commission, that it does not describe with sufficient 23,587
particularity the evidence to be produced, that compliance would 23,588
be unduly onerous, or for other good reason. 23,589
(e) In case of contumacy or refusal to obey a subpoena, 23,591
the commission or person at whose request it was issued may 23,592
petition for its enforcement in the court of common pleas in the 23,593
county in which the person to whom the subpoena was addressed 23,594
resides, was served, or transacts business. 23,595
(4) Create local or statewide advisory agencies and 23,597
conciliation councils to aid in effectuating the purposes of this 23,598
chapter. The commission may itself, or it may empower these 23,599
agencies and councils to, do either or both of the following: 23,600
(a) Study the problems of discrimination in all or 23,602
specific fields of human relationships when based on race, color, 23,603
religion, sex, familial status, national origin, handicap, age, 23,604
550
or ancestry; 23,605
(b) Foster through community effort, or otherwise, good 23,607
will among the groups and elements of the population of the 23,608
state. 23,609
The agencies and councils may make recommendations to the 23,611
commission for the development of policies and procedures in 23,612
general. They shall be composed of representative citizens who 23,613
shall serve without pay, except that reimbursement for actual and 23,614
necessary traveling expenses shall be made to citizens who serve 23,615
on a statewide agency or council. 23,616
(5) Issue any publications and the results of 23,618
investigations and research that in its judgment will tend to 23,619
promote good will and minimize or eliminate discrimination 23,620
because of race, color, religion, sex, familial status, national 23,621
origin, handicap, age, or ancestry; 23,622
(6) DELEGATE TO THE EXECUTIVE DIRECTOR THE AUTHORITY TO 23,624
PERFORM ANY ADMINISTRATIVE DUTIES NECESSARY TO CARRY OUT THE 23,625
COMMISSION'S RESPONSIBILITIES, INCLUDING THE AUTHORITY TO 23,626
APPOINT, REMOVE, AND DISCIPLINE THE COMMISSION'S EMPLOYEES. 23,627
Sec. 4112.12. (A) There is hereby created the commission 23,636
on African-American males, which shall consist of not more than 23,637
forty-one members as follows: the directors or their designees 23,638
of the departments of health, development, alcohol and drug 23,639
addiction services, human services, rehabilitation and 23,640
correction, mental health, and youth services; the administrator 23,641
or his THE ADMINISTRATOR'S designee of the bureau of employment 23,642
services; the adjutant general or his THE ADJUTANT GENERAL'S 23,644
designee; the equal employment opportunity officer of the 23,645
department of administrative services or his THE EQUAL EMPLOYMENT 23,647
OPPORTUNITY OFFICER'S designee; the executive director or his THE 23,648
EXECUTIVE DIRECTOR'S designee of the Ohio civil rights 23,649
commission; the director or his THE DIRECTOR'S designee of the 23,651
office of criminal justice services; the superintendent of public 23,652
instruction; the chancellor or his THE CHANCELLOR'S designee of 23,653
551
the Ohio board of regents; two members of the house of 23,655
representatives appointed by the speaker of the house of 23,656
representatives; three members of the senate appointed by the 23,657
president of the senate; and not more than twenty-two members 23,658
appointed by the governor. The members appointed by the governor 23,659
shall include at least one representative of each of the 23,660
following: the national association for the advancement of 23,661
colored people; the urban league; an organization representing 23,662
black elected officials; an organization representing black 23,663
attorneys; the black religious community; the black business 23,664
community; the nonminority business community; AND organized 23,665
labor; and at least one black medical doctor, one black elected 23,666
member of a school board, AND one black educator,; and at least 23,667
two representatives of local private industry councils. The 23,668
remaining members that may be appointed by the governor shall be 23,669
selected from elected officials, civic and community leaders, and 23,670
representatives of the employment, criminal justice, education, 23,671
and health communities.
(B) Initial members of the commission shall be those 23,673
members serving on the governor's commission on socially 23,674
disadvantaged black males on June 30, 1991, in accordance with 23,675
executive orders 89-9 and 90-34. In the event that a member of 23,676
the general assembly serving on the commission on that date 23,677
pursuant to executive orders 89-9 and 90-34 is no longer a member 23,678
of the general assembly, the speaker of the house of 23,679
representatives or the president of the senate, as appropriate, 23,680
shall appoint a new member in accordance with division (A) of 23,681
this section. Of the initial members who are governor's 23,682
appointees, the governor shall designate seven who shall serve 23,683
terms ending June 30, 1993, seven who shall serve terms ending 23,684
June 30, 1994, and eight who shall serve terms ending June 30, 23,685
1995. Thereafter, terms of office shall be for three years, with 23,686
each term ending on the same day of the same month as did the 23,687
term that it succeeds. Each member shall hold office from the 23,688
552
date of his appointment until the end of the term for which he 23,689
THE MEMBER was appointed. Members may be reappointed. Vacancies 23,690
shall be filled in the manner provided for original appointments. 23,691
Any member appointed to fill a vacancy occurring prior to the 23,692
expiration date of the term for which his THE MEMBER'S 23,693
predecessor was appointed shall hold office as a member for the 23,694
remainder of that term. A member shall continue in office 23,695
subsequent to the expiration date of his THE MEMBER'S term until 23,696
his THE MEMBER'S successor takes office or until a period of 23,698
sixty days has elapsed, whichever occurs first.
The chairman of the governor's commission on socially 23,701
disadvantaged black males serving on June 30, 1991, shall serve
as chairman of the commission on African-American males until 23,703
June 30, 1993. Thereafter, the commission annually shall elect a 23,704
chairman CHAIRPERSON from among its members. 23,705
(C) Members of the commission and members of subcommittees 23,707
appointed under division (B) of section 4112.13 of the Revised 23,708
Code shall not be compensated, but shall be reimbursed for their 23,709
necessary and actual expenses incurred in the performance of 23,710
their official duties. 23,711
(D)(1) The Ohio civil rights commission shall oversee and 23,713
coordinate the activities of the commission PERFORM THE FOLLOWING 23,715
ROUTINE SUPPORT SERVICES FOR THE COMMISSION ON AFRICAN-AMERICAN 23,717
MALES:
(a) PREPARING AND PROCESSING PAYROLL AND OTHER PERSONNEL 23,719
DOCUMENTS; 23,720
(b) PREPARING AND PROCESSING VOUCHERS, PURCHASE ORDERS, 23,722
ENCUMBRANCES, AND OTHER ACCOUNTING DOCUMENTS; 23,723
(c) MAINTAINING LEDGERS OF ACCOUNTS AND BALANCES; 23,725
(d) PREPARING AND MONITORING BUDGETS AND ALLOTMENT PLANS 23,727
IN CONSULTATION WITH THE COMMISSION ON AFRICAN-AMERICAN MALES; 23,729
(e) OTHER ROUTINE SUPPORT SERVICES THAT THE CIVIL RIGHTS 23,731
COMMISSION CONSIDERS APPROPRIATE TO ACHIEVE EFFICIENCY. 23,732
(2) THE CIVIL RIGHTS COMMISSION MAY PERFORM OTHER SERVICES 23,734
553
WHICH THE COMMISSION ON AFRICAN-AMERICAN MALES DELEGATES TO THE 23,735
CIVIL RIGHTS COMMISSION AND THAT THE CIVIL RIGHTS COMMISSION 23,736
ACCEPTS.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A GRANT 23,738
OF AUTHORITY FOR THE CIVIL RIGHTS COMMISSION TO INITIATE OR DENY 23,739
PERSONNEL OR FISCAL ACTIONS FOR THE COMMISSION ON 23,740
AFRICAN-AMERICAN MALES. 23,741
Sec. 4112.15. THERE IS HEREBY CREATED IN THE STATE 23,743
TREASURY THE CIVIL RIGHTS COMMISSION GENERAL REIMBURSEMENT FUND, 23,744
WHICH SHALL BE USED TO PAY OPERATING COSTS OF THE COMMISSION. 23,745
ALL MONEY PAID TO THE COMMISSION FOR COPIES OF COMMISSION 23,746
DOCUMENTS AND FOR OTHER GOODS AND SERVICES FURNISHED BY THE 23,747
COMMISSION SHALL BE CREDITED TO THE FUND. 23,748
Sec. 4115.101. THERE IS HEREBY CREATED THE PREVAILING WAGE 23,750
CUSTODIAL FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF 23,751
STATE BUT SHALL NOT BE PART OF THE STATE TREASURY. THE 23,752
ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES SHALL DEPOSIT 23,753
TO THE FUND ALL MONEY PAID BY EMPLOYERS TO THE ADMINISTRATOR THAT 23,754
ARE HELD IN TRUST FOR EMPLOYEES TO WHOM PREVAILING WAGES ARE DUE
AND OWING. THE ADMINISTRATOR SHALL MAKE DISBURSEMENTS FROM THE 23,755
FUND IN ACCORDANCE WITH THIS CHAPTER TO EMPLOYEES AFFECTED BY 23,756
VIOLATIONS OF THIS CHAPTER.
Sec. 4117.24. THE TRAINING AND PUBLICATIONS FUND IS HEREBY 23,758
CREATED IN THE STATE TREASURY. THE STATE EMPLOYMENT RELATIONS 23,759
BOARD SHALL DEPOSIT INTO THE TRAINING AND PUBLICATIONS FUND ALL 23,760
PAYMENTS RECEIVED BY THE BOARD FOR COPIES OF DOCUMENTS, 23,761
RULEBOOKS, AND OTHER PUBLICATIONS; FEES RECEIVED FROM SEMINAR
PARTICIPANTS; AND RECEIPTS FROM THE SALE OF CLEARINGHOUSE DATA. 23,762
THE STATE EMPLOYMENT RELATIONS BOARD SHALL USE ALL MONEYS 23,763
DEPOSITED INTO THE TRAINING AND PUBLICATIONS FUND TO DEFRAY THE 23,764
COSTS OF FURNISHING AND MAKING AVAILABLE COPIES OF DOCUMENTS, 23,765
RULEBOOKS, AND OTHER PUBLICATIONS; THE COSTS OF PLANNING,
ORGANIZING, AND CONDUCTING TRAINING SEMINARS; AND THE COSTS OF 23,766
COMPILING CLEARINGHOUSE DATA. 23,767
554
Sec. 4163.07. (A)(1) Prior to transporting any large 23,776
quantity of special nuclear material or by-product material into 23,777
or through the state, the carrier or shipper of the material 23,778
shall notify the deputy EXECUTIVE director of the emergency 23,779
management agency established under section 5502.22 of the 23,780
Revised Code of the shipment. The notice shall be in writing and 23,781
be sent by certified mail and shall include the name of the 23,782
shipper; the name of the carrier; the type and quantity of the 23,783
special nuclear material or by-product material; the 23,784
transportation mode of the shipment; the proposed date and time 23,785
of shipment of the material into or through the state; and the 23,786
starting point, termination or exit point, scheduled route, and 23,787
each alternate route, if any, of the shipment. In order to 23,788
constitute effective notification under division (A)(1) of this 23,789
section, notification shall be received by the deputy EXECUTIVE 23,790
director at least forty-eight hours prior to entry of the 23,793
shipment into the state.
(2) The carrier or shipper of any shipment subject to 23,795
division (A)(1) of this section shall immediately notify the 23,796
deputy EXECUTIVE director of any change in the date and time of 23,798
the shipment or in the route of the shipment into or through the 23,799
state.
(B) Upon receipt of a notice of any shipment of a large 23,801
quantity of special nuclear material or by-product material into 23,802
or through the state, the deputy EXECUTIVE director of the 23,803
emergency management agency shall immediately notify the director 23,806
of public safety, the director of environmental protection, the 23,807
chairman CHAIRPERSON of the public utilities commission, and the 23,808
sheriff of each county along the proposed route, or any alternate 23,810
route, of the shipment.
(C) The deputy EXECUTIVE director of the emergency 23,812
management agency shall not disclose to any person other than 23,814
those persons enumerated in division (B) of this section any 23,815
information pertaining to any shipment of special nuclear 23,816
555
material or by-product material prior to the time that the 23,817
shipment is completed.
(D) This section does not apply to radioactive materials, 23,819
other than by-products, shipped by or for the United States 23,820
department of defense and United States department of energy. 23,821
Nothing in this section shall require REQUIRES the disclosure of 23,823
any defense information or restricted data as defined in the 23,824
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as 23,825
amended.
(E) No person shall transport or cause to be transported 23,827
into or through the state any large quantity of special or 23,828
by-product material without first providing the notice required 23,829
in division (A) of this section. 23,830
Sec. 4301.10. (A) The department or, beginning on July 1, 23,839
1997, the division of liquor control shall: 23,840
(1) Control the traffic in beer and intoxicating liquor in 23,842
this state, including the manufacture, importation, and sale of 23,844
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 23,846
distribution, transportation, and sale of beer and intoxicating 23,847
liquor and the sale of alcohol, as authorized or required by this 23,848
chapter and Chapter 4303. of the Revised Code; and a certificate 23,849
signed by the director or, beginning on July 1, 1997, the 23,850
superintendent of liquor control to which is affixed the official 23,852
seal of the department or division stating that it appears from
the records of the department or division that no permit has been 23,853
issued to the person specified in the certificate, or that a 23,854
permit, if issued, has been revoked, canceled, or suspended shall 23,856
be received as prima-facie evidence of the facts recited in the 23,857
certificate in any court, or before any officer of this state; 23,859
(3) Put into operation, manage, and control a system of 23,861
state liquor stores for the sale of spirituous liquor at retail 23,862
and to holders of permits authorizing the sale of spirituous 23,863
liquor; however, the department or division shall not establish 23,864
556
any drive-in state liquor stores; and by means of those types of 23,865
stores, and any manufacturing plants, distributing and bottling 23,866
plants, warehouses, and other facilities that it considers 23,867
expedient, establish and maintain a state monopoly of the 23,868
distribution of spirituous liquor and its sale in packages or 23,869
containers; and for that purpose manufacture, buy, import, 23,870
possess, and sell spirituous liquors as provided in this chapter 23,871
and Chapter 4303. of the Revised Code, and in the rules 23,872
promulgated by the director or superintendent of liquor control 23,873
pursuant to those chapters; lease, or in any manner acquire the 23,874
use of any land or building required for any of those purposes; 23,875
purchase any equipment that is required; and borrow money to 23,876
carry on its business, and issue, sign, endorse, and accept 23,877
notes, checks, and bills of exchange; but all obligations of the 23,878
department or division created under authority of this division
shall be a charge only upon the moneys received by the department 23,879
or division from the sale of spirituous liquor and its other 23,880
business transactions in connection with the sale of spirituous 23,881
liquor, and shall not be general obligations of the state; 23,883
(4) Enforce the administrative provisions of this chapter 23,885
and Chapter 4303. of the Revised Code, and the rules and orders 23,888
of the liquor control commission and the director or 23,889
superintendent relating to the manufacture, importation, 23,891
transportation, distribution, and sale of beer and intoxicating 23,892
liquors; and the attorney general, any prosecuting attorney, and 23,893
any prosecuting officer of a municipal corporation or a municipal 23,894
court shall, at the request of the department or division of
liquor control or the department of public safety, prosecute any 23,896
person charged with the violation of any provision in those 23,897
chapters or of any section of the Revised Code relating to the 23,898
manufacture, importation, transportation, distribution, and sale 23,899
of beer and intoxicating liquor; 23,900
(5) Determine the locations of all state liquor stores and 23,902
manufacturing, distributing, and bottling plants required in 23,903
557
connection therewith, subject to this chapter and Chapter 4303. 23,904
of the Revised Code; 23,905
(6) Conduct inspections of liquor permit premises to 23,907
determine compliance with the administrative provisions of this 23,909
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 23,910
Except as otherwise provided in division (A)(6) of this 23,912
section, those inspections may be conducted only during those 23,913
hours in which the permit holder is open for business and only by 23,914
authorized agents or employees of the department or division or 23,915
by any peace officer, as this term is defined in section 2935.01 23,916
of the Revised Code. Inspections may be conducted at other hours 23,917
only to determine compliance with laws or commission rules that 23,918
regulate the hours of sale of beer and intoxicating liquor and 23,919
only if the investigator has reasonable cause to believe that 23,920
those laws or rules are being violated. Any inspection conducted 23,921
pursuant to division (A)(6) of this section is subject to all of 23,922
the following requirements: 23,923
(a) The only property that may be confiscated is 23,925
contraband, as defined in section 2901.01 of the Revised Code, or 23,927
property that is otherwise necessary for evidentiary purposes. 23,928
(b) A complete inventory of all property confiscated from 23,930
the premises shall be given to the permit holder or the permit 23,931
holder's agent or employee by the confiscating agent or officer 23,933
at the conclusion of the inspection. At that time, the inventory 23,934
shall be signed by the confiscating agent or officer and the 23,935
agent or officer shall give the permit holder or the permit 23,936
holder's agent or employee the opportunity to sign the inventory. 23,937
(c) Inspections conducted pursuant to division (A)(6) of 23,939
this section shall be conducted in a reasonable manner. A 23,940
finding by any court of competent jurisdiction that the 23,941
inspection was not conducted in a reasonable manner in accordance 23,942
with this section or any rules promulgated by the commission may 23,943
be considered grounds for suppression of evidence. A finding by 23,944
558
the liquor control commission that the inspection was not 23,945
conducted in a reasonable manner in accordance with this section 23,946
or any rules promulgated by the commission may be considered 23,947
grounds for dismissal of the commission case. 23,948
If any court of competent jurisdiction finds that property 23,950
confiscated as the result of an administrative inspection is not 23,951
necessary for evidentiary purposes and is not contraband, as 23,952
defined in section 2901.01 of the Revised Code, the court shall 23,954
order the immediate return of the confiscated property, provided 23,955
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 23,956
property is not grounds for dismissal of the case. The 23,957
commission likewise may order the return of confiscated property 23,958
if no criminal prosecution is pending or anticipated. 23,959
(7) Delegate to any of its agents or employees any power 23,961
of investigation that the department or division possesses with 23,962
respect to the enforcement of any of the administrative laws 23,963
relating to beer and to intoxicating liquor, provided that this 23,964
division does not authorize the department or division to 23,965
designate any agent or employee to serve as a liquor control 23,966
investigator. The employment and designation of liquor control
investigators shall be within the exclusive authority of the 23,967
director of public safety pursuant to sections 5502.13 and 23,968
5502.61 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of 23,970
this section, collect the following fees: 23,971
(a) An annual twenty-five-dollar registration fee for each 23,973
representative, registered pursuant to section 4303.25 of the 23,974
Revised Code, of a beer or intoxicating liquor manufacturer doing 23,975
business in this state; 23,976
(b) A fifty-dollar product registration fee for each new 23,978
beer or intoxicating liquor product sold in this state. The 23,979
product registration fee shall be accompanied by a copy of the 23,980
federal label and product approval for the new product. 23,981
559
(c) An annual three-hundred-dollar out-of-state supplier 23,983
consent-to-import fee from each manufacturer or supplier not 23,984
subject to division (A)(8)(e) of this section, in addition to an 23,986
initial application fee of one hundred dollars; 23,987
(d) An annual twenty-five-dollar registration fee for coil 23,989
cleaners of beer dispensing equipment doing business in this 23,990
state. 23,991
(e) An annual one-hundred-dollar out-of-state 23,993
consent-to-import fee, in addition to an initial application fee 23,994
of one hundred dollars, from any manufacturer or out-of-state 23,995
supplier that produced or shipped into this state in the 23,996
immediately preceding calendar year a total of five hundred or 23,997
fewer cases of seven-hundred-fifty milliliter equivalent of 23,998
intoxicating liquor and twelve-ounce equivalent of beer. 23,999
Each consent-to-import, representative's registration, and 24,001
coil cleaner registration issued under division (A)(8) of this 24,003
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 24,004
the year, ending on the uniform expiration date for each, which 24,005
shall be designated by the department or division, and is subject 24,006
to suspension, revocation, cancellation, or fine as authorized by 24,007
this chapter and Chapter 4303. of the Revised Code. 24,008
(9) Establish a system of electronic data interchange 24,010
within the department or division and regulate the electronic 24,011
transfer of information and funds among persons and governmental 24,013
entities engaged in the manufacture, distribution, and retail 24,014
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 24,016
implication conferred upon the department or division by this 24,017
chapter and Chapter 4303. of the Revised Code, and all powers 24,018
necessary for the exercise or discharge of any power, duty, or 24,019
function expressly conferred or imposed upon the department or 24,020
division by those chapters. 24,021
(B) The department or division may: 24,023
560
(1) Sue, but may be sued only in connection with the 24,025
execution of leases of real estate and the purchases and 24,026
contracts necessary for the operation of the state liquor stores 24,027
that are made under this chapter and Chapter 4303. of the Revised 24,028
Code; 24,029
(2) Enter into leases and contracts of all descriptions 24,031
and acquire and transfer title to personal property with regard 24,033
to the sale, distribution, and storage of spirituous liquor 24,034
within the state;
(3) Terminate at will any lease entered into pursuant to 24,036
division (B)(2) of this section upon first giving ninety days' 24,038
notice in writing to the lessor of its intention to do so; 24,039
(4) Fix the wholesale and retail prices at which the 24,041
various classes, varieties, and brands of spirituous liquor shall 24,042
be sold by the department. Those retail prices shall be the same 24,043
at all state liquor stores, except to the extent that a price 24,044
differential is required to collect a county sales tax levied 24,045
pursuant to section 5739.021 of the Revised Code and for which 24,046
tax the tax commissioner has authorized prepayment pursuant to 24,047
section 5739.05 of the Revised Code. In fixing selling prices, 24,048
the department or division shall compute an anticipated gross 24,049
profit at least sufficient to provide in each calendar year all 24,050
costs and expenses of the department or division and also an 24,051
adequate working capital reserve for the department or division. 24,052
The gross profit shall not exceed forty per cent of the retail 24,054
selling price based on costs of the department or division, and
in addition the sum required by section 4301.12 of the Revised 24,055
Code to be paid into the state treasury. An amount equal to one 24,056
and one-half per cent of that gross profit shall be paid into the 24,057
alcoholism-detoxification centers STATEWIDE TREATMENT AND 24,058
PREVENTION fund created under BY section 4301.30 of the Revised 24,060
Code and be appropriated by the general assembly from the fund to 24,061
the department of alcohol and drug addiction services as provided 24,062
in section 4301.30 of the Revised Code. 24,063
561
On spirituous liquor manufactured in Ohio from the juice of 24,065
grapes or fruits grown in Ohio, the department or division shall 24,066
compute an anticipated gross profit of not to exceed ten per 24,067
cent. The wholesale prices shall be at a discount of not less 24,068
than twelve and one-half per cent of the retail selling prices as 24,069
determined by the department or division in accordance with this 24,070
section.
(C) The department or division may approve the expansion 24,072
or diminution of a premises to which a liquor permit has been 24,074
issued and may adopt standards governing such an expansion or 24,075
diminution.
Sec. 4301.30. All fees collected by the division of liquor 24,085
control shall be deposited in the state treasury to the credit of 24,086
the undivided liquor permit fund, which is hereby created, at the 24,087
time prescribed under section 4301.12 of the Revised Code. Each 24,088
payment shall be accompanied by a statement showing separately 24,089
the amount collected for each class of permits in each municipal 24,090
corporation and in each township outside the limits of any 24,091
municipal corporation in such township. An amount equal to fifty 24,092
dollars for each fee received for a D-2 permit, which is not 24,093
placed in operation immediately upon a D-3 permit premises, and 24,094
twenty-five dollars for each fee received for a C-2 permit, shall 24,095
be paid from the undivided liquor permit fund into the general 24,096
revenue fund.
Prior to the fees received for a D-2 permit, which is not 24,098
in operation immediately upon a D-3 permit premises, and a C-2 24,099
permit being paid into the general revenue fund, an amount equal 24,100
to twenty-one per cent of the undivided liquor permit fund shall 24,101
be paid into the alcoholism-detoxification centers STATEWIDE 24,102
TREATMENT AND PREVENTION fund, which is hereby created in the 24,104
state treasury. Such THIS amount shall be appropriated by the 24,105
general assembly, together with an amount equal to one and 24,106
one-half per cent of the gross profit of the department of liquor 24,107
control derived under division (B)(4) of section 4301.10 of the 24,108
562
Revised Code, to the department of alcohol and drug addiction 24,109
services. In planning for the allocation of and in allocating 24,110
these amounts for the purposes of Chapter 3793. of the Revised 24,111
Code, the department of alcohol and drug addiction services shall 24,112
comply with the nondiscrimination provisions of Title VI of the 24,113
Civil Rights Act of 1964, and any rules adopted thereunder. 24,114
The moneys remaining in the undivided liquor permit fund 24,116
shall be distributed by the superintendent of liquor control at 24,118
quarterly calendar periods as follows: 24,119
(A) To each municipal corporation, the aggregate amount 24,121
shown by the statements to have been collected from permits 24,122
therein, for the use of the general fund of the municipal 24,123
corporation; 24,124
(B) To each township, the aggregate amount shown by the 24,126
statements to have been collected from permits in its territory, 24,127
outside the limits of any municipal corporation located therein, 24,128
for the use of the general fund of the township, or for fire 24,129
protection purposes, including buildings and equipment in the 24,130
township or in an established fire district within the township, 24,131
to the extent that the funds are derived from liquor permits 24,132
within the territory comprising such fire district. 24,133
For the purpose of the distribution required by this 24,135
section, E, H, and D permits covering boats or vessels are deemed 24,136
to have been issued in the municipal corporation or township 24,137
wherein the owner or operator of the vehicle, boat, vessel, or 24,138
dining car equipment to which the permit relates has the owner's 24,139
or operator's principal office or place of business within the 24,141
state.
Such distributions are subject to diminutions for refunds 24,143
as prescribed in section 4301.41 of the Revised Code. If the 24,144
liquor control commission is of the opinion that the police or 24,145
other officers of any municipal corporation or township entitled 24,146
to share in such distribution are refusing or culpably neglecting 24,147
to enforce this chapter and Chapter 4303. of the Revised Code, or 24,148
563
the penal laws of this state relating to the manufacture, 24,149
importation, transportation, distribution, and sale of beer and 24,150
intoxicating liquors, or if the prosecuting officer of a 24,151
municipal corporation or the municipal court thereof fails to 24,152
comply with the request of the commission authorized by division 24,153
(A)(4) of section 4301.10 of the Revised Code, the commission 24,154
may, by certified mail, MAY notify the chief executive officer of 24,156
the municipal corporation or the board of township trustees of 24,157
the township of such failure and require the immediate 24,158
cooperation of the responsible officers of the municipal 24,159
corporation or township with the division of liquor control in 24,160
the enforcement of such chapters and such penal laws. Within 24,162
thirty days after the notice is served, the commission shall 24,163
determine whether or not the requirement has been complied with. 24,164
If the commission determines that the requirement has not been 24,165
complied with, it may issue an order to the superintendent to 24,167
withhold the distributive share of the municipal corporation or 24,168
township until further order of the commission. This action of 24,169
the commission is reviewable within thirty days thereafter in the 24,170
court of common pleas of Franklin county. 24,171
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 24,180
4301.50 of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 24,183
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 24,185
distribution, and, except with respect to A-4 permit holders, 24,186
offer for sale. 24,187
(B) For the purposes of providing revenues for the support 24,190
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, 24,191
except for known sacramental purposes, at the rate of thirty 24,192
cents per wine gallon for wine containing not less than four per 24,193
cent of alcohol by volume and not more than fourteen per cent of 24,194
alcohol by volume, ninety-eight cents per wine gallon for wine 24,195
564
containing more than fourteen per cent but not more than 24,196
twenty-one per cent of alcohol by volume, one dollar and eight 24,197
cents per wine gallon for vermouth, and one dollar and 24,198
forty-eight cents per wine gallon for sparkling and carbonated 24,199
wine and champagne, the tax to be paid by the holders of A-2 and 24,200
B-5 permits or by any other person selling or distributing wine 24,201
upon which no tax has been paid. From the tax paid under this 24,203
section on wine, vermouth, and sparkling and carbonated wine and 24,204
champagne, the treasurer of state shall credit to the Ohio grape 24,205
industries fund created under section 924.54 of the Revised Code 24,206
a sum equal to one cent per gallon for each gallon upon which the 24,207
tax is paid.
(C) For the purpose of providing revenues for the support 24,209
of the state, there is hereby levied a tax on prepared and 24,210
bottled highballs, cocktails, cordials, and other mixed beverages 24,211
at the rate of one dollar and twenty cents per wine gallon to be 24,212
paid by holders of A-4 permits or by any other person selling or 24,213
distributing those products upon which no tax has been paid. 24,214
Only one sale of the same article shall be used in computing the 24,215
amount of tax due. The tax on mixed beverages to be paid by 24,216
holders of A-4 permits under this section shall not attach until 24,217
the ownership of the mixed beverage is transferred for valuable 24,218
consideration to a wholesaler or retailer, and no payment of the 24,219
tax shall be required prior to that time. 24,220
(D) During the period from June 30, 1995, until July 1, 24,223
1999 2001, from the tax paid under this section on wine, 24,224
vermouth, and sparkling and carbonated wine and champagne, the
treasurer of state shall credit to the Ohio grape industries fund 24,226
created under section 924.54 of the Revised Code a sum equal to 24,227
two cents per gallon upon which the tax is paid. The amount 24,228
credited under this division is in addition to the amount 24,229
credited to the Ohio grape industries fund under division (B) of
this section. 24,230
(E) For the purpose of providing revenues for the support 24,232
565
of the state, there is hereby levied a tax on cider at the rate 24,234
of twenty-four cents per wine gallon to be paid by the holders of 24,235
A-2 and B-5 permits or by any other person selling or 24,236
distributing cider upon which no tax has been paid. Only one 24,237
sale of the same article shall be used in computing the amount of 24,238
the tax due.
Sec. 4301.62. (A) As used in this section: 24,247
(1) "Chauffeured limousine" means a vehicle registered 24,250
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 24,252
meanings as in section 4511.01 of the Revised Code. 24,253
(B) No person shall have in the person's possession an 24,255
opened container of beer or intoxicating liquor in any of the 24,256
following circumstances: 24,257
(1) In a state liquor store; 24,259
(2) Except as provided in division (C) of this section, on 24,262
the premises of the holder of any permit issued by the division 24,263
of liquor control;
(3) In any other public place; 24,265
(4) Except as provided in division (D) of this section, 24,267
while operating or being a passenger in or on a motor vehicle on 24,269
any street, highway, or other public or private property open to 24,270
the public for purposes of vehicular travel or parking; 24,271
(5) Except as provided in division (D) of this section, 24,273
while being in or on a stationary motor vehicle on any street, 24,274
highway, or other public or private property open to the public 24,275
for purposes of vehicular travel or parking.
(C) A person may have in the person's possession an opened 24,278
container of beer or intoxicating liquor that has been lawfully 24,279
purchased for consumption on the premises where bought of a 24,280
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, 24,281
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-7, 24,282
E, F, or F-2 permit, or beer or intoxicating liquor consumed on 24,284
the premises of a convention facility as provided in section 24,285
566
4303.201 of the Revised Code.
A person may have in the person's possession on an F liquor 24,288
permit premises an opened container of beer or intoxicating 24,289
liquor that was not purchased from the holder of the F permit if 24,291
the premises for which the F permit is issued is a music festival 24,293
and the holder of the F permit grants permission for such 24,295
possession on the premises during the period for which the F 24,296
permit is issued. As used in this division, "music festival" 24,297
means a series of outdoor live musical performances, extending 24,298
for a period of at least three consecutive days and located on an 24,299
area of land of at least forty acres. 24,300
(D) This section does not apply to a person who pays all 24,302
or a portion of the fee imposed for the use of a chauffeured 24,304
limousine pursuant to a prearranged contract, or the guest of
such a THE person, when all of the following apply: 24,306
(1) The person or guest is a passenger in the limousine;. 24,308
(2) The person or guest is located in the limousine, but is 24,310
not occupying a seat in the front compartment of the limousine 24,311
where the operator of the limousine is located;. 24,312
(3) The limousine is located on any street, highway, or 24,314
other public or private property open to the public for purposes 24,315
of vehicular travel or parking. 24,316
Sec. 4303.06. Permit B-1 may be issued to a wholesale 24,325
distributor of beer to purchase from the holders of A-1 permits 24,326
and to import and distribute or sell beer, ale, lager, stout, and 24,327
other malt liquors containing not more than six per cent of 24,328
alcohol by weight for home use TO QUALIFIED PERSONS and to retail 24,329
permit holders under such rules as are adopted by the division of 24,330
liquor control. The fee for this permit is two thousand five 24,332
hundred dollars for each distributing plant or warehouse during 24,333
the year covered by the permit. AS USED IN THIS SECTION, 24,334
"QUALIFIED PERSONS" MEANS PERSONS WHO ARE AT LEAST TWENTY-ONE
YEARS OF AGE AND WHO ARE NOT INTOXICATED. 24,335
Sec. 4303.07. Permit B-2 may be issued to a wholesale 24,344
567
distributor of wine to purchase from holders of A-2 and B-5 24,345
permits and distribute or sell such product, in the original 24,346
container in which it was placed by the B-5 permit holder or 24,347
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, 24,348
D-5h, D-5i, D-5j, and E permit holders, and for home use. The 24,351
fee for this permit is two hundred fifty dollars for each 24,352
distributing plant or warehouse. The initial fee shall be 24,353
increased ten cents per wine barrel of fifty gallons for all wine
distributed and sold in this state in excess of twelve hundred 24,354
fifty such barrels during the year covered by the permit. 24,355
Sec. 4303.10. Permit B-5 may be issued to a wholesale 24,365
distributor of wine to purchase wine from the holders of A-2 24,366
permits, to purchase and import wine in bond or otherwise, in 24,367
bulk or in containers of any size, and to bottle wine for 24,368
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, 24,369
D-5g, D-5h, D-5i, D-5j, and E permits and for home use in sealed 24,371
containers. No wine shall be bottled by a B-5 permit holder in 24,372
containers supplied by any person who intends the wine for home 24,373
use. The fee for this permit is one thousand two hundred fifty
dollars. 24,374
Sec. 4303.181. (A) Permit D-5a may be issued either to 24,385
the owner or operator of a hotel or motel required to be licensed 24,386
under section 3731.03 of the Revised Code containing at least 24,387
fifty rooms for registered transient guests, and which qualifies 24,388
under the other requirements of this section, or to the owner or 24,389
operator of a restaurant specified under this section to sell 24,390
beer and any intoxicating liquor at retail, only by the 24,391
individual drink in glass and from the container, for consumption 24,392
on the premises where sold, and to registered guests in their 24,393
rooms, which may be sold by means of a controlled access alcohol 24,394
and beverage cabinet in accordance with division (B) of section 24,395
4301.21 of the Revised Code; and to sell the same products in the 24,396
568
same manner and amounts not for consumption on the premises as 24,397
may be sold by holders of D-1 and D-2 permits. The premises of 24,398
the hotel or motel shall include a restaurant licensed pursuant 24,399
to section 3732.03 of the Revised Code affiliated with the hotel 24,400
or motel and within or contiguous to the hotel or motel, serving 24,401
food within the hotel or motel, but the principal business of the 24,402
owner or operator of the hotel or motel shall be the 24,403
accommodation of transient guests. In addition to the privileges 24,404
authorized herein IN THIS DIVISION, the holder of a D-5a permit 24,406
may exercise the same privileges as the holder of a D-5 permit. 24,407
The owner or operator of a hotel, motel, or restaurant who 24,409
qualified for and held a D-5a permit on August 4, 1976, may, if 24,411
the owner or operator held another permit before holding a D-5a 24,412
permit, either retain a D-5a permit or apply for the permit 24,413
formerly held, and the division of liquor control shall issue the 24,414
permit for which the owner or operator applies and formerly held, 24,415
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 24,418
No quota restriction shall be placed on the number of such 24,419
permits which may be issued.
The fee for this permit is one thousand eight hundred 24,422
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 24,425
tenant, lessee, or occupant of an enclosed shopping center to 24,426
sell beer and intoxicating liquor at retail, only by the 24,427
individual drink in glass and from the container, for consumption 24,428
on the premises where sold; and to sell the same products in the 24,429
same manner and amount not for consumption on the premises as may 24,430
be sold by holders of D-1 and D-2 permits. In addition to the 24,431
privileges authorized in this section DIVISION, the holder of a 24,433
D-5b permit may exercise the same privileges as a holder of a D-5 24,434
permit.
A D-5b permit shall not be transferred to another location. 24,437
One D-5b permit may be issued at an enclosed shopping 24,440
569
center containing at least two hundred twenty-five thousand, but 24,441
less than four hundred thousand, square feet of floor area. 24,442
Two D-5b permits may be issued at an enclosed shopping 24,445
center containing at least four hundred thousand square feet of 24,446
floor area. No more than one D-5b permit may be issued at an 24,447
enclosed shopping center for each additional two hundred thousand 24,448
square feet of floor area or fraction thereof, up to a maximum of 24,449
five D-5b permits for each enclosed shopping center. The number 24,450
of D-5b permits that may be issued at an enclosed shopping center 24,451
shall be determined by subtracting the number of D-3 and D-5 24,452
permits issued in the enclosed shopping center from the number of 24,453
D-5b permits that otherwise may be issued at the enclosed 24,454
shopping center under the formulas provided in this division. 24,455
Except as provided in this section, no quota shall be placed on 24,456
the number of D-5b permits that may be issued. Notwithstanding 24,457
any quota provided in this section, the holder of any D-5b permit 24,458
first issued in accordance with this section is entitled to its 24,459
renewal in accordance with section 4303.271 of the Revised Code. 24,460
The holder of a D-5b permit issued before April 4, 1984, 24,463
whose tenancy is terminated for a cause other than nonpayment of 24,464
rent, may return the D-5b permit to the division of liquor 24,466
control, and the division shall cancel that permit. Upon 24,468
cancellation of that permit and upon the permit holder's payment 24,469
of taxes, contributions, premiums, assessments, and other debts 24,470
owing or accrued upon the date of cancellation to this state and 24,471
its political subdivisions and a filing with the division of a 24,472
certification thereof, the division shall issue to that person 24,474
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 24,476
person requests. The division shall issue the D-5 permit, or the 24,478
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 24,479
or D-5 permits currently issued in the municipal corporation or 24,480
in the unincorporated area of the township where that person's 24,481
proposed premises is located equals or exceeds the maximum number 24,482
of such permits that can be issued in that municipal corporation 24,483
570
or in the unincorporated area of that township under the 24,484
population quota restrictions contained in section 4303.29 of the 24,485
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 24,486
shall not be transferred to another location. If a D-5b permit 24,487
is canceled under the provisions of this paragraph, the number of 24,488
D-5b permits that may be issued at the enclosed shopping center 24,489
for which the D-5b permit was issued, under the formula provided 24,490
in this division, shall be reduced by one if the enclosed 24,491
shopping center was entitled to more than one D-5b permit under 24,492
the formula. 24,493
The fee for this permit is one thousand eight hundred 24,496
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 24,499
operator of a restaurant licensed pursuant to section 3732.03 of 24,500
the Revised Code, and which qualifies under the other 24,501
requirements of this section to sell beer and any intoxicating 24,502
liquor at retail, only by the individual drink in glass and from 24,503
the container, for consumption on the premises where sold, and to 24,504
sell the same products in the same manner and amounts not for 24,505
consumption on the premises as may be sold by holders of D-1 and 24,506
D-2 permits. In addition to the privileges authorized herein IN 24,507
THIS DIVISION, the holder of a D-5c permit may exercise the same 24,509
privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 24,512
restaurant licensed pursuant to section 3732.03 of the Revised 24,513
Code shall have operated the restaurant at the proposed premises 24,515
for not less than twenty-four consecutive months immediately 24,516
preceding the filing of an application therefor FOR THE PERMIT, 24,517
have applied for a D-5 permit no later than December 31, 1988, 24,519
and appear on the division's quota waiting list for not less than 24,521
six months immediately preceding the filing of an application 24,522
therefor FOR THE PERMIT. In addition to these requirements, the 24,524
proposed D-5c permit premises shall be located within a municipal 24,525
corporation and further within an election precinct which, at the 24,527
571
time of the applications, has no more than twenty-five per cent 24,528
of its total land area zoned for residential use. 24,529
A D-5c permit shall not be transferred to another location. 24,532
No quota restriction shall be placed on the number of such 24,533
permits which may be issued.
Any person who has held a D-5c permit for at least two 24,536
years may apply for a D-5 permit, and the division of liquor 24,537
control shall issue the D-5 permit notwithstanding the quota 24,538
restrictions contained in section 4303.29 of the Revised Code or 24,539
in any rule of the liquor control commission. 24,540
The fee for this permit is one thousand two hundred fifty 24,543
dollars.
(D) Permit D-5d may be issued to either the owner or 24,546
operator of a restaurant that is licensed pursuant to section 24,547
3732.03 of the Revised Code and located at an airport operated by 24,548
a board of county commissioners pursuant to section 307.20 of the 24,549
Revised Code or at an airport operated by a regional airport 24,550
authority pursuant to Chapter 308. of the Revised Code. Not more 24,551
than one D-5d permit shall be issued in each county. The holder 24,552
of a D-5d permit may sell beer and any intoxicating liquor at 24,553
retail, only by the individual drink in glass and from the 24,554
container, for consumption on the premises where sold, and may 24,555
sell the same products in the same manner and amounts not for 24,556
consumption on the premises where sold as may be sold by the 24,557
holders of D-1 and D-2 permits. In addition to the privileges 24,558
authorized in this division, the holder of a D-5d permit may 24,559
exercise the same privileges as the holder of a D-5 permit. 24,560
A D-5d permit shall not be transferred to another location. 24,563
Except as otherwise provided in this division, no quota 24,564
restrictions shall be placed on the number of such permits which 24,565
may be issued.
The fee for this permit is one thousand eight hundred 24,568
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 24,571
572
organization that is exempt from federal income taxation under 24,572
"The THE Internal Revenue Code of 1986," 100 Stat. 2085, 26 24,574
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 24,575
or operates a riverboat which meets all of the following: 24,576
(1) Is permanently docked at one location; 24,579
(2) Is designated as an historical riverboat by the Ohio 24,582
historical society;
(3) Contains not less than fifteen hundred square feet of 24,585
floor area;
(4) Has a seating capacity of fifty or more persons. 24,588
The holder of a D-5e permit may sell beer and intoxicating 24,591
liquor at retail, only by the individual drink in glass and from 24,592
the container, for consumption on the premises where sold. 24,593
A D-5e permit shall not be transferred to another location. 24,596
No quota restriction shall be placed on the number of such 24,597
permits which may be issued. The population quota restrictions 24,598
contained in section 4303.29 of the Revised Code or in any rule 24,599
of the liquor control commission shall not apply to this 24,600
division, and the division shall issue a D-5e permit to any 24,602
applicant who meets the requirements of this division. However, 24,603
the division shall not issue a D-5e permit if the permit premises 24,605
or proposed permit premises are located within an area in which 24,606
the sale of spirituous liquor by the glass is prohibited. 24,607
The fee for this permit is nine hundred seventy-five 24,610
dollars.
(F) Permit D-5f may be issued to either the owner or the 24,613
operator of a food service operation licensed under section 24,614
3732.03 of the Revised Code that meets all of the following: 24,615
(1) Contains not less than twenty-five hundred square feet 24,618
of floor area;
(2) Is located on or in, or immediately adjacent to, the 24,621
shoreline of, a navigable river;
(3) Provides docking space for twenty-five boats; 24,624
573
(4) Provides entertainment and recreation, provided that 24,627
not less than fifty per cent of the business on the permit 24,628
premises shall be preparing and serving meals for a 24,629
consideration.
In addition, each application for a D-5f permit shall be 24,632
accompanied by a certification from the local legislative 24,633
authority that the issuance of the D-5f permit is not 24,634
inconsistent with that political subdivision's comprehensive 24,635
development plan or other economic development goal as officially 24,636
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 24,639
liquor at retail, only by the individual drink in glass and from 24,640
the container, for consumption on the premises where sold. 24,641
A D-5f permit shall not be transferred to another location. 24,644
No more than fifteen D-5f permits shall be issued by the division 24,645
of liquor control, and no more than two such permits shall be 24,647
issued in any county. However, the division shall not issue a 24,648
D-5f permit if the permit premises or proposed permit premises 24,650
are located within an area in which the sale of spirituous liquor 24,651
by the glass is prohibited. 24,652
A fee for this permit is one thousand eight hundred 24,655
seventy-five dollars.
As used in this division, "navigable river" means a river 24,658
which is also a "navigable water" as that term is defined in the 24,659
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 24,660
(G) Permit D-5g may be issued to a nonprofit corporation 24,663
that is either the owner or the operator of a national 24,664
professional sports museum. The holder of a D-5g permit may sell 24,665
beer and any intoxicating liquor at retail, only by the 24,666
individual drink in glass and from the container, for consumption 24,667
on the premises where sold. The holder of a D-5g permit shall 24,668
sell no beer or intoxicating liquor for consumption on the 24,669
premises where sold after one a.m. A D-5g permit shall not be 24,670
transferred to another location. No quota restrictions shall be 24,671
574
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 24,672
(H) Permit D-5h may be issued to any nonprofit 24,674
organization that is exempt from federal income taxation under 24,675
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 24,676
501(c)(3), as amended, that owns or operates a fine arts museum 24,677
and has no less than five thousand bona fide members possessing 24,678
full membership privileges. The holder of a D-5h permit may sell 24,679
beer and any intoxicating liquor at retail, only by the 24,680
individual drink in glass and from the container, for consumption 24,681
on the premises where sold. The holder of a D-5h permit shall 24,682
sell no beer or intoxicating liquor for consumption on the 24,683
premises where sold after one a.m. A D-5h permit shall not be 24,684
transferred to another location. No quota restrictions shall be 24,685
placed on the number of D-5h permits that may be issued. The fee 24,686
for this permit is one thousand five hundred dollars. 24,687
(I) Permit D-5i may be issued to either the owner or the 24,689
operator of a food service operation licensed under section 24,690
3732.03 of the Revised Code that meets all of the following 24,691
requirements: 24,692
(1) It is located in a municipal corporation or a township 24,694
with a population of fifty thousand or less;. 24,695
(2) It has inside seating capacity for at least one 24,697
hundred forty persons;. 24,698
(3) It has at least five thousand square feet of floor 24,700
area;. 24,701
(4) It offers full-course meals, appetizers, and 24,703
sandwiches;. 24,704
(5) Its receipts from beer and liquor sales do not exceed 24,706
twenty-five per cent of its total gross receipts;. 24,707
(6) The value of its real and personal property exceeds 24,709
nine hundred twenty-five thousand dollars. 24,711
The holder of a D-5i permit shall cause an independent 24,713
audit to be performed at the end of one full year of operation 24,714
575
following issuance of the permit, in order to verify the 24,715
requirements of division (I)(5) of this section. The results of 24,716
the independent audit shall be transmitted to the division. Upon 24,718
determining that the receipts of the holder from beer and liquor 24,719
sales exceeded twenty-five per cent of its total gross receipts, 24,720
the division shall suspend the permit of the permit holder under 24,722
section 4301.25 of the Revised Code and may allow the permit 24,723
holder to elect a forfeiture under section 4301.252 of the 24,724
Revised Code.
The holder of a D-5i permit may sell beer and any 24,726
intoxicating liquor at retail, only by the individual drink in 24,727
glass and from the container, for consumption on the premises 24,728
where sold, and may sell the same products in the same manner and 24,729
amounts not for consumption on the premises where sold as may be 24,730
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 24,731
permit shall sell no beer or intoxicating liquor for consumption 24,732
on the premises where sold after two-thirty a.m. In addition to 24,733
the privileges authorized in THIS division (I) of this section, 24,734
the holder of a D-5i permit may exercise the same privileges as 24,736
the holder of a D-5 permit. 24,737
A D-5i permit shall not be transferred to another location. 24,739
The division of liquor control shall not renew a D-5i permit 24,741
unless the food service operation for which it is issued 24,742
continues to meet the requirements described in divisions (I)(1) 24,743
to (6) of this section. No quota restrictions shall be placed on 24,744
the number of D-5i permits that may be issued. The fee for this 24,745
permit is one thousand eight hundred seventy-five dollars. 24,746
(J)(1) PERMIT D-5j MAY BE ISSUED TO EITHER THE OWNER OR 24,749
THE OPERATOR OF A FOOD SERVICE OPERATION LICENSED UNDER SECTION 24,750
3732.03 OF THE REVISED CODE TO SELL BEER AND INTOXICATING LIQUOR 24,751
AT RETAIL, ONLY BY THE INDIVIDUAL DRINK IN GLASS AND FROM THE 24,752
CONTAINER, FOR CONSUMPTION ON THE PREMISES WHERE SOLD AND TO SELL 24,754
BEER AND INTOXICATING LIQUOR IN THE SAME MANNER AND AMOUNTS NOT
FOR CONSUMPTION ON THE PREMISES WHERE SOLD AS MAY BE SOLD BY THE 24,756
576
HOLDERS OF D-1 AND D-2 PERMITS. THE HOLDER OF A D-5j PERMIT MAY 24,758
EXERCISE THE SAME PRIVILEGES, AND SHALL OBSERVE THE SAME HOURS OF 24,760
OPERATION, AS THE HOLDER OF A D-5 PERMIT. 24,761
(2) THE D-5j PERMIT SHALL BE ISSUED ONLY WITHIN A 24,763
COMMUNITY ENTERTAINMENT DISTRICT THAT IS DESIGNATED UNDER SECTION 24,765
4301.80 OF THE REVISED CODE AND THAT IS LOCATED IN A MUNICIPAL 24,767
CORPORATION WITH A POPULATION OF AT LEAST ONE HUNDRED THOUSAND. 24,768
(3) THE LOCATION OF A D-5j PERMIT MAY BE TRANSFERRED ONLY 24,771
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE COMMUNITY ENTERTAINMENT 24,772
DISTRICT IN WHICH IT WAS ISSUED AND SHALL NOT BE TRANSFERRED 24,773
OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THAT DISTRICT. 24,774
(4) NOT MORE THAN ONE D-5j PERMIT SHALL BE ISSUED WITHIN 24,777
EACH COMMUNITY ENTERTAINMENT DISTRICT FOR EACH FIVE ACRES OF LAND 24,778
LOCATED WITHIN THE DISTRICT. NOT MORE THAN FIFTEEN D-5j PERMITS 24,780
MAY BE ISSUED WITHIN A SINGLE COMMUNITY ENTERTAINMENT DISTRICT. 24,781
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (J)(4) OF THIS SECTION, 24,782
NO QUOTA RESTRICTIONS SHALL BE PLACED UPON THE NUMBER OF D-5j 24,784
PERMITS THAT MAY BE ISSUED.
(5) THE FEE FOR A D-5j PERMIT IS ONE THOUSAND EIGHT 24,787
HUNDRED SEVENTY-FIVE DOLLARS.
Sec. 4303.182. Except as otherwise provided in this 24,798
section, permit D-6 shall be issued to the holder of an A-1-A, 24,799
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 24,800
D-5f, D-5g, D-5h, D-5i, D-5j, or D-7 permit to allow sale under 24,801
such permit between the hours of one p.m. and midnight on Sunday, 24,802
if such sale has been authorized under section 4301.361 of the 24,803
Revised Code and under the restrictions of such authorization. 24,804
Permit D-6 shall be issued to the holder of any permit, including 24,805
a D-4a and D-5d permit, authorizing the sale of intoxicating 24,806
liquor issued for a premises located at any publicly owned 24,807
airport, as defined in section 4563.01 of the Revised Code, at 24,808
which commercial airline companies operate regularly scheduled 24,809
flights on which space is available to the public, to allow sale 24,810
under such permit between the hours of one p.m. and midnight on 24,811
577
Sunday, whether or not such sale has been authorized under 24,812
section 4301.361 of the Revised Code. Permit D-6 shall be issued 24,813
to the holder of a D-5a permit, and to the holder of a D-3 or 24,814
D-3a permit who is the owner or operator of a hotel or motel 24,815
required to be licensed under section 3731.03 of the Revised Code 24,816
containing at least fifty rooms for registered transient guests 24,817
and which has on its premises a restaurant licensed pursuant to 24,818
section 3732.03 of the Revised Code affiliated with the hotel or 24,819
motel and within or contiguous to the hotel or motel and serving 24,820
food within the hotel or motel, to allow sale under such permit 24,821
between the hours of one p.m. and midnight on Sunday, whether or 24,822
not such sale has been authorized under section 4301.361 of the 24,823
Revised Code.
If the restriction to licensed premises where the sale of 24,826
food and other goods and services exceeds fifty per cent of the 24,827
total gross receipts of the permit holder at the premises is 24,828
applicable, the division of liquor control may accept an 24,829
affidavit from the permit holder to show the proportion of the 24,830
permit holder's gross receipts derived from the sale of food and 24,831
other goods and services. If the liquor control commission 24,832
determines such affidavit to have been false, it shall revoke the 24,833
permits of the permit holder at the premises concerned. 24,834
The fee for the D-6 permit is two hundred fifty dollars 24,837
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 24,838
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 24,839
D-5i, D-5j, or D-7 permit. The fee for the D-6 permit is two 24,840
hundred dollars when it is issued to the holder of a C-2 permit. 24,841
Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, 24,852
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 24,853
or D-6 permit shall be exercised at not more than two fixed 24,854
counters, commonly known as bars, in rooms or places on the 24,855
permit premises, where malt beverages, mixed beverages, wine, or 24,856
spirituous liquor is sold to the public for consumption on the 24,857
premises. For each additional fixed counter on the permit 24,858
578
premises where those beverages are sold for consumption on the 24,859
premises, the permit holder shall obtain a duplicate D-2, D-3, 24,860
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, 24,861
D-5j, or D-6 permit.
The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, 24,864
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6 permit shall be 24,866
granted, upon application to the division of liquor control, a 24,867
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, 24,868
D-5g, D-5h, D-5i, D-5j, or D-6 permit for each additional fixed 24,869
counter on the permit premises at which beer, malt beverages, 24,870
mixed beverages, wine, or spirituous liquor is sold for 24,871
consumption on the premises, provided such THE application is 24,873
made in the same manner as an application for an original permit. 24,874
Such THE application shall be identified with DUPLICATE printed 24,876
on the permit application form furnished by the department, in 24,877
boldface type. Such THE application shall identify by name, or 24,879
otherwise amply describe, the room or place on the premises where 24,880
such THE duplicate permit is to be operative. Each duplicate 24,882
permit shall be issued only to the same individual, firm, or 24,883
corporation as that of the original permit and shall be an exact 24,884
duplicate in size and word content as the original permit, except 24,885
that it shall show thereon ON IT the name or other ample 24,886
identification of the room, or place, for which IT IS issued and 24,887
shall have DUPLICATE printed thereon ON IT in boldface type. 24,888
Such a A duplicate permit shall bear the same number as that of 24,890
the original permit. The fee for such A duplicate permit is: 24,891
D-1, one hundred dollars; D-2, one hundred dollars; D-3, four 24,893
hundred dollars; D-3a, four hundred dollars; D-4, two hundred 24,894
dollars; D-5, one thousand dollars; D-5a, one thousand dollars; 24,895
D-5b, one thousand dollars; D-5c, four hundred dollars; D-5e, six 24,896
hundred fifty dollars; D-5f, one thousand dollars; D-6, one 24,897
hundred dollars when issued to the holder of a D-4a permit,; and 24,898
in all other cases one hundred dollars or an amount which is 24,899
twenty per cent of the fees payable for the A-1-A, D-2, D-3, 24,900
579
D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 24,901
and D-6 permits issued to the same premises, whichever is higher. 24,903
Application for a duplicate permit may be filed any time during 24,904
the life of an original permit. The fee for each duplicate D-2, 24,905
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, 24,906
D-5i, D-5j, or D-6 permit shall accompany the application for 24,907
each such duplicate permit. 24,908
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, 24,918
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 24,919
D-5g, D-5h, D-5i, D-5j, or F permits shall purchase any beer or 24,920
malt beverage subject to the tax imposed by sections 4301.42 and 24,922
4305.01 of the Revised Code or any wine or mixed beverage subject 24,923
to the tax imposed by section 4301.43 of the Revised Code for 24,924
resale, except from holders of A or B permits. 24,925
No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 24,927
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, or D-5i, OR D-5j permits 24,929
shall purchase spirituous liquor for resale except from the 24,930
division of liquor control, unless with the special consent of 24,931
the division under such particular regulations and markup 24,932
provisions as prescribed by the superintendent of liquor control. 24,933
Sec. 4399.12. No provision contained in Title XLIII of the 24,943
Revised Code that prohibits the sale of intoxicating liquors in 24,944
any of the circumstances described in section 4399.11 of the 24,945
Revised Code extends to or prevents the holder of an A, B, C-2, 24,946
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, 24,947
D-5h, D-5i, D-5j, G, or I permit issued by the division of liquor 24,949
control from distributing or selling intoxicating liquor at the
place of business described in the permit of the holder. 24,950
Sec. 4511.191. (A) Any person who operates a vehicle upon 24,959
a highway or any public or private property used by the public 24,960
for vehicular travel or parking within this state shall be deemed 24,961
to have given consent to a chemical test or tests of the person's 24,963
blood, breath, or urine for the purpose of determining the 24,964
alcohol, drug, or alcohol and drug content of the person's blood, 24,965
580
breath, or urine if arrested for operating a vehicle while under 24,967
the influence of alcohol, a drug of abuse, or alcohol and a drug 24,968
of abuse or for operating a vehicle with a prohibited 24,969
concentration of alcohol in the blood, breath, or urine. The 24,970
chemical test or tests shall be administered at the request of a 24,971
police officer having reasonable grounds to believe the person to 24,972
have been operating a vehicle upon a highway or any public or 24,973
private property used by the public for vehicular travel or 24,974
parking in this state while under the influence of alcohol, a 24,975
drug of abuse, or alcohol and a drug of abuse or with a 24,976
prohibited concentration of alcohol in the blood, breath, or 24,977
urine. The law enforcement agency by which the officer is 24,978
employed shall designate which of the tests shall be
administered. 24,979
(B) Any person who is dead or unconscious, or who is 24,981
otherwise in a condition rendering the person incapable of 24,982
refusal, shall be deemed not to have withdrawn consent as 24,984
provided by division (A) of this section and the test or tests 24,985
may be administered, subject to sections 313.12 to 313.16 of the 24,986
Revised Code. 24,987
(C)(1) Any person under arrest for operating a vehicle 24,989
while under the influence of alcohol, a drug of abuse, or alcohol 24,990
and a drug of abuse or for operating a vehicle with a prohibited 24,991
concentration of alcohol in the blood, breath, or urine shall be 24,992
advised at a police station, or at a hospital, first-aid station, 24,993
or clinic to which the person has been taken for first-aid or 24,994
medical treatment, of both of the following: 24,995
(a) The consequences, as specified in division (E) of this 24,997
section, of the person's refusal to submit upon request to a 24,998
chemical test designated by the law enforcement agency as 25,000
provided in division (A) of this section; 25,001
(b) The consequences, as specified in division (F) of this 25,003
section, of the person's submission to the designated chemical 25,005
test if the person is found to have a prohibited concentration of 25,006
581
alcohol in the blood, breath, or urine. 25,007
(2)(a) The advice given pursuant to division (C)(1) of 25,009
this section shall be in a written form containing the 25,010
information described in division (C)(2)(b) of this section and 25,011
shall be read to the person. The form shall contain a statement 25,012
that the form was shown to the person under arrest and read to 25,013
the person in the presence of the arresting officer and either 25,015
another police officer, a civilian police employee, or an 25,016
employee of a hospital, first-aid station, or clinic, if any, to 25,017
which the person has been taken for first-aid or medical 25,018
treatment. The witnesses shall certify to this fact by signing 25,019
the form.
(b) The form required by division (C)(2)(a) of this 25,021
section shall read as follows: 25,022
"You now are under arrest for operating a vehicle while 25,024
under the influence of alcohol, a drug of abuse, or both alcohol 25,025
and a drug of abuse and will be requested by a police officer to 25,026
submit to a chemical test to determine the concentration of 25,027
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 25,028
blood, breath, or urine. 25,029
If you refuse to submit to the requested test or if you 25,031
submit to the requested test and are found to have a prohibited 25,032
concentration of alcohol in your blood, breath, or urine, your 25,033
driver's or commercial driver's license or permit or nonresident 25,034
operating privilege immediately will be suspended for the period 25,035
of time specified by law by the officer, on behalf of the 25,036
registrar of motor vehicles. You may appeal this suspension at 25,037
your initial appearance before the court that hears the charges 25,038
against you resulting from the arrest, and your initial 25,039
appearance will be conducted no later than five days after the 25,040
arrest. This suspension is independent of the penalties for the 25,041
offense, and you may be subject to other penalties upon 25,042
conviction." 25,043
(D)(1) If a person under arrest as described in division 25,045
582
(C)(1) of this section is not asked by a police officer to submit 25,046
to a chemical test designated as provided in division (A) of this 25,047
section, the arresting officer shall seize the Ohio or 25,048
out-of-state driver's or commercial driver's license or permit of 25,049
the person and immediately forward the seized license or permit 25,050
to the court in which the arrested person is to appear on the 25,051
charge for which the person was arrested. If the arrested person 25,052
does not have the person's driver's or commercial driver's 25,053
license or permit on the person's self or in the person's 25,054
vehicle, the arresting officer shall order the arrested person to 25,056
surrender it to the law enforcement agency that employs the 25,058
officer within twenty-four hours after the arrest, and, upon the 25,059
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 25,061
person is to appear on the charge for which the person was 25,062
arrested. Upon receipt of the license or permit, the court shall 25,064
retain it pending the initial appearance of the arrested person 25,065
and any action taken under section 4511.196 of the Revised Code. 25,066
If a person under arrest as described in division (C)(1) of 25,068
this section is asked by a police officer to submit to a chemical 25,069
test designated as provided in division (A) of this section and 25,070
is advised of the consequences of the person's refusal or 25,071
submission as provided in division (C) of this section and if the 25,072
person either refuses to submit to the designated chemical test 25,073
or the person submits to the designated chemical test and the 25,074
test results indicate that the person's blood contained a 25,075
concentration of ten-hundredths of one per cent or more by weight 25,076
of alcohol, the person's breath contained a concentration of 25,077
ten-hundredths of one gram or more by weight of alcohol per two 25,078
hundred ten liters of the person's breath, or the person's urine 25,079
contained a concentration of fourteen-hundredths of one gram or 25,081
more by weight of alcohol per one hundred milliliters of the 25,082
person's urine at the time of the alleged offense, the arresting 25,084
officer shall do all of the following:
583
(a) On behalf of the registrar, serve a notice of 25,086
suspension upon the person that advises the person that, 25,087
independent of any penalties or sanctions imposed upon the person 25,089
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 25,091
license or permit or nonresident operating privilege is 25,092
suspended, that the suspension takes effect immediately, that the 25,093
suspension will last at least until the person's initial 25,094
appearance on the charge that will be held within five days after 25,096
the date of the person's arrest or the issuance of a citation to 25,098
the person, and that the person may appeal the suspension at the 25,100
initial appearance; seize the Ohio or out-of-state driver's or 25,101
commercial driver's license or permit of the person; and 25,102
immediately forward the seized license or permit to the 25,103
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 25,104
self or in the person's vehicle, the arresting officer shall 25,106
order the person to surrender it to the law enforcement agency 25,107
that employs the officer within twenty-four hours after the 25,108
service of the notice of suspension, and, upon the surrender, the 25,109
officer's employing agency immediately shall forward the license 25,110
or permit to the registrar. 25,111
(b) Verify the current residence of the person and, if it 25,113
differs from that on the person's driver's or commercial driver's 25,114
license or permit, notify the registrar of the change; 25,115
(c) In addition to forwarding the arrested person's 25,117
driver's or commercial driver's license or permit to the 25,118
registrar, send to the registrar, within forty-eight hours after 25,119
the arrest of the person, a sworn report that includes all of the 25,120
following statements: 25,121
(i) That the officer had reasonable grounds to believe 25,123
that, at the time of the arrest, the arrested person was 25,124
operating a vehicle upon a highway or public or private property 25,125
used by the public for vehicular travel or parking within this 25,126
584
state while under the influence of alcohol, a drug of abuse, or 25,127
alcohol and a drug of abuse or with a prohibited concentration of 25,128
alcohol in the blood, breath, or urine; 25,129
(ii) That the person was arrested and charged with 25,131
operating a vehicle while under the influence of alcohol, a drug 25,132
of abuse, or alcohol and a drug of abuse or with operating a 25,133
vehicle with a prohibited concentration of alcohol in the blood, 25,134
breath, or urine; 25,135
(iii) That the officer asked the person to take the 25,137
designated chemical test, advised the person of the consequences 25,138
of submitting to the chemical test or refusing to take the 25,139
chemical test, and gave the person the form described in division 25,140
(C)(2) of this section; 25,141
(iv) That the person refused to submit to the chemical 25,143
test or that the person submitted to the chemical test and the 25,144
test results indicate that the person's blood contained a 25,145
concentration of ten-hundredths of one per cent or more by weight 25,147
of alcohol, the person's breath contained a concentration of 25,148
ten-hundredths of one gram or more by weight of alcohol per two 25,149
hundred ten liters of the person's breath, or the person's urine 25,150
contained a concentration of fourteen-hundredths of one gram or 25,152
more by weight of alcohol per one hundred milliliters of the 25,153
person's urine at the time of the alleged offense; 25,155
(v) That the officer served a notice of suspension upon 25,157
the person as described in division (D)(1)(a) of this section. 25,158
(2) The sworn report of an arresting officer completed 25,160
under division (D)(1)(c) of this section shall be given by the 25,161
officer to the arrested person at the time of the arrest or sent 25,162
to the person by regular first class mail by the registrar as 25,163
soon thereafter as possible, but no later than fourteen days 25,164
after receipt of the report. An arresting officer may give an 25,165
unsworn report to the arrested person at the time of the arrest 25,166
provided the report is complete when given to the arrested person 25,167
and subsequently is sworn to by the arresting officer. As soon 25,168
585
as possible, but no later than forty-eight hours after the arrest 25,169
of the person, the arresting officer shall send a copy of the 25,170
sworn report to the court in which the arrested person is to 25,171
appear on the charge for which the person was arrested. 25,172
(3) The sworn report of an arresting officer completed and 25,174
sent to the registrar and the court under divisions (D)(1)(c) and 25,175
(D)(2) of this section is prima-facie proof of the information 25,176
and statements that it contains and shall be admitted and 25,177
considered as prima-facie proof of the information and statements 25,178
that it contains in any appeal under division (H) of this section 25,179
relative to any suspension of a person's driver's or commercial 25,180
driver's license or permit or nonresident operating privilege 25,181
that results from the arrest covered by the report. 25,182
(E)(1) Upon receipt of the sworn report of an arresting 25,184
officer completed and sent to the registrar and a court pursuant 25,185
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 25,186
person who refused to take the designated chemical test, the 25,187
registrar shall enter into the registrar's records the fact that 25,189
the person's driver's or commercial driver's license or permit or 25,190
nonresident operating privilege was suspended by the arresting 25,191
officer under division (D)(1)(a) of this section and the period 25,192
of the suspension, as determined under divisions (E)(1)(a) to (d) 25,193
of this section. The suspension shall be subject to appeal as 25,194
provided in this section and shall be for whichever of the 25,195
following periods applies: 25,196
(a) If the arrested person, within five years of the date 25,198
on which the person refused the request to consent to the 25,199
chemical test, had not refused a previous request to consent to a 25,201
chemical test of the person's blood, breath, or urine to 25,202
determine its alcohol content, the period of suspension shall be 25,204
one year. If the person is a resident without a license or 25,205
permit to operate a vehicle within this state, the registrar 25,206
shall deny to the person the issuance of a driver's or commercial 25,207
driver's license or permit for a period of one year after the 25,208
586
date of the alleged violation.
(b) If the arrested person, within five years of the date 25,210
on which the person refused the request to consent to the 25,211
chemical test, had refused one previous request to consent to a 25,213
chemical test of the person's blood, breath, or urine to 25,214
determine its alcohol content, the period of suspension or denial 25,216
shall be two years.
(c) If the arrested person, within five years of the date 25,218
on which the person refused the request to consent to the 25,219
chemical test, had refused two previous requests to consent to a 25,221
chemical test of the person's blood, breath, or urine to 25,222
determine its alcohol content, the period of suspension or denial 25,224
shall be three years.
(d) If the arrested person, within five years of the date 25,226
on which the person refused the request to consent to the 25,227
chemical test, had refused three or more previous requests to 25,229
consent to a chemical test of the person's blood, breath, or 25,230
urine to determine its alcohol content, the period of suspension 25,232
or denial shall be five years. 25,233
(2) The suspension or denial imposed under division (E)(1) 25,235
of this section shall continue for the entire one-year, two-year, 25,236
three-year, or five-year period, subject to appeal as provided in 25,237
this section and subject to termination as provided in division 25,238
(K) of this section. 25,239
(F) Upon receipt of the sworn report of an arresting 25,241
officer completed and sent to the registrar and a court pursuant 25,242
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 25,243
person whose test results indicate that the person's blood 25,244
contained a concentration of ten-hundredths of one per cent or 25,246
more by weight of alcohol, the person's breath contained a 25,247
concentration of ten-hundredths of one gram or more by weight of 25,248
alcohol per two hundred ten liters of the person's breath, or the 25,250
person's urine contained a concentration of fourteen-hundredths 25,251
of one gram or more by weight of alcohol per one hundred 25,252
587
milliliters of the person's urine at the time of the alleged 25,253
offense, the registrar shall enter into the registrar's records 25,254
the fact that the person's driver's or commercial driver's 25,256
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 25,257
this section and the period of the suspension, as determined 25,258
under divisions (F)(1) to (4) of this section. The suspension 25,259
shall be subject to appeal as provided in this section and shall 25,260
be for whichever of the following periods that applies: 25,261
(1) Except when division (F)(2), (3), or (4) of this 25,263
section applies and specifies a different period of suspension or 25,264
denial, the period of the suspension or denial shall be ninety 25,265
days.
(2) If the person has been convicted, within six years of 25,267
the date the test was conducted, of one violation of division (A) 25,270
or (B) of section 4511.19 of the Revised Code, a municipal 25,271
ordinance relating to operating a vehicle while under the 25,272
influence of alcohol, a drug of abuse, or alcohol and a drug of 25,273
abuse, a municipal ordinance relating to operating a vehicle with 25,274
a prohibited concentration of alcohol in the blood, breath, or 25,275
urine, section 2903.04 of the Revised Code in a case in which the 25,276
offender was subject to the sanctions described in division (D) 25,277
of that section, or section 2903.06, 2903.07, or 2903.08 of the 25,278
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 25,279
the jury or judge found that at the time of the commission of the 25,280
offense the offender was under the influence of alcohol, a drug 25,281
of abuse, or alcohol and a drug of abuse, or a statute of the 25,282
United States or of any other state or a municipal ordinance of a 25,283
municipal corporation located in any other state that is 25,284
substantially similar to division (A) or (B) of section 4511.19 25,285
of the Revised Code, the period of the suspension or denial shall 25,286
be one year.
(3) If the person has been convicted, within six years of 25,288
588
the date the test was conducted, of two violations of a statute 25,289
or ordinance described in division (F)(2) of this section, the 25,291
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 25,293
the date the test was conducted, of more than two violations of a 25,294
statute or ordinance described in division (F)(2) of this 25,295
section, the period of the suspension or denial shall be three 25,296
years. 25,297
(G)(1) A suspension of a person's driver's or commercial 25,299
driver's license or permit or nonresident operating privilege 25,300
under division (D)(1)(a) of this section for the period of time 25,301
described in division (E) or (F) of this section is effective 25,302
immediately from the time at which the arresting officer serves 25,303
the notice of suspension upon the arrested person. Any 25,304
subsequent finding that the person is not guilty of the charge 25,305
that resulted in the person being requested to take, or in the 25,307
person taking, the chemical test or tests under division (A) of 25,308
this section affects the suspension only as described in division 25,309
(H)(2) of this section. 25,310
(2) If a person is arrested for operating a vehicle while 25,312
under the influence of alcohol, a drug of abuse, or alcohol and a 25,313
drug of abuse or for operating a vehicle with a prohibited 25,314
concentration of alcohol in the blood, breath, or urine and 25,315
regardless of whether the person's driver's or commercial 25,316
driver's license or permit or nonresident operating privilege is 25,317
or is not suspended under division (E) or (F) of this section, 25,318
the person's initial appearance on the charge resulting from the 25,319
arrest shall be held within five days of the person's arrest or 25,320
the issuance of the citation to the person, subject to any 25,321
continuance granted by the court pursuant to division (H)(1) of 25,323
this section regarding the issues specified in that division. 25,324
(H)(1) If a person is arrested for operating a vehicle 25,326
while under the influence of alcohol, a drug of abuse, or alcohol 25,327
and a drug of abuse or for operating a vehicle with a prohibited 25,328
589
concentration of alcohol in the blood, breath, or urine and if 25,329
the person's driver's or commercial driver's license or permit or 25,330
nonresident operating privilege is suspended under division (E) 25,331
or (F) of this section, the person may appeal the suspension at 25,332
the person's initial appearance on the charge resulting from the 25,335
arrest in the court in which the person will appear on that 25,336
charge. If the person appeals the suspension at the person's 25,337
initial appearance, the appeal does not stay the operation of the 25,338
suspension. Subject to division (H)(2) of this section, no court 25,339
has jurisdiction to grant a stay of a suspension imposed under 25,340
division (E) or (F) of this section, and any order issued by any 25,341
court that purports to grant a stay of any suspension imposed 25,342
under either of those divisions shall not be given administrative 25,343
effect.
If the person appeals the suspension at the person's 25,345
initial appearance, either the person or the registrar may 25,346
request a continuance of the appeal. Either the person or the 25,348
registrar shall make the request for a continuance of the appeal 25,349
at the same time as the making of the appeal. If either the 25,350
person or the registrar requests a continuance of the appeal, the 25,351
court may grant the continuance. The court also may continue the 25,352
appeal on its own motion. The granting of a continuance applies 25,353
only to the conduct of the appeal of the suspension and does not 25,354
extend the time within which the initial appearance must be 25,355
conducted, and the court shall proceed with all other aspects of 25,356
the initial appearance in accordance with its normal procedures. 25,357
Neither the request for nor the granting of a continuance stays 25,358
the operation of the suspension that is the subject of the 25,359
appeal.
If the person appeals the suspension at the person's 25,361
initial appearance, the scope of the appeal is limited to 25,362
determining whether one or more of the following conditions have 25,363
not been met: 25,364
(a) Whether the law enforcement officer had reasonable 25,366
590
ground to believe the arrested person was operating a vehicle 25,367
upon a highway or public or private property used by the public 25,368
for vehicular travel or parking within this state while under the 25,369
influence of alcohol, a drug of abuse, or alcohol and a drug of 25,370
abuse or with a prohibited concentration of alcohol in the blood, 25,371
breath, or urine and whether the arrested person was in fact 25,372
placed under arrest; 25,373
(b) Whether the law enforcement officer requested the 25,375
arrested person to submit to the chemical test designated 25,376
pursuant to division (A) of this section; 25,377
(c) Whether the arresting officer informed the arrested 25,379
person of the consequences of refusing to be tested or of 25,380
submitting to the test; 25,381
(d) Whichever of the following is applicable: 25,383
(i) Whether the arrested person refused to submit to the 25,385
chemical test requested by the officer; 25,386
(ii) Whether the chemical test results indicate that the 25,388
arrested person's blood contained a concentration of 25,389
ten-hundredths of one per cent or more by weight of alcohol, the 25,391
person's breath contained a concentration of ten-hundredths of 25,393
one gram or more by weight of alcohol per two hundred ten liters 25,394
of the person's breath, or the person's urine contained a 25,395
concentration of fourteen-hundredths of one gram or more by 25,397
weight of alcohol per one hundred milliliters of the person's 25,398
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 25,400
appearance, the judge or referee of the court or the mayor of the 25,401
mayor's court shall determine whether one or more of the 25,402
conditions specified in divisions (H)(1)(a) to (d) of this 25,403
section have not been met. The person who appeals the suspension 25,404
has the burden of proving, by a preponderance of the evidence, 25,405
that one or more of the specified conditions has not been met. 25,406
If during the appeal at the initial appearance the judge or 25,407
referee of the court or the mayor of the mayor's court determines 25,408
591
that all of those conditions have been met, the judge, referee, 25,409
or mayor shall uphold the suspension, shall continue the 25,410
suspension, and shall notify the registrar of the decision on a 25,411
form approved by the registrar. Except as otherwise provided in 25,412
division (H)(2) of this section, if the suspension is upheld or 25,413
if the person does not appeal the suspension at the person's 25,414
initial appearance under division (H)(1) of this section, the 25,415
suspension shall continue until the complaint alleging the 25,416
violation for which the person was arrested and in relation to 25,417
which the suspension was imposed is adjudicated on the merits by 25,418
the judge or referee of the trial court or by the mayor of the 25,419
mayor's court. If the suspension was imposed under division (E) 25,420
of this section and it is continued under this division, any 25,421
subsequent finding that the person is not guilty of the charge 25,422
that resulted in the person being requested to take the chemical 25,423
test or tests under division (A) of this section does not 25,424
terminate or otherwise affect the suspension. If the suspension 25,425
was imposed under division (F) of this section and it is 25,426
continued under this division, the suspension shall terminate if, 25,427
for any reason, the person subsequently is found not guilty of 25,428
the charge that resulted in the person taking the chemical test 25,429
or tests under division (A) of this section. 25,430
If, during the appeal at the initial appearance, the judge 25,432
or referee of the trial court or the mayor of the mayor's court 25,433
determines that one or more of the conditions specified in 25,434
divisions (H)(1)(a) to (d) of this section have not been met, the 25,435
judge, referee, or mayor shall terminate the suspension, subject 25,436
to the imposition of a new suspension under division (B) of 25,437
section 4511.196 of the Revised Code; shall notify the registrar 25,438
of the decision on a form approved by the registrar; and, except 25,439
as provided in division (B) of section 4511.196 of the Revised 25,441
Code, shall order the registrar to return the driver's or 25,442
commercial driver's license or permit to the person or to take 25,443
such measures as may be necessary, if the license or permit was 25,444
592
destroyed under section 4507.55 of the Revised Code, to permit 25,445
the person to obtain a replacement driver's or commercial 25,446
driver's license or permit from the registrar or a deputy 25,447
registrar in accordance with that section. The court also shall 25,448
issue to the person a court order, valid for not more than ten 25,449
days from the date of issuance, granting the person operating 25,450
privileges for that period of time.
If the person appeals the suspension at the initial 25,452
appearance, the registrar shall be represented by the prosecuting 25,453
attorney of the county in which the arrest occurred if the 25,454
initial appearance is conducted in a juvenile court or county 25,455
court, except that if the arrest occurred within a city or 25,456
village within the jurisdiction of the county court in which the 25,457
appeal is conducted, the city director of law or village 25,458
solicitor of that city or village shall represent the registrar. 25,459
If the appeal is conducted in a municipal court, the registrar 25,460
shall be represented as provided in section 1901.34 of the 25,461
Revised Code. If the appeal is conducted in a mayor's court, the 25,462
registrar shall be represented by the city director of law, 25,463
village solicitor, or other chief legal officer of the municipal 25,464
corporation that operates that mayor's court. 25,465
(I)(1) If a person's driver's or commercial driver's 25,467
license or permit or nonresident operating privilege has been 25,468
suspended pursuant to division (E) of this section, and the 25,469
person, within the preceding seven years, has refused three 25,470
previous requests to consent to a chemical test of the person's 25,472
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 25,473
of division (A) or (B) of section 4511.19 of the Revised Code, a 25,474
municipal ordinance relating to operating a vehicle while under 25,475
the influence of alcohol, a drug of abuse, or alcohol and a drug 25,476
of abuse, a municipal ordinance relating to operating a vehicle 25,477
with a prohibited concentration of alcohol in the blood, breath, 25,478
or urine, section 2903.04 of the Revised Code in a case in which 25,479
593
the person was subject to the sanctions described in division (D) 25,480
of that section, or section 2903.06, 2903.07, or 2903.08 of the 25,481
Revised Code or a municipal ordinance that is substantially 25,482
similar to section 2903.07 of the Revised Code in a case in which 25,483
the jury or judge found that the person was under the influence 25,484
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 25,485
statute of the United States or of any other state or a municipal 25,486
ordinance of a municipal corporation located in any other state 25,487
that is substantially similar to division (A) or (B) of section 25,488
4511.19 of the Revised Code, the person is not entitled to 25,489
request, and the court shall not grant to the person, 25,490
occupational driving privileges under this division. Any other 25,491
person whose driver's or commercial driver's license or 25,492
nonresident operating privilege has been suspended pursuant to 25,493
division (E) of this section may file a petition requesting 25,494
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 25,495
is a minor, juvenile court with jurisdiction over the related 25,497
criminal or delinquency case. The petition may be filed at any 25,498
time subsequent to the date on which the notice of suspension is 25,499
served upon the arrested person. The person shall pay the costs 25,500
of the proceeding, notify the registrar of the filing of the 25,501
petition, and send the registrar a copy of the petition. 25,502
In the proceedings, the registrar shall be represented by 25,504
the prosecuting attorney of the county in which the arrest 25,505
occurred if the petition is filed in the juvenile court, county 25,506
court, or common pleas court, except that, if the arrest occurred 25,507
within a city or village within the jurisdiction of the county 25,509
court in which the petition is filed, the city director of law or 25,510
village solicitor of that city or village shall represent the 25,511
registrar. If the petition is filed in the municipal court, the 25,512
registrar shall be represented as provided in section 1901.34 of 25,513
the Revised Code. If the petition is filed in a mayor's court, 25,514
the registrar shall be represented by the city director of law, 25,515
594
village solicitor, or other chief legal officer of the municipal 25,516
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 25,518
suspension would seriously affect the person's ability to 25,519
continue in the person's employment, may grant the person 25,520
occupational driving privileges during the period of suspension 25,522
imposed pursuant to division (E) of this section, subject to the 25,523
limitations contained in this division and division (I)(2) of 25,524
this section. The court may grant the occupational driving 25,525
privileges, subject to the limitations contained in this division 25,526
and division (I)(2) of this section, regardless of whether the 25,527
person appeals the suspension at the person's initial appearance 25,529
under division (H)(1) of this section or appeals the decision of 25,530
the court made pursuant to the appeal conducted at the initial 25,531
appearance, and, if the person has appealed the suspension or 25,532
decision, regardless of whether the matter at issue has been 25,533
heard or decided by the court. The court shall not grant 25,534
occupational driving privileges to any person who, within seven 25,535
years of the filing of the petition, has refused three previous 25,536
requests to consent to a chemical test of the person's blood, 25,538
breath, or urine to determine its alcohol content or has been 25,539
convicted of or pleaded guilty to three or more violations of 25,540
division (A) or (B) of section 4511.19 of the Revised Code, a 25,541
municipal ordinance relating to operating a vehicle while under 25,542
the influence of alcohol, a drug of abuse, or alcohol and a drug 25,543
of abuse, a municipal ordinance relating to operating a vehicle 25,544
with a prohibited concentration of alcohol in the blood, breath, 25,545
or urine, section 2903.04 of the Revised Code in a case in which 25,546
the person was subject to the sanctions described in division (D) 25,547
of that section, or section 2903.06, 2903.07, or 2903.08 of the 25,548
Revised Code or a municipal ordinance that is substantially 25,549
similar to section 2903.07 of the Revised Code in a case in which 25,550
the jury or judge found that the person was under the influence 25,551
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 25,552
595
statute of the United States or of any other state or a municipal 25,553
ordinance of a municipal corporation located in any other state 25,554
that is substantially similar to division (A) or (B) of section 25,555
4511.19 of the Revised Code, and shall not grant occupational 25,556
driving privileges for employment as a driver of commercial motor 25,557
vehicles to any person who is disqualified from operating a 25,558
commercial motor vehicle under section 2301.374 or 4506.16 of the 25,559
Revised Code.
(2)(a) In granting occupational driving privileges under 25,561
division (I)(1) of this section, the court may impose any 25,562
condition it considers reasonable and necessary to limit the use 25,563
of a vehicle by the person. The court shall deliver to the 25,564
person a permit card, in a form to be prescribed by the court, 25,565
setting forth the time, place, and other conditions limiting the 25,566
defendant's use of a vehicle. The grant of occupational driving 25,567
privileges shall be conditioned upon the person's having the 25,568
permit in the person's possession at all times during which the 25,570
person is operating a vehicle. 25,571
A person granted occupational driving privileges who 25,573
operates a vehicle for other than occupational purposes, in 25,574
violation of any condition imposed by the court, or without 25,575
having the permit in the person's possession, is guilty of a 25,576
violation of section 4507.02 of the Revised Code. 25,578
(b) The court may not grant a person occupational driving 25,580
privileges under division (I)(1) of this section when prohibited 25,581
by a limitation contained in that division or during any of the 25,582
following periods of time: 25,583
(i) The first thirty days of suspension imposed upon a 25,585
person who, within five years of the date on which the person 25,586
refused the request to consent to a chemical test of the person's 25,588
blood, breath, or urine to determine its alcohol content and for 25,590
which refusal the suspension was imposed, had not refused a 25,591
previous request to consent to a chemical test of the person's 25,592
blood, breath, or urine to determine its alcohol content; 25,594
596
(ii) The first ninety days of suspension imposed upon a 25,596
person who, within five years of the date on which the person 25,597
refused the request to consent to a chemical test of the person's 25,599
blood, breath, or urine to determine its alcohol content and for 25,601
which refusal the suspension was imposed, had refused one 25,602
previous request to consent to a chemical test of the person's 25,603
blood, breath, or urine to determine its alcohol content; 25,605
(iii) The first year of suspension imposed upon a person 25,607
who, within five years of the date on which the person refused 25,609
the request to consent to a chemical test of the person's blood, 25,611
breath, or urine to determine its alcohol content and for which 25,612
refusal the suspension was imposed, had refused two previous 25,613
requests to consent to a chemical test of the person's blood, 25,614
breath, or urine to determine its alcohol content; 25,616
(iv) The first three years of suspension imposed upon a 25,618
person who, within five years of the date on which the person 25,619
refused the request to consent to a chemical test of the person's 25,621
blood, breath, or urine to determine its alcohol content and for 25,623
which refusal the suspension was imposed, had refused three or 25,624
more previous requests to consent to a chemical test of the 25,625
person's blood, breath, or urine to determine its alcohol 25,627
content.
(3) The court shall give information in writing of any 25,629
action taken under this section to the registrar. 25,630
(4) If a person's driver's or commercial driver's license 25,632
or permit or nonresident operating privilege has been suspended 25,633
pursuant to division (F) of this section, and the person, within 25,634
the preceding seven years, has been convicted of or pleaded 25,635
guilty to three or more violations of division (A) or (B) of 25,636
section 4511.19 of the Revised Code, a municipal ordinance 25,637
relating to operating a vehicle while under the influence of 25,638
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 25,639
municipal ordinance relating to operating a vehicle with a 25,640
prohibited concentration of alcohol in the blood, breath, or 25,641
597
urine, section 2903.04 of the Revised Code in a case in which the 25,642
person was subject to the sanctions described in division (D) of 25,643
that section, or section 2903.06, 2903.07, or 2903.08 of the 25,644
Revised Code or a municipal ordinance that is substantially 25,645
similar to section 2903.07 of the Revised Code in a case in which 25,646
the jury or judge found that the person was under the influence 25,647
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 25,648
statute of the United States or of any other state or a municipal 25,649
ordinance of a municipal corporation located in any other state 25,651
that is substantially similar to division (A) or (B) of section 25,652
4511.19 of the Revised Code, the person is not entitled to 25,653
request, and the court shall not grant to the person, 25,654
occupational driving privileges under this division. Any other 25,655
person whose driver's or commercial driver's license or 25,656
nonresident operating privilege has been suspended pursuant to 25,657
division (F) of this section may file in the court specified in 25,658
division (I)(1) of this section a petition requesting 25,659
occupational driving privileges in accordance with section 25,660
4507.16 of the Revised Code. The petition may be filed at any 25,661
time subsequent to the date on which the arresting officer serves 25,662
the notice of suspension upon the arrested person. Upon the 25,663
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 25,664
The court may grant the occupational driving privileges, subject 25,665
to the limitations contained in section 4507.16 of the Revised 25,666
Code, regardless of whether the person appeals the suspension at 25,667
the person's initial appearance under division (H)(1) of this 25,669
section or appeals the decision of the court made pursuant to the 25,670
appeal conducted at the initial appearance, and, if the person 25,671
has appealed the suspension or decision, regardless of whether 25,672
the matter at issue has been heard or decided by the court. 25,673
(J) When it finally has been determined under the 25,675
procedures of this section that a nonresident's privilege to 25,676
operate a vehicle within this state has been suspended, the 25,677
598
registrar shall give information in writing of the action taken 25,678
to the motor vehicle administrator of the state of the person's 25,679
residence and of any state in which the person has a license. 25,680
(K) A suspension of the driver's or commercial driver's 25,682
license or permit of a resident, a suspension of the operating 25,683
privilege of a nonresident, or a denial of a driver's or 25,684
commercial driver's license or permit pursuant to division (E) or 25,686
(F) of this section shall be terminated by the registrar upon 25,688
receipt of notice of the person's entering a plea of guilty to, 25,689
or of the person's conviction of, operating a vehicle while under 25,691
the influence of alcohol, a drug of abuse, or alcohol and a drug 25,692
of abuse or with a prohibited concentration of alcohol in the 25,693
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 25,694
incident that led to the suspension or denial. 25,695
The registrar shall credit against any judicial suspension 25,697
of a person's driver's or commercial driver's license or permit 25,698
or nonresident operating privilege imposed pursuant to division 25,699
(B) or (E) of section 4507.16 of the Revised Code any time during 25,700
which the person serves a related suspension imposed pursuant to 25,701
division (E) or (F) of this section. 25,702
(L) At the end of a suspension period under this section, 25,704
section 4511.196, or division (B) of section 4507.16 of the 25,705
Revised Code and upon the request of the person whose driver's or 25,706
commercial driver's license or permit was suspended and who is 25,707
not otherwise subject to suspension, revocation, or 25,708
disqualification, the registrar shall return the driver's or 25,709
commercial driver's license or permit to the person upon the 25,710
person's compliance with all of the conditions specified in 25,712
divisions (L)(1) and (2) of this section: 25,713
(1) A showing by the person that the person has proof of 25,715
financial responsibility, a policy of liability insurance in 25,717
effect that meets the minimum standards set forth in section 25,718
4509.51 of the Revised Code, or proof, to the satisfaction of the 25,719
599
registrar, that the person is able to respond in damages in an 25,720
amount at least equal to the minimum amounts specified in section 25,721
4509.51 of the Revised Code. 25,722
(2) Subject to the limitation contained in division (L)(3) 25,725
of this section, payment by the person of a license reinstatement 25,726
fee of four hundred five dollars to the bureau of motor vehicles, 25,729
which fee shall be deposited in the state treasury and credited 25,730
as follows: 25,731
(a) One hundred twelve dollars and fifty cents shall be 25,734
credited to the drivers' STATEWIDE treatment and intervention 25,735
PREVENTION fund, which is hereby established CREATED BY SECTION 25,736
4301.30 OF THE REVISED CODE. The fund shall be used to pay the 25,737
costs of driver treatment and intervention programs operated 25,738
pursuant to sections 3793.02 and 3793.10 of the Revised Code. 25,739
The director of alcohol and drug addiction services shall 25,740
determine the share of the fund that is to be allocated to 25,741
alcohol and drug addiction programs authorized by section 3793.02 25,742
of the Revised Code, and the share of the fund that is to be 25,743
allocated to drivers' intervention programs authorized by section 25,744
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 25,746
reparations fund created by section 2743.191 of the Revised Code. 25,748
(c) Thirty-seven dollars and fifty cents shall be credited 25,751
to the indigent drivers alcohol treatment fund, which is hereby 25,752
established. Except as otherwise provided in division (L)(2)(c) 25,754
of this section, moneys in the fund shall be distributed by the 25,755
department of alcohol and drug addiction services to the county 25,756
indigent drivers alcohol treatment funds, the county juvenile 25,757
indigent drivers alcohol treatment funds, and the municipal 25,758
indigent drivers alcohol treatment funds that are required to be 25,759
established by counties and municipal corporations pursuant to 25,760
division (N) of this section, and shall be used only to pay the 25,761
cost of an alcohol and drug addiction treatment program attended 25,762
by an offender or juvenile traffic offender who is ordered to 25,763
600
attend an alcohol and drug addiction treatment program by a 25,764
county, juvenile, or municipal court judge and who is determined 25,765
by the county, juvenile, or municipal court judge not to have the 25,766
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 25,767
that division. Moneys in the fund that are not distributed to a 25,769
county indigent drivers alcohol treatment fund, a county juvenile 25,770
indigent drivers alcohol treatment fund, or a municipal indigent 25,771
drivers alcohol treatment fund under division (N) of this section 25,772
because the director of alcohol and drug addiction services does 25,773
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 25,774
arrested may be transferred by the director of budget and 25,775
management to the drivers' STATEWIDE treatment and intervention 25,776
PREVENTION fund, created in division (L)(2)(a) of this BY section 25,777
4301.30 OF THE REVISED CODE, upon certification of the amount by 25,778
the director of alcohol and drug addiction services. 25,780
(d) Seventy-five dollars shall be credited to the Ohio 25,782
rehabilitation services commission established by section 3304.12 25,783
of the Revised Code, to the services for rehabilitation fund, 25,784
which is hereby established. The fund shall be used to match 25,785
available federal matching funds where appropriate, and for any 25,786
other purpose or program of the commission to rehabilitate people 25,787
with disabilities to help them become employed and independent. 25,788
(e) Seventy-five dollars shall be deposited into the state 25,791
treasury and credited to the drug abuse resistance education 25,792
programs fund, which is hereby established, to be used by the 25,793
attorney general for the purposes specified in division (L)(4) of 25,795
this section.
(f) Thirty dollars shall be credited to the state bureau 25,797
of motor vehicles fund created by section 4501.25 of the Revised 25,798
Code.
(3) If a person's driver's or commercial driver's license 25,800
or permit is suspended under division (E) or (F) of this section, 25,802
601
section 4511.196, or division (B) of section 4507.16 of the 25,803
Revised Code, or any combination of the suspensions described in 25,804
division (L)(3) of this section, and if the suspensions arise 25,805
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 25,806
required to pay to the bureau, only one reinstatement fee of four 25,807
hundred five dollars. The reinstatement fee shall be distributed 25,808
by the bureau in accordance with division (L)(2) of this section. 25,809
(4) The attorney general shall use amounts in the drug 25,811
abuse resistance education programs fund to award grants to law 25,812
enforcement agencies to establish and implement drug abuse 25,813
resistance education programs in public schools. Grants awarded 25,814
to a law enforcement agency under division (L)(2)(e) of this 25,815
section shall be used by the agency to pay for not more than 25,816
fifty per cent of the amount of the salaries of law enforcement 25,817
officers who conduct drug abuse resistance education programs in 25,818
public schools. The attorney general shall not use more than six 25,819
per cent of the amounts the attorney general's office receives 25,821
under division (L)(2)(e) of this section to pay the costs it 25,822
incurs in administering the grant program established by division 25,823
(L)(2)(e) of this section and in providing training and materials 25,824
relating to drug abuse resistance education programs. 25,825
The attorney general shall report to the governor and the 25,827
general assembly each fiscal year on the progress made in 25,828
establishing and implementing drug abuse resistance education 25,829
programs. These reports shall include an evaluation of the 25,830
effectiveness of these programs. 25,831
(M) Suspension of a commercial driver's license under 25,833
division (E) or (F) of this section shall be concurrent with any 25,834
period of disqualification under section 2301.374 or 4506.16 of 25,835
the Revised Code. No person who is disqualified for life from 25,836
holding a commercial driver's license under section 4506.16 of 25,837
the Revised Code shall be issued a driver's license under Chapter 25,838
4507. of the Revised Code during the period for which the 25,839
602
commercial driver's license was suspended under division (E) or 25,840
(F) of this section, and no person whose commercial driver's 25,841
license is suspended under division (E) or (F) of this section 25,842
shall be issued a driver's license under that chapter during the 25,843
period of the suspension. 25,844
(N)(1) Each county shall establish an indigent drivers 25,846
alcohol treatment fund, each county shall establish a juvenile 25,847
indigent drivers alcohol treatment fund, and each municipal 25,848
corporation in which there is a municipal court shall establish 25,849
an indigent drivers alcohol treatment fund. All revenue that the 25,850
general assembly appropriates to the indigent drivers alcohol 25,851
treatment fund for transfer to a county indigent drivers alcohol 25,852
treatment fund, a county juvenile indigent drivers alcohol 25,853
treatment fund, or a municipal indigent drivers alcohol treatment 25,854
fund, all portions of fees that are paid under division (L) of 25,855
this section and that are credited under that division to the 25,856
indigent drivers alcohol treatment fund in the state treasury for 25,857
a county indigent drivers alcohol treatment fund, a county 25,858
juvenile indigent drivers alcohol treatment fund, or a municipal 25,859
indigent drivers alcohol treatment fund, and all portions of 25,860
fines that are specified for deposit into a county or municipal 25,861
indigent drivers alcohol treatment fund by section 4511.193 of 25,862
the Revised Code shall be deposited into that county indigent 25,863
drivers alcohol treatment fund, county juvenile indigent drivers 25,864
alcohol treatment fund, or municipal indigent drivers alcohol 25,865
treatment fund in accordance with division (N)(2) of this 25,866
section. Additionally, all portions of fines that are paid for a 25,867
violation of section 4511.19 of the Revised Code or division 25,868
(B)(2) of section 4507.02 of the Revised Code, and that are 25,869
required under division (A)(1) or (2) of section 4511.99 or 25,870
division (B)(5) of section 4507.99 of the Revised Code to be 25,871
deposited into a county indigent drivers alcohol treatment fund 25,872
or municipal indigent drivers alcohol treatment fund shall be 25,873
deposited into the appropriate fund in accordance with the 25,874
603
applicable division. 25,875
(2) That portion of the license reinstatement fee that is 25,877
paid under division (L) of this section and that is credited 25,878
under that division to the indigent drivers alcohol treatment 25,879
fund shall be deposited into a county indigent drivers alcohol 25,880
treatment fund, a county juvenile indigent drivers alcohol 25,881
treatment fund, or a municipal indigent drivers alcohol treatment 25,882
fund as follows: 25,883
(a) If the suspension in question was imposed under this 25,885
section, that portion of the fee shall be deposited as follows: 25,886
(i) If the fee is paid by a person who was charged in a 25,888
county court with the violation that resulted in the suspension, 25,889
the portion shall be deposited into the county indigent drivers 25,890
alcohol treatment fund under the control of that court; 25,891
(ii) If the fee is paid by a person who was charged in a 25,893
juvenile court with the violation that resulted in the 25,894
suspension, the portion shall be deposited into the county 25,895
juvenile indigent drivers alcohol treatment fund established in 25,896
the county served by the court; 25,897
(iii) If the fee is paid by a person who was charged in a 25,899
municipal court with the violation that resulted in the 25,900
suspension, the portion shall be deposited into the municipal 25,901
indigent drivers alcohol treatment fund under the control of that 25,902
court. 25,903
(b) If the suspension in question was imposed under 25,905
division (B) of section 4507.16 of the Revised Code, that portion 25,906
of the fee shall be deposited as follows: 25,907
(i) If the fee is paid by a person whose license or permit 25,909
was suspended by a county court, the portion shall be deposited 25,910
into the county indigent drivers alcohol treatment fund under the 25,911
control of that court; 25,912
(ii) If the fee is paid by a person whose license or 25,914
permit was suspended by a municipal court, the portion shall be 25,915
deposited into the municipal indigent drivers alcohol treatment 25,916
604
fund under the control of that court. 25,917
(3) Expenditures from a county indigent drivers alcohol 25,919
treatment fund, a county juvenile indigent drivers alcohol 25,920
treatment fund, or a municipal indigent drivers alcohol treatment 25,921
fund shall be made only upon the order of a county, juvenile, or 25,922
municipal court judge and only for payment of the cost of the 25,923
attendance at an alcohol and drug addiction treatment program of 25,924
a person who is convicted of, or found to be a juvenile traffic 25,925
offender by reason of, a violation of division (A) of section 25,926
4511.19 of the Revised Code or a substantially similar municipal 25,927
ordinance, who is ordered by the court to attend the alcohol and 25,928
drug addiction treatment program, and who is determined by the 25,929
court to be unable to pay the cost of attendance at the treatment 25,931
program or for payment of the costs specified in division (N)(4) 25,932
of this section in accordance with that division. The alcohol 25,933
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 25,935
section 340.02 or 340.021 of the Revised Code and serving the 25,937
alcohol, drug addiction, and mental health service district in 25,938
which the court is located shall administer the indigent drivers 25,939
alcohol treatment program of the court. When a court orders an 25,940
offender or juvenile traffic offender to attend an alcohol and 25,941
drug addiction treatment program, the board shall determine which 25,942
program is suitable to meet the needs of the offender or juvenile 25,943
traffic offender, and when a suitable program is located and 25,944
space is available at the program, the offender or juvenile 25,945
traffic offender shall attend the program designated by the 25,946
board. A reasonable amount not to exceed five per cent of the 25,947
amounts credited to and deposited into the county indigent 25,948
drivers alcohol treatment fund, the county juvenile indigent 25,949
drivers alcohol treatment fund, or the municipal indigent drivers 25,950
alcohol treatment fund serving every court whose program is 25,951
administered by that board shall be paid to the board to cover 25,952
the costs it incurs in administering those indigent drivers 25,953
605
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 25,955
in consultation with the alcohol and drug addiction services 25,956
board or the board of alcohol, drug addiction, and mental health 25,957
services established pursuant to section 340.02 or 340.021 of the 25,958
Revised Code and serving the alcohol, drug addiction, and mental 25,960
health district in which the court is located, that the funds in 25,961
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 25,962
municipal indigent drivers alcohol treatment fund under the 25,963
control of the court are more than sufficient to satisfy the 25,964
purpose for which the fund was established, as specified in 25,965
divisions (N)(1) to (3) of this section, the court may declare a 25,966
surplus in the fund. If the court declares a surplus in the 25,967
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 25,968
who are charged in the court with committing a criminal offense 25,969
or with being a delinquent child or juvenile traffic offender and 25,970
in relation to whom both of the following apply: 25,971
(a) The court determines that substance abuse was a 25,973
contributing factor leading to the criminal or delinquent 25,974
activity or the juvenile traffic offense with which the person is 25,975
charged.
(b) The court determines that the person is unable to pay 25,978
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 25,979
Sec. 4511.83. (A) As used in this section: 25,988
(1) "Ignition interlock device" means a device that 25,990
connects a breath analyzer to a motor vehicle's ignition system, 25,991
that is constantly available to monitor the concentration by 25,992
weight of alcohol in the breath of any person attempting to start 25,993
that motor vehicle by using its ignition system, and that deters 25,994
starting the motor vehicle by use of its ignition system unless 25,995
the person attempting to so start the vehicle provides an 25,996
606
appropriate breath sample for the device and the device 25,997
determines that the concentration by weight of alcohol in the 25,998
person's breath is below a preset level. 25,999
(2) "Offender with restricted driving privileges" means an 26,001
offender who is subject to an order that was issued under 26,002
division (F) of section 4507.16 of the Revised Code as a 26,003
condition of the granting of occupational driving privileges or 26,004
an offender whose driving privilege is restricted as a condition 26,005
of probation pursuant to division (G) of section 2951.02 of the 26,007
Revised Code. 26,008
(B)(1) Except in cases of a substantial emergency when no 26,010
other person is reasonably available to drive in response to the 26,011
emergency, no person shall knowingly rent, lease, or lend a motor 26,012
vehicle to any offender with restricted driving privileges, 26,013
unless the vehicle is equipped with a functioning ignition 26,014
interlock device that is certified pursuant to division (D) of 26,015
this section. 26,016
(2) Any offender with restricted driving privileges who 26,018
rents, leases, or borrows a motor vehicle from another person 26,019
shall notify the person who rents, leases, or lends the motor 26,020
vehicle to the offender that the offender has restricted driving 26,022
privileges and of the nature of the restriction. 26,023
(3) Any offender with restricted driving privileges who is 26,025
required to operate a motor vehicle owned by the offender's 26,026
employer in the course and scope of the offender's employment may 26,028
operate that vehicle without the installation of an ignition 26,030
interlock device, provided that the employer has been notified 26,031
that the offender has restricted driving privileges and of the 26,032
nature of the restriction and provided further that the offender 26,033
has proof of the employer's notification in the offender's 26,034
possession while operating the employer's vehicle for normal 26,036
business duties. A motor vehicle owned by a business that is 26,037
partly or entirely owned or controlled by an offender with 26,038
restricted driving privileges is not a motor vehicle owned by an 26,039
607
employer, for purposes of this division. 26,040
(C) If a court, pursuant to division (F) of section 26,042
4507.16 of the Revised Code, imposes the use of an ignition 26,043
interlock device as a condition of the granting of occupational 26,044
driving privileges, the court shall require the offender to 26,045
provide proof of compliance to the court at least once quarterly 26,046
or more frequently as ordered by the court in its discretion. If 26,047
a court imposes the use of an ignition interlock device as a 26,048
condition of probation under division (I) of section 2951.02 of 26,049
the Revised Code, the court shall require the offender to provide 26,050
proof of compliance to the court or probation officer prior to 26,051
issuing any driving privilege or continuing the probation status. 26,052
In either case in which a court imposes the use of such a device, 26,053
the offender, at least once quarterly or more frequently as 26,054
ordered by the court in its discretion, shall have the device 26,055
inspected as ordered by the court for accurate operation and 26,056
shall provide the results of the inspection to the court or, if 26,057
applicable, to the offender's probation officer. 26,058
(D)(1) The director of public safety, upon consultation 26,060
with the director of health and in accordance with Chapter 119. 26,061
of the Revised Code, shall certify ignition interlock devices and 26,062
shall publish and make available to the courts, without charge, a 26,063
list of approved devices together with information about the 26,064
manufacturers of the devices and where they may be obtained. The 26,065
cost of obtaining the certification of an ignition interlock 26,066
device shall be paid by the manufacturer of the device to the 26,067
director of public safety and shall be deposited in the drivers' 26,068
STATEWIDE treatment and intervention PREVENTION fund established 26,070
by section 4511.191 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with 26,072
Chapter 119. of the Revised Code, shall adopt and publish rules 26,073
setting forth the requirements for obtaining the certification of 26,074
an ignition interlock device. No ignition interlock device shall 26,075
be certified by the director of public safety pursuant to 26,076
608
division (D)(1) of this section unless it meets the requirements 26,077
specified and published by the director in the rules adopted 26,078
pursuant to this division. The requirements shall include 26,079
provisions for setting a minimum and maximum calibration range 26,080
and shall include, but shall not be limited to, specifications 26,081
that the device complies with all of the following: 26,082
(a) It does not impede the safe operation of the vehicle. 26,084
(b) It has features that make circumvention difficult and 26,086
that do not interfere with the normal use of the vehicle. 26,087
(c) It correlates well with established measures of 26,089
alcohol impairment. 26,090
(d) It works accurately and reliably in an unsupervised 26,092
environment. 26,093
(e) It is resistant to tampering and shows evidence of 26,095
tampering if tampering is attempted. 26,096
(f) It is difficult to circumvent and requires 26,098
premeditation to do so. 26,099
(g) It minimizes inconvenience to a sober user. 26,101
(h) It requires a proper, deep-lung breath sample or other 26,103
accurate measure of the concentration by weight of alcohol in the 26,104
breath. 26,105
(i) It operates reliably over the range of automobile 26,107
environments. 26,108
(j) It is made by a manufacturer who is covered by product 26,110
liability insurance. 26,111
(3) The director of public safety may adopt, in whole or 26,113
in part, the guidelines, rules, regulations, studies, or 26,114
independent laboratory tests performed and relied upon by other 26,115
states, or their agencies or commissions, in the certification or 26,116
approval of ignition interlock devices. 26,117
(4) The director of public safety shall adopt rules in 26,119
accordance with Chapter 119. of the Revised Code for the design 26,120
of a warning label that shall be affixed to each ignition 26,121
interlock device upon installation. The label shall contain a 26,122
609
warning that any person tampering, circumventing, or otherwise 26,123
misusing the device is subject to a fine, imprisonment, or both 26,124
and may be subject to civil liability. 26,125
(E)(1) No offender with restricted driving privileges, 26,127
during any period that the offender is required to operate only a 26,129
motor vehicle equipped with an ignition interlock device, shall 26,130
request or permit any other person to breathe into the device or 26,131
start a motor vehicle equipped with the device, for the purpose 26,132
of providing the offender with an operable motor vehicle. 26,133
(2)(a) Except as provided in division (E)(2)(b) of this 26,135
section, no person shall breathe into an ignition interlock 26,136
device or start a motor vehicle equipped with an ignition 26,137
interlock device for the purpose of providing an operable motor 26,138
vehicle to an offender with restricted driving privileges. 26,139
(b) Division (E)(2)(a) of this section does not apply to 26,141
an offender with restricted driving privileges who breathes into 26,142
an ignition interlock device or starts a motor vehicle equipped 26,143
with an ignition interlock device for the purpose of providing 26,144
himself or herself THE OFFENDER with an operable motor vehicle. 26,145
(3) No unauthorized person shall tamper with or circumvent 26,147
the operation of an ignition interlock device. 26,148
Sec. 4701.03. (A) The accountancy board annually shall 26,157
elect a president, secretary, and treasurer from its members. The 26,159
board may adopt and amend rules for the orderly conduct of its 26,160
affairs and for the administration of this chapter. The board 26,161
may adopt and amend rules defining the practice of public
accounting, rules of professional conduct appropriate to 26,162
establish and maintain a high standard of integrity and dignity 26,163
in registrants and certificate holders under this chapter, and 26,165
rules regulating the sole proprietorship, partnership, limited 26,166
liability company, professional association, 26,167
corporation-for-profit, or other legal entity practice of public 26,168
accounting. A majority of the board shall constitute a quorum 26,169
for the transaction of business.
610
(B) The board shall keep and hold open for public 26,171
inspection all records of its proceedings. 26,172
(C) The board may employ any clerks that are necessary to 26,174
assist it in the performance of its duties and the keeping of its 26,175
records. IF THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR, THE 26,176
EXECUTIVE DIRECTOR SHALL BE PAID IN ACCORDANCE WITH PAY RANGE 18 26,177
OF SALARY SCHEDULE E-1 LISTED IN SECTION 124.152 OF THE REVISED 26,178
CODE.
Sec. 4701.06. The accountancy board shall grant the 26,187
certificate of "certified public accountant" to any person who 26,189
satisfies the following requirements:
(A) The person is a resident of this state or has a place 26,191
of business in this state or, as an employee, is regularly 26,192
employed in this state. The board may determine by rule 26,194
circumstances under which the residency requirement may be 26,196
waived.
(B) The person has attained the age of eighteen years. 26,199
(C) The person is of good moral character. 26,201
(D) The person meets the following requirements of 26,203
education and experience: 26,204
(1)(a) Prior to January 1, 2000, graduation with a 26,206
baccalaureate degree conferred by a college or university 26,207
recognized by the board, with a concentration in accounting that 26,208
includes related courses in other areas of business 26,209
administration, or what the board determines to be substantially 26,210
the equivalent of the foregoing; 26,211
(b) On and after January 1, 2000, graduation with a 26,213
baccalaureate or higher degree that includes successful 26,214
completion of one hundred fifty semester hours of undergraduate 26,215
or graduate education. The board by rule shall specify graduate 26,217
degrees that satisfy this requirement and also by rule shall 26,219
require any subjects that it considers appropriate. The total 26,220
educational program shall include an accounting concentration 26,221
with related courses in other areas of business administration, 26,222
611
as defined by board rule. 26,223
(2)(a) The experience requirement for candidates meeting 26,225
the educational requirements set forth in division (D)(1)(a) or 26,226
(b) of this section is one year of experience satisfactory to the 26,228
board in any of the following:
(i) A public accounting firm; 26,230
(ii) Government; 26,232
(iii) Business; 26,234
(iv) Academia. 26,236
(b) Except as provided in division (D)(2)(c) of this 26,239
section, the experience requirement for any candidate who, on and 26,240
after January 1, 2000, does not meet the educational requirement 26,241
set forth in division (D)(1)(b) of this section is four years of 26,242
experience described in division (D)(2)(a) of this section. The 26,243
experience requirement for any candidate who, prior to January 1, 26,244
2000, does not meet the educational requirement set forth in 26,245
division (D)(1)(a) of this section is two years of experience 26,246
described in division (D)(2)(a) of this section. 26,247
(c) On and after January 1, 2000, the experience 26,249
requirement for any candidate who, subsequent to obtaining a 26,250
baccalaureate or higher degree, other than a baccalaureate or 26,251
higher degree described in division (D)(1)(b) of this section, 26,252
successfully completes coursework that meets the educational 26,253
requirement set forth in division (D)(1)(b) of this section is 26,254
two years of experience described in division (D)(2)(a) of this 26,255
section. 26,256
(E) The person has passed a written AN examination in 26,258
accounting and auditing and in any related subjects that the 26,261
board determines to be appropriate. The board shall adopt rules, 26,262
consistent with this section, for these examinations and for 26,263
application to take these examinations THAT IS ADMINISTERED IN 26,264
THE MANNER AND THAT COVERS THE SUBJECTS THAT THE BOARD PRESCRIBES 26,265
BY RULE. IN ADOPTING THE RELEVANT RULES, THE BOARD SHALL ENSURE 26,266
TO THE EXTENT POSSIBLE THAT THE EXAMINATION, THE EXAMINATION 26,267
612
PROCESS, AND THE EXAMINATION'S PASSING STANDARD ARE UNIFORM WITH
THE EXAMINATIONS, EXAMINATION PROCESSES, AND EXAMINATION PASSING 26,268
STANDARDS OF ALL OTHER STATES AND MAY PROVIDE FOR THE USE OF ALL 26,269
OR PARTS OF THE UNIFORM CERTIFIED PUBLIC ACCOUNTANT EXAMINATION 26,270
AND ADVISORY GRADING SERVICE OF THE AMERICAN INSTITUTE OF 26,271
CERTIFIED PUBLIC ACCOUNTANTS. THE BOARD MAY CONTRACT WITH THIRD 26,272
PARTIES TO PERFORM ADMINISTRATIVE SERVICES THAT RELATE TO THE 26,273
EXAMINATION AND THAT THE BOARD DETERMINES ARE APPROPRIATE IN
ORDER TO ASSIST THE BOARD IN PERFORMING ITS DUTIES IN RELATION TO 26,274
THE EXAMINATION. 26,275
None of the educational requirements specified in division 26,277
(D) of this section apply to a candidate who has a PA 26,279
registration, but the experience requirement for the candidate 26,280
who does not meet those educational requirements is four years of 26,282
the experience described in division (D)(2)(a) of this section. 26,284
Prior to January 1, 2000, the board shall waive the 26,286
educational requirement set forth in division (D)(1)(a) of this 26,287
section for any candidate if it finds that the candidate has 26,288
attained the equivalent education by attendance at a business 26,289
school, by self-study, or otherwise, and if it is satisfied from 26,290
the results of special written examinations that the board gives 26,292
the candidate to test the candidate's educational qualifications 26,294
that the candidate is as well equipped, educationally, as if the 26,295
candidate met the applicable educational requirement specified in 26,296
division (D)(1)(a) of this section.
On and after January 1, 2000, the board shall waive the 26,298
educational requirement set forth in division (D)(1)(b) of this 26,299
section for any candidate if the board finds that the candidate 26,300
has obtained from an accredited college or university approved by 26,301
the board, either an associate degree or a baccalaureate degree, 26,302
other than a baccalaureate degree described in division (D)(1)(b) 26,303
of this section, with a concentration in accounting that includes 26,304
related courses in other areas of business administration, and if 26,305
the board is satisfied from the results of special written 26,306
613
examinations that the board gives the candidate to test the 26,308
candidate's educational qualification that the candidate is as 26,309
well equipped, educationally, as if the candidate met the 26,311
applicable educational requirement specified in division 26,312
(D)(1)(b) of this section.
The board shall provide by rule for the general scope of 26,314
any special written examinations for a waiver of the educational 26,315
requirements under division (D)(1)(a) or (b) of this section and 26,316
may obtain any advice and assistance that it considers 26,318
appropriate to assist it in preparing and grading those special 26,319
written examinations. The board may use any existing 26,320
examinations or may prepare any number of new examinations to 26,321
assist in determining the equivalent training of a candidate. 26,322
The board by rule shall prescribe any special written 26,323
examinations for a waiver of the educational requirements under 26,324
division (D)(1)(a) or (b) of this section and the passing score 26,325
required for each examination.
The examinations described BOARD SHALL HOLD THE EXAMINATION 26,327
REFERRED TO in division (E) of this section and the special 26,329
written examinations for a waiver of the educational requirements 26,330
under division (D)(1)(a) or (b) of this section shall be held by 26,331
the board and shall take place as often as the board determines 26,332
to be desirable, but the examinations described EXAMINATION 26,333
REFERRED TO in division (E) of this section shall be held not 26,334
less frequently than once each year. The board may make the use 26,335
of all or any part of the uniform certified public accountants' 26,337
examination and advisory grading service, or either, as it 26,338
considers appropriate to assist it in performing its duties under 26,340
this section. The board also may contract with qualified 26,342
organizations for assistance in the administration of any 26,343
examinations. The board by rule may provide for granting credit 26,344
to a candidate for satisfactory completion of a written AN 26,345
examination THAT A LICENSING AUTHORITY OF ANOTHER STATE GAVE in 26,346
one or more of the subjects referred to in division (E) of this 26,349
614
section given by the licensing authority in any other state. 26,350
A candidate who has met the educational requirements, or 26,352
with respect to whom they either do not apply or have been 26,353
waived, is eligible to take the examination referred to in 26,355
division (E) of this section without waiting until the candidate 26,356
meets the experience requirements, provided the candidate also 26,357
meets the requirements of divisions (A) and (C) of this section. 26,359
A candidate for the certificate of certified public 26,361
accountant who has successfully completed the examination under 26,362
division (E) of this section has no status as a certified public 26,363
accountant, unless and until the candidate has the requisite 26,364
experience and has received a certificate as a certified public 26,366
accountant. The board shall determine and charge a fee for
issuing the certificate that is adequate to cover the expense. 26,367
The board by rule may prescribe the terms and conditions 26,369
under which a candidate who passes PART BUT NOT ALL OF the 26,370
examination in one or more of the subjects referred to in 26,372
division (E) of this section may be reexamined in only the 26,374
remaining subjects, with credit for the subjects previously 26,375
passed RETAKE THE EXAMINATION. It also may provide by rule for a 26,377
reasonable waiting period for a candidate's reexamination in a 26,378
subject the candidate has failed. Subject to board rules of 26,379
those types and any other rules that the board may adopt 26,382
governing reexaminations, a candidate is entitled to any number 26,383
of reexaminations under division (E) of this section. No 26,384
candidate shall be required to be reexamined in all subjects 26,385
unless a period of four years has elapsed since the candidate 26,386
initially earned credit on the examination. 26,387
The applicable educational and experience requirements 26,389
under division (D) of this section shall be those in effect on 26,390
the date on which the candidate first sits for the examination. 26,391
The board shall charge a candidate a reasonable fee, to be 26,394
determined by the board, that is adequate to cover all rentals, 26,395
compensation for proctors, and other administrative expenses of 26,396
615
the board related to examination or reexamination, including the 26,397
expenses of procuring and grading the examination provided for in 26,398
division (E) of this section and for any special written 26,399
examinations for a waiver of the educational requirements under 26,400
division (D)(1)(a) or (b) of this section. Fees for
reexamination under division (E) of this section shall be charged 26,401
by the board in amounts determined by it. The applicable fees 26,402
shall be paid by the candidate at the time the candidate applies 26,404
for examination or reexamination.
Any person who has received from the board a certificate as 26,406
a certified public accountant and who holds an Ohio permit shall 26,408
be styled and known as a "certified public accountant" and also 26,409
may use the abbreviation "CPA." The board shall maintain a list 26,411
of certified public accountants. Any certified public accountant 26,412
also may be known as a "public accountant." 26,413
Persons who, on the effective date of an amendment of this 26,415
section, held certified public accountant certificates previously 26,417
issued under the laws of this state shall not be required to 26,419
obtain additional certificates under this section but shall 26,420
otherwise be subject to all provisions of this section, and those 26,422
previously issued certificates, for all purposes, shall be 26,423
considered certificates issued under this section and subject to 26,424
its provisions.
The board may waive the examination under division (E) of 26,426
this section and, upon payment of a fee determined by it, may 26,428
issue a certificate as a "certified public accountant" to any 26,429
person who possesses the qualifications specified in divisions 26,431
(A), (B), and (C) of this section and what the board determines 26,432
to be substantially the equivalent of the applicable 26,433
qualifications under division (D) of this section and who is the 26,434
holder of a certificate as a certified public accountant, then in 26,435
full force and effect, issued under the laws of any state, or is 26,436
the holder of a certificate, license, or degree in a foreign 26,437
country that constitutes a recognized qualification for the 26,438
616
practice of public accounting in that country, that is comparable 26,441
to that of a certified public accountant of this state, and that 26,442
is then in full force and effect. 26,444
Sec. 4703.36. (A) The state board of landscape architect 26,453
examiners shall register as a landscape architect each applicant 26,454
who demonstrates to the satisfaction of the board that the 26,455
applicant has met all requirements of section 4703.34 of the 26,456
Revised Code, or in lieu thereof, has complied with the 26,457
provisions of section 4703.341 or 4703.35 of the Revised Code. 26,458
The certificate issued to each individual shall be prima-facie 26,459
evidence of the right of the individual to whom it is issued to 26,460
represent himself or herself SELF as a landscape architect and to 26,462
enter the practice of landscape architecture, subject to sections 26,463
4703.30 to 4703.49 of the Revised Code. 26,464
(B) Each certificate of qualification issued and 26,466
registered shall authorize the holder to practice landscape 26,467
architecture as a landscape architect in this state from the date 26,468
of issuance until the last day of October next succeeding the 26,469
date upon which the certificate was issued OF EACH ODD-NUMBERED 26,470
CALENDAR YEAR, unless revoked or suspended for cause as provided 26,472
in section 4703.42 of the Revised Code THIS CHAPTER or suspended 26,473
pursuant to section 2301.373 of the Revised Code. LICENSE 26,474
RENEWAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE STANDARD 26,475
LICENSE RENEWAL PROCEDURE IN CHAPTER 4745. OF THE REVISED CODE.
EACH RENEWAL SHALL BE RECORDED IN THE OFFICIAL REGISTER OF THE 26,476
BOARD.
(C) Each person registered by the board shall secure a 26,478
seal of the design prescribed by the board. All plans, 26,479
specifications, drawings, and other documents prepared by, or 26,480
under the direct supervision of, the landscape architect shall be 26,481
imprinted with such seal, in accordance with the requirements of 26,482
the board. 26,483
(D) Each certificate of authorization issued under 26,485
division (F) of section 4703.331 of the Revised Code shall 26,486
617
authorize the holder to provide landscape architectural services, 26,487
through the landscape architect designated as being in 26,488
responsible charge of the landscape architectural activities and 26,489
decisions, from the date of issuance until the last day of June 26,490
next succeeding the date upon which the certificate was issued 26,491
unless the certificate has been suspended or revoked for cause as 26,492
provided in section 4703.42 of the Revised Code. 26,493
Sec. 4703.37. (A) The state board of landscape architect 26,502
examiners shall establish an application fee for taking or 26,503
retaking the examination described in division (C) of section 26,504
4703.34 of the Revised Code at an amount adequate to cover all 26,505
rentals, compensation for proctors, and other expenses of the 26,506
board related to the examination except the expenses of procuring 26,507
and grading the examination OBTAINING REGISTRATION UNDER SECTION 26,508
4703.34 OF THE REVISED CODE AND A FEE FOR OBTAINING REGISTRATION 26,511
UNDER SECTION 4703.35 OF THE REVISED CODE. 26,512
(B) The board shall establish an examination fee for 26,513
taking the examination described in division (C) of section 26,514
4703.34 of the Revised Code at an amount adequate to cover the 26,515
expenses of procuring and grading the examination THE FEE TO 26,517
RESTORE AN EXPIRED CERTIFICATE OF QUALIFICATION IS THE RENEWAL 26,518
FEE FOR THE CURRENT CERTIFICATION PERIOD, PLUS THE RENEWAL FEE
FOR EACH PREVIOUS RENEWAL PERIOD IN WHICH THE CERTIFICATE WAS NOT 26,520
RENEWED, PLUS A PENALTY OF TWENTY-FIVE PER CENT OF THE TOTAL 26,521
RENEWAL FEES FOR EACH RENEWAL PERIOD OR PART THEREOF IN WHICH THE 26,522
CERTIFICATE WAS NOT RENEWED, ON THE CONDITION THAT THE MAXIMUM 26,523
FEE SHALL NOT EXCEED AN AMOUNT ESTABLISHED BY THE BOARD.
(C) The board ALSO shall establish reexamination THE 26,525
FOLLOWING fees for: 26,526
(1) THE FEE FOR TAKING OR retaking parts of the 26,529
examination described in division (C) of section 4703.34 of the 26,530
Revised Code at amounts AN AMOUNT adequate to cover the expenses 26,532
of procuring and grading such parts THE EXAMINATION PLUS A FEE 26,533
FOR RETAKING ALL OR PARTS OF THE REQUIRED EXAMINATION. 26,534
618
(D) The board shall establish the (2) THE fee to be paid 26,537
by an applicant for a certificate of qualification or duplicate 26,538
thereof, as issued to a landscape architect registered under 26,539
sections 4703.33 to 4703.38 of the Revised Code. 26,540
(E) The board shall establish the fee to be paid by an 26,542
applicant for registration under section 4703.35 of the Revised 26,543
Code. 26,544
(F) The board shall establish a (3) THE FEE FOR THE 26,547
BIENNIAL RENEWAL OF THE CERTIFICATE OF QUALIFICATION AND THE FEE 26,548
FOR A DUPLICATE RENEWAL CARD.
(4) THE fee to be charged an examinee for administering an 26,551
examination to him THE EXAMINEE on behalf of another 26,553
jurisdiction.
(G) The board shall establish the (5) THE fee for a 26,556
certificate of authorization issued under division (F) of section 26,557
4703.331 of the Revised Code and, the fee for annual renewal of a 26,558
certificate of authorization. The board shall establish, AND the 26,560
fee for a duplicate certificate of authorization. 26,562
(H) The board shall establish the fee for the annual 26,564
renewal of the certificate of qualification and the fee for a 26,565
duplicate renewal card. 26,566
(I) The fee to restore an expired certificate of 26,568
qualification shall be the renewal fee for the current year, plus 26,569
the renewal fee for each year in which the certificate was not 26,570
renewed, plus a penalty of ten per cent for each delinquent year 26,571
or part thereof; provided, however, the maximum fee shall not 26,572
exceed the combined fees and penalties for the current year and 26,573
the four previous years. 26,574
Sec. 4709.01. As used in this chapter: 26,583
(A) "The (1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 26,586
THIS SECTION, "THE practice of barbering" means any one or more 26,587
of the following when performed upon the head, neck, or face for 26,588
cosmetic purposes and when performed upon the public for pay, 26,589
free, or otherwise: 26,590
619
(1)(a) Shaving the face, shaving around the vicinity of 26,592
the ears and neckline, or trimming facial hair; 26,593
(2)(b) Cutting or styling hair; 26,595
(3)(c) Facials, skin care, or scalp massages; 26,597
(4)(d) Shampooing, bleaching, coloring, straightening, or 26,599
permanent waving hair; 26,600
(5)(e) Cutting, fitting, or forming head caps for wigs or 26,602
hair pieces; 26,603
(6) Noninvasive hair weaving. 26,605
(2) "THE PRACTICE OF BARBERING" DOES NOT INCLUDE THE 26,607
PRACTICE OF NATURAL HAIR STYLING. 26,608
(B) "Sanitary" means free of infectious agents, disease, 26,610
or infestation by insects or vermin and free of soil, dust, or 26,611
foreign material. 26,612
(C) "Barber" means any person who engages in or attempts 26,614
to engage in the practice of barbering. 26,615
(D) "Barber school" means any establishment that engages 26,617
in or attempts to engage in the teaching of the practice of 26,618
barbering. 26,619
(E) "Barber teacher" means any person who engages in or 26,621
attempts to engage in the teaching of the practice of barbering. 26,622
(F) "Assistant barber teacher" means any person who 26,624
assists a barber teacher in the teaching of the practice of 26,625
barbering. 26,626
(G) "Barber pole" means a cylinder or pole with 26,628
alternating stripes of any combination including red and white, 26,629
and red, white, and blue, which run diagonally along the length 26,630
of the cylinder or pole. 26,631
(H) "THE PRACTICE OF NATURAL HAIR STYLING" MEANS WORK DONE 26,634
FOR A FEE OR OTHER FORM OF COMPENSATION, BY ANY PERSON, UTILIZING 26,635
TECHNIQUES PERFORMED BY HAND THAT RESULT IN TENSION ON HAIR ROOTS 26,636
SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, OR 26,637
BRAIDING OF THE HAIR, AND WHICH WORK DOES NOT INCLUDE THE 26,638
APPLICATION OF DYES, REACTIVE CHEMICALS, OR OTHER PREPARATIONS TO 26,639
620
ALTER THE COLOR OR TO STRAIGHTEN, CURL, OR ALTER THE STRUCTURE OF 26,640
THE HAIR.
(I) "BRAIDING" MEANS INTERTWINING THE HAIR IN A SYSTEMATIC 26,643
MOTION TO CREATE PATTERNS IN A THREE-DIMENSIONAL FORM, INVERTING 26,644
THE HAIR AGAINST THE SCALP ALONG PART OF A STRAIGHT OR CURVED ROW 26,645
OF INTERTWINED HAIR, OR TWISTING THE HAIR IN A SYSTEMATIC MOTION, 26,646
AND INCLUDES EXTENDING THE HAIR WITH NATURAL OR SYNTHETIC HAIR 26,647
FIBERS.
Sec. 4712.01. As used in sections 4712.01 to 4712.14 of 26,656
the Revised Code: 26,657
(A) "Buyer" means an individual who is solicited to 26,659
purchase or who purchases the services of a credit services 26,660
organization for purposes other than obtaining a business loan as 26,661
described in division (B)(6) of section 1343.01 of the Revised 26,662
Code. 26,663
(B) "Consumer reporting agency" has the same meaning as in 26,665
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 26,666
1681a, as amended. 26,667
(C)(1) "Credit services organization" means any person 26,669
that charges or receives, directly from the buyer, money or other 26,670
valuable consideration readily convertible into money, and that 26,671
sells, provides, or performs, or represents that the person can 26,672
or will sell, provide, or perform, any of the following services: 26,673
(a) Improving a buyer's credit record, history, or rating; 26,675
(b) Obtaining an extension of credit for a buyer; 26,677
(c) Providing advice or assistance to a buyer in 26,679
connection with division (C)(1)(a) or (b) of this section; 26,680
(d) Removing adverse credit information that is accurate 26,682
and not obsolete from the buyer's credit record, history, or 26,683
rating; 26,684
(e) Altering the buyer's identification to prevent the 26,686
display of the buyer's credit record, history, or rating. 26,687
(2) "Credit services organization" does not include any of 26,689
the following: 26,690
621
(a) A person that makes or collects loans, to the extent 26,692
these activities are subject to licensure or registration by this 26,693
state; 26,694
(b) A mortgage broker, as defined in division (E) of 26,696
section 1322.01 of the Revised Code, that holds a valid 26,697
certificate of registration under sections 1322.01 to 1322.12 of 26,698
the Revised Code; 26,699
(c) A lender approved by the United States secretary of 26,701
housing and urban development for participation in a mortgage 26,702
insurance program under the "National Housing Act," 48 Stat. 1246 26,703
(1934), 12 U.S.C.A. 1701, as amended; 26,704
(d) A bank, savings bank, or savings and loan association, 26,706
or a subsidiary or an affiliate of a bank, savings bank, or 26,707
savings and loan association. For purposes of division (C)(2)(d) 26,708
of this section, "affiliate" has the same meaning as in division 26,709
(A) of section 1101.01 of the Revised Code and "bank," as used in 26,710
division (A) of section 1101.01 of the Revised Code, is deemed to 26,711
include a savings bank or savings and loan association. 26,712
(e) A credit union organized and qualified under Chapter 26,714
1733. of the Revised Code or the "Federal Credit Union Act," 84 26,715
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended; 26,716
(f) A budget and debt counseling service, as defined in 26,719
division (D) of section 2716.03 of the Revised Code, provided 26,720
that the service is a nonprofit organization exempt from taxation 26,721
under section 501(c)(3) of the "Internal Revenue Code of 1986," 26,722
100 Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service 26,723
is in compliance with Chapter 4710. of the Revised Code; 26,724
(g) A consumer reporting agency that is in substantial 26,726
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 26,727
15 U.S.C.A. 1681a, as amended. 26,728
(h) A mortgage banker; 26,730
(i) Any political subdivision, or any governmental or 26,732
other public entity, corporation, or agency, in or of the United 26,733
States or any state of the United States; 26,734
622
(j) A college or university, or controlled entity of a 26,736
college or university, as defined in section 1713.05 of the 26,737
Revised Code; 26,738
(k) A MOTOR VEHICLE DEALER LICENSED PURSUANT TO CHAPTER 26,740
4517. OF THE REVISED CODE OR A MOTOR VEHICLE AUCTION OWNER 26,741
LICENSED PURSUANT TO CHAPTERS 4517. AND 4707. OF THE REVISED 26,742
CODE.
(D) "Extension of credit" means the right to defer payment 26,744
of debt, or to incur debt and defer its payment, offered or 26,745
granted primarily for personal, family, or household purposes. 26,746
"Extension of credit" does not include a mortgage. 26,747
(E) "Mortgage" means any indebtedness secured by a deed of 26,749
trust, security deed, or other lien on real property. 26,750
(F) "Mortgage banker" means any person that makes, 26,752
services, or buys and sells mortgage loans and is approved by the 26,753
United States department of housing and urban development, the 26,754
United States department of veterans affairs, the federal 26,755
national mortgage association, or the federal home loan mortgage 26,756
corporation. 26,757
(G) "Superintendent of financial institutions" includes 26,759
the deputy superintendent for consumer finance as provided in 26,760
section 1181.21 of the Revised Code. 26,761
Sec. 4713.01. As used in sections 4713.01 to 4713.21 of 26,770
the Revised Code: 26,771
(A) The(1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS 26,774
SECTION, THE practice of cosmetology includes work done for pay, 26,775
free, or otherwise, by any person, which work is usually
performed by hairdressers, cosmetologists, cosmeticians, or 26,776
beauty culturists, however denominated, in beauty salons; which 26,777
work is for the embellishment, cleanliness, and beautification of 26,778
hair, wigs, and postiches, such as arranging, dressing, pressing, 26,779
curling, waving, permanent waving, cleansing, cutting, singeing, 26,780
bleaching, coloring, weaving, or similar work, and the massaging, 26,781
cleansing, stimulating, manipulating, exercising, or similar work 26,782
623
by the use of manual massage techniques or mechanical or 26,783
electrically operated apparatus or appliances, or cosmetics, 26,784
preparations, tonics, antiseptics, creams, or lotions, and of 26,785
manicuring the nails or application of artificial nails, which 26,786
enumerated practices shall be inclusive of the practice of 26,787
cosmetology, but not in limitation thereof. Sections 4713.01 to 26,788
4713.21 of the Revised Code do not permit any of the services or 26,789
arts described in this division to be used for the treatment or 26,790
cure of any physical or mental diseases or ailments. 26,791
(2) THE PRACTICE OF COSMETOLOGY DOES NOT INCLUDE EITHER OF 26,793
THE FOLLOWING: 26,794
(a) The retail sale or the trial demonstration by 26,796
application to the skin for purposes of retail sale of cosmetics, 26,797
preparations, tonics, antiseptics, creams, lotions, wigs, and 26,798
postiches shall not be considered the practice of cosmetology; 26,799
(b) THE PRACTICE OF NATURAL HAIR STYLING. 26,801
(B) "Cosmetologist," "cosmetician," "beauty culturist," 26,803
or "hairdresser," means any person who, for pay, free, or 26,804
otherwise, engages in the practice of cosmetology. 26,805
(C) "Manicurist" means any person who, for pay, free, or 26,807
otherwise, engages only in the occupation of manicuring the nails 26,808
of any person or the application of artificial or sculptured 26,809
nails, or both. 26,810
(D) "The practice of esthetics" includes work done for 26,812
pay, free, or otherwise, by any person, which work is the 26,813
application of cosmetics, tonics, antiseptics, creams, lotions, 26,814
or other preparations for the purpose of skin beautification and 26,815
includes preparation of the skin by manual massage techniques or 26,816
by use of electrical, mechanical, or other apparatus. 26,817
(E) "Esthetician" means any person who, for pay, free, or 26,819
otherwise, engages only in the practice of esthetics. 26,820
(F) "Beauty salon" means any premises, building, or part 26,822
of a building, in which any branch of cosmetology, except the 26,823
occupation of a manicurist when carried on in a barber shop 26,824
624
licensed under Chapter 4709. of the Revised Code, or the 26,825
occupation of a cosmetologist is practiced. 26,826
(G) "Student" means any person who is engaged in learning 26,828
or acquiring knowledge of the occupation of a cosmetologist, 26,829
manicurist, or esthetician in a school of cosmetology. 26,830
(H) "School of cosmetology" means any premises, building, 26,832
or part of a building in which students are instructed in the 26,833
theories and practices of cosmetology, manicuring, and esthetics. 26,834
(I) "Managing cosmetologist" means any person who has met 26,836
the requirements of division (D) of section 4713.04 of the 26,837
Revised Code, and has applied for and received a managing 26,838
cosmetologist license. 26,839
(J) "Cosmetology instructor" means any person who has met 26,841
the requirements of division (E) of section 4713.04 of the 26,842
Revised Code, and has applied for and received an instructor's 26,843
license. 26,844
(K) "Apprentice instructor" means any licensee of the 26,846
state board of cosmetology who is engaged in learning or 26,847
acquiring knowledge of the occupation of an instructor, in any 26,848
branch of cosmetology in a duly licensed school of cosmetology. 26,850
(L) "Cosmetic therapy" and "cosmetic therapist" have the 26,852
same meanings as in section 4731.15 of the Revised Code. 26,853
(M) "Nail salon" means any premises, building, or part of 26,855
a building in which manicurists engage only in the occupation of 26,856
manicuring the nails of any person or the application of 26,857
artificial or sculptured nails, or both. For administrative 26,858
purposes, a nail salon is deemed the equivalent of a beauty salon 26,859
and is subject to appropriate rules with respect to sanitation 26,860
and sterilization. A licensed manicurist may practice the 26,861
occupation of manicuring nails in a nail salon, in a beauty 26,862
salon, or in a barber shop. 26,863
(N) "Esthetics salon" means any premises, building, or 26,865
part of a building in which esthetics is performed by a person 26,866
licensed as a cosmetologist or esthetician. For administrative 26,867
625
purposes, an esthetics salon is deemed the equivalent of a beauty 26,868
salon and is subject to the appropriate rules with respect to 26,869
sanitation and sterilization. 26,870
(O) "Managing manicurist" means any person who has met the 26,872
requirements of division (H) of section 4713.04 of the Revised 26,873
Code, and has applied for and received a managing manicurist 26,874
license. 26,875
(P) "Manicurist instructor" means any person who meets the 26,877
requirements of division (L) of section 4713.04 of the Revised 26,878
Code and who has applied for and received a manicurist instructor 26,879
license. 26,880
(Q) "Managing esthetician" means any person who has met 26,882
the requirements of division (J) of section 4713.04 of the 26,883
Revised Code, and has applied for and received a managing 26,884
esthetician's license. 26,885
(R) "Esthetics instructor" means any person who meets the 26,887
requirements of division (K) of section 4713.04 of the Revised 26,888
Code and who has applied for and received an esthetics instructor 26,889
license. 26,890
(S) "Glamour photography" means the combination of a 26,892
photographic service or product with the delivery of a 26,893
cosmetology service advertised or sold to the public. 26,894
(T) "THE PRACTICE OF NATURAL HAIR STYLING" MEANS WORK DONE 26,897
FOR A FEE OR OTHER FORM OF COMPENSATION, BY ANY PERSON, UTILIZING 26,898
TECHNIQUES PERFORMED BY HAND THAT RESULT IN TENSION ON HAIR ROOTS 26,899
SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, OR 26,900
BRAIDING OF THE HAIR, AND WHICH WORK DOES NOT INCLUDE THE 26,901
APPLICATION OF DYES, REACTIVE CHEMICALS, OR OTHER PREPARATIONS TO 26,902
ALTER THE COLOR OR TO STRAIGHTEN, CURL, OR ALTER THE STRUCTURE OF 26,903
THE HAIR.
(U) "BRAIDING" MEANS INTERTWINING THE HAIR IN A SYSTEMATIC 26,906
MOTION TO CREATE PATTERNS IN A THREE-DIMENSIONAL FORM, INVERTING 26,907
THE HAIR AGAINST THE SCALP ALONG PART OF A STRAIGHT OR CURVED ROW 26,908
OF INTERTWINED HAIR, OR TWISTING THE HAIR IN A SYSTEMATIC MOTION, 26,909
626
AND INCLUDES EXTENDING THE HAIR WITH NATURAL OR SYNTHETIC HAIR 26,910
FIBERS.
Sec. 4713.10. The state board of cosmetology shall charge 26,919
and collect the following fees: 26,920
(A) For application to take the examination for a license 26,922
to practice cosmetology, or any branch thereof, twenty-one 26,923
dollars; 26,924
(B) For the re-examination of any applicant who has 26,926
previously failed to pass the examination, fourteen dollars; 26,927
(C) For the issuance or renewal of a cosmetology, 26,929
manicurist, or esthetics instructor's license, twenty-five THIRTY 26,931
dollars; 26,932
(D) For the issuance or renewal of a managing 26,934
cosmetologist's, managing manicurist's, or managing esthetician's 26,935
license, twenty THIRTY dollars; 26,936
(E) For the issuance or renewal of a cosmetology school 26,938
license, two hundred fifty dollars; 26,939
(F) For the inspection and issuance of a new beauty salon, 26,941
nail salon, or esthetics salon or the change of name or ownership 26,942
of a beauty salon, nail salon, or esthetics salon license, fifty 26,943
SIXTY dollars; 26,945
(G) For the renewal of a beauty salon, nail salon, or 26,947
esthetics salon license, forty FIFTY dollars; 26,948
(H) For the issuance or renewal of a cosmetologist's, 26,950
manicurist's, or esthetician's license, twenty THIRTY dollars; 26,951
(I) For the restoration of any lapsed license which may be 26,953
restored pursuant to section 4713.11 of the Revised Code, and in 26,954
addition to the payments required by that section, twenty THIRTY 26,955
dollars; 26,956
(J) For the issuance of a license under section 4713.09 of 26,958
the Revised Code, fifty SIXTY dollars; 26,959
(K) For the issuance of a duplicate of any license, ten 26,961
FIFTEEN dollars; 26,962
(L) For the preparation and mailing of a licensee's 26,964
627
records to another state for a reciprocity license, fifty 26,965
dollars; 26,966
(M) For the processing of any fees related to a check from 26,968
a licensee returned to the board for insufficient funds, an 26,969
additional twenty dollars.
Each applicant shall, in addition to the fees specified, 26,971
furnish his THE APPLICANT'S own models. 26,972
Sec. 4713.17. The state board of cosmetology, pursuant to 26,981
an adjudicatory hearing under (A) IN ACCORDANCE WITH Chapter 26,983
119. of the Revised Code, THE STATE BOARD OF COSMETOLOGY may 26,984
impose one or more of the following sanctions: deny, revoke, or 26,985
suspend a license or permit issued by the board or impose a fine 26,986
of not more than one hundred dollars per violation. The
sanctions may be imposed for any of the following: 26,987
(A)(1) Failure of a person operating a nail salon, beauty 26,989
salon, esthetics salon, tanning facility, or school of 26,990
cosmetology to comply with the requirements of sections 4713.01 26,991
to 4713.25 of the Revised Code; 26,992
(B)(2) Failure to comply with the sanitary rules adopted 26,994
by the board or by the department of health for the regulation of 26,995
nail salons, beauty salons, esthetics salons, schools of 26,996
cosmetology, or the practice of cosmetology; 26,997
(C)(3) Failure of a person operating a beauty salon or 26,999
nail salon where massage services are provided under section 27,000
4713.14 of the Revised Code to ensure that the person providing 27,001
the massage services complies with the sanitary rules adopted by 27,002
the board or by the department of health for the regulation of 27,003
salons; 27,004
(D)(4) Continued practice by a person knowingly having an 27,006
infectious or contagious disease; 27,007
(E)(5) Habitual drunkenness or addiction to any 27,009
habit-forming drug; 27,010
(F)(6) Willful false and fraudulent or deceptive 27,012
advertising;
628
(G)(7) Falsification of any record or application required 27,014
to be filed with the board; 27,015
(8) FAILURE TO PAY A FINE OR ABIDE BY A SUSPENSION ORDER 27,017
ISSUED BY THE BOARD. 27,018
A person who is alleged to have violated a provision of 27,020
this chapter for which the board proposes to impose a fine may 27,021
pay the board the amount of the fine and waive his right to an 27,023
adjudicatory hearing under Chapter 119. of the Revised Code.
(B) IF A PERSON FAILS TO REQUEST A HEARING WITHIN THIRTY 27,025
DAYS OF THE DATE THE BOARD, IN ACCORDANCE WITH SECTION 119.07 OF 27,026
THE REVISED CODE, NOTIFIES THE PERSON OF THE BOARD'S INTENT TO 27,028
ACT AGAINST THE PERSON UNDER DIVISION (A) OF THIS SECTION, THE 27,029
BOARD BY A MAJORITY VOTE OF A QUORUM OF THE BOARD MEMBERS MAY 27,030
TAKE THE ACTION AGAINST THE PERSON WITHOUT HOLDING AN
ADJUDICATION HEARING. 27,031
Sec. 4717.03. (A) Members of the board of embalmers and 27,041
funeral directors shall annually in July, or within thirty days 27,042
after the senate's confirmation of the new members appointed in 27,043
that year, meet and organize by selecting from among its members 27,044
a president, vice-president, and secretary-treasurer. The board 27,045
may hold other meetings as it determines necessary. A quorum of 27,046
the board consists of four members, of whom at least three shall 27,047
be members who are embalmers and funeral directors. The 27,048
concurrence of at least four members is necessary for the board 27,049
to take any action. The president and secretary-treasurer shall 27,050
sign all licenses issued under this chapter and affix the board's 27,051
seal to each license. 27,052
(B) The board may appoint an individual who is not a 27,055
member of the board to serve as executive director of the board. 27,056
The executive director serves at the pleasure of the board and 27,057
shall do all of the following:
(1) Serve as the board's chief administrative officer; 27,059
(2) Act as custodian of the board's records; 27,061
(3) Execute all of the board's orders. 27,063
629
In executing the board's orders, the executive director may 27,066
enter the premises, establishment, office, or place of business 27,067
of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and 27,068
execute any process issued by any court under this chapter. 27,069
(C) The board may employ clerical or technical staff who 27,072
are not members of the board and who serve at the pleasure of the 27,073
board to provide any clerical or technical assistance the board 27,074
considers necessary. The board may employ necessary inspectors, 27,075
who shall be licensed embalmers and funeral directors. Any 27,076
inspector employed by the board may enter the premises, 27,077
establishment, office, or place of business of any embalmer, 27,078
funeral director, or operator of a crematory facility in this
state, for the purposes of inspecting the facility and premises; 27,079
the license and registration of embalmers and funeral directors 27,080
operating in the facility; and the license of the funeral home, 27,082
embalming facility, or crematory. The inspector shall serve and 27,083
execute any process issued by any court under this chapter, serve 27,084
and execute any papers or process issued by the board or any 27,085
officer or member of the board, and perform any other duties 27,086
delegated by the board.
(D) The president of the board shall designate three of 27,089
its members to serve on the crematory review board, which is 27,090
hereby created, for such time as the president finds appropriate
to carry out the provisions of this chapter. Those members of 27,091
the crematory review board designated by the president to serve 27,092
and three members designated by the cemetery dispute resolution 27,094
commission shall designate, by a majority vote, one person who is 27,095
experienced in the operation of a crematory facility and who is
not affiliated with a cemetery or a funeral home to serve on the 27,096
crematory review board for such time as the crematory review 27,097
board finds appropriate. Members serving on the crematory review 27,098
board shall not receive any additional compensation for serving 27,099
on the board, but may be reimbursed for their actual and 27,100
630
necessary expenses incurred in the performance of official duties
as members of the board. Members of the crematory review board 27,101
shall designate one from among its members to serve as a 27,102
chairperson for such time as the board finds appropriate. Costs 27,103
associated with conducting an adjudicatory hearing in accordance 27,104
with division (E) of this section shall be paid from funds 27,105
available to the board of embalmers and funeral directors. 27,106
(E) Upon receiving written notice from the board of 27,109
embalmers and funeral directors of any of the following, the 27,110
crematory review board shall conduct an adjudicatory hearing on 27,111
the matter in accordance with Chapter 119. of the Revised Code, 27,112
except as otherwise provided in this section or division (C) of 27,114
section 4717.14 of the Revised Code: 27,115
(1) Notice provided under division (H) of this section of 27,117
an alleged violation of any provision of this chapter or any 27,118
rules adopted under this chapter, or section 1107.33 1111.19 of 27,120
the Revised Code, governing or in connection with crematory 27,124
facilities or cremation;
(2) Notice provided under division (B) of section 4717.14 27,127
of the Revised Code that the board of embalmers and funeral 27,128
directors proposes to refuse to grant or renew, or to suspend or 27,130
revoke, a license to operate a crematory facility; 27,131
(3) Notice provided under division (C) of section 4717.14 27,133
of the Revised Code that the board of embalmers and funeral 27,134
directors has issued an order summarily suspending a license to 27,135
operate a crematory facility; 27,136
(4) Notice provided under division (B) of section 4717.15 27,138
of the Revised Code that the board of embalmers and funeral 27,139
directors proposes to issue a notice of violation and order 27,140
requiring payment of a forfeiture for any violation described in 27,141
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised Code 27,144
alleged in connection with a crematory facility or cremation. 27,145
Nothing in division (E) of this section precludes the 27,147
crematory review board from appointing an independent examiner in 27,148
631
accordance with section 119.09 of the Revised Code to conduct any 27,149
adjudication hearing required under division (E) of this section. 27,150
The crematory review board shall submit a written report of 27,153
findings and advisory recommendations, and a written transcript 27,154
of its proceedings, to the board of embalmers and funeral 27,155
directors. The board of embalmers and funeral directors shall 27,156
serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to the 27,158
adjudication or the party's attorney, by certified mail, within 27,159
five days after receiving the report and advisory
recommendations. A party may file objections to the written 27,160
report with the board of embalmers and funeral directors within 27,161
ten days after receiving the report. No written report is final 27,163
or appealable until it is issued as a final order by the board of 27,164
embalmers and funeral directors and entered on the record of the 27,165
proceedings. The board of embalmers and funeral directors shall 27,166
consider objections filed by the party prior to issuing a final 27,167
order. After reviewing the findings and advisory recommendations 27,168
of the crematory review board, the written transcript of the 27,169
crematory review board's proceedings, and any objections filed by 27,170
a party, the board of embalmers and funeral directors shall issue 27,171
a final order in the matter. Any party may appeal the final 27,172
order issued by the board of embalmers and funeral directors in a 27,173
matter described in divisions (E)(1) to (4) of this section in 27,175
accordance with section 119.12 of the Revised Code, except that 27,176
the appeal may be made to the court of common pleas in the county 27,177
in which is located the crematory facility to which the final 27,178
order pertains, or in the county in which the party resides. 27,179
(F) On its own initiative or on receiving a written 27,182
complaint from any person whose identity is made known to the 27,183
board of embalmers and funeral directors, the board shall
investigate the acts or practices of any person holding or 27,185
claiming to hold a license or registration under this chapter 27,186
that, if proven to have occurred, would violate this chapter or 27,187
632
any rules adopted under it, or section 1107.33 1111.19 of the 27,188
Revised Code. The board may compel witnesses by subpoena to 27,190
appear and testify in relation to investigations conducted under 27,191
this chapter and may require by subpoena duces tecum the 27,192
production of any book, paper, or document pertaining to an 27,193
investigation. If a person does not comply with a subpoena or 27,194
subpoena duces tecum, the board may apply to the court of common 27,195
pleas of any county in this state for an order compelling the 27,196
person to comply with the subpoena or subpoena duces tecum, or 27,197
for failure to do so, to be held in contempt of court. 27,198
(G) If, as a result of its investigation conducted under 27,200
division (F) of this section, the board of embalmers and funeral 27,201
directors has reasonable cause to believe that the person 27,202
investigated is violating any provision of this chapter or any 27,203
rules adopted under this chapter, or section 1107.33 1111.19 of 27,205
the Revised Code, governing or in connection with embalming, 27,207
funeral directing, funeral homes, embalming facilities, or the 27,208
operation of funeral homes or embalming facilities, it may, after 27,209
providing the opportunity for an adjudicatory hearing, issue an
order directing the person to cease the acts or practices that 27,211
constitute the violation. The board shall conduct the 27,212
adjudicatory hearing in accordance with Chapter 119. of the 27,213
Revised Code except that, notwithstanding the provisions of that 27,214
chapter, the following shall apply: 27,215
(1) The board shall send the notice informing the person 27,218
of the person's right to a hearing by certified mail.
(2) The person is entitled to a hearing only if the person 27,220
requests a hearing and if the board receives the request within 27,221
thirty days after the mailing of the notice described in division 27,223
(G)(1) of this section.
(3) A stenographic record shall be taken, in the manner 27,225
prescribed in section 119.09 of the Revised Code, at every 27,227
adjudicatory hearing held under this section, regardless of 27,228
whether the record may be the basis of an appeal to a court.
633
(H) If, as a result of its investigation conducted under 27,231
division (F) of this section, the board of embalmers and funeral 27,232
directors has reasonable cause to believe that the person 27,233
investigated is violating any provision of this chapter or any 27,234
rules adopted under this chapter, or section 1107.33 1111.19 of 27,235
the Revised Code, governing or in connection with crematory 27,237
facilities or cremation, the board shall send written notice of 27,238
the alleged violation to the crematory review board. If, after 27,239
the conclusion of the adjudicatory hearing in the matter 27,240
conducted under division (E) of this section, the board of 27,242
embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted 27,243
under this chapter, or section 1107.33 1111.19 of the Revised 27,245
Code, governing or in connection with crematory facilities or 27,246
cremation, the board may issue a final order under that division 27,247
directing the person to cease the acts or practices that 27,248
constitute the violation. 27,249
(I) The board of embalmers and funeral directors may bring 27,251
a civil action to enjoin any violation or threatened violation of 27,252
section 1107.33 1111.19; sections 4717.01 to 4717.15 of the 27,253
Revised Code or a rule adopted under any of those sections; 27,255
division (A) or (B) of section 4717.23; division (B)(1) or (2), 27,257
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to 27,258
(K) of section 4717.26; division (D)(1) of section 4717.27; or 27,259
divisions (A) to (C) of section 4717.28 of the Revised Code. The 27,261
action shall be brought in the county where the violation 27,262
occurred or the threatened violation is expected to occur. At 27,263
the request of the board, the attorney general shall represent 27,264
the board in any matter arising under this chapter. 27,265
(J) The board of embalmers and funeral directors and the 27,267
crematory review board may issue subpoenas for funeral directors 27,269
and embalmers or persons holding themselves out as such, for 27,270
operators of crematory facilities or persons holding themselves
out as such, or for any other person whose testimony, in the 27,271
634
opinion of either board, is necessary. The subpoena shall 27,272
require the person to appear before the appropriate board or any 27,273
designated member of either board, upon any hearing conducted 27,274
under this chapter. The penalty for disobedience to the command 27,275
of such a subpoena is the same as for refusal to answer such a 27,276
process issued under authority of the court of common pleas. 27,277
(K) All moneys received by the board of embalmers and 27,279
funeral directors from any source shall be deposited in the state 27,280
treasury to the credit of the occupational licensing and 27,281
regulatory fund created in section 4743.05 of the Revised Code. 27,282
(L) The board of embalmers and funeral directors shall 27,284
submit a written report to the governor on or before the first 27,285
Monday of July of each year. This report shall contain a 27,286
detailed statement of the nature and amount of the board's 27,287
receipts and the amount and manner of its expenditures. 27,288
Sec. 4717.05. (A) Any person who desires to be licensed 27,298
as an embalmer shall apply to the board of embalmers and funeral 27,299
directors on a form provided by the board. The applicant shall 27,300
include with the application an initial license fee as set forth 27,301
in section 4717.07 of the Revised Code and evidence, verified by 27,302
oath and satisfactory to the board, that the applicant meets all 27,303
of the following requirements:
(1) The applicant is at least eighteen years of age and of 27,305
good moral character. 27,306
(2) If the applicant has pleaded guilty to, has been found 27,308
by a judge or jury to be guilty of, or has had a judicial finding 27,309
of eligibility for treatment in lieu of conviction entered 27,310
against the applicant in this state for aggravated murder, 27,311
murder, voluntary manslaughter, felonious assault, kidnapping, 27,312
rape, sexual battery, gross sexual imposition, aggravated arson, 27,313
aggravated robbery, or aggravated burglary, or has pleaded guilty 27,314
to, has been found by a judge or jury to be guilty of, or has had 27,316
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction 27,317
635
for a substantially equivalent offense, at least five years has 27,318
elapsed since the applicant was released from incarceration, 27,319
probation, parole, or treatment in connection with the offense. 27,320
(3) The applicant holds at least a bachelor's degree or 27,322
its equivalent from a college or university authorized to confer 27,323
degrees by the Ohio board of regents or the comparable legal 27,325
agency of another state in which the college or university is 27,326
located and submits an official transcript from that college or
university with the application. 27,327
(4) The applicant has satisfactorily completed at least 27,330
twelve months of instruction in a prescribed course in mortuary 27,331
science as approved by the board, and has presented to the board 27,332
a certificate showing successful completion of the course. The 27,333
course of mortuary science college training may be completed
either before or after the completion of the educational standard 27,334
set forth in division (A)(3) of this section. 27,335
(5) The applicant has registered with the board prior to 27,337
beginning an embalmer apprenticeship. 27,338
(6) The applicant has satisfactorily completed at least 27,340
one year of apprenticeship under an embalmer licensed in this 27,341
state and has assisted that person in embalming at least 27,342
twenty-five dead human bodies. 27,343
(7) The applicant, upon meeting the educational standards 27,346
provided for in divisions (A)(3) and (4) of this section and 27,347
completing the apprenticeship required in division (A)(6) of this 27,348
section, has completed the examination for an embalmer's license 27,349
required by the board.
(B) Upon receiving satisfactory evidence verified by oath 27,352
that the applicant meets all the requirements of division (A) of 27,353
this section, the board shall issue the applicant an embalmer's 27,354
license.
(C) Any person who desires to be licensed as a funeral 27,357
director shall apply to the board on a form provided by the 27,358
board. The application shall include an initial license fee as 27,359
636
set forth in section 4717.07 of the Revised Code and evidence, 27,360
verified by oath and satisfactory to the board, that the 27,361
applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this 27,364
section, the applicant has satisfactorily met all the
requirements for an embalmer's license as described in divisions 27,365
(A)(1) to (4) of this section. 27,366
(2) The applicant has registered with the board prior to 27,368
beginning a funeral director apprenticeship. 27,369
(3) The applicant, following mortuary science college 27,371
training described in division (A)(4) of this section, has served 27,372
a one-year apprenticeship under a licensed funeral director in 27,373
this state and has assisted that person in directing at least 27,374
twenty-five funerals. 27,375
(4) The applicant has satisfactorily completed the 27,377
examination for a funeral director's license as required by the 27,378
board.
(D) In lieu of mortuary science college training required 27,381
for a funeral director's license under division (C)(1) of this 27,382
section, the applicant may substitute a two-year apprenticeship 27,383
under a licensed funeral director in this state assisting that 27,384
person in directing at least fifty funerals. 27,385
(E) Upon receiving satisfactory evidence that the 27,388
applicant meets all the requirements of division (C) of this 27,389
section, the board shall issue TO the applicant a funeral
director's license. 27,390
Sec. 4717.07. (A) The board of embalmers and funeral 27,400
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral 27,402
director's license, five dollars; 27,403
(2) For the issuance of an embalmer or funeral director 27,405
registration, twenty-five dollars; 27,406
(3) For filing an embalmer or funeral director certificate 27,408
of apprenticeship, ten dollars; 27,409
637
(4) For the application to take the examination for a 27,411
license to practice as an embalmer or funeral director, or to 27,412
retake a section of the examination, thirty-five dollars; 27,413
(5) For the renewal of an embalmer's or funeral director's 27,416
license, thirty FIFTY dollars;
(6) For the issuance and renewal of a license to operate a 27,419
funeral home, one hundred twenty-five dollars;
(7) For the reinstatement of a lapsed embalmer's or 27,421
funeral director's license, the renewal fee prescribed in 27,422
division (A)(5) of this section plus fifty dollars for each month 27,423
or portion of a month the license is lapsed until reinstatement; 27,424
(8) For the reinstatement of a lapsed license to operate a 27,427
funeral home, the renewal fee prescribed in division (A)(6) of 27,428
this section plus fifty dollars for each month or portion of a
month the license is lapsed until reinstatement; 27,429
(9) For the issuance and renewal of a license to operate 27,432
an embalming facility, one hundred dollars;
(10) For the reinstatement of a lapsed license to operate 27,435
an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or 27,436
portion of a month the license is lapsed until reinstatement; 27,437
(11) For the issuance and renewal of a license to operate 27,440
a crematory facility, one hundred dollars;
(12) For the reinstatement of a lapsed license to operate 27,443
a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or 27,444
portion of a month the license is lapsed until reinstatement; 27,445
(13) For the issuance of a duplicate of a license issued 27,447
under this chapter, four dollars. 27,448
(B) In addition to the fees set forth in division (A) of 27,451
this section, an applicant shall pay the examination fee assessed 27,452
by any examining agency the board uses for any section of an 27,453
examination required under this chapter.
(C) Subject to the approval of the controlling board, the 27,456
638
board of embalmers and funeral directors may establish fees in 27,457
excess of the amounts set forth in this section, provided that 27,458
these fees do not exceed the amounts set forth in this section by 27,459
more than fifty per cent.
Sec. 4717.13. (A) No person shall do any of the 27,469
following:
(1) Engage in the business or profession of funeral 27,471
directing unless the person is licensed as a funeral director 27,472
under this chapter, is certified as an apprentice funeral 27,473
director in accordance with rules adopted under section 4717.04 27,474
of the Revised Code and is assisting a funeral director licensed 27,476
under this chapter, or is a student in a college of mortuary
sciences approved by the board and is under the direct 27,477
supervision of a funeral director licensed by the board; 27,478
(2) Engage in embalming unless the person is licensed as 27,480
an embalmer under this chapter, is certified as an apprentice 27,481
embalmer in accordance with rules adopted under section 4717.04 27,482
of the Revised Code and is assisting an embalmer licensed under 27,483
this chapter, or is a student in a college of mortuary science 27,485
approved by the board and is under the direct supervision of an 27,486
embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the 27,489
impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this 27,490
chapter and is employed by or under contract to a licensed 27,491
funeral home and performs funeral directing services for that 27,492
funeral home in a manner consistent with the advertisement, 27,493
offering, or conveyance; 27,494
(4) Advertise or otherwise offer to provide or convey the 27,497
impression that the person provides embalming services unless the 27,498
person is licensed as an embalmer under this chapter and is
employed by or under contract to a licensed funeral home or a 27,499
licensed embalming facility and performs embalming services for 27,500
the funeral home or embalming facility in a manner consistent 27,501
639
with the advertisement, offering, or conveyance; 27,502
(5) Operate a funeral home without a license to operate 27,504
the funeral home issued by the board under this chapter; 27,505
(6) Practice the business or profession of funeral 27,507
directing from any place except from a funeral home that a person 27,508
is licensed to operate under this chapter; 27,509
(7) Practice embalming from any place except from a 27,511
funeral home or embalming facility that a person is licensed to 27,512
operate under this chapter; 27,513
(8) Operate a crematory or perform cremation without a 27,516
license to operate the crematory issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead 27,518
human bodies or body parts are cremated or cremate dead human 27,519
bodies or human body parts in a cremation chamber in which 27,520
animals are cremated.
(B) No funeral director or other person in charge of the 27,523
final disposition of a dead human body shall fail to do one of 27,525
the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag 27,527
encased in a durable and long-lasting material that contains the 27,528
name, date of birth, date of death, and social security number of 27,530
the deceased;
(2) Place in the casket a capsule containing a tag bearing 27,532
the information described in division (B)(1) of this section; 27,534
(3) If the body was cremated, place in the vessel 27,536
containing the cremated remains a tag bearing the information 27,537
described in division (B)(1) of this section. 27,539
(C) No person who holds a funeral home license for a 27,542
funeral home that is closed, or that is owned by a funeral 27,543
business in which changes in the ownership of the funeral 27,544
business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in 27,545
combination with others did not own a majority of the funeral 27,546
business immediately prior to the change in ownership, shall fail 27,547
640
to submit to the board within thirty days after the closing or 27,548
such a change in ownership of the funeral business owning the 27,549
funeral home, a clearly enumerated account of all of the 27,552
following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection 27,553
with the funeral home, was to receive payment for providing 27,554
funeral services, funeral goods, or any combination of those in 27,555
connection with the funeral or final disposition of a dead human 27,556
body: 27,557
(1) Preneed funeral contracts governed by section 1107.33 27,559
1111.19 of the Revised Code; 27,562
(2) Life insurance policies the benefits of which are 27,564
payable to the provider of funeral or burial goods or services; 27,565
(3) Accounts at banks or savings banks insured by the 27,567
federal deposit insurance corporation, savings and loan 27,568
associations insured by the federal savings and loan insurance 27,569
corporation or the Ohio deposit guarantee fund, or credit unions 27,571
insured by the national credit union administration or a credit 27,572
union share guaranty corporation organized under Chapter 1761. of 27,573
the Revised Code that are payable upon the death of the person 27,575
for whose benefit deposits into the accounts were made. 27,576
Sec. 4723.06. (A) The board of nursing shall: 27,585
(1) Administer and enforce the provisions of this chapter, 27,587
including the taking of disciplinary action for violations of 27,588
section 4723.28 of the Revised Code, any other provisions of this 27,589
chapter, or rules promulgated under Chapter 119. of the Revised 27,590
Code; 27,591
(2) Examine applicants for licensure to practice as a 27,593
registered nurse or as a licensed practical nurse; 27,594
(3) Issue and renew licenses as provided in this chapter; 27,596
(4) Define the minimum curricula and standards for 27,598
educational programs of the schools of professional nursing and 27,599
schools of practical nursing in this state; 27,600
(5) Survey, inspect, and grant full approval to 27,602
641
prelicensure nursing education programs that meet the standards 27,604
established by rules adopted under section 4723.07 of the Revised 27,605
Code. Prelicensure nursing education programs include, but are 27,606
not limited to, associate degree, baccalaureate degree, diploma, 27,607
and doctor of nursing programs leading to initial licensure to 27,608
practice nursing as a registered nurse and practical nurse 27,609
programs leading to initial licensure to practice nursing as a 27,610
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 27,612
the board, to a new prelicensure nursing education program or a 27,613
program that is being reestablished after having ceased to 27,615
operate, if the program meets and maintains the minimum standards 27,617
of the board established by rules adopted under section 4723.07 27,618
of the Revised Code. If the board does not grant conditional 27,619
approval, it shall hold a hearing under Chapter 119. of the 27,620
Revised Code to consider conditional approval of the program. If 27,621
the board grants conditional approval, at its first meeting after 27,622
the first class has completed the program, the board shall 27,623
determine whether to grant full approval to the program. If the 27,624
board does not grant full approval or if it appears that the 27,627
program has failed to meet and maintain standards established by 27,628
rules adopted under section 4723.07 of the Revised Code, the 27,629
board shall hold a hearing under Chapter 119. of the Revised Code 27,630
to consider the program. Based on results of the hearing, the 27,631
board may continue or withdraw conditional approval, or grant 27,632
full approval.
(7) Place on provisional approval, for a period of time 27,634
specified by the board, a program that has ceased to meet and 27,636
maintain the minimum standards of the board established by rules 27,637
adopted under section 4723.07 of the Revised Code. At the end of 27,638
the period, the board shall reconsider whether the program meets 27,639
the standards and shall grant full approval if it does. If it 27,641
does not, the board may withdraw approval, pursuant to a hearing 27,642
under Chapter 119. of the Revised Code. 27,643
642
(8) Approve continuing nursing education programs and 27,645
courses under standards established in rules adopted under 27,646
section 4723.07 of the Revised Code; 27,647
(9) Approve peer support programs for nurses under rules 27,649
adopted under section 4723.07 of the Revised Code; 27,650
(10) Establish the alternative program for chemically 27,652
dependent nurses in accordance with section 4723.35 of the 27,653
Revised Code;
(11) ESTABLISH THE PRACTICE INTERVENTION AND IMPROVEMENT 27,655
PROGRAM IN ACCORDANCE WITH SECTION 4723.282 OF THE REVISED CODE; 27,656
(12) Issue and renew certificates of authority to practice 27,658
nursing as a certified registered nurse anesthetist, clinical 27,660
nurse specialist, certified nurse-midwife, or certified nurse 27,661
practitioner;
(12)(13) Approve under section 4723.46 of the Revised Code 27,664
national certifying organizations for examination and 27,665
certification of certified registered nurse anesthetists, 27,666
clinical nurse specialists, certified nurse-midwives, or 27,667
certified nurse practitioners;
(13)(14) Make an annual report to the governor, which 27,669
shall be open for public inspection; 27,671
(14)(15) Maintain and have open for public inspection the 27,673
following records: 27,674
(a) A record of all its meetings and proceedings; 27,676
(b) A file of applicants for and holders of licenses, 27,678
registrations, and certificates granted under this chapter. The 27,679
file shall be maintained in the form prescribed by rule of the 27,680
board. 27,681
(c) A list of prelicensure nursing education programs 27,683
approved by the board; 27,684
(d) A list of approved peer support programs for nurses. 27,686
(B) The board may fulfill the requirement of division 27,688
(A)(8) of this section by authorizing persons who meet the 27,689
standards established in rules adopted under division (F) of 27,690
643
section 4723.07 of the Revised Code to approve continuing nursing 27,691
education programs and courses. Persons so authorized shall 27,692
approve continuing nursing education programs and courses in 27,693
accordance with standards established in rules adopted under 27,694
division (E) of section 4723.07 of the Revised Code. 27,695
Persons seeking authorization to approve continuing nursing 27,697
education programs and courses shall apply to the board and pay 27,698
the appropriate fee established under section 4723.08 of the 27,699
Revised Code. Authorizations to approve continuing nursing 27,700
education programs and courses shall expire at the end of the 27,701
two-year period beginning the date of issuance and may be renewed 27,702
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 27,711
not to exceed the following limits: 27,712
(1) For application for licensure by examination to 27,714
practice nursing as a registered nurse or as a licensed practical 27,715
nurse, fifty dollars; 27,716
(2) For application for licensure by endorsement to 27,718
practice nursing as a registered nurse or as a licensed practical 27,719
nurse, fifty dollars; 27,720
(3) For application for a certificate of authority to 27,722
practice nursing as a certified registered nurse anesthetist, 27,723
clinical nurse specialist, certified nurse-midwife, or certified 27,725
nurse practitioner, one hundred dollars; 27,726
(4) For verification of a license or certificate to 27,728
another jurisdiction, fifteen dollars; 27,730
(5) For providing a replacement copy of a license or 27,732
certificate, fifteen dollars; 27,733
(6) For biennial renewal of any license, thirty-five 27,735
dollars;
(7) For biennial renewal of a certificate of authority to 27,737
practice nursing as a certified registered nurse anesthetist, 27,738
clinical nurse specialist, certified nurse-midwife, or certified 27,740
nurse practitioner, one hundred dollars;
644
(8) For processing a late application for renewal of any 27,742
license or certificate, fifty dollars; 27,743
(9) For application for authorization to approve 27,745
continuing nursing education programs and courses from an 27,746
applicant accredited by a national accreditation system for 27,747
nursing, five hundred dollars; 27,748
(10) For application for authorization to approve 27,750
continuing nursing education programs and courses from an 27,751
applicant not accredited by a national accreditation system for 27,752
nursing, one thousand dollars; 27,753
(11) For biennial renewal of EACH YEAR FOR WHICH 27,756
authorization to approve continuing nursing education programs 27,758
and courses IS RENEWED, three ONE hundred FIFTY dollars; 27,759
(12) For written verification of a license or certificate, 27,762
other than verification to another jurisdiction, five dollars. 27,763
The board may contract for services pertaining to this 27,764
verification process and the collection of the fee, and may 27,765
permit the contractor to retain a portion of the fees as 27,766
compensation, before any amounts are deposited into the state 27,767
treasury. 27,768
(B) Each quarter, the board of nursing shall certify to 27,770
the director of budget and management the number of biennial 27,771
licenses renewed under this chapter during the preceding quarter 27,772
and the amount equal to that number times five dollars. 27,773
Sec. 4723.28. As used in this section, "dangerous drug" 27,782
and "prescription" have the same meanings as in section 4729.01 27,784
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 27,786
conducted under Chapter 119. of the Revised Code and by a vote of 27,787
a quorum, may revoke or may refuse to grant a license or 27,788
certificate to a person found by the board to have committed 27,790
fraud in passing the examination or to have committed fraud, 27,791
misrepresentation, or deception in applying for or securing any 27,792
license or certificate issued by the board. 27,794
645
(B) The board of nursing, pursuant to an adjudication 27,796
conducted under Chapter 119. of the Revised Code and by a vote of 27,797
a quorum, may impose one or more of the following sanctions: 27,798
deny, revoke permanently, suspend, or place restrictions on any 27,799
license or certificate issued by the board; reprimand or 27,801
otherwise discipline a holder of a license or certificate; or 27,802
impose a fine of not more than five hundred dollars per 27,804
violation. The sanctions may be imposed for any of the
following: 27,805
(1) Denial, revocation, suspension, or restriction of a 27,807
license to practice nursing, for any reason other than a failure 27,808
to renew, in another state or jurisdiction; or denial, 27,809
revocation, suspension, or restriction of a license to practice a 27,810
health care occupation other than nursing, for any reason other 27,811
than a failure to renew, in Ohio or another state or 27,812
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 27,814
renew a license issued under this chapter, or while a license is 27,815
under suspension; 27,816
(3) Conviction of, a plea of guilty to, or a judicial 27,818
finding of guilt of a misdemeanor committed in the course of 27,819
practice; 27,820
(4) Conviction of, a plea of guilty to, or a judicial 27,822
finding of guilt of any felony or of any crime involving gross 27,823
immorality or moral turpitude; 27,824
(5) Selling, giving away, or administering drugs for other 27,826
than legal and legitimate therapeutic purposes; or conviction of, 27,827
a plea of guilty to, or a judicial finding of guilt of violating 27,828
any municipal, state, county, or federal drug law; 27,829
(6) Conviction of, a plea of guilty to, or a judicial 27,831
finding of guilt of an act in another jurisdiction that would 27,832
constitute a felony or a crime of moral turpitude in Ohio; 27,833
(7) Conviction of, a plea of guilty to, or a judicial 27,835
finding of guilt of an act in the course of practice in another 27,836
646
jurisdiction that would constitute a misdemeanor in Ohio; 27,837
(8) Self-administering or otherwise taking into the body 27,839
any dangerous drug in any way not in accordance with a legal, 27,840
valid prescription; 27,841
(9) Habitual indulgence in the use of controlled 27,843
substances, other habit-forming drugs, or alcohol or other 27,844
chemical substances to an extent that impairs ability to 27,845
practice; 27,846
(10) Impairment of the ability to practice according to 27,848
acceptable and prevailing standards of safe nursing care because 27,849
of habitual or excessive use of drugs, alcohol, or other chemical 27,852
substances that impair the ability to practice; 27,853
(11) Impairment of the ability to practice according to 27,855
acceptable and prevailing standards of safe nursing care because 27,856
of a physical or mental disability; 27,857
(12) Assaulting or causing harm to a patient or depriving 27,859
a patient of the means to summon assistance; 27,860
(13) Obtaining or attempting to obtain money or anything 27,862
of value by intentional misrepresentation or material deception 27,863
in the course of practice; 27,864
(14) Adjudication by a probate court that the license 27,866
applicant or license holder is mentally ill or mentally 27,867
incompetent. The board may restore the license upon adjudication 27,868
by a probate court of the person's restoration to competency or 27,869
upon submission to the board of other proof of competency. 27,870
(15) The suspension or termination of employment by the 27,872
department of defense or the veterans administration of the 27,873
United States for any act that violates or would violate this 27,874
chapter; 27,875
(16) Violation of this chapter or any rules adopted under 27,877
it; 27,878
(17) Violation of any restrictions placed on a license by 27,880
the board; 27,881
(18) Failure to use universal blood and body fluid 27,883
647
precautions established by rules adopted under section 4723.07 of 27,884
the Revised Code; 27,885
(19) Failure to practice in accordance with acceptable and 27,888
prevailing standards of safe nursing care; 27,889
(20) In the case of a registered nurse, engaging in 27,891
activities that exceed the practice of nursing as a registered 27,892
nurse under section 4723.02 of the Revised Code; 27,893
(21) In the case of a licensed practical nurse, engaging 27,895
in activities that exceed the practice of nursing as a licensed 27,896
practical nurse under section 4723.02 of the Revised Code; 27,897
(22) Aiding and abetting in the unlicensed practice of 27,899
nursing; 27,900
(23) In the case of a certified registered nurse 27,902
anesthetist, clinical nurse specialist, certified nurse-midwife, 27,904
or certified nurse practitioner, or a registered nurse approved 27,905
as an advanced practice nurse under section 4723.55 of the 27,906
Revised Code, either of the following: 27,907
(a) Waiving the payment of all or any part of a deductible 27,909
or copayment that a patient, pursuant to a health insurance or 27,910
health care policy, contract, or plan that covers such nursing 27,911
services, would otherwise be required to pay if the waiver is 27,912
used as an enticement to a patient or group of patients to 27,913
receive health care services from that provider; 27,914
(b) Advertising that the nurse will waive the payment of 27,916
all or any part of a deductible or copayment that a patient, 27,917
pursuant to a health insurance or health care policy, contract, 27,918
or plan that covers such nursing services, would otherwise be 27,919
required to pay. 27,920
(24) Failure to comply with the terms and conditions of 27,922
participation in the alternative program for chemically dependent 27,924
nurses created by section 4723.35 of the Revised Code; 27,925
(25) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS 27,927
REQUIRED UNDER THE PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM 27,928
ESTABLISHED UNDER SECTION 4723.282 OF THE REVISED CODE; 27,929
648
(26) In the case of a certified registered nurse 27,931
anesthetist, clinical nurse specialist, certified nurse-midwife, 27,933
or certified nurse practitioner: 27,934
(a) Engaging in activities that exceed those permitted for 27,937
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 27,938
(b) Failure to meet the quality assurance standards 27,940
established under section 4723.07 of the Revised Code. 27,942
(26)(27) In the case of a clinical nurse specialist, 27,944
certified nurse-midwife, or certified nurse practitioner, failure 27,946
to maintain a standard care arrangement in accordance with 27,947
section 4723.431 of the Revised Code or to practice in accordance 27,948
with the standard care arrangement. 27,949
(C) If a criminal action is brought against a license 27,951
holder for an act or crime described in divisions (B)(3) to (7) 27,952
of this section and the action is dismissed by the trial court 27,953
other than on the merits, the board shall hold an adjudication 27,955
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 27,956
basis of the hearing that the license holder committed the act, 27,957
or if the license holder fails to participate in the hearing, the 27,958
board may take action as though the license holder had been 27,959
convicted of the act. 27,960
If the board takes action on the basis of a conviction, 27,962
plea of guilty, or a judicial determination of guilt as described 27,963
in divisions (B)(3) to (7) of this section that is overturned on 27,964
appeal, the license holder may, on exhaustion of the appeal 27,965
process, petition the board for reconsideration of its action. 27,966
On receipt of the petition and supporting court documents, the 27,967
board shall temporarily rescind its action. If the board 27,968
determines that the decision on appeal was a decision on the 27,969
merits, it shall permanently rescind its action. If the board 27,970
determines that the decision on appeal was not a decision on the 27,971
merits, it shall hold an adjudicatory hearing to determine 27,972
649
whether the license holder committed the act on which the 27,973
original conviction, plea, or judicial determination was based. 27,974
If the board determines on the basis of the hearing that the 27,975
license holder committed such act, or if the license holder does 27,976
not request a hearing, the board shall reinstate its action; 27,977
otherwise, the board shall permanently rescind its action. 27,978
Notwithstanding the provision of division (C)(2) of section 27,980
2953.32 of the Revised Code specifying that if records pertaining 27,981
to a criminal case are sealed under that section the proceedings 27,982
in the case shall be deemed not to have occurred, sealing of the 27,983
records of a conviction on which the board has based an action 27,984
under this section shall have no effect on the board's action or 27,985
any sanction imposed by the board under this section. 27,986
(D) In enforcing division (B) of this section, the board 27,988
may compel any individual licensed by this chapter or who has 27,989
applied for licensure to submit to a mental or physical 27,990
examination, or both, as required by the board and at the expense 27,991
of the individual. Failure of any individual to submit to a 27,992
mental or physical examination when directed constitutes an 27,993
admission of the allegations, unless the failure is due to 27,994
circumstances beyond the individual's control, and a default and 27,995
final order may be entered without the taking of testimony or 27,996
presentation of evidence. If the board finds that an individual 27,997
is impaired, the board shall require the individual to submit to 27,998
care, counseling, or treatment approved or designated by the 27,999
board, as a condition for initial, continued, reinstated, or 28,000
renewed licensure to practice. The individual shall be afforded 28,001
an opportunity to demonstrate to the board that the individual 28,002
can resume the individual's occupation in compliance with 28,004
acceptable and prevailing standards under the provisions of the 28,006
individual's license. For the purpose of this section, any 28,008
individual who is licensed by this chapter or makes application 28,009
for licensure shall be deemed to have given consent to submit to 28,010
a mental or physical examination when directed to do so in 28,011
650
writing by the board, and to have waived all objections to the 28,012
admissibility of testimony or examination reports that constitute 28,013
a privileged communication.
(E) The board shall investigate evidence that appears to 28,015
show that any person has violated any provision of this chapter 28,016
or any rule of the board. Any person may report to the board any 28,017
information the person may have that appears to show a violation 28,018
of any provision of this chapter or rule of the board. In the 28,019
absence of bad faith, any person who reports such information or 28,020
who testifies before the board in any adjudication conducted 28,022
under Chapter 119. of the Revised Code shall not be liable for 28,023
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 28,025
investigation is confidential and not subject to discovery in any 28,026
civil action, except that the board may disclose information to 28,027
law enforcement officers and government entities investigating a 28,028
person licensed by the board. No law enforcement officer or 28,029
government entity with knowledge of any information disclosed by 28,030
the board pursuant to this division shall divulge the information 28,031
to any other person or government entity except for the purpose 28,032
of an adjudication by a court or licensing or registration board 28,033
or officer to which the person to whom the information relates is
a party. 28,034
If the investigation requires a review of patient records, 28,036
the investigation and proceeding shall be conducted in such a 28,037
manner as to protect patient confidentiality. 28,038
All hearings and investigations of the board shall be 28,040
considered civil actions for the purposes of section 2305.251 of 28,041
the Revised Code. 28,042
The hearings of the board shall be conducted in accordance 28,044
with Chapter 119. of the Revised Code. The board may appoint a 28,045
hearing examiner as provided in section 119.09 to conduct any 28,046
hearing the board is empowered to hold under Chapter 119. of the 28,047
Revised Code. 28,048
651
In the absence of fraud or bad faith, neither the board nor 28,050
any current or former members, agents, representatives, or 28,051
employees of the board shall be held liable in damages to any 28,052
person as the result of any act, omission, proceeding, conduct, 28,053
or decision related to their official duties undertaken or 28,054
performed pursuant to this chapter. If a current or former 28,055
member, agent, representative, or employee requests the state to 28,056
defend the individual against any claim or action arising out of 28,057
any act, omission, proceeding, conduct, or decision related to 28,059
the individual's official duties, if the request is made in 28,061
writing at a reasonable time before trial, and if the individual 28,062
requesting defense cooperates in good faith in the defense of the 28,063
claim or action, the state shall provide and pay for such defense 28,064
and shall pay any resulting judgment, compromise, or settlement. 28,065
At no time shall the state pay that part of a claim or judgment 28,066
that is for punitive or exemplary damages. 28,067
(F) Any action taken by the board under this section 28,069
resulting in a suspension from practice shall be accompanied by a 28,070
written statement of the conditions under which the person may be 28,071
reinstated to practice. 28,072
(G) No unilateral surrender of a license issued under this 28,074
chapter shall be effective unless accepted by majority vote of 28,075
the board. No application for a license issued under this 28,076
chapter may be withdrawn without a majority vote of the board. 28,077
(H) Notwithstanding division (B)(23) of this section, 28,079
sanctions shall not be imposed against any licensee who waives 28,080
deductibles and copayments: 28,081
(1) In compliance with the health benefit plan that 28,083
expressly allows such a practice. Waiver of the deductibles or 28,084
copayments shall be made only with the full knowledge and consent 28,085
of the plan purchaser, payer, and third-party administrator. The 28,086
consent shall be made available to the board upon request. 28,087
(2) For professional services rendered to any other person 28,089
licensed pursuant to this chapter to the extent allowed by this 28,090
652
chapter and the rules of the board. 28,091
Sec. 4723.282. (A) AS USED IN THIS SECTION, "PRACTICE 28,094
DEFICIENCY" MEANS ANY ACTIVITY THAT DOES NOT MEET ACCEPTABLE AND 28,095
PREVAILING STANDARDS OF SAFE AND EFFECTIVE NURSING CARE. 28,096
(B) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING 28,098
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 28,100
AGAINST THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS 28,101
CHAPTER WHO HAS A PRACTICE DEFICIENCY THAT HAS BEEN IDENTIFIED BY 28,102
THE BOARD THROUGH AN INVESTIGATION CONDUCTED UNDER SECTION 28,103
4723.28 OF THE REVISED CODE. THE BOARD MAY ABSTAIN FROM TAKING 28,104
ACTION ONLY IF THE BOARD HAS REASON TO BELIEVE THAT THE 28,105
INDIVIDUAL'S PRACTICE DEFICIENCY CAN BE CORRECTED THROUGH 28,106
REMEDIATION, AND IF THE INDIVIDUAL ENTERS INTO AN AGREEMENT WITH 28,107
THE BOARD TO SEEK REMEDIATION AS PRESCRIBED BY THE BOARD, 28,108
COMPLIES WITH THE TERMS AND CONDITIONS OF THE REMEDIATION, AND 28,109
SUCCESSFULLY COMPLETES THE REMEDIATION. IF AN INDIVIDUAL FAILS 28,110
TO COMPLETE THE REMEDIATION OR THE BOARD DETERMINES THAT 28,111
REMEDIATION CANNOT CORRECT THE INDIVIDUAL'S PRACTICE DEFICIENCY, 28,112
THE BOARD SHALL PROCEED WITH DISCIPLINARY ACTION IN ACCORDANCE 28,113
WITH SECTION 4723.28 OF THE REVISED CODE. 28,114
(C) TO IMPLEMENT ITS AUTHORITY UNDER THIS SECTION TO 28,116
ABSTAIN FROM TAKING DISCIPLINARY ACTION, THE BOARD SHALL 28,117
ESTABLISH A PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM. THE 28,118
BOARD SHALL DESIGNATE AN ADMINISTRATOR TO OPERATE THE PROGRAM 28,119
AND, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT 28,121
RULES FOR THE PROGRAM THAT ESTABLISH THE FOLLOWING: 28,122
(1) CRITERIA FOR USE IN IDENTIFYING AN INDIVIDUAL'S 28,124
PRACTICE DEFICIENCY; 28,125
(2) REQUIREMENTS THAT AN INDIVIDUAL MUST MEET TO BE 28,127
ELIGIBLE FOR REMEDIATION AND THE BOARD'S ABSTENTION FROM 28,128
DISCIPLINARY ACTION; 28,129
(3) STANDARDS AND PROCEDURES FOR PRESCRIBING REMEDIATION 28,131
THAT IS APPROPRIATE FOR AN INDIVIDUAL'S IDENTIFIED PRACTICE 28,132
DEFICIENCY; 28,133
653
(4) TERMS AND CONDITIONS THAT AN INDIVIDUAL MUST MEET TO 28,135
BE SUCCESSFUL IN COMPLETING THE REMEDIATION PRESCRIBED; 28,136
(5) PROCEDURES FOR THE BOARD'S MONITORING OF THE 28,138
INDIVIDUAL'S REMEDIATION; 28,139
(6) PROCEDURES FOR MAINTAINING CONFIDENTIAL RECORDS 28,141
REGARDING INDIVIDUALS WHO PARTICIPATE IN REMEDIATION; 28,142
(7) ANY OTHER REQUIREMENTS OR PROCEDURES NECESSARY TO 28,144
DEVELOP AND ADMINISTER THE PROGRAM. 28,145
(D) ALL RECORDS HELD BY THE BOARD FOR PURPOSES OF THE 28,147
PROGRAM SHALL BE CONFIDENTIAL, ARE NOT PUBLIC RECORDS FOR 28,148
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND ARE NOT 28,150
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY 28,151
JUDICIAL PROCEEDING. THE ADMINISTRATOR OF THE PROGRAM SHALL 28,152
MAINTAIN ALL RECORDS IN THE BOARD'S OFFICE IN ACCORDANCE WITH THE 28,153
BOARD'S RECORD RETENTION SCHEDULE.
(E) WHEN AN INDIVIDUAL BEGINS THE REMEDIATION PRESCRIBED 28,156
BY THE BOARD, THE INDIVIDUAL SHALL SIGN A WAIVER PERMITTING ANY 28,157
ENTITY THAT PROVIDES SERVICES RELATED TO THE REMEDIATION TO 28,158
RELEASE TO THE BOARD INFORMATION REGARDING THE INDIVIDUAL'S 28,159
PROGRESS. AN ENTITY THAT PROVIDES SERVICES RELATED TO 28,160
REMEDIATION SHALL REPORT TO THE BOARD IF THE INDIVIDUAL FAILS TO 28,161
COMPLETE THE REMEDIATION.
IN THE ABSENCE OF FRAUD OR BAD FAITH, AN ENTITY THAT 28,163
REPORTS TO THE BOARD REGARDING AN INDIVIDUAL'S PRACTICE 28,164
DEFICIENCY, OR PROGRESS OR LACK OF PROGRESS IN REMEDIATION, IS 28,165
NOT LIABLE IN DAMAGES TO ANY PERSON AS A RESULT OF MAKING THE 28,166
REPORT.
(F) AN INDIVIDUAL PARTICIPATING IN REMEDIATION PRESCRIBED 28,169
UNDER THIS SECTION IS RESPONSIBLE FOR ALL FINANCIAL OBLIGATIONS 28,170
THAT MAY ARISE FROM OBTAINING OR COMPLETING THE REMEDIATION. 28,171
Sec. 4725.16. (A) Each certificate of licensure, topical 28,180
ocular pharmaceutical agents certificate, and therapeutic 28,182
pharmaceutical agents certificate issued by the state board of 28,184
optometry shall expire annually on the last day of December, and 28,185
654
may be renewed in accordance with this section and the standard 28,186
renewal procedure established under Chapter 4745. of the Revised 28,188
Code.
(B) All licensed optometrists shall annually complete 28,191
continuing education in subjects relating to the practice of 28,193
optometry, to the end that the utilization and application of new 28,194
techniques, scientific and clinical advances, and the 28,195
achievements of research will assure comprehensive care to the 28,196
public. The board shall prescribe by rule the continuing 28,197
optometric education that licensed optometrists must complete. 28,198
The length of study shall be determined by the board but shall be 28,200
not less than six nor more than twenty-five clock hours each 28,201
year, except that the board shall prescribe an additional five 28,203
clock hours of instruction in pharmacology to be completed by 28,205
optometrists who hold topical ocular pharmaceutical agents 28,206
certificates or therapeutic pharmaceutical agents certificates. 28,207
Unless the continuing education required under this 28,209
division is waived or deferred under division (D) of this 28,210
section, the continuing education must be completed during the 28,211
twelve-month period beginning on the first day of October and 28,213
ending on the last day of September. If the board receives 28,214
notice from a continuing education program indicating that an 28,215
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 28,216
education completed after that day to renew the license that 28,217
expires on the last day of December of that year, the optometrist 28,219
shall pay the penalty specified under section 4725.34 of the 28,220
Revised Code for late completion of continuing education. 28,221
At least once annually, the board shall mail to each 28,224
licensed optometrist a list of courses approved in accordance 28,225
with standards prescribed by board rule. Upon the request of a 28,226
licensed optometrist, the executive director of the board shall 28,228
supply a list of additional courses that the board has approved 28,230
subsequent to the most recent mailing of the list of approved 28,231
655
courses.
(C) Annually, by the first day of November, the board 28,234
shall mail to each licensed optometrist a notice regarding 28,235
license renewal and an application for license renewal. The 28,236
application shall be in such form and require such pertinent 28,237
professional biographical data as the board may require. Filing 28,238
of the application with the board shall serve as notice by the 28,239
optometrist that the continuing optometric education requirement 28,241
has been successfully completed.
If the board finds that the optometrist has not completed 28,243
the required continuing optometric education, the board shall 28,245
disapprove the optometrist's application. All other applications 28,247
shall be approved. The board shall refuse to accept an 28,248
application for renewal from any applicant whose license is not
in good standing or who is under disciplinary review pursuant to 28,249
section 4725.19 of the Revised Code. 28,250
The board's order of disapproval for renewal shall be 28,252
effective without a hearing unless a hearing is requested 28,255
pursuant to Chapter 119. of the Revised Code. Notice of the 28,257
applicant's failure to qualify for renewal shall be served upon 28,258
the applicant by mail, which shall be sent on or before the 28,260
fifteenth day of November to the address shown in the board's 28,262
records.
(D) In cases of certified illness or undue hardship, the 28,264
board may waive or defer for up to twelve months the requirement 28,266
of continuing optometric education, except that in such cases the 28,268
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 28,269
topical ocular pharmaceutical agents certificates or therapeutic 28,270
pharmaceutical agents certificates. The board shall waive the 28,271
requirement of continuing optometric education for any 28,272
optometrist who is serving in the armed forces of the United 28,273
States or who has received an initial certificate of licensure 28,275
during the nine-month period which ended on the last day of 28,276
656
September.
(E) An optometrist who desires to continue the practice of 28,280
optometry and whose application for license renewal has been 28,281
approved by the board may renew each certificate held by paying 28,282
the fees for renewal specified under section 4725.34 of the 28,283
Revised Code. The optometrist shall pay the fees on or before 28,284
the first day of January to the treasurer of state. On payment 28,286
of the renewal fees, the board shall issue a renewal of the 28,287
optometrist's certificate of licensure, topical ocular 28,288
pharmaceutical agents certificate, and therapeutic pharmaceutical 28,289
agents certificate, as appropriate. 28,290
(F) A notice shall be sent to every licensed optometrist 28,294
who fails to respond to the notice provided under division (C) of 28,295
this section, at the optometrist's last address, at least one 28,297
month in advance of the date of expiration. A second notice 28,299
shall be sent in advance of the date of expiration and prior to 28,300
any action under division (G) of this section to classify the 28,301
optometrist's certificates as delinquent, to every optometrist 28,302
failing to respond to the preceding notice. 28,303
(G)(1) The failure of an optometrist to apply for license 28,306
renewal or the failure to pay the applicable annual renewal fees 28,308
on or before the last day of December of each year, shall 28,309
automatically work a forfeiture of the optometrist's authority to 28,311
practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's 28,312
records as delinquent. 28,313
(2) Any optometrist subject to delinquent classification 28,316
may submit a written application to the board for reinstatement. 28,318
For reinstatement to occur, the applicant must meet all of the 28,319
following conditions:
(a) Submit to the board evidence of compliance with board 28,322
rules requiring continuing optometric education in a sufficient 28,323
number of hours to make up for any delinquent compliance; 28,324
(b) Pay all delinquent annual THE renewal fees FOR THE 28,327
657
YEAR IN WHICH APPLICATION FOR REINSTATEMENT IS MADE and the 28,328
penalty for reinstatement FEE specified under DIVISION (A)(7) OF 28,329
section 4725.34 of the Revised Code; 28,330
(c) Pass all or part of the licensing examination accepted 28,333
by the board under section 4725.11 of the Revised Code as the 28,334
board considers appropriate to determine whether the application 28,335
for reinstatement should be approved; 28,336
(d) If the applicant has been practicing optometry in 28,338
another state or country, submit evidence that the applicant's 28,339
license to practice optometry in the other state or country is in 28,341
good standing.
(3) The board shall approve an application for 28,343
reinstatement if the conditions specified in division (G)(2) of 28,345
this section are met. An optometrist who receives reinstatement 28,346
is subject to the continuing education requirements specified 28,347
under division (B) of this section for the year in which 28,348
reinstatement occurs. 28,349
Sec. 4725.17. (A) An optometrist who intends not to 28,358
continue practicing optometry in this state due to retirement or 28,359
a decision to practice in another state or country may apply to 28,360
the state board of optometry to have the certificates issued to 28,361
the optometrist placed on inactive status. Application for 28,362
inactive status shall consist of a written notice to the board of 28,364
the optometrist's intention to no longer practice in this state. 28,365
The board may not accept an application submitted after the 28,366
applicant's certificate of licensure and any other certificates 28,367
have expired. The board may approve an application for placement 28,368
on inactive status only if the applicant's certificates are in 28,370
good standing and the applicant is not under disciplinary review 28,371
pursuant to section 4725.19 of the Revised Code. 28,372
(B) An individual whose certificates have been placed on 28,374
inactive status may submit a written application to the board for 28,375
reinstatement. For reinstatement to occur, the applicant must 28,377
meet all of the following conditions: 28,378
658
(1) Pay the renewal fees for that THE year IN WHICH 28,380
APPLICATION FOR REINSTATEMENT IS MADE and the reinstatement fee 28,381
specified under DIVISION (A)(8) OF section 4725.34 of the Revised 28,383
Code; 28,384
(2) Pass all or part of the licensing examination accepted 28,386
by the board under section 4725.11 of the Revised Code as the 28,388
board considers appropriate to determine whether the application 28,389
for reinstatement should be approved;
(3) If the applicant has been practicing optometry in 28,391
another state or country, submit evidence of being in the active 28,392
practice OF optometry in the other state or country and evidence 28,393
that the applicant's license to practice in the other state or 28,394
country is in good standing. 28,395
(C) The board shall approve an application for 28,397
reinstatement if the conditions specified in division (B) of this 28,399
section are met. An optometrist who receives reinstatement is 28,401
subject to the continuing education requirements specified under 28,402
section 4725.16 of the Revised Code for the year in which 28,403
reinstatement occurs.
Sec. 4729.54. (A) As used in this section: 28,412
(1) "Category I" means single-dose injections of 28,414
intravenous fluids, including saline, Ringer's lactate, five per 28,415
cent dextrose and distilled water, and other intravenous fluids 28,416
or parenteral solutions included in this category by rule of the 28,417
board of pharmacy, that have a volume of one hundred milliliters 28,418
or more and that contain no added substances, or single-dose 28,419
injections of epinephrine to be administered pursuant to sections 28,420
4765.38 and 4765.39 of the Revised Code. 28,421
(2) "Category II" means any dangerous drug that is not 28,423
included in category I or III. 28,424
(3) "Category III" means any controlled substance that is 28,426
contained in schedule I, II, III, IV, or V. 28,427
(4) "Emergency medical service organization" has the same 28,429
meaning as in section 4765.01 of the Revised Code. 28,430
659
(5) "Person" includes an emergency medical service 28,432
organization. 28,433
(6) "Schedule I, schedule II, schedule III, schedule IV, 28,435
and schedule V" mean controlled substance schedules I, II, III, 28,436
IV, and V, respectively, as established pursuant to section 28,437
3719.41 of the Revised Code and as amended. 28,438
(B) A person who desires to be licensed as a terminal 28,440
distributor of dangerous drugs shall file with the executive 28,441
director of the board of pharmacy a verified application that 28,442
contains the following: 28,443
(1) Information that the board requires relative to the 28,445
qualifications of a terminal distributor of dangerous drugs set 28,446
forth in section 4729.55 of the Revised Code; 28,447
(2) A statement that the person wishes to be licensed as a 28,449
category I, category II, category III, limited category I, 28,450
limited category II, or limited category III terminal distributor 28,451
of dangerous drugs; 28,452
(3) If the person wishes to be licensed as a limited 28,454
category I, limited category II, or limited category III terminal 28,455
distributor of dangerous drugs, a notarized list of the dangerous 28,456
drugs that the person wishes to possess, have custody or control 28,457
of, and distribute, which list shall also specify the purpose for 28,458
which those drugs will be used and their source; 28,459
(4) If the person is an emergency medical service 28,461
organization, the information that is specified in division 28,462
(C)(1) of this section; 28,463
(5) Except for an emergency medical service organization, 28,465
the identity of the one establishment or place at which the 28,466
person intends to engage in the sale or other distribution of 28,467
dangerous drugs at retail, and maintain possession, custody, or 28,468
control of dangerous drugs for purposes other than the person's 28,469
own use or consumption. 28,470
(C)(1) An emergency medical service organization that 28,472
wishes to be licensed as a terminal distributor of dangerous 28,473
660
drugs shall list in its application for licensure the following 28,474
additional information: 28,475
(a) The units under its control that the organization 28,477
determines will possess dangerous drugs for the purpose of 28,478
administering emergency medical services in accordance with 28,479
Chapter 4765. of the Revised Code; 28,480
(b) With respect to each such unit, whether the dangerous 28,482
drugs that the organization determines the unit will possess are 28,483
in category I, II, or III. 28,484
(2) An emergency medical service organization that is 28,486
licensed as a terminal distributor of dangerous drugs shall file 28,487
a new application for such licensure if there is any change in 28,488
the number, or location of, any of its units or any change in the 28,489
category of the dangerous drugs that any unit will possess. 28,490
(3) A unit listed in an application for licensure pursuant 28,492
to division (C)(1) of this section may obtain the dangerous drugs 28,493
it is authorized to possess from its emergency medical service 28,494
organization or, on a replacement basis, from a hospital 28,495
pharmacy. If units will obtain dangerous drugs from a hospital 28,496
pharmacy, the organization shall file, and maintain in current 28,497
form, the following items with the pharmacist who is responsible 28,498
for the hospital's terminal distributor of dangerous drugs 28,499
license: 28,500
(a) A copy of its standing orders or protocol; 28,502
(b) A list of the personnel employed or used by the 28,504
organization to provide emergency medical services in accordance 28,505
with Chapter 4765. of the Revised Code, who are authorized to 28,506
possess the drugs, which list also shall indicate the personnel 28,507
who are authorized to administer the drugs. 28,508
(D) Each emergency medical service organization that 28,510
applies for a terminal distributor of dangerous drugs license 28,511
shall submit with its application the following: 28,512
(1) A notarized copy of its standing orders or protocol, 28,514
which orders or protocol shall be signed by a physician and 28,515
661
specify the dangerous drugs that its units may carry, expressed 28,516
in standard dose units; 28,517
(2) A list of the personnel employed or used by the 28,519
organization to provide emergency medical services in accordance 28,520
with Chapter 4765. of the Revised Code. 28,521
An emergency medical service organization that is licensed 28,523
as a terminal distributor shall notify the board immediately of 28,524
any changes in its standing orders or protocol. 28,525
(E) There shall be six categories of terminal distributor 28,527
of dangerous drugs licenses, which categories shall be as 28,528
follows: 28,529
(1) Category I license. A person who obtains this license 28,531
may possess, have custody or control of, and distribute only the 28,532
dangerous drugs described in category I. 28,533
(2) Limited category I license. A person who obtains this 28,535
license may possess, have custody or control of, and distribute 28,536
only the dangerous drugs described in category I that were listed 28,537
in the application for licensure. 28,538
(3) Category II license. A person who obtains this 28,540
license may possess, have custody or control of, and distribute 28,541
only the dangerous drugs described in category I and category II. 28,542
(4) Limited category II license. A person who obtains 28,544
this license may possess, have custody or control of, and 28,545
distribute only the dangerous drugs described in category I or 28,546
category II that were listed in the application for licensure. 28,547
(5) Category III license. A person who obtains this 28,549
license may possess, have custody or control of, and distribute 28,550
the dangerous drugs described in category I, category II, and 28,551
category III. 28,552
(6) Limited category III license. A person who obtains 28,554
this license may possess, have custody or control of, and 28,555
distribute only the dangerous drugs described in category I, 28,556
category II, or category III that were listed in the application 28,557
for licensure. 28,558
662
(F) Except for an application made on behalf of an animal 28,560
shelter, if an applicant for licensure as a limited category I, 28,561
II, or III terminal distributor of dangerous drugs intends to 28,562
administer dangerous drugs to a person or animal, the applicant 28,563
shall submit, with the application, a notarized copy of its 28,564
protocol or standing orders, which protocol or orders shall be 28,565
signed by a licensed health professional authorized to prescribe 28,567
drugs, specify the dangerous drugs to be administered, and list 28,568
personnel who are authorized to administer the dangerous drugs in 28,569
accordance with federal law or the law of this state. An 28,570
application made on behalf of an animal shelter shall include a 28,571
notarized list of the dangerous drugs to be administered to
animals and the personnel who are authorized to administer the 28,572
drugs to animals in accordance with section 4729.532 of the 28,573
Revised Code. After obtaining a terminal distributor license, a 28,574
licensee shall notify the board immediately of any changes in its 28,575
protocol or standing orders, or in such personnel. 28,576
(G)(1) Except as provided in division (G)(2) of this 28,579
seciton SECTION, each applicant for licensure as a terminal 28,581
distributor of dangerous drugs shall submit, with the 28,582
application, a license fee determined as follows: 28,583
(a) For a category I or limited category I license, 28,585
forty-five dollars; 28,586
(b) For a category II or limited category II license, one 28,589
hundred twelve dollars and fifty cents;
(c) For a category III or limited category III license, 28,591
one hundred fifty dollars. 28,592
(2) For a professional association, corporation, 28,594
partnership, or limited liability company organized for the 28,595
purpose of practicing veterinary medicine, the fee shall be five 28,596
FORTY dollars. 28,597
Fees assessed under divisions (G)(1) and (2) of this 28,600
section shall not be returned if the applicant fails to qualify 28,601
for registration.
663
(H)(1) The board shall issue a terminal distributor of 28,603
dangerous drugs license to each person who submits an application 28,604
for such licensure in accordance with this section, pays the 28,605
required license fee, is determined by the board to meet the 28,606
requirements set forth in section 4729.55 of the Revised Code, 28,607
and satisfies any other applicable requirements of this section. 28,608
(2) The license of a person other than an emergency 28,610
medical service organization shall describe the one establishment 28,611
or place at which the licensee may engage in the sale or other 28,612
distribution of dangerous drugs at retail and maintain 28,613
possession, custody, or control of dangerous drugs for purposes 28,614
other than the licensee's own use or consumption. The one 28,615
establishment or place shall be that which is described in the 28,617
application for licensure. 28,618
No such license shall authorize or permit the terminal 28,620
distributor of dangerous drugs named in it to engage in the sale 28,621
or other distribution of dangerous drugs at retail or to maintain 28,622
possession, custody, or control of dangerous drugs for any 28,623
purpose other than the distributor's own use or consumption, at 28,625
any establishment or place other than that described in the 28,626
license, except that an agent or employee of an animal shelter 28,627
may possess and use dangerous drugs in the course of business as 28,628
provided in division (D) of section 4729.532 of the Revised Code. 28,629
(3) The license of an emergency medical service 28,631
organization shall cover and describe all the units of the 28,634
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 28,636
drugs shall indicate, on its face, the category of licensure. If 28,637
the license is a limited category I, II, or III license, it shall 28,638
specify, and shall authorize the licensee to possess, have 28,639
custody or control of, and distribute only, the dangerous drugs 28,640
that were listed in the application for licensure. 28,641
(I) All licenses issued pursuant to this section shall be 28,643
effective for a period of twelve months from the first day of 28,644
664
January of each year. A license shall be renewed by the board 28,645
for a like period, annually, according to the provisions of this 28,646
section, and the standard renewal procedure of Chapter 4745. of 28,647
the Revised Code. A person who desires to renew a license shall 28,648
submit an application for renewal and pay the required fee on or 28,649
before the thirty-first day of December each year. The fee 28,651
required for the renewal of a license shall be the same as the 28,652
fee paid for the license being renewed, and shall accompany the 28,653
application for renewal. 28,654
A license that has not been renewed during December in any 28,656
year and by the first day of February of the following year may 28,657
be reinstated only upon payment of the required renewal fee and a 28,658
penalty fee of fifty-five dollars. 28,659
(J)(1) No emergency medical service organization that is 28,661
licensed as a terminal distributor of dangerous drugs shall fail 28,662
to comply with division (C)(2) or (3) of this section. 28,663
(2) No emergency medical service organization that is 28,665
licensed as a terminal distributor of dangerous drugs shall fail 28,666
to comply with division (D) of this section. 28,667
(3) No licensed terminal distributor of dangerous drugs 28,669
shall possess, have custody or control of, or distribute 28,670
dangerous drugs that the terminal distributor is not entitled to 28,671
possess, have custody or control of, or distribute by virtue of 28,672
its category of licensure. 28,673
(4) No licensee that is required by division (F) of this 28,675
section to notify the board of changes in its protocol or 28,676
standing orders, or in personnel, shall fail to comply with that 28,677
division. 28,678
Sec. 4730.11. If the state medical board determines under 28,688
section 4730.10 of the Revised Code that an applicant meets the 28,690
requirements for a certificate of registration as a physician
assistant, the secretary of the board shall register the 28,692
applicant as a physician assistant and issue to the applicant a 28,694
certificate of registration as a physician assistant. The 28,696
665
certificate shall expire biennially and may be renewed in 28,697
accordance with section 4730.12 of the Revised Code.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 28,699
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 28,700
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 28,701
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 28,702
CERTIFICATE SHALL BE THIRTY-FIVE DOLLARS.
Sec. 4731.281. (A) On or before the deadline established 28,711
under division (B) of this section for applying for renewal of a 28,713
certificate of registration, each person holding a certificate 28,715
under this chapter to practice medicine and surgery, osteopathic 28,716
medicine and surgery, or podiatry shall certify to the state 28,717
medical board that in the preceding two years the person has 28,718
completed one hundred hours of continuing medical education. The 28,719
certification shall be made upon the application for biennial 28,720
registration submitted pursuant to division (B) of this section. 28,723
The board shall adopt rules providing for pro rata reductions by 28,724
month of the number of hours of continuing education required for 28,726
persons who are in their first registration period, who have a
registration period of less than two years due to initial 28,727
implementation of the staggered renewal schedule established 28,728
under division (B) of this section, who have been disabled due to 28,730
illness or accident, or who have been absent from the country. 28,731
In determining whether a course, program, or activity 28,733
qualifies for credit as continuing medical education, the board 28,734
shall approve all continuing medical education taken by persons 28,736
holding a certificate to practice medicine and surgery that is 28,737
certified by the Ohio state medical association, all continuing 28,738
medical education taken by persons holding a certificate to 28,739
practice osteopathic medicine and surgery that is certified by 28,740
the Ohio osteopathic association, and all continuing medical 28,742
education taken by persons holding a certificate to practice 28,743
podiatry that is certified by the Ohio podiatric medical 28,745
association. Each person holding a certificate to practice under 28,747
666
this chapter shall be given sufficient choice of continuing 28,748
education programs to ensure that the person has had a reasonable 28,749
opportunity to participate in continuing education programs that 28,751
are relevant to the person's medical practice in terms of subject 28,753
matter and level.
The board may require a random sample of persons holding a 28,756
certificate to practice under this chapter to submit materials 28,757
documenting completion of the continuing medical education 28,758
requirement during the preceding registration period, but this 28,759
provision shall not limit the board's authority to investigate 28,760
pursuant to section 4731.22 of the Revised Code. 28,761
(B)(1) Every person holding a certificate under this 28,763
chapter to practice medicine and surgery, osteopathic medicine 28,764
and surgery, or podiatry wishing to renew that certificate shall 28,765
apply to the board for a certificate of registration upon an 28,767
application furnished by the board, and pay to the board at the 28,768
time of application a fee of two THREE hundred seventy-five FIVE 28,769
dollars, according to the following schedule: 28,770
(a) Persons whose last name begins with the letters "A" 28,772
through "B," on or before April 1, 2001, and the first day of 28,773
April of every odd-numbered year thereafter; 28,774
(b) Persons whose last name begins with the letters "C" 28,776
through "D," on or before January 1, 2001, and the first day of 28,777
January of every odd-numbered year thereafter; 28,778
(c) Persons whose last name begins with the letters "E" 28,781
through "G," on or before October 1, 2000, and the first day of 28,784
October of every even-numbered year thereafter; 28,785
(d) Persons whose last name begins with the letters "H" 28,788
through "K," on or before July 1, 2000, and the first day of July 28,791
of every even-numbered year thereafter; 28,792
(e) Persons whose last name begins with the letters "L" 28,795
through "M," on or before April 1, 2000, and the first day of 28,798
April of every even-numbered year thereafter; 28,799
(f) Persons whose last name begins with the letters "N" 28,802
667
through "R," on or before January 1, 2000, and the first day of 28,805
January of every even-numbered year thereafter; 28,806
(g) Persons whose last name begins with the letter "S," on 28,809
or before October 1, 1999, and the first day of October of every 28,811
odd-numbered year thereafter; 28,812
(h) Persons whose last name begins with the letters "T" 28,815
through "Z," on or before July 1, 1999, and the first day of July 28,816
of every odd-numbered year thereafter. 28,817
The board shall deposit the fee in accordance with section 28,820
4731.24 of the Revised Code, except that, until July 30, 2001, 28,822
the board shall deposit twenty dollars of the fee into the state 28,823
treasury to the credit of the physician loan repayment fund 28,824
created by section 3702.78 of the Revised Code. 28,825
(2) The board shall mail or cause to be mailed to every 28,828
person registered to practice medicine and surgery, osteopathic 28,829
medicine and surgery, or podiatry, an application for 28,830
registration addressed to the person's last known post-office 28,831
address or may cause the application to be sent to the person 28,833
through the secretary of any recognized medical, osteopathic, or 28,834
podiatric society, according to the following schedule: 28,836
(a) To persons whose last name begins with the letters "A" 28,838
through "B," on or before January 1, 2001, and the first day of 28,840
January of every odd-numbered year thereafter; 28,841
(b) To persons whose last name begins with the letters "C" 28,844
through "D," on or before October 1, 2000, and the first day of 28,847
October of every even-numbered year thereafter; 28,848
(c) To persons whose last name begins with the letters "E" 28,851
through "G," on or before July 1, 2000, and the first day of July 28,854
of every even-numbered year thereafter; 28,855
(d) To persons whose last name begins with the letters "H" 28,858
through "K," on or before April 1, 2000, and the first day of 28,861
April of every even-numbered year thereafter; 28,862
(e) To persons whose last name begins with the letters "L" 28,865
through "M," on or before January 1, 2000, and the first day of 28,868
668
January of every even-numbered year thereafter; 28,869
(f) To persons whose last name begins with the letters "N" 28,872
through "R," on or before October 1, 1999, and the first day of 28,875
October of every odd-numbered year thereafter; 28,876
(g) To persons whose last name begins with the letter "S," 28,879
on or before July 1, 1999, and the first day of July of every 28,881
odd-numbered year thereafter; 28,882
(h) To persons whose last name begins with the letters "T" 28,885
through "Z," on or before April 1, 1999, and the first day of 28,888
April of every odd-numbered year thereafter. 28,889
Failure of any person to receive an application from the 28,892
board shall not excuse the person from the requirements contained 28,893
in this section. The application shall contain proper spaces for 28,894
the applicant's signature and the insertion of the required 28,895
information, including a statement that the person has fulfilled 28,897
the continuing education requirements imposed by this section. 28,898
The applicant shall write or cause to be written upon the 28,900
application so furnished the applicant's full name, principal 28,902
practice address and residence address, the number of the 28,904
applicant's certificate to practice, and any other facts for the 28,906
identification of the applicant as a person holding a certificate 28,907
to practice under this chapter as the board considers necessary. 28,908
The applicant shall include with the application a list of the 28,909
names and addresses of any clinical nurse specialists, certified 28,910
nurse-midwives, or certified nurse practitioners with whom the 28,911
applicant is currently collaborating, as defined in section 28,912
4723.02 of the Revised Code. The applicant shall execute and 28,915
deliver the application to the board by mail or in person. Every 28,916
person registered under this section shall give written notice to 28,917
the board of any change of principal practice address or 28,918
residence address or in the list within thirty days of the 28,919
change.
The applicant shall report any criminal offense that 28,921
constitutes grounds for refusal of registration under section 28,922
669
4731.22 of the Revised Code to which the applicant has pleaded 28,923
guilty, of which the applicant has been found guilty, or for 28,926
which the applicant has been found eligible for treatment in lieu 28,927
of conviction, since last signing an application for a 28,929
certificate of registration.
(C) The board shall issue to any person holding a 28,931
certificate under this chapter to practice medicine and surgery, 28,932
osteopathic medicine and surgery, or podiatry, upon application 28,933
and qualification therefor in accordance with this section, a 28,934
certificate of registration under the seal of the board. A 28,935
certificate of registration shall be valid for a two-year period, 28,936
commencing on the first day of the third month after the 28,938
registration fee is due and expiring on the last day of the month 28,940
two years thereafter. 28,941
The board shall publish and cause to be mailed to each 28,945
person registered under this section, upon request, a printed 28,946
list of the persons so registered.
(D) Failure of any certificate holder to register and 28,948
comply with this section shall operate automatically to suspend 28,949
the holder's certificate to practice. Continued practice after 28,952
the suspension of the certificate to practice shall be considered 28,953
as practicing in violation of section 4731.41, 4731.43, or 28,955
4731.60 of the Revised Code. Subject to section 4731.222 of the 28,956
Revised Code, the board shall reinstate a certificate to practice 28,957
for failure to register upon an applicant's submission of the 28,958
biennial registration fee, the applicable monetary penalty, and 28,960
certification by signature of the applicant that the applicant 28,961
has completed the requisite continuing medical education. The 28,962
penalty for reinstatement shall be fifty dollars if the 28,964
certificate has been suspended for two years or less and one 28,965
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 28,966
accordance with section 4731.24 of the Revised Code. 28,968
(E) If an individual certifies completion of the number of 28,970
670
hours and type of continuing medical education required to 28,972
receive a certificate of registration or reinstatement of a 28,973
certificate to practice, and the board finds through the random 28,974
samples it conducts under this section or through any other means 28,975
that the individual did not complete the requisite continuing 28,976
medical education, the board may impose a civil penalty of not 28,977
more than five thousand dollars. The board's finding shall be 28,978
made pursuant to an adjudication under Chapter 119. of the 28,979
Revised Code and by an affirmative vote of not fewer than six 28,981
members.
A civil penalty imposed under this division may be in 28,983
addition to or in lieu of any other action the board may take 28,984
under section 4731.22 of the Revised Code. The board shall 28,986
deposit civil penalties in accordance with section 4731.24 of the 28,987
Revised Code.
(F) The state medical board may obtain information not 28,989
protected by statutory or common law privilege from courts and 28,990
other sources concerning malpractice claims against any person 28,991
holding a certificate to practice under this chapter or 28,992
practicing as provided in section 4731.36 of the Revised Code. 28,993
Sec. 4732.05. The members of the state board of psychology 29,002
AND THE MEMBERS OF THE SCHOOL PSYCHOLOGY EXAMINATION COMMITTEE 29,003
shall receive an amount fixed under division (J) of section 29,004
124.15 of the Revised Code for each day employed in the discharge 29,005
of their official duties, and their necessary expenses while 29,006
engaged therein.
Sec. 4732.14. On or before the thirty-first day of August 29,015
of each even-numbered year, each person licensed by the state 29,016
board of psychology shall register with the board on a form 29,017
prescribed by the board, giving his THE PERSON'S name, address, 29,018
license number, the continuing education information required by 29,020
section 4732.141 of the Revised Code, and such other reasonable 29,021
information as the board requires, and pay to the board secretary 29,023
a biennial registration fee in an amount determined by the board, 29,024
671
but not to exceed two hundred SEVENTY-FIVE dollars IN FISCAL YEAR 29,025
2000 AND THREE HUNDRED FIFTY DOLLARS IN EACH FISCAL YEAR 29,026
THEREAFTER. A person licensed for the first time on or before 29,028
the thirty-first day of August of an even-numbered year shall 29,029
next be required to register on or before the thirty-first day of 29,030
August of the next even-numbered year.
Before the first day of August of each even-numbered year, 29,033
the secretary shall send a notice to each licensed psychologist 29,034
and licensed school psychologist, whether a resident or not, at 29,035
the licensed psychologist's or licensed school psychologist's 29,036
last known address, that the licensed psychologist's or licensed 29,037
school psychologist's biennial registration form and fee are due 29,038
on or before the last day of August. Before the fifteenth day of 29,039
September of such years, the secretary shall send a second notice 29,040
to each such person who has not paid the registration fee or 29,041
registered with the board as required by this section. A license 29,043
of any licensed psychologist or licensed school psychologist 29,044
shall automatically be suspended if the biennial registration fee 29,045
is not paid or the registration form is not received on or before 29,046
the thirtieth day of September of a renewal year. Within five 29,047
years thereafter, the board may reinstate any license so 29,048
suspended upon payment of the current registration fee and a 29,049
penalty not to exceed fifty dollars, as determined by the board, 29,050
and receipt of the registration form completed by the registrant 29,051
in accordance with this section and section 4732.141 of the 29,052
Revised Code or in accordance with any modifications authorized 29,053
by the board under division (F) of section 4732.141 of the 29,054
Revised Code. The board may by rule waive the payment of the
registration fee and completion of the continuing psychology 29,055
education required by section 4732.141 of the Revised Code by a 29,056
licensed psychologist or licensed school psychologist when the 29,057
licensed psychologist or licensed school psychologist is on 29,058
active duty in the armed forces of the United States. 29,059
Each licensed psychologist and licensed school psychologist 29,061
672
shall notify the secretary of any change in the licensed 29,062
psychologist's or licensed school psychologist's office address 29,063
or employment within ninety days of such change. 29,064
Sec. 4735.06. (A) Application for a license as a real 29,073
estate broker shall be made in writing to the superintendent of 29,074
real estate on blanks FORMS furnished by the superintendent and 29,075
filed with the superintendent and shall be sworn to SIGNED by the 29,077
applicant or its members or officers. Each application shall 29,079
state the name of the person applying and the location of the 29,080
place of business for which the license is desired, and give such 29,081
other information as the superintendent requires in the form of 29,082
application prescribed by the superintendent. 29,083
The application shall be accompanied by a recent photograph 29,085
of the applicant and the names of three resident freeholders of 29,086
the county in which the applicant resides or has his THE 29,087
APPLICANT'S place of business. If the applicant has resided, or 29,088
has engaged in the real estate business, for less than one year 29,090
in the county from which the application is made, the application 29,091
shall be accompanied by a recent photograph of the applicant and 29,092
the names of three resident freeholders of each of the counties 29,093
where he THE APPLICANT formerly resided or engaged in the real 29,094
estate business during the period of one year prior to the filing 29,095
of the application. No one of the freeholders shall be related 29,096
to the applicant, and one of them shall be the applicant's most 29,097
recent broker. If the applicant's most recent broker is a 29,098
relative of the applicant or is not a freeholder, the name of a 29,099
third freeholder shall be furnished. The freeholders shall 29,100
furnish information to the superintendent, on forms prescribed by 29,101
the superintendent, concerning the character of the applicant. 29,102
If the applicant maintains more than one place of business within 29,103
the state, he THE APPLICANT shall apply for and procure a 29,104
duplicate license for each branch office so maintained by him THE 29,105
APPLICANT. Each branch office shall be in the charge of a 29,107
licensed broker or salesman SALESPERSON.
673
If the applicant is a partnership or association, the names 29,109
of all the members also shall be stated, and, if the applicant is 29,110
a corporation, the names of its president and of each of its 29,111
officers also shall be stated. The superintendent has the right 29,112
to reject the application of any partnership, association, or 29,113
corporation if the name proposed to be used by such partnership, 29,114
association, or corporation is likely to mislead the public or if 29,115
the name is not such as to distinguish it from the name of any 29,116
existing partnership, association, or corporation licensed under 29,117
this chapter, unless there is filed with such THE application the 29,119
written consent of such existing partnership, association, or 29,120
corporation, executed by a duly authorized representative of it, 29,121
permitting the use of the name of such existing partnership, 29,122
association, or corporation. 29,123
(B) A fee of sixty-nine dollars shall accompany the 29,126
application for a real estate broker's license, which fee shall 29,127
include the license if it is issued. The application fee shall 29,128
be retained by the superintendent if the applicant is admitted to 29,129
the examination for the license or the examination requirement is 29,130
waived, but, if an applicant is not so admitted and a waiver is 29,131
not involved, one-half of the fee shall be retained by the 29,132
superintendent to cover the expenses of processing the 29,133
application and the other one-half shall be returned to the 29,134
applicant. A fee of sixty-nine dollars shall be charged by the 29,136
superintendent for each successive application made by an 29,137
applicant. 29,138
(C) Four dollars of each fee for a real estate broker's 29,141
license shall be credited to the real estate education and 29,142
research fund, which is hereby created in the state treasury. 29,143
The Ohio real estate commission may use the fund in discharging 29,144
the duties prescribed in divisions (E), (F), and (G) of section 29,145
4735.03 of the Revised Code and shall use it in the advancement 29,146
of education and research in real estate at any institution of 29,147
higher education in the state, or in contracting with any such 29,148
674
institution for a particular research or educational project in 29,149
the field of real estate, or in advancing loans, not exceeding 29,150
eight hundred dollars, to applicants for salesman SALESPERSON 29,151
licenses, to defray the costs of satisfying the educational 29,152
requirements of division (F) of section 4735.09 of the Revised 29,153
Code. Such loans shall be made according to rules established by 29,154
the commission under the procedures of Chapter 119. of the 29,155
Revised Code, and they shall be repaid to the fund within three 29,156
years of the time they are made. No more than ten thousand 29,157
dollars shall be lent from the fund in any one year. 29,158
The governor may appoint a representative from the 29,160
executive branch to be a member ex officio of the commission for 29,161
the purpose of advising on research requests or educational 29,162
projects. The commission shall report to the general assembly on 29,163
the third Tuesday after the third Monday in January of each year 29,164
setting forth the total amount contained in the fund and the 29,165
amount of each research grant that it has authorized and the 29,166
amount of each research grant requested. A copy of all research 29,167
reports shall be submitted to the state library of Ohio and the 29,168
library of the legislative service commission. 29,169
(D) If the superintendent, with the consent of the 29,171
commission, enters into an agreement with a national testing 29,172
service to administer the real estate broker's examination, 29,173
pursuant to division (A) of section 4735.07 of the Revised Code, 29,174
the superintendent may require an applicant to pay the TESTING 29,175
SERVICE'S examination fee directly to the testing service. If 29,177
the superintendent requires the payment of the examination fee 29,178
directly to the testing service, the fee which accompanies the 29,179
application for a broker's license shall be reduced by the amount 29,180
paid to the testing service EACH APPLICANT SHALL SUBMIT TO THE 29,181
SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT DETERMINED BY THE 29,182
OHIO REAL ESTATE COMMISSION PURSUANT TO DIVISION (A)(1) OF 29,183
SECTION 4735.10 OF THE REVISED CODE. 29,184
Sec. 4735.07. (A) The superintendent of real estate, with 29,193
675
the consent of the Ohio real estate commission, may enter into 29,194
agreements with recognized national testing services to 29,195
administer the real estate broker's examination under his THE 29,196
SUPERINTENDENT'S supervision and control, consistent with the 29,197
requirements of this chapter as to the contents of such 29,199
examination.
(B) No person APPLICANT FOR A REAL ESTATE BROKER'S LICENSE 29,201
shall take the broker's examination who has not established to 29,203
the satisfaction of the superintendent that he THE APPLICANT: 29,204
(1) Is honest, truthful, and of good reputation; 29,206
(2)(a) Has not been convicted of a felony or crime of 29,208
moral turpitude, or if he THE APPLICANT has been so convicted, 29,209
the superintendent has disregarded the conviction because the 29,211
applicant has proven to the superintendent, by a preponderance of 29,212
the evidence, that his THE APPLICANT'S activities and employment 29,213
record since the conviction show that he THE APPLICANT is honest, 29,215
truthful, and of good reputation, and there is no basis in fact 29,217
for believing that he THE APPLICANT again will violate the laws 29,218
involved;
(b) Has not been finally adjudged by a court to have 29,220
violated any municipal, state, or federal civil rights laws 29,221
relevant to the protection of purchasers or sellers of real 29,222
estate or, if he THE APPLICANT has been so adjudged, at least two 29,224
years have passed since the court decision and the superintendent 29,226
has disregarded the adjudication because the applicant has 29,227
proven, by a preponderance of the evidence, that his THE 29,228
APPLICANT'S activities and employment record since the 29,229
adjudication show that he THE APPLICANT is honest, truthful, and 29,230
of good reputation, and there is no basis in fact for believing 29,231
that he THE APPLICANT will again violate the laws involved; 29,232
(3) Has not, during any period in which he THE APPLICANT 29,234
was licensed under this chapter, violated any provision of, or 29,236
any rule adopted pursuant to, this chapter, or, if he THE 29,237
APPLICANT has violated any such provision or rule, has 29,238
676
established to the satisfaction of the superintendent that he THE 29,239
APPLICANT will not again violate such provision or rule; 29,240
(4) Is at least eighteen years of age; 29,242
(5) Has been a licensed real estate broker or salesman 29,244
SALESPERSON for at least two years; during at least two of the 29,245
five years preceding his THE PERSON'S application, has worked as 29,247
a licensed real estate broker or salesman SALESPERSON for an 29,249
average of at least thirty hours per week; and has completed one 29,250
of the following:
(a) At least twenty real estate transactions, in which 29,252
property was sold for another by the applicant while acting in 29,253
his THE capacity as OF a real estate broker or salesman 29,255
SALESPERSON;
(b) Such equivalent experience as is defined by rules 29,257
adopted by the commission; 29,258
(6)(a) If licensed as a real estate salesman SALESPERSON 29,260
prior to January 1, 1990, successfully has completed at an 29,261
institution of higher education all of the following: 29,262
(i) Thirty hours of classroom instruction in real estate 29,264
practice; 29,265
(ii) Thirty hours of classroom instruction that includes 29,267
the subjects of Ohio real estate law, municipal, state, and 29,268
federal civil rights law, new case law on housing discrimination, 29,269
desegregation issues, and methods of eliminating the effects of 29,270
prior discrimination. If feasible, the classroom instruction in 29,271
Ohio real estate law shall be taught by a member of the faculty 29,272
of an accredited law school. If feasible, the classroom 29,273
instruction in municipal, state, and federal civil rights law, 29,274
new case law on housing discrimination, desegregation issues, and 29,275
methods of eliminating the effects of prior discrimination shall 29,276
be taught by a staff member of the Ohio civil rights commission 29,277
who is knowledgeable with respect to those subjects. The 29,278
requirements of this division do not apply to an applicant who is 29,279
admitted to practice before the supreme court. 29,280
677
(iii) Thirty hours of classroom instruction in real estate 29,282
appraisal; 29,283
(iv) Thirty hours of classroom instruction in real estate 29,285
finance; 29,286
(v) Three quarter hours, or its equivalent in semester 29,288
hours, in financial management; 29,289
(vi) Three quarter hours, or its equivalent in semester 29,291
hours, in human resource or personnel management; 29,292
(vii) Three quarter hours, or its equivalent in semester 29,294
hours, in applied business economics; 29,295
(viii) Three quarter hours, or its equivalent in semester 29,297
hours, in business law. 29,298
(b) Division (B)(6)(a) of this section does not apply to 29,300
any applicant who holds a valid real estate salesman's 29,301
SALESPERSON'S license issued prior to January 2, 1972, or to 29,302
applicants for a limited real estate broker's or salesman's 29,304
SALESPERSON'S license. Divisions (B)(6)(a)(v), (vi), (vii), and 29,305
(viii) of this section do not apply to any applicant who holds a 29,306
valid real estate salesman's SALESPERSON'S license issued prior 29,307
to January 3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 29,309
or after January 3, 1984, satisfactorily has completed a minimum 29,310
of two years of post-secondary education, or its equivalent in 29,311
semester or quarter hours, at an institution of higher education, 29,312
and has fulfilled the requirements of division (B)(6)(a) of this 29,313
section. The requirements of division (B)(6)(a) of this section 29,314
may be included in the two years of post-secondary education, or 29,315
its equivalent in semester or quarter hours, that is required by 29,316
this division. 29,317
(C) Each applicant for a broker's license shall be 29,319
examined in the principles of real estate practice, Ohio real 29,320
estate law, and financing and appraisal, and as to the duties of 29,321
real estate brokers and real estate salesmen SALESPERSONS, the 29,322
applicant's knowledge of real estate transactions and instruments 29,323
678
relating to them, and the canons of business ethics pertaining to 29,324
them. The commission from time to time shall promulgate such 29,325
canons and cause them to be published in printed form. 29,326
Each applicant for a limited real estate broker's or 29,328
limited real estate salesman's SALESPERSON'S license shall be 29,329
examined only in the areas specified in section 4735.091 of the 29,330
Revised Code.
(D) Examinations shall be given entirely in writing, 29,332
except that they shall be administered orally or in braille to 29,333
the blind, as defined in section 5109.15 of the Revised Code, or 29,334
orally to an individual whose physical disability, as supported 29,335
by a physician's statement, renders it impossible to take a 29,336
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 29,337
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 29,339
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 29,340
examination shall be consistent with the requirements of division 29,343
(B)(6)(a) of this section and with the other specific 29,344
requirements of this section. An applicant who has completed the 29,345
requirements of division (B)(6)(a) of this section at the time of 29,346
application may be examined at the next regularly scheduled 29,347
examination after he THE APPLICANT is notified of his admission 29,348
to the examination.
(E) The superintendent may waive the requirement of 29,350
examination in the case of an application from a nonresident real 29,351
estate broker of a state having similar requirements and under 29,352
the laws of which similar recognition is extended to licensed 29,353
real estate brokers and real estate salesmen SALESPERSONS of this 29,355
state.
(F) There shall be no limit placed on the number of times 29,357
an applicant may retake the examination. 29,358
(G) The superintendent in his THE SUPERINTENDENT'S 29,360
discretion may waive the requirement of examination if the 29,362
applicant has been licensed as a real estate broker by the 29,363
superintendent or commission at some time during the two-year 29,364
679
period immediately preceding the date of the current application. 29,365
(H)(1) Within twelve months from the date of issuance of 29,367
any real estate broker's license issued on or after January 1, 29,368
1990, the EACH licensee successfully shall complete, at an 29,369
institution of higher education or any other institution that is 29,371
approved by the commission, ten hours of classroom instruction in 29,372
real estate brokerage. That instruction shall include, but not 29,373
be limited to, current issues in managing a real estate company 29,374
or office. Upon completion of the instruction, the licensee shall 29,375
cause to be filed with the superintendent a certificate from the 29,376
institution showing that he THE LICENSEE successfully has 29,377
completed the requirements of this division IN ACCORDANCE WITH 29,379
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 29,380
(a) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 29,382
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 29,384
COMPLETION OF INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 29,386
MONTHS AFTER THE DATE OF ISSUANCE OF THE SALESPERSON'S LICENSE;
(b) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 29,388
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF INSTRUCTION TO THE 29,390
SUPERINTENDENT ON OR BEFORE THE DATE THE LICENSEE'S FIRST 29,392
CONTINUING EDUCATION REQUIREMENT, AFTER LICENSURE AS A 29,393
SALESPERSON, MUST BE MET UNDER SECTION 4735.141 OF THE REVISED 29,394
CODE.
If the instruction is not successfully completed within 29,396
twelve months THE TIME PERIOD PRESCRIBED BY THIS DIVISION, the 29,397
license of the real estate broker is suspended automatically 29,399
without the taking of any action by the commission. The broker 29,400
then shall have one year after the date of the suspension of his 29,401
THE BROKER'S license to successfully complete the instruction 29,403
required under this division, and his THE BROKER'S license shall 29,404
not be reinstated by the superintendent until it is established,
to the satisfaction of the superintendent, that the requirements 29,405
of this division have been met. 29,406
(2) If the license of a real estate broker is suspended 29,408
680
pursuant to division (H)(1) of this section, the license of a 29,409
real estate salesman SALESPERSON associated with that broker 29,410
correspondingly is suspended pursuant to division (B) of section 29,412
4735.20 of the Revised Code. However, the suspended license of 29,413
the associated real estate salesman SALESPERSON shall be 29,414
reinstated REACTIVATED and no fee shall be charged or collected 29,416
for that reinstatement REACTIVATION if all of the following 29,418
occur:
(a) That broker subsequently submits satisfactory proof to 29,420
the superintendent that he THE BROKER has complied with the 29,421
requirements of division (H)(1) of this section and requests that 29,423
his THE BROKER'S license as a real estate broker be reinstated 29,424
REACTIVATED; 29,425
(b) The superintendent then reinstates his REACTIVATES THE 29,427
BROKER'S license as a real estate broker; 29,429
(c) The associated real estate salesman SALESPERSON 29,431
intends to continue to be associated with that broker and 29,432
otherwise is in compliance with this chapter. 29,433
Sec. 4735.09. (A) Application for a license as a real 29,443
estate salesman SALESPERSON shall be made in writing to the 29,444
superintendent of real estate on blanks FORMS furnished by the 29,445
superintendent and signed and sworn to by the applicant. The 29,448
application shall be in the form prescribed by the superintendent 29,449
and shall contain such information as is required by this chapter 29,450
and the rules of the Ohio real estate commission. The 29,451
application shall be accompanied by a recent photograph of the 29,452
applicant and the recommendation of the real estate broker with 29,453
whom he THE APPLICANT is associated or with whom he THE APPLICANT 29,454
intends to be associated, certifying that the applicant is 29,456
honest, truthful, and of good reputation, has not been convicted 29,457
of a felony or a crime involving moral turpitude, and has not 29,458
been finally adjudged by a court to have violated any municipal, 29,459
state, or federal civil rights laws relevant to the protection of 29,460
purchasers or sellers of real estate, which conviction or 29,461
681
adjudication the applicant has not disclosed to the 29,462
superintendent, and recommending that the applicant be admitted 29,463
to the examination for real estate salesman. 29,464
(B) A fee of forty-nine dollars shall accompany the 29,467
application, which fee shall include the license if it is issued. 29,468
The application fee shall be retained by the superintendent if 29,469
the applicant is admitted to the examination for the license or 29,470
the examination requirement is waived, but, if an applicant is 29,471
not so admitted and a waiver is not involved, one-half of the fee 29,472
shall be retained by the superintendent to cover the expenses of 29,473
processing the application and the other one-half shall be 29,474
returned to the applicant. A fee of forty-nine dollars shall be 29,476
charged by the superintendent for each successive application 29,477
made by the applicant. Four dollars of each fee shall be 29,479
credited to the real estate education and research fund. 29,480
(C) There shall be no limit placed on the number of times 29,482
an applicant may retake the examination. 29,483
(D) The superintendent, with the consent of the 29,485
commission, may enter into an agreement with a recognized 29,486
national testing service to administer the real estate salesman's 29,487
SALESPERSON'S examination under his THE SUPERINTENDENT'S 29,488
supervision and control, consistent with the requirements of this 29,490
chapter as to the contents of such THE examination. 29,491
If the superintendent, with the consent of the commission, 29,493
enters into an agreement with a national testing service to 29,494
administer the real estate salesman's SALESPERSON'S examination, 29,495
the superintendent may require an applicant to pay the TESTING 29,496
SERVICE'S examination fee directly to the testing service. If 29,498
the superintendent requires the payment of the examination fee 29,499
directly to the testing service, the fee which accompanies the 29,500
application to take the salesman's examination shall be reduced 29,501
by the amount paid to the testing service EACH APPLICANT SHALL 29,502
SUBMIT TO THE SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT 29,503
DETERMINED BY THE OHIO REAL ESTATE COMMISSION PURSUANT TO 29,504
682
DIVISION (A)(1) OF SECTION 4735.10 OF THE REVISED CODE. 29,505
(E) The superintendent shall issue a real estate 29,507
salesman's SALESPERSON'S license when satisfied that the 29,508
applicant has received a grade of seventy-five per cent or better 29,510
on the salesman's SALESPERSON'S examination, except that the 29,511
superintendent may waive the requirement of examination if the 29,512
applicant was licensed by the commission or superintendent at 29,513
some time within the two-year period immediately preceding the 29,514
date of the current application IS A LICENSED REAL ESTATE 29,516
SALESPERSON IN ANOTHER STATE AND THAT STATE DOES BOTH OF THE 29,517
FOLLOWING:
(1) IT APPLIES LICENSING REQUIREMENTS SIMILAR TO THOSE 29,519
APPLIED IN THIS STATE AS DETERMINED BY THE SUPERINTENDENT. 29,520
(2) IT EXTENDS SIMILAR RECIPROCITY TO LICENSED REAL ESTATE 29,522
SALESPERSONS IN THIS STATE. 29,523
(F) No person APPLICANT FOR A SALESPERSON'S LICENSE shall 29,525
take the salesman's SALESPERSON'S examination who has not 29,527
established to the satisfaction of the superintendent that he THE 29,528
APPLICANT:
(1) Is honest, truthful, and of good reputation; 29,530
(2)(a) Has not been convicted of a felony or crime of 29,532
moral turpitude or, if he THE APPLICANT has been so convicted, 29,533
the superintendent has disregarded the conviction because the 29,535
applicant has proven to the superintendent, by a preponderance of 29,536
the evidence, that his THE APPLICANT'S activities and employment 29,537
record since the conviction show that he THE APPLICANT is honest, 29,539
truthful, and of good reputation, and there is no basis in fact 29,541
for believing that he THE APPLICANT again will violate the laws 29,542
involved;
(b) Has not been finally adjudged by a court to have 29,544
violated any municipal, state, or federal civil rights laws 29,545
relevant to the protection of purchasers or sellers of real 29,546
estate or, if he THE APPLICANT has been so adjudged, at least two 29,548
years have passed since the court decision and the superintendent 29,549
683
has disregarded the adjudication because the applicant has 29,550
proven, by a preponderance of the evidence, that he THE APPLICANT 29,551
is honest, truthful, and of good reputation, and there is no 29,552
basis in fact for believing that he THE APPLICANT again will 29,554
violate the laws involved.
(3) Has not, during any period in which he THE APPLICANT 29,556
was licensed under this chapter, violated any provision of, or 29,557
any rule adopted pursuant to this chapter, or, if he THE 29,558
APPLICANT has violated such provision or rule, has established to 29,559
the satisfaction of the superintendent that he THE APPLICANT will 29,560
not again violate such provision or rule; 29,561
(4) Is at least eighteen years of age; 29,563
(5) If born after the year 1950, has a high school diploma 29,565
or its equivalent as recognized by the state department of 29,566
education; 29,567
(6)(a) Has successfully completed at an institution of 29,569
higher education all of the following: 29,570
(i) Thirty hours of classroom instruction in real estate 29,572
practice; 29,573
(ii) Thirty hours of classroom instruction that includes 29,575
the subjects of Ohio real estate law, municipal, state, and 29,576
federal civil rights law, new case law on housing discrimination, 29,577
desegregation issues, and methods of eliminating the effects of 29,578
prior discrimination. If feasible, the classroom instruction in 29,579
Ohio real estate law shall be taught by a member of the faculty 29,580
of an accredited law school. If feasible, the classroom 29,581
instruction in municipal, state, and federal civil rights law, 29,582
new case law on housing discrimination, desegregation issues, and 29,583
methods of eliminating the effects of prior discrimination shall 29,584
be taught by a staff member of the Ohio civil rights commission 29,585
who is knowledgeable with respect to those subjects. The 29,586
requirements of this division do not apply to an applicant who is 29,587
admitted to practice before the supreme court. 29,588
(iii) Thirty hours of classroom instruction in real estate 29,590
684
appraisal; 29,591
(iv) Thirty hours of classroom instruction in real estate 29,593
finance. 29,594
(b) Any person who has not been licensed as a real estate 29,596
salesman SALESPERSON or broker within a four-year period 29,597
immediately preceding his THE PERSON'S current application for 29,598
the salesman's SALESPERSON'S examination shall have successfully 29,599
completed the classroom instruction required by division 29,601
(F)(6)(a) of this section within a ten-year period immediately 29,602
preceding his THE PERSON'S current application for the salesman's 29,603
SALESPERSON'S examination.
(G) Within twelve months from the date of issuance of any 29,605
real estate salesman's license issued on or after January 4, 29,607
1988, and prior to January 1, 1990, or within twenty-four months
from the date of issuance of any real estate salesman's license 29,609
issued on or after January 1, 1987, and prior to January 4, 1988, 29,610
the licensee shall submit proof of successful completion, at an 29,611
institution of higher education, of thirty hours of classroom 29,612
instruction in both real estate appraisal and real estate 29,613
finance. Within twelve months from the date of issuance of any 29,614
real estate saleman's license issued on or after January 1, 1990, 29,616
the EACH licensee shall submit proof of successful completion, at 29,617
an institution of higher education or any other institution 29,619
approved by the commission, of ten hours of classroom instruction 29,620
in real estate courses that cover current issues regarding 29,621
consumers, real estate practice, ethics, and real estate law. 29,622
Upon completion of the instruction, the licensee shall cause to 29,623
have filed with the superintendent a certificate from the 29,624
institution showing that he THE LICENSEE successfully has 29,625
completed the requirements of this division IN ACCORDANCE WITH 29,628
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 29,629
(1) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 29,631
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 29,632
COMPLETION OF THE INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 29,634
685
MONTHS AFTER THE DATE OF ISSUANCE OF THE REAL ESTATE BROKER'S 29,635
LICENSE;
(2) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 29,637
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF THE INSTRUCTION TO THE 29,638
SUPERINTENDENT ON OR BEFORE THE LICENSEE'S FIRST CONTINUING 29,640
EDUCATION REQUIREMENT, AFTER LICENSURE AS A BROKER, MUST BE MET 29,641
UNDER SECTION 4735.141 OF THE REVISED CODE. If 29,642
IF proof of successful completion of the required 29,644
instruction is not submitted within the time period prescribed by 29,645
this division, his THE LICENSEE'S license is suspended 29,646
automatically without the taking of any action by the commission. 29,648
The superintendent immediately shall notify the broker with whom 29,649
such salesman SALESPERSON is associated of the suspension of his 29,650
THE SALESPERSON'S license. A salesman SALESPERSON whose license 29,651
has been suspended under this division shall have one year after 29,652
the date of the suspension of the SALESPERSON'S license to submit 29,653
proof of successful completion of the instruction required under 29,655
this division. No such license shall be reinstated REACTIVATED 29,656
by the superintendent until it is established, to the 29,659
satisfaction of the superintendent, that the requirements of this 29,660
division have been met. 29,661
(H) Examinations shall be given entirely in writing, 29,663
except that they shall be administered orally or in braille to 29,664
the blind, as defined in section 5109.15 of the Revised Code, or 29,665
orally to an individual whose physical disability, as supported 29,666
by a physician's statement, renders it impossible to take a 29,667
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 29,668
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 29,670
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 29,671
examination shall be consistent with the classroom instructional 29,673
requirements of division (F)(6)(a) of this section. All persons 29,674
whose applications are pending shall be notified by mail at least 29,675
sixty days prior to such examination, except that an applicant 29,676
who has completed the classroom instructional requirements of 29,677
686
division (F)(6)(a) of this section at the time of application may 29,678
be examined at the next regularly scheduled examination after he 29,679
THE APPLICANT is notified of his THE APPLICANT'S admission to the 29,681
examination. Nothing in this section shall be construed to 29,683
prevent an applicant from completing, in the discretion of the 29,684
superintendent, the classroom instructional requirements of 29,685
division (F)(6)(a) of this section concurrently with the 29,686
processing of his THE APPLICANT'S application for examination. 29,687
Sec. 4735.14. (A) Each license issued under this chapter, 29,697
shall be valid without further recommendation or examination 29,698
until CANCELED, revoked or, suspended, OR SUCH LICENSE EXPIRES BY 29,700
OPERATION OF LAW.
(B) Each real estate LICENSED broker licensee, BROKERAGE, 29,703
OR SALESPERSON shall file, on or before the date the Ohio real 29,705
estate commission has adopted by rule for that licensee in 29,706
accordance with division (A)(2)(e) of section 4735.10 of the
Revised Code, a certificate of continuation in business on a form 29,707
prescribed by the superintendent of real estate listing all real 29,708
estate salespersons. The certificate of continuation in business 29,710
shall be mailed by the superintendent to the licensee's place of 29,711
business PERSONAL RESIDENCE OF EACH BROKER OR SALESPERSON AND THE 29,712
PLACE OF BUSINESS OF THE BROKERAGE two months prior to THE filing 29,713
deadline.
(C) The license of any real estate broker, BROKERAGE, or 29,716
salesperson who THAT fails to file a certificate of continuation 29,717
prior to ON OR BEFORE the filing deadline of each ensuing year 29,719
shall be revoked, unless the superintendent, for good cause 29,720
shown, determines that the certificate of continuation could not 29,721
have been filed by the filing deadline, but is filed within 29,722
fifteen days from that date CANCELED. A CANCELED LICENSE MAY BE 29,723
REACTIVATED WITHIN ONE YEAR OF CANCELLATION, PROVIDED THAT THE 29,724
RENEWAL FEE PLUS A PENALTY FEE OF FIFTY PER CENT OF THE RENEWAL 29,725
FEE IS PAID TO THE SUPERINTENDENT. FAILURE TO REACTIVATE THE 29,726
LICENSE AS PROVIDED IN THIS DIVISION SHALL RESULT IN REVOCATION
687
OF THE LICENSE. NO PERSON, PARTNERSHIP, ASSOCIATION, 29,727
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNERSHIP 29,728
SHALL ENGAGE IN ANY ACT OR ACTS FOR WHICH A REAL ESTATE LICENSE 29,729
IS REQUIRED WHILE THAT ENTITY'S LICENSE IS CANCELED OR REVOKED. 29,730
Sec. 4735.141. (A) Except as otherwise provided in this 29,740
division, on or before January 31, 1983, and on or before the 29,741
thirty-first day of January of every third year thereafter, each 29,742
licensee who was licensed by the state prior to January 1, 1980, 29,743
as a real estate broker or salesperson shall submit proof 29,744
satisfactory to the superintendent of real estate that the 29,745
licensee has satisfactorily completed, during the preceding three 29,746
years, thirty classroom hours of continuing education as 29,747
prescribed by the Ohio real estate commission pursuant to section 29,748
4735.10 of the Revised Code. Persons licensed as real estate 29,749
salespersons within the state on or after January 1, 1980, shall 29,750
submit the proof to the superintendent on or before the last day 29,751
of the month of the third year directly following the filing of 29,752
the certificate prescribed in division (G) of section 4735.09 of 29,753
the Revised Code, and every third year thereafter. Persons EACH 29,754
PERSON LICENSED UNDER SECTION 4735.07 OR 4735.09 OF THE REVISED 29,756
CODE SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT OF 29,758
REAL ESTATE THAT THE LICENSEE HAS SATISFACTORILY COMPLETED THIRTY 29,759
CLASSROOM HOURS OF CONTINUING EDUCATION, AS PRESCRIBED BY THE 29,760
OHIO REAL ESTATE COMMISSION PURSUANT TO SECTION 4735.10 OF THE 29,761
REVISED CODE, ON OR BEFORE THE LICENSEE'S BIRTHDAY OCCURRING 29,763
THREE YEARS AFTER THE LICENSEE'S DATE OF INITIAL LICENSURE, AND 29,764
ON OR BEFORE THE LICENSEE'S BIRTHDAY EVERY THREE YEARS
THEREAFTER. 29,765
PERSONS licensed as real estate salespersons who 29,768
subsequently become licensed real estate brokers, shall continue 29,769
to submit proof of continuing education on IN ACCORDANCE WITH the 29,770
schedule TIME PERIOD established when they were licensed real 29,773
estate salespersons. The IN THIS SECTION. 29,774
THE requirements of this section shall not apply to persons 29,777
688
licensed under section 4735.091 of the Revised Code or to any 29,778
physically handicapped licensee as provided in division (E) of
this section. 29,779
Each licensee who is seventy years of age or older on the 29,781
effective date of this amendment, and each licensee who will be 29,783
seventy years of age or older within three years after the 29,784
effective date of this amendment JUNE 14, 1999, shall submit, ON 29,785
OR BEFORE THE LICENSEE'S BIRTHDAY OCCURRING THREE YEARS AFTER THE 29,787
EFFECTIVE DATE OF THIS AMENDMENT, AND ON OR BEFORE THE LICENSEE'S 29,788
BIRTHDAY EVERY THREE YEARS THEREAFTER, proof satisfactory to the 29,789
superintendent OF REAL ESATE that the licensee has satisfactorily 29,790
completed during the three-year period commencing on the 29,791
effective date of this amendment, and every three-year period 29,793
thereafter, a total of nine classroom hours of continuing 29,794
education, including instruction in Ohio real estate law; 29,795
recently enacted state and federal laws affecting the real estate 29,796
industry; municipal, state, and federal civil rights law; and 29,798
canons of ethics for the real estate industry as adopted by the 29,799
commission. The commission shall adopt reasonable rules in 29,800
accordance with Chapter 119. of the Revised Code to carry out the 29,802
purposes of this paragraph.
A person providing any course of continuing education may 29,804
administer examinations to licensees for the purpose of 29,805
evaluating the effectiveness of the course, but passage of an 29,806
examination by a licensee shall not be a condition for successful 29,807
completion of the continuing education requirements of this 29,808
section. 29,809
(B) The continuing education requirements of this section 29,811
shall be completed in schools, seminars, and educational 29,812
institutions approved by the commission. Such approval shall be 29,813
given according to rules established by the commission under the 29,814
procedures of Chapter 119. of the Revised Code, and shall not be 29,815
limited to institutions providing two-year or four-year degrees. 29,816
Each school, seminar, or educational institution approved under 29,817
689
this division shall be open to all licensees on an equal basis. 29,818
(C) If the requirements of this section are not met by a 29,820
licensee within the period specified, the licensee's license 29,821
shall be suspended automatically without the taking of any action 29,822
by the superintendent. The superintendent shall notify the 29,823
licensee of the license suspension. Any license so suspended 29,824
shall remain suspended until it is reinstated REACTIVATED by the 29,825
superintendent. No such license shall be reinstated REACTIVATED 29,827
until it is established, to the satisfaction of the 29,829
superintendent, that the requirements of this section have been 29,830
met. If the requirements of this section are not met within two 29,831
years ONE YEAR from the date the license was suspended, the 29,833
license shall be revoked automatically without the taking of any 29,834
action by the commission. A person whose license has been 29,835
revoked and whose revoked license was issued prior to January 1, 29,836
1980, may have the person's license reinstated REACTIVATED by the 29,837
superintendent at any time after it has been revoked upon 29,838
submitting proof satisfactory to the superintendent that the 29,839
person has satisfactorily completed during the period since the 29,840
revocation of the person's license thirty classroom hours of 29,841
continuing education as prescribed by the commission pursuant to 29,842
section 4735.10 of the Revised Code. Upon reinstatement 29,843
REACTIVATION of the person's license, the licensee shall comply 29,845
with the educational requirements of division (A) of this 29,846
section.
(D) If the license of a real estate broker is suspended 29,848
pursuant to division (C) of this section, the license of a real 29,850
estate salesperson associated with that broker correspondingly is 29,852
suspended pursuant to division (B) of section 4735.20 of the 29,853
Revised Code. However, the suspended license of the associated 29,854
real estate salesperson shall be reinstated REACTIVATED and no 29,855
fee shall be charged or collected for that reinstatement 29,858
REACTIVATION if all of the following occur: 29,861
(1) That broker subsequently submits proof to the 29,863
690
superintendent that the broker has complied with the requirements 29,864
of this section and requests that the broker's license as a real 29,865
estate broker be reinstated; REACTIVATED. 29,866
(2) The superintendent then reinstates REACTIVATES the 29,868
broker's license as a real estate broker;. 29,870
(3) The associated real estate salesperson intends to 29,872
continue to be associated with that broker, has complied with the 29,873
requirements of this section, and otherwise is in compliance with 29,874
this chapter. 29,875
ANY PERSON WHOSE LICENSE IS REACTIVATED PURSUANT TO THIS 29,877
DIVISION SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT 29,878
THAT THE PERSON HAS COMPLETED THIRTY HOURS OF CONTINUING 29,879
EDUCATION, AS PRESCRIBED BY THE OHIO REAL ESTATE COMMISSION, ON 29,880
OR BEFORE THE THIRD YEAR FOLLOWING THE LICENSEE'S BIRTHDAY 29,881
OCCURRING IMMEDIATELY AFTER REACTIVATION. 29,882
(E) Any licensee who is a physically handicapped licensee 29,884
at any time during the last three months of the third year of the 29,885
licensee's continuing education reporting period may receive an 29,886
extension of time to submit proof to the superintendent that the 29,887
licensee has satisfactorily completed the required thirty hours 29,888
of continuing education. To receive an extension of time, the 29,889
licensee shall submit a request to the division of real estate 29,890
for the extension and proof satisfactory to the commission that 29,891
the licensee was a physically handicapped licensee at some time 29,892
during the last three months of the three-year reporting period. 29,893
The proof shall include, but is not limited to, a signed 29,894
statement by the licensee's attending physician describing the 29,895
physical disability, certifying that the licensee's disability is 29,896
of such a nature as to prevent the licensee from attending any 29,897
classroom instruction lasting at least three hours in duration, 29,898
and stating the expected duration of the physical disability. 29,899
The licensee shall request the extension and provide the 29,900
physician's statement to the division no later than one month
prior to the end of the licensee's three-year continuing 29,901
691
education reporting period, unless the physical disability did 29,902
not arise until the last month of the three-year reporting 29,903
period, in which event the licensee shall request the extension 29,904
and provide the physician's statement as soon as practical after 29,905
the occurrence of the physical disability. A licensee granted an 29,906
extension pursuant to this division who is no longer a physically 29,907
handicapped licensee and who submits proof of completion of the 29,908
continuing education during the extension period, shall submit, 29,909
for future continuing education reporting periods, proof of 29,910
completion of the continuing education requirements according to 29,911
the schedule established in division (A) of this section. 29,912
Sec. 4736.12. (A) The state board of sanitarian 29,921
registration shall charge the following fees: 29,922
(1) To apply as a sanitarian-in-training, forty-five 29,924
FIFTY-FIVE dollars; 29,925
(2) For sanitarians-in-training to apply for registration 29,927
as sanitarians, forty-five FIFTY-FIVE dollars. The applicant 29,928
shall pay this fee only once regardless of the number of times 29,930
the applicant takes an examination required under section 4736.08 29,931
of the Revised Code.
(3) For persons other than sanitarians-in-training to 29,933
apply for registration as sanitarians, including persons meeting 29,934
the requirements of section 4736.16 of the Revised Code, ninety 29,935
ONE HUNDRED TEN dollars. The applicant shall pay this fee only 29,937
once regardless of the number of times the applicant takes an 29,938
examination required under section 4736.08 of the Revised Code. 29,939
(4) The renewal fee for registered sanitarians shall be 29,941
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 29,942
dollars and fifty cents. 29,944
(5) The renewal fee for sanitarians-in-training shall be 29,946
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 29,947
dollars and fifty cents. 29,949
(6) FOR LATE APPLICATION FOR RENEWAL, TWENTY-FIVE DOLLARS. 29,951
The board of sanitarian registration, with the approval of 29,953
692
the controlling board, may establish fees in excess of the 29,954
amounts provided in this section, provided that such fees do not 29,955
exceed the amounts permitted by this section by more than fifty 29,956
per cent. 29,957
(B) The board of sanitarian registration shall charge 29,959
separate fees for examinations as required by section 4736.08 of 29,960
the Revised Code, provided that the fees are not in excess of the 29,961
actual cost to the board of conducting the examinations. 29,962
(C) THE BOARD OF SANITARIAN REGISTRATION MAY ADOPT RULES 29,964
ESTABLISHING FEES FOR ALL OF THE FOLLOWING: 29,965
(1) APPLICATION FOR THE REGISTRATION OF A TRAINING AGENCY 29,967
APPROVED UNDER RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 29,968
4736.11 OF THE REVISED CODE AND FOR THE ANNUAL REGISTRATION 29,969
RENEWAL OF AN APPROVED TRAINING AGENCY.
(2) APPLICATION FOR THE REVIEW OF CONTINUING EDUCATION 29,971
HOURS SUBMITTED FOR THE BOARD'S APPROVAL BY APPROVED TRAINING 29,972
AGENCIES OR BY REGISTERED SANITARIANS OR SANITARIANS-IN-TRAINING. 29,973
Sec. 4741.17. (A) Applicants or registrants shall pay to 29,982
the state veterinary medical licensing board: 29,983
(1) For an initial VETERINARY license based on 29,985
examination, ON OR AFTER THE FIRST DAY OF MARCH in an 29,986
even-numbered year, three hundred seventy-five dollars, and ON OR 29,988
AFTER THE FIRST DAY OF MARCH in an odd-numbered year, two hundred 29,989
fifty dollars; 29,990
(2) For a VETERINARY license by reciprocity issued ON OR 29,992
AFTER THE FIRST DAY OF MARCH in an even-numbered year, four 29,994
hundred twenty-five dollars, and ON OR AFTER THE FIRST DAY OF 29,995
MARCH in an odd-numbered year, three hundred dollars; 29,996
(3) For a VETERINARY temporary permit, one hundred 29,998
dollars;
(4) For a duplicate license, thirty-five dollars; 30,000
(5) For the VETERINARY biennial renewal fee, where the 30,002
application is postmarked no later than the first day of March, 30,003
one hundred twenty-five FIFTY-FIVE dollars; where the application 30,004
693
is postmarked after the first day of March, but no later than the 30,007
first day of April, one TWO hundred seventy-five TWENTY-FIVE 30,008
dollars; and where the application is postmarked after the first 30,011
day of April, two FOUR hundred twenty-five FIFTY dollars; 30,013
(6) FOR AN INITIAL REGISTERED VETERINARY TECHNICIAN 30,015
REGISTRATION FEE ON OR AFTER THE FIRST DAY OF MARCH IN AN 30,016
ODD-NUMBERED YEAR, THIRTY-FIVE DOLLARS, AND ON OR AFTER THE FIRST 30,017
DAY OF MARCH IN AN EVEN-NUMBERED YEAR, TWENTY-FIVE DOLLARS; 30,018
(7) For the biennial RENEWAL registration fee of a 30,020
registered veterinary technician, where the application is 30,022
postmarked no later than the first day of March, twenty-five 30,023
THIRTY-FIVE dollars; where the application is postmarked after 30,026
the first day of March, but no later than the first day of April, 30,027
thirty FORTY-FIVE dollars; and where the application is 30,029
postmarked after the first day of April, thirty-five SIXTY 30,030
dollars;
(7)(8) For a specialist certificate, fifty dollars. The 30,032
certificate is not subject to renewal. 30,033
(8)(9) For the reinstatement of a suspended license, 30,035
seventy-five dollars; 30,037
(9)(10) For examinations offered by the board, a fee, 30,039
which shall be established by the board, in an amount adequate to 30,041
cover the expense of procuring, administering, and scoring 30,042
examinations.
(B) The board, subject to the approval of the controlling 30,044
board, may establish fees in excess of the amounts provided in 30,045
this section, provided that the fees do not exceed the amounts 30,046
permitted by this section by more than fifty per cent. 30,047
(C) For the purposes of divisions (A)(5) and (6)(7) of 30,049
this section, a date stamp of the office of the board may serve 30,050
in lieu of a postmark. 30,051
Sec. 4741.19. (A) Unless exempted under this chapter, no 30,060
person shall practice veterinary medicine, or any of its 30,061
branches, without a license issued by the board pursuant to 30,062
694
sections 4741.11 to 4741.13 of the Revised Code, a temporary 30,063
permit issued pursuant to section 4741.14 of the Revised Code, or 30,064
a registration certificate issued pursuant to division (C) of 30,065
this section, or with an inactive, expired, suspended, 30,066
terminated, or revoked license, temporary permit, or 30,067
registration. 30,068
(B) No veterinary student extern shall: 30,070
(1) Perform or assist surgery unless under the direct 30,072
supervision of a licensed veterinarian and unless the extern has 30,073
had the minimum education and experience prescribed by rule of 30,074
the board; 30,075
(2) Engage in any other work related to the practice of 30,077
veterinary medicine unless under the direct supervision of a 30,078
licensed veterinarian; 30,079
(3) Participate in the operation of a branch office, 30,081
clinic, or allied establishment unless a licensed veterinarian is 30,082
present on the establishment premises. 30,083
(C) No person shall act as a registered veterinary 30,085
technician unless he THE PERSON is registered with the board on a 30,087
biennial basis and pays the biennial registration fee. A
registered veterinary technician registration expires biennially 30,088
on the first day of March in the odd-numbered years, and may be 30,089
renewed in accordance with the standard renewal procedures 30,090
contained in Chapter 4745. of the Revised Code upon payment of 30,091
the biennial registration fee and fulfillment of ten continuing 30,092
education hours during the two years immediately preceding 30,093
renewal for registration. Each registered veterinary technician 30,094
shall notify in writing, the secretary of the board of any change 30,095
in his THE REGISTERED VETERINARY TECHNICIAN'S office address or 30,097
employment within ninety days after the change has taken place. 30,098
A registered veterinary technician operating under the 30,100
supervision of a licensed veterinarian may perform the following 30,101
duties: 30,102
(1) Prepare or supervise the preparation of patients, 30,104
695
instruments, equipment, and medications for surgery; 30,105
(2) Induce and monitor general anesthesia according to 30,107
medically recognized and appropriate methods; 30,108
(3) Collect or supervise the collection of specimens and 30,110
perform laboratory procedures as required by the supervising 30,111
veterinarian; 30,112
(4) Apply wound dressings, casts, or splints as required 30,114
by the supervising veterinarian; 30,115
(5) Assist a veterinarian in immunologic, diagnostic, 30,117
medical, and surgical procedures; 30,118
(6) Suture skin incisions; 30,120
(7) Dental prophylaxis; 30,122
(8) Administer or supervise the administration of topical, 30,124
oral, or parenteral medication under the direction of the 30,125
supervising veterinarian; 30,126
(9) Other ancillary veterinary technician functions that 30,128
are performed pursuant to the order and control and under the 30,129
full responsibility of a licensed veterinarian. 30,130
The degree of supervision by a licensed veterinarian over 30,132
the functions performed by the registered veterinary technician 30,133
shall be consistent with the standards of generally accepted 30,134
veterinary medical practices. 30,135
(D) A veterinarian licensed to practice in this state 30,137
shall not hold himself ONESELF out as a specialist unless he THE 30,140
VETERINARIAN has previously met the requirements of the American
veterinary medical association for a specialty or such other 30,141
requirements set by rule of the board and has paid the fee 30,142
required by division (A)(7)(8) of section 4741.17 of the Revised 30,143
Code.
(E) Notwithstanding division (A) of this section, any 30,145
animal owner or his THE OWNER'S designee may engage in the 30,146
practice of embryo transfer on the owner's animal if a licensed 30,147
veterinarian directly supervises the owner or his THE OWNER'S 30,148
designee and the means used to perform the embryo transfer are 30,149
696
nonsurgical.
Sec. 4747.05. (A) The hearing aid dealers and fitters 30,158
licensing board shall issue to each applicant, within sixty days 30,159
of receipt of a properly completed application and payment of two 30,160
hundred FIFTY dollars, a hearing aid dealer's or fitter's license 30,161
if the applicant, if an individual: 30,162
(1) Is at least eighteen years of age; 30,164
(2) Is a person of good moral character; 30,166
(3) Is free of contagious or infectious disease; 30,168
(4) Has successfully passed a qualifying examination 30,170
specified and administered by the board. 30,171
(B) If the applicant is a firm, partnership, association, 30,173
or corporation, the application, in addition to such information 30,174
as the board requires, shall be accompanied by an application for 30,175
a license for each person, whether owner or employee, of the 30,176
firm, partnership, association, or corporation, who engages in 30,177
dealing in or fitting of hearing aids, or shall contain a 30,178
statement that such applications are submitted separately. No 30,179
firm, partnership, association, or corporation licensed pursuant 30,180
to this chapter shall permit any unlicensed person to sell or fit 30,181
hearing aids. 30,182
(C) Each license issued expires on the thirtieth day of 30,184
January of the year following that in which it was issued. 30,185
Sec. 4747.06. (A) Each person engaged in the practice of 30,194
dealing in or fitting of hearing aids who holds a valid hearing 30,195
aid dealer's or fitter's license shall apply annually to the 30,196
hearing aid dealers and fitters licensing board for renewal of 30,197
such license under the standard renewal procedure specified in 30,198
Chapter 4745. of the Revised Code. The board shall issue to each 30,199
applicant, on proof of completion of the continuing education 30,200
required by division (B) of this section and payment of one 30,201
hundred twenty-five FIFTY dollars on or before the first day of 30,203
February, one hundred fifty SEVENTY-FIVE dollars on or before the 30,204
first day of March, or one TWO hundred seventy-five dollars 30,205
697
thereafter, a renewed hearing aid dealer's or fitter's license. 30,206
No person who applies for renewal of a hearing aid dealer's or 30,207
fitter's license that has expired shall be required to take any 30,208
examination as a condition of renewal provided application for 30,209
renewal is made within two years of the date such license 30,210
expired.
(B) Each person engaged in the practice of dealing in or 30,213
fitting of hearing aids who holds a valid hearing aid dealer's or 30,214
fitter's license shall complete each year not less than ten hours 30,215
of continuing professional education approved by the board. On a 30,217
form provided by the board, the person shall certify to the 30,219
board, at the time of license renewal pursuant to division (A) of 30,220
this section, that in the preceding year the person has completed 30,221
continuing education in compliance with this division and shall 30,222
submit any additional information required by rule of the board 30,224
regarding the continuing education. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing 30,227
the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements. 30,228
Continuing education may be applied to meet the requirement 30,231
of this division if it is provided or certified by any of the 30,232
following:
(1) The national institute of hearing instruments studies 30,234
committee of the international hearing society; 30,235
(2) The American speech-language hearing association; 30,238
(3) The American academy of audiology. 30,240
The board may excuse persons licensed under this chapter, 30,243
as a group or as individuals, from all or any part of the 30,244
requirements of this division because of an unusual circumstance,
emergency, or special hardship. 30,245
Sec. 4747.07. Each person who holds a hearing aid dealer's 30,254
or fitter's license and engages in the practice of dealing in and 30,256
fitting of hearing aids shall display such license in a 30,257
conspicuous place in his THE PERSON'S office or place of business 30,258
698
at all times. Each person who maintains more than one office or 30,259
place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing 30,260
board shall issue duplicate copies of a license upon receipt of a 30,262
properly completed application and payment of ten FIFTEEN dollars 30,263
for each copy requested.
Sec. 4747.10. Each person currently engaged in training to 30,272
become a licensed hearing aid dealer or fitter shall apply to the 30,273
hearing aid dealers and fitters licensing board for a hearing aid 30,274
dealer's and fitter's trainee permit. The board shall issue to 30,275
each applicant within thirty days of receipt of a properly 30,276
completed application and payment of seventy-five ONE HUNDRED 30,277
dollars, a trainee permit if such applicant is: 30,278
(A) At least eighteen years of age; 30,280
(B) The holder of a diploma from an accredited high 30,282
school, or possesses an equivalent education; 30,283
(C) A person of good moral character; 30,285
(D) Free of contagious or infectious disease. 30,287
Each trainee permit issued by the board expires one year 30,289
from the date it was first issued, and may be renewed once if the 30,290
trainee has not successfully completed the qualifying 30,291
requirements for licensing as a hearing aid dealer or fitter 30,292
before the expiration date of such permit. The board shall issue 30,293
a renewed permit to each applicant upon receipt of a properly 30,294
completed application and payment of seventy-five ONE HUNDRED 30,295
dollars. No person holding a trainee permit shall engage in the 30,296
practice of dealing in or fitting of hearing aids except while 30,297
under supervision by a licensed hearing aid dealer or fitter. 30,298
Sec. 4747.13. (A) Any person who wishes to make a 30,307
complaint against any person, firm, partnership, association, or 30,308
corporation licensed pursuant to this chapter shall submit such 30,309
complaint in writing to the hearing aid dealers and fitters 30,310
licensing board within one year from the date of the action or
event upon which the complaint is based. The hearing aid dealers 30,311
699
and fitters board shall determine whether the charges in the 30,312
complaint are of a sufficiently serious nature to warrant a 30,313
hearing before the board to determine whether the license or 30,314
permit held by the person complained against shall be revoked or 30,315
suspended. If the board determines that a hearing is warranted,
then it shall fix the time and place of such hearing and deliver 30,316
or cause to have delivered, either in person or by registered 30,317
mail, at least twenty days before the date of such hearing, an 30,318
order instructing the licensee complained against of the date, 30,319
time, and place where he THE LICENSEE shall appear before the 30,320
board. Such order shall include a copy of the complaint against 30,321
the licensee.
The board, and the licensee after receipt of the order and 30,323
a copy of the complaint made against him THE LICENSEE, may take 30,324
depositions in advance of the hearing, provided that each party 30,326
taking depositions shall give at least five days notice to the 30,327
other party of the time, date, and place where such depositions
shall be taken. Each party shall have the right to attend with 30,328
counsel the taking of such depositions and may cross-examine the 30,329
deponent or deponents. Each licensee appearing before the board 30,330
may be represented by counsel. No person shall have his THE 30,331
PERSON'S license or permit revoked or suspended without an 30,332
opportunity to present his THE PERSON'S case at a hearing before 30,333
the board, and the board shall grant a continuance or adjournment 30,335
of a hearing date for good cause. Each person whose license or 30,336
permit is suspended or revoked by the board may appeal such 30,337
action to the board or to the court of common pleas.
(B) The board shall petition the court of common pleas of 30,339
the county in which a person, firm, partnership, or corporation 30,340
on or after January 1, 1970, engages in the sale, practice of 30,342
dealing in or fitting of hearing aids, advertises or assumes such 30,343
practice, or engages in training to become a licensed hearing aid
dealer or fitter without first being licensed, for an order 30,344
enjoining any such acts or practices. The court may grant such 30,345
700
injunctive relief upon a showing that the respondent named in the 30,346
petition is engaging in such acts or practices without being 30,347
licensed under Chapter 4747. of the Revised Code THIS CHAPTER. 30,348
Sec. 4759.05. The Ohio board of dietetics shall: 30,357
(A) Adopt, amend, or rescind rules pursuant to Chapter 30,359
119. of the Revised Code to carry out the provisions of this 30,360
chapter, including rules governing the following: 30,361
(1) Selection and approval of a dietitian licensure 30,363
examination offered by the commission on dietetic registration or 30,364
any other examination; 30,365
(2) The examination of applicants for licensure as a 30,367
dietitian, to be held at least twice annually, as required under 30,368
division (A) of section 4759.06 of the Revised Code; 30,369
(3) Requirements for pre-professional dietetic experience 30,371
of applicants for licensure as a dietitian that are at least 30,372
equivalent to the requirements adopted by the commission on 30,373
dietetic registration; 30,374
(4) Requirements for a person holding a limited permit 30,376
under division (F) of section 4759.06 of the Revised Code and, 30,377
INCLUDING THE DURATION OF VALIDITY OF A LIMITED PERMIT; 30,378
(5) REQUIREMENTS FOR a licensed dietitian who places his A 30,381
license in inactive status under division (G) of section 4759.06
of the Revised Code, including a procedure for changing inactive 30,382
status to active status; 30,383
(5)(6) Continuing education requirements for renewal of a 30,385
license, except that the board may adopt rules to waive the 30,386
requirements for a person who is unable to meet the requirements 30,387
due to illness or other reasons. Rules adopted under this 30,388
division shall be consistent with the continuing education 30,389
requirements adopted by the commission on dietetic registration. 30,390
(6)(7) Any additional education requirements the board 30,392
considers necessary, for applicants who have not practiced 30,393
dietetics within five years of the initial date of application 30,394
for licensure; 30,395
701
(7)(8) Standards of professional responsibility and 30,397
practice for persons licensed under this chapter that are 30,398
consistent with those standards of professional responsibility 30,399
and practice adopted by the American dietetic association; 30,400
(8)(9) Formulation of a written application form for 30,402
licensure or license renewal that includes the statement that any 30,403
applicant who knowingly makes a false statement on the 30,404
application is guilty of a misdemeanor of the first degree under 30,405
section 2921.13 of the Revised Code; 30,406
(9)(10) Procedures for license renewal; 30,408
(10)(11) Establishing a time period after the notification 30,410
of a violation of section 4759.02 of the Revised Code, by which 30,411
the person notified must request a hearing by the board under 30,412
section 4759.09 of the Revised Code. 30,413
(B) Investigate alleged violations of section 4759.02 to 30,415
4759.10 of the Revised Code. In making its investigations, the 30,416
board may issue subpoenas, examine witnesses, and administer 30,417
oaths. 30,418
(C) Adopt a seal; 30,420
(D) Conduct meetings and keep records as are necessary to 30,422
carry out the provisions of this chapter; 30,423
(E) Publish, and make available to the public, upon 30,425
request and for a fee not to exceed the actual cost of printing 30,426
and mailing, the board's rules and requirements for licensure 30,427
adopted under division (A) of this section and a record of all 30,428
persons licensed under section 4759.06 of the Revised Code. 30,429
Sec. 4759.06. (A) The Ohio board of dietetics shall issue 30,438
or renew a license to practice dietetics to an applicant who: 30,439
(1) Has satisfactorily completed an application for 30,441
licensure in accordance with division (A) of section 4759.05 of 30,442
the Revised Code; 30,443
(2) Has paid the fee required under division (A) of 30,445
section 4759.08 of the Revised Code; 30,446
(3) Is a resident of the state or performs or plans to 30,448
702
perform dietetic services within the state; 30,449
(4) Is of good moral character; 30,451
(5) Has received a baccalaureate or higher degree from an 30,453
institution of higher education that is approved by the board or 30,454
a regional accreditation agency that is recognized by the council 30,455
on postsecondary accreditation, and has completed a program 30,456
consistent with the academic standards for dietitians established 30,457
by the American dietetic association; 30,458
(6) Has successfully completed a pre-professional dietetic 30,460
experience approved by the American dietetic association, or 30,461
experience approved by the board under division (A)(3) of section 30,462
4759.05 of the Revised Code; 30,463
(7) Has passed the examination approved by the board under 30,465
division (A)(1) of section 4759.05 of the Revised Code; 30,466
(8) Is an applicant for renewal of a license, and has 30,468
fulfilled the continuing education requirements adopted under 30,469
division (A)(5)(6) of section 4759.05 of the Revised Code. 30,470
(B) The board shall waive the requirements of divisions 30,472
(A)(5), (6), and (7) of this section and any rules adopted under 30,473
division (A)(6)(7) of section 4759.05 of the Revised Code if the 30,475
applicant presents satisfactory evidence to the board of current
registration as a registered dietitian with the commission on 30,476
dietetic registration. 30,477
(C) The board shall waive the requirements of division 30,479
(A)(7) of this section if the application for renewal is made 30,480
within two years after the date of license expiration. 30,481
(D) The board may waive the requirements of division 30,483
(A)(5), (6), or (7) of this section or any rules adopted under 30,484
division (A)(6)(7) of section 4759.05 of the Revised Code, if the 30,486
applicant presents satisfactory evidence of education, 30,487
experience, or passing an examination in another state or a 30,488
foreign country, that the board considers the equivalent of the 30,489
requirements stated in those divisions or rules. 30,490
(E) The board shall issue an initial license to practice 30,492
703
dietetics to an applicant who meets the requirements of division 30,493
(A) of this section. An initial license shall be valid from the 30,494
date of issuance through the thirtieth day of June following 30,495
issuance of the license. Each subsequent license shall be valid 30,496
from the first day of July through the thirtieth day of June. The 30,498
board shall renew the license of an applicant who is licensed to 30,499
practice dietetics and who meets the continuing education
requirements of division (A)(5)(6) of section 4759.05 of the 30,500
Revised Code. The renewal shall be pursuant to the standard 30,502
renewal procedure of sections 4745.01 to 4745.03 of the Revised 30,503
Code.
(F) The board may grant a limited permit to a person who 30,505
has completed the education and pre-professional requirements of 30,506
divisions (A)(5) and (6) of this section and who presents 30,507
evidence to the board of his application HAVING APPLIED to take 30,508
the examination approved by the board under division (A)(1) of 30,509
section 4759.05 of the Revised Code. The permit may be renewed 30,510
one time if the applicant has failed the examination and has 30,511
applied to take the next available examination. The permit and 30,512
renewal permit shall expire thirty days after the appropriate 30,513
examination results are made public. A person holding a limited 30,514
permit who has failed the examination shall practice only under 30,515
the direct supervision of a licensed dietitian. 30,516
(G) A licensed dietitian may place his THE license in 30,518
inactive status. 30,519
Sec. 4766.02. (A) There is hereby created the Ohio 30,528
ambulance licensing board, consisting of five voting members and 30,529
one nonvoting member who shall be residents of this state and 30,530
appointed by the governor with the advice and consent of the 30,531
senate. Except as provided in division (B) of this section, 30,532
members shall serve terms of two years. One voting member shall 30,533
be a member of the Ohio ambulance association; two voting 30,534
members, one of whom shall be a licensed funeral director, shall 30,535
be owners or operators of private emergency medical service 30,536
704
organizations operating in this state; one voting member shall be 30,537
a consumer of emergency medical services who is not associated 30,538
with any public or private emergency medical service 30,539
organization; and one voting member shall be an official with a 30,540
public emergency medical service organization. A physician who 30,541
holds a certificate to practice issued under Chapter 4731. of the 30,542
Revised Code who is a member of the American college of emergency 30,543
physicians shall serve as the nonvoting member. The board shall 30,544
annually select from its membership a chair and a vice-chair to 30,546
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 30,548
appointed for terms of one year and three for terms of two years. 30,549
Any member appointed to fill a vacancy occurring prior to the 30,550
expiration date of the term for which the member's predecessor 30,551
was appointed shall hold office for the remainder of that term. 30,552
Every member shall continue in office subsequent to the 30,553
expiration date of the member's term until the member's successor 30,555
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 30,556
(C) Three voting members shall constitute a quorum for the 30,558
transaction of business, and the affirmative vote of three 30,559
members is required for the board to take any official action. 30,560
The board, after notice and hearing, may remove a member by 30,561
majority vote for malfeasance, misfeasance, or nonfeasance. 30,562
Members of the board shall be reimbursed for actual and 30,564
necessary expenses incurred in attending meetings of the board 30,565
and in the performance of their official duties. The board may 30,566
hire such employees as are necessary to enable it to execute its 30,567
duties. 30,568
(D) The division of emergency medical services within the 30,570
department of public safety shall provide the board with office 30,571
space at no cost, but the board shall not be a part of the 30,572
division or the department. 30,573
(E) The board is the sole supervisory body regarding the 30,575
705
licensing of private ambulance service organizations in this 30,576
state.
Sec. 4766.04. (A) Except as otherwise provided in this 30,585
chapter, no person shall furnish, operate, conduct, maintain, 30,586
advertise, engage in, or propose or profess to engage in the 30,587
business or service of transporting persons who are seriously 30,588
ill, injured, or otherwise incapacitated in this state unless the 30,589
person is licensed pursuant to this section. 30,591
(B) To qualify for a license as a basic life-support, 30,593
intermediate life-support, or advanced life-support service 30,594
organization, an emergency medical service organization shall do 30,596
all of the following:
(1) Apply for a permit for each ambulance and nontransport 30,598
vehicle owned or leased as provided in section 4766.07 of the 30,600
Revised Code; 30,601
(2) Meet all requirements established in rules adopted by 30,604
the Ohio ambulance licensing board regarding ambulances and 30,605
nontransport vehicles, including requirements pertaining to 30,607
equipment, communications systems, staffing, and level of care 30,608
the particular organization is permitted to render; 30,609
(3) Maintain the appropriate type and amount of insurance 30,611
or self-insurance as specified in section 4766.06 of the Revised 30,612
Code; 30,613
(4) Meet all other requirements established under rules 30,615
adopted by the board for the particular license. 30,616
(C) To apply for a license as a basic life-support, 30,618
intermediate life-support, or advanced life-support service 30,619
organization, an emergency medical service organization shall 30,620
submit a completed application to the board, on a form provided 30,622
by the board for each particular license, together with the 30,623
appropriate fees established under section 4766.05 of the Revised 30,624
Code. The application form shall include all of the following: 30,625
(1) The name and business address of the operator of the 30,627
organization for which licensure is sought; 30,628
706
(2) The name under which the applicant will operate the 30,630
organization; 30,631
(3) A list of the names and addresses of all officers and 30,633
directors of the organization; 30,634
(4) A description of each vehicle to be used, including 30,636
the make, model, year of manufacture, mileage, vehicle 30,637
identification number, and the color scheme, insignia, name, 30,638
monogram, or other distinguishing characteristics to be used to 30,639
designate the applicant's vehicle; 30,640
(5) The location and description of each place from which 30,642
the organization will operate; 30,643
(6) A description of the geographic area to be served by 30,645
the applicant; 30,646
(7) Any other information the board, by rule, determines 30,648
necessary. 30,649
(D) Within sixty days after receiving a completed 30,651
application for licensure as a basic life-support, intermediate 30,652
life-support, or advanced life-support service organization, the 30,653
board shall approve or deny the application. The board shall 30,654
deny an application if it determines that the applicant does not 30,655
meet the requirements of this chapter or any rules adopted under 30,657
it. The board shall send notice of the denial of an application 30,659
by certified mail to the applicant. The applicant may request a 30,660
hearing within ten days after receipt of the notice. If the 30,661
board receives a timely request, it shall hold a hearing in 30,663
accordance with Chapter 119. of the Revised Code. 30,664
(E) If an applicant or licensee operates or plans to 30,666
operate an organization in more than one location under the same 30,667
or different identities, the applicant or licensee shall apply 30,668
for and meet all requirements for licensure or renewal of a 30,669
license, other than payment of a license fee or renewal fee, for 30,670
operating the organization at each separate location. An 30,671
applicant or licensee that operates or plans to operate under the 30,672
same organization identity in separate locations shall pay only a 30,673
707
single license fee. 30,674
(F) Each license issued under this section and each permit 30,676
issued under section 4766.07 of the Revised Code expires two 30,677
years ONE YEAR after the date of issue ISSUANCE and may be 30,679
renewed in accordance with the standard renewal procedures of 30,681
Chapter 4745. of the Revised Code, EXCEPT THAT A LICENSE OR 30,682
PERMIT ISSUED IN 1998 OR IN 1999 PRIOR TO THE EFFECTIVE DATE OF 30,683
THIS AMENDMENT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. 30,684
An application for renewal shall include the license or permit 30,686
renewal fee established under section 4766.05 of the Revised 30,688
Code. An applicant for renewal of a permit also shall submit to 30,689
the board proof of an annual inspection of the vehicle for which 30,691
permit renewal is sought. The board shall renew a license if the 30,692
applicant meets the requirements for licensure and shall renew a 30,694
permit if the applicant and vehicle meet the requirements to 30,695
maintain a permit for that vehicle.
(G) Each licensee shall maintain accurate records of all 30,697
service responses conducted. The records shall be maintained on 30,699
forms prescribed by the board and shall contain information as 30,701
specified by rule by the board.
Sec. 4766.05. (A) The Ohio ambulance licensing board 30,711
shall establish by rule a license fee, a permit fee for each 30,712
ambulance and nontransport vehicle owned or leased by the 30,713
licensee that is or will be used as provided in section 4766.07 30,714
of the Revised Code, and fees for renewals of licenses and 30,715
permits, taking into consideration the actual costs incurred by 30,716
the board in carrying out its duties under this chapter. However, 30,718
the fee for each license and each renewal of a license shall not 30,719
exceed two ONE hundred dollars, and the fee for each permit and 30,721
each renewal of a permit shall not exceed one hundred FIFTY
dollars for each ambulance and nontransport vehicle. For 30,723
purposes of establishing fees, "actual costs" include INCLUDES 30,724
the costs of salaries, expenses, inspection equipment, 30,726
supervision, and program administration. 30,727
708
(B) The board shall deposit all fees and other moneys 30,729
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of 30,730
the Revised Code in the state treasury to the credit of the 30,731
ambulance licensing trust fund, which is hereby created. All 30,732
moneys from the fund shall be used solely for the salaries and 30,733
expenses of the board incurred in implementing and enforcing this 30,734
chapter. 30,735
Sec. 4766.07. (A) Each emergency medical service 30,744
organization subject to licensure under this chapter shall 30,745
possess a valid permit for each ambulance and nontransport 30,746
vehicle it owns or leases that is or will be used by the licensee 30,748
to perform the services permitted by the license. Each licensee 30,749
and license applicant shall submit the appropriate fee and an 30,750
application for a permit for each ambulance and nontransport 30,751
vehicle to the Ohio ambulance licensing board on forms provided 30,753
by the board. The application shall include documentation that 30,754
the vehicle meets the appropriate standards set by the board, 30,755
that the vehicle has been inspected pursuant to division (C) of 30,757
this section, that the permit applicant maintains insurance or 30,758
self-insurance as provided in section 4766.06 of the Revised
Code, and that the vehicle and permit applicant meet any other 30,761
requirements established under rules adopted by the board. 30,763
(B)(1) Within sixty days after receiving a completed 30,765
application for a permit, the board shall issue or deny the 30,766
permit. The board shall deny an application if it determines 30,767
that the permit applicant or vehicle does not meet the 30,768
requirements of this chapter and the rules adopted under it that 30,770
apply to permits for ambulances and nontransport vehicles. The 30,772
board shall send notice of the denial of an application by 30,773
certified mail to the permit applicant. The permit applicant may 30,774
request a hearing within ten days after receipt of the notice. 30,775
If the board receives a timely request, it shall hold a hearing 30,776
in accordance with Chapter 119. of the Revised Code. 30,777
(2) If the board issues the vehicle permit, it also shall 30,779
709
issue a decal, in a form prescribed by rule, to be displayed on 30,780
the rear window of the vehicle. The board shall not issue a 30,781
decal until all of the requirements for licensure and permit 30,782
issuance have been met. 30,783
(C) In addition to any other requirements that the board 30,785
establishes by rule, a licensee or license applicant applying for 30,786
an initial vehicle permit under division (A) of this section 30,787
shall submit to the state highway patrol and the board the 30,788
vehicle for which the permit is sought. Thereafter, a licensee 30,790
shall annually submit to the state highway patrol and the board 30,791
each vehicle for which a permit has been issued. 30,792
(1) The state highway patrol shall conduct a physical 30,794
inspection of an ambulance or nontransport vehicle to determine 30,795
its roadworthiness and compliance with standard motor vehicle 30,796
requirements. 30,797
(2) The board shall conduct a physical inspection of the 30,799
medical equipment, communication system, and interior of an 30,801
ambulance to determine the operational condition and safety of 30,804
the equipment and the ambulance's interior and to determine 30,806
whether the ambulance is in compliance with the federal 30,807
requirements for ambulance construction that were in effect at 30,809
the time the ambulance was manufactured, as specified by the 30,812
general services administration in the various versions of its 30,813
publication titled "federal specification for the star-of-life 30,814
ambulance, KKK-A-1822." 30,815
(3) The board and state highway patrol shall issue a 30,817
certificate to the applicant for each vehicle that passes the 30,819
inspection and may assess a fee for each inspection, as 30,820
established by the board.
(4) The board, in consultation with the state highway 30,822
patrol, shall adopt rules regarding the implementation and 30,823
coordination of the state highway patrol and board inspections. 30,824
The rules may permit the board to contract with a third party to 30,825
conduct the inspections required of the board under this section. 30,826
710
(D) If an emergency medical service organization that has 30,828
made timely application to the board for a vehicle permit has 30,829
reasonable cause to believe that the state highway patrol will 30,830
not be able to conduct the required inspection before the date by 30,831
which the organization is required to renew the registration of 30,832
the ambulance or nontransport vehicle with the bureau of motor 30,834
vehicles, the organization may apply to the board for a temporary 30,835
vehicle permit. Such a permit shall be valid for a period of no 30,836
more than thirty days from the date of issuance, and shall be 30,837
accepted by the registrar of motor vehicles when the organization 30,838
applies for registration of the vehicle under section 4503.49 of 30,840
the Revised Code. 30,841
Sec. 4773.04. (A) The department of health shall examine, 30,850
or PURSUANT TO SECTION 3701.044 OF THE REVISED CODE contract with 30,851
another entity to examine, each qualified applicant for a license 30,853
issued under this chapter. To be eligible for admittance to an 30,854
examination, an applicant must submit evidence satisfactory to 30,855
the department or other examiner that the applicant has
successfully completed a course of study in the appropriate area 30,856
of practice and the course of study must have been conducted by 30,857
an educational program accredited by the department under section 30,858
4773.07 of the Revised Code.
In examining or providing CONTRACTING for the examination 30,860
of applicants, the department shall ensure that an opportunity to 30,862
take an examination is available as follows: 30,864
(1) At least once each month for individuals applying to 30,866
be licensed as general x-ray machine operators; 30,867
(2) At least three times each year for individuals 30,869
applying to be licensed as radiographers, radiation therapy 30,870
technologists, or nuclear medicine technologists. 30,871
(B) The department shall develop OR CONTRACT FOR a 30,873
separate examination for each type of license issued under this 30,874
chapter. An examination may consist of all or part of any 30,876
standard examination created by other entities ANY ENTITY for 30,877
711
purposes of determining the competence of individuals to practice 30,879
as general x-ray machine operators, radiographers, radiation 30,880
therapy technologists, or nuclear medicine technologists. 30,881
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 30,890
of the Revised Code: 30,891
(1) "Uniform registration" has the same meaning as 30,893
"registration" as used in the final report submitted to the 30,894
United States secretary of transportation, pursuant to subsection 30,895
(c) of section 22 of the "Hazardous Materials Transportation 30,896
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 30,897
1819.
(2) "Uniform permit" has the same meaning as "permit" as 30,899
used in the final report submitted to the United States secretary 30,900
of transportation, pursuant to subsection (c) of section 22 of 30,901
the "Hazardous Materials Transportation Uniform Safety Act of 30,902
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 30,903
(B)(1) The public utilities commission may adopt rules 30,905
applicable to the uniform registration and uniform permitting of 30,906
persons engaged in the highway transportation of hazardous 30,907
materials into, through, or within this state. Until November 30,908
17, 2000, rules adopted under this division shall be consistent 30,910
with, and equivalent in scope, coverage, and content to, the 30,911
final report submitted to the United States secretary of 30,912
transportation pursuant to subsection (c) of section 22 of the 30,913
"Hazardous Materials Transportation Uniform Safety Act of 1990," 30,914
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 30,915
November 17, 2000, the rules shall be consistent with, and 30,917
equivalent in scope, coverage, and content to, section 22 of the 30,918
"Hazardous Materials Transportation Uniform Safety Act of 1990," 30,919
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 30,920
adopted under that section. The commission may adopt additional 30,921
rules for the implementation and administration of the uniform 30,922
registration and permitting system established by rule under this 30,923
section, including rules SHALL INCLUDE RULES staggering the 30,924
712
registration date for carriers and reducing or extending, by no 30,926
more than one year, the permit renewal period for carriers. 30,927
Rules adopted or amended under division (B)(1) of this 30,929
section on or after November 17, 2000, shall be adopted or 30,930
amended in accordance with Chapter 119. of the Revised Code. 30,932
(2) For the purpose of minimizing filing requirements 30,934
regarding any background investigation required for the issuance 30,935
of a uniform permit as a carrier of hazardous wastes, the 30,936
commission shall accept from any applicant for such a permit any 30,937
refiling of information the applicant has filed with the office 30,938
of the attorney general under section 3734.42 of the Revised Code 30,939
or any reference to such information, if the refiled or 30,940
referenced information is on file with the office of the attorney 30,941
general, is accurate and timely for the commission's purposes 30,942
under this section, and is supplemented by any additional 30,943
information the commission requires. The office of the attorney 30,944
general, as necessary for any such background investigation, 30,945
shall make accessible to the commission any such information 30,946
referenced or refiled in an application for a uniform permit as a 30,947
carrier of hazardous wastes that the attorney general determines 30,948
may be disclosed in accordance with section 3734.42 of the 30,949
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 30,950
Revised Code affects any limitations under section 3734.42 of the 30,951
Revised Code on the disclosure of that information. 30,952
(C)(1) The fees for uniform registration and a uniform 30,954
permit as a carrier of hazardous materials shall consist of the 30,955
following: 30,956
(a) A processing fee of fifty dollars; 30,958
(b) An apportioned per-truck registration fee, which shall 30,960
be calculated by multiplying the percentage of a registrant's 30,961
activity in this state times the percentage of the registrant's 30,962
business that is hazardous-materials-related, times the number of 30,963
vehicles owned or operated by the registrant, times a per-truck 30,964
fee determined by order of the commission following public notice 30,965
713
and an opportunity for comment. 30,966
However, the total revenue from the apportioned per-truck 30,968
registration fee shall not exceed the appropriation of the 30,969
general assembly for the hazardous materials registration fund 30,970
created under division (C)(3) of this section. In determining 30,971
the per-truck fee, the commission shall calculate the difference 30,973
between the appropriation from the fund for the current fiscal 30,975
year and the net total of the processing fees collected in the 30,976
previous registration year under division (C)(1)(a) of this 30,977
section, fees collected under division (C)(2) of this section, 30,978
refunds to carriers from overpayments of fees collected under 30,979
this section, and fees paid to other states under division (D) of 30,980
this section, and shall divide that calculated amount by the 30,981
total number of apportioned trucks determined on the basis of 30,983
information submitted by all registrants in the previous
registration year. If the calculated amount is zero or less, the 30,984
fee shall be zero. Any interested party, in accordance with 30,985
division (H) of this section, may appeal to the court of appeals 30,986
of Franklin county an order of the commission establishing the 30,987
apportioned per-truck registration fee. 30,988
(i) The percentage of a registrant's activity in this 30,990
state shall be calculated by dividing the number of miles that 30,991
the registrant travels in this state under the international 30,992
registration plan, pursuant to section 4503.61 of the Revised 30,993
Code, by the number of miles that the registrant travels 30,994
nationwide under the international registration plan. 30,995
Registrants that operate solely within this state shall use one 30,996
hundred per cent as their percentage of activity. Registrants 30,997
that do not register their vehicles through the international 30,998
registration plan shall calculate activity in the state in the 30,999
same manner as that required by the international registration 31,000
plan. 31,001
(ii) The percentage of a registrant's business that is 31,003
hazardous-materials-related shall be calculated, for 31,004
714
less-than-truckload shipments, by dividing the weight of all the 31,005
registrant's hazardous materials shipments by the total weight of 31,006
all shipments in the previous year. The percentage of a 31,007
registrant's business that is hazardous-materials-related shall 31,008
be calculated, for truckload shipments, by dividing the number of 31,009
shipments for which placarding, marking of the vehicle, or 31,010
manifesting, as appropriate, was required by regulations adopted 31,011
under sections 4 to 6 of the "Hazardous Materials Transportation 31,012
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 31,013
1804, by the total number of the registrant's shipments that 31,014
transported any kind of goods in the previous year. A registrant 31,015
that transports both less-than-truckload and truckload shipments 31,016
of hazardous materials shall calculate the percentage of business 31,017
that is hazardous-materials-related on a proportional basis. 31,018
(iii) A registrant may utilize fiscal year, or calendar 31,020
year, or other current company accounting data, or other publicly 31,021
available information, in calculating the percentages required by 31,022
divisions (C)(1)(b)(i) and (ii) of this section. 31,023
(2) The commission, after notice and opportunity for a 31,025
hearing, may assess each carrier a fee for any background 31,026
investigation required for the issuance, for the purpose of 31,027
section 3734.15 of the Revised Code, of a uniform permit as a 31,028
carrier of hazardous wastes and fees related to investigations 31,029
and proceedings for the denial, suspension, or revocation of a 31,030
uniform permit as a carrier of hazardous materials. The fees 31,031
shall not exceed the reasonable costs of the investigations and 31,032
proceedings. The fee for a background investigation for a 31,033
uniform permit as a carrier of hazardous wastes shall be six 31,034
hundred dollars plus the costs of obtaining any necessary 31,035
information not included in the permit application, to be 31,036
calculated at the rate of thirty dollars per hour, not exceeding 31,037
six hundred dollars, plus any fees payable to obtain necessary 31,039
information.
(3) All fees collected under division (C)(1) of this 31,041
715
section and all background investigation and permit denial, 31,042
suspension, and revocation investigation and proceeding fees 31,044
collected under division (C)(2) of this section shall be credited 31,045
to the hazardous materials registration fund, which is hereby 31,046
created in the state treasury. Moneys in that fund shall be used 31,047
by the commission to administer and enforce sections 4905.80 to 31,048
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 31,050
adopted under division (B) of this section, may enter into 31,051
agreements, contracts, arrangements, or declarations with other 31,052
states and with the national repository, established pursuant to 31,053
the final report submitted to the United States secretary of 31,054
transportation, pursuant to subsection (c) of section 22 of the 31,055
"Hazardous Materials Transportation Uniform Safety Act of 1990," 31,056
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 31,057
contracts, arrangements, or declarations shall include, but not 31,058
be limited to, the determination of a base state, the collection 31,059
of uniform registration fees, the frequency of distribution of 31,060
uniform registration fees, procedures for dispute resolution, and 31,061
protection of trade secrets and confidential business 31,062
information. 31,063
(E) The first eight hundred thousand dollars of 31,065
forfeitures collected under section 4905.83 of the Revised Code 31,066
during each of fiscal years 1995 to 2000 and during fiscal year 31,068
2001 until November 17, 2000, shall be credited to the hazardous 31,070
materials transportation fund, which is hereby created in the 31,071
state treasury. Any forfeitures in excess of that amount 31,072
collected during each such period and any forfeitures collected 31,073
on or after November 17, 2000, FISCAL YEAR shall be credited to 31,074
the general revenue fund. In each of fiscal years 1995 to 2000 31,075
and in fiscal year 2001 until November 17, 2000, the commission 31,078
shall distribute moneys credited to the hazardous materials 31,079
transportation fund under this division for the purposes of 31,080
emergency response planning and the training of safety, 31,081
716
enforcement, and emergency services personnel in proper 31,082
techniques for the management of hazardous materials releases 31,083
that occur during transportation or otherwise. For these 31,084
purposes, fifty per cent of all such moneys credited to the fund 31,085
shall be distributed to Cleveland state university, and fifty 31,086
FORTY-FIVE per cent shall be distributed to other educational 31,088
institutions, state agencies, regional planning commissions, and 31,089
political subdivisions, AND FIVE PER CENT SHALL BE RETAINED BY 31,090
THE COMMISSION FOR THE ADMINISTRATION OF THIS SECTION AND FOR
TRAINING EMPLOYEES. However, if, in any such period, moneys 31,092
credited to the fund under this division equal an amount less 31,093
than four hundred thousand dollars, the commission shall 31,094
distribute, to the extent of the fund, two hundred thousand 31,095
dollars to Cleveland state university and the remainder to other 31,096
educational institutions, state agencies, regional planning 31,097
commissions, and political subdivisions. 31,098
(F)(1) No person shall violate or fail to perform a duty 31,100
imposed by this section or a rule adopted under it. 31,101
(2) No person shall knowingly falsify or fail to submit 31,103
any data, reports, records, or other information required to be 31,104
submitted to the commission pursuant to this section or a rule 31,105
adopted under it. For purposes of division (F)(2) of this 31,106
section, a person acts knowingly if either of the following 31,107
applies: 31,108
(a) The person has actual knowledge of the facts giving 31,110
rise to the violation. 31,111
(b) A reasonable person acting in the circumstances and 31,113
exercising due care would have such knowledge. 31,114
(G) After notice and opportunity for a hearing, the 31,116
commission, pursuant to criteria set forth in rules adopted under 31,117
division (B) of this section, may suspend, revoke, or deny the 31,118
uniform permit as a carrier of hazardous materials of any carrier 31,119
that has obtained or applied for such a uniform permit from the 31,120
commission pursuant to rules adopted under that division, or the 31,121
717
commission may order the suspension of the transportation of 31,122
hazardous materials into, through, or within this state by a 31,123
carrier that has obtained a uniform permit from another state 31,124
that has a reciprocity agreement with the commission pursuant to 31,125
division (D) of this section. 31,126
(H)(1) The proceedings specified in division (G) of this 31,128
section are subject to and governed by Chapter 4903. of the 31,129
Revised Code, except as otherwise provided in this section. The 31,130
court of appeals of Franklin county has exclusive original 31,131
jurisdiction to review, modify, or vacate any order of the 31,132
commission suspending, revoking, or denying a uniform permit as a 31,133
carrier of hazardous materials of any carrier that has obtained 31,134
or applied for a uniform permit from the commission pursuant to 31,135
rules adopted under division (B) of this section, or any order of 31,136
the commission suspending the transportation of hazardous 31,137
materials into, through, or within this state by a carrier that 31,138
has obtained a uniform permit from another state that has a 31,139
reciprocity agreement with the commission under division (D) of 31,140
this section. The court of appeals shall hear and determine 31,141
those appeals in the same manner and under the same standards as 31,142
the Ohio supreme court hears and determines appeals under Chapter 31,143
4903. of the Revised Code. 31,144
The judgment of the court of appeals is final and 31,146
conclusive unless reversed, vacated, or modified on appeal. Such 31,147
appeals may be taken either by the commission or the person to 31,148
whom the order was issued and shall proceed as in the case of 31,149
appeals in civil actions as provided in Chapter 2505. of the 31,150
Revised Code. 31,151
(2) Section 4903.11 of the Revised Code does not apply to 31,153
appeals of any order of the commission suspending, revoking, or 31,154
denying a uniform permit of a carrier that has obtained or 31,155
applied for a uniform permit from the commission pursuant to 31,156
rules adopted under division (B) of this section, or of any order 31,157
of the commission suspending the transportation of hazardous 31,158
718
materials into, through, or within this state by a carrier that 31,159
has obtained a uniform permit from another state that has a 31,160
reciprocity agreement with the commission pursuant to division 31,161
(D) of this section. Any person to whom such AN order is issued 31,162
who wishes to contest the order shall file, within sixty days 31,163
after the entry of the order upon the journal of the commission, 31,164
a notice of appeal, setting forth the order appealed from and the 31,165
errors complained of. The notice of appeal shall be served, 31,166
unless waived, upon the chairperson of the commission or, in the 31,168
event of the chairperson's absence, upon any public utilities 31,169
commissioner, or by leaving a copy at the office of the
commission at Columbus. On appeal, the court shall reverse, 31,170
vacate, or modify the order if, upon consideration of the record, 31,172
the court is of the opinion that the order was unlawful or 31,173
unreasonable.
Sec. 4911.17. There is hereby created a nine-member 31,182
consumers' counsel governing board consisting of three 31,183
representatives of organized groups representing each of the 31,184
following areas: labor; residential consumers; family farmers. 31,185
No more than five members of this board may be members of the 31,186
same political party.
The members of the board shall be appointed by the attorney 31,188
general with the advice and consent of the senate. 31,189
No later than January 1, 1977, the attorney general shall 31,191
make initial appointments to the board. Of the initial 31,192
appointments made to the board, three shall be for a term ending 31,193
one year after the effective date of this section SEPTEMBER 1, 31,194
1976, three shall be for a term ending two years after that date, 31,196
and three shall be for a term ending three years after that date. 31,197
Thereafter, terms of office shall be for three years, each term 31,198
ending on the same day of the same month of the year as did the 31,199
term which THAT it succeeds. Each member shall hold office from 31,201
the date of his THE MEMBER'S appointment until the end of the 31,203
term for which he THE MEMBER was appointed. Any member appointed 31,205
719
to fill a vacancy occurring prior to the expiration of the term 31,206
for which his THE MEMBER'S predecessor was appointed shall hold 31,207
office for the remainder of such THAT term. Any member shall 31,208
continue in office subsequent to the expiration date of his THE 31,210
MEMBER'S term until his THE MEMBER'S successor takes office. 31,212
The governing board shall meet within thirty days after all 31,214
appointments have been made and select from among its membership 31,215
a chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. The 31,217
board shall meet at least every other month thereafter. Meetings 31,219
may be held more often at the request of a majority of the 31,220
members or upon call of the chairman CHAIRPERSON. A majority of 31,221
the members constitutes a quorum. No action shall be taken 31,223
without the concurrence of a majority of the full membership of 31,224
the board. The consumers' counsel shall at all times remain
responsible to the governing board. Members of the board shall 31,225
serve without compensation but BE COMPENSATED AT THE RATE OF ONE 31,226
HUNDRED FIFTY DOLLARS PER BOARD MEETING ATTENDED IN PERSON, NOT 31,227
TO EXCEED ONE THOUSAND TWO HUNDRED DOLLARS PER YEAR. ALL MEMBERS 31,228
shall be reimbursed for actual and necessary expenses incurred in 31,230
the performance of the official duties. 31,231
The board shall submit to the general assembly no later 31,233
than the first day of April, annually, a report outlining the 31,234
expenditures of the office of consumers' counsel, a full record 31,235
of participation in any and all proceedings, and an outline of 31,236
other relevant activities of the office. 31,237
Sec. 4931.11. Any company organized at any time to 31,246
transact a telegraph, telephone, or communications business may 31,247
construct, reconstruct, own, use, lease, operate, maintain, and 31,248
improve communications systems for the transmission of voices, 31,249
sounds, writings, signs, signals, pictures, visions, images, or 31,250
other forms of intelligence, as public utility services, by means
of wire, cable, radio, radio relay, or other facilities, methods, 31,252
or media. Any such company has the powers and is subject to the 31,253
restrictions prescribed in sections 4931.01 4931.02 to 4931.23, 31,254
720
inclusive, 4931.22 of the Revised Code, for telegraph or 31,255
telephone companies. 31,256
Sec. 4931.21. Sections 4931.01 4931.02 to 4931.23, 31,265
inclusive, 4931.22 of the Revised Code do not authorize any 31,267
telegraph company to appropriate the use of the track or rolling 31,268
stock of a railroad company for transporting poles, materials, or
the employees of such telegraph company, or for any other 31,269
purpose.
Sec. 4931.99. (A) Whoever violates section 4931.24 or 31,278
4931.49 of the Revised Code is guilty of a misdemeanor of the 31,279
fourth degree. 31,280
(B) Whoever violates section 4931.25, 4931.26, 4931.27, 31,282
4931.30, or 4931.31 of the Revised Code is guilty of a 31,283
misdemeanor of the third degree. 31,284
(C) Whoever violates section 4931.28 of the Revised Code 31,286
is guilty of a felony of the fourth degree. 31,287
(D) Whoever violates section 4931.29 or division (B) of 31,289
section 4931.35 of the Revised Code is guilty of a misdemeanor in 31,290
the first degree. 31,291
(E) Whoever violates division (E) of section 4931.49 of 31,294
the Revised Code is guilty of a misdemeanor of the fourth degree 31,295
on a first offense and a felony of the fifth degree on each 31,296
subsequent offense.
(F) Whoever violates section 4931.55 of the Revised Code 31,298
is guilty of a minor misdemeanor for a first offense and a 31,299
misdemeanor of the first degree on each subsequent offense. 31,301
Sec. 4933.14. Except section 4931.08 of the Revised Code, 31,310
sections 4931.01 SECTIONS 4931.02 to 4931.23, inclusive, 4931.22 31,312
and 4933.13 to 4933.16, inclusive, of the Revised Code, apply to 31,314
companies organized for supplying public and private buildings,
manufacturing establishments, streets, alleys, lanes, lands, 31,315
squares, and public places with electric light and power, and to 31,316
an automatic package carrier. Except as provided by section 31,317
4931.08 of the Revised Code, every EVERY such company shall have 31,320
721
the powers and be subject to the restrictions prescribed for 31,321
telegraph companies by sections 4931.01 4931.02 to 4931.23, 31,322
inclusive, 4931.22 of the Revised Code. 31,324
Sec. 4937.02. (A) There is hereby created the utility 31,333
radiological safety board composed of the chairperson of the 31,335
public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 31,336
the deputy EXECUTIVE director of the emergency management agency, 31,338
and the director of commerce, or their designees each of whom 31,339
shall be an employee of the member agency of the board member for 31,340
whom the person is a designee. The purpose of the board is to 31,342
develop a comprehensive policy for the state regarding nuclear 31,343
power safety. The board's objectives shall be to promote safe, 31,344
reliable, and economical power; establish a memorandum of 31,345
understanding with the federal nuclear regulatory commission and 31,346
the state, including agreements with individual state agencies to 31,347
interact with the commission and the federal emergency management 31,348
agency; and recommend policies and practices that promote safety, 31,349
performance, emergency preparedness, and public health standards 31,350
that are designed to meet the state's needs. 31,351
(B) The governor shall appoint a chairperson of the board 31,354
from among the members of the board. The board shall elect one
of its members as vice-chairperson, who shall possess, during the 31,356
absence or disability of the board chairperson, all the powers of 31,358
the board chairperson. All examinations, studies, or other 31,359
official proceedings of the board shall be conducted by the board 31,360
or its designees. The board's authority under sections 4937.01 31,361
to 4937.05 of the Revised Code THIS CHAPTER shall not be 31,362
exercised by any officer, employee, or body other than the board 31,364
itself, except by express action of the board. 31,365
(C) The chairperson of the board shall cause to be kept a 31,368
complete record of all proceedings of the board, and any books, 31,369
maps, documents, and papers used or produced by the board, and 31,370
shall perform such other duties as the governor may prescribe. 31,371
722
(D) A majority of the board's members constitutes a quorum 31,373
for the transaction of any business, performance of any duty, or 31,374
exercise of any power of the board. No vacancy on the board 31,375
shall impair the right of the remaining board members to exercise 31,376
all powers of the board. The act of a majority of the board, 31,377
when in session as a board, is an act of the board. 31,378
(E) Members of the board and their designees shall not 31,380
receive compensation from the board, but shall receive all 31,381
ordinary and necessary expenses incurred in performance of board 31,382
business, including actual travel expenses. All such expenses 31,383
shall be paid by the agency of which the individual board member 31,384
or designee is an officer or employee. 31,385
(F) The attorney general is the board's legal advisor, but 31,387
shall designate, subject to the board's approval, one or more of 31,388
the attorney general's assistants to discharge the duties of 31,389
board attorney. 31,390
(G) The board may call to its assistance, temporarily, 31,392
with the consent of the member agency, any employee of a member 31,393
agency to conduct studies, examinations, and investigations for 31,394
the board or prepare any report required or authorized by 31,395
sections 4937.01 to 4937.05 of the Revised Code THIS CHAPTER. 31,396
The employee shall receive no compensation, but shall receive all 31,398
ordinary and necessary expenses incurred in performance of such 31,399
duties, including actual travel expenses. All such expenses 31,400
shall be paid by the member agency. 31,401
(H) The offices of the board shall be located in the 31,403
offices of the emergency management agency. 31,405
Sec. 4939.01. AS USED IN THIS CHAPTER: 31,407
(A) "UTILITY SERVICE PROVIDER" MEANS A NATURAL GAS 31,409
COMPANY, LOCAL EXCHANGE TELEPHONE COMPANY, INTEREXCHANGE 31,410
TELECOMMUNICATIONS COMPANY, ELECTRIC COMPANY, OR ANY OTHER PERSON 31,411
THAT OCCUPIES A PUBLIC WAY TO DELIVER NATURAL GAS, ELECTRIC, OR 31,412
TELECOMMUNICATIONS SERVICES. 31,413
(B) "CABLE OPERATOR" HAS THE SAME MEANING AS IN SECTION 2 31,415
723
OF THE "CABLE COMMUNICATIONS POLICY ACT OF 1984," 98 STAT. 2779, 31,420
47 U.S.C.A. 522, AS AMENDED. 31,421
(C) "PUBLIC WAY" MEANS ANY PUBLIC STREET, ROAD, HIGHWAY, 31,423
PUBLIC EASEMENT, OR PUBLIC WATERWAY, AND INCLUDES THE ENTIRE 31,424
WIDTH OF ANY RIGHT OF WAY ASSOCIATED WITH ANY PUBLIC WAY. 31,425
Sec. 4939.02. (A) A UTILITY SERVICE PROVIDER OR CABLE 31,428
OPERATOR HAS THE RIGHT TO CONSTRUCT, REPAIR, POSITION, MAINTAIN, 31,429
OR OPERATE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,430
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, OVER, UPON, 31,431
AND UNDER ANY PUBLIC WAY IN THE STATE, SUBJECT TO THE APPLICABLE 31,432
PROVISIONS OF THIS CHAPTER AND ANY OTHER CHAPTER OF THE REVISED 31,433
CODE. THE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,435
RELATED APPURTENANCES AND FACILITIES SHALL BE CONSTRUCTED AND 31,436
POSITIONED IN SUCH A WAY THAT SAFETY IS NOT UNREASONABLY 31,437
COMPROMISED IN THE USE OF THE PUBLIC WAY. 31,438
(B) THE STATE, OR ANY POLITICAL SUBDIVISION OF THE STATE, 31,440
SHALL NOT DISCRIMINATE AMONG UTILITY SERVICE PROVIDERS OR CABLE 31,441
OPERATORS, OR GRANT A PREFERENCE TO ANY UTILITY SERVICE PROVIDER
OR CABLE OPERATOR, IN THE ISSUANCE OF PERMITS OR THE PASSAGE OF 31,442
LAWS, ORDINANCES, OR RESOLUTIONS FOR THE USE OF PUBLIC WAYS, OR 31,443
CREATE OR ERECT ANY REQUIREMENTS FOR ENTRY UPON AND USE OF THE 31,444
PUBLIC WAYS THAT ARE NOT NECESSARY TO PROTECT THE HEALTH, SAFETY, 31,445
AND WELFARE OF THE PUBLIC. 31,446
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO 31,448
AUTHORIZE ANY UTILITY SERVICE PROVIDER OR CABLE OPERATOR TO 31,449
CONSTRUCT LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, UPON, AND 31,450
UNDER ANY PUBLIC WAY OWNED BY A POLITICAL SUBDIVISION WITHOUT 31,451
FIRST OBTAINING THE CONSENT OF THE POLITICAL SUBDIVISION FOR SUCH 31,452
CONSTRUCTION, IF CONSENT IS REQUIRED BY THE POLITICAL 31,453
SUBDIVISION.
(D) THIS SECTION DOES NOT REQUIRE ANY UTILITY SERVICE 31,455
PROVIDER OR CABLE OPERATOR THAT, AS OF THE EFFECTIVE DATE OF THIS 31,456
SECTION, OCCUPIES, OR HAS OBTAINED THE CONSENT OF A POLITICAL
724
SUBDIVISION TO OCCUPY, A PUBLIC WAY IN THE POLITICAL SUBDIVISION, 31,457
TO APPLY FOR ADDITIONAL OR CONTINUED CONSENT OF THE POLITICAL 31,458
SUBDIVISION AS TO ANY EXISTING LINES, POLES, PIPES, CONDUITS, 31,459
DUCTS, EQUIPMENT, AND RELATED APPURTENANCES AND FACILITIES THAT 31,460
ARE IN PLACE ON THE EFFECTIVE DATE OF THIS SECTION. THE 31,461
POLITICAL SUBDIVISION SHALL NOT DISCRIMINATE AGAINST ANY OTHER 31,462
UTILITY SERVICE PROVIDER OR CABLE OPERATOR SEEKING TO USE THE 31,463
SAME PUBLIC WAY.
(E) THE CONSTRUCTION, REPAIR, PLACEMENT, MAINTENANCE, OR 31,465
OPERATION OF LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,466
RELATED APPURTENANCES AND FACILITIES BY A UTILITY SERVICE
PROVIDER OR A CABLE OPERATOR IS DECLARED TO BE A MATTER OF 31,467
STATEWIDE CONCERN. 31,468
(F) CONSENT FOR THE USE OF A PUBLIC WAY BY A POLITICAL 31,470
SUBDIVISION SHALL BE BASED ON THE LAWFUL EXERCISE OF THE POLICE 31,471
POWER OF THE POLITICAL SUBDIVISION AND SHALL NOT BE UNREASONABLY
WITHHELD, NOR SHALL ANY PREFERENCE OR DISADVANTAGE BE CREATED 31,472
THROUGH THE GRANTING OR WITHHOLDING OF CONSENT. A POLITICAL 31,473
SUBDIVISION SHALL GRANT ITS CONSENT UNDER THIS DIVISION WITHIN 31,474
THIRTY DAYS AFTER THE DATE A UTILITY SERVICE PROVIDER OR CABLE 31,475
OPERATOR APPLIES FOR CONSENT FOR THE USE OF A PUBLIC WAY. 31,476
Sec. 4939.03. (A) A POLITICAL SUBDIVISION OF THE STATE 31,479
SHALL NOT LEVY A TAX, FEE, OR CHARGE OR REQUIRE ANY NONMONETARY 31,480
COMPENSATION OR FREE SERVICE FOR THE RIGHT OR PRIVILEGE OF USING 31,481
OR OCCUPYING A PUBLIC WAY FOR PURPOSES OF DELIVERING NATURAL GAS, 31,482
ELECTRIC, TELECOMMUNICATIONS, OR CABLE TELEVISION SERVICE. 31,483
(B) A POLITICAL SUBDIVISION MAY CHARGE A UTILITY SERVICE 31,485
PROVIDER OR A CABLE OPERATOR A CONSTRUCTION PERMIT FEE TO THE 31,486
EXTENT THAT SUCH FEE APPLIES TO ALL PERSONS SEEKING A 31,487
CONSTRUCTION PERMIT. THE FEE SHALL BE LIMITED TO THE RECOVERY OF 31,488
THE DIRECT INCREMENTAL COSTS INCURRED BY THE POLITICAL 31,489
SUBDIVISION IN INSPECTING AND REVIEWING ANY PLANS AND 31,490
SPECIFICATIONS AND IN GRANTING THE ASSOCIATED PERMIT. 31,491
(C) A UTILITY SERVICE PROVIDER OR CABLE OPERATOR THAT 31,493
725
PLACES LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 31,494
RELATED APPURTENANCES AND FACILITIES IN A PUBLIC WAY SHALL 31,495
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. TO THE 31,496
EXTENT A UTILITY SERVICE PROVIDER OR CABLE OPERATOR DOES NOT 31,497
COMPLY WITH THIS DIVISION, A POLITICAL SUBDIVISION MAY CHARGE THE 31,498
UTILITY SERVICE PROVIDER OR CABLE OPERATOR THE NECESSARY COSTS TO 31,499
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. 31,500
Sec. 4981.09. (A) There is hereby created in the state 31,509
treasury the rail development fund. The fund shall consist of 31,511
such moneys as may be provided by law, including moneys received 31,512
from the sale, transfer, or lease of any rail property pursuant 31,513
to section 4981.08 of the Revised Code, and amounts transferred 31,514
pursuant to division (B) of this section. Moneys in the fund 31,517
shall be used for the purpose of acquiring, rehabilitating, or 31,518
developing rail property or service, or for participation in the 31,519
acquisition of rail property with the federal government, 31,520
municipal corporations, townships, counties, or other 31,521
governmental agencies. For the purpose of acquiring such rail 31,522
property, the Ohio rail development commission may obtain 31,523
acquisition loans from the federal government or from any other 31,524
source.
The fund shall also be used to promote, plan, design, 31,526
construct, operate, and maintain passenger and freight rail 31,527
transportation systems, and may be used to pay the administrative 31,529
costs of the Ohio rail development commission associated with 31,530
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 31,531
The fund shall not be used to provide loan guarantees. 31,532
(B) Twice each year, by the last day of March for the 31,535
immediately preceding June through December and by the last day 31,537
of August for the immediately preceding January through May, the 31,539
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 31,540
pursuant to Chapter 5733. of the Revised Code during those months 31,541
726
by taxpayers engaged in the business of owning or operating a 31,543
railroad either wholly or partially within this state. The 31,545
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 31,546
budget and management shall transfer fifty per cent of the amount 31,547
certified from the general revenue fund to the rail development 31,548
fund.
Sec. 5101.03. The assistant director of the department of 31,557
human services is hereby excepted from section 121.05 of the 31,559
Revised Code. The assistant director DIRECTORS OF THE DEPARTMENT 31,561
OF HUMAN SERVICES shall exercise the powers and perform the 31,562
duties which the director of human services may order and. THE 31,563
DIRECTOR IS AUTHORIZED TO DESIGNATE WHICH ASSISTANT DIRECTOR 31,564
shall act as director in the absence or disability of the 31,565
director, or in case of a vacancy in the position of director. 31,566
Sec. 5101.072. THE DEPARTMENT OF HUMAN SERVICES SHALL 31,568
COLLABORATE WITH COUNTY DEPARTMENTS OF HUMAN SERVICES TO DEVELOP 31,569
TRAINING FOR APPROPRIATE EMPLOYEES OF THE COUNTY DEPARTMENTS 31,570
REGARDING THE PROVISIONS OF SUB. H.B. 408 OF THE 122nd GENERAL 31,572
ASSEMBLY, AND OF SUB. H.B. 167 OF THE 121st GENERAL ASSEMBLY THAT 31,574
HAVE NOT BEEN SUPERSEDED BY SUB. H.B. 408 OF THE 122nd GENERAL 31,576
ASSEMBLY, THAT IMPOSE DUTIES ON COUNTY DEPARTMENTS OF HUMAN 31,577
SERVICES. AFTER THE TRAINING IS DEVELOPED, THE DEPARTMENT SHALL 31,578
COLLABORATE WITH THE COUNTY DEPARTMENTS ON PROVIDING THE 31,579
TRAINING.
Sec. 5101.16. (A) As used in this section and sections 31,588
5101.161 and 5101.162 of the Revised Code: 31,589
(1) "Disability assistance" means financial and medical 31,591
assistance provided under Chapter 5115. of the Revised Code. 31,592
(2) "Food stamps" means the program administered by the 31,594
department of human services pursuant to section 5101.54 of the 31,596
Revised Code.
(3) "Medicaid" means the medical assistance program 31,598
established by Chapter 5111. of the Revised Code, excluding 31,601
727
transportation services provided under that chapter. 31,602
(4) "Ohio works first" means the program established by 31,604
Chapter 5107. of the Revised Code. 31,605
(5) "Prevention, retention, and contingency" means the 31,607
program established by Chapter 5108. of the Revised Code. 31,609
(6) "Public assistance expenditures" means expenditures 31,611
for all of the following: 31,612
(a) Ohio works first; 31,614
(b) County administration of Ohio works first; 31,617
(c) Prevention, retention, and contingency; 31,619
(d) County administration of prevention, retention, and 31,621
contingency; 31,622
(e) Disability assistance; 31,624
(f) County administration of disability assistance; 31,626
(g) County administration of food stamps; 31,628
(h) County administration of medicaid. 31,630
(B) Each board of county commissioners shall pay the 31,632
county share of public assistance expenditures in accordance with 31,636
section 5101.161 of the Revised Code. Except as provided in 31,637
division (C) of this section, a county's share of public 31,640
assistance expenditures is the sum of all of the following for 31,642
state fiscal year 1998 and each state fiscal year thereafter: 31,643
(1) The amount that is twenty-five per cent of the 31,645
county's total expenditures for disability assistance and county 31,648
administration of disability assistance during the state fiscal 31,649
year ending in the previous calendar year that the department of 31,651
human services determines are allowable. 31,652
(2) The amount that is ten per cent, or other percentage 31,656
determined under division (D) of this section, of the county's 31,657
total expenditures for county administration of food stamps and 31,658
medicaid during the state fiscal year ending in the previous 31,661
calendar year that the department determines are allowable, less 31,662
the amount of federal reimbursement credited to the county under 31,664
division (E) of this section for the state fiscal year ending in 31,665
728
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 31,668
section, the actual amount, as determined by the department of 31,669
human services from expenditure reports submitted to the United 31,670
States department of health and human services, of the county 31,671
share of program and administrative expenditures during federal 31,672
fiscal year 1994 for assistance and services, other than child 31,673
day-care, provided under Titles IV-A and IV-F of the "Social 31,675
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those 31,676
titles existed prior to the enactment of the "Personal 31,677
Responsibility and Work Opportunity Reconciliation Act of 1996," 31,679
110 Stat. 2105. 31,680
(b) For state fiscal years 1998 2000 and 1999 2001, eighty 31,683
SEVENTY-SEVEN per cent of the amount determined under division 31,684
(B)(3)(a) of this section. 31,685
(C)(1) If a county's share of public assistance 31,687
expenditures determined under division (B) of this section for a 31,689
state fiscal year exceeds one hundred ten per cent of the 31,690
county's share for those expenditures for the immediately 31,691
preceding state fiscal year, the department of human services 31,692
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 31,693
share for expenditures under division (B) of this section equals 31,694
one hundred ten per cent of the county's share of those 31,695
expenditures for the immediately preceding state fiscal year. 31,696
(2) A county's share of public assistance expenditures 31,698
determined under division (B) of this section may be increased 31,699
pursuant to a sanction under section 5101.24 of the Revised Code. 31,701
(D)(1) If the per capita tax duplicate of a county is less 31,704
than the per capita tax duplicate of the state as a whole and 31,705
division (D)(2) of this section does not apply to the county, the 31,707
percentage to be used for the purpose of division (B)(2) of this 31,709
section is the product of ten multiplied by a fraction of which 31,711
the numerator is the per capita tax duplicate of the county and 31,712
729
the denominator is the per capita tax duplicate of the state as a 31,713
whole. The department of human services shall compute the per 31,714
capita tax duplicate for the state and for each county by 31,715
dividing the tax duplicate for the most recent available year by 31,716
the current estimate of population prepared by the department of 31,717
development.
(2) If the percentage of families in a county with an 31,719
annual income of less than three thousand dollars is greater than 31,720
the percentage of such families in the state and division (D)(1) 31,722
of this section does not apply to the county, the percentage to 31,723
be used for the purpose of division (B)(2) of this section is the 31,724
product of ten multiplied by a fraction of which the numerator is 31,726
the percentage of families in the state with an annual income of 31,727
less than three thousand dollars a year and the denominator is 31,728
the percentage of such families in the county. The department of 31,729
human services shall compute the percentage of families with an 31,730
annual income of less than three thousand dollars for the state 31,731
and for each county by multiplying the most recent estimate of 31,733
such families published by the department of development, by a 31,734
fraction, the numerator of which is the estimate of average 31,735
annual personal income published by the bureau of economic 31,736
analysis of the United States department of commerce for the year 31,737
on which the census estimate is based and the denominator of 31,738
which is the most recent such estimate published by the bureau. 31,739
(3) If the per capita tax duplicate of a county is less 31,742
than the per capita tax duplicate of the state as a whole and the 31,743
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 31,744
of such families in the state, the percentage to be used for the 31,746
purpose of division (B)(2) of this section shall be determined as 31,747
follows: 31,748
(a) Multiply ten by the fraction determined under division 31,752
(D)(1) of this section;
(b) Multiply the product determined under division 31,755
730
(D)(3)(a) of this section by the fraction determined under 31,757
division (D)(2) of this section. 31,758
(4) The department of human services shall determine, for 31,760
each county, the percentage to be used for the purpose of 31,762
division (B)(2) of this section not later than the first day of 31,764
July of the year preceding the state fiscal year for which the 31,765
percentage is used.
(E) The department of human services shall credit to a 31,768
county the amount of federal reimbursement the department
receives from the United States departments of agriculture and 31,770
health and human services for the county's expenditures for 31,772
administration of food stamps and medicaid that the department 31,774
determines are allowable administrative expenditures. 31,775
(F) The department of human services shall adopt rules in 31,778
accordance with section 111.15 of the Revised Code to establish 31,781
all of the following:
(1) The method the department is to use to change a 31,785
county's share of public assistance expenditures determined under 31,787
division (B) of this section as provided in division (C) of this 31,788
section; 31,789
(2) The allocation methodology and formula the department 31,791
will use to determine the amount of funds to credit to a county 31,792
under this section; 31,793
(3) The method the department will use to change the 31,795
payment of the county share of public assistance expenditures 31,796
from a calendar-year basis to a state fiscal year basis; 31,797
(4) Other procedures and requirements necessary to 31,799
implement this section. 31,800
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25 31,810
of the Revised Code, "county social service agency" and "social 31,812
service duty" have the same meanings as in section 307.981 of the 31,813
Revised Code.
(B) The director of human services shall enter into a 31,816
written partnership agreement with each board of county 31,817
731
commissioners regarding the administration and design of the Ohio 31,818
works first program established under Chapter 5107. of the 31,819
Revised Code, the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, duties 31,821
assumed by a county department of human services pursuant to an 31,823
agreement entered into under section 329.05 of the Revised Code, 31,824
and other county department of human services' duties that the 31,826
director and board mutually agree to include in the agreement. 31,828
The director and board may include in the partnership agreement 31,829
provisions regarding the administration and design of the duties 31,830
of child support enforcement agencies and public children 31,831
services agencies included in a plan of cooperation entered into 31,832
under section 307.983 of the Revised Code that the director and
board mutually agree to include in the agreement. Social service 31,834
duties included in the agreement shall be vested in the board. 31,835
The agreement shall comply with federal statutes and regulations, 31,836
state statutes, and, except as provided in division (B)(9) of 31,837
this section, state rules governing the social service duties 31,838
included in the agreement. 31,839
A partnership agreement shall include responsibilities that 31,842
the state department of human services and county social service 31,843
agencies administering social service duties included in the 31,844
agreement must satisfy. The agreement shall establish, specify, 31,845
or provide for all of the following:
(1) Requirements governing the administration and design 31,847
of, and county social service agencies' cooperation to enhance, 31,848
social service duties included in the agreement; 31,849
(2) Outcomes that county social service agencies are 31,851
expected to achieve from the administration and design of social 31,852
service duties included in the agreement and assistance, 31,853
services, and technical support the state department will provide 31,855
the county social service agencies to aid the agencies in 31,856
achieving the expected outcomes;
(3) Performance AND OTHER ADMINISTRATIVE standards county 31,858
732
social service agencies are required to meet in the design, 31,860
administration, and outcomes of social service duties included in 31,861
the agreement and assistance, services, and technical support the 31,862
state department will provide the county social service agencies 31,863
to aid the agencies in meeting the performance AND OTHER 31,864
ADMINISTRATIVE standards;
(4) Criteria and methodology the state department will use 31,867
to evaluate whether expected outcomes are achieved and
performance AND OTHER ADMINISTRATIVE standards are met and county 31,868
social service agencies will use to evaluate whether the state 31,870
department is providing agreed upon assistance, services, and 31,871
technical support;
(5) Annual financial, administrative, or other incentive 31,873
awards, if any, to be provided in accordance with section 5101.23 31,875
of the Revised Code for exceeding performance AND OTHER 31,876
ADMINISTRATIVE standards; 31,877
(6) The state department taking action against a county 31,879
social service agency pursuant to division (B) of section 5101.24 31,881
of the Revised Code if division (A)(1), (2), or (3) of that 31,884
section applies to the agency; 31,885
(7) The funding of social service duties included in the 31,887
agreement and whether the state department will provide funding 31,888
for two or more county department of human services' duties 31,889
included in the agreement pursuant to a combined funding 31,890
allocation under division (C) of this section. The agreement 31,892
shall either specify the amount of payments to be made for the 31,893
social service duties included in the agreement or the method 31,894
that will be used to determine the amount of payments. 31,895
(8) Audits required by federal statutes and regulations 31,897
and state law and requirements for prompt release of audit 31,898
findings and prompt action to correct problems identified in an 31,899
audit; 31,900
(9) Which, if any, of the state department's rules will be 31,903
waived so that a policy provided for in the agreement may be
733
implemented; 31,904
(10) The method of amending or terminating the agreement 31,906
and an expedited process for correcting terms or conditions of 31,907
the agreement that the director and board agree are erroneous; 31,909
(11) Dispute resolution procedures for anticipated and 31,911
unanticipated disputes. The agreement may establish different 31,912
dispute resolution procedures for different types of disputes. 31,913
Dispute resolution procedures may include negotiation, mediation, 31,915
arbitration, adjudication conducted by a hearing officer or 31,916
fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An 31,918
agreement may not commence before it is entered into nor end 31,919
later than the last day of the state fiscal biennium for which it 31,921
is entered into.
(13) Other provisions determined necessary by the state 31,923
department and the county social services agency. 31,924
(C) The state department shall make payments authorized by 31,927
a partnership agreement on vouchers it prepares and may include 31,929
any funds appropriated or allocated to it for carrying out social 31,930
service duties vested in the board of county commissioners under 31,931
the agreement, including funds for personal services and 31,932
maintenance.
To the extent practicable and not in conflict with federal 31,934
statutes or regulations, state law, or an appropriation made by 31,936
the general assembly, the department may establish a consolidated 31,937
funding allocation for two or more of a county department of 31,938
human services' duties included in the agreement. A county 31,939
department of human services shall use funds available in a 31,940
consolidated funding allocation only for the purpose for which
the funds were appropriated. 31,941
(D) The director of human services may enter into 31,944
partnership agreements with one or more boards of county 31,945
commissioners at a time but an agreement must be entered into 31,946
with each board not later than January 1, 2000. Until a 31,947
734
partnership agreement with a board is entered into and 31,948
implemented, a county social service agency serving the county 31,949
that the board serves shall perform its social service duties in 31,950
the manner they are performed on the effective date of this 31,951
section OCTOBER 1, 1997, with the exception that a county social 31,953
services agency may implement changes authorized by federal 31,954
statutes or regulations, state statutes, or state department 31,955
rules.
Sec. 5101.22. The department of human services may 31,964
establish performance AND OTHER ADMINISTRATIVE standards for the 31,965
administration and outcomes of social service duties and 31,967
determine at intervals the department decides the degree to which 31,968
a county social service agency complies with a performance OR 31,969
OTHER ADMINISTRATIVE standard. The department may use 31,970
statistical sampling, performance audits, case reviews, or other 31,971
methods it determines necessary and appropriate to determine 31,972
compliance with performance AND ADMINISTRATIVE standards. 31,973
A performance OR OTHER ADMINISTRATIVE standard established 31,975
under this section for a social service duty does not apply to a 31,977
county social service agency administering the duty if a 31,978
different performance OR ADMINISTRATIVE standard is specified for 31,979
the agency's administration of the duty pursuant to a partnership 31,981
agreement entered into under section 5101.21 of the Revised Code. 31,983
Sec. 5101.23. Subject to the availability of funds, the 31,992
department of human services may provide annual financial, 31,993
administrative, or other incentive awards to county social 31,994
service agencies that exceed performance AND OTHER ADMINISTRATIVE 31,995
standards specified in a partnership agreement entered into under 31,997
section 5101.21 or established under section 5101.22 of the 31,998
Revised Code. The amount of a financial incentive award shall be 31,999
based on the degree to which a county social service agency 32,000
exceeds a performance OR OTHER ADMINISTRATIVE standard and the 32,001
amount of money available in the social services incentive fund 32,003
established under this section. A county social service agency 32,004
735
may spend funds provided as a financial incentive award only for 32,005
the purpose for which the funds are appropriated. THE DEPARTMENT 32,006
MAY ADOPT INTERNAL MANAGEMENT RULES IN ACCORDANCE WITH SECTION 32,007
111.15 OF THE REVISED CODE TO ESTABLISH THE AMOUNTS OF AWARDS,
METHODOLOGY FOR DISTRIBUTING THE AWARDS, TYPES OF AWARDS, AND 32,008
STANDARDS FOR ADMINISTRATION BY THE DEPARTMENT. 32,009
There is hereby created in the state treasury the social 32,011
services incentive fund. The director of human services may 32,012
request that the director of budget and management transfer funds 32,014
in the Title IV-A reserve fund created under section 5101.82 of 32,016
the Revised Code and other funds appropriated for social service
duties into the fund. If the director of budget and management 32,019
determines that the funds identified by the director of human 32,020
services are available and appropriate for transfer, the director 32,021
of budget and management shall make the transfer. Money in the 32,022
fund shall be used to provide incentive awards under this 32,023
section.
Sec. 5101.33. (A) As used in this section, "public 32,032
assistance BENEFITS" means cash ANY OF THE FOLLOWING: 32,033
(1) CASH assistance paid under Chapter 5107. or 5115. of 32,036
the Revised Code or any;
(2) FOOD STAMP BENEFITS PROVIDED UNDER SECTION 5101.54 OF 32,038
THE REVISED CODE;
(3) ANY OTHER program administered by the department of 32,041
human services under which cash assistance is paid PROVIDED OR 32,042
SERVICE RENDERED;
(4) ANY OTHER PROGRAM, SERVICE, OR ASSISTANCE ADMINISTERED 32,044
BY A PERSON OR GOVERNMENT ENTITY THAT THE DEPARTMENT DETERMINES 32,046
MAY BE DELIVERED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT 32,047
TRANSFER.
(B) The director DEPARTMENT of human services may make any 32,049
payment OR DELIVERY of public assistance to eligible recipients 32,051
BENEFITS TO ELIGIBLE INDIVIDUALS through the medium of electronic 32,054
benefit transfer by doing all of the following:
736
(1) Contracting with an agent to supply debit cards to the 32,056
department of human services for use by such recipients 32,057
INDIVIDUALS in accessing their public assistance BENEFITS and to 32,060
credit such cards electronically with the amounts specified by 32,062
the director OF HUMAN SERVICES pursuant to law; 32,063
(2) Informing such recipients INDIVIDUALS about the use of 32,065
the electronic benefit transfer system and furnishing them with 32,066
debit cards and information that will enable them to access their 32,067
public assistance BENEFITS through the system; 32,068
(3) Arranging with specific financial institutions or 32,070
vendors, or with county departments of human services, OR PERSONS 32,071
OR GOVERNMENT ENTITIES for recipients INDIVIDUALS to have their 32,073
cards credited electronically with the proper amounts at their 32,075
facilities;
(4) Periodically preparing vouchers for the payment of 32,077
such public assistance BENEFITS by electronic benefit transfer; 32,079
(5) SATISFYING ANY APPLICABLE REQUIREMENTS OF FEDERAL AND 32,081
STATE LAW.
(C) The director of human services or his agent shall 32,085
inform the auditor of state of the amount of reimbursement that 32,086
is due each financial institution or vendor that has paid public 32,087
assistance or aid under former Chapter 5113. of the Revised Code 32,088
through the medium DEPARTMENT MAY ENTER INTO A WRITTEN AGREEMENT 32,090
WITH ANY PERSON OR GOVERNMENT ENTITY TO PROVIDE BENEFITS 32,091
ADMINISTERED BY THAT PERSON OR ENTITY THROUGH THE MEDIUM OF 32,093
ELECTRONIC BENEFIT TRANSFER. A WRITTEN AGREEMENT MAY REQUIRE THE
PERSON OR GOVERNMENT ENTITY TO PAY TO THE DEPARTMENT EITHER OR 32,095
BOTH OF THE FOLLOWING:
(1) A CHARGE THAT REIMBURSES THE DEPARTMENT FOR ALL COSTS 32,097
THE DEPARTMENT INCURS IN HAVING THE BENEFITS ADMINISTERED BY THE 32,098
PERSON OR ENTITY PROVIDED THROUGH THE ELECTRONIC BENEFIT TRANSFER 32,099
SYSTEM;
(2) A FEE FOR HAVING THE BENEFITS PROVIDED THROUGH THE 32,101
ELECTRONIC BENEFIT TRANSFER SYSTEM. 32,102
737
(D) THE DEPARTMENT MAY DESIGNATE WHICH COUNTIES WILL 32,105
PARTICIPATE IN THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER, SPECIFY 32,106
THE DATE A DESIGNATED COUNTY WILL BEGIN PARTICIPATION, AND 32,107
SPECIFY WHICH BENEFITS WILL BE PROVIDED THROUGH THE MEDIUM OF 32,108
ELECTRONIC BENEFIT TRANSFER IN A DESIGNATED COUNTY. 32,109
(E) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 32,112
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION
OF THIS SECTION.
Sec. 5101.34. (A) THERE IS HEREBY CREATED IN THE 32,115
DEPARTMENT OF HUMAN SERVICES THE OHIO COMMISSION ON FATHERHOOD. 32,116
THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS: 32,117
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 32,119
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, AND TWO 32,120
MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER 32,121
OF THE HOUSE, EACH FROM A DIFFERENT POLITICAL PARTY. THESE 32,122
MEMBERS SHALL BE FROM LEGISLATIVE DISTRICTS THAT INCLUDE A COUNTY 32,124
OR PART OF A COUNTY THAT IS AMONG THE ONE-THIRD OF COUNTIES IN 32,125
THIS STATE WITH THE HIGHEST NUMBER PER CAPITA OF HOUSEHOLDS 32,126
HEADED BY FEMALES.
(2) THE GOVERNOR, OR THE GOVERNOR'S DESIGNEE; 32,128
(3) ONE REPRESENTATIVE OF THE JUDICIAL BRANCH OF 32,130
GOVERNMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT; 32,132
(4) THE DIRECTORS OF HEALTH, HUMAN SERVICES, 32,134
REHABILITATION AND CORRECTION, AND YOUTH SERVICES AND THE 32,135
SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THEIR DESIGNEES; 32,136
(5) ONE REPRESENTATIVE OF THE OHIO FAMILY AND CHILDREN 32,139
FIRST CABINET COUNCIL CREATED UNDER SECTION 121.37 OF THE REVISED 32,141
CODE APPOINTED BY THE CHAIRPERSON OF THE COUNCIL; 32,142
(6) FIVE REPRESENTATIVES OF THE GENERAL PUBLIC APPOINTED 32,144
BY THE GOVERNOR. THESE MEMBERS SHALL HAVE EXTENSIVE EXPERIENCE 32,145
IN ISSUES RELATED TO FATHERHOOD. 32,146
(B) THE APPOINTING AUTHORITIES OF THE OHIO COMMISSION ON 32,149
FATHERHOOD SHALL MAKE INITIAL APPOINTMENTS TO THE COMMISSION 32,150
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. OF 32,151
738
THE INITIAL APPOINTMENTS TO THE COMMISSION MADE PURSUANT TO 32,152
DIVISIONS (A)(3), (5), AND (6) OF THIS SECTION, THREE OF THE 32,154
MEMBERS SHALL SERVE A TERM OF ONE YEAR AND FOUR SHALL SERVE A 32,155
TERM OF TWO YEARS. MEMBERS SO APPOINTED SUBSEQUENTLY SHALL SERVE 32,156
TWO-YEAR TERMS. A MEMBER APPOINTED PURSUANT TO DIVISION (A)(1) 32,158
OF THIS SECTION SHALL SERVE ON THE COMMISSION UNTIL THE END OF 32,159
THE GENERAL ASSEMBLY FROM WHICH THE MEMBER WAS APPOINTED OR UNTIL 32,160
THE MEMBER CEASES TO SERVE IN THE CHAMBER OF THE GENERAL ASSEMBLY 32,161
IN WHICH THE MEMBER SERVES AT THE TIME OF APPOINTMENT, WHICHEVER 32,162
OCCURS FIRST. THE GOVERNOR OR THE GOVERNOR'S DESIGNEE SHALL 32,163
SERVE ON THE COMMISSION UNTIL THE GOVERNOR CEASES TO BE GOVERNOR. 32,164
THE DIRECTORS AND SUPERINTENDENT OR THEIR DESIGNEES SHALL SERVE 32,165
ON THE COMMISSION UNTIL THEY CEASE, OR THE DIRECTOR OR 32,167
SUPERINTENDENT A DESIGNEE REPRESENTS CEASES, TO BE DIRECTOR OR 32,168
SUPERINTENDENT. EACH MEMBER SHALL SERVE ON THE COMMISSION FROM 32,169
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 32,170
MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. 32,171
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 32,174
ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY 32,175
OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE 32,176
MEMBER'S PREDECESSOR WAS APPOINTED SHALL SERVE ON THE COMMISSION 32,177
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE TO SERVE 32,178
ON THE COMMISSION SUBSEQUENT TO THE EXPIRATION DATE OF THE 32,179
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED OR UNTIL 32,180
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 32,181
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED 32,182
FOR NECESSARY EXPENSES.
Sec. 5101.341. (A) THE OHIO COMMISSION ON FATHERHOOD 32,184
ANNUALLY SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. THE 32,185
DEPARTMENT OF HUMAN SERVICES SHALL PROVIDE STAFF AND OTHER 32,186
SUPPORT SERVICES FOR THE COMMISSION. 32,187
(B) THE COMMISSION MAY ACCEPT GIFTS, GRANTS, DONATIONS, 32,190
CONTRIBUTIONS, BENEFITS, AND OTHER FUNDS FROM ANY PUBLIC AGENCY 32,191
OR PRIVATE SOURCE TO CARRY OUT ANY OR ALL OF THE COMMISSION'S 32,192
739
DUTIES. THE FUNDS SHALL BE DEPOSITED INTO THE OHIO COMMISSION ON 32,193
FATHERHOOD FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 32,194
ALL GIFTS, GRANTS, DONATIONS, CONTRIBUTIONS, BENEFITS, AND OTHER 32,195
FUNDS RECEIVED BY THE COMMISSION PURSUANT TO THIS DIVISION SHALL 32,196
BE USED SOLELY TO SUPPORT THE OPERATIONS OF THE COMMISSION. 32,197
Sec. 5101.342. THE OHIO COMMISSION ON FATHERHOOD SHALL DO 32,200
BOTH OF THE FOLLOWING:
(A) ORGANIZE A STATE SUMMIT ON FATHERHOOD EVERY FOUR 32,202
YEARS;
(B)(1) PREPARE A REPORT EACH YEAR THAT IDENTIFIES 32,205
RESOURCES AVAILABLE TO FUND FATHERHOOD-RELATED PROGRAMS AND 32,206
EXPLORES THE CREATION OF INITIATIVES TO DO THE FOLLOWING: 32,207
(a) BUILD THE PARENTING SKILLS OF FATHERS; 32,209
(b) PROVIDE EMPLOYMENT-RELATED SERVICES FOR LOW-INCOME, 32,212
NONCUSTODIAL FATHERS;
(c) PREVENT PREMATURE FATHERHOOD; 32,214
(d) PROVIDE SERVICES TO FATHERS WHO ARE INMATES IN OR HAVE 32,216
JUST BEEN RELEASED FROM IMPRISONMENT IN A STATE CORRECTIONAL 32,217
INSTITUTION, AS DEFINED IN SECTION 2967.01 OF THE REVISED CODE, 32,218
OR IN ANY OTHER DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 32,219
OF THE REVISED CODE, SO THAT THEY ARE ABLE TO MAINTAIN OR
REESTABLISH THEIR RELATIONSHIPS WITH THEIR FAMILIES; 32,220
(e) RECONCILE FATHERS WITH THEIR FAMILIES; 32,222
(f) INCREASE PUBLIC AWARENESS OF THE CRITICAL ROLE FATHERS 32,225
PLAY.
(2) THE COMMISSION SHALL SUBMIT EACH REPORT PREPARED 32,228
PURSUANT TO DIVISION (B)(1) OF THIS SECTION TO THE PRESIDENT AND 32,229
MINORITY LEADER OF THE SENATE, SPEAKER AND MINORITY LEADER OF THE 32,230
HOUSE OF REPRESENTATIVES, GOVERNOR, AND CHIEF JUSTICE OF THE 32,231
SUPREME COURT. THE FIRST REPORT IS DUE NOT LATER THAN ONE YEAR 32,232
AFTER THE LAST OF THE INITIAL APPOINTMENTS TO THE COMMISSION IS 32,233
MADE UNDER SECTION 5101.341 OF THE REVISED CODE. 32,234
Sec. 5101.343. SECTION 101.84 OF THE REVISED CODE DOES NOT 32,237
APPLY TO THE OHIO COMMISSION ON FATHERHOOD. 32,238
740
Sec. 5101.46. (A) As used in this section: 32,247
(1) "Title XX" means Title XX of the "Social Security 32,250
Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. 32,252
(2) "Respective local agency" means, with respect to the 32,255
department of human services, a county department of human
services; with respect to the department of mental health, a 32,256
board of alcohol, drug addiction, and mental health services; and 32,258
with respect to the department of mental retardation and
developmental disabilities, a county board of mental retardation 32,259
and developmental disabilities. 32,260
(3) "Federal poverty guidelines" means the poverty 32,263
guidelines as revised annually by the United States department of 32,264
health and human services in accordance with section 673(2) of 32,265
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 32,267
U.S.C.A. 9902, as amended, for a family size equal to the size of 32,269
the family of the person whose income is being determined. 32,270
(B) The departments of human services, mental health, and 32,273
mental retardation and developmental disabilities, with their 32,274
respective local agencies, shall administer the provision of 32,275
social services funded through grants made under Title XX. The 32,277
social services furnished with Title XX funds shall be directed 32,278
at the following goals:
(1) Achieving or maintaining economic self-support to 32,280
prevent, reduce, or eliminate dependency; 32,281
(2) Achieving or maintaining self-sufficiency, including 32,283
reduction or prevention of dependency; 32,284
(3) Preventing or remedying neglect, abuse, or 32,286
exploitation of children and adults unable to protect their own 32,287
interests, or preserving, rehabilitating, or reuniting families; 32,288
(4) Preventing or reducing inappropriate institutional 32,290
care by providing for community-based care, home-based care, or 32,291
other forms of less intensive care; 32,292
(5) Securing referral or admission for institutional care 32,294
when other forms of care are not appropriate, or providing 32,295
741
services to individuals in institutions. 32,296
(C)(1) All federal funds received under Title XX shall be 32,299
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of 32,302
human services;
(b) Twelve and ninety-three one-hundreths per cent to the 32,305
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per cent to the 32,308
department of mental retardation and developmental disabilities. 32,309
(2) Each state department shall, subject to the approval 32,312
of the controlling board, develop formulas for the distribution 32,313
of their Title XX appropriations to their respective local 32,315
agencies. The formulas shall take into account the total 32,316
population of the area that is served by the agency, the 32,317
percentage of the population in the area that falls below the 32,318
federal poverty guidelines, and the agency's history of and
ability to utilize Title XX funds. 32,319
(3) Each of the state departments shall expend no more 32,322
than three per cent of its Title XX appropriation for state 32,323
administrative costs. Each of the department's respective local 32,324
agencies shall expend no more than fourteen per cent of its Title 32,326
XX appropriation for local administrative costs.
(4) The department of human services shall expend no more 32,328
than two per cent of its Title XX appropriation for the training 32,331
of the following:
(a) Employees of county departments of human services; 32,334
(b) Providers of services under contract with the state 32,337
departments' respective local agencies;
(c) Employees of a public children services agency 32,339
directly engaged in providing Title XX services. 32,342
(D) The department of human services shall prepare a 32,345
biennial comprehensive Title XX social services plan on the 32,346
intended use of Title XX funds. The department shall develop a 32,347
method for obtaining public comment during the development of the 32,348
742
plan and following its completion. 32,349
For each state fiscal year, the department of human 32,351
services shall prepare a report on the actual use of Title XX 32,353
funds. The department shall make the report available for public 32,354
inspection.
The departments of mental health and mental retardation and 32,357
developmental disabilities shall prepare and submit to the
department of human services the portions of each biennial plan 32,358
and annual report that apply to services for mental health and 32,359
mental retardation and developmental disabilities. Each 32,360
respective local agency of the three state departments shall 32,361
submit information as necessary for the preparation of biennial 32,362
plans and annual reports. 32,363
(E) Each county department shall adopt a county profile 32,366
for the administration and provision of Title XX social services 32,367
in the county. In developing its county profile, the county 32,368
department shall take into consideration the comments and 32,369
recommendations received from the public by the county human 32,370
services planning committee pursuant to section 329.06 of the 32,371
Revised Code. As part of its preparation of the county profile, 32,373
the county department may prepare a local needs report analyzing 32,374
the need for Title XX social services. 32,375
The county department shall submit the county profile to 32,378
the board of county commissioners for its review. Once the
county profile has been approved by the board, the county 32,379
department shall file a copy of the county profile with the state 32,381
department of human services. The state department shall approve 32,382
the county profile if the state department determines the profile
provides for the Title XX social services to meet the goals 32,383
specified in division (B) of this section. 32,384
(F) Not less often than every two years, the departments 32,386
of human services, mental health, and mental retardation and 32,387
developmental disabilities each shall commission an entity 32,388
independent of itself to conduct an audit of its Title XX 32,389
743
expenditures in accordance with generally accepted auditing 32,391
principles. Within thirty days following the completion of its 32,392
audit, each department shall submit a copy of the audit to the 32,393
general assembly and to the United States secretary of health and 32,394
human services. 32,395
(G) Any of the three state departments and their 32,398
respective local agencies may require that an entity under 32,399
contract to provide social services with Title XX funds submit to 32,400
an audit on the basis of alleged misuse or improper accounting of 32,401
funds. The three state departments and their respective local 32,402
agencies may terminate or refuse to enter into a Title XX 32,403
contract with a provider of social services if there are adverse 32,404
findings in an audit that are the responsibility of the provider. 32,405
The amount of any adverse findings shall not be reimbursed with 32,406
Title XX funds. The cost of conducting an audit shall be 32,407
reimbursed under a subsequent or amended Title XX contract with 32,408
the provider. 32,409
(H) If federal funds received by the department of human 32,412
services for use under Chapters 5107. and 5108. of the Revised 32,413
Code are transferred by the controlling board for use in 32,415
providing social services under this section, the DISTRIBUTION 32,416
AND USE OF THE FUNDS ARE NOT SUBJECT TO THE PROVISIONS OF 32,417
DIVISION (C) OF THIS SECTION. THE department shall distribute 32,418
MAY DO ONE OR BOTH OF THE FOLLOWING WITH THE FUNDS:
(1) DISTRIBUTE the funds solely to the county departments 32,421
of human services;
(2) USE THE FUNDS FOR SERVICES THAT BENEFIT INDIVIDUALS 32,423
ELIGIBLE FOR SERVICES CONSISTENT WITH THE PRINCIPLES OF TITLE 32,425
IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 32,426
U.S.C.A. 301, AS AMENDED.
(I) The department of human services may adopt rules 32,428
necessary to carry out the purposes of this section. Rules 32,430
adopted under this division shall be adopted in accordance with 32,432
Chapter 119. of the Revised Code, unless they are internal 32,433
744
management rules governing fiscal and administrative matters. 32,434
Internal management rules may be adopted in accordance with 32,435
section 111.15 of the Revised Code. 32,437
Sec. 5101.50. (A) AS USED IN THIS SECTION AND IN SECTIONS 32,439
5101.51 TO 5101.518 OF THE REVISED CODE: 32,440
(1) "CHILDREN'S HEALTH INSURANCE PROGRAM" MEANS THE 32,442
PROGRAM AUTHORIZED BY TITLE XXI OF THE "SOCIAL SECURITY ACT," 111 32,444
STAT. 552 (1997), 42 U.S.C.A. 1397aa. 32,446
(2) "FEDERAL POVERTY GUIDELINES" HAS THE SAME MEANING AS 32,448
IN SECTION 5101.46 OF THE REVISED CODE. 32,449
(B) THE DIRECTOR OF HUMAN SERVICES MAY CONTINUE TO OPERATE 32,451
THE CHILDREN'S HEALTH INSURANCE PROGRAM INITIALLY AUTHORIZED BY 32,452
AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF THE REVISED 32,453
CODE AS LONG AS FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR 32,454
THE PROGRAM. IF OPERATED, THE PROGRAM SHALL PROVIDE HEALTH 32,455
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 32,456
WITH FAMILY INCOMES NOT EXCEEDING ONE HUNDRED FIFTY PER CENT OF 32,457
THE FEDERAL POVERTY GUIDELINES. IN ACCORDANCE WITH 42 U.S.C.A. 32,459
1397aa, THE DIRECTOR MAY PROVIDE FOR THE HEALTH ASSISTANCE TO 32,460
MEET THE REQUIREMENTS OF 42 U.S.C.A. 1397cc, TO BE PROVIDED UNDER 32,462
THE MEDICAID PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE 32,463
REVISED CODE, OR TO BE A COMBINATION OF BOTH. 32,464
Sec. 5101.501. HEALTH ASSISTANCE PROVIDED UNDER SECTION 32,466
5101.50 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 32,467
HEALTH INSURANCE PROGRAM PART I. 32,468
Sec. 5101.502. THE DIRECTOR OF HUMAN SERVICES MAY ADOPT 32,470
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 32,471
NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE CHILDREN'S 32,473
HEALTH INSURANCE PROGRAM PART I, INCLUDING RULES THAT ESTABLISH 32,474
ALL OF THE FOLLOWING: 32,475
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 32,477
WILL BE REIMBURSED; 32,478
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 32,480
REIMBURSABLE UNDER THE PROGRAM; 32,481
745
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 32,483
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 32,485
Sec. 5101.503. A COMPLETED APPLICATION FOR MEDICAL 32,487
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 32,488
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 32,490
CHILDREN'S HEALTH INSURANCE PROGRAM PART I IF THE APPLICATION IS 32,491
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 32,493
YEARS OF AGE AND IS DENIED.
Sec. 5101.51. IN ACCORDANCE WITH FEDERAL LAW GOVERNING THE 32,495
CHILDREN'S HEALTH INSURANCE PROGRAM, THE DIRECTOR OF HUMAN 32,496
SERVICES MAY SUBMIT A STATE CHILD HEALTH PLAN TO THE UNITED 32,497
STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO PROVIDE, EXCEPT 32,498
AS PROVIDED IN SECTION 5101.516 OF THE REVISED CODE, HEALTH 32,500
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 32,501
WITH FAMILY INCOMES ABOVE ONE HUNDRED FIFTY PER CENT OF THE 32,502
FEDERAL POVERTY GUIDELINES BUT NOT EXCEEDING TWO HUNDRED PER CENT 32,503
OF THE FEDERAL POVERTY GUIDELINES. IF THE DIRECTOR SUBMITS THE 32,504
PLAN, THE DIRECTOR SHALL INCLUDE BOTH OF THE FOLLOWING IN THE 32,505
PLAN:
(A) THE HEALTH ASSISTANCE WILL NOT BEGIN BEFORE JANUARY 1, 32,508
2000.
(B) THE HEALTH ASSISTANCE WILL BE AVAILABLE ONLY WHILE 32,510
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR IT. 32,511
Sec. 5101.511. HEALTH ASSISTANCE PROVIDED UNDER SECTION 32,513
5101.51 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 32,514
HEALTH INSURANCE PROGRAM PART II. 32,515
Sec. 5101.512. IF THE DIRECTOR OF HUMAN SERVICES SUBMITS A 32,517
STATE CHILD HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH 32,518
AND HUMAN SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND 32,520
THE SECRETARY APPROVES THE PLAN, THE DIRECTOR SHALL IMPLEMENT THE
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IN ACCORDANCE WITH 32,522
THE PLAN. THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 32,523
CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR THE EFFICIENT 32,524
ADMINISTRATION OF THE PROGRAM, INCLUDING RULES THAT ESTABLISH ALL 32,527
746
OF THE FOLLOWING: 32,528
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 32,530
WILL BE REIMBURSED; 32,531
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 32,533
REIMBURSABLE UNDER THE PROGRAM; 32,534
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 32,536
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 32,537
Sec. 5101.513. THE DIRECTOR OF HUMAN SERVICES MAY CONTRACT 32,539
WITH A GOVERNMENT ENTITY OR PERSON TO PERFORM THE DIRECTOR'S 32,540
ADMINISTRATIVE DUTIES REGARDING THE CHILDREN'S HEALTH INSURANCE 32,541
PROGRAM PART II, OTHER THAN THE DUTY TO SUBMIT A STATE CHILD 32,542
HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 32,544
SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND THE DUTY 32,545
TO ADOPT RULES UNDER SECTION 5101.512 OF THE REVISED CODE. 32,546
Sec. 5101.514. IN ACCORDANCE WITH 42 U.S.C.A. 1397aa, THE 32,549
DIRECTOR MAY PROVIDE FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S 32,551
HEALTH INSURANCE PROGRAM PART II TO MEET THE REQUIREMENTS OF 42 32,552
U.S.C.A. 1397cc, TO BE PROVIDED UNDER THE MEDICAID PROGRAM 32,554
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, OR TO BE A 32,555
COMBINATION OF BOTH. 32,556
Sec. 5101.515. THE DIRECTOR OF HUMAN SERVICES MAY 32,558
DETERMINE APPLICANTS' ELIGIBILITY FOR THE CHILDREN'S HEALTH 32,559
INSURANCE PROGRAM PART II BY ANY OF THE FOLLOWING MEANS: 32,560
(A) USING EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES; 32,562
(B) ASSIGNING THE DUTY TO COUNTY DEPARTMENTS OF HUMAN 32,564
SERVICES; 32,565
(C) CONTRACTING WITH A GOVERNMENT ENTITY OR PERSON. 32,567
Sec. 5101.516. IF THE DIRECTOR OF HUMAN SERVICES 32,569
DETERMINES THAT FEDERAL FINANCIAL PARTICIPATION FOR THE 32,570
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IS INSUFFICIENT TO 32,571
PROVIDE HEALTH ASSISTANCE TO ALL THE INDIVIDUALS THE DIRECTOR 32,572
ANTICIPATES ARE ELIGIBLE FOR THE PROGRAM, THE DIRECTOR MAY REFUSE 32,573
TO ACCEPT NEW APPLICATIONS FOR THE PROGRAM OR MAY MAKE THE 32,574
PROGRAM'S ELIGIBILITY REQUIREMENTS MORE RESTRICTIVE. 32,575
747
Sec. 5101.517. TO THE EXTENT PERMITTED BY 42 U.S.C.A. 32,579
1397cc(e), THE DIRECTOR OF HUMAN SERVICES MAY REQUIRE AN 32,580
INDIVIDUAL RECEIVING HEALTH ASSISTANCE UNDER THE CHILDREN'S
HEALTH INSURANCE PROGRAM PART II TO PAY A PREMIUM, DEDUCTIBLE, 32,581
COINSURANCE PAYMENT, OR OTHER COST-SHARING EXPENSE. 32,582
Sec. 5101.518. THE DIRECTOR OF HUMAN SERVICES SHALL 32,584
ESTABLISH AN APPEAL PROCESS FOR INDIVIDUALS AGGRIEVED BY A 32,585
DECISION MADE REGARDING ELIGIBILITY FOR THE CHILDREN'S HEALTH 32,586
INSURANCE PROGRAM PART II. THE PROCESS MAY BE IDENTICAL TO, 32,587
SIMILAR TO, OR DIFFERENT FROM THE APPEAL PROCESS ESTABLISHED BY 32,588
SECTION 5101.35 OF THE REVISED CODE. 32,589
Sec. 5101.519. A COMPLETED APPLICATION FOR MEDICAL 32,591
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 32,592
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 32,594
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IF THE APPLICATION IS 32,595
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 32,597
YEARS OF AGE AND IS DENIED.
Sec. 5101.52. Upon the death of a recipient of aid, under 32,606
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 32,607
U.S.C.A. 301, as amended, or of any person who would be eligible 32,608
for such aid except that he THE PERSON is a resident of a county 32,609
home, or any person who received assistance under former Chapter 32,611
5105., 5106., or 5151. of the Revised Code, for the month of 32,612
December, 1973, or a recipient of aid under Chapter 5107. or 32,613
5115. of the Revised Code who resides RESIDED in an 32,614
unincorporated area, application may be made THE PERSON ENTITLED 32,616
TO RECEIVE PAYMENT FOR FUNERAL, CREMATION, CEMETERY, AND BURIAL 32,617
EXPENSES FOR THE DECEASED RECIPIENT MAY APPLY to the A COUNTY 32,618
department of human services for STATE funds to defray the THOSE 32,619
expenses of burial for such deceased recipient. AN ITEMIZED 32,621
SWORN STATEMENT OF THE TOTAL FUNERAL, CREMATION, CEMETERY, AND 32,622
BURIAL CHARGES SUBMITTED BY A FUNERAL DIRECTOR MUST ACCOMPANY THE 32,623
APPLICATION.
THE COUNTY DEPARTMENT THAT RECEIVES THE APPLICATION SHALL 32,625
748
MAKE THE DETERMINATION OF WHETHER TO APPROVE PAYMENT OF THE 32,626
FUNERAL, CREMATION, CEMETERY, AND BURIAL EXPENSES. THE COUNTY 32,628
DEPARTMENT SHALL NOT APPROVE THE PAYMENT IF THE RECIPIENT, AT THE 32,629
TIME OF DEATH, HAD FUNDS AVAILABLE FOR THE EXPENSES OR IF THE 32,630
TOTAL COST OF THE EXPENSES EXCEEDS THE AMOUNT DESIGNATED IN THIS 32,631
SECTION. ANY PERSON OR GOVERNMENT ENTITY, OTHER THAN THE STATE 32,632
DEPARTMENT OF HUMAN SERVICES, MAY PROVIDE CONTRIBUTIONS, 32,634
ALLOWANCES, AND GRANTS UP TO A TOTAL AMOUNT NOT TO EXCEED THE 32,635
MAXIMUM BURIAL ASSISTANCE PAYMENT UNDER THIS SECTION AND GRAVE 32,636
SPACE TOWARDS ITEMS OF CREMATION, CEMETERY, OUTSIDE RECEPTACLE, 32,637
AND INCIDENTAL FUNERAL AND BURIAL EXPENSES, OTHER THAN A STANDARD 32,638
SIZED CASKET AND PROFESSIONAL SERVICES OF THE FUNERAL DIRECTOR. 32,639
TO THE EXTENT FURNISHED, SUCH CONTRIBUTION, ALLOWANCE, GRANT, OR 32,640
GRAVE SPACE SHALL NOT BE CONSIDERED A PART OF THE TOTAL FUNERAL, 32,641
CREMATION, CEMETERY, AND BURIAL EXPENSES OF THE DECEASED 32,642
RECIPIENT. The COUNTY department shall approve burial PAYMENT OF 32,643
expenses only to the extent of the difference between the 32,644
resources of the deceased person, in real and personal property 32,645
and insurance, and the permissible payment for burial and funeral 32,646
expenses as provided in this section. 32,647
A sum not to exceed the following amount may be ordered 32,649
paid to the proper person to defray the total funeral, cremation, 32,650
cemetery, and burial expenses of the deceased recipient: 32,651
(A) A IF THE DECEASED RECIPIENT WAS A recipient of aid 32,653
under Title XVI of the "Social Security Act," 49 Stat. 620 32,656
(1935), 42 U.S.C.A. 301, as amended, or of any A person who would 32,657
be HAVE BEEN eligible for such aid except that he is a resident 32,659
of THE PERSON RESIDED IN a county home, or any A person who 32,660
received assistance under former Chapter 5105., 5106., or 5151. 32,662
of the Revised Code, for the month of December, 1973, or a 32,663
recipient of aid under Chapter 5107. or 5115. of the Revised Code 32,665
who resides RESIDED in an unincorporated area. If such recipient 32,666
is AND WAS eleven years of age or older, seven hundred fifty 32,667
dollars.
749
(B) A IF THE DECEASED RECIPIENT WAS A recipient of aid 32,669
under Chapter 5107. or 5115. of the Revised Code who resides 32,671
RESIDED in an unincorporated area, if such recipient has AND HAD 32,673
not reached the age of eleven years, five hundred dollars. 32,675
Such funeral, cremation, cemetery, and burial expense 32,677
payments shall not be made to the extent that the recipient, at 32,678
the time of death, had funds available for such purposes. No 32,679
payment shall be made by the department if the total cost of the 32,680
funeral, cremation, cemetery, and burial expenses exceeds the 32,681
amount designated under this section. Contributions, allowances, 32,682
and grants up to a total amount not to exceed the maximum burial 32,683
assistance payment under this section and grave space may be 32,684
furnished by any source, other than the department, towards items 32,685
of cremation, cemetery, outside receptacle, incidental funeral 32,686
and burial expenses, other than a standard sized casket and 32,687
professional services of the funeral director, and to the extent 32,688
so furnished shall not be considered as a part of the total 32,689
funeral, cremation, cemetery, and burial expenses of such 32,690
deceased recipient. Application for state funds shall be filed 32,691
by the proper person entitled to receive payment for funeral and 32,692
burial expenses. An itemized sworn statement of the total 32,693
funeral, cremation, cemetery, and burial charges shall be 32,694
submitted by the funeral director. 32,695
Sec. 5101.541. (A) The department of human services shall 32,704
establish, by rule, effective July 1, 1981, a system of mail 32,705
issuance of food stamp allotments utilizing direct coupon 32,706
mailing. The county department of human services shall 32,707
administer the mailing of such coupons under the supervision of 32,708
the department of human services. The system shall provide for 32,709
redetermination of eligibility at the same intervals as are in 32,710
effect on March 23, 1981 or at such other intervals as may be 32,711
required by federal law or regulation. 32,712
(B) The department of human services shall provide an 32,714
alternative system to the system of mail issuance established in 32,715
750
division (A) of this section in counties where ANY OF THE 32,716
FOLLOWING APPLY: 32,717
(1) The department can document, after notice and hearing, 32,719
significant diminution of demand for mail issuance of food stamp 32,720
coupons; or 32,721
(2) The loss rate for coupons issued through the mail 32,723
exceeds any tolerable loss rate which may be established by rule 32,724
of the United States department of agriculture; 32,725
(3) THE DEPARTMENT PROVIDES FOR FOOD STAMP BENEFITS TO BE 32,727
DISTRIBUTED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER IN 32,728
THE COUNTY PURSUANT TO SECTION 5101.33 OF THE REVISED CODE. 32,729
(C) The county department of human services shall issue to 32,731
each household or the household's authorized representative for 32,732
coupon issuance, at the time eligibility for food stamps is 32,733
established, an identification card. The card shall be issued in 32,734
the name of the household member to whom food stamp coupons are 32,735
issued or the authorized representative. 32,736
Sec. 5101.544. If the benefits of a household are reduced 32,745
under a federal, state, or local means-tested public assistance 32,746
program for failure of a member of the household to perform an 32,747
action required under the program, the household may not receive, 32,748
for the duration of the reduction, an increased allotment of food 32,749
stamp benefits as the result of a decrease in the income of the 32,750
household to the extent that the decrease is the result of the 32,751
reduction. To the extent federal law and regulations or a 32,752
federal waiver permit, an incentive payment under the LEAPprogram established under section 5107.30 of the Revised Code 32,755
shall not result in a decrease in the allotment of food stamp 32,757
benefits a household receives.
The department of human services shall adopt rules in 32,759
accordance with Chapter 119. of the Revised Code to implement 32,761
this section. The rules shall be consistent with 7 U.S.C.A. 32,762
2017(d), AND federal regulations, and the terms and conditions of 32,763
the federal waiver authorizing the LEAP program. 32,764
751
Sec. 5101.83. (A) As used in this section: 32,774
(1) "Assistance group" has the same meaning as in sections 32,776
5107.02 and 5108.01 of the Revised Code. 32,777
(2) "Fraudulent assistance" means assistance and services, 32,781
including cash assistance, provided under the Ohio works first 32,782
program established under Chapter 5107., or the prevention, 32,783
retention, and contingency program established under Chapter 32,784
5108. of the Revised Code, to or on behalf of an assistance group 32,785
that is provided as a result of fraud by a member of the 32,787
assistance group, including an intentional violation of the 32,788
program's requirements. "Fraudulent assistance" does not include 32,789
assistance or services to or on behalf of an assistance group 32,792
that is provided as a result of an error that is the fault of a 32,793
county department of human services or the state department of 32,794
human services.
(B) If a county director of human services determines that 32,798
an assistance group has received fraudulent assistance, the 32,799
assistance group is ineligible to participate in the Ohio works 32,801
first program or the prevention, retention, and contingency 32,802
program until a member of the assistance group repays the cost of 32,804
the fraudulent assistance. If a member repays the cost of the 32,805
fraudulent assistance and the assistance group otherwise meets 32,806
the eligibility requirements for the Ohio works first program or 32,808
the prevention, retention, and contingency program, the
assistance group shall not be denied the opportunity to 32,809
participate in the program. 32,810
This section does not limit the ability of a county 32,812
department of human services to recover erroneous payments under 32,813
section 5107.77 5107.76 of the Revised Code. 32,814
The state department of human services shall adopt rules in 32,817
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 32,819
THE REVISED CODE, "KINSHIP CAREGIVER" MEANS ANY OF THE FOLLOWING 32,821
752
INDIVIDUALS WHO IS AGE EIGHTEEN YEARS OF AGE OR OLDER AND IS 32,822
CARING FOR A CHILD IN PLACE OF THE CHILD'S PARENTS: 32,824
(A) THE FOLLOWING INDIVIDUALS RELATED BY BLOOD OR ADOPTION 32,826
TO THE CHILD: 32,827
(1) GRANDPARENTS, INCLUDING GRANDPARENTS WITH THE PREFIX 32,829
"GREAT," "GREAT-GREAT," OR "GREAT-GREAT-GREAT"; 32,830
(2) SIBLINGS; 32,832
(3) AUNTS, UNCLES, NEPHEWS, AND NIECES, INCLUDING SUCH 32,834
RELATIVES WITH THE PREFIX "GREAT," "GREAT-GREAT," "GRAND," OR 32,835
"GREAT-GRAND";
(4) FIRST COUSINS AND FIRST COUSINS ONCE REMOVED. 32,837
(B) STEPPARENTS AND STEPSIBLINGS OF THE CHILD; 32,839
(C) SPOUSES AND FORMER SPOUSES OF INDIVIDUALS NAMED IN 32,841
DIVISIONS (A) AND (B) OF THIS SECTION; 32,842
(D) A LEGAL GUARDIAN OF THE CHILD; 32,844
(E) A LEGAL CUSTODIAN OF THE CHILD. 32,846
Sec. 5101.851. THERE IS HEREBY CREATED THE KINSHIP CARE 32,848
SERVICES PLANNING COUNCIL IN THE DEPARTMENT OF HUMAN SERVICES. 32,849
THE FOLLOWING SHALL SERVE ON THE COUNCIL: 32,850
(A) THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE 32,852
DIRECTORS OF HUMAN SERVICES, YOUTH SERVICES, HEALTH, MENTAL 32,853
HEALTH, ALCOHOL AND DRUG ADDICTION SERVICES, MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES, AND AGING OR THE SUPERINTENDENT'S 32,854
OR DIRECTORS' DESIGNEES; 32,855
(B) REPRESENTATIVES OF THE FOLLOWING AS APPOINTED BY THE 32,857
DIRECTOR OF HUMAN SERVICES NOT LATER THAN AUGUST 30, 1999: 32,858
(1) PUBLIC CHILDREN SERVICES AGENCIES; 32,860
(2) COUNTY DEPARTMENTS OF HUMAN SERVICES; 32,862
(3) CHILD SUPPORT ENFORCEMENT AGENCIES; 32,864
(4) AREA AGENCIES ON AGING; 32,866
(5) LEGAL AID SOCIETIES; 32,868
(6) ORGANIZATIONS THE DIRECTOR DETERMINES SHOULD BE 32,870
REPRESENTED ON THE COUNCIL. 32,871
Sec. 5101.852. BASED ON THE REPORT OF THE GRANDPARENTS 32,873
753
RAISING GRANDCHILDREN TASK FORCE CREATED BY AM. SUB. H.B. 215 OF 32,874
THE 122nd GENERAL ASSEMBLY, THE KINSHIP CARE SERVICES PLANNING 32,875
COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DIRECTOR OF HUMAN 32,876
SERVICES THAT SPECIFY THE TYPES OF SERVICES THAT SHOULD BE 32,877
INCLUDED AS PART OF A PROGRAM PROVIDING SUPPORT SERVICES TO 32,878
KINSHIP CAREGIVERS.
THE COUNCIL SHALL MAKE ITS RECOMMENDATIONS TO THE DIRECTOR 32,880
OF HUMAN SERVICES NO LATER THAN DECEMBER 31, 1999. THE COUNCIL 32,881
SHALL CEASE TO EXIST ON THE DATE IT MAKES THE RECOMMENDATIONS. 32,882
Sec. 5101.853. (A) AS USED IN THIS SECTION, "QUALIFIED 32,884
STATE EXPENDITURES" HAS THE MEANING PROVIDED BY SECTION 32,885
409(a)(7)(B)(i) OF THE "PERSONAL RESPONSIBILITY AND WORK 32,889
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 32,892
U.S.C.A. 609(a)(7)(B)(i). 32,893
(B) USING QUALIFIED STATE EXPENDITURES AND BASED ON THE 32,895
RECOMMENDATIONS OF THE KINSHIP CARE SERVICES PLANNING COUNCIL, 32,896
THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A PROGRAM 32,897
PROVIDING SUPPORT SERVICES TO KINSHIP CAREGIVERS THAT ADDRESSES 32,898
THE NEEDS OF THOSE CAREGIVERS. THE DEPARTMENT SHALL ESTABLISH 32,899
THE PROGRAM NO LATER THAN MARCH 31, 2000. THE PROGRAM SHALL 32,900
PROVIDE SUPPORT SERVICES THAT INCLUDE THE FOLLOWING: 32,901
(1) PUBLICLY FUNDED CHILD DAY-CARE; 32,903
(2) RESPITE CARE; 32,905
(3) TRAINING RELATED TO CARING FOR SPECIAL NEEDS CHILDREN; 32,907
(4) A TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO 32,909
OBTAIN BASIC INFORMATION ABOUT THE RIGHTS OF, AND SERVICES 32,910
AVAILABLE TO, KINSHIP CAREGIVERS; 32,911
(5) LEGAL SERVICES. 32,913
Sec. 5101.854. THE DEPARTMENT OF HUMAN SERVICES SHALL 32,915
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 32,916
TO IMPLEMENT THE PROGRAM TO PROVIDE SUPPORT SERVICES TO KINSHIP 32,918
CAREGIVERS. TO THE EXTENT PERMITTED BY FEDERAL LAW AND THE 32,919
REVISED CODE, THE RULES MAY EXPAND ELIGIBILITY FOR PROGRAMS 32,920
ADMINISTERED BY THE DEPARTMENT IN A MANNER MAKING KINSHIP 32,921
754
CAREGIVERS ELIGIBLE FOR THE PROGRAMS. 32,922
Sec. 4 5101.86. (A) As used in this section, "poverty 32,924
guideline" means the official poverty guideline as revised 32,927
annually by the United States Secretary SECRETARY of Health 32,928
HEALTH and Human Services HUMAN SERVICES in accordance with 32,929
section 673 of the "Community Services Block Grant Act," 95 Stat. 32,931
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 32,934
to the size of the family of the person whose income is being
determined. 32,935
(B) The Department DEPARTMENT of Human Services HUMAN 32,938
SERVICES shall establish the Non-TANF Emergency Assistance 32,940
Program ADULT EMERGENCY ASSISTANCE PROGRAM with funds in 32,941
appropriation line item 400-512, Non-TANF Emergency Assistance 32,942
APPROPRIATED BY THE GENERAL ASSEMBLY. 32,943
Funds appropriated for the Non-TANF Emergency Assistance 32,945
Program PROGRAM shall be used to assist persons age eighteen or 32,949
older who are not eligible for assistance under the Temporary 32,950
Assistance for Needy Families Program authorized by Executive 32,951
Order 96-73V and have incomes not greater than 40 per cent of the 32,954
poverty guideline ELIGIBLE FOR THE PROGRAM with emergency needs, 32,955
including food, clothing, shelter, and other essential goods or 32,957
services. The funds shall be used for direct payments to, or on 32,958
behalf of, eligible persons. A PERSON IS ELIGIBLE FOR THE 32,959
PROGRAM IF THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 32,960
(1) THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE; 32,961
(2) THE PERSON IS NOT A PARENT RESIDING WITH THE PARENT'S 32,963
CHILD; 32,964
(3) THE PERSON DOES NOT HAVE INCOME GREATER THAN FORTY PER 32,966
CENT OF THE POVERTY GUIDELINE, UNLESS THE PERSON IS SIXTY-FIVE 32,967
YEARS OF AGE OR OLDER AND RECEIVING SUPPLEMENTAL SECURITY INCOME 32,969
UNDER TITLE XVI OF THE "SOCIAL SECURITY ACT," 86 STAT. 1475 32,970
(1972), 42 U.S.C.A. 1383, AS AMENDED. 32,971
(C) As soon as possible after the start of EACH fiscal 32,973
years 1998 and 1999 YEAR, the Department DEPARTMENT shall 32,974
755
distribute, in a single payment, the funds appropriated that 32,976
fiscal year for the Non-TANF Emergency Assistance Program PROGRAM 32,978
to the Ohio State Set-Aside Committee STATE SET-ASIDE COMMITTEE 32,980
of the Federal Emergency Management Agency FEDERAL EMERGENCY 32,981
MANAGEMENT AGENCY or to a fiscal agent designated by the 32,983
Committee COMMITTEE. The Committee COMMITTEE shall determine the 32,985
amount of the appropriation to be allocated to each county, and 32,986
the Committee COMMITTEE or its fiscal agent shall distribute the 32,987
allocations to the counties. Each county's allocation shall be 32,989
paid to a nonprofit entity that serves as the county's emergency
food and shelter board or to a fiscal agent designated by the 32,990
entity. If an entity serves as the emergency food and shelter 32,991
board for more than one county, the allocation for each of those 32,992
counties shall be paid to that entity. 32,993
The Committee COMMITTEE may reallocate funds during A 32,996
fiscal years 1998 and 1999 YEAR based on its determination of 32,998
local needs and expenditures.
The Committee COMMITTEE or its fiscal agent may use up to 33,001
three per cent of the fiscal years 1998 and 1999 appropriation 33,002
AMOUNT APPROPRIATED FOR A FISCAL YEAR for administrative 33,003
expenses. The Committee COMMITTEE may allow any county entity 33,005
receiving funds under this section in fiscal years 1998 and 1999, 33,006
the entity's fiscal agent, or an entity designated by the county 33,007
entity to use up to four per cent of the county's allocation for 33,009
administrative expenses.
(D) If any local entity returns unexpended fiscal year 33,011
1998 Non-TANF Emergency Assistance funds FOR THE PROGRAM to the 33,014
State Set-Aside Committee COMMITTEE, the Committee COMMITTEE 33,016
shall return the funds to the department. The department shall 33,017
seek approval from the Controlling Board CONTROLLING BOARD to 33,019
transfer the unexpended funds to increase the THAT fiscal year 33,020
1999 YEAR'S appropriation for Non-TANF Emergency Assistance THE 33,023
PROGRAM. If the Controlling Board CONTROLLING BOARD approves the 33,025
increase, the Department DEPARTMENT shall distribute the 33,026
756
increased appropriation to the Committee COMMITTEE or its fiscal 33,028
agent. The Committee COMMITTEE may allocate, distribute, and 33,029
reallocate the additional funds in the same manner as other 33,030
fiscal year 1999 Non-TANF Emergency Assistance funds APPROPRIATED 33,033
THAT FISCAL YEAR FOR THE PROGRAM.
(E) Each entity receiving funds under this section shall 33,036
report to the Set-Aside Committee COMMITTEE, in the form and 33,038
manner required by the Committee COMMITTEE, information regarding 33,041
the entity's use of the funds. The Committee COMMITTEE shall 33,042
compile the information received from these reports and provide 33,043
it to the Department DEPARTMENT and the General Assembly GENERAL 33,046
ASSEMBLY. The Committee COMMITTEE shall provide the Department 33,048
DEPARTMENT and the General Assembly GENERAL ASSEMBLY with the 33,050
information no later than THE THIRTIETH DAY OF September 30 of 33,051
each fiscal year. 33,052
Sec. 5101.93. (A) There is hereby established a welfare 33,062
oversight council consisting of eight voting members, four of 33,063
whom shall be members of the house of representatives, two 33,064
appointed by the speaker and two appointed by the minority leader 33,065
of the house of representatives, not more than two of whom shall 33,066
be members of the same political party, and four of whom shall be 33,067
members of the senate, two appointed by the president and two 33,068
appointed by the minority leader of the senate, not more than two 33,069
of whom shall be members of the same political party. The 33,070
director of administrative services, the administrator of the 33,071
bureau of employment services, and the director of human services 33,073
shall be ex officio nonvoting members and two representatives of 33,074
the general public appointed by the governor shall be nonvoting 33,075
members of the council. The council may, by a majority vote, add 33,077
other nonvoting members to the council. A vacancy on the council 33,079
shall be filled in the same manner as the original appointment. 33,080
(B) The speaker of the house of representatives shall 33,082
designate the initial chairperson of the welfare oversight 33,083
council and the president of the senate shall designate the 33,084
757
initial vice-chairperson of the council. Thereafter, the 33,085
authority to designate the chairperson and the vice-chairperson 33,086
shall alternate between the speaker of the house and the 33,087
president of the senate. The chairperson and vice-chairperson 33,088
and other members of the council shall serve one-year terms. 33,089
The council shall meet at least four times a year in 33,092
Columbus or other locations selected by the chairperson to 33,093
monitor and review the Ohio works first program established under 33,094
Chapter 5107. of the Revised Code, including sanctions imposed 33,095
under section 5107.16 of the Revised Code; the prevention, 33,096
retention, and contingency program established under Chapter 33,098
5108. of the Revised Code; and the department of human services, 33,099
county departments of human services, child support enforcement 33,100
agencies, and public children services agencies. The council may 33,101
visit the department, county departments, and agencies. 33,102
The chairperson of the council shall determine the agenda 33,105
for each meeting of the council, except that if at least four 33,106
legislative members of the council submit a written request to 33,107
the chairperson to consider an item, the chairperson shall place 33,108
the item on the agenda of the council's next regularly scheduled 33,109
meeting occurring more than ten days after the written request is 33,110
submitted to the chairperson.
(C) The members of the welfare oversight council shall 33,112
serve without compensation but shall be reimbursed for their 33,113
actual and necessary expenses incurred in the discharge of their 33,114
official duties. In the discharge of its duties the council may 33,116
issue subpoenas compelling the attendance of witnesses and the 33,117
production of any records of the department of human services or 33,118
local agencies. The council shall adopt rules to implement this 33,119
section.
(D) The welfare oversight council shall advise the general 33,121
assembly on the performance of the department of human services, 33,123
county departments of human services, child support enforcement 33,124
agencies, and public children services agencies. The council 33,125
758
shall submit recommendations to the general assembly for any 33,126
changes in law that the council considers necessary or 33,127
appropriate. Between lines 9,970a and 9,979, insert: 33,128
Sec. 5104.30. (A) The department of human services is 33,137
hereby designated as the state agency responsible for 33,138
administration and coordination of federal and state funding for 33,139
publicly funded child day-care in this state. Publicly funded 33,140
child day-care shall be provided to the following: 33,141
(1) Recipients of transitional child day-care as provided 33,143
under section 5104.34 of the Revised Code; 33,144
(2) Participants in the Ohio works first program 33,147
established under Chapter 5107. of the Revised Code;
(3) INDIVIDUALS WHO WOULD BE PARTICIPATING IN THE OHIO 33,149
WORKS FIRST PROGRAM IF NOT FOR A SANCTION UNDER SECTION 5107.16 33,150
OF THE REVISED CODE AND WHO CONTINUE TO PARTICIPATE IN A WORK 33,151
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 33,152
PURSUANT TO AN ASSIGNMENT UNDER SECTION 5107.42 OF THE REVISED 33,153
CODE;
(4) A family receiving publicly funded child day-care on 33,155
October 1, 1997, until the family's income reaches one hundred 33,157
fifty per cent of the federal poverty line;
(4)(5) Subject to available funds, other individuals 33,159
determined eligible in accordance with rules adopted under 33,161
section 5104.38 of the Revised Code.
The department shall apply to the United States department 33,164
of health and human services for authority to operate a 33,165
coordinated program for publicly funded child day-care, if the 33,166
director of human services determines that the application is 33,167
necessary. For purposes of this section, the department of human 33,168
services may enter into agreements with other state agencies that 33,169
are involved in regulation or funding of child day-care. The 33,170
department shall consider the special needs of migrant workers 33,171
when it administers and coordinates publicly funded child 33,172
day-care and shall develop appropriate procedures for 33,173
759
accommodating the needs of migrant workers for publicly funded 33,174
child day-care.
(B) The department of human services shall distribute 33,176
state and federal funds for publicly funded child day-care, 33,177
including appropriations of state funds for publicly funded child 33,178
day-care and appropriations of federal funds for publicly funded 33,179
child day-care under Title XX of the "Social Security Act," 88 33,181
Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, and the child 33,182
care block grant act. The department may use any state funds 33,183
appropriated for publicly funded child day-care as the state 33,184
share required to match any federal funds appropriated for 33,185
publicly funded child day-care.
(C) The department may use federal funds available under 33,187
the child care block grant act to hire staff to prepare any rules 33,188
required under this chapter and to administer and coordinate 33,189
federal and state funding for publicly funded child day-care. 33,190
Not more than five per cent of the aggregate amount of 33,193
those federal funds received for a fiscal year may be expended 33,194
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 33,195
(1) Activities designed to provide comprehensive consumer 33,197
education to parents and the public; 33,198
(2) Activities that increase parental choice; 33,200
(3) Activities, including child day-care resource and 33,202
referral services, designed to improve the quality, and increase 33,203
the supply, of child day-care.
(D) The department shall ensure that any federal funds 33,205
received by the state under the child care block grant act will 33,206
be used only to supplement, and will not be used to supplant, 33,207
federal, state, and local funds available on the effective date 33,208
of that act for publicly funded child day-care and related 33,209
programs. A county department of human services may purchase 33,210
child day-care from funds obtained through any other means. 33,211
(E) The department shall encourage the development of 33,213
760
suitable child day-care throughout the state, especially in areas 33,214
with high concentrations of recipients of public assistance and 33,215
families with low incomes. The department shall encourage the 33,217
development of suitable child day-care designed to accommodate 33,218
the special needs of migrant workers. On request, the 33,219
department, through its employees or contracts with state or
community child day-care resource and referral service 33,220
organizations, shall provide consultation to groups and 33,221
individuals interested in developing child day-care. The 33,222
department of human services may enter into interagency 33,223
agreements with the department of education, the board of 33,224
regents, the department of development, and other state agencies 33,225
and entities whenever the cooperative efforts of the other state 33,226
agencies and entities are necessary for the department of human 33,227
services to fulfill its duties and responsibilities under this 33,228
chapter. 33,229
The department may develop and maintain a registry of 33,231
persons providing child day-care and may adopt rules pursuant to 33,232
Chapter 119. of the Revised Code establishing procedures and 33,234
requirements for its administration.
(F) The department shall adopt rules in accordance with 33,236
Chapter 119. of the Revised Code establishing a procedure for 33,237
determining rates of reimbursement and a procedure for paying 33,238
providers of publicly funded child day-care. In establishing 33,239
rates of reimbursement pursuant to this division, the department 33,240
shall use the information obtained under division (B)(3) of 33,241
section 5104.04 of the Revised Code and may establish different 33,242
rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special 33,243
needs of the child, whether expanded hours of service are 33,244
provided, whether weekend service is provided, whether the 33,245
provider has exceeded the minimum requirements of state statutes 33,246
and rules governing child day-care, and any other factors the 33,247
department considers appropriate. The department shall establish 33,248
761
an enhanced rate of reimbursement for providers who provide child 33,249
day-care for caretaker parents who work nontraditional hours.
FOR A TYPE B FAMILY DAY-CARE HOME THAT HAS RECEIVED LIMITED 33,251
CERTIFICATION PURSUANT TO RULES ADOPTED UNDER DIVISION (G)(1) OF 33,252
SECTION 5104.011 OF THE REVISED CODE, THE DEPARTMENT SHALL ADOPT 33,254
RULES ESTABLISHING A REIMBURSEMENT RATE THAT IS THE GREATER OF
THE RATE THAT WAS IN EFFECT FOR THE HOME ON OCTOBER 1, 1997, OR 33,255
SEVENTY-FIVE PER CENT OF THE REIMBURSEMENT RATE THAT APPLIES TO A 33,258
TYPE B FAMILY DAY-CARE HOME CERTIFIED BY THE SAME COUNTY 33,259
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5104.11 OF THE 33,260
REVISED CODE.
Sec. 5104.32. (A) Except as provided in division (C) of 33,270
this section, all purchases of publicly funded child day-care 33,271
shall be made under a contract entered into by a licensed child 33,272
day-care center, licensed type A family day-care home, certified 33,273
type B family day-care home, certified in-home aide, approved 33,274
child day camp, licensed preschool program, or licensed school 33,275
child program and the county department of human services. A 33,276
county department of human services may enter into a contract 33,277
with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an 33,278
unspecified period of time. All contracts for publicly funded 33,279
child day-care shall be contingent upon the availability of state 33,280
and federal funds. The department of human services shall 33,281
prescribe a standard form to be used for all contracts for the 33,282
purchase of publicly funded child day-care, regardless of the 33,283
source of public funds used to purchase the child day-care. To 33,284
the extent permitted by federal law and notwithstanding any other 33,285
provision of the Revised Code that regulates state or county 33,286
contracts or contracts involving the expenditure of state, 33,287
county, or federal funds, all contracts for publicly funded child 33,288
day-care shall be entered into in accordance with the provisions 33,289
of this chapter and are exempt from any other provision of the 33,290
Revised Code that regulates state or county contracts or 33,291
762
contracts involving the expenditure of state, county, or federal 33,292
funds. 33,293
(B) Each contract for publicly funded child day-care shall 33,295
specify at least the following: 33,296
(1) Except as provided in division (B)(2) of this section, 33,299
that the provider of publicly funded child day-care agrees to be 33,300
paid for rendering services at the lower of the rate customarily 33,301
charged by the provider for children enrolled for child day-care 33,302
or the rate of reimbursement established pursuant to section 33,303
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 33,305
day-care to caretaker parents who work nontraditional hours, that 33,306
the provider is to be paid for rendering services to those 33,307
caretaker parents at the rate of reimbursement established 33,308
pursuant to section 5104.30 of the Revised Code regardless of 33,310
whether that rate is higher than the rate the provider 33,311
customarily charges for children enrolled for child day-care; 33,312
(3) That, if a provider provides child day-care to an 33,314
individual potentially eligible for publicly funded child 33,315
day-care who is subsequently determined to be eligible, the 33,316
county department agrees to pay for all child day-care provided 33,317
between the date the county department receives the individual's 33,318
completed application and the date the individual's eligibility 33,319
is determined; 33,320
(4) Whether the county department of human services, the 33,322
provider, or a child day-care resource and referral service 33,323
organization will make eligibility determinations, whether the 33,324
provider or a child day-care resource and referral service 33,325
organization will be required to collect information to be used 33,326
by the county department to make eligibility determinations, and 33,327
the time period within which the provider or child day-care 33,328
resource and referral service organization is required to 33,329
complete required eligibility determinations or to transmit to 33,330
the county department any information collected for the purpose 33,331
763
of making eligibility determinations; 33,332
(5) That the provider shall continue to be licensed, 33,334
approved, or certified pursuant to this chapter or sections 33,335
3301.52 to 3301.59 of the Revised Code and shall comply with all 33,336
standards and other requirements in this chapter and those 33,337
sections and in rules adopted pursuant to this chapter or those 33,338
sections for maintaining the provider's license, approval, or 33,339
certification; 33,340
(6) Whether the provider will be paid by the county 33,342
department of human services or the state department of human 33,343
services; 33,344
(7) That the contract is subject to the availability of 33,346
state and federal funds; 33,347
(8) THAT, FOR EACH SIX-MONTH PERIOD THE PROVIDER PROVIDES 33,349
PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD, THE PROVIDER WILL BE 33,350
PAID FOR UP TO TEN DAYS, OR, AT THE OPTION OF THE COUNTY 33,351
DEPARTMENT, A GREATER NUMBER OF DAYS, THE PROVIDER WOULD HAVE 33,352
PROVIDED THE CHILD PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD 33,353
BEEN PRESENT.
(C) Unless specifically prohibited by federal law, the 33,355
county department of human services shall give individuals 33,356
eligible for publicly funded child day-care the option of 33,357
obtaining certificates for payment that the individual may use to 33,358
purchase services from any provider qualified to provide publicly 33,359
funded child day-care under section 5104.31 of the Revised Code. 33,360
Providers of publicly funded child day-care may present these 33,361
certificates for payment for reimbursement in accordance with 33,362
rules that the department of human services shall adopt. Only 33,363
providers may receive reimbursement for certificates for payment. 33,364
The value of the certificate for payment shall be based on the 33,365
lower of the rate customarily charged by the provider or the rate 33,367
of reimbursement established pursuant to section 5104.30 of the 33,368
Revised Code, unless the provider provides publicly funded child 33,369
day-care to caretaker parents who work nontraditional hours, in 33,370
764
which case the value of the certificate for payment for the 33,371
services to those caretaker parents shall be based on the rate of 33,372
reimbursement established pursuant to that section regardless of 33,373
whether that rate is higher than the rate customarily charged by 33,374
the provider. The county department may provide the certificates 33,376
for payment to the individuals or may contract with child 33,377
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 33,378
publicly funded child day-care pursuant to contracts entered into 33,379
under section 5104.34 of the Revised Code for the providers or 33,380
resource and referral service organizations to provide the 33,381
certificates for payment to individuals whom they determine are 33,382
eligible for publicly funded child day-care. 33,383
FOR EACH SIX-MONTH PERIOD A PROVIDER OF PUBLICLY FUNDED 33,385
CHILD DAY-CARE PROVIDES PUBLICLY FUNDED CHILD DAY-CARE TO THE 33,386
CHILD OF AN INDIVIDUAL GIVEN CERTIFICATES OF PAYMENT, THE 33,387
INDIVIDUAL SHALL PROVIDE THE PROVIDER CERTIFICATES FOR DAYS THE 33,388
PROVIDER WOULD HAVE PROVIDED PUBLICLY FUNDED CHILD DAY-CARE TO 33,389
THE CHILD HAD THE CHILD BEEN PRESENT. COUNTY DEPARTMENTS SHALL 33,390
SPECIFY THE MAXIMUM NUMBER OF DAYS PROVIDERS WILL BE PROVIDED 33,391
CERTIFICATES OF PAYMENT FOR DAYS THE PROVIDER WOULD HAVE PROVIDED 33,392
PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD BEEN PRESENT. THE
MAXIMUM NUMBER OF DAYS SHALL BE AT LEAST TEN. 33,393
Sec. 5104.34. (A)(1) Each county department of human 33,402
services shall implement procedures for making determinations of 33,403
eligibility for publicly funded child day-care. Under those 33,404
procedures, the eligibility determination for each applicant 33,405
shall be made no later than thirty calendar days from the date 33,406
the county department receives a completed application for 33,407
publicly funded child day-care. Each applicant shall be notified 33,408
promptly of the results of the eligibility determination. An 33,409
applicant aggrieved by a decision or delay in making an 33,410
eligibility determination may appeal the decision or delay to the 33,411
department of human services in accordance with section 5101.35 33,412
765
of the Revised Code. The due process rights of applicants shall 33,413
be protected. 33,414
To the extent permitted by federal law, the county 33,416
department may make all determinations of eligibility for 33,417
publicly funded child day-care, may contract with child day-care 33,418
providers or child day-care resource and referral service 33,419
organizations for the providers or resource and referral service 33,420
organizations to make all or any part of the determinations, and 33,421
may contract with child day-care providers or child day-care 33,422
resource and referral service organizations for the providers or 33,423
resource and referral service organizations to collect specified 33,424
information for use by the county department in making 33,425
determinations. If a county department contracts with a child 33,426
day-care provider or a child day-care resource and referral 33,427
service organization for eligibility determinations or for the 33,428
collection of information, the contract shall require the 33,429
provider or resource and referral service organization to make 33,430
each eligibility determination no later than thirty calendar days 33,431
from the date the provider or resource and referral organization 33,432
receives a completed application that is the basis of the 33,433
determination and to collect and transmit all necessary 33,434
information to the county department within a period of time that 33,435
enables the county department to make each eligibility 33,436
determination no later than thirty days after the filing of the 33,437
application that is the basis of the determination. 33,438
The county department may station employees of the 33,440
department in various locations throughout the county and may 33,441
assign employees of the department to hours of employment outside 33,442
the normal working hours of the department to collect information 33,443
relevant to applications for publicly funded child day-care and 33,444
to make eligibility determinations. The county department, child 33,445
day-care provider, and child day-care resource and referral 33,446
service organization shall make each determination of eligibility 33,447
for publicly funded child day-care no later than thirty days 33,448
766
after the filing of the application that is the basis of the 33,449
determination, shall make each determination in accordance with 33,450
any relevant rules adopted pursuant to section 5104.38 of the 33,451
Revised Code, and shall notify promptly each applicant for 33,452
publicly funded child day-care of the results of the 33,453
determination of the applicant's eligibility. 33,454
On or before October 1, 1991, the department of human 33,456
services shall adopt rules in accordance with Chapter 119. of the 33,457
Revised Code for monitoring the eligibility determination 33,458
process. In accordance with those rules, the state department 33,459
shall monitor eligibility determinations made by county 33,460
departments of human services and shall direct any entity that is 33,461
not in compliance with this division or any rule adopted under 33,462
this division to implement corrective action specified by the 33,463
department. 33,464
(2) All eligibility determinations for publicly funded 33,467
child day-care shall be made in accordance with rules adopted by 33,468
the department of human services pursuant to division (A) of 33,469
section 5104.38 of the Revised Code and, if a county department 33,471
of human services specifies, pursuant to rules adopted under 33,472
division (B) of that section, a maximum amount of income a family 33,474
may have to be eligible for publicly funded child day-care, the 33,475
income maximum specified by the county department. Publicly 33,476
funded child day-care may be provided only to eligible infants, 33,477
toddlers, preschool children, and school children under age 33,478
thirteen. For an applicant to be eligible for publicly funded 33,479
child day-care, the caretaker parent must be employed or 33,480
participating in a program of education or training for an amount 33,481
of time reasonably related to the time that the parent's children 33,482
are receiving publicly funded child day-care. This restriction 33,483
does not apply to families whose children are eligible for
protective or special needs day-care. 33,484
Subject to available funds, a county department of human 33,486
services shall allow a family to receive publicly funded child 33,488
767
day-care unless the family's income exceeds the maximum income 33,491
eligibility limit. Initial and continued eligibility for 33,492
publicly funded child day-care is subject to available funds 33,493
unless the family is receiving transitional child day-care as 33,495
provided under this section, participating in the Ohio works 33,496
first program established under Chapter 5107. of the Revised 33,497
Code, or was receiving publicly funded child day-care on October 33,499
1, 1997, and has a family income below one hundred fifty per cent 33,500
of the federal poverty line PURSUANT TO DIVISION (A)(1), (2), 33,501
(3), OR (4) OF SECTION 5104.30 OF THE REVISED CODE. If the 33,502
department must limit eligibility due to lack of available funds, 33,504
it shall give first priority for publicly funded child day-care 33,505
to an assistance group whose income is not more than the maximum 33,506
income eligibility limit that received transitional child 33,508
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 33,509
shall continue to receive priority for publicly funded child 33,510
day-care until its income exceeds the maximum income eligibility 33,512
limit.
(3) An assistance group that ceases to participate in the 33,514
Ohio works first program established under Chapter 5107. of the 33,516
Revised Code is eligible for transitional child day-care at any 33,518
time during the immediately following twelve-month period that 33,519
both of the following apply:
(a) The assistance group requires child day-care due to 33,521
employment; 33,522
(b) The assistance group's income is not more than one 33,524
hundred fifty per cent of the federal poverty line. 33,525
An assistance group ineligible to participate in the Ohio 33,527
works first program pursuant to section 5101.83 or section 33,528
5107.16 of the Revised Code is not eligible for transitional 33,531
child day-care. 33,532
(B) To the extent permitted by federal law, a county 33,534
department of human services may require a caretaker parent 33,535
768
determined to be eligible for publicly funded child day-care to 33,536
pay a fee according to the schedule of fees established in rules 33,537
adopted under section 5104.38 of the Revised Code. Each county 33,538
department shall make protective day-care services available to 33,539
children without regard to the income or assets of the caretaker 33,540
parent of the child. 33,541
(C) A caretaker parent receiving publicly funded child 33,543
day-care shall report to the entity that determined eligibility 33,545
any changes in status with respect to employment or participation 33,546
in a program of education or training.
(D) If a county department of human services determines 33,548
that available resources are not sufficient to provide publicly 33,549
funded child day-care to all eligible families who request it, 33,550
the county department may establish a waiting list. A county 33,551
department may establish separate waiting lists within the 33,552
waiting list based on income. When resources become available to 33,554
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 33,555
assess the needs of the next family scheduled to receive publicly 33,557
funded child day-care. If the assessment demonstrates that the 33,558
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 33,559
family. If the county department determines that the family is 33,560
no longer eligible or no longer needs publicly funded child 33,561
day-care, the county department shall remove the family from the 33,562
waiting list.
(E) As used in this section, "maximum income eligibility 33,565
limit" means the amount of income specified in rules adopted 33,566
under division (A) of section 5104.38 of the Revised Code or, if 33,569
a county department of human services specifies a higher amount 33,570
pursuant to rules adopted under division (B) of that section, the 33,572
amount the county department specifies.
Sec. 5104.341. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 33,575
THIS SECTION, BOTH OF THE FOLLOWING APPLY: 33,576
769
(1) AN ELIGIBILITY DETERMINATION MADE UNDER SECTION 33,578
5104.34 OF THE REVISED CODE FOR PUBLICLY FUNDED CHILD DAY-CARE IS 33,579
VALID FOR ONE YEAR; 33,580
(2) A FEE CHARGED UNDER DIVISION (B) OF SECTION 5104.34 OF 33,582
THE REVISED CODE SHALL NOT BE CHANGED DURING THE ONE-YEAR PERIOD, 33,584
UNLESS A CARETAKER PARENT REQUESTS THAT THE FEE BE REDUCED DUE TO 33,585
CHANGES IN INCOME, FAMILY SIZE, OR BOTH AND THE COUNTY DEPARTMENT 33,586
OF HUMAN SERVICES APPROVES THE REDUCTION.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY IN EITHER 33,589
OF THE FOLLOWING CIRCUMSTANCES: 33,590
(1) THE PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED UNDER 33,592
DIVISION (B)(4) OF SECTION 5104.35 OF THE REVISED CODE; 33,593
(2) THE RECIPIENT OF THE PUBLICLY FUNDED CHILD DAY-CARE 33,595
CEASES TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE. 33,596
Sec. 5104.38. In addition to any other rules adopted under 33,605
this chapter, the department of human services shall adopt rules 33,606
in accordance with Chapter 119. of the Revised Code governing 33,608
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 33,609
(A) Procedures and criteria to be used in making 33,611
determinations of eligibility for publicly funded child day-care 33,612
that give priority to children of families with lower incomes and 33,614
procedures and criteria for eligibility for publicly funded 33,615
protective day-care. The rules shall specify the maximum amount 33,616
of income a family may have for initial and continued 33,617
eligibility. The UNTIL JULY 1, 2000, THE maximum amount shall 33,619
not exceed one hundred eighty-five per cent of the federal 33,620
poverty line. EFFECTIVE JULY 1, 2000, THE MAXIMUM AMOUNT SHALL 33,621
NOT EXCEED TWO HUNDRED PER CENT OF THE FEDERAL POVERTY LINE.
(B) Procedures under which a county department of human 33,623
services may, if the department, under division (A) of this 33,625
section, specifies a maximum amount of income a family may have 33,626
for eligibility for publicly funded child day-care that is less 33,627
than one hundred eighty-five per cent of the federal poverty line 33,628
770
THE MAXIMUM AMOUNT SPECIFIED IN THAT DIVISION, specify a maximum 33,629
amount of income a family residing in the county the county 33,630
department serves may have for initial and continued eligibility 33,631
for publicly funded child day-care that is higher than the amount 33,632
specified by the department but does not exceed one hundred 33,633
eighty-five per cent of the federal poverty line THE MAXIMUM
AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION; 33,634
(C) A schedule of fees requiring all eligible caretaker 33,637
parents to pay a fee for publicly funded child day-care according 33,638
to income and family size, which shall be uniform for all types 33,639
of publicly funded child day-care, except as authorized by rule, 33,640
and, to the extent permitted by federal law, shall permit the use 33,642
of state and federal funds to pay the customary deposits and 33,643
other advance payments that a provider charges all children who 33,644
receive child day-care from that provider;. THE SCHEDULE OF FEES 33,645
MAY NOT PROVIDE FOR A CARETAKER PARENT TO PAY A FEE THAT EXCEEDS 33,646
TEN PER CENT OF THE PARENT'S FAMILY INCOME. 33,647
(D) A formula based upon a percentage of the county's 33,649
total expenditures for publicly funded child day-care for 33,650
determining the maximum amount of state and federal funds 33,651
appropriated for publicly funded child day-care that a county 33,652
department may use for administrative purposes; 33,653
(E) Procedures to be followed by the department and county 33,655
departments in recruiting individuals and groups to become 33,656
providers of child day-care; 33,657
(F) Procedures to be followed in establishing state or 33,659
local programs designed to assist individuals who are eligible 33,660
for publicly funded child day-care in identifying the resources 33,661
available to them and to refer the individuals to appropriate 33,662
sources to obtain child day-care; 33,663
(G) Procedures to deal with fraud and abuse committed by 33,665
either recipients or providers of publicly funded child day-care; 33,666
(H) Procedures for establishing a child day-care grant or 33,668
loan program in accordance with the child care block grant act; 33,669
771
(I) Standards and procedures for applicants to apply for 33,671
grants and loans, and for the department to make grants and 33,672
loans; 33,673
(J) A definition of "person who stands in loco parentis" 33,675
for the purposes of division (HH)(1) of section 5104.01 of the 33,677
Revised Code;
(K) PROCEDURES FOR A COUNTY DEPARTMENT OF HUMAN SERVICES 33,680
TO FOLLOW IN MAKING ELIGIBILITY DETERMINATIONS AND 33,681
REDETERMINATIONS FOR PUBLICLY FUNDED CHILD DAY-CARE AVAILABLE 33,682
THROUGH TELEPHONE, COMPUTER, AND OTHER MEANS AT LOCATIONS OTHER 33,683
THAN THE COUNTY DEPARTMENT;
(L) Any other rules necessary to carry out sections 33,685
5104.30 to 5104.39 of the Revised Code. 33,686
Sec. 5107.02. As used in this chapter: 33,696
(A) "Adult" means an individual who is not a minor child. 33,698
(B) "Assistance group" means a group of individuals 33,700
treated as a unit for purposes of determining eligibility for and 33,701
the amount of assistance provided under Ohio works first. 33,702
(C) "CUSTODIAN" MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTODY, 33,704
AS DEFINED IN SECTION 2151.011 OF THE REVISED CODE, OF A MINOR 33,705
CHILD OR COMPARABLE STATUS OVER A MINOR CHILD CREATED BY A COURT 33,707
OF COMPETENT JURISDICTION IN ANOTHER STATE. 33,708
(D) "GUARDIAN" MEANS AN INDIVIDUAL THAT IS GRANTED 33,710
AUTHORITY BY A PROBATE COURT PURSUANT TO CHAPTER 2111. OF THE 33,711
REVISED CODE, OR A COURT OF COMPETENT JURISDICTION IN ANOTHER 33,712
STATE, TO EXERCISE PARENTAL RIGHTS OVER A MINOR CHILD TO THE 33,713
EXTENT PROVIDED IN THE COURT'S ORDER AND SUBJECT TO RESIDUAL 33,714
PARENTAL RIGHTS OF THE MINOR CHILD'S PARENTS.
(E) "Minor child" means either of the following: 33,716
(1) An individual who has not attained age eighteen; 33,718
(2) An individual who has not attained age nineteen and is 33,721
a full-time student in a secondary school or in the equivalent 33,722
level of vocational or technical training.
(D)(F) "Minor head of household" means a minor child who 33,724
772
is a parent of a child included in the same assistance group that 33,725
does not include an adult. 33,726
(E)(G) "Ohio works first" means the program established by 33,728
this chapter known as temporary assistance for needy families in 33,729
Title IV-A. 33,730
(F)(H) "Payment standard" means the amount specified in 33,732
rules adopted under section 5107.05 of the Revised Code that is 33,734
the maximum amount of cash assistance an assistance group may 33,736
receive under Ohio works first from state and federal funds. 33,737
(G)(I) "Specified relative" means the following 33,739
individuals who are age eighteen or older: 33,740
(1) The following individuals related by blood or 33,742
adoption: 33,743
(a) Grandparents, including grandparents with the prefix 33,746
"great," "great-great," or "great-great-great;";
(b) Siblings; 33,748
(c) Aunts, uncles, nephews, and nieces, including such 33,751
relatives with the prefix "great," "great-great.," "grand," or 33,753
"great-grand;";
(d) First cousins and first cousins once removed. 33,756
(2) Stepparents and stepsiblings; 33,758
(3) Spouses and former spouses of individuals named in 33,761
division (G)(I)(1) or (2) of this section. 33,762
(H)(J) "Title IV-A" or "Title IV-D" mean MEANS Title IV-A 33,765
or Title IV-D of the "Social Security Act," 49 Stat. 620 (1935), 33,767
42 U.S.C. 301, as amended. 33,768
Sec. 5107.05. The department of human services shall adopt 33,778
rules to implement this chapter. The rules shall be consistent 33,779
with Title IV-A, Title IV-D, federal regulations, state law, the 33,780
Title IV-A state plan submitted to the United States secretary of 33,782
health and human services under section 5101.80 of the Revised 33,784
Code, amendments to the plan, and waivers granted by the United 33,786
States secretary. Rules governing eligibility, program 33,787
participation, and other applicant and participant requirements 33,788
773
shall be adopted in accordance with Chapter 119. of the Revised 33,790
Code. Rules governing financial and other administrative 33,791
requirements applicable to the department and county departments 33,792
of human services shall be adopted in accordance with section 33,793
111.15 of the Revised Code. 33,794
(A) The rules shall specify, establish, or govern all of 33,796
the following: 33,797
(1) A payment standard for Ohio works first based on 33,799
federal and state appropriations; 33,800
(2) The method of determining the amount of cash 33,802
assistance an assistance group receives under Ohio works first; 33,803
(3) Requirements for initial and continued eligibility for 33,806
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 33,807
The rules regarding income shall ESTABLISH A GROSS INCOME 33,808
STANDARD AND specify what is countable income, gross earned 33,810
income, and gross unearned income for the purpose of section 33,811
5107.10 of the Revised Code.
(4) For the purpose of section 5107.12 of the Revised 33,814
Code, application and verification procedures, including the 33,815
minimum information an application must contain;. IF THERE ARE 33,816
AT LEAST TWO TELEPHONE NUMBERS AVAILABLE THAT A COUNTY DEPARTMENT 33,817
OF HUMAN SERVICES CAN CALL TO CONTACT MEMBERS OF AN ASSISTANCE 33,818
GROUP, WHICH MAY INCLUDE THE TELEPHONE NUMBER OF AN INDIVIDUAL 33,819
WHO CAN CONTACT AN ASSISTANCE GROUP MEMBER FOR THE COUNTY 33,820
DEPARTMENT, THE MINIMUM INFORMATION SHALL INCLUDE AT LEAST THOSE 33,822
TWO TELEPHONE NUMBERS.
(5) The extent to which a participant of Ohio works first 33,824
must notify, pursuant to section 5107.12 of the Revised Code, a 33,826
county department of human services of additional income not 33,827
previously reported to the county department; 33,828
(6) Requirements for the collection and distribution of 33,830
support payments owed participants of Ohio works first pursuant 33,831
to section 5107.20 of the Revised Code; 33,833
774
(7) For the purpose of section 5107.22 of the Revised 33,836
Code, what constitutes cooperating in establishing a minor 33,837
child's paternity or establishing, modifying, or enforcing a 33,838
child support order and good cause for failure or refusal to 33,839
cooperate. The rule shall be consistent with 42 U.S.C.A. 33,840
654(29). 33,841
(8) The administration of the LEAP program provided for 33,843
under section 5107.30 of the Revised Code; 33,844
(9) Circumstances under which a county department of human 33,846
services may exempt a minor head of household or adult from 33,847
participating in a work activity or developmental activity for 33,848
all or some of the weekly hours otherwise required by section 33,849
5107.43 of the Revised Code. Circumstances shall include that a 33,850
school or place of work is closed due to a holiday or weather or 33,852
other emergency and that an employer grants the minor head of 33,853
household or adult leave for illness or earned vacation.
(10) The maximum amount of time the department will 33,855
subsidize positions created by state agencies and political 33,856
subdivisions under division (C) of section 5107.52 of the Revised 33,858
Code.
(B) The rules may provide that a county department of 33,861
human services is not required to take action under section 33,862
5107.76 of the Revised Code to recover an erroneous payment that 33,864
is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section: 33,873
(1) "Countable income," "gross earned income," and "gross 33,875
unearned income" have the meanings established in rules adopted 33,876
under section 5107.05 of the Revised Code. 33,877
(2) "Gross income" means gross earned income and gross 33,879
unearned income. 33,880
(3) "GROSS INCOME STANDARD" MEANS THE GROSS INCOME 33,883
STANDARD ESTABLISHED BY RULES ADOPTED UNDER SECTION 5107.05 OF 33,884
THE REVISED CODE.
(4) "Strike" means continuous concerted action in failing 33,886
775
to report to duty; willful absence from one's position; or 33,887
stoppage of work in whole from the full, faithful, and proper 33,888
performance of the duties of employment, for the purpose of 33,889
inducing, influencing, or coercing a change in wages, hours, 33,890
terms, and other conditions of employment. "Strike" does not 33,891
include a stoppage of work by employees in good faith because of 33,892
dangerous or unhealthful working conditions at the place of 33,893
employment that are abnormal to the place of employment. 33,894
(B) Under the Ohio works first program, an assistance 33,896
group shall receive, except as otherwise provided by this 33,898
chapter, time-limited cash assistance. In the case of an 33,899
assistance group that includes a minor head of household or 33,900
adult, assistance shall be provided in accordance with the 33,901
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 33,904
assistance group must meet all of the following requirements: 33,905
(1) The assistance group, except as provided in division 33,907
(E) of this section, must include at least one of the following: 33,909
(a) A minor child who, except as provided in section 33,911
5107.24 of the Revised Code, resides with a custodial parent, 33,913
legal guardian, or specified relative caring for the child, OR, 33,914
TO THE EXTENT PERMITTED BY TITLE IV-A, AS DEFINED IN SECTION 33,915
5107.02 OF THE REVISED CODE, AND FEDERAL REGULATIONS ADOPTED 33,918
UNDER TITLE IV-A, RESIDES WITH A GUARDIAN OR CUSTODIAN CARING FOR 33,920
THE CHILD;
(b) A PARENT OR specified relative of a minor child 33,922
receiving supplemental security income under Title XIV of the 33,924
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 33,926
amended, or federal, state, or local foster care or adoption
assistance who resides with and cares for the minor child; 33,927
(c) A woman at least six months pregnant. 33,929
(2) The assistance group must meet the income requirements 33,932
established by division (D) of this section. 33,933
776
(3) No member of the assistance group may be involved in a 33,935
strike.
(4) The assistance group must satisfy the requirements for 33,938
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 33,940
(5) The assistance group must meet requirements for Ohio 33,942
works first established by rules adopted under section 5107.05 of 33,944
the Revised Code. 33,945
(D)(1) Except as provided in division (D)(3) of this 33,947
section, to determine whether an assistance group is initially 33,948
eligible to participate in Ohio works first, a county department 33,950
of human services shall do the following:
(a) Determine whether the assistance group's gross income 33,953
exceeds the following amount: Size of Assistance Group Gross Income 33,956
1 $423 33,958
2 $537 33,959
3 $630 33,960
4 $750 33,961
5 $858 33,962
6 $942 33,963
7 $1,038 33,964
8 $1,139 33,965
9 $1,241 33,966
10 $1,343 33,967
11 $1,440 33,968
12 $1,542 33,969
13 $1,643 33,970
14 $1,742 33,971
15 $1,844 33,972
For each person in the assistance group that brings the 33,975
assistance group to more than fifteen persons, add one hundred 33,976
two dollars to the amount of gross income for an assistance group 33,978
of fifteen specified in division (D)(1)(a) of this section GROSS 33,979
777
INCOME STANDARD. IN
In making this determination, the county department shall 33,982
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 33,984
disregarded. The assistance group is ineligible to participate 33,985
in Ohio works first if the assistance group's gross income, less 33,986
the amounts disregarded, exceeds the amount specified in division 33,987
(D)(1)(a) of this section GROSS INCOME STANDARD. 33,988
(b) If the assistance group's gross income, less the 33,991
amounts disregarded pursuant to division (D)(1)(a) of this 33,993
section, does not exceed the amount specified in that division
GROSS INCOME STANDARD, determine whether the assistance group's 33,996
countable income is less than the payment standard. The
assistance group is ineligible to participate in Ohio works first 33,998
if the assistance group's countable income equals or exceeds the 34,000
payment standard.
(2) To determine whether an assistance group participating 34,003
in Ohio works first continues to be eligible to participate, a 34,004
county department of human services shall determine whether the 34,005
assistance group's countable income continues to be less than the 34,006
payment standard. In making this determination, the county 34,007
department shall disregard the first two hundred fifty dollars 34,008
and fifty per cent of the remainder of the assistance group's 34,009
gross earned income for the first eighteen months after the first 34,010
month the assistance group receives gross earned income while 34,011
participating in Ohio works first. No amounts shall be 34,012
disregarded from the assistance group's gross unearned income. 34,013
The assistance group ceases to be eligible to participate in Ohio 34,014
works first if its countable income, less the amounts 34,015
disregarded, equals or exceeds the payment standard. 34,016
(3) If an assistance group reapplies to participate in 34,018
Ohio works first not more than four months after ceasing to 34,019
participate, a county department of human services shall use the 34,021
income requirement established by division (D)(2) of this section 34,022
778
to determine eligibility for resumed participation rather than 34,023
the income requirement established by division (D)(1) of this 34,025
section.
(E)(1) An assistance group may continue to participate in 34,027
Ohio works first even though a public children services agency 34,028
removes the assistance group's minor children from the assistance 34,030
group's home due to abuse, neglect, or dependency if the agency 34,031
does both of the following:
(a) Notifies the county department of human services at 34,034
the time the agency removes the children that it believes the 34,035
children will be able to return to the assistance group within 34,036
three SIX months;
(b) Informs the county department at the end of both EACH 34,039
of the first two FIVE months after the agency removes the 34,040
children that the parent, legal guardian, CUSTODIAN, or specified 34,042
relative of the children is cooperating with the case plans 34,044
prepared for the children under section 2151.412 of the Revised 34,045
Code and that the agency is making reasonable efforts to return 34,047
the children to the assistance group.
(2) An assistance group may continue to participate in 34,049
Ohio works first pursuant to division (E)(1) of this section for 34,051
not more than three SIX payment months. This division does not 34,052
affect the eligibility of an assistance group that includes a 34,054
woman at least six months pregnant. 34,055
Sec. 5107.11. (A) A SPECIFIED RELATIVE OF A MINOR CHILD 34,057
RESIDING WITH THE MINOR CHILD IS NOT REQUIRED TO BE INCLUDED IN 34,059
THE MINOR CHILD'S ASSISTANCE GROUP. TO THE EXTENT PERMITTED BY 34,060
RULES ADOPTED UNDER SECTION 5107.05 OF THE REVISED CODE GOVERNING 34,061
ASSISTANCE GROUP COMPOSITION REQUIREMENTS AND EXCEPT AS PROVIDED 34,062
IN DIVISION (B) OF THIS SECTION, THE SPECIFIED RELATIVE MAY 34,063
CHOOSE TO BE INCLUDED IN THE MINOR CHILD'S ASSISTANCE GROUP. 34,065
(B) IF A SPECIFIED RELATIVE RESIDES WITH THE SPECIFIED 34,067
RELATIVE'S OWN MINOR CHILD AND ANOTHER MINOR CHILD WHO IS RELATED 34,068
TO THE SPECIFIED RELATIVE IN A MANNER THAT MAKES THE SPECIFIED 34,069
779
RELATIVE A SPECIFIED RELATIVE, THE SPECIFIED RELATIVE SHALL BE, 34,070
TO THE EXTENT PROVIDED BY RULES ADOPTED UNDER SECTION 5107.05 OF 34,071
THE REVISED CODE GOVERNING ASSISTANCE GROUP COMPOSITION 34,072
REQUIREMENTS, A MEMBER OF THE ASSISTANCE GROUP OF THE SPECIFIED 34,074
RELATIVE'S OWN MINOR CHILD BUT MAY NOT BE A MEMBER OF THE OTHER
MINOR CHILD'S ASSISTANCE GROUP. 34,075
(C) A GUARDIAN OR CUSTODIAN MAY NOT BE A MEMBER OF THE 34,077
ASSISTANCE GROUP OF THE MINOR CHILD FOR WHOM THE GUARDIAN OR 34,078
CUSTODIAN IS GUARDIAN OR CUSTODIAN, UNLESS THE GUARDIAN OR 34,079
CUSTODIAN IS A SPECIFIED RELATIVE OF THE MINOR CHILD. 34,080
Sec. 5107.16. (A) If a member of an assistance group 34,090
fails or refuses, without good cause, to comply in full with a 34,091
provision of a self-sufficiency contract entered into under 34,092
section 5107.14 of the Revised Code, a county department OF HUMAN 34,093
SERVICES shall sanction the assistance group as follows: 34,094
(1) For a first failure or refusal, the county department 34,096
shall deny or terminate the assistance group's eligibility to 34,097
participate in Ohio works first for one payment month or until 34,098
the failure or refusal ceases, whichever is longer; 34,099
(2) For a second failure or refusal, the county department 34,102
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until 34,104
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 34,106
county department shall deny or terminate the assistance group's 34,107
eligibility to participate in Ohio works first for six payment 34,108
months or until the failure or refusal ceases, whichever is 34,109
longer. 34,110
(B) Each county department of human services shall 34,113
establish standards for the determination of good cause for 34,114
failure or refusal to comply in full with a provision of a 34,115
self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 34,117
a work activity, developmental activity, or alternative work 34,118
780
activity under sections 5107.40 to 5107.69 of the Revised Code, 34,120
good cause shall include, except as provided in division (B)(2) 34,122
of this section, the following: 34,123
(a) Failure of the county department to place the member 34,126
in an activity;
(b) Failure of the county department to provide for the 34,129
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 34,131
to be necessary. In determining whether good cause exists, a 34,132
county department shall determine that day care is a necessary 34,133
support service if a single custodial parent caring for a minor 34,134
child under age six proves a demonstrated inability, as 34,135
determined by the county department, to obtain needed child care 34,136
for one or more of the following reasons: 34,137
(i) Unavailability of appropriate child care within a 34,140
reasonable distance from the parent's home or work site; 34,141
(ii) Unavailability or unsuitability of informal child 34,144
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 34,147
child care arrangements.
(2) Good cause does not exist if the member of the 34,149
assistance group is placed in a work activity established under 34,151
section 5107.58 of the Revised Code and exhausts the support 34,152
services available for that activity. 34,153
(C) When a state hearing under division (B) of section 34,156
5101.35 of the Revised Code or an administrative appeal under 34,159
division (C) of that section is held regarding a sanction under 34,160
this section, the hearing officer, director of human services, or 34,161
director's designee shall base the decision in the hearing or 34,162
appeal on the county department's standards of good cause for 34,163
failure or refusal to comply in full with a provision of a 34,164
self-sufficiency contract, if the county department provides the 34,165
hearing officer, director, or director's designee a copy of the 34,166
county department's good cause standards. 34,167
781
(D) After sanctioning an assistance group under division 34,170
(A) of this section, a county department of human services shall 34,172
CONTINUE TO WORK WITH THE ASSISTANCE GROUP TO provide the member 34,173
of the assistance group who caused the sanction an opportunity to 34,174
demonstrate to the county department a willingness to cease the 34,175
failure or refusal to comply with the self-sufficiency contract. 34,176
(E)(1) A minor child eligible for medical assistance 34,179
pursuant to division (A)(1)(b) of section 5111.01 of the Revised 34,182
Code who would be eligible to participate in Ohio works first if 34,184
not for a sanction under this section does not lose eligibility 34,185
for medical assistance.
(2) An adult eligible for medical assistance pursuant to 34,187
division (A)(1)(b) of section 5111.01 of the Revised Code who 34,190
would be eligible to participate in Ohio works first if not for a 34,191
sanction under division (A)(1) or (2) of this section does not 34,193
lose eligibility for medical assistance. An adult eligible for 34,194
medical assistance pursuant to division (A)(1)(b) of section 34,196
5111.01 of the Revised Code who is sanctioned under division 34,199
(A)(3) of this section loses eligibility for medical assistance 34,200
unless the adult is otherwise eligible for medical assistance 34,201
pursuant to another division of section 5111.01 of the Revised 34,203
Code. 34,204
(3) An adult eligible for medical assistance pursuant to 34,206
division (A)(1)(a) of section 5111.01 of the Revised Code who is 34,211
sanctioned under division (A)(3) of this section for a failure or 34,213
refusal, without good cause, to comply in full with a provision 34,214
of a self-sufficiency contract related to work responsibilities 34,215
under sections 5107.40 to 5107.69 of the Revised Code loses 34,216
eligibility for medical assistance unless the adult is otherwise 34,217
eligible for medical assistance pursuant to another division of 34,218
section 5111.01 of the Revised Code. 34,220
(F) AN ASSISTANCE GROUP THAT WOULD BE PARTICIPATING IN 34,223
OHIO WORKS FIRST IF NOT FOR A SANCTION UNDER THIS SECTION SHALL
CONTINUE TO BE ELIGIBLE FOR ALL OF THE FOLLOWING: 34,224
782
(1) PUBLICLY FUNDED CHILD DAY-CARE IN ACCORDANCE WITH 34,226
DIVISION (A)(3) OF SECTION 5104.30 OF THE REVISED CODE; 34,227
(2) SUPPORT SERVICES IN ACCORDANCE WITH SECTION 5107.66 OF 34,229
THE REVISED CODE; 34,230
(3) TO THE EXTENT PERMITTED BY THE "FAIR LABOR STANDARDS 34,233
ACT OF 1938," 52 STAT. 1060, 29 U.S.C.A. 201, AS AMENDED, TO 34,234
PARTICIPATE IN WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 34,235
ALTERNATIVE WORK ACTIVITIES IN ACCORDANCE WITH SECTIONS 5107.40
TO 5107.69 OF THE REVISED CODE. 34,236
Sec. 5107.161. BEFORE A COUNTY DEPARTMENT OF HUMAN 34,238
SERVICES SANCTIONS AN ASSISTANCE GROUP UNDER SECTION 5107.16 OF 34,239
THE REVISED CODE, THE COUNTY DEPARTMENT SHALL PROVIDE THE 34,241
ASSISTANCE GROUP WRITTEN NOTICE OF THE SANCTION. THE WRITTEN
NOTICE SHALL INCLUDE A PROVISION PRINTED IN BOLD TYPE FACE THAT 34,242
INFORMS THE ASSISTANCE GROUP THAT IT MAY REQUEST A FACE-TO-FACE 34,243
MEETING WITH THE COUNTY DEPARTMENT NOT LATER THAN TEN DAYS AFTER 34,244
RECEIVING THE WRITTEN NOTICE TO EXPLAIN WHY THE ASSISTANCE GROUP 34,245
BELIEVES IT SHOULD NOT BE SANCTIONED. THE WRITTEN NOTICE SHALL 34,246
INCLUDE THE TELEPHONE NUMBERS OF THE ASSISTANCE GROUP'S 34,247
CASEWORKER AND OF AN OHIO WORKS FIRST OMBUDSPERSON PROVIDED FOR 34,248
UNDER SECTION 329.07 OF THE REVISED CODE WHO THE ASSISTANCE GROUP 34,249
MAY CALL IF UNABLE TO CONTACT THE CASEWORKER AND THE TOLL-FREE 34,252
TELEPHONE NUMBER OF THE STATE DEPARTMENT OF HUMAN SERVICES. 34,254
Sec. 5107.17. AN ASSISTANCE GROUP THAT RESUMES 34,256
PARTICIPATION IN OHIO WORKS FIRST FOLLOWING A SANCTION UNDER 34,258
SECTION 5107.16 OF THE REVISED CODE IS NOT REQUIRED TO DO EITHER 34,259
OF THE FOLLOWING:
(A) REAPPLY UNDER SECTION 5107.12 OF THE REVISED CODE, 34,262
UNLESS IT IS THE ASSISTANCE GROUP'S REGULARLY SCHEDULED TIME FOR 34,263
AN ELIGIBILITY REDETERMINATION; 34,264
(B) ENTER INTO A NEW SELF-SUFFICIENCY CONTRACT UNDER 34,266
SECTION 5107.14 OF THE REVISED CODE, UNLESS THE COUNTY DEPARTMENT 34,267
DETERMINES IT IS TIME FOR A NEW APPRAISAL UNDER SECTION 5107.41 34,268
OF THE REVISED CODE OR THE ASSISTANCE GROUP'S CIRCUMSTANCES HAVE 34,269
783
CHANGED IN A MANNER NECESSITATING AN AMENDMENT TO THE 34,270
SELF-SUFFICIENCY CONTRACT AS DETERMINED USING PROCEDURES INCLUDED 34,271
IN THE CONTRACT UNDER DIVISION (I) OF SECTION 5107.14 OF THE 34,273
REVISED CODE. 34,274
Sec. 5107.18. (A) Except as provided in divisions (B), 34,283
(C), (D), and (E) of this section, an assistance group is 34,285
ineligible to participate in Ohio works first if the assistance 34,286
group includes an adult who has participated in the program for
thirty-six months. The time limit applies regardless of whether 34,287
the thirty-six months are consecutive. 34,288
(B) An assistance group that has ceased to participate in 34,291
Ohio works first pursuant to division (A) of this section for at 34,293
least twenty-four months may reapply to participate in the 34,294
program if good cause exists as determined by the county 34,295
department of human services. Good cause may include losing 34,296
employment, inability to find employment, divorce, domestic 34,297
violence considerations, and unique personal circumstances. The 34,298
assistance group must provide a county department of human 34,299
services verification acceptable to the county department of 34,300
whether any members of the assistance group had employment during 34,301
the period the assistance group was not participating in Ohio 34,302
works first and the amount and sources of the assistance group's 34,303
income during that period. If a county department is satisfied 34,304
that good cause exists for the assistance group to reapply to 34,305
participate in Ohio works first, the assistance group may 34,306
reapply. Except as provided in divisions (C), (D), and (E) of 34,308
this section, the assistance group may not participate in Ohio 34,309
works first for more than twenty-four additional months. The 34,310
time limit applies regardless of whether the twenty-four months 34,311
are consecutive.
(C) In determining the number of months a parent or 34,314
pregnant woman has received assistance under Title IV-A, a county 34,318
department of human services shall disregard any month during 34,319
which the parent or pregnant woman was a minor child but was 34,320
784
neither a minor head of household nor married to the head of an 34,321
assistance group.
(D) In determining the number of months an adult has 34,324
received assistance under Title IV-A, a county department of 34,328
human services shall disregard any month during which the adult 34,329
lived on an Indian reservation or in an Alaska native village, as 34,331
those terms are used in 42 U.S.C.A. 608(a)(7)(D), if, during the 34,335
month, at least one thousand individuals lived on the reservation 34,336
or in the village and at least fifty per cent of the adults 34,337
living on the reservation or in the village were unemployed. 34,338
(E) A county department of human services may exempt not 34,341
more than twenty per cent of the average monthly number of Ohio 34,343
works first participants from the time limit established by this 34,344
section on the grounds that the county department determines that 34,345
the time limit is a hardship. In the case of the time limit 34,346
established by division (A) of this section, a county department 34,347
may not exempt an assistance group until the group has exhausted 34,348
its thirty-six months of cash assistance. 34,349
(F) The state department of human services shall 34,351
continually monitor the percentage of the average monthly number 34,352
of Ohio works first participants in each county that is exempted 34,354
under division (E) of this section from the time limit 34,355
established by this section. On determining that the percentage 34,357
in any county equals or exceeds eighteen per cent, the state
department shall immediately notify the county department of 34,358
human services. 34,359
(G) Only participation in Ohio works first on or after 34,361
October 1, 1997, applies to the time limit established by this 34,363
section. The time limit applies regardless of the source of 34,364
funding for the program. Assistance under Title IV-A provided by 34,367
any state applies to the time limit. The time limit is a 34,368
lifetime limit. No assistance group shall receive assistance 34,369
under the program in violation of the time limit for assistance 34,370
under Title IV-A established by section 408(a)(7) of the "Social 34,373
785
Security Act," as amended by the "Personal Responsibility and 34,374
Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 34,376
U.S.C.A. 608(a)(7). 34,377
Sec. 5107.22. As used in this section, "caretaker" means 34,387
the parent of a minor child or a relative acting in the parent's 34,389
place. Unless 34,390
UNLESS good cause for failure or refusal exists as 34,392
determined pursuant to rules adopted under section 5107.05 of the 34,394
Revised Code, the caretaker of a minor child shall cooperate, if 34,396
the caretaker is a member of the child's assistance group, in 34,397
establishing the child's paternity and establishing, modifying, 34,398
and enforcing a support order for the child. The child support 34,399
enforcement agency with responsibility for administering the 34,400
assistance group's paternity and support order requirements shall 34,402
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 34,403
available to the caretaker to verify the identity of the minor 34,404
child's father and establish, modify, and enforce a support 34,405
order.
A child support enforcement agency shall notify the county 34,408
department of human services serving the county in which a 34,409
caretaker resides if the agency determines that the caretaker has 34,410
failed or refused to cooperate under this section without good 34,411
cause and the caretaker is a member of an assistance group 34,412
participating in Ohio works first. 34,413
Sec. 5107.24. (A) As used in this section: 34,422
(1) "Adult-supervised living arrangement" means a family 34,424
setting approved, licensed, or certified by the department of 34,426
human services, the department of mental health, the department 34,427
of mental retardation and developmental disabilities, the 34,428
department of youth services, a public children services agency, 34,429
a private child placing agency, or a private noncustodial agency 34,430
that is maintained by a person age eighteen or older who assumes 34,431
responsibility for the care and control of a minor parent, 34,432
786
pregnant minor, or child of a minor parent or provides the minor 34,433
parent, pregnant minor, or child of a minor parent supportive 34,434
services, including counseling, guidance, and supervision. 34,435
"Adult-supervised living arrangement" does not mean a public 34,436
institution. 34,437
(2) "Child of a minor parent" means a child born to a 34,440
minor parent, except that the child ceases to be considered a 34,441
child of a minor parent when the minor parent attains age 34,442
eighteen.
(3) "Minor parent" means a parent who is under age 34,444
eighteen and is not married. 34,446
(4) "Pregnant minor" means a pregnant person who is under 34,448
age eighteen and not married. 34,450
(B)(1) Except as provided in division (B)(2) of this 34,453
section AND TO THE EXTENT PERMITTED BY TITLE IV-A, AS DEFINED IN 34,454
SECTION 5107.02 OF THE REVISED CODE, AND FEDERAL REGULATIONS 34,456
ADOPTED UNDER TITLE IV-A, a pregnant minor, minor parent, or 34,457
child of a minor parent must reside in a place of residence 34,458
maintained by a parent, legal guardian, CUSTODIAN, or specified 34,460
relative of the pregnant minor or minor parent as the parent's, 34,461
guardian's, CUSTODIAN'S, or specified relative's own home to be 34,463
eligible to participate in Ohio works first. 34,464
(2) A TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL 34,468
REGULATIONS ADOPTED UNDER IT, A pregnant minor, minor parent, or 34,469
child of a minor parent is exempt from the requirement of 34,470
division (B)(1) of this section if any of the following apply: 34,471
(a) The minor parent or pregnant minor does not have a 34,473
parent, legal guardian, CUSTODIAN, or specified relative living 34,476
or whose whereabouts are known.
(b) No parent, legal guardian, CUSTODIAN, or specified 34,479
relative of the minor parent or pregnant minor will allow the 34,481
pregnant minor, minor parent, or minor parent's child to live in 34,482
the parent's, legal guardian's, CUSTODIAN'S or specified 34,483
relative's home. 34,484
787
(c) The department of human services, a county department 34,486
of human services, or a public children services agency 34,488
determines that the physical or emotional health or safety of the 34,489
pregnant minor, minor parent, or minor parent's child would be in 34,490
jeopardy if the pregnant minor, minor parent, or minor parent's 34,491
child lived in the same home as the parent, legal guardian, 34,492
CUSTODIAN, or specified relative. 34,494
(d) The department of human services, a county department 34,497
of human services, or a public children services agency otherwise 34,498
determines that it is in the best interest of the pregnant minor, 34,500
minor parent, or minor parent's child to waive the requirement of 34,501
division (B)(1) of this section.
(C) A pregnant minor, minor parent, or child of a minor 34,503
parent exempt from the requirement of division (B)(1) of this 34,505
section must reside in an adult-supervised living arrangement to 34,506
be eligible to participate in Ohio works first.
(D) The department of human services, whenever possible 34,508
AND TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL REGULATIONS 34,509
ADOPTED UNDER IT, shall provide cash assistance under Ohio works 34,512
first to the parent, legal guardian, CUSTODIAN, or specified 34,513
relative of a pregnant minor or minor parent on behalf of the 34,514
pregnant minor, minor parent, or minor parent's child. 34,515
Sec. 5107.26. (A) As used in this section: 34,524
(1) "Transitional child day-care" means publicly funded 34,527
child day-care provided under division (A)(3) of section 5104.34 34,529
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 34,532
provided under section 5111.023 of the Revised Code. 34,533
(B) Except as provided in division (C) of this section, 34,535
each member of an assistance group participating in Ohio works 34,536
first is ineligible to participate in the program for six payment 34,539
months if a county department of human services determines that a 34,541
member of the assistance group terminated the member's employment 34,543
and each person who, ON THE DAY PRIOR TO THE DAY A RECIPIENT 34,544
788
BEGINS TO RECEIVE TRANSITIONAL CHILD DAY-CARE OR TRANSITIONAL
MEDICAID, was a member of the RECIPIENT'S assistance group of a 34,546
recipient of transitional child day-care or transitional medicaid 34,547
on the day prior to the day the recipient begins to receive 34,548
transitional child day-care or transitional medicaid is 34,549
ineligible to participate in Ohio works first for six payment 34,551
months if a county department determines that the recipient 34,553
terminated the recipient's employment. 34,555
(C) No assistance group member shall lose or be denied 34,558
eligibility to participate in Ohio works first pursuant to 34,560
division (B) of this section if THE TERMINATION OF EMPLOYMENT WAS 34,561
BECAUSE AN ASSISTANCE GROUP MEMBER OR RECIPIENT OF TRANSITIONAL 34,562
CHILD DAY-CARE OR TRANSITIONAL MEDICAID SECURED COMPARABLE OR 34,563
BETTER EMPLOYMENT OR the county department of human services 34,565
certifies that the assistance group member who OR RECIPIENT 34,567
terminated THE employment did so with just cause. 34,568
Just cause includes the following: 34,570
(1) Discrimination by an employer based on age, race, sex, 34,573
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 34,575
employment unreasonable, such as working without being paid on 34,576
schedule; 34,577
(3) Employment that has become unsuitable due to any of 34,579
the following: 34,580
(a) The wage is less than the federal minimum wage; 34,582
(b) The work is at a site subject to a strike or lockout, 34,585
unless the strike has been enjoined under section 208 of the 34,586
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 34,587
U.S.C.A. 178, as amended, an injunction has been issued under 34,589
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 34,591
U.S.C.A. 160, as amended, or an injunction has been issued under 34,592
section 4117.16 of the Revised Code; 34,593
(c) The documented degree of risk to the assistance group 34,596
member's MEMBER OR RECIPIENT'S health and safety is unreasonable; 34,598
789
(d) The assistance group member OR RECIPIENT is physically 34,600
or mentally unfit to perform the employment, as documented by 34,601
medical evidence or by reliable information from other sources. 34,603
(4) Documented illness of the assistance group member OR 34,606
RECIPIENT or of another assistance group member OF THE MEMBER OR 34,608
RECIPIENT requiring the presence of the assistance group member 34,609
OR RECIPIENT;
(5) A documented household emergency; 34,611
(6) Lack of adequate child care for children of the 34,613
assistance group member OR RECIPIENT who are under six years of 34,614
age. 34,615
Sec. 5107.28. (A) As used in this section and in sections 34,624
5107.281 to 5107.287 of the Revised Code: 34,626
(1) "Cash assistance payment" means the monthly amount an 34,628
assistance group is eligible to receive under Ohio works first. 34,629
(2) "Parent" means the parent, legal guardian, CUSTODIAN, 34,632
or specified relative with charge or care of a learnfare 34,633
participant.
(3) "Participating student" means a participant of Ohio 34,635
works first who is subject to the school attendance requirement 34,637
of the learnfare program as determined under section 5107.281 of 34,638
the Revised Code.
(B) The state department of human services shall establish 34,642
the learnfare program. The board of county commissioners of any 34,643
county may choose to have the county participate in the learnfare 34,644
program. The county department of human services of each 34,645
participating county shall administer the program in accordance 34,647
with sections 5107.28 to 5107.287 of the Revised Code and 34,648
policies the county department establishes for the program. 34,649
(C) The program shall provide for reduction in the cash 34,652
assistance payment to the assistance group of a participating 34,653
student if the student fails to comply with the program's school 34,655
attendance requirement two or more times during a school year. 34,656
(D) The program may provide for an incentive to encourage 34,659
790
a parent or, if a participating student is eighteen or nineteen 34,661
years of age, the student to consent to the release of the 34,662
participating student's school attendance records and the 34,664
participating student to comply with the program's school 34,665
attendance requirement. 34,666
Sec. 5107.541. A county department of human services may 34,675
contract with the chief administrator of a nonpublic school or 34,676
with any school district board of education that has adopted a 34,677
resolution under section 3319.089 of the Revised Code to provide 34,678
for a participant of the work experience program who has a minor 34,680
child enrolled in the nonpublic school or a public school in the 34,681
district to be assigned under the work experience program to 34,682
volunteer or work for compensation at the school in which the 34,683
child is enrolled. Unless it is not possible or practical, a 34,684
contract shall provide for a participant to volunteer or work at 34,685
the school as a classroom aide. If that is impossible or 34,686
impractical, the contract may provide for the participant to 34,688
volunteer to work in another position at the school. A contract 34,689
may provide for the nonpublic school or board of education to 34,690
receive funding to pay for coordinating, training, and 34,692
supervising participants volunteering or working in schools. 34,693
Notwithstanding section 3319.088 of the Revised Code, a 34,695
participant volunteering or working as a classroom aide under 34,696
this section is not required to obtain an educational aide permit 34,698
or paraprofessional license. The participant shall not be 34,699
considered an employee of a political subdivision for purposes of 34,700
Chapter 2744. of the Revised Code and is not entitled to any 34,702
immunity or defense available under that chapter, the common law
of this state, or section 9.86 of the Revised Code. 34,703
An assignment under this section shall include attending 34,706
academic home enrichment classes that provide instruction for
parents in creating a home environment that prepares and enables 34,708
children to learn at school.
Sec. 5107.60. In accordance with Title IV-A, federal 34,718
791
regulations, state law, the Title IV-A state plan prepared under 34,720
section 5101.80 of the Revised Code, and amendments to the plan, 34,721
county departments of human services shall establish and 34,722
administer the following work activities, in addition to the work 34,723
activities established under sections 5107.50, 5107.52, 5107.54, 34,724
and 5107.58 of the Revised Code, for minor heads of households 34,727
and adults participating in Ohio works first:
(A) Unsubsidized employment activities, including 34,730
activities a county department determines are legitimate 34,731
entrepreneurial activities;
(B) On-the-job training activities, including training to 34,734
become an employee of a child day-care center or type A family 34,736
day-care home, authorized provider of a certified type B family 34,737
day-care home, or in-home aide; 34,738
(C) Community service activities including a program under 34,742
which a participant of Ohio works first who is the parent, legal 34,743
guardian, CUSTODIAN, or specified relative responsible for the 34,744
care of a minor child enrolled in grade twelve or lower is 34,745
involved in the minor child's education on a regular basis.; 34,746
(D) Vocational educational training activities; 34,748
(E) Jobs skills training activities that are directly 34,751
related to employment;
(F) Education activities that are directly related to 34,754
employment for participants who have not earned a high school 34,755
diploma or high school equivalence diploma; 34,756
(G) Education activities for participants who have not 34,759
completed secondary school or received a high school equivalence 34,760
diploma under which the participants attend a secondary school or 34,761
a course of study leading to a high school equivalence diploma; 34,762
(H) Child-care service activities aiding another 34,765
participant assigned to a community service activity or other 34,766
work activity. A county department may provide for a participant 34,768
assigned to this work activity to receive training necessary to
provide child-care services. 34,769
792
Sec. 5107.61. SERVICE AS AN OHIO WORKS FIRST OMBUDSPERSON 34,771
PURSUANT TO SECTION 329.07 OF THE REVISED CODE MAY BE AN 34,772
ASSIGNMENT UNDER THE WORK EXPERIENCE PROGRAM OR A WORK ACTIVITY 34,773
ESTABLISHED UNDER SECTION 5107.60 OF THE REVISED CODE TO WHICH A 34,775
PARTICIPANT OF OHIO WORKS FIRST IS ASSIGNED UNDER SECTION 5107.42 34,776
OF THE REVISED CODE.
Sec. 5107.72. Each county department of human services 34,785
shall refer a parent participating in Ohio works first whose 34,787
minor child is a member of the parent's assistance group to any 34,788
private or public agency, medical doctor, clinic, or other person 34,790
or organization which can advise the parent on methods of 34,792
controlling the size and spacing of the parent's family,
consistent with the parent's religious and moral views. A county 34,795
department shall document each referral it makes under this 34,797
section.
Sec. 5108.06. Under the prevention, retention, and 34,806
contingency program, an assistance group that includes at least 34,807
one minor child OR A PREGNANT WOMAN and meets the program's 34,808
eligibility requirements shall receive assistance or services 34,810
needed to overcome immediate barriers to achieving or maintaining 34,811
self sufficiency and personal responsibility. 34,812
Sec. 5111.01. As used in this chapter, "medical assistance 34,822
program" or "medicaid" means the program that is authorized by 34,824
this section and provided by the department of human services 34,826
under this chapter, Title XIX of the "Social Security Act," 49 34,827
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the waivers of 34,828
Title XIX requirements granted to the department by the health 34,831
care financing administration of the United States department of 34,833
health and human services. 34,834
(A) The department of human services may provide medical 34,836
assistance under the medicaid program as long as federal funds 34,838
are provided for such assistance, to the following:
(1) Families with children that meet either of the 34,841
following conditions: 34,842
793
(a) The family meets the income, resource, and family 34,845
composition requirements in effect on July 16, 1996, for the 34,846
former aid to dependent children program as those requirements 34,847
were established by Chapter 5107. of the Revised Code, federal 34,850
waivers granted pursuant to requests made under former section 34,851
5101.09 of the Revised Code, and rules adopted by the department. 34,854
An adult loses eligibility for medical assistance under division 34,855
(A)(1)(a) of this section pursuant to division (E)(3) of section 34,858
5107.16 of the Revised Code. 34,860
(b) The family does not meet the requirements specified in 34,863
division (A)(1)(a) of this section but is participating in the 34,866
Ohio works first program established under Chapter 5107. of the 34,867
Revised Code or is eligible for medical assistance pursuant to 34,868
section 5101.18 or division (E)(1) or (2) of section 5107.16 of 34,870
the Revised Code despite being ineligible to participate in Ohio 34,872
works first. 34,873
(2) Aged, blind, and disabled persons who meet the 34,875
following conditions: 34,876
(a) Receive federal aid under Title XVI of the "Social 34,878
Security Act," or are eligible for but are not receiving such 34,879
aid, provided that the income from all other sources for 34,880
individuals with independent living arrangements shall not exceed 34,881
one hundred seventy-five dollars per month. The income standards 34,882
hereby established shall be adjusted annually at the rate that is 34,883
used by the United States department of health and human services 34,885
to adjust the amounts payable under Title XVI. 34,886
(b) Do not receive aid under Title XVI, but meet any of 34,888
the following criteria: 34,889
(i) Would be eligible to receive such aid, except that 34,891
their income, other than that excluded from consideration as 34,892
income under Title XVI, exceeds the maximum under division 34,893
(A)(2)(a) of this section, and incurred expenses for medical 34,894
care, as determined under federal regulations applicable to 34,895
section 209(b) of the "Social Security Amendments of 1972," 86 34,896
794
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 34,897
amount by which their income exceeds the maximum under division 34,898
(A)(2)(a) of this section; 34,899
(ii) Received aid for the aged, aid to the blind, or aid 34,901
for the permanently and totally disabled prior to January 1, 34,902
1974, and continue to meet all the same eligibility requirements; 34,903
(iii) Are eligible for medical assistance pursuant to 34,905
section 5101.18 of the Revised Code. 34,906
(3) Persons to whom federal law requires, as a condition 34,908
of state participation in the medicaid program, that medical 34,909
assistance be provided; 34,910
(4) Persons under age twenty-one who meet the income 34,912
requirements for the Ohio works first program established under 34,913
Chapter 5107. of the Revised Code but do not meet other 34,915
eligibility requirements for the program. The department shall 34,917
adopt rules in accordance with Chapter 119. of the Revised Code 34,918
specifying which Ohio works first requirements shall be waived 34,920
for the purpose of providing medicaid eligibility under division 34,922
(A)(4) of this section.
(B) If funds are appropriated for such purpose by the 34,924
general assembly, the department may provide medical assistance 34,925
to persons in groups designated by federal law as groups to which 34,927
a state, at its option, may provide medical assistance under the 34,928
medicaid program.
(C) The department may expand eligibility for medical 34,931
assistance to include individuals under age nineteen with family 34,932
incomes at or below one hundred fifty per cent of the federal 34,933
poverty guideline guidelines, except that the eligibility 34,934
expansion shall not occur unless the department receives the 34,935
approval of the federal government. The department may implement 34,936
the eligibility expansion authorized under this division on any 34,937
date selected by the department, but not sooner than January 1, 34,938
1998. 34,939
(D) In addition to any other authority or requirement to 34,942
795
adopt rules under this chapter, the department may adopt rules in 34,943
accordance with section 111.15 of the Revised Code as it 34,945
considers necessary to establish standards, procedures, and other 34,946
requirements regarding the provision of medical assistance. The 34,947
rules may establish requirements to be followed in applying for 34,948
medical assistance, making determinations of eligibility for 34,949
medical assistance, and verifying eligibility for medical 34,950
assistance. The rules may include special conditions as the 34,951
department determines appropriate for making applications, 34,952
determining eligibility, and verifying eligibility for any 34,953
medical assistance that the department may provide pursuant to 34,954
division (C) of this section AND SECTION 5111.014 OF THE REVISED 34,955
CODE.
Sec. 5111.014. (A) THE DIRECTOR OF HUMAN SERVICES SHALL 34,957
SUBMIT TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 34,958
SERVICES AN AMENDMENT TO THE STATE MEDICAID PLAN TO MAKE AN 34,959
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS ELIGIBLE 34,960
FOR MEDICAID:
(1) THE INDIVIDUAL IS THE PARENT OF A CHILD UNDER NINETEEN 34,962
YEARS OF AGE AND RESIDES WITH THE CHILD OR PREGNANT; 34,963
(2) IN THE CASE OF A PARENT, THE INDIVIDUAL IS EMPLOYED; 34,965
(3) THE INDIVIDUAL'S FAMILY INCOME DOES NOT EXCEED ONE 34,967
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY GUIDELINES, IN THE 34,968
CASE OF A PREGNANT INDIVIDUAL, OR ONE HUNDRED PER CENT OF THE 34,969
FEDERAL POVERTY GUIDELINES, IN THE CASE OF A PARENT OTHER THAN A 34,970
PARENT WHO IS PREGNANT;
(4) THE INDIVIDUAL SATISFIES ALL RELEVANT REQUIREMENTS 34,972
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF SECTION 34,973
5111.01 OF THE REVISED CODE.
(B) IF APPROVED BY THE UNITED STATES SECRETARY OF HEALTH 34,976
AND HUMAN SERVICES, THE DIRECTOR OF HUMAN SERVICES SHALL
IMPLEMENT THE MEDICAID PLAN AMENDMENT SUBMITTED UNDER DIVISION 34,977
(A) OF THIS SECTION AS SOON AS POSSIBLE AFTER RECEIPT OF NOTICE 34,978
OF THE APPROVAL, BUT NOT SOONER THAN JANUARY 1, 2000, AS IT 34,979
796
APPLIES TO PREGNANT WOMEN, OR JULY 1, 2000, AS IT APPLIES TO 34,980
PARENTS OTHER THAN PARENTS WHO ARE PREGNANT. 34,981
Sec. 5111.022. (A) The state plan for providing medical 34,990
assistance under Title XIX of the "Social Security Act," 49 Stat. 34,991
620, 42 U.S.C.A. 301, as amended, shall include provision of the 34,992
following mental health services when provided by facilities 34,993
described in division (B) of this section: 34,994
(1) Outpatient mental health services, including, but not 34,996
limited to, preventive, diagnostic, therapeutic, rehabilitative, 34,997
and palliative interventions rendered to individuals in an 34,998
individual or group setting by a mental health professional in 34,999
accordance with a plan of treatment appropriately established, 35,000
monitored, and reviewed; 35,001
(2) Partial-hospitalization mental health services of 35,003
three to fourteen hours per service day, rendered by persons 35,004
directly supervised by a mental health professional; 35,005
(3) Unscheduled, emergency mental health services of a 35,007
kind ordinarily provided to persons in crisis when rendered by 35,008
persons supervised by a mental health professional. 35,009
(B) Services shall be included in the state plan only when 35,011
provided by community mental health facilities that have quality 35,012
assurance programs accredited by the joint commission on 35,013
accreditation of healthcare organizations or certified by the 35,014
department of mental health or department of human services. 35,015
(C) The comprehensive annual plan shall certify the 35,017
availability of sufficient unencumbered community mental health 35,018
state subsidy and local funds to match Title XIX reimbursement 35,019
funds earned by the facilities. Reimbursement for eligible 35,020
services shall be based on the prospective cost of providing the 35,021
services as developed in standards adopted as part of the 35,022
comprehensive annual plan. 35,023
(D) As used in this section, "mental health professional" 35,025
means a person qualified to work with mentally ill persons under 35,026
the minimum standards established by the director of mental 35,027
797
health pursuant to section 5119.61 of the Revised Code. 35,028
(E) With respect to services established by division (A) 35,030
of this section, the department of human services shall enter 35,031
into a separate contract with the department of mental health. 35,032
The terms of the contract between the department of human 35,033
services and the department of mental health shall specify that 35,034
BOTH OF THE FOLLOWING: 35,035
(1) THAT the department of mental health and boards of 35,037
alcohol, drug addiction, and mental health services shall provide 35,038
state and local matching funds for Title XIX of the "Social 35,039
Security Act" for reimbursement of services established by 35,040
division (A) of this section; 35,041
(2) HOW THE COMMUNITY MENTAL HEALTH FACILITIES DESCRIBED 35,043
IN DIVISION (B) OF THIS SECTION WILL BE PAID FOR PROVIDING THE 35,044
SERVICES ESTABLISHED BY DIVISION (A) OF THIS SECTION. 35,045
Sec. 5111.025. (A) EFFECTIVE JULY 1, 2001, AND THE FIRST 35,048
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 35,049
SHALL ADJUST THE RATE IT REIMBURSES MEDICAL PROVIDERS SPECIFIED 35,050
IN RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION FOR MEDICAL 35,051
SERVICES RENDERED UNDER THE MEDICAL ASSISTANCE PROGRAM. THE 35,052
DEPARTMENT SHALL ADJUST THE RATE BY THE PERCENTAGE INCREASE IN 35,054
THE GROSS DOMESTIC PRODUCT DEFLATOR FOR THE PRECEDING CALENDAR 35,056
YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE 35,057
UNITED STATES DEPARTMENT OF COMMERCE.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 35,059
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 35,061
EFFICIENT ADMINISTRATION OF THIS SECTION. THE RULES SHALL 35,062
ESTABLISH A LIST SPECIFYING THE MEDICAL PROVIDERS THAT WILL 35,063
RECEIVE THE ADJUSTED RATE OF REIMBURSEMENT. THE DEPARTMENT SHALL 35,065
INCLUDE IN THE LIST AT LEAST PHYSICIANS, DENTISTS, AND AMBULANCE 35,066
SERVICE PROVIDERS. THE DEPARTMENT SHALL EXCLUDE FROM THE LIST 35,067
NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE MENTALLY 35,068
RETARDED, HOSPITALS, AND MANAGED CARE ORGANIZATIONS. 35,069
(C) THIS SECTION DOES NOT AFFECT SECTIONS 5111.20 TO 35,071
798
5111.32 OF THE REVISED CODE OR PRECLUDE THE DEPARTMENT OF HUMAN 35,072
SERVICES FROM ADJUSTING THE RATE IT REIMBURSES HOSPITALS AND 35,073
MANAGED CARE ORGANIZATIONS FOR MEDICAL SERVICES RENDERED UNDER 35,074
THE MEDICAL ASSISTANCE PROGRAM IN A MANNER DIFFERENT FROM THE 35,075
METHOD OF ADJUSTMENT ESTABLISHED BY DIVISION (A) OF THIS SECTION. 35,076
Sec. 5111.026. (A) ON OR BEFORE THE THIRTY-FIRST DAY OF 35,079
DECEMBER OF THE YEAR 2000, AND EACH EVEN-NUMBERED YEAR
THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE AND 35,080
PREPARE A SURVEY THAT INCLUDES ALL OF THE FOLLOWING: 35,081
(1) AN EXAMINATION OF ACCESS BY RECIPIENTS OF MEDICAL 35,083
ASSISTANCE TO PROVIDERS WHO ARE AUTHORIZED UNDER CHAPTER 4731. OF 35,084
THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC 35,086
MEDICINE AND SURGERY, OR PODIATRY OR UNDER CHAPTER 4725. OF THE 35,087
REVISED CODE TO PRACTICE DENTISTRY; 35,089
(2) THE EFFECT OF RATES AND METHODS OF REIMBURSEMENT IN 35,091
THE MEDICAL ASSISTANCE PROGRAM ON PARTICIPATION IN THE PROGRAM BY 35,092
PROVIDERS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION; 35,093
(3) A COMPARISON OF THE RATES OF REIMBURSEMENT FOR 35,095
SERVICES PROVIDED UNDER THE MEDICAL ASSISTANCE PROGRAM AND 35,096
EQUIVALENT SERVICES PROVIDED IN THE PRIVATE SECTOR BY PROVIDERS 35,097
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION. 35,098
THE RESULTS OF EACH SURVEY REQUIRED UNDER THIS SECTION 35,100
SHALL BE SUBMITTED TO THE GOVERNOR, SPEAKER AND MINORITY LEADER 35,101
OF THE HOUSE OF REPRESENTATIVES, AND PRESIDENT AND MINORITY 35,102
LEADER OF THE SENATE. 35,103
(B) TO MEET THE REQUIREMENTS OF DIVISION (A) OF THIS 35,105
SECTION, THE DEPARTMENT SHALL USE A SURVEY FORMAT AND QUESTIONS 35,107
RECOMMENDED BY A COMMITTEE APPOINTED BY THE DEPARTMENT. 35,108
Sec. 5111.173. (A) THERE IS HEREBY CREATED THE MEDICAID 35,110
MANAGED CARE STUDY COMMITTEE TO EXAMINE THE MEDICAID MANAGED CARE 35,111
PROGRAM ESTABLISHED BY SECTION 5111.17 OF THE REVISED CODE. THE 35,112
COMMITTEE SHALL REVIEW THE STATUS OF THE PROGRAM AND MAY STUDY 35,113
THE FOLLOWING: CONSUMER ACCESS AND SATISFACTION, REIMBURSEMENT 35,114
ISSUES, RECENT TRENDS IN THE MEDICAID MANAGED CARE MARKET, 35,115
799
ALTERNATIVE MANAGED CARE DELIVERY MODELS, AND FUTURE PLANS AND 35,116
RECOMMENDATIONS FOR THE PROGRAM. 35,117
(B) MEMBERSHIP OF THE STUDY COMMITTEE SHALL INCLUDE: 35,119
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 35,121
OF THE SENATE, ONE FROM THE MAJORITY PARTY AND ONE FROM THE 35,122
MINORITY PARTY; 35,123
(2) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED 35,125
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE FROM THE 35,126
MAJORITY PARTY AND ONE FROM THE MINORITY PARTY; 35,127
(3) THE FOLLOWING MEMBERS JOINTLY APPOINTED BY THE 35,129
GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE 35,130
PRESIDENT OF THE SENATE: 35,131
(a) ONE REPRESENTATIVE OF THE GOVERNOR'S OFFICE; 35,133
(b) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF HUMAN 35,135
SERVICES;
(c) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF 35,137
INSURANCE;
(d) ONE REPRESENTATIVE OF THE OFFICE OF BUDGET AND 35,139
MANAGEMENT;
(e) TWO REPRESENTATIVES OF THE OHIO MEDICAL CARE ADVISORY 35,141
COMMITTEE REPRESENTING CONSUMER INTERESTS; 35,142
(f) ONE REPRESENTATIVE FROM A COUNTY DEPARTMENT OF HUMAN 35,144
SERVICES IN A COUNTY IN WHICH MEDICAID RECIPIENTS ARE REQUIRED TO 35,145
OBTAIN MEDICAL SERVICES FROM A MANAGED CARE ORGANIZATION; 35,146
(g) TWO REPRESENTATIVES OF THE INSTITUTIONAL PROVIDER 35,148
COMMUNITY;
(h) TWO REPRESENTATIVES FROM THE COMMUNITY PROVIDER 35,150
COMMUNITY; 35,151
(i) TWO REPRESENTATIVES OF ENTITIES THAT PROVIDE MEDICAID 35,153
MANAGED CARE. 35,154
(C) THE MAJORITY PARTY MEMBERS FROM THE HOUSE OF 35,156
REPRESENTATIVES AND THE SENATE SHALL SERVE AS CO-CHAIRS OF THE 35,157
STUDY COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL OF THE 35,158
CO-CHAIRS.
800
(D) MEMBERS OF THE STUDY COMMITTEE SHALL SERVE WITHOUT 35,160
COMPENSATION OR REIMBURSEMENT, EXCEPT TO THE EXTENT THAT SERVING 35,161
ON THE COMMITTEE IS CONSIDERED A PART OF THEIR REGULAR DUTIES OF 35,163
EMPLOYMENT.
(E) NOT LATER THAN JULY 3, 2000, THE STUDY COMMITTEE SHALL 35,166
COMPLETE ITS EXAMINATION AND SUBMIT A REPORT TO THE GOVERNOR, THE 35,167
PRESIDENT AND MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND 35,168
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. THE LEGISLATIVE 35,170
BUDGET OFFICE OF THE LEGISLATIVE SERVICE COMMISSION SHALL SERVE 35,171
AS STAFF TO THE STUDY COMMITTEE. ON SUBMISSION OF THE REPORT, 35,172
THE STUDY COMMITTEE SHALL CEASE TO EXIST. 35,173
Sec. 5111.23. (A) The department of human services shall 35,182
pay each eligible nursing facility and intermediate care facility 35,183
for the mentally retarded a per resident per day rate for direct 35,184
care costs established prospectively for each facility. Except 35,185
as provided in division (C)(2) of this section, the department 35,186
shall establish each facility's rate for direct care costs 35,187
quarterly. 35,188
(B) Each facility's rate for direct care costs shall be 35,190
based on the facility's cost per case-mix unit, subject to the 35,191
maximum costs per case-mix unit established under division (B)(2) 35,193
of this section, from the calendar year preceding the fiscal year 35,194
in which the rate is paid. To determine the rate, the department 35,195
shall do all of the following:
(1) Determine each facility's cost per case-mix unit for 35,197
the calendar year preceding the fiscal year in which the rate 35,198
will be paid by dividing the facility's desk-reviewed, actual, 35,199
allowable, per diem direct care costs for that year by its 35,200
average case-mix score determined under section 5111.231 of the 35,201
Revised Code for the same calendar year. 35,202
(2)(a) Set the maximum cost per case-mix unit for each 35,204
peer group of nursing facilities specified in rules adopted under 35,205
division (E) of this section at a percentage above the cost per 35,206
case-mix unit of the facility in the group that has the group's 35,207
801
median medicaid inpatient day for the calendar year preceding the 35,209
fiscal year in which the rate will be paid, as calculated under 35,210
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(1) of this section. 35,211
(b) Set the maximum cost per case-mix unit for each peer 35,213
group of intermediate care facilities for the mentally retarded 35,214
with more than eight beds specified in rules adopted under 35,215
division (E) of this section at a percentage above the cost per 35,216
case-mix unit of the facility in the group that has the group's 35,217
median medicaid inpatient day for the calendar year preceding the 35,219
fiscal year in which the rate will be paid, as calculated under 35,220
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(2) of this section. 35,221
(c) Set the maximum cost per case-mix unit for each peer 35,223
group of intermediate care facilities for the mentally retarded 35,224
with eight or fewer beds specified in rules adopted under 35,225
division (E) of this section at a percentage above the cost per 35,226
case-mix unit of the facility in the group that has the group's 35,227
median medicaid inpatient day for the calendar year preceding the 35,229
fiscal year in which the rate will be paid, as calculated under 35,230
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(3) of this section. 35,231
(d) In calculating the maximum cost per case-mix unit 35,233
under divisions (B)(2)(a) to (c) of this section for each peer 35,234
group, the department shall exclude from its calculations the 35,235
cost per case-mix unit of any facility in the group that 35,236
participated in the medical assistance program under the same
operator for less than twelve months during the calendar year 35,237
preceding the fiscal year in which the rate will be paid. 35,238
(3) Estimate the rate of inflation for the eighteen-month 35,240
period beginning on the first day of July of the calendar year 35,241
preceding the fiscal year in which the rate will be paid and 35,242
ending on the thirty-first day of December of the fiscal year in 35,243
which the rate will be paid, using the employment cost index for 35,244
802
total compensation, health services component, published by the 35,245
United States bureau of labor statistics. If the estimated 35,246
inflation rate for the eighteen-month period is different from 35,247
the actual inflation rate for that period, as measured using the 35,248
same index, the difference shall be added to or subtracted from 35,249
the inflation rate estimated under division (B)(3) of this 35,250
section for the following fiscal year. 35,251
(4) The department shall not recalculate a maximum cost 35,253
per case-mix unit under division (B)(2) of this section or a 35,255
percentage under division (D) of this section based on additional 35,256
information that it receives after the maximum costs per case-mix 35,257
unit or percentages are set. The department shall recalculate a 35,258
maximum cost per case-mix units or percentage only if it made an 35,259
error in computing the maximum cost per case-mix unit or 35,260
percentage based on information available at the time of the 35,261
original calculation.
(C)(1) Except as provided in division (C)(2) of this 35,263
section, each EACH facility's rate for direct care costs shall be 35,264
determined as follows for each calendar quarter within a fiscal 35,265
year: 35,266
(a)(1) Multiply the lesser of the following by the 35,268
facility's average case-mix score determined under section 35,269
5111.231 of the Revised Code for the calendar quarter that 35,270
preceded the immediately preceding calendar quarter: 35,271
(i)(a) The facility's cost per case-mix unit for the 35,273
calendar year preceding the fiscal year in which the rate will be 35,274
paid, as determined under division (B)(1) of this section; 35,275
(ii)(b) The maximum cost per case-mix unit established for 35,277
the fiscal year in which the rate will be paid for the facility's 35,278
peer group under division (B)(2) of this section; 35,279
(b)(2) Adjust the product determined under division 35,282
(C)(1)(a) of this section by the inflation rate estimated under 35,283
division (B)(3) of this section. 35,284
(2) Each fiscal year, the rate for direct care costs for 35,286
803
an intermediate care facility for the mentally retarded that, 35,287
pursuant to rules adopted under division (D)(5) of section 35,288
5111.231 of the Revised Code, submits its resident assessment 35,289
information annually rather than quarterly shall be the lesser of 35,290
the following, adjusted by the inflation rate estimated under 35,291
division (B)(3) of this section: 35,292
(a) The product of the facility's cost per case-mix unit 35,294
for the calendar year preceding the fiscal year in which the rate 35,295
will be paid, as determined under division (B)(1) of this 35,296
section, and the facility's annual average case-mix score 35,297
determined under section 5111.231 of the Revised Code for that 35,298
calendar year; 35,299
(b) The product of the maximum cost per case-mix unit 35,301
established for the fiscal year for the facility's peer group 35,302
under division (B)(2) of this section, and the facility's annual 35,304
average case-mix score determined under section 5111.231 of the 35,305
Revised Code for that calendar year.
(D)(1) The department shall calculate the percentage above 35,307
the median cost per case-mix unit determined under division 35,308
(B)(1) of this section for the facility that has the median 35,309
medicaid inpatient day for calendar year 1992 for all nursing 35,310
facilities that would result in payment of all desk-reviewed, 35,311
actual, allowable direct care costs for eighty-five per cent of 35,312
the medicaid inpatient days for nursing facilities for calendar 35,313
year 1992. 35,314
(2) The department shall calculate the percentage above 35,316
the median cost per case-mix unit determined under division 35,317
(B)(1) of this section for the facility that has the median 35,318
medicaid inpatient day for calendar year 1992 for all 35,319
intermediate care facilities for the mentally retarded with more 35,320
than eight beds that would result in payment of all 35,321
desk-reviewed, actual, allowable direct care costs for eighty and 35,322
one-half per cent of the medicaid inpatient days for such 35,323
facilities for calendar year 1992. 35,324
804
(3) The department shall calculate the percentage above 35,326
the median cost per case-mix unit determined under division 35,327
(B)(1) of this section for the facility that has the median 35,328
medicaid inpatient day for calendar year 1992 for all 35,329
intermediate care facilities for the mentally retarded with eight 35,330
or fewer beds that would result in payment of all desk-reviewed, 35,331
actual, allowable direct care costs for eighty and one-half per 35,332
cent of the medicaid inpatient days for such facilities for 35,333
calendar year 1992. 35,334
(E) The department shall adopt rules in accordance with 35,336
Chapter 119. of the Revised Code that specify peer groups of 35,337
nursing facilities, intermediate care facilities for the mentally 35,338
retarded with more than eight beds, and intermediate care 35,339
facilities for the mentally retarded with eight or fewer beds, 35,340
based on findings of significant per diem direct care cost 35,341
differences due to geography and facility bed-size. The rules 35,342
also may specify peer groups based on findings of significant per 35,343
diem direct care cost differences due to other factors which may 35,344
include, in the case of intermediate care facilities for the 35,345
mentally retarded, case-mix. 35,346
(F) The department, in accordance with division (C) of 35,348
section 5111.231 of the Revised Code and rules adopted under 35,349
division (D) of that section, may assign case-mix scores or costs 35,350
per case-mix unit if a facility fails to submit assessment 35,351
information necessary to calculate its case-mix score in 35,352
accordance with that section. 35,353
Sec. 5111.231. (A)(1) The department of human services 35,362
shall determine case-mix scores for nursing facilities using data 35,363
for each resident, regardless of payment source, from a resident 35,364
assessment instrument specified in rules adopted in accordance 35,365
with Chapter 119. of the Revised Code pursuant to section 35,366
1919(e)(5) of the "Social Security Act," 49 Stat. 620 (1935), 42 35,367
U.S.C.A. 1396r(e)(5), as amended, and the case-mix values 35,368
established by the United States department of health and human 35,369
805
services. The EXCEPT AS MODIFIED IN RULES ADOPTED UNDER DIVISION 35,370
(A)(1)(c) OF THIS SECTION, THE department also shall use the 35,372
grouper methodology specified in the department's rules in effect 35,373
on July 1, 1993 USED ON THE EFFECTIVE DATE OF THIS AMENDMENT BY 35,374
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR 35,375
PROSPECTIVE PAYMENT OF SKILLED NURSING FACILITIES UNDER THE 35,376
MEDICARE PROGRAM ESTABLISHED BY TITLE XVIII OF THE "SOCIAL 35,377
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. 35,378
The department may adopt rules in accordance with Chapter 119. of 35,379
the Revised Code that do any of the following: 35,380
(1)(a) Adjust the case-mix values to reflect changes in 35,382
relative wage differentials that are specific to this state; 35,383
(2)(b) Express all of the case-mix values in numeric terms 35,385
that are different from the terms specified by the United States 35,386
department of health and human services but that do not alter the 35,387
relationship of the case-mix values to one another; 35,388
(3) Revise(c) MODIFY the grouper methodology, but only if 35,391
the revision is first recommended by AS FOLLOWS: 35,392
(i) ESTABLISH A DIFFERENT HIERARCHY FOR ASSIGNING 35,394
RESIDENTS TO CASE-MIX CATEGORIES UNDER THE METHODOLOGY; 35,395
(ii) PROHIBIT THE USE OF THE INDEX MAXIMIZER ELEMENT OF 35,397
THE METHODOLOGY; 35,398
(iii) INCORPORATE CHANGES TO THE METHODOLOGY THE UNITED 35,401
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES MAKES AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT; 35,402
(iv) MAKE OTHER CHANGES the medicaid long-term care 35,406
reimbursement study council established by section 5111.34 of the 35,408
Revised Code APPROVES.
(2) The department shall determine case-mix scores for 35,410
intermediate care facilities for the mentally retarded using data 35,411
for each resident, regardless of payment source, from a resident 35,412
assessment instrument prescribed in rules adopted in accordance 35,413
with Chapter 119. of the Revised Code and case-mix values 35,414
established by the department in those rules. 35,415
806
(B) Not later than fifteen days after the end of each 35,417
calendar quarter, each nursing facility and intermediate care 35,418
facility for the mentally retarded shall submit to the department 35,419
the complete assessment data, from the instrument specified in 35,420
rules adopted under division (A) of this section, for each 35,421
resident, regardless of payment source, who was in the facility 35,422
or on hospital or therapeutic leave from the facility on the last 35,423
day of the quarter, unless the facility is permitted in rules 35,424
adopted under division (D) of this section to submit information 35,425
annually rather than quarterly. Not later than fifteen days 35,426
after the end of each calendar year, each intermediate care 35,427
facility for the mentally retarded that is permitted in rules 35,428
adopted under division (D) of this section to submit assessment 35,429
information annually shall submit to the department the complete 35,430
assessment data, from the instrument specified in rules adopted 35,431
under division (A) of this section, for each resident, regardless 35,432
of payment source, who was in the facility or on hospital or 35,433
therapeutic leave from the facility on the last day of the 35,434
calendar year. 35,435
Except as provided in division (C) of this section, the 35,437
department, after the end of each calendar year and pursuant to 35,438
procedures specified in rules adopted in accordance with Chapter 35,439
119. of the Revised Code, shall calculate an annual average 35,440
case-mix score for each nursing facility and intermediate care 35,441
facility for the mentally retarded using the facility's quarterly 35,442
case-mix scores for that calendar year. In the case of an 35,443
intermediate care facility for the mentally retarded that is 35,444
permitted in rules adopted under division (D)(5) of this section 35,445
to submit information annually rather than quarterly, the 35,446
department shall calculate the annual average case-mix score 35,447
using the assessment information for the calendar year, pursuant 35,448
to procedures specified in rules adopted in accordance with 35,449
Chapter 119. of the Revised Code. 35,450
(C)(1) If a facility does not timely submit information 35,452
807
for a calendar quarter necessary to calculate its case-mix score, 35,453
or submits incomplete or inaccurate information for a calendar 35,454
quarter, the department may assign the facility a quarterly 35,455
average case-mix score that is five per cent less than the 35,456
facility's quarterly average case-mix score for the preceding 35,457
calendar quarter. If the facility was subject to an exception 35,458
review under division (C) of section 5111.27 of the Revised Code 35,459
for the preceding calendar quarter, the department may assign a 35,460
quarterly average case-mix score that is five per cent less than 35,461
the score determined by the exception review. If the facility 35,462
was assigned a quarterly average case-mix score for the preceding 35,463
quarter, the department may assign a quarterly average case-mix 35,464
score that is five per cent less than that score assigned for the 35,465
preceding quarter. 35,466
The department may use a quarterly average case-mix score 35,468
assigned under division (C)(1) of this section, instead of a 35,469
quarterly average case-mix score calculated based on the 35,470
facility's submitted information, to calculate the facility's 35,471
rate for direct care costs being established under section 35,472
5111.23 of the Revised Code for one or more months, as specified 35,473
in rules adopted under division (D) of this section, of the 35,474
quarter for which the rate established under section 5111.23 of 35,475
the Revised Code will be paid. 35,476
Before taking action under division (C)(1) of this section, 35,478
the department shall permit the facility a reasonable period of 35,479
time, specified in rules adopted under division (D) of this 35,480
section, to correct the information. The IN THE CASE OF AN 35,481
INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED, THE 35,482
department shall not assign a quarterly average case-mix score 35,484
due to late submission of corrections to assessment information 35,485
unless the facility fails to submit corrected information prior 35,486
to the eighty-first day after the end of the calendar quarter to 35,487
which the information pertains. IN THE CASE OF A NURSING 35,488
FACILITY, THE DEPARTMENT SHALL NOT ASSIGN A QUARTERLY AVERAGE 35,489
808
CASE-MIX SCORE DUE TO LATE SUBMISSION OF CORRECTIONS TO 35,490
ASSESSMENT INFORMATION UNLESS THE FACILITY FAILS TO SUBMIT
CORRECTED INFORMATION PRIOR TO THE EARLIER OF THE EIGHTY-FIRST 35,491
DAY AFTER THE END OF THE CALENDAR QUARTER TO WHICH THE 35,492
INFORMATION PERTAINS OR THE DEADLINE FOR SUBMISSION OF SUCH 35,493
CORRECTIONS ESTABLISHED BY REGULATIONS ADOPTED BY THE UNITED 35,494
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII 35,495
AND XIX OF THE SOCIAL SECURITY ACT. 35,496
(2) If a facility is paid a rate calculated using a 35,498
quarterly average case-mix score assigned under division (C)(1) 35,499
of this section for more than six months in a calendar year, the 35,500
department may assign the facility a cost per case-mix unit that 35,501
is five per cent less than the facility's actual or assigned cost 35,502
per case-mix unit for the preceding calendar year. The 35,503
department may use the assigned cost per case-mix unit, instead 35,504
of calculating the facility's actual cost per case-mix unit in 35,505
accordance with section 5111.23 of the Revised Code, to establish 35,506
the facility's rate for direct care costs for the following 35,507
fiscal year. 35,508
(3) The department shall take action under division (C)(1) 35,510
or (2) of this section only in accordance with rules adopted 35,511
under division (D) of this section. The department shall not 35,512
take an action that affects rates for prior payment periods 35,513
except in accordance with sections 5111.27 and 5111.28 of the 35,514
Revised Code. 35,515
(D) The department may adopt rules in accordance with 35,517
Chapter 119. of the Revised Code that do any of the following: 35,518
(1) Specify the medium or media through which the 35,520
completed assessment information shall be submitted; 35,521
(2) Establish procedures under which the department will 35,523
review assessment information for accuracy and notify the 35,524
facility of any information that requires correction; 35,525
(3) Establish procedures for facilities to correct 35,527
assessment information, which. THE PROCEDURES may prohibit a AN 35,529
809
INTERMEDIATE CARE facility FOR THE MENTALLY RETARDED from 35,530
submitting corrected assessment information, for the purpose of 35,531
calculating its annual average case-mix score, more than two 35,532
calendar quarters after the end of the quarter to which the 35,533
information pertains or, if the information pertains to the 35,534
quarter ending the thirty-first day of December, after the 35,535
thirty-first day of the following March;. THE PROCEDURES MAY 35,536
LIMIT THE CONTENT OF CORRECTIONS BY NURSING FACILITIES IN THE 35,537
MANNER REQUIRED BY REGULATIONS ADOPTED BY THE UNITED STATES 35,538
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII AND 35,539
XIX OF THE SOCIAL SECURITY ACT AND PROHIBIT A NURSING FACILITY 35,541
FROM SUBMITTING CORRECTED ASSESSMENT INFORMATION, FOR THE PURPOSE 35,542
OF CALCULATING ITS ANNUAL AVERAGE CASE-MIX SCORE, MORE THAN THE 35,543
EARLIER OF THE FOLLOWING:
(a) TWO CALENDAR QUARTERS AFTER THE END OF THE QUARTER TO 35,545
WHICH THE INFORMATION PERTAINS OR, IF THE INFORMATION PERTAINS TO 35,546
THE QUARTER ENDING THE THIRTY-FIRST DAY OF DECEMBER, AFTER THE 35,547
THIRTY-FIRST DAY OF THE FOLLOWING MARCH; 35,548
(b) THE DEADLINE FOR SUBMISSION OF SUCH CORRECTIONS 35,550
ESTABLISHED BY REGULATIONS ADOPTED BY THE UNITED STATES 35,551
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII AND 35,552
XIX OF THE SOCIAL SECURITY ACT. 35,553
(4) Specify when and how the department will assign 35,555
case-mix scores or costs per case-mix unit under division (C) of 35,556
this section if information necessary to calculate the facility's 35,557
average annual or quarterly case-mix score is not provided or 35,558
corrected in accordance with the procedures established by the 35,559
rules. Notwithstanding any other provision of sections 5111.20 35,560
to 5111.32 of the Revised Code, the rules also may provide for 35,561
exclusion of case-mix scores assigned under division (C) of this 35,562
section from calculation of the facility's annual average 35,563
case-mix score and the maximum cost per case-mix unit for the 35,564
facility's peer group. 35,565
(5) Permit some or all intermediate care facilities for 35,567
810
the mentally retarded to submit assessment information annually 35,568
with their cost reports, instead of quarterly. 35,569
Sec. 5112.01. As used in sections 5112.02 5112.03 to 35,578
5112.21 of the Revised Code: 35,579
(A)(1) "Hospital" means a nonfederal hospital to which 35,581
either of the following applies: 35,582
(a) The hospital is registered under section 3701.07 of 35,584
the Revised Code as a general medical and surgical hospital or a 35,585
pediatric general hospital, and provides inpatient hospital 35,586
services, as defined in 42 C.F.R. 440.10; 35,587
(b) The hospital is recognized under the medicare program 35,589
established by Title XVIII of the "Social Security Act," 49 Stat. 35,591
620 (1935), 42 U.S.C.A. 301, as amended, as a cancer hospital and 35,593
is exempt from the medicare prospective payment system. 35,594
"Hospital" does not include a hospital operated by a health 35,596
insuring corporation that has been issued a certificate of 35,598
authority under section 1751.05 of the Revised Code or a hospital 35,600
that does not charge patients for services. 35,601
(2) "Disproportionate share hospital" means a hospital 35,603
that meets the definition of a disproportionate share hospital in 35,604
rules adopted under section 5112.03 of the Revised Code. 35,605
(B) "Bad debt," "charity care," "courtesy care," and 35,607
"contractual allowances" have the same meanings given these terms 35,608
in regulations adopted under Title XVIII of the "Social Security 35,610
Act." 35,611
(C) "Cost reporting period" means the twelve-month period 35,613
used by a hospital in reporting costs for purposes of Title XVIII 35,615
of the "Social Security Act." 35,616
(D) "Governmental hospital" means a county hospital with 35,618
more than five hundred registered beds or a state-owned and 35,620
-operated hospital with more than five hundred registered beds. 35,621
(E) "Indigent care pool" means the sum of the following: 35,623
(1) The total of assessments to be paid in a program year 35,625
by all hospitals under section 5112.06 of the Revised Code, less 35,626
811
the assessments deposited into the legislative budget services 35,627
fund under section 5112.19 of the Revised Code; 35,629
(2) The total amount of intergovernmental transfers 35,631
required to be made in the same program year by governmental 35,632
hospitals under section 5112.07 of the Revised Code, less the 35,633
amount of transfers deposited into the legislative budget 35,635
services fund under section 5112.19 of the Revised Code; 35,636
(3) The total amount of federal matching funds that will 35,638
be made available in the same program year as a result of 35,639
payments FUNDS DISTRIBUTED BY the department of human services 35,640
makes to hospitals under section 5112.08 of the Revised Code. 35,642
(F) "Intergovernmental transfer" means any transfer of 35,644
money by a governmental hospital under section 5112.07 of the 35,645
Revised Code.
(G) "Medical assistance program" means the program of 35,647
medical assistance established under section 5111.01 of the 35,648
Revised Code and Title XIX of the "Social Security Act." 35,649
(H) "Program year" means a period beginning the first day 35,651
of October, or a later date designated in rules adopted under 35,652
section 5112.03 of the Revised Code, and ending the thirtieth day 35,653
of September, or an earlier date designated in rules adopted 35,654
under that section. 35,655
(I) "Registered beds" means the total number of hospital 35,657
beds registered with the department of health, as reported in the 35,658
most recent "directory of registered hospitals" published by the 35,659
department of health. 35,660
(J) "Total facility costs" means the total costs for all 35,662
services rendered to all patients, including the direct, 35,663
indirect, and overhead cost to the hospital of all services, 35,664
supplies, equipment, and capital related to the care of patients, 35,665
regardless of whether patients are enrolled in a health insuring 35,667
corporation, excluding costs associated with providing skilled 35,669
nursing services in distinct-part nursing facility units, as 35,670
shown on the hospital's cost report filed under section 5112.04 35,671
812
of the Revised Code. Effective October 1, 1993, if rules adopted 35,672
under section 5112.03 of the Revised Code so provide, "total 35,673
facility costs" may exclude costs associated with providing care 35,674
to recipients of any of the governmental programs listed in 35,675
division (B) of that section.
(K) "Uncompensated care" means bad debt and charity care. 35,677
Sec. 5112.03. (A) The director of human services shall 35,686
adopt, and may amend and rescind, rules in accordance with 35,687
Chapter 119. of the Revised Code for the purpose of administering 35,688
sections 5112.01 to 5112.21 of the Revised Code, including rules 35,689
that do all of the following: 35,690
(1) Define as a "disproportionate share hospital" any 35,692
hospital included under subsection (b) of section 1923 of the 35,693
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 35,694
1396r-4(b), as amended, and any other hospital the director 35,695
determines appropriate;
(2) Prescribe the form for submission of cost reports 35,697
under section 5112.04 of the Revised Code; 35,698
(3) Establish, in accordance with division (B)(A) of 35,700
section 5112.06 of the Revised Code, the ASSESSMENT rate of 35,701
hospital assessments OR RATES to be applied TO HOSPITALS under 35,704
that section;
(4) Establish schedules for hospitals to pay installments 35,706
on their assessments under section 5112.06 of the Revised Code 35,707
and for governmental hospitals to pay installments on their 35,708
intergovernmental transfers under section 5112.07 of the Revised 35,709
Code;
(5) Establish procedures to notify hospitals of 35,711
adjustments made under division (C)(B)(2)(b) of section 5112.06 35,713
of the Revised Code in the amount of installments on their
assessment; 35,714
(6) Establish procedures to notify hospitals of 35,716
adjustments made under division (D) of section 5112.09 of the 35,717
Revised Code in the total amount of their assessment and to 35,718
813
adjust for the remainder of the program year the amount of the 35,719
installments on the assessments; 35,720
(7) Establish, in accordance with section 5112.08 of the 35,722
Revised Code, the methodology for paying hospitals under that 35,723
section. 35,724
The director shall consult with hospitals when adopting the 35,726
rules required by divisions (A)(4) and (5) of this section in 35,727
order to minimize hospitals' cash flow difficulties. 35,728
(B) Rules adopted under this section may provide that 35,730
"total facility costs" excludes costs associated with any of the 35,732
following:
(1) Recipients of the medical assistance program; 35,734
(2) Recipients of general assistance medical assistance 35,736
provided under FORMER Chapter 5113. of the Revised Code; 35,738
(3) Recipients of disability assistance medical assistance 35,741
provided under Chapter 5115. of the Revised Code; 35,742
(4) Recipients of the program for medically handicapped 35,744
children established under section 3701.023 of the Revised Code; 35,746
(5) Recipients of the medicare program established under 35,748
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 35,751
U.S.C.A. 301, as amended; 35,752
(6) Recipients of Title V of the "Social Security Act"; 35,755
(7) Any other category of costs deemed appropriate by the 35,757
director in accordance with Title XIX of the "Social Security 35,759
Act" and the rules adopted under that title. 35,760
Sec. 5112.06. (A) For the purpose of making payments 35,769
DISTRIBUTING FUNDS to hospitals under the medical assistance 35,770
program PURSUANT TO SECTIONS 5112.01 TO 5112.21 OF THE REVISED 35,771
CODE, there is hereby imposed on each hospital an assessment on 35,772
total facility costs at a rate to be AN ASSESSMENT ON ALL 35,773
HOSPITALS. EACH HOSPITAL'S ASSESSMENT SHALL BE BASED ON TOTAL 35,774
FACILITY COSTS. ALL HOSPITALS SHALL BE ASSESSED ACCORDING TO THE 35,775
RATE OR RATES established each program year by the department of 35,776
human services, in accordance with division (B) of this section, 35,777
814
in rules adopted under section 5112.03 of the Revised Code. THE 35,778
(B) The department shall assess each hospital at the same 35,780
rate ALL HOSPITALS UNIFORMLY AND IN A MANNER CONSISTENT WITH 35,781
FEDERAL STATUTES AND REGULATIONS. During any program year, the 35,784
department shall not assess hospitals at a rate greater ANY 35,786
HOSPITAL MORE than two per cent of each THE hospital's total 35,789
facility costs.
The department shall establish an assessment rate OR RATES 35,791
each program year that will do both of the following: 35,792
(1) Yield funds that, when combined with intergovernmental 35,794
transfers and federal matching funds, will produce a program of 35,795
sufficient size to pay a substantial portion of the indigent care 35,796
provided by hospitals; 35,797
(2) Yield funds that, when combined with intergovernmental 35,799
transfers and federal matching funds, will produce payments 35,800
AMOUNTS FOR DISTRIBUTION to disproportionate share hospitals that 35,802
do not exceed, in the aggregate, the limits prescribed by the 35,803
United States health care financing administration under 35,805
subparagraph SUBSECTION (f)(2)(A) of section 1923 of the "Social 35,808
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f)(2)(A), 35,811
as amended.
(C)(B)(1) Except as provided in division (C)(B)(3) of this 35,814
section, each hospital shall pay its assessment in periodic 35,815
installments in accordance with a schedule established by the 35,816
director of human services in rules adopted under section 5112.03 35,817
of the Revised Code. 35,818
(2) The installments shall be equal in amount, unless 35,821
either of the following applies:
(a) The department makes adjustments during a program year 35,823
under division (D) of section 5112.09 of the Revised Code in the 35,824
total amount of hospitals' assessments; 35,825
(b) The director of human services determines that 35,827
adjustments in the amounts of installments are necessary for the 35,829
administration of sections 5112.01 to 5112.21 of the Revised Code 35,830
815
and that unequal installments will not create cash flow 35,831
difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of 35,834
the Revised Code establishing alternate schedules for hospitals 35,835
to pay assessments under this section in order to reduce 35,836
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human services may 35,845
require governmental hospitals to make intergovernmental 35,846
transfers each program year. The department shall not require 35,847
transfers in an amount that, when combined with hospital 35,848
assessments paid under section 5112.06 of the Revised Code and 35,849
federal matching funds, produce payments AMOUNTS FOR DISTRIBUTION 35,851
to disproportionate share hospitals that, in the aggregate, 35,852
exceed limits prescribed by the United States health care 35,853
financing administration under subparagraph SUBSECTION (f)(2)(A) 35,854
of section 1923 of the "Social Security Act," 49 Stat. 620 35,856
(1935), 42 U.S.C.A. 1396r-4(f)(2)(A), as amended.
(B) Before or during each program year, the department 35,859
shall notify each governmental hospital of the amount of the 35,860
intergovernmental transfer it is required to make during the 35,861
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 35,862
this section in periodic installments, executed by electronic 35,863
fund transfer, in accordance with a schedule established in rules 35,864
adopted under section 5112.03 of the Revised Code. 35,865
Sec. 5112.08. The director of human services shall adopt 35,874
rules under section 5112.03 of the Revised Code establishing a 35,875
methodology to pay hospitals that is sufficient to expend all 35,876
money in the indigent care pool. Under the rules: 35,877
(A) The department of human services shall MAY classify 35,879
similar hospitals into groups and allocate funds for distribution 35,880
within each group. 35,881
(B) The department shall establish a method of allocating 35,883
funds to each group of hospitals, taking into consideration the 35,884
816
relative amount of indigent care provided by each HOSPITAL OR 35,885
group OF HOSPITALS. The amount to be allocated to each group 35,887
shall be based on any combination of the following indicators of 35,888
indigent care that the director considers appropriate: 35,889
(1) Total costs, volume, or proportion of services to 35,891
recipients of the medical assistance program, including 35,892
recipients enrolled in health insuring corporations; 35,894
(2) Total costs, volume, or proportion of services to 35,896
low-income patients in addition to recipients of the medical 35,897
assistance program, which may include recipients of Title V of 35,899
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 35,901
as amended, general assistance established under FORMER Chapter 35,903
5113. of the Revised Code, and disability assistance established 35,904
under Chapter 5115. of the Revised Code; 35,905
(3) The amount of uncompensated care provided by the 35,907
HOSPITAL OR GROUP OF hospitals; 35,908
(4) Other factors that the director considers to be 35,910
appropriate indicators of indigent care. 35,911
(C) The department shall distribute funds to hospitals in 35,913
each HOSPITAL OR group OF HOSPITALS in a manner that first may 35,914
provide for an additional payment DISTRIBUTION to individual 35,916
hospitals that provide a high proportion of indigent care in 35,918
relation to the total care provided by the hospital or in 35,919
relation to other hospitals. The department shall establish a 35,920
formula to distribute the remainder of the funds allocated to the 35,921
group to all hospitals in the group. The formula shall be 35,922
consistent with section 1923 of the "Social Security Act," 42 35,923
U.S.C.A. 1396r-4, as amended, and shall be based on any 35,926
combination of the indicators of indigent care listed in division 35,927
(B) of this section that the director considers appropriate. 35,928
(D) The department shall make payments DISTRIBUTE FUNDS to 35,930
each hospital in installments not later than ten working days 35,932
after the deadline established in rules for each hospital to pay 35,933
an installment on its assessment under section 5112.06 of the 35,934
817
Revised Code. In the case of a governmental hospital that makes 35,935
intergovernmental transfers, the department shall pay an 35,936
installment under this section not later than ten working days 35,937
after the earlier of that deadline or the deadline established in 35,938
rules for the governmental hospital to pay an installment on its 35,939
intergovernmental transfer. If the amount in the hospital care 35,940
assurance program fund and the hospital care assurance match fund 35,941
created under section 5112.18 of the Revised Code is insufficient 35,942
to make the total payments DISTRIBUTIONS for which hospitals are 35,943
eligible to receive in any period, the department shall reduce 35,945
the amount of each payment DISTRIBUTION by the percentage by 35,946
which the amount is insufficient. The department shall pay 35,948
DISTRIBUTE TO hospitals any amounts not paid DISTRIBUTED in the 35,950
period in which they are due as soon as moneys are available in 35,951
the funds.
Sec. 5112.09. (A) Before or during each program year, the 35,960
department of human services shall mail to each hospital by 35,963
certified mail, return receipt requested, the preliminary
determination of the amount that the hospital is assessed under 35,965
section 5112.06 of the Revised Code during the program year. The 35,966
department shall make the preliminary determination of each A 35,967
hospital's assessment by multiplying the rate established under 35,969
division (B) of section 5112.06 of the Revised Code by the 35,972
hospital's total facility costs for the hospital's most recent 35,973
fiscal year ending in the calendar year preceding the first day 35,974
of July, except that:
(1) In the program year ending in 1995, the department 35,976
shall multiply the rate by the hospital's total facility costs 35,977
for the hospital's cost reporting period ending in state fiscal 35,978
year 1994;
(2) In program years ending in 1996 and thereafter, the 35,980
department shall multiply the rate by the hospital's total 35,981
facility costs SHALL BE CALCULATED for a cost-reporting period 35,984
THAT IS specified in rules adopted under section 5112.03 of the
818
Revised Code. 35,985
The department shall consult with hospitals each year when 35,987
determining the date on which it will mail the preliminary 35,988
determinations in order to minimize hospitals' cash flow 35,989
difficulties.
If no hospital submits a request for reconsideration under 35,991
division (B) of this section, the preliminary determination 35,992
constitutes the final reconciliation of each hospital's 35,993
assessment under section 5112.06 of the Revised Code. The final 35,994
reconciliation is subject to adjustments under division (D) of 35,995
this section. 35,996
(B) Not later than fourteen days after the preliminary 35,998
determinations are mailed, any hospital may submit to the 36,001
department a written request to reconsider the preliminary 36,002
determinations. The request shall be accompanied by written 36,003
materials setting forth the basis for the reconsideration. If 36,004
one or more hospitals submit a request, the department shall hold 36,005
a public hearing not later than thirty days after the preliminary 36,006
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 36,007
written notice of the date, time, and place of the hearing at 36,008
least ten days prior to the hearing. On the basis of the 36,009
evidence submitted to the department or presented at the public 36,010
hearing, the department shall reconsider and may adjust the 36,011
preliminary determinations. The result of the reconsideration is 36,012
the final reconciliation of the hospital's assessment under 36,013
section 5112.06 of the Revised Code. The final reconciliation is 36,014
subject to adjustments under division (D) of this section. 36,015
(C) The department shall mail to each hospital a written 36,018
notice of its assessment for the program year under the final 36,019
reconciliation. A hospital may appeal the final reconciliation 36,021
of its assessment to the court of common pleas of Franklin 36,022
county. While a judicial appeal is pending, the hospital shall 36,023
pay, in accordance with the schedules required by division (C)(B) 36,024
819
of section 5112.06 of the Revised Code, any amount of its 36,025
assessment that is not in dispute into the hospital care 36,026
assurance program fund created in section 5112.18 of the Revised
Code.
(D) In the course of any program year, the department may 36,028
adjust the assessment rate OR RATES established in rules pursuant 36,029
to section 5112.06 of the Revised Code or adjust the amounts of 36,030
intergovernmental transfers required under section 5112.07 of the 36,031
Revised Code and, as a result of the adjustment, adjust each 36,033
hospital's assessment and intergovernmental transfer, to reflect 36,034
refinements made by the United States health care financing 36,035
administration during that program year to the limits it 36,036
prescribed under subparagraph SUBSECTION (f)(2)(A) of section 36,038
1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 36,041
U.S.C.A. 1396r-4(f)(2)(A), as amended. An WHEN adjusted, THE 36,043
assessment rate OR RATES must comply with division (B)(A) of 36,045
section 5112.06 of the Revised Code. An adjusted 36,047
intergovernmental transfer must comply with division (A) of 36,049
section 5112.07 of the Revised Code. The department shall notify 36,050
hospitals of adjustments made under this division and adjust for
the remainder of the program year the installments paid by 36,052
hospitals under sections 5112.06 and 5112.07 of the Revised Code
in accordance with rules adopted under section 5112.03 of the 36,053
Revised Code.
Sec. 5112.17. (A) As used in this section: 36,062
(1) "Federal poverty guideline" means the official poverty 36,064
guideline as revised annually by the United States secretary of 36,065
health and human services in accordance with section 673 of the 36,066
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 36,067
U.S.C.A. 9902, as amended, for a family size equal to the size of 36,068
the family of the person whose income is being determined. 36,069
(2) "Third-party payer" means any private or public entity 36,071
or program that may be liable by law or contract to make payment 36,072
to or on behalf of an individual for health care services. 36,073
820
"Third-party payer" does not include a hospital. 36,074
(B) Each hospital that receives payments FUNDS DISTRIBUTED 36,076
under sections 5112.01 to 5112.21 of the Revised Code shall 36,078
provide, without charge to the individual, basic, medically 36,079
necessary hospital-level services to individuals who are 36,080
residents of this state, are not recipients of the medical
assistance program, and whose income is at or below the federal 36,082
poverty guideline. Recipients of disability assistance under 36,085
Chapter 5115. of the Revised Code qualify for services under this 36,086
section. The department of human services shall adopt rules 36,087
under section 5112.03 of the Revised Code specifying the hospital 36,088
services to be provided under this section. 36,089
(C) BEFORE USING A PORTION OF THE FUNDS RECEIVED UNDER 36,091
SECTIONS 5112.01 TO 5112.21 OF THE REVISED CODE AS THE SOURCE OF 36,092
REIMBURSEMENT FOR PROVIDING HOSPITAL SERVICES TO AN INDIVIDUAL, A 36,093
HOSPITAL MAY TAKE ACTIONS TO ENSURE THAT THERE IS NO OTHER 36,094
THIRD-PARTY PAYER AVAILABLE. Hospitals may bill any third-party 36,095
payer for services rendered under this section. Hospitals may 36,097
bill the medical assistance program, in accordance with Chapter 36,098
5111. of the Revised Code and the rules adopted under that 36,099
chapter, for services rendered under this section if the 36,100
individual becomes a recipient of the program. Hospitals may 36,101
bill individuals for services under this section if all of the 36,102
following apply:
(1) The hospital has an established post-billing procedure 36,104
for determining the individual's income and canceling the charges 36,105
if the individual is found to qualify for services under this 36,106
section. 36,107
(2) The initial bill, and at least the first follow-up 36,109
bill, is accompanied by a written statement that does all of the 36,110
following: 36,111
(a) Explains that individuals with income at or below the 36,113
federal poverty guideline are eligible for services without 36,114
charge; 36,115
821
(b) Specifies the federal poverty guideline for 36,117
individuals and families of various sizes at the time the bill is 36,118
sent; 36,119
(c) Describes the procedure required by division (C)(1) of 36,121
this section. 36,122
(3) The hospital complies with any additional rules the 36,124
department adopts under section 5112.03 of the Revised Code. 36,125
Notwithstanding division (B) of this section, a hospital 36,127
providing care to an individual under this section is subrogated 36,128
to the rights of any individual to receive compensation or 36,129
benefits from any person or governmental entity for the hospital 36,130
goods and services rendered. 36,131
(D) Each hospital shall collect and report to the 36,133
department, in the form and manner prescribed by the department, 36,134
information on the number and identity of patients served 36,135
pursuant to this section. 36,136
(E) This section applies beginning May 22, 1992, 36,138
regardless of whether the department has adopted rules specifying 36,139
the services to be provided. Nothing in this section alters the 36,140
scope or limits the obligation of any governmental entity or 36,141
program, including the program awarding reparations to victims of 36,142
crime under sections 2743.51 to 2743.72 of the Revised Code and 36,143
the program for medically handicapped children established under 36,145
section 3701.023 of the Revised Code, to pay for hospital 36,146
services in accordance with state or local law. 36,147
Sec. 5112.18. (A) Except as provided in section 5112.19 36,156
of the Revised Code, all payments of assessments by hospitals 36,157
under section 5112.06 of the Revised Code and all 36,158
intergovernmental transfers under section 5112.07 of the Revised 36,159
Code shall be deposited in the state treasury to the credit of 36,160
the hospital care assurance program fund, hereby created. All 36,161
investment earnings of the hospital care assurance program fund 36,162
shall be credited to the fund. The department of human services 36,163
shall maintain records that show the amount of money in the 36,164
822
hospital care assurance program fund at any time that has been 36,165
paid by each hospital and the amount of any investment earnings 36,166
on that amount. All moneys credited to the hospital care 36,167
assurance program fund shall be used solely to make payments to 36,168
hospitals under division (D) of this section and section 5112.08 36,170
of the Revised Code.
(B) All federal matching funds received as a result of 36,172
payments the department makes DISTRIBUTING FUNDS from the 36,173
hospital care assurance program fund to hospitals under section 36,175
5112.08 of the Revised Code shall be credited to the hospital 36,176
care assurance match fund, which is hereby created in the state 36,177
treasury. All money credited to the hospital care assurance 36,178
match fund shall be used solely to make payments FOR DISTRIBUTING 36,179
FUNDS to hospitals under section 5112.08 of the Revised Code. 36,181
(C) All payments DISTRIBUTIONS OF FUNDS to hospitals under 36,183
section 5112.08 of the Revised Code are conditional on: 36,185
(1) Expiration of the time for appeals under section 36,187
5112.09 of the Revised Code without the filing of an appeal, or 36,188
on court determinations, in the event of appeals, that the 36,189
hospital is entitled to the payments FUNDS; 36,190
(2) The availability of sufficient moneys in the hospital 36,192
care assurance program fund and the hospital care assurance match 36,193
fund to make DISTRIBUTE the payments FUNDS after the final 36,195
determination of any appeals; 36,196
(3) The hospital's compliance with section 5112.17 of the 36,198
Revised Code.
(D) If an audit conducted by the department of the amounts 36,200
of payments made and FUNDS received by hospitals under sections 36,201
5112.06, 5112.07, and 5112.08 of the Revised Code identifies 36,202
amounts that, due to errors by the department, a hospital should 36,203
not have been required to pay but did pay, should have been 36,204
required to pay but did not pay, should not have received but did 36,205
receive, or should have received but did not receive, the 36,206
department shall: 36,207
823
(1) Make payments to any hospital that the audit reveals 36,209
paid amounts it should not have been required to pay or did not 36,210
receive amounts it should have received; 36,211
(2) Take action to recover from a hospital any amounts 36,213
that the audit reveals it should have been required to pay but 36,214
did not pay or that it should not have received but did receive. 36,215
Payments made under division (D)(1) of this section shall 36,217
be made from the hospital care assurance program fund. Amounts 36,218
recovered under division (D)(2) of this section shall be 36,219
deposited to the credit of that fund. Any hospital may appeal 36,220
the amount the hospital is to be paid under division (D)(1) or 36,221
the amount that is to be recovered from the hospital under 36,222
division (D)(2) of this section to the court of common pleas of 36,223
Franklin county. 36,224
Sec. 5115.01. (A) There is hereby established the 36,233
disability assistance program. Except as provided in division 36,234
(D) of this section, a disability assistance recipient shall 36,236
receive financial assistance. Except as provided in section 36,237
5115.11 of the Revised Code, a disability assistance recipient 36,238
also shall receive disability assistance medical assistance. 36,239
Except as provided by division (B) of this section, a 36,241
person who meets all of the following requirements is eligible 36,242
for disability assistance: 36,243
(1) The person is ineligible to participate in the Ohio 36,245
works first program established under Chapter 5107. of the 36,248
Revised Code and to receive supplemental security income provided 36,250
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 36,251
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 36,253
(a) Under age eighteen; 36,255
(b) Age sixty or older; 36,257
(c) Pregnant; 36,259
(d) Unable to do any substantial or gainful activity by 36,261
reason of a medically determinable physical or mental impairment 36,262
824
that can be expected to result in death or has lasted or can be 36,263
expected to last for not less than nine months;
(e) An active participant in A RESIDENT OF A RESIDENTIAL 36,266
TREATMENT CENTER CERTIFIED AS an alcohol or drug addiction 36,267
program certified by the department of alcohol and drug addiction 36,268
services under section 3793.06 of the Revised Code, including a 36,269
former recipient of supplemental security income who lost 36,270
eligibility for that program because of the enactment of 36,271
paragraph (b)(1) of section 105 of the "Contract With America 36,274
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 36,279
A person on a waiting list to participate in an alcohol or drug 36,281
addiction program, or otherwise not participating in a program 36,282
while waiting for treatment services at a program to become 36,283
available, is not an active participant. 36,284
(f) Medication dependent as determined by a physician, as 36,286
defined in section 4730.01 of the Revised Code, who has certified 36,287
to the county department of human services that the person is 36,288
receiving ongoing treatment for a chronic medical condition 36,289
requiring continuous prescription medication for an indefinite, 36,290
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 36,291
of employability lasting at least nine months. 36,292
(3) The person meets the eligibility requirements 36,294
established by the department of human services in rules adopted 36,295
under section 5115.05 of the Revised Code. 36,296
(B)(1) A person is ineligible for disability assistance if 36,298
the person is ineligible to participate in the Ohio works first 36,301
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 36,305
Code;
(b) The person's extended eligibility to participate in 36,308
the Ohio works first program made possible by the earned income 36,309
disregard established under division (D)(2) of section 5107.10 of 36,311
the Revised Code has ceased due to the limited number of months 36,312
825
the disregard is applied;
(c) The time limit established by section 5107.18 of the 36,315
Revised Code;
(d)(c) Failure to comply with an application or 36,317
verification procedure; 36,318
(e)(d) The fraud control program established pursuant to 36,321
45 C.F.R. 235.112, as in effect July 1, 1996. 36,322
(2) A person under age eighteen is ineligible for 36,324
disability assistance pursuant to division (B)(1)(a) of this 36,326
section only if the person caused the assistance group to be 36,327
ineligible to participate in the Ohio works first program or 36,329
resides with a person age eighteen or older who was a member of 36,330
the same ineligible assistance group. A person age eighteen or 36,331
older is ineligible for disability assistance pursuant to 36,332
division (B)(1)(a) of this section regardless of whether the 36,333
person caused the assistance group to be ineligible to 36,334
participate in the Ohio works first program.
(C) The county department of human services that serves 36,337
the county in which a person receiving disability assistance 36,338
pursuant to division (A)(2)(e) of this section participates in an 36,340
alcohol or drug addiction program shall designate a 36,341
representative payee for purposes of receiving and distributing 36,342
financial assistance provided under the disability assistance 36,343
program to the person.
(D) A person eligible for disability assistance pursuant 36,345
to division (A)(2)(f) of this section shall not receive financial 36,346
assistance.
(E) The department shall adopt rules in accordance with 36,348
section 111.15 of the Revised Code defining terms and 36,349
establishing standards for determining whether a person meets a 36,350
condition of disability assistance eligibility pursuant to this 36,351
section.
Sec. 5117.07. (A) On or before the first day of October, 36,360
the tax commissioner shall review all applications submitted 36,361
826
under division (C) of section 5117.03 of the Revised Code and 36,362
shall determine the eligibility of each applicant to receive a 36,363
credit or payment. THE TOTAL INCOME AND CURRENT TOTAL INCOME 36,364
AMOUNTS SET FORTH IN DIVISION (A) OF THIS SECTION ARE SUBJECT TO 36,365
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 36,366
(1) An applicant is eligible for a credit of thirty per 36,368
cent if the applicant is a head of household, has a total income 36,369
of five thousand dollars or less or a current total income of two 36,370
thousand five hundred dollars or less, owns and occupies or rents 36,371
and occupies a household receiving the source of energy for its 36,372
primary heating system from an energy company and such energy is 36,373
separately metered, and is either of the following: 36,374
(a) Sixty-five years of age or older; 36,376
(b) Permanently and totally disabled. 36,378
(2) An applicant is eligible for a credit of twenty-five 36,380
per cent if the applicant is a head of household, has a total 36,381
income of more than five thousand dollars but not more than nine 36,382
thousand dollars or a current total income of more than two 36,383
thousand five hundred dollars but not more than four thousand 36,384
five hundred dollars, is sixty-five years of age or older or 36,385
permanently and totally disabled, and owns and occupies or rents 36,386
and occupies a household receiving the source of energy for its 36,387
primary heating system from an energy company and such energy is 36,388
separately metered. 36,389
(3) An applicant is eligible for a payment if either of 36,391
the following applies to the applicant: 36,392
(a) He THE APPLICANT would be eligible for the credit 36,394
under division (A)(1) or (2) of this section but for the fact 36,396
that the source of energy for the primary heating system of the 36,397
applicant's household is not separately metered; 36,398
(b) He THE APPLICANT is a head of household, has a total 36,400
income of no more than nine thousand dollars or a current total 36,402
income of no more than four thousand five hundred dollars, is 36,403
sixty-five years of age or older or permanently and totally 36,404
827
disabled, and owns and occupies or rents and occupies a household 36,405
receiving the source of energy for its primary heating system 36,406
from an energy dealer.
(4) In the case of a multiple unit dwelling for which 36,408
separate metering for the source of energy for its primary 36,409
heating system is not provided, more than one applicant occupying 36,410
such dwelling may be determined eligible for a payment under 36,411
division (A)(3)(a) of this section. 36,412
(B) Notwithstanding division (A) of this section: 36,414
(1) No head of household who resides in public housing or 36,416
receives a rent subsidy from a government agency is eligible for 36,417
a credit or payment unless the person's rent subsidy does not 36,418
reflect the costs of his THAT PERSON'S household receiving the 36,419
source of energy for its primary heating system; 36,421
(2) A resident of a nursing home, hospital, or other 36,423
extended health care facility is not eligible for a credit or 36,424
payment for the costs of providing the source of energy for the 36,425
primary heating system of the facility. 36,426
(C) The tax commissioner shall establish a procedure 36,428
whereby he THE COMMISSIONER can verify total income and current 36,429
total income for the calendar year in which an applicant is 36,431
determined eligible for a payment or credit. If a person 36,432
receives a credit or payment that he THE PERSON is ineligible to 36,433
receive under division (A) of this section, that person shall 36,435
refund to the tax commissioner the credit or payment, or excess 36,436
portion of a credit or payment, he THAT PERSON received. The sum 36,437
refunded shall be deposited in the state treasury to the credit 36,439
of the general revenue fund.
(D) The tax commissioner may request an additional 36,441
certification of permanent and total disability for any applicant 36,442
claiming such status on an application renewal form submitted 36,443
under section 5117.03 of the Revised Code. Such certification 36,444
shall be requested from the person or agency named on the form 36,445
pursuant to division (B)(1) of section 5117.03 of the Revised 36,446
828
Code. If such additional certification is refused due to a 36,447
conclusion by the person or agency that the applicant is not 36,448
permanently and totally disabled, the commissioner shall 36,449
determine the applicant ineligible for any credit or payment. If 36,450
such additional certification is unavailable or refused for any 36,451
other reason, the tax commissioner may determine the applicant to 36,452
be eligible for a credit or payment provided he THE COMMISSIONER 36,453
has good cause to believe the applicant is permanently and 36,455
totally disabled.
(E) On or before the first day of October, the tax 36,457
commissioner shall notify each applicant of the disposition of 36,458
his THE APPLICANT'S application under divisions (A) and (B) of 36,459
this section. At the same time, he THE TAX COMMISSIONER shall 36,461
notify the applicant, regardless of whether his THE APPLICANT'S 36,463
application is approved or disapproved, that the applicant may be 36,465
eligible to participate in a state or federal weatherization 36,466
program and should contact his THE APPLICANT'S community action 36,467
agency for further information. If an application is 36,468
disapproved, the applicant may appeal to the tax commissioner for 36,469
a hearing on the matter. A notice of disapproval shall include a 36,470
detailed explanation of the applicant's right of appeal under 36,471
this chapter. Any such appeal shall be on an appeal form 36,472
prescribed by the tax commissioner and shall be filed with the 36,473
tax commissioner within twenty days of the receipt of the notice 36,474
of disapproval. 36,475
Sec. 5117.071. (A) EACH YEAR, THE TAX COMMISSIONER SHALL 36,477
ADJUST THE TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 36,479
5117.09 OF THE REVISED CODE BY COMPLETING THE FOLLOWING STEPS: 36,480
(1) DETERMINE THE PERCENTAGE INCREASE IN THE GROSS 36,482
DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC 36,483
ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE 36,484
PRECEDING YEAR; 36,485
(2) MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL 36,487
INCOME AMOUNTS FOR THE PRECEDING YEAR; 36,488
829
(3) ADD THE RESULTING PRODUCTS TO EACH OF THE TOTAL INCOME 36,490
AMOUNTS FOR THE PRECEDING YEAR; 36,491
(4) ROUND THE RESULTING SUMS UPWARD TO THE NEAREST 36,493
MULTIPLE OF TEN DOLLARS. 36,494
THE COMMISSIONER SHALL NOT MAKE THE ADJUSTMENT IN ANY YEAR 36,496
IN WHICH THE AMOUNTS RESULTING FROM THE ADJUSTMENT WOULD BE LESS 36,497
THAN THE TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR. 36,499
(B) EACH YEAR, THE TAX COMMISSIONER ALSO SHALL ADJUST THE 36,502
CURRENT TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 36,503
5117.09 OF THE REVISED CODE. FOR ANY YEAR, THE CURRENT TOTAL
INCOME AMOUNTS SHALL EQUAL ONE-HALF OF THE RESPECTIVE TOTAL 36,504
INCOME AMOUNTS SET FORTH IN THOSE SECTIONS AND ADJUSTED UNDER 36,505
DIVISION (A) OF THIS SECTION FOR THAT YEAR. 36,506
(C) THE TAX COMMISSIONER AND EACH ENERGY COMPANY AND 36,508
ENERGY DEALER SHALL USE THE ADJUSTED TOTAL INCOME AND CURRENT 36,509
TOTAL INCOME AMOUNTS DETERMINED UNDER THIS SECTION IN PERFORMING 36,511
THEIR DUTIES UNDER SECTIONS 5117.01 TO 5117.12 OF THE REVISED 36,512
CODE.
Sec. 5117.09. (A)(1) With respect to each of its 36,521
residential customers, every energy company shall, after receipt 36,522
of a certification list provided under division (A) of section 36,523
5117.08 of the Revised Code, cause the granting of a credit in 36,524
accordance with this section against the monthly billing of each 36,525
household appearing on the list except as provided in division 36,526
(A) of section 5117.08 of the Revised Code. In the case of an 36,527
applicant who has a total income of five thousand dollars or less 36,528
or a current total income of two thousand five hundred dollars or 36,529
less, the credit shall amount to thirty per cent of the current 36,530
monthly bill rendered to such household by the company for the 36,531
billing months of December, January, February, March, and April 36,532
following the receipt of a list on which the household appears. 36,533
In the case of an applicant who has a total income of more than 36,534
five thousand dollars but not more than nine thousand dollars or 36,535
a current total income of more than two thousand five hundred 36,536
830
dollars but not more than four thousand five hundred dollars, the 36,537
credit shall amount to twenty-five per cent of the current 36,538
monthly bill rendered to such household by the company for the 36,539
billing months of December, January, February, March, and April 36,540
following the receipt of a list on which the household appears. 36,541
If purchased power costs are incurred by an energy company during 36,542
the billing month for which a credit is provided under this 36,543
division, the credit shall also be applied to such costs, whether 36,544
or not the costs are charged to a current montly MONTHLY bill for 36,545
such months. 36,546
(2) THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 36,548
FORTH IN DIVISION (A)(1) OF THIS SECTION ARE SUBJECT TO 36,549
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 36,550
(B) Every energy company shall read the meter of each of 36,552
its qualified residential customers who may receive a credit 36,553
under division (A) of this section at least one time for the 36,554
service period of November and at least one time in the service 36,555
period for the current monthly bill rendered for the billing 36,556
month of April. In the event a company is unable to read a meter 36,557
because of failure to gain access after a good faith effort or 36,558
because a certification list was supplied to the utility fewer 36,559
than thirty days prior to the normal date of meter reading, the 36,560
company may render a calculated bill. In such instances the 36,561
company shall make an adjustment to the amount of the credit 36,562
granted to the customer based upon the next actual reading of the 36,563
meter if the reading shows the previous calculation to have been 36,564
in error and set forth the amount of such adjustments in the 36,565
report required to be filed with the tax commissioner under 36,566
division (D) of this section. 36,567
(C) On each billing that is subject to a credit under 36,569
division (A) of this section, there shall appear in ten-point 36,570
type both the amount of the credit and to the left of such amount 36,571
"Ohio Energy Credit." 36,572
(D) On or before the fifteenth day of each month following 36,574
831
one in which credits were provided under division (A) of this 36,575
section, each energy company shall, on a form prescribed by the 36,576
tax commissioner and requesting information that he THE 36,577
COMMISSIONER determines is necessary for the purpose of verifying 36,579
the propriety of the payment of credits, certify to the 36,580
commissioner the total amount of all credits it granted pursuant 36,581
to division (A) of this section during the preceding month. Not 36,582
later than thirty days after his receipt of such certification, 36,583
the commissioner shall pay the company the amount certified. If 36,584
the commissioner determines that a company previously received 36,585
amounts greater than the amounts of credits properly granted, 36,586
such company, upon notice from the commissioner, shall reimburse 36,587
the commissioner in the amount of the overpayments. Such 36,588
reimbursements shall be deposited in the general revenue fund. 36,589
(E)(1) Any energy company that purposely fails to grant 36,591
the credit provided under division (A) of this section is liable 36,592
to each person entitled to the credit and certified to the 36,593
company by the tax commissioner pursuant to division (A) of 36,594
section 5117.08 of the Revised Code in treble the amount of the 36,595
total credit not granted. The consumers' counsel may, on behalf 36,596
of any person or persons not granted the credit, bring an action 36,597
to recover such treble damages in the court of common pleas of 36,598
the county in which is located the office of the company nearest 36,599
the household of any such person or persons. The consumers' 36,600
counsel may also, on behalf of any persons not granted the 36,601
credit, bring a class action to recover such treble damages in 36,602
the court of common pleas of any county in which is located an 36,603
office of the company and, if feasible, in which is located a 36,604
significant number of members of the class. Any treble damage 36,605
recovery under this division does not, in any manner, diminish 36,606
any other liability provided under sections 5117.01 to 5117.12 of 36,607
the Revised Code. Clerical errors shall not be considered an 36,608
offense or incur liability under this division. 36,609
(2) An action shall be brought by the consumers' counsel 36,611
832
under division (E)(1) of this section only after he THE 36,612
CONSUMERS' COUNSEL has made a good faith attempt to dispose of 36,614
the claim by settlement, including a good faith request for only 36,615
such information in the possession of an energy company as is 36,616
needed to determine the existence or extent of such a right of 36,617
action.
(3) Nothing in division (E)(1) of this section shall be 36,619
construed to prevent persons acting without the assistance of the 36,620
consumers' counsel from bringing an action or class action under 36,621
such division. 36,622
Sec. 5119.22. (A)(1) As used in this section: 36,631
(a) "Mental health agency" means a community mental health 36,633
agency as defined in division (H) of section 5122.01 of the 36,634
Revised Code, or a community mental health facility certified by 36,635
the department of mental health pursuant to division (I) of 36,636
section 5119.01 of the Revised Code. 36,637
(b) "Mental health services" means any of the services 36,639
listed in section 340.09 of the Revised Code. 36,640
(c) "Personal care services" means services including, but 36,642
not limited to, the following: 36,643
(i) Assisting residents with activities of daily living; 36,645
(ii) Assisting residents with self-administration of 36,647
medication in accordance with rules adopted under this section; 36,648
(iii) Preparing special diets, other than complex 36,650
therapeutic diets, for residents pursuant to the instructions of 36,651
a physician or a licensed dietitian, in accordance with rules 36,652
adopted under this section. 36,653
"Personal care services" does not include "skilled nursing 36,655
care" as defined in section 3721.01 of the Revised Code. A 36,656
facility need not provide more than one of the services listed in 36,657
division (A)(1)(c) of this section to be considered to be 36,658
providing personal care services. 36,659
(d) "Residential facility" means a publicly or privately 36,661
operated home or facility that provides one of the following: 36,662
833
(i) Room and board, personal care services, and mental 36,664
health services to one or more persons with mental illness or 36,665
persons with severe mental disabilities who are referred by or 36,666
are receiving mental health services from a mental health agency, 36,667
hospital, or practitioner; 36,668
(ii) Room and board and personal care services to one or 36,670
two persons with mental illness or persons with severe mental 36,671
disabilities who are referred by or are receiving mental health 36,672
services from a mental health agency, hospital, or practitioner; 36,673
(iii) Room and board to five or more persons with mental 36,675
illness or persons with severe mental disabilities who are 36,676
referred by or are receiving mental health services from a mental 36,677
health agency, hospital, or practitioner. 36,678
The following are not residential facilities: the 36,680
residence of a relative or guardian of a mentally ill individual, 36,681
a hospital subject to licensure under section 5119.20 of the 36,682
Revised Code, a residential facility as defined in section 36,683
5123.19 of the Revised Code, a facility providing care for a 36,684
child in the custody of a public children services agency or a 36,686
private agency certified under section 5103.03 of the Revised 36,687
Code, a foster care facility subject to section 5103.03 of the 36,689
Revised Code, an adult care facility subject to licensure under 36,690
Chapter 3722. of the Revised Code, and a nursing home, 36,691
residential care facility, or home for the aging subject to 36,692
licensure under section 3721.02 of the Revised Code. 36,693
(2) Nothing in division (A)(1)(d) of this section shall be 36,695
construed to permit personal care services to be imposed on a 36,696
resident who is capable of performing the activity in question 36,697
without assistance. 36,698
(3) Except in the case of a residential facility described 36,700
in division (A)(1)(d)(i) of this section, members of the staff of 36,701
a residential facility shall not administer medication to 36,702
residents, all medication taken by residents of a residential 36,703
facility shall be self-administered, and no person shall be 36,704
834
admitted to or retained by a residential facility unless the 36,705
person is capable of taking the person's own medication and 36,706
biologicals, as determined in writing by the person's personal 36,707
physician. Members of the staff of a residential facility may do 36,708
any of the following: 36,709
(a) Remind a resident when to take medication and watch to 36,711
ensure that the resident follows the directions on the container; 36,712
(b) Assist a resident in the self-administration of 36,714
medication by taking the medication from the locked area where it 36,715
is stored, in accordance with rules adopted pursuant to this 36,716
section, and handing it to the resident. If the resident is 36,717
physically unable to open the container, a staff member may open 36,718
the container for the resident. 36,719
(c) Assist a physically impaired but mentally alert 36,721
resident, such as a resident with arthritis, cerebral palsy, or 36,722
Parkinson's disease, in removing oral or topical medication from 36,723
containers and in consuming or applying the medication, upon 36,724
request by or with the consent of the resident. If a resident is 36,725
physically unable to place a dose of medicine to the resident's 36,727
mouth without spilling it, a staff member may place the dose in a 36,728
container and place the container to the mouth of the resident. 36,729
(B) Every person operating or desiring to operate a 36,731
residential facility shall apply for licensure of the facility to 36,732
the department of mental health and shall send a copy of the 36,733
application to the board of alcohol, drug addiction, and mental 36,734
health services whose service district includes the county in 36,735
which the person operates or desires to operate a residential 36,736
facility. The board shall review such applications and recommend 36,737
approval or disapproval to the department. Each recommendation 36,738
shall be consistent with the board's community mental health 36,739
plan. 36,740
(C) The department of mental health shall inspect and 36,742
license the operation of residential facilities. The department 36,743
shall consider the past record of the facility and the applicant 36,744
835
or licensee in arriving at its licensure decision. The 36,745
department may issue full, probationary, and interim licenses. A 36,746
full license shall expire one year TWO YEARS after the date of 36,747
issuance, a probationary license shall expire in a shorter period 36,749
of time as prescribed by rule adopted by the director of mental 36,750
health pursuant to Chapter 119. of the Revised Code, and an 36,751
interim license shall expire ninety days after the date of 36,752
issuance. The department may refuse to issue or renew and may 36,753
revoke a license if it finds the facility is not in compliance 36,754
with rules adopted by the department pursuant to division (G) of 36,755
this section or if any facility operated by the applicant or 36,756
licensee has had repeated violations of statutes or rules during 36,757
the period of previous licenses. Proceedings initiated to deny 36,758
applications for full or probationary licenses or to revoke such 36,759
licenses are governed by Chapter 119. of the Revised Code. 36,760
(D) The department may issue an interim license to operate 36,762
a residential facility if both of the following conditions are 36,763
met: 36,764
(1) The department determines that the closing of or the 36,766
need to remove residents from another residential facility has 36,767
created an emergency situation requiring immediate removal of 36,768
residents and an insufficient number of licensed beds are 36,769
available. 36,770
(2) The residential facility applying for an interim 36,772
license meets standards established for interim licenses in rules 36,773
adopted by the director under Chapter 119. of the Revised Code. 36,774
An interim license shall be valid for ninety days and may 36,776
be renewed by the director no more than twice. Proceedings 36,777
initiated to deny applications for or to revoke interim licenses 36,778
under this division are not subject to Chapter 119. of the 36,779
Revised Code. 36,780
(E) The department of mental health may conduct an 36,782
inspection of a residential facility: 36,783
(1) Prior to the issuance of a license to a prospective 36,785
836
operator; 36,786
(2) Prior to the renewal of any operator's license; 36,788
(3) To determine whether a facility has completed a plan 36,790
of correction required pursuant to this division and corrected 36,791
deficiencies to the satisfaction of the department and in 36,792
compliance with this section and rules adopted pursuant to it; 36,793
(4) Upon complaint by any individual or agency; 36,795
(5) At any time the director considers an inspection to be 36,797
necessary in order to determine whether a residential facility is 36,798
in compliance with this section and rules adopted pursuant to 36,799
this section. 36,800
In conducting inspections the department may conduct an 36,802
on-site examination and evaluation of the residential facility, 36,803
its personnel, activities, and services. The department shall 36,804
have access to examine all records, accounts, and any other 36,805
documents relating to the operation of the residential facility, 36,806
and shall have access to the facility in order to conduct 36,807
interviews with the operator, staff, and residents. Following 36,808
each inspection and review, the department shall complete a 36,809
report listing any deficiencies, and including, when appropriate, 36,810
a time table within which the operator shall correct the 36,811
deficiencies. The department may require the operator to submit 36,812
a plan of correction describing how the deficiencies will be 36,813
corrected. 36,814
(F) No person shall do any of the following: 36,816
(1) Operate a residential facility unless the facility 36,818
holds a valid license; 36,819
(2) Violate any of the conditions of licensure after 36,821
having been granted a license; 36,822
(3) Interfere with a state or local official's inspection 36,824
or investigation of a residential facility; 36,825
(4) Violate any of the provisions of this section or any 36,827
rules adopted pursuant to this section. 36,828
(G) The director shall adopt and may amend and rescind 36,830
837
rules pursuant to Chapter 119. of the Revised Code, prescribing 36,831
minimum standards for the health, safety, adequacy, and cultural 36,832
specificity and sensitivity of treatment of and services for 36,833
persons in residential facilities; establishing procedures for 36,834
the issuance, renewal or revocation of the licenses of such 36,835
facilities; establishing the maximum number of residents of a 36,836
facility; establishing the rights of residents and procedures to 36,837
protect such rights; and requiring an affiliation agreement 36,838
approved by the board between a residential facility and a mental 36,839
health agency. Such affiliation agreement must be consistent 36,840
with the residential portion of the community mental health plan 36,841
submitted pursuant to section 340.03 of the Revised Code. 36,842
(H) The department may investigate any facility that has 36,844
been reported to the department or that the department has 36,845
reasonable cause to believe is operating as a residential 36,846
facility without a valid license. 36,847
(I) The department may withhold the source of any 36,849
complaint reported as a violation of this act when the department 36,850
determines that disclosure could be detrimental to the 36,851
department's purposes or could jeopardize the investigation. The 36,852
department may disclose the source of any complaint if the 36,853
complainant agrees in writing to such disclosure and shall 36,854
disclose the source upon order by a court of competent 36,855
jurisdiction. 36,856
(J) The director of mental health may petition the court 36,858
of common pleas of the county in which a residential facility is 36,859
located for an order enjoining any person from operating a 36,860
residential facility without a license or from operating a 36,861
licensed facility when, in the director's judgment, there is a 36,862
real and present danger to the health or safety of any of the 36,863
occupants of the facility. The court shall have jurisdiction to 36,864
grant such injunctive relief upon a showing that the respondent 36,865
named in the petition is operating a facility without a license 36,866
or there is a real and present danger to the health or safety of 36,867
838
any residents of the facility. 36,868
(K) Whoever violates division (F) of this section or any 36,870
rule adopted under this section is liable for a civil penalty of 36,871
one hundred dollars for the first offense; for each subsequent 36,872
offense, such violator is liable for a civil penalty of five 36,873
hundred dollars. If the violator does not pay, the attorney 36,874
general, upon the request of the director of mental health, shall 36,875
bring a civil action to collect the penalty. Fines collected 36,876
pursuant to this section shall be deposited into the state 36,877
treasury to the credit of the mental health sale of goods and 36,878
services fund. 36,879
Sec. 5119.61. Any provision in this chapter that refers to 36,888
a board of alcohol, drug addiction, and mental health services 36,889
also refers to the community mental health board in an alcohol, 36,890
drug addiction, and mental health service district that has a 36,891
community mental health board. 36,892
The director of mental health with respect to all 36,894
facilities and programs established and operated under Chapter 36,895
340. of the Revised Code for mentally ill and emotionally 36,896
disturbed persons, shall: 36,897
(A) Make ADOPT such rules pursuant to Chapter 119. of the 36,899
Revised Code as may be necessary to carry out the purposes of 36,900
Chapter 340. and sections 5119.61 to 5119.63 of the Revised 36,902
Code;.
(1) THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 36,904
(a) RULES GOVERNING A COMMUNITY MENTAL HEALTH AGENCY'S 36,906
SERVICES UNDER SECTION 340.091 OF THE REVISED CODE TO AN 36,907
INDIVIDUAL REFERRED TO THE AGENCY UNDER DIVISION (C)(2) OF 36,908
SECTION 173.35 OF THE REVISED CODE; 36,909
(b) FOR THE PURPOSE OF DIVISION (A)(14) OF SECTION 340.03 36,912
OF THE REVISED CODE, RULES GOVERNING THE DUTIES OF MENTAL HEALTH 36,915
AGENCIES AND BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH
SERVICES UNDER SECTION 3722.18 OF THE REVISED CODE REGARDING 36,918
REFERRALS OF INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL 36,919
839
DISABILITY TO ADULT CARE FACILITIES AND EFFECTIVE ARRANGEMENTS 36,920
FOR ONGOING MENTAL HEALTH SERVICES FOR THE INDIVIDUALS. THE
RULES SHALL DO AT LEAST THE FOLLOWING: 36,921
(i) PROVIDE FOR AGENCIES AND BOARDS TO PARTICIPATE FULLY 36,923
IN THE PROCEDURES OWNERS AND MANAGERS OF ADULT CARE FACILITIES 36,924
MUST FOLLOW UNDER DIVISION (A)(2) OF SECTION 3722.18 OF THE 36,925
REVISED CODE;
(ii) SPECIFY THE MANNER IN WHICH BOARDS ARE ACCOUNTABLE 36,927
FOR ENSURING THAT ONGOING MENTAL HEALTH SERVICES ARE EFFECTIVELY 36,928
ARRANGED FOR INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL 36,929
DISABILITY WHO ARE REFERRED BY THE BOARD OR MENTAL HEALTH AGENCY 36,930
UNDER CONTRACT WITH THE BOARD TO AN ADULT CARE FACILITY. 36,931
(c) RULES GOVERNING A BOARD OF ALCOHOL, DRUG ADDICTION, 36,933
AND MENTAL HEALTH SERVICES WHEN MAKING A REPORT UNDER SECTION 36,934
3722.17 OF THE REVISED CODE REGARDING THE QUALITY OF CARE AND 36,935
SERVICES PROVIDED BY AN ADULT CARE FACILITY TO A PERSON WITH 36,936
MENTAL ILLNESS OR A SEVERE MENTAL DISABILITY. 36,937
(2) RULES MAY BE ADOPTED TO GOVERN THE METHOD OF PAYING A 36,939
COMMUNITY MENTAL HEALTH FACILITY DESCRIBED IN DIVISION (B) OF 36,940
SECTION 5111.022 OF THE REVISED CODE FOR PROVIDING SERVICES 36,941
ESTABLISHED BY DIVISION (A) OF THAT SECTION. SUCH RULES MUST BE 36,942
CONSISTENT WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS 36,943
OF HUMAN SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT 36,944
SECTION.
(B) Adopt rules requiring each public or private agency 36,946
providing mental health services or facilities under a contract 36,947
with a board of alcohol, drug addiction, and mental health 36,948
services and any program operated by such a board to have a 36,949
written policy that addresses the rights of clients including: 36,950
(1) The right to a copy of the agency's policy of client 36,952
rights; 36,953
(2) The right at all times to be treated with 36,955
consideration and respect for his THE CLIENT'S privacy and 36,956
dignity; 36,957
840
(3) The right to have access to his THE CLIENT'S own 36,959
psychiatric, medical, or other treatment records unless access is 36,960
specifically restricted in the client's treatment plan for clear 36,961
treatment reasons; 36,962
(4) The right to have a client rights officer provided by 36,964
the board or agency advise him THE CLIENT of his THE CLIENT'S 36,966
rights, including his THE CLIENT'S rights under Chapter 5122. of 36,967
the Revised Code if he THE CLIENT is committed to the board or 36,968
agency.
(C) Require each board of alcohol, drug addiction, and 36,970
mental health services to ensure that each contract agency 36,971
establishes grievance procedures available to all recipients of 36,972
services or applicants for services; 36,973
(D) Define minimum standards for qualifications of 36,975
personnel, professional services, and mental health 36,976
professionals, as that term is defined in section 340.02 of the 36,977
Revised Code; 36,978
(E) Review and evaluate, and, taking into account the 36,980
findings and recommendations of the board of alcohol, drug 36,981
addiction, and mental health services of the district served by 36,982
the program and the requirements and priorities of the state 36,983
mental health plan, including the needs of residents of the 36,984
district now residing in state mental institutions, approve and 36,985
allocate funds to support community programs, and make 36,986
recommendations for needed improvements to boards of alcohol, 36,987
drug addiction, and mental health services; 36,988
(F) Withhold state and federal funds for any program, in 36,990
whole or in part, from a board of alcohol, drug addiction, and 36,991
mental health services in the event of failure of that program to 36,992
comply with Chapter 340. or section 5119.61 or 5119.62 of the 36,993
Revised Code or rules of the department of mental health. The 36,994
director shall identify the areas of noncompliance and the action 36,995
necessary to achieve compliance. The director shall offer 36,996
technical assistance to the board to achieve compliance. The 36,997
841
director shall give the board a reasonable time within which to 36,998
comply or to present its position that it is in compliance. 36,999
Before withholding funds, a hearing shall be conducted to 37,000
determine if there are continuing violations and that either 37,001
assistance is rejected or the board is unable to achieve 37,002
compliance. Subsequent to the hearing process, if it is 37,003
determined that compliance has not been achieved, the director 37,004
may allocate all or part of the withheld funds to a public or 37,005
private agency, to provide the services not in compliance, until 37,006
such time as there is compliance. The director shall establish 37,007
rules pursuant to Chapter 119. of the Revised Code to implement 37,008
this division. 37,009
(G) Withhold state or federal funds from a board of 37,011
alcohol, drug addiction, and mental health services that denies 37,012
available service on the basis of religion, race, color, creed, 37,013
sex, national origin, age, physical or mental handicap, 37,014
developmental disability, or the inability to pay; 37,015
(H) Provide consultative services to community mental 37,017
health programs, with the knowledge and cooperation of the board 37,018
of alcohol, drug addiction, and mental health services; 37,019
(I) Provide to boards of alcohol, drug addiction, and 37,021
mental health services state or federal funds, in addition to 37,022
those allocated under section 5119.62 of the Revised Code, for 37,023
special programs or projects the director considers necessary, 37,024
but for which local funds are not available; 37,025
(J) Establish criteria by which a board of alcohol, drug 37,027
addiction, and mental health services reviews and evaluates the 37,028
quality, effectiveness, and efficiency of services provided 37,029
through its community mental health plan. The department shall 37,030
assess a board's evaluation of services and the compliance of 37,031
each board with this section, Chapter 340., or section 5119.62 of 37,032
the Revised Code and other state or federal law and regulations. 37,033
The department, in cooperation with the board, periodically shall 37,034
review and evaluate the quality, effectiveness, and efficiency of 37,035
842
services provided through each board. The department shall 37,036
collect such information as is necessary to perform these 37,037
functions. 37,038
(K) Develop and operate a community mental health 37,040
information system. 37,041
Boards of alcohol, drug abuse, and mental health services 37,043
shall submit information requested by the department in the form 37,044
and manner prescribed by the department. Information collected 37,045
by the department shall include, but not be limited to: 37,046
(1) Information regarding units of services provided in 37,048
whole or in part under contract with a board, including diagnosis 37,049
and special needs, demographic information, the number of units 37,050
of service provided, past treatment, financial status, and 37,051
service dates in accordance with rules adopted by the department 37,052
in accordance with Chapter 119. of the Revised Code; 37,053
(2) Financial information other than price or 37,055
price-related data regarding expenditures of boards and community 37,056
mental health agencies, including units of service provided, 37,057
budgeted and actual expenses by type, and sources of funds. 37,058
Boards shall submit the information specified in division 37,060
(K)(1) of this section no less frequently than annually for each 37,061
client, and each time the client's case is opened or closed. The 37,062
department shall not collect any information for the purpose of 37,063
identifying by name any person who receives a service through a 37,064
board of alcohol, drug addiction, and mental health services, 37,065
except as required by state or federal law to validate 37,066
appropriate reimbursement. For the purposes of division (K)(1) 37,067
of this section, the department shall use an identification 37,068
system that is consistent with applicable nationally recognized 37,069
standards. 37,070
(L) Review each board's plan submitted pursuant to section 37,072
340.03 of the Revised Code and approve or disapprove it in whole 37,073
or in part. Periodically, in consultation with representatives 37,074
of boards and after considering the recommendations of the 37,075
843
medical director, the director shall issue criteria for 37,076
determining when a plan is complete, criteria for plan approval 37,077
or disapproval, and provisions for conditional approval. The 37,078
factors that the director considers may include, but are not 37,079
limited to, the following: 37,080
(1) The mental health needs of all persons residing within 37,082
the board's service district, especially severely mentally 37,083
disabled children, adolescents, and adults; 37,084
(2) The demonstrated quality, effectiveness, efficiency, 37,086
and cultural relevance of the services provided in each service 37,087
district, the extent to which any services are duplicative of 37,088
other available services, and whether the services meet the needs 37,089
identified above; 37,090
(3) The adequacy of the board's accounting for the 37,092
expenditure of funds. 37,093
If the director disapproves all or part of any plan, he THE 37,095
DIRECTOR shall provide the board an opportunity to present its 37,096
position. The director shall inform the board of the reasons for 37,097
the disapproval and of the criteria that must be met before the 37,098
plan may be approved. The director shall give the board a 37,099
reasonable time within which to meet the criteria, and shall 37,100
offer technical assistance to the board to help it meet the 37,101
criteria.
If the approval of a plan remains in dispute thirty days 37,103
prior to the conclusion of the fiscal year in which the board's 37,104
current plan is scheduled to expire, the board or the director 37,105
may request that the dispute be submitted to a mutually agreed 37,106
upon third-party mediator with the cost to be shared by the board 37,107
and the department. The mediator shall issue to the board and 37,108
the department recommendations for resolution of the dispute. 37,109
Prior to the conclusion of the fiscal year in which the current 37,110
plan is scheduled to expire, the director, taking into 37,111
consideration the recommendations of the mediator, shall make a 37,112
final determination and approve or disapprove the plan, in whole 37,113
844
or in part. 37,114
(M) Visit and evaluate any community mental health 37,116
program, agency, or facility, in cooperation with a board of 37,117
alcohol, drug addiction, and mental health services, to determine 37,118
if the services meet minimum standards pursuant to division (G) 37,119
of section 5119.01 of the Revised Code. If the director 37,120
determines that the services meet minimum standards, he THE 37,121
DIRECTOR shall so certify. 37,122
If the director determines that the services of any 37,124
program, agency, or facility that has a contract with a board do 37,125
not meet minimum standards, he THE DIRECTOR shall identify the 37,126
areas of noncompliance, specify what action is necessary to meet 37,128
the standards, and offer technical assistance to the board so 37,129
that it may assist the program, agency, or facility to meet 37,130
minimum standards. The director shall give the board a 37,131
reasonable time within which to demonstrate that the services 37,132
meet minimum standards or to bring the program or facility into 37,133
compliance with the standards. If the director concludes that 37,134
the services continue to fail to meet minimum standards, the 37,135
director may request that the board reallocate the funds for 37,136
those services to another program, agency, or facility which 37,137
meets minimum standards. If the board does not reallocate those 37,138
funds in a reasonable period of time, the director may withhold 37,139
state and federal funds for the services and allocate those funds 37,140
directly to a public or private agency that meets minimum 37,141
standards.
Each program, agency, and facility shall pay a fee for the 37,143
certification review required by this division. Fees shall be 37,144
paid into the sale of goods and services fund created pursuant to 37,145
section 5119.161 of the Revised Code. 37,146
The director shall adopt rules under Chapter 119. of the 37,148
Revised Code to implement this division. The rules shall do all 37,149
of the following: 37,150
(1) Establish the process for certification of services of 37,152
845
programs, agencies, or facilities; 37,153
(2) Set the amount of certification review fees based on a 37,155
portion of the cost of performing the review; 37,156
(3) Specify the type of notice and hearing to be provided 37,158
prior to a decision whether to reallocate funds. 37,159
Sec. 5119.631. (A) THIS SECTION APPLIES TO A BOARD OF 37,161
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, ANOTHER 37,163
GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT ORGANIZATION THAT 37,164
RECEIVED A GRANT OR REIMBURSEMENT UNDER SECTION 5119.63 OF THE 37,165
REVISED CODE FOR A FACILITY ON WHICH THE DEPARTMENT OF MENTAL 37,167
HEALTH HOLDS A SECURITY INTEREST. 37,168
(B) A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 37,170
SERVICES, ANOTHER GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT 37,171
ORGANIZATION TO WHICH THIS SECTION APPLIES MAY APPLY TO THE 37,172
DIRECTOR OF MENTAL HEALTH FOR APPROVAL TO SELL ITS FACILITY AND 37,173
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY PURSUANT 37,174
TO THIS SECTION. THE DIRECTOR SHALL PRESCRIBE THE FORM OF THE 37,175
APPLICATION. BEFORE SUBMITTING AN APPLICATION TO THE DIRECTOR, A 37,176
GOVERNMENTAL ENTITY OR PRIVATE, NONPROFIT ORGANIZATION MUST 37,177
OBTAIN APPROVAL OF THE APPLICATION FROM THE BOARD OF ALCOHOL, 37,178
DRUG ADDICTION, AND MENTAL HEALTH SERVICES WITH JURISDICTION OVER 37,179
THE SERVICE DISTRICT IN WHICH THE EXISTING FACILITY IS LOCATED. 37,180
THE DIRECTOR SHALL APPROVE AN APPLICATION FOR A REPLACEMENT 37,181
PROJECT UPON DETERMINING THAT THE PROJECT PROVIDES FOR THE 37,182
CONTINUATION OF APPROPRIATE MENTAL HEALTH SERVICES TO THE 37,183
POPULATION SERVED BY THE BOARD, ENTITY, OR ORGANIZATION. 37,184
(C) A BOARD, ENTITY, OR ORGANIZATION THAT OBTAINS APPROVAL 37,186
FOR A PROJECT UNDER DIVISION (B) OF THIS SECTION SHALL PAY THE 37,187
PROCEEDS OF THE SALE OF ITS FACILITY TO THE DIRECTOR OF MENTAL 37,188
HEALTH. THE DIRECTOR SHALL DEPOSIT THE PROCEEDS TO THE CREDIT OF 37,189
THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND. 37,190
(D) WHEN A BOARD, ENTITY, OR ORGANIZATION THAT HAS SOLD 37,192
ITS FACILITY NOTIFIES THE DIRECTOR OF MENTAL HEALTH THAT IT IS 37,193
READY TO ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY,
846
THE DIRECTOR SHALL DO ONE OF THE FOLLOWING: 37,194
(1) IF THE REPLACEMENT FACILITY IS LOCATED IN THE SAME 37,196
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT AS 37,197
THE ORIGINAL FACILITY, AND IF THE PURPOSES FOR WHICH THE 37,198
REPLACEMENT FACILITY WILL BE USED ARE THE SAME AS OR SIMILAR TO 37,199
THOSE FOR THE ORIGINAL FACILITY, THE DIRECTOR SHALL PAY TO THE 37,201
BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY CAPITAL 37,202
REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE LESSER OF AN 37,203
AMOUNT EQUAL TO THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY 37,204
OR THE AMOUNT OF THE STATE'S AGREED-UPON PARTICIPATION (AS A PER 37,205
CENT OF THE TOTAL COST) IN THE COST OF THE REPLACEMENT FACILITY. 37,206
IF THE AMOUNT OF THE STATE'S AGREED-UPON PARTICIPATION IN THE 37,207
COST OF THE REPLACEMENT FACILITY IS LESS THAN THE VALUE OF THE 37,208
STATE'S SECURITY INTEREST IN THE ORIGINAL FACILITY, THE 37,209
DIFFERENCE BETWEEN THE STATE'S AGREED-UPON PARTICIPATION IN THE 37,210
COST OF THE REPLACEMENT FACILITY AND THE VALUE OF THE STATE'S 37,211
SECURITY INTEREST IN THE ORIGINAL FACILITY SHALL BE RETAINED IN 37,212
THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND, AND ANY EXCESS 37,213
PROCEEDS SHALL BE PAID TO THE BOARD, ENTITY, OR ORGANIZATION. 37,214
(2) IF THE REPLACEMENT FACILITY IS LOCATED IN A DIFFERENT 37,216
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT THAN 37,217
THE ORIGINAL FACILITY, OR IF THE PURPOSES FOR WHICH THE 37,218
REPLACEMENT FACILITY WILL BE USED ARE NOT THE SAME AS OR SIMILAR 37,219
TO THOSE FOR THE ORIGINAL FACILITY, THE DIRECTOR SHALL REQUEST 37,221
CONTROLLING BOARD APPROVAL FOR RELEASE OF FUNDS FOR THE PROJECT. 37,222
IF THE CONTROLLING BOARD SO APPROVES, THE DIRECTOR SHALL PAY TO 37,223
THE BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY CAPITAL 37,224
REPLACEMENT FACILITIES FUND THE LESSER OF AN AMOUNT EQUAL TO THE 37,225
PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY OR THE AMOUNT OF 37,227
THE STATE'S AGREED-UPON PARTICIPATION (AS A PER CENT OF THE TOTAL 37,228
COST) IN THE COST OF THE REPLACEMENT FACILITY. IF THE AMOUNT OF 37,229
THE STATE'S AGREED-UPON PARTICIPATION IN THE COST OF THE
REPLACEMENT FACILITY IS LESS THAN THE VALUE OF THE STATE'S 37,230
SECURITY INTEREST IN THE ORIGINAL FACILITY, THE DIFFERENCE 37,231
847
BETWEEN THE STATE'S AGREED-UPON PARTICIPATION IN THE COST OF THE 37,232
REPLACEMENT FACILITY AND THE VALUE OF THE STATE'S SECURITY 37,233
INTEREST IN THE ORIGINAL FACILITY SHALL BE RETAINED IN THE 37,234
COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND, AND ANY EXCESS 37,235
PROCEEDS SHALL BE PAID TO THE BOARD, ENTITY, OR ORGANIZATION. 37,236
(E) THE DIRECTOR OF MENTAL HEALTH AND A BOARD, ENTITY, OR 37,238
ORGANIZATION SHALL ENTER INTO AN AGREEMENT SPECIFYING THE TERMS 37,239
OF ANY PAYMENT MADE TO THE BOARD, ENTITY, OR ORGANIZATION UNDER 37,240
DIVISION (D) OF THIS SECTION. THE TERMS MAY INCLUDE PROVISION 37,241
FOR THE DEPARTMENT OF MENTAL HEALTH TO HOLD A SECURITY INTEREST 37,242
IN THE FACILITY. 37,243
(F)(1) WHEN APPROVING AN APPLICATION UNDER DIVISION (B) OF 37,245
THIS SECTION, THE DIRECTOR OF MENTAL HEALTH SHALL ESTABLISH A 37,246
DEADLINE BY WHICH THE BOARD, ENTITY, OR ORGANIZATION MUST NOTIFY
THE DIRECTOR THAT IT IS READY TO ACQUIRE, CONSTRUCT, OR RENOVATE 37,247
A REPLACEMENT FACILITY. IF THE BOARD, ENTITY, OR ORGANIZATION 37,248
DOES NOT NOTIFY THE DIRECTOR ON OR BEFORE THE DEADLINE, THE 37,249
DIRECTOR MAY CANCEL THE PROJECT. UPON CANCELING THE PROJECT, THE 37,250
DIRECTOR SHALL PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE 37,251
COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO 37,252
THE PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY 37,253
THAT EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 37,254
FACILITY.
(2) NOTWITHSTANDING THE DEADLINE ESTABLISHED UNDER 37,256
DIVISION (F)(1) OF THIS SECTION, IF AT ANY TIME A BOARD, ENTITY, 37,257
OR ORGANIZATION NOTIFIES THE DIRECTOR THAT IT DOES NOT INTEND TO 37,258
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY UNDER THIS 37,259
SECTION, THE DIRECTOR SHALL CANCEL THE REPLACEMENT PROJECT AND 37,260
PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY 37,261
CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE 37,262
PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY THAT 37,263
EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 37,264
FACILITY.
(G) IF A REPLACEMENT PROJECT IS CANCELED AFTER THE SALE OF 37,266
848
THE ORIGINAL FACILITY, THE DIRECTOR OF MENTAL HEALTH SHALL USE 37,267
FUNDS EQUAL TO THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 37,268
ORIGINAL FACILITY FOR ADDITIONAL GRANTS OR REIMBURSEMENTS UNDER 37,269
SECTION 5119.63 OF THE REVISED CODE. THE DIRECTOR SHALL OBTAIN 37,270
THE APPROVAL OF THE CONTROLLING BOARD BEFORE RELEASING THE 37,271
ADDITIONAL GRANTS OR REIMBURSEMENTS. 37,272
(H) THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND IS 37,274
HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF MENTAL 37,275
HEALTH SHALL USE THE FUND FOR THE PURPOSES OF THIS SECTION. 37,276
Sec. 5120.14. (A) If a person who was convicted of or 37,285
pleaded guilty to an offense of violence that is a felony escapes 37,286
from a correctional institution in this state under the control 37,288
of the department of rehabilitation and correction or otherwise 37,289
escapes from the custody of the department, the department 37,290
immediately after the escape shall cause notice of REPORT the 37,291
escape, BY TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT 37,292
AGENCIES WITH JURISDICTION IN THE COUNTY IN WHICH THE INSTITUTION 37,293
FROM WHICH THE ESCAPE WAS MADE OR TO WHICH THE PERSON WAS 37,296
SENTENCED IS LOCATED, TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH 37,297
JURISDICTION IN THE COUNTY IN WHICH THE PERSON WAS CONVICTED OR 37,298
PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED PERSON WAS
SENTENCED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 37,299
ATTORNEY OF THE COUNTY IN WHICH THE INSTITUTION FROM WHICH THE 37,300
ESCAPE WAS MADE OR TO WHICH THE PERSON WAS SENTENCED IS LOCATED, 37,301
TO THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PERSON WAS 37,302
CONVICTED OR PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED 37,303
PERSON WAS SENTENCED, to be published in a newspaper of general 37,305
circulation in the county in which the institution from which the 37,306
escape was made or to which the person was sentenced is located, 37,307
and in TO a newspaper of general circulation in each county in 37,309
which the escaped person was indicted for an offense of violence 37,310
that is a felony for which, at the time of the escape, he THE 37,311
ESCAPED PERSON had been sentenced to that institution. The 37,312
department also immediately shall give notice of the escape by 37,314
849
telephone and in writing to the prosecuting attorney of each 37,315
county in which the escaped person was indicted for an offense of 37,316
violence that is a felony for which, at the time of the escape, 37,317
he had been sentenced to that institution. Upon THE WRITTEN 37,318
NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. A 37,319
FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF SECTION 37,320
2921.22 OF THE REVISED CODE.
(B) UPON the apprehension of the escaped person, the 37,324
department shall give notice of the apprehension by telephone and 37,325
in writing to the same prosecuting attorneys PERSONS who were 37,326
given notice of the escape UNDER DIVISION (A) OF THIS SECTION. 37,328
Sec. 5121.03. As used in this chapter: 37,337
(A) "Patient" means a person receiving care or treatment 37,339
in a program or facility that provides services to mentally ill 37,340
individuals. 37,341
(B) "The department" means the department of mental health 37,343
or the department of mental retardation and developmental 37,344
disabilities, whichever provides care or treatment to the 37,345
patient. 37,346
(C) "Resident" means a person admitted to an institution 37,348
or other facility pursuant to Chapter 5123. of the Revised Code 37,349
who is under observation or receiving habilitation and care in an 37,350
institution for the mentally retarded. 37,351
(D) "STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES" 37,353
MEANS COMMUNITY-BASED SERVICES THE DEPARTMENT OF MENTAL HEALTH 37,354
OPERATES FOR A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 37,356
HEALTH SERVICES PURSUANT TO A COMMUNITY MENTAL HEALTH PLAN
APPROVED UNDER DIVISION (A)(1)(c) OF SECTION 340.03 OF THE 37,358
REVISED CODE.
(E) "APPLICABLE COST" MEANS THE RATE FOR SUPPORT 37,360
APPLICABLE TO A PATIENT OR RESIDENT AS SPECIFIED IN THIS SECTION. 37,361
The rate COST for support of patients in hospitals and 37,363
residents in institutions under the jurisdiction of the 37,364
department of mental health or the department of mental 37,365
850
retardation and developmental disabilities, and of patients or 37,366
residents in private facilities or homes whose care or treatment 37,367
is being paid for by either THE department OF MENTAL RETARDATION 37,368
AND DEVELOPMENTAL DISABILITIES, shall be based on the average per 37,369
capita cost of the care and treatment of such patients or 37,370
residents. The cost of services for mentally ill patients or 37,371
mentally retarded residents shall be computed using the projected 37,372
average daily per capita cost at the hospital or institution, or 37,373
at the discretion of the department under the jurisdiction of 37,374
which the hospital or institution is operated, the subunit 37,375
thereof in which services are provided. Such costs shall be 37,376
computed at least annually for the next prospective period using 37,377
generally accepted governmental accounting principles. The cost 37,378
of services for mentally retarded residents that are being cared 37,379
for and maintained in a private facility or home under the 37,380
supervision of the department of mental retardation and 37,381
developmental disabilities regional offices and for which a 37,382
purchase of services contract is being paid to the private 37,383
facility or home by the department shall not be more than the per 37,384
diem cost of the contract. The cost of services for a resident 37,385
receiving pre-admission care, after-care, day-care, or routine 37,386
consultation and treatment services in a community service unit 37,387
under the jurisdiction of the department, shall be computed on 37,388
the basis of the average cost of such services at the institution 37,389
at which they are provided. The rate of support for a mentally 37,390
ill patient or a mentally retarded resident shall be that 37,391
percentage of the average per capita cost at the hospital or 37,392
institution at which such patient or resident receives care, in 37,393
accordance with section 5121.04 of the Revised Code. The 37,394
THE COST FOR SUPPORT OF A PATIENT RECEIVING STATE-OPERATED 37,396
COMMUNITY MENTAL HEALTH SERVICES IS AN AMOUNT DETERMINED USING 37,397
GUIDELINES THE DEPARTMENT OF MENTAL HEALTH SHALL ISSUE. THE 37,398
GUIDELINES SHALL BE BASED ON COST-FINDINGS AND RATE-SETTINGS 37,399
APPLICABLE TO SUCH SERVICES. 37,400
851
THE department shall annually determine the ability to pay 37,402
of a patient or resident or his THE PATIENT'S OR RESIDENT'S 37,403
liable relatives and the amount that such person shall pay in 37,405
accordance with section 5121.04 of the Revised Code. 37,406
Collections of support payments shall be made by the 37,408
department of mental health and the department of mental 37,409
retardation and developmental disabilities and, subject to 37,410
meeting prior requirements for payment and crediting of such 37,411
collections and other available receipts, in accordance with the 37,412
bond proceedings applicable to obligations issued pursuant to 37,413
section 154.20 of the Revised Code, such collections and other 37,414
available receipts designated by the director of the department 37,415
of mental health and the director of the department of mental 37,416
retardation and developmental disabilities for deposit in the 37,417
special accounts, together with insurance contract payments 37,418
provided for in division (B)(8) of section 5121.04 of the Revised 37,419
Code, shall be remitted to the treasurer of state for deposit in 37,420
the state treasury to the credit of the mental health operating 37,421
fund and the mental retardation operating fund, which are hereby 37,422
created, to be used for the general purposes of the department of 37,423
mental health and the department of mental retardation and 37,424
developmental disabilities. The department of mental health 37,425
shall make refunds of overpayment of support charges from the 37,426
mental health operating fund, and the department of mental 37,427
retardation and developmental disabilities shall make refunds of 37,428
overpayment of support charges from the mental retardation 37,429
operating fund. 37,430
Sec. 5121.04. (A) The department of mental health and the 37,440
department of mental retardation and developmental disabilities 37,441
shall investigate the financial condition of the patients in 37,442
hospitals and residents in institutions, and those RESIDENTS 37,443
whose care or treatment is being paid for in a private facility 37,444
or home under the department's control OF THE DEPARTMENT OF 37,445
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, and of the 37,446
852
relatives named in section 5121.06 of the Revised Code as liable 37,447
for the support of such patients or residents, in order to 37,448
determine the ability of any patient, resident, or such relatives 37,449
to pay for the support of the patient or resident and to provide 37,450
suitable clothing as required by the superintendent of the 37,451
institution.
THE DEPARTMENT OF MENTAL HEALTH SHALL INVESTIGATE THE 37,453
FINANCIAL CONDITION OF PATIENTS RECEIVING STATE-OPERATED 37,454
COMMUNITY MENTAL HEALTH SERVICES AND OF THE LIABLE RELATIVES TO 37,455
DETERMINE THE PATIENT'S OR RELATIVE'S ABILITY TO PAY FOR THE 37,456
PATIENT'S SUPPORT. In all cases, in determining ability to pay 37,458
and the amount to be charged, due regard shall be had for others 37,459
who may be dependent for support upon such relatives or the 37,460
estate of the patient.
(B) The department shall follow the provisions of this 37,462
division in determining the ability to pay of a patient or 37,463
resident or the patient's or resident's liable relatives and the 37,465
amount to be charged such patient or resident or liable 37,466
relatives.
(1) Subject to divisions (B)(10) and (11) of this section, 37,469
a patient or resident without dependents shall be liable for the 37,470
full per capita APPLICABLE cost. A patient or resident without 37,471
dependents who has a gross annual income equal to or exceeding 37,473
the sum of the full per capita APPLICABLE cost as determined 37,474
under section 5121.03 of the Revised Code, plus fifty dollars per 37,476
month, regardless of the source of such income, shall pay 37,477
currently the full amount of the per capita APPLICABLE cost; if 37,478
the patient's or resident's gross annual income is less than such 37,479
sum, not more than fifty dollars per month shall be kept for 37,480
personal use by or on behalf of the patient or resident, except 37,481
as permitted in the state plan for providing medical assistance 37,482
under Title XIX of the "Social Security Act," 49 Stat. 620 37,483
(1935), 42 U.S.C. 301, as amended, and the balance shall be paid 37,484
currently on the patient's or resident's support. Subject to 37,486
853
divisions (B)(10) and (11) of this section, the estate of a 37,487
patient or resident without dependents shall pay currently any 37,488
remaining difference between the per capita APPLICABLE cost and 37,489
the amounts prescribed in this section, or shall execute an 37,491
agreement with the department for payment to be made at some 37,492
future date under terms suitable to the department. However, no 37,493
security interest, mortgage, or lien shall be taken, granted, or 37,494
charged against any principal residence of a patient or resident 37,495
without dependents under an agreement or otherwise to secure 37,496
support payments, and no foreclosure actions shall be taken on 37,497
security interests, mortgages, or liens taken, granted, or 37,498
charged against principal residences of patients or residents
prior to October 7, 1977. 37,499
(2) The ability to pay of a patient or resident with 37,501
dependents, or of a liable relative of a patient or resident 37,502
either with or without dependents, shall be determined in 37,503
accordance with the patient's, resident's, or liable relative's 37,505
income or other assets, the needs of others who are dependent on 37,506
such income and other assets for support, and, if applicable, 37,507
divisions (B)(10) and (11) of this section. 37,508
For the first thirty days of care and treatment of each 37,510
admission AND FOR THE FIRST THIRTY DAYS OF CARE AND TREATMENT 37,511
FROM STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, but in no 37,512
event for more than thirty days in any calendar year, the 37,514
mentally ill patient or mentally retarded resident with 37,515
dependents or the liable relative of a mentally ill patient or a 37,516
mentally retarded resident either with or without dependents 37,517
shall be charged an amount equal to the percentage of the average 37,518
per capita APPLICABLE cost determined in accordance with the 37,519
schedule of adjusted gross annual income contained after this 37,520
paragraph. After such first thirty days of care and treatment, 37,521
such mentally ill patient or mentally retarded resident or such 37,522
liable relative shall be charged an amount equal to the 37,523
percentage of a base support rate of four dollars per day for 37,524
854
mentally ill patients and mentally retarded residents, as 37,525
determined in accordance with the schedule of gross annual income 37,526
contained after this paragraph, or in accordance with division 37,527
(B)(5) of this section. Beginning January 1, 1978, the 37,528
department shall increase the base rate when the consumer price 37,529
index average is more than 4.0 for the preceding calendar year by 37,530
not more than the average for such calendar year. 37,531
Adjusted Gross 37,533
Annual Income of
Patient or
Resident or
Liable Relative
(FN a) Number of Dependents (FN b) 37,534
1 2 3 4 5 6 7 8 or 37,543
more
Rate of Support (In Percentages) 37,544
$15,000 or less -- -- -- -- -- -- -- -- 37,546
15,001 to 17,500 20 -- -- -- -- -- -- -- 37,548
17,501 to 20,000 25 20 -- -- -- -- -- -- 37,550
20,001 to 21,000 30 25 20 -- -- -- -- -- 37,552
21,001 to 22,000 35 30 25 20 -- -- -- -- 37,554
22,001 to 23,000 40 35 30 25 20 -- -- -- 37,556
23,001 to 24,000 45 40 35 30 25 20 -- -- 37,558
24,001 to 25,000 50 45 40 35 30 25 20 -- 37,560
25,001 to 26,000 55 50 45 40 35 30 25 20 37,562
26,001 to 27,000 60 55 50 45 40 35 30 25 37,564
27,001 to 28,000 70 60 55 50 45 40 35 30 37,566
28,001 to 30,000 80 70 60 55 50 45 40 35 37,568
30,001 to 40,000 90 80 70 60 55 50 45 40 37,570
40,001 and over 100 90 80 70 60 55 50 45 37,572
Footnote a. The patient or resident or relative shall 37,575
furnish a copy of the patient's, resident's, or relative's 37,576
federal income tax return as evidence of gross annual income. 37,579
Footnote b. The number of dependents includes the liable 37,581
855
relative but excludes the patient or resident in the hospital or 37,582
institution. "Dependent" includes any person who receives more 37,583
than half the person's support from the patient or the patient's 37,585
liable relative.
(3) A patient or resident or liable relative having 37,587
medical, funeral, or related expenses in excess of four per cent 37,588
of the adjusted gross annual income, which expenses were not 37,589
covered by insurance, may adjust such gross annual income by 37,590
reducing the adjusted gross annual income by the full amount of 37,591
such expenses. Proof of such expenses satisfactory to the 37,592
department must be furnished. 37,593
(4) Additional dependencies may be claimed if: 37,595
(a) The liable relative is blind; 37,597
(b) The liable relative is over sixty-five; 37,599
(c) A child is a college student with expenses in excess 37,601
of fifty dollars per month; 37,602
(d) The services of a housekeeper, costing in excess of 37,604
fifty dollars per month, are required if the person who normally 37,605
keeps house for minor children is the patient or resident. 37,606
(5) If with respect to any patient or resident with 37,608
dependents there is chargeable under division (B)(2) of this 37,609
section less than fifty per cent of the per capita APPLICABLE 37,610
cost or, if the base support rate was used, less than fifty per 37,611
cent of the amount determined by use of the base support rate, 37,612
and if with respect to such patient or resident there is a liable 37,613
relative who has an estate having a value in excess of fifteen 37,614
thousand dollars or if such patient or resident has a dependent 37,615
and an estate having a value in excess of fifteen thousand 37,616
dollars, there shall be paid with respect to such patient or 37,617
resident a total of fifty per cent of the per capita APPLICABLE 37,618
cost or the base support rate amount, as the case may be, on a 37,619
current basis or there shall be executed with respect to such 37,620
patient or resident an agreement with the department for payment 37,621
to be made at some future date under terms suitable to the 37,622
856
department.
(6) When a person has been a patient or resident for 37,624
fifteen years and the support charges for which a relative is 37,625
liable have been paid for the fifteen-year period, the liable 37,626
relative shall be relieved of any further support charges. 37,627
(7) The department shall accept voluntary payments from 37,629
patients or residents or liable relatives whose incomes are below 37,630
the minimum shown in the schedule set forth in this division. 37,631
The department also shall accept voluntary payments in excess of 37,632
required amounts from both liable and nonliable relatives. 37,633
(8) If a patient or resident is covered by an insurance 37,635
policy, or other contract that provides for payment of expenses 37,636
for care and treatment for mental illness or mental retardation 37,637
at OR FROM an institution or, facility, (including a hospital or 37,639
community service unit under the jurisdiction of the department), 37,640
OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICE, the other 37,641
provisions of this section, except divisions (B)(8), (10), and 37,643
(11) of this section, and of section 5121.03 of the Revised Code 37,644
shall be suspended to the extent that such insurance policy or 37,645
other contract is in force, and such patient or resident shall be 37,646
charged the full amount of the per capita APPLICABLE cost for 37,647
care and treatment at the institution or facility at which the 37,649
patient or resident receives such care and treatment. Any 37,650
insurance carrier or other third party payor providing coverage 37,651
for such care and treatment shall pay for this support obligation 37,652
in an amount equal to the lesser of either the per capita charges 37,653
for services at the institution or facility APPLICABLE COST or 37,654
the benefits provided under the policy or other contract. 37,655
Whether or not an insured, owner of, or other person having an 37,656
interest in such policy or other contract is liable for support 37,657
payments under other provisions of this chapter, the insured, 37,658
policy owner, or other person shall assign payment directly to 37,659
the department of all assignable benefits under the policy or 37,660
other contract and shall pay over to the department, within ten 37,661
857
days of receipt, all insurance or other benefits received as 37,662
reimbursement or payment for expenses incurred by the patient or 37,664
resident or for any other reason. If the insured, policy owner, 37,665
or other person refuses to assign such payment to the department 37,667
or refuses to pay such received reimbursements or payments over 37,668
to the department within ten days of receipt, the insured's, 37,669
policy owners', or other person's total liability for the 37,670
services equals the applicable statutory liability for payment 37,672
for the services as determined under other provisions of this 37,673
chapter, plus the amounts payable under the terms of the policy 37,674
or other contract. In no event shall this total liability exceed 37,675
the full amount of the per capita APPLICABLE cost for services at 37,676
the institution or facility at which the patient or resident
received the care and treatment. Upon its request, the 37,678
department is entitled to a court order that compels the insured, 37,679
owner of, or other person having an interest in the policy or 37,680
other contract to comply with the assignment requirements of this 37,681
division or that itself serves as a legally sufficient assignment 37,682
in compliance with such requirements. Notwithstanding section 37,683
5122.31 of the Revised Code and any other law relating to 37,684
confidentiality of records, the managing officer of the 37,685
institution or facility where a person is or has been a patient 37,686
or resident, OR THE MANAGING OFFICER OF THE STATE-OPERATED 37,687
COMMUNITY MENTAL HEALTH SERVICES FROM WHICH THE PATIENT RECEIVES 37,688
SERVICES, shall disclose pertinent medical information concerning 37,690
the patient or resident to the insurance carrier or other third 37,691
party payor in question, in order to effect collection from the 37,692
carrier or payor of the state's claim for care and treatment 37,693
under this division. For such disclosure, the managing officer 37,694
is not subject to any civil or criminal liability. 37,695
(9) The rate to be charged for pre-admission care, 37,697
after-care, day-care, or routine consultation and treatment 37,698
services shall be based upon the ability of the patient or 37,699
resident or the patient's or resident's liable relatives to pay. 37,701
858
When it is determined by the department that a charge shall be 37,702
made, such charge shall be computed as provided in divisions 37,703
(B)(1) and (2) of this section. 37,704
(10) If a patient or resident with or without dependents 37,706
is the beneficiary of a trust created pursuant to section 1339.51 37,707
of the Revised Code, then, notwithstanding any contrary provision 37,708
of this chapter or of a rule adopted pursuant to this chapter, 37,709
divisions (C) and (D) of that section shall apply in determining 37,710
the assets or resources of the patient or resident, the patient's 37,712
or resident's estate, or the testator's estate and to claims 37,713
arising under this chapter against the patient or resident, the 37,714
patient's or resident's estate, or the testator's estate. 37,716
(11) If the department of mental retardation and 37,718
developmental disabilities waives the liability of an individual 37,719
and the individual's liable relatives pursuant to section 37,720
5123.194 of the Revised Code, the liability of the individual and 37,722
relative ceases in accordance with the waiver's terms.
(C) The department may enter into agreements with a 37,724
patient or resident or a liable relative for support payments to 37,725
be made in the future. However, no security interest, mortgage, 37,726
or lien shall be taken, granted, or charged against any principal 37,727
family residence of a patient or resident with dependents or a 37,728
liable relative under an agreement or otherwise to secure support 37,729
payments, and no foreclosure actions shall be taken on security 37,730
interests, mortgages or liens taken, granted, or charged against 37,731
principal residences of patients or residents or liable relatives 37,732
prior to October 7, 1977. 37,733
(D) The department shall make all investigations and 37,735
determinations required by this section within ninety days after 37,736
a patient or resident is admitted to an institution under the 37,737
department's control OR A PATIENT BEGINS TO RECEIVE 37,738
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, and immediately 37,739
shall notify by mail the persons liable of the amount to be 37,740
charged.
859
(E) All actions to enforce the collection of payments 37,742
agreed upon or charged by the department shall be commenced 37,743
within six years after the date of default of an agreement to pay 37,744
support charges or the date such payment becomes delinquent. If 37,745
a payment is made pursuant to an agreement which is in default, a 37,746
new six-year period for actions to enforce the collection of 37,747
payments under such agreement shall be computed from the date of 37,748
such payment. For purposes of this division an agreement is in 37,749
default or a payment is delinquent if a payment is not made 37,750
within thirty days after it is incurred or a payment, pursuant to 37,751
an agreement, is not made within thirty days after the date 37,752
specified for such payment. In all actions to enforce the 37,753
collection of payment for the liability for support, every court 37,754
of record shall receive into evidence the proof of claim made by 37,755
the state together with all debts and credits, and it shall be 37,756
prima-facie evidence of the facts contained in it. 37,757
Sec. 5121.06. (A) The following persons other than the 37,767
patient or resident or his THE PATIENT'S OR RESIDENT'S estate are 37,769
liable relatives and all the following persons are jointly and 37,770
severally liable for the support of a patient or resident in a 37,771
hospital or institution under the control of the department of 37,772
mental health or the department of mental retardation and 37,773
developmental disabilities OR FOR THE SUPPORT OF A PATIENT 37,774
RECEIVING STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES: 37,775
(1) The patient or resident or his THE PATIENT'S OR 37,777
RESIDENT'S estate; 37,778
(2) The patient's or resident's husband or wife SPOUSE; 37,780
(3) The father or mother, or both, of a minor patient or 37,782
resident under the age of eighteen years. 37,783
(B) The department shall determine, pursuant to section 37,785
5121.04 of the Revised Code, the amount to be charged each such 37,786
liable person in the order named in this section, but shall not 37,787
collect from any person more than one hundred per cent of the 37,788
appropriate average per capita per visit, or other cost 37,789
860
applicable to such patient or resident COST. 37,790
(C) An action to collect delinquent payments or to enforce 37,792
agreements in default may be brought against any or all persons 37,793
named in this section. To the extent parents of adult patients 37,794
or residents, pursuant to the language of this section previously 37,795
in force, incurred charges for the support of such patients or 37,796
residents between the eighteenth birthday of such patient or 37,797
resident and July 1, 1975, their liability for such period may be 37,798
cancelled, compromised, or settled as provided in section 5121.07 37,799
of the Revised Code. 37,800
(D) Irrespective of the number of patients or residents 37,802
whose care might be chargeable against a liable relative, no 37,803
individual liable relative nor any group of liable relatives who 37,804
are members of the same family unit shall be charged with the 37,805
support of more than one patient or resident during the same 37,806
period of time, and different periods of time for which such 37,807
liable relative has paid the charges for such different patients' 37,808
or residents' care and support shall be added together for the 37,809
purpose of completing the maximum fifteen-year period of 37,810
liability of such liable relative under division (B)(6) of 37,811
section 5121.04 of the Revised Code. 37,812
Sec. 5121.07. Any person who has been charged with the 37,822
payment of the support of a patient or resident of any benevolent 37,823
institution or; for pre-admission care, after-care, day-care, or 37,825
routine consultation and treatment services in a community 37,826
service unit under the control of the department of mental health
or the department of mental retardation and developmental 37,827
disabilities; OR FOR THE COST OF STATE-OPERATED COMMUNITY MENTAL 37,828
HEALTH SERVICES may petition the department for a release from, 37,829
or modification of, such charge, and the department, after an 37,830
investigation, may cancel or modify such former charge, or may 37,831
cancel, compromise, or settle any accrued liability in an amount 37,832
not exceeding five thousand dollars. Amounts in excess thereof
may be canceled, compromised, or settled as provided in section 37,833
861
131.02 of the Revised Code. The department may for due cause 37,834
increase the amount previously ordered paid. 37,835
Sec. 5121.08. The managing officers of the benevolent 37,845
institutions under the control of the department of mental health 37,846
and the department of mental retardation and developmental 37,847
disabilities, THE MANAGING OFFICERS OF STATE-OPERATED COMMUNITY 37,848
MENTAL HEALTH SERVICES, and the committing court, if requested, 37,850
shall submit to the department such information as they may
obtain concerning the financial condition of any patient or 37,851
resident or of relatives liable for the patient's or resident's 37,852
support.
Sec. 5121.09. In case the estate of any patient or 37,862
resident in a benevolent institution under the jurisdiction of 37,864
the department of mental health or the department of mental 37,865
retardation and developmental disabilities OR RECEIVING 37,866
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES is sufficient for 37,867
his THE PATIENT'S OR RESIDENT'S support, without hardship to any 37,868
others who may be dependent thereon, and no guardian has been 37,869
appointed for such estate, the agent of the department shall 37,871
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 37,881
or resident, or has been a patient or resident, of any benevolent 37,882
institution under the jurisdiction of the department of mental 37,883
health or the department of mental retardation and developmental 37,884
disabilities OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, 37,885
or upon the death of a person responsible under section 5121.06 37,887
of the Revised Code for the support of a patient or resident, the 37,888
department may waive the presentation of any claim for support 37,889
against the estate of such decedent, when in its judgment an 37,890
otherwise dependent person will be directly benefited by the 37,891
estate. Claims against an estate for support of a patient or 37,892
resident are subject to section 1339.51 and Chapter 2117. of the 37,893
Revised Code, and shall be treated, and may be barred, the same 37,894
862
as the claims of other creditors of the estate, pursuant to that 37,895
section or chapter.
The department may accept from a guardian or trustee of a 37,897
patient or resident a contract agreeing to pay to the state from 37,898
the property of his THE GUARDIAN'S OR TRUSTEE'S ward before or at 37,900
the death of the ward a fixed annual amount for the support of 37,901
the ward while he THE WARD is a patient or resident, with 37,903
interest at four per cent per annum. A copy of the contract 37,904
shall be filed in the probate court of the proper county and duly 37,905
entered as a part of the records concerning the ward. 37,906
Sec. 5123.60. (A) A legal rights service is hereby 37,915
created and established to protect and advocate the rights of 37,916
mentally ill persons, mentally retarded persons, developmentally 37,917
disabled persons, and other disabled persons who may be 37,918
represented by the service pursuant to division (L) of this 37,919
section; to receive and act upon complaints concerning 37,920
institutional and hospital practices and conditions of 37,921
institutions for mentally retarded or developmentally disabled 37,922
persons and hospitals for the mentally ill; and to assure that 37,923
all persons detained, hospitalized, discharged, or 37,924
institutionalized, and all persons whose detention, 37,925
hospitalization, discharge, or institutionalization is sought or 37,926
has been sought under this chapter or Chapter 5122. of the 37,927
Revised Code are fully informed of their rights and adequately 37,928
represented by counsel in proceedings under this chapter or 37,929
Chapter 5122. of the Revised Code and in any proceedings to 37,930
secure the rights of such persons. Notwithstanding the 37,931
definitions of "mentally retarded person" and "developmentally 37,932
disabled person" in section 5123.01 of the Revised Code, the 37,933
legal rights service shall determine who is a mentally retarded 37,934
or developmentally disabled person for purposes of this section 37,935
and sections 5123.601 to 5123.604 of the Revised Code. 37,936
(B) In regard to those persons detained, hospitalized, or 37,938
institutionalized under Chapter 5122. of the Revised Code, the 37,939
863
legal rights service shall undertake formal representation only 37,940
of those persons who are involuntarily detained, hospitalized, or 37,941
institutionalized pursuant to sections 5122.10 to 5122.15 of the 37,942
Revised Code, and those voluntarily detained, hospitalized, or 37,943
institutionalized who are minors, who have been adjudicated 37,944
incompetent, who have been detained, hospitalized, or 37,945
institutionalized in a public hospital, or who have requested 37,946
representation by the legal rights service. If a person referred 37,947
to in division (A) of this section voluntarily requests in 37,948
writing that the legal rights service terminate participation in 37,949
his THE PERSON'S case, such involvement shall cease. 37,950
(C) Any person voluntarily hospitalized or 37,952
institutionalized in a public hospital under division (A) of 37,953
section 5122.02 of the Revised Code, after being fully informed 37,954
of his THE PERSON'S rights pursuant to division (A) of this 37,955
section, may, by written request, waive assistance by the legal 37,957
rights service if the waiver is knowingly and intelligently made, 37,958
without duress or coercion. 37,959
The waiver may be rescinded at any time by the voluntary 37,961
patient or resident, or by his THE VOLUNTARY PATIENT'S OR 37,962
RESIDENT'S legal guardian. 37,963
(D) The legal rights service commission is hereby created 37,965
for the purposes of appointing an administrator of the legal 37,966
rights service, advising the administrator, assisting the 37,967
administrator in developing a budget, and establishing general 37,968
policy guidelines for the legal rights service. The commission 37,969
may receive and act upon appeals of personnel decisions by the 37,970
administrator. 37,971
The commission shall consist of seven members. One member, 37,973
who shall serve as chairman CHAIRPERSON, shall be appointed by 37,974
the chief justice of the supreme court, three members shall be 37,976
appointed by the speaker of the house of representatives, and 37,977
three members shall be appointed by the president of the senate. 37,978
At least two members shall have experience in the field of 37,979
864
developmental disabilities and at least two members shall have 37,980
experience in the field of mental health. No member shall be a 37,981
provider or related to a provider of services to mentally 37,982
retarded, developmentally disabled, or mentally ill persons. 37,983
Terms of office shall be for three years, each term ending on the 37,984
same day of the month of the year as did the term which it 37,985
succeeds. Each member shall serve subsequent to the expiration 37,986
of his THE MEMBER'S term until his A successor is appointed and 37,988
qualifies, or until sixty days has elapsed, whichever occurs 37,989
first. All vacancies shall be filled in the manner prescribed 37,990
for the regular appointments to the commission and shall be 37,991
limited to the unexpired terms. No member shall serve more than 37,992
two consecutive terms. 37,993
The commission shall meet at least four times each year. 37,995
Members shall be reimbursed for their necessary and actual 37,996
expenses incurred in the performance of their official duties. 37,997
The administrator of the legal rights service shall be 37,999
appointed for a five-year term, subject to removal for mental or 38,000
physical incapacity to perform the duties of the office, 38,001
conviction of violation of any law relating to his THE 38,002
ADMINISTRATOR'S powers and duties, or other good cause shown. 38,004
The administrator shall be a person who has had special 38,006
training and experience in the type of work with which the legal 38,007
rights service is charged. If the administrator is not an 38,008
attorney, he THE ADMINISTRATOR shall seek legal counsel when 38,009
appropriate. The salary of the administrator shall be 38,011
established in accordance with section 124.14 of the Revised 38,012
Code.
(E) The legal rights service shall be completely 38,014
independent of the department of mental health and the department 38,015
of mental retardation and developmental disabilities and, 38,016
notwithstanding section 109.02 of the Revised Code, shall also be 38,017
independent of the office of the attorney general. The 38,018
administrator of the legal rights service, staff, and attorneys 38,019
865
designated by him THE ADMINISTRATOR to represent persons 38,020
detained, hospitalized, or institutionalized under this chapter 38,023
or Chapter 5122. of the Revised Code shall have ready access: 38,024
(1) During normal business hours and at other reasonable 38,026
times, to all records relating to expenditures of state and 38,027
federal funds or to the commitment, care, treatment, and 38,028
habilitation of all persons represented by the legal rights 38,029
service, including those who may be represented pursuant to 38,030
division (L) of this section, or persons detained, hospitalized, 38,031
institutionalized, or receiving services under this chapter or 38,032
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are 38,033
records maintained by the following entities providing services 38,034
for those persons: departments; institutions; hospitals; 38,035
community residential facilities; boards of alcohol, drug 38,036
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of 38,037
those boards; and any other entity providing services to persons 38,038
who may be represented by the service pursuant to division (L) of 38,039
this section;
(2) To any records maintained in computerized data banks 38,041
of the departments or boards or, in the case of persons who may 38,042
be represented by the service pursuant to division (L) of this 38,043
section, any other entity that provides services to those 38,044
persons;
(3) During their normal working hours, to personnel of the 38,046
departments, facilities, boards, agencies, institutions, 38,048
hospitals and other service providing entities;
(4) At any time, to all persons detained, hospitalized, OR 38,050
institutionalized; persons receiving services under this chapter 38,051
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 38,052
persons who may be represented by the service pursuant to 38,053
division (L) of this section.
(F) The administrator of the legal rights service shall: 38,055
(1) Administer and organize the work of the legal rights 38,057
866
service and establish administrative or geographic divisions as 38,058
he THE ADMINISTRATOR considers necessary, proper, and expedient; 38,059
(2) Adopt and promulgate rules and prescribe duties for 38,061
the efficient conduct of the business and general administration 38,062
of the legal rights service; 38,063
(3) Appoint and discharge employees, and hire such 38,065
experts, consultants, advisors, or other professionally qualified 38,066
persons as he THE ADMINISTRATOR considers necessary to carry out 38,067
the duties of the legal rights service; 38,069
(4) Apply for and accept grants of funds, and accept 38,071
charitable gifts and bequests; 38,072
(5) Prepare and submit a budget to the general assembly 38,074
for the operation of the legal rights service; 38,075
(6) Enter into contracts and make such expenditures as are 38,077
necessary for the efficient operation of the legal rights 38,078
service; 38,079
(7) Annually prepare a report of activities and submit 38,081
copies of the report to the governor, the chief justice of the 38,082
supreme court, the president of the senate, the speaker of the 38,083
house of representatives, the director of mental health, and the 38,084
director of mental retardation and developmental disabilities, 38,085
and make the report available to the public. 38,086
(G) The legal rights service may act directly or contract 38,088
with other organizations or individuals for the provision of the 38,089
services envisioned under this section. Whenever possible, the 38,090
administrator shall attempt to facilitate the resolution of 38,091
complaints through administrative channels. The administrator 38,092
may, when IF attempts at administrative resolution prove 38,093
unsatisfactory, initiate actions in mandamus and such other THE 38,094
ADMINISTRATOR MAY PURSUE ANY legal, ADMINISTRATIVE, and equitable 38,096
OTHER APPROPRIATE remedies as OR APPROACHES THAT may be necessary 38,097
to accomplish the purposes of this section. Relationships 38,098
between personnel and the agents of the legal rights service and 38,100
its clients shall be fiduciary relationships, and all 38,101
867
communications shall be confidential, as if between attorney and 38,102
client.
(H) The legal rights service, on the order of the 38,104
administrator, with the approval of the commission, may compel by 38,105
subpoena the appearance and sworn testimony of any person the 38,106
administrator reasonably believes may be able to provide 38,107
information or to produce any documents, books, records, papers, 38,108
or other information necessary to carry out its duties. 38,109
(I) The legal rights service may conduct public hearings. 38,111
(J) The legal rights service may request from any 38,113
governmental agency any cooperation, assistance, services, or 38,114
data that will enable it to perform its duties. 38,115
(K) In any malpractice action filed against the 38,117
administrator of the legal rights service, a member of the staff 38,118
of the legal rights service, or an attorney designated by the 38,119
administrator to perform legal services under division (E) of 38,120
this section, the state shall, when the administrator, member, or 38,121
attorney has acted in good faith and in the scope of his 38,122
employment, indemnify the administrator, member, or attorney for 38,123
any judgment awarded or amount negotiated in settlement, and for 38,124
any court costs or legal fees incurred in defense of the claim. 38,125
This division does not limit or waive, and shall not be 38,127
construed to limit or waive, any defense that is available to the 38,128
legal rights service, its administrator or employees, persons 38,129
under a personal services contract with it, or persons designated 38,130
under division (E) of this section, including, but not limited 38,131
to, any defense available under section 9.86 of the Revised Code. 38,132
(L) In addition to providing services to mentally ill, 38,134
mentally retarded, or developmentally disabled persons, when a 38,135
grant authorizing the provision of services to other individuals 38,136
is accepted pursuant to division (F)(4) of this section, the 38,137
legal rights service and its ombudsman OMBUDSPERSON section may 38,138
provide advocacy or ombudsman OMBUDSPERSON services to those 38,140
other individuals and exercise any other authority granted by 38,142
868
this section or sections 5123.601 to 5123.604 of the Revised Code 38,143
on behalf of those individuals. Determinations of whether an 38,144
individual is eligible for services under this division shall be 38,145
made by the legal rights service. 38,146
Sec. 5126.054. WITH RESPECT TO ANY HOME AND 38,148
COMMUNITY-BASED SERVICES PROGRAM ADMINISTERED BY THE DEPARTMENT 38,149
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES THROUGH 38,150
FUNDING RECEIVED AS A RESULT OF A WAIVER OF FEDERAL REQUIREMENTS 38,151
THAT APPLY TO THE MEDICAL ASSISTANCE PROGRAM OPERATED UNDER 38,152
CHAPTER 5111. OF THE REVISED CODE, A COUNTY BOARD OF MENTAL 38,154
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY PARTICIPATE IN THE 38,155
WAIVER PROGRAM BY ENTERING INTO AN AGREEMENT WITH THE DEPARTMENT
UNDER WHICH THE BOARD AGREES TO USE AND TO CONTINUE USING ITS 38,157
FUNDS AS THE STATE'S SHARE OF THE COMBINED STATE AND FEDERAL COST 38,158
OF PROVIDING SERVICES TO INDIVIDUALS UNDER THE WAIVER PROGRAM. 38,159
FUNDS THAT THE BOARD MAY AGREE TO USE AND CONTINUE USING AS THE 38,160
STATE'S SHARE INCLUDE FUNDS RECEIVED THROUGH TAX LEVIES AND OTHER 38,161
APPROPRIATIONS FROM THE BOARD OF COUNTY COMMISSIONERS AND FUNDS 38,162
RECEIVED FROM THE DEPARTMENT FOR USE IN PROVIDING RESIDENTIAL AND 38,163
OTHER SUPPORT SERVICES. AN AGREEMENT ENTERED INTO UNDER THIS 38,164
SECTION REMAINS IN EFFECT AS LONG AS THERE ARE RESIDENTS OF THE 38,165
COUNTY WHO NEED THE SERVICES MADE AVAILABLE UNDER THE WAIVER 38,166
PROGRAM OR UNTIL THE DEPARTMENT CANCELS THE AGREEMENT. 38,167
THE DEPARTMENT MAY TAKE ANY ACTION NECESSARY TO ENSURE THAT 38,169
A BOARD FULFILLS THE TERMS OF AN AGREEMENT IT ENTERS INTO UNDER 38,170
THIS SECTION. IF THE DEPARTMENT TAKES THE ACTION OF WITHHOLDING 38,171
FUNDS THAT IT WOULD OTHERWISE DISTRIBUTE TO THE BOARD AND THE 38,172
AMOUNT WITHHELD IS INSUFFICIENT TO COVER THE STATE'S SHARE OF THE 38,173
COST OF SERVICES PROVIDED TO THE BOARD'S CLIENTS UNDER THE WAIVER 38,174
PROGRAM, THE DEPARTMENT MAY, THROUGH THE ATTORNEY GENERAL, BRING 38,175
AN ACTION, INCLUDING A MANDAMUS ACTION, AGAINST THE BOARD IN THE 38,176
COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE BOARD OR IN THE 38,177
FRANKLIN COUNTY COURT OF COMMON PLEAS. IF THE COURT FINDS THAT 38,178
THE DEPARTMENT'S CLAIM IS VALID, THE COURT SHALL ORDER THAT THE
869
BOARD PROVIDE THE FUNDS OR THAT THE FUNDS BE RECOVERED IN ANY 38,179
OTHER APPROPRIATE MANNER. 38,180
THE DEPARTMENT SHALL ESTABLISH UNIFORM ACCOUNTING PRACTICES 38,182
TO SEGREGATE THE FUNDS THAT A COUNTY BOARD AGREES TO USE AND TO 38,183
CONTINUE USING PURSUANT TO AN AGREEMENT ENTERED INTO UNDER THIS 38,184
SECTION. THE DEPARTMENT MAY ADOPT ANY RULES NECESSARY TO 38,185
IMPLEMENT THIS SECTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE 38,186
WITH CHAPTER 119. OF THE REVISED CODE. 38,187
Sec. 5126.35. As used in this section and in sections 38,196
5126.351 to 5126.356 5126.357 of the Revised Code: 38,197
(A) "County board client" means a person enrolled in a 38,200
program offered by a county board of mental retardation and 38,201
developmental disabilities or receiving services from a county 38,202
board.
(B) "County board worker" means a person who is employed 38,205
by a county board of mental retardation and developmental 38,206
disabilities or provides services to county board clients either 38,207
as a volunteer or pursuant to a contract with the board, except 38,208
that "county board worker" does not include a health care 38,209
professional acting within the scope of his professional PRACTICE 38,210
AUTHORIZED BY THE PROFESSIONAL'S license or certificate. 38,211
(C) "Delegated nursing task" means a task that is within 38,214
the scope of practice of a nurse as determined pursuant to 38,215
Chapter 4723. of the Revised Code and is delegated by a nurse to 38,216
a county board worker pursuant to a policy adopted by a county 38,217
board under section 5126.351 of the Revised Code. 38,218
(D) "Health care professional" means any of the following: 38,221
(1) A dentist who holds a valid license issued under 38,223
Chapter 4715. of the Revised Code; 38,224
(2) A registered or licensed practical nurse who holds a 38,227
valid license issued under Chapter 4723. of the Revised Code; 38,228
(3) An optometrist who holds a valid license issued under 38,231
Chapter 4725. of the Revised Code;
(4) A pharmacist who holds a valid license issued under 38,233
870
Chapter 4729. of the Revised Code; 38,234
(5) A doctor of medicine or osteopathic medicine, 38,236
podiatrist, or a practitioner of a limited branch of medicine who 38,237
holds a valid certificate issued under Chapter 4731. of the 38,239
Revised Code;
(6) A physician's assistant for whom a physician holds a 38,242
valid certificate of registration issued under section 4730.04 of 38,243
the Revised Code;
(7) An occupational therapist or occupational therapy 38,245
assistant or a physical therapist or physical therapy assistant 38,246
who holds a valid license issued under Chapter 4755. of the 38,248
Revised Code;
(8) A respiratory care professional who holds a valid 38,250
license issued under Chapter 4761. of the Revised Code. 38,252
(E) "Nurse" means a registered nurse or licensed practical 38,255
nurse who holds a valid license issued under Chapter 4723. of the 38,256
Revised Code.
(F) "Prescribed medication" means a drug described in 38,259
section 4729.01 of the Revised Code that is to be taken orally or 38,260
applied topically pursuant to the instructions of a health care 38,261
professional who is authorized by law to prescribe drugs. 38,262
Sec. 5126.357. (A) AS USED IN THIS SECTION: 38,264
(1) "IN-HOME CARE" MEANS THE SUPPORTIVE SERVICES PROVIDED 38,266
WITHIN THE HOME OF AN INDIVIDUAL WHO RECEIVES FUNDING FOR THE 38,267
SERVICES AS A COUNTY BOARD CLIENT, INCLUDING ANY CLIENT WHO 38,268
RECEIVES RESIDENTIAL SERVICES FUNDED THROUGH THE MEDICAL 38,270
ASSISTANCE PROGRAM'S HOME AND COMMUNITY-BASED SERVICES WAIVERS
ADMINISTERED BY THE DEPARTMENT OF MENTAL RETARDATION AND 38,272
DEVELOPMENTAL DISABILITIES, FAMILY SUPPORT SERVICES PROVIDED 38,273
UNDER SECTION 5126.11 OF THE REVISED CODE, OR SUPPORTED LIVING 38,275
PROVIDED IN ACCORDANCE WITH SECTIONS 5126.41 TO 5126.47 OF THE 38,276
REVISED CODE. "IN-HOME CARE" INCLUDES CARE THAT IS PROVIDED 38,277
OUTSIDE A CLIENT'S HOME IN PLACES, AND WHILE TRAVELING TO PLACES, 38,278
THAT ARE INCIDENTAL TO THE HOME, EXCEPT THAT "IN-HOME CARE" DOES 38,279
871
NOT INCLUDE CARE PROVIDED IN THE FACILITIES OF A COUNTY BOARD OF 38,280
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OR CARE 38,281
PROVIDED IN SCHOOLS.
(2) "PARENT" MEANS EITHER PARENT OF A CHILD, INCLUDING AN 38,283
ADOPTIVE PARENT. 38,284
(3) "UNLICENSED IN-HOME CARE WORKER" MEANS AN INDIVIDUAL 38,286
WHO PROVIDES IN-HOME CARE BUT IS NOT A HEALTH CARE PROFESSIONAL. 38,288
A COUNTY BOARD WORKER MAY BE AN UNLICENSED IN-HOME CARE WORKER. 38,289
(B) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 38,291
THE PARENT OR GUARDIAN OF AN INDIVIDUAL WITH MENTAL RETARDATION 38,293
OR A DEVELOPMENTAL DISABILITY WHO IS NOT MORE THAN TWENTY-ONE 38,294
YEARS OF AGE OR THE GUARDIAN OF AN INDIVIDUAL WITH MENTAL 38,295
RETARDATION OR A DEVELOPMENTAL DISABILITY WHO IS AGE TWENTY-ONE 38,296
OR OLDER MAY AUTHORIZE AN UNLICENSED IN-HOME CARE WORKER TO GIVE 38,297
OR APPLY PRESCRIBED MEDICATION OR PERFORM OTHER HEALTH CARE TASKS 38,298
AS PART OF THE IN-HOME CARE PROVIDED TO THE INDIVIDUAL, IF THE 38,299
PARENT OR GUARDIAN IS THE PRIMARY SUPERVISOR OF THE CARE AND THE 38,301
UNLICENSED IN-HOME CARE WORKER HAS BEEN SELECTED BY THE PARENT OR 38,302
GUARDIAN. SECTIONS 4723.62 AND 5126.351 TO 5126.356 OF THE 38,303
REVISED CODE DO NOT APPLY TO THE IN-HOME CARE AUTHORIZED BY A 38,304
PARENT OR GUARDIAN UNDER THIS SECTION. INSTEAD, A PARENT OR
GUARDIAN SHALL OBTAIN A PRESCRIPTION, IF APPLICABLE, AND WRITTEN 38,306
INSTRUCTIONS FROM A HEALTH CARE PROFESSIONAL FOR THE CARE TO BE 38,307
PROVIDED TO THE INDIVIDUAL. THE PARENT OR GUARDIAN SHALL 38,308
AUTHORIZE THE UNLICENSED IN-HOME CARE WORKER TO PROVIDE THE CARE 38,309
BY PREPARING A WRITTEN DOCUMENT GRANTING THE AUTHORITY. THE 38,310
PARENT OR GUARDIAN SHALL PROVIDE THE UNLICENSED IN-HOME CARE
WORKER WITH APPROPRIATE TRAINING AND WRITTEN INSTRUCTIONS IN 38,311
ACCORDANCE WITH THE INSTRUCTIONS OBTAINED FROM THE HEALTH CARE 38,312
PROFESSIONAL.
(C) A PARENT OR GUARDIAN WHO AUTHORIZES AN UNLICENSED 38,314
IN-HOME CARE WORKER TO GIVE OR APPLY PRESCRIBED MEDICATION OR 38,316
PERFORM OTHER HEALTH CARE TASKS RETAINS FULL RESPONSIBILITY FOR 38,317
THE HEALTH AND SAFETY OF THE INDIVIDUAL RECEIVING THE CARE AND 38,318
872
FOR ENSURING THAT THE WORKER PROVIDES THE CARE APPROPRIATELY AND 38,319
SAFELY. NO ENTITY THAT FUNDS OR MONITORS THE PROVISION OF 38,320
IN-HOME CARE MAY BE HELD LIABLE FOR THE RESULTS OF THE CARE 38,322
PROVIDED UNDER THIS SECTION BY AN UNLICENSED IN-HOME CARE WORKER,
INCLUDING SUCH ENTITIES AS THE COUNTY BOARD OF MENTAL RETARDATION 38,324
AND DEVELOPMENTAL DISABILITIES, ANY OTHER ENTITY THAT EMPLOYS AN 38,325
UNLICENSED IN-HOME CARE WORKER AND THE DEPARTMENT OF MENTAL 38,326
RETARDATION AND DEVELOPMENTAL DISABILITIES. 38,327
AN UNLICENSED IN-HOME CARE WORKER WHO IS AUTHORIZED UNDER 38,329
THIS SECTION BY A PARENT OR GUARDIAN TO PROVIDE CARE TO AN 38,330
INDIVIDUAL IS NOT LIABLE FOR ANY INJURY CAUSED IN PROVIDING THE 38,331
CARE, UNLESS THE WORKER PROVIDES THE CARE IN A MANNER THAT IS NOT 38,332
IN ACCORDANCE WITH THE TRAINING AND INSTRUCTIONS RECEIVED OR THE 38,333
WORKER ACTS IN A MANNER THAT CONSTITUTES WANTON OR RECKLESS 38,334
MISCONDUCT.
(D) A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL 38,336
DISABILITIES MAY EVALUATE THE AUTHORITY GRANTED BY A PARENT OR 38,337
GUARDIAN UNDER THIS SECTION TO AN UNLICENSED IN-HOME CARE WORKER. 38,338
IF THE BOARD DETERMINES THAT THE PARENT OR GUARDIAN HAS ACTED IN 38,339
A MANNER THAT IS INAPPROPRIATE FOR THE HEALTH AND SAFETY OF THE 38,340
INDIVIDUAL RECEIVING THE SERVICES, THE AUTHORIZATION GRANTED BY 38,342
THE PARENT OR GUARDIAN TO AN UNLICENSED IN-HOME CARE WORKER IS 38,343
VOID AND THE PARENT OR GUARDIAN MAY NOT AUTHORIZE OTHER
UNLICENSED IN-HOME CARE WORKERS TO PROVIDE THE CARE. IN MAKING 38,344
SUCH A DETERMINATION, THE BOARD SHALL USE APPROPRIATELY LICENSED 38,345
HEALTH CARE PROFESSIONALS AND SHALL PROVIDE THE PARENT OR 38,346
GUARDIAN AN OPPORTUNITY TO FILE A COMPLAINT UNDER SECTION 5126.06 38,347
OF THE REVISED CODE.
Sec. 5139.27. The department of youth services shall adopt 38,356
rules prescribing the minimum standards of construction for a 38,357
school, forestry camp, or other facility established under 38,358
section 2151.65 of the Revised Code for which financial 38,359
assistance may be granted to assist in defraying the cost of the 38,360
construction of such THE school, forestry camp, or other 38,361
873
facility. If an application for such THAT financial assistance 38,363
is filed with the department under section 2151.651 of the 38,365
Revised Code, and the department finds that the application is in 38,366
proper form and the specifications for the construction of such 38,367
THE school, forestry camp, or other facility meet the minimum 38,368
standards set forth in the rules adopted by the department, the 38,369
department may, from moneys available to it for granting 38,370
financial assistance for the construction of schools, forestry 38,371
camps, or other facilities established under section 2151.65 of 38,372
the Revised Code, grant financial assistance to the county making 38,373
such THE application, subject to the approval of the controlling 38,374
board, in an amount not to exceed one-half of the county's share 38,375
of the cost of construction of such THE school, forestry camp, or 38,376
other facility but not to exceed six thousand five hundred 38,378
dollars for each bed unit provided for in such THE school, 38,379
forestry camp, or other facility. No financial assistance shall 38,381
be granted for the construction of any school, forestry camp, or 38,382
other facility designed to accommodate more than one hundred 38,383
fifty children at any one time. As used in this section, 38,384
"construction" means the building and the initial equipping of 38,385
new structures and, to the extent provided for in rules adopted 38,386
by the department, the acquisition, remodeling, and initial 38,387
equipping of existing structures, excluding architect's fees and 38,388
the cost of land acquisition.
A county that receives financial assistance under this 38,390
section shall not be obligated to repay such THE assistance to 38,391
the state unless the school, forestry camp, or other facility for 38,393
which such THE assistance is granted is used within the ten-year 38,394
period immediately following its establishment for other than the 38,395
purpose of rehabilitating children between the ages of twelve to 38,396
eighteen years, other than psychotic or mentally retarded 38,397
children, who are designated delinquent, as defined in section 38,398
2151.02 of the Revised Code, or unruly, as defined in section 38,399
2151.022 of the Revised Code, by order of a juvenile court. If 38,400
874
the department of youth services finds that such THE school, 38,401
forestry camp, or other facility is used for other than such THAT 38,403
purpose within such THAT ten-year period, such THE county shall 38,405
be obligated to repay such THE assistance to the state and, 38,406
through its board of county commissioners, may enter into an 38,407
agreement with the director of budget and management for the 38,408
discharge of such THAT obligation over a period not to exceed ten 38,409
years in duration. Whenever a county is obligated to repay such 38,410
THAT assistance to the state and its board of county 38,412
commissioners fails to enter into or fails to comply with an 38,413
agreement for the discharge of such THAT obligation, the tax 38,415
commissioner, pursuant to section 5747.54 of the Revised Code, 38,416
shall withhold from distribution to such THE county from the 38,418
local government fund an amount sufficient to discharge such THE 38,419
county from such THAT obligation to the state. 38,420
Sec. 5139.271. Subject to the approval of the controlling 38,429
board, the department of youth services may grant and pay 38,430
financial assistance to defray the county's share of the cost of 38,431
acquiring or constructing a district detention home, established 38,432
under section 2151.34 of the Revised Code, to any county making 38,433
application under section 2151.3416 of the Revised Code if the 38,434
department finds that the application was made in accordance with 38,435
its rules and the home or the specifications for the home meet 38,436
minimum standards established by the department. No financial 38,437
assistance shall be granted for defraying the cost of architects' 38,438
fees or land. 38,439
The department shall adopt rules prescribing the minimum 38,441
standards of construction and condition of existing structures, 38,442
established under section 2151.34 of the Revised Code, for which 38,443
financial assistance is granted under this section. The 38,444
department may recommend programs of education and training and 38,445
the qualifications desired for personnel of a district detention 38,446
home. 38,447
The amount of financial assistance granted to any county 38,449
875
shall not exceed one-half of the county's share of the cost of 38,450
acquisition or construction of the home. The total of all state 38,451
assistance for any home shall not exceed six thousand five 38,452
hundred dollars for each bed unit provided for in such THE home. 38,453
No financial assistance shall be granted for the construction of 38,455
a home designed to accommodate more than one hundred fifty 38,456
children at any one time. 38,457
A county which receives financial assistance under this 38,459
section shall repay such THE assistance to the state if the home 38,460
for which such THE assistance is granted is used within the 38,462
ten-year period immediately following its establishment for 38,463
purposes other than those contained in section 2151.34 of the 38,464
Revised Code. A board of county commissioners which uses the 38,465
home for any other purpose within such THAT period shall enter 38,466
into an agreement with the director of budget and management for 38,469
the discharge of such THAT obligation over a period not to exceed 38,470
ten years. If a board of county commissioners fails to enter 38,471
into an agreement for the discharge of such THAT obligation, or 38,472
fails to comply with the terms of such an agreement, the director 38,474
shall direct the tax commissioner, pursuant to section 5747.54 of 38,475
the Revised Code, shall TO withhold from the distribution of the 38,476
local government fund an amount sufficient to discharge the 38,477
obligation.
As used in this section: 38,479
(A) "Construction" means the building and initial 38,481
equipping of new structures. 38,482
(B) "Acquisition" means "acquisition" as defined in the 38,484
rules of the department, which may include the purchase, 38,485
remodeling, and initial equipping of existing structures. 38,486
Sec. 5139.28. The department of youth services shall adopt 38,495
and promulgate rules prescribing the standards of operation, 38,496
programs of education, and training and qualifications of 38,497
personnel of a school, forestry camp, or other facility, 38,498
established under section 2151.65 of the Revised Code, for which 38,499
876
financial assistance may be granted to assist in defraying the 38,500
cost of the operation and maintenance of the school, forestry 38,501
camp, or other facility. If an application is made to the 38,502
department under section 2151.652 of the Revised Code for 38,503
financial assistance and the department finds that the 38,504
application is in proper form and the standards of operation, 38,505
programs of education, and training and qualifications of 38,506
personnel of the school, forestry camp, or other facility meet 38,507
the requirements of the rules of the department adopted under 38,508
this section, the department, from moneys made available to it 38,509
for the purpose of granting financial assistance under this 38,510
section, may grant financial assistance for the operation and 38,511
maintenance of the school, forestry camp, or other facility in an 38,512
amount not to exceed one-half of the cost of operating and 38,513
maintaining the school, forestry camp, or other facility. 38,514
The department shall not grant financial assistance for the 38,516
operation or maintenance of a school, forestry camp, or other 38,517
facility established under section 2151.65 of the Revised Code 38,518
unless it is used solely for the purpose of rehabilitating 38,519
children between twelve and eighteen years of age, other than 38,520
psychotic or mentally retarded children, who have been 38,521
adjudicated delinquent children or unruly children by order of a 38,522
juvenile court. The department shall not grant financial 38,523
assistance for the operation or maintenance of a school, forestry 38,524
camp, or other facility established under section 2151.65 of the 38,525
Revised Code that houses more than one hundred fifty children at 38,526
any one time. 38,527
Sec. 5139.281. The department of youth services shall 38,536
adopt rules prescribing the manner of application for financial 38,537
assistance under this section for the operation and maintenance 38,538
of a detention home provided, or district detention home 38,539
established, under section 2151.34 of the Revised Code and 38,540
prescribing minimum standards of operation, including criteria 38,541
for programs of education, training, counseling, recreation, 38,542
877
health, and safety, and qualifications of personnel with which a 38,543
home shall comply as a condition of eligibility for assistance 38,544
under this section. If the board of county commissioners 38,545
providing a detention home or the board of trustees of a district 38,546
detention home applies to the department for assistance and if 38,547
the department finds that the application is in accordance with 38,548
the rules adopted under this section and that the home meets the 38,549
minimum standards adopted under this section, the department may 38,550
grant assistance to the applicant board for the operation and 38,551
maintenance of each home in an amount not to exceed fifty per 38,552
cent of the approved annual operating cost. The board shall make 38,553
a separate application for each year for which assistance is 38,554
requested. The department shall not grant assistance for the 38,555
operation and maintenance of a home that is designed to 38,556
accommodate fewer than ten children or that houses more than one 38,557
hundred fifty children at any one time. 38,558
The department shall adopt any necessary rules for the 38,560
care, treatment, and training in a district detention home of 38,561
children found to be delinquent children and committed to the 38,562
home by the juvenile court under section 2151.355 of the Revised 38,563
Code and may approve for this purpose any home that is found to 38,564
be in compliance with the rules it adopts. 38,565
The department shall provide, at least once every six 38,567
months, in-service training programs for staff members of 38,568
detention homes or district detention homes and shall pay all 38,569
travel and other necessary expenses incurred by participating 38,570
staff members. 38,571
Sec. 5139.43. (A) The department of youth services shall 38,584
operate a felony delinquent care and custody program with the 38,585
remainder of the appropriation described in division (E) of 38,586
section 5139.41 of the Revised Code. The program shall be 38,588
operated in accordance with the formula developed pursuant to 38,589
sections 5139.41 and 5139.42 of the Revised Code, subject to the 38,590
conditions specified in this section, and in conjunction with the 38,591
878
contingency program described in section 5139.45 of the Revised 38,592
Code.
(B)(1) The department of youth services annually shall 38,594
allocate to each county a portion of the remainder of the 38,595
appropriation described in division (E) of section 5139.41 of the 38,597
Revised Code. The portion to be allocated to each county shall 38,598
be determined by multiplying the county's percentage determined 38,599
under division (E) of section 5139.42 of the Revised Code by the 38,600
amount of that remainder. The department shall divide the 38,601
portion to be allocated to each county by twelve or, if in a 38,602
particular fiscal year the felony delinquent care and custody 38,603
program is in effect in a county less than twelve months, by the 38,604
number of months the program is in effect in that county to 38,605
determine the monthly allocation to that county.
(2)(a) Except as provided in division DIVISIONS (B)(2)(b) 38,607
AND (E) of this section, the department shall reduce the monthly 38,609
allocation for each fiscal year to each county as determined 38,610
under division (B)(1) of this section by both of the following: 38,611
(i) Seventy-five per cent of the amount determined by 38,614
multiplying the per diem cost for the care and custody of felony 38,615
delinquents, as determined pursuant to division (D) of section 38,616
5139.42 of the Revised Code, by the number of felony delinquents 38,617
who have been adjudicated delinquent children and, except as 38,618
otherwise provided in divisions (B)(2)(a) and (3) of this 38,620
section, who are in the care and custody of an institution 38,621
pursuant to a commitment, recommitment, or revocation of a 38,623
release by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 38,625
multiplying the per diem cost for the care and custody of felony 38,626
delinquents, as determined pursuant to division (D) of section 38,627
5139.42 of the Revised Code, by the number of felony delinquents 38,628
who have been adjudicated delinquent children and, except as 38,629
otherwise provided in division (B)(3) of this section, who are in 38,631
the care and custody of a community corrections facility pursuant
879
to a placement by the department with the consent of the juvenile 38,632
court of that county as described in division (E) of section 38,633
5139.36 of the Revised Code. 38,634
Public safety beds shall not be included in the number of 38,637
felony delinquents who have been adjudicated delinquent children 38,638
by a juvenile court in making the seventy-five per cent reduction 38,639
described in division (B)(2)(a)(i) of this section. The 38,642
department shall bear the care and custody costs associated with 38,643
public safety beds. 38,644
(b) If a county has exhausted its current and future 38,646
monthly allocations for the current fiscal year as determined 38,647
under division (B)(1) of this section, the department shall bear 38,648
the remainder of the amounts calculated under divisions 38,650
(B)(2)(a)(i) and (ii) of this section for the care and custody of 38,652
felony delinquents who are in the care and custody of an 38,653
institution pursuant to a commitment, recommitment, or revocation 38,655
of a release or in the care and custody of a community 38,656
corrections facility by debiting, in accordance with division 38,658
(C)(2) of section 5139.45 of the Revised Code, the amount of the 38,659
appropriation for care and custody of felony delinquents that was 38,660
set aside for the contingency program pursuant to division (A) of 38,661
section 5139.41 of the Revised Code.
(3)(a) Subject to divisions (B)(2)(b) and (4) and 38,663
(C)(3)(b) and (c) of this section and subject to the special 38,665
provisions of division (B)(3)(b) of this section pertaining to 38,666
monthly allocations under divisions (B)(1) and (2)(a) of this 38,668
section for the month of June, after the application of division 38,669
(B)(2)(a) of this section and on or before the fifteenth day of 38,670
the following month, the department shall disburse to the 38,671
juvenile court of each county the remainder of the monthly 38,672
allocation of that county as determined pursuant to divisions 38,673
(B)(1) and (2)(a) of this section.
(b)(i) For the monthly allocation for the month of June of 38,676
each fiscal year, the department shall estimate for each county
880
the number of felony delinquents described in divisions 38,677
(B)(2)(a)(i) and (ii) of this section rather than use the actual 38,679
number of those felony delinquents, shall use the estimated 38,680
number of those felony delinquents in making the seventy-five per 38,682
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 38,683
allocation of each county for the month of June, as determined 38,684
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 38,686
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 38,688
If the total of the seventy-five per cent and fifty per cent 38,689
reductions described in division (B)(2)(a) of this section 38,691
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 38,692
amount of the excess by debiting, in accordance with division 38,693
(C)(2) of section 5139.45 of the Revised Code, the amount of the 38,695
appropriation for care and custody of felony delinquents that was 38,696
set aside for the contingency program pursuant to division (A) of 38,697
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 38,699
department shall reconcile for each county the estimated 38,700
reductions that occurred pursuant to divisions (B)(2)(a) and 38,701
(3)(b)(i) of this section and the reductions that should have 38,703
occurred pursuant to division (B)(2)(a) of this section by using 38,704
the actual number of felony delinquents described in divisions 38,705
(B)(2)(a)(i) and (ii) of this section for the month of June of 38,706
the prior fiscal year. After that reconciliation occurs, subject 38,707
to divisions (B)(2)(b) and (4) and (C)(3)(b) and (c) of this 38,709
section, the department shall disburse to each county the 38,710
remainder of its monthly allocation for the month of June of the 38,711
prior fiscal year as adjusted pursuant to the reconciliation and 38,712
division (B)(3)(b)(ii) of this section. 38,713
In connection with the adjustments in the monthly 38,715
allocations for the month of June of the prior fiscal year, if 38,716
881
the encumbered monthly allocations of one or more counties for 38,717
that month exceed or are less than the monthly allocations for 38,718
that month to which those counties are entitled under divisions 38,719
(B)(1) and (2)(a) of this section by using the actual number of 38,720
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 38,721
of this section rather than the estimated number of those felony 38,722
delinquents, the department may make the necessary adjustments in 38,723
the monthly allocations of those counties for the month of June 38,724
of the prior fiscal year within the total of the moneys for 38,725
monthly allocations for that month that were encumbered for all 38,726
of the counties. If that total amount is insufficient to make 38,727
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 38,729
the department shall cover the insufficiency by debiting, in 38,730
accordance with division (C)(2) of section 5139.45 of the Revised 38,731
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 38,732
pursuant to division (A) of section 5139.41 of the Revised Code. 38,733
(4) Notwithstanding the general disbursement requirements 38,736
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 38,737
court fails to comply with division (C)(3)(d) of this section and 38,738
the department is not able to reconcile fiscal accounting as a 38,739
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 38,740
(b)(ii) of this section to the juvenile court until it complies 38,742
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 38,744
to it by the department of youth services pursuant to division 38,745
(B) of this section in accordance with the applicable provisions 38,746
of division (C)(2) of this section and shall transmit the moneys 38,747
to the county treasurer for deposit in accordance with this 38,748
division. The county treasurer shall create in the county 38,749
treasury a fund that shall be known as the felony delinquent care 38,750
and custody fund and shall deposit in that fund the moneys 38,751
882
disbursed to the juvenile court pursuant to division (B) of this 38,752
section. The county treasurer also shall deposit into that fund 38,753
the state subsidy funds granted to the county pursuant to section 38,754
5139.34 of the Revised Code. The moneys disbursed to the 38,756
juvenile court pursuant to division (B) of this section and 38,757
deposited pursuant to this division in the felony delinquent care 38,758
and custody fund shall not be commingled with any other county 38,760
funds except state subsidy funds granted to the county pursuant 38,761
to section 5139.34 of the Revised Code; shall not be used for any
capital construction projects; upon an order of the juvenile 38,763
court and subject to appropriation by the board of county 38,764
commissioners, shall be disbursed to the juvenile court for use 38,765
in accordance with the applicable provisions of division (C)(2) 38,766
of this section; shall not revert to the county general fund at 38,767
the end of any fiscal year; and shall carry over in the felony 38,768
delinquent care and custody fund from the end of any fiscal year 38,769
to the next fiscal year. The moneys disbursed to the juvenile 38,770
court pursuant to division (B) of this section and deposited 38,771
pursuant to this division in the felony delinquent care and 38,772
custody fund shall be in addition to, and shall not be used to 38,773
reduce, any usual annual increase in county funding that the 38,774
juvenile court is eligible to receive or the current level of 38,775
county funding of the juvenile court and of any programs or 38,776
services for delinquent children, unruly children, or juvenile 38,777
traffic offenders. 38,778
(2)(a) A county and the juvenile court that serves the 38,780
county shall use the moneys in its felony delinquent care and 38,781
custody fund in accordance with rules that the department of 38,782
youth services adopts pursuant to division (E) of section 5139.04 38,783
of the Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy 38,785
funds granted to the county pursuant to section 5139.34 of the 38,786
Revised Code shall be used to aid in the support of prevention, 38,788
early intervention, diversion, treatment, and rehabilitation 38,789
883
programs that are provided for alleged or adjudicated unruly 38,790
children or delinquent children or for children who are at risk 38,791
of becoming unruly children or delinquent children. The county 38,792
shall not use for capital improvements more than fifteen per cent 38,793
of the moneys in the fund that represent the applicable annual 38,794
grant of those state subsidy funds. 38,796
(ii) The moneys in the fund that were disbursed to the 38,799
juvenile court pursuant to division (B) of this section and 38,800
deposited pursuant to division (C)(1) of this section in the fund 38,802
shall be used to provide programs and services for the training, 38,803
treatment, or rehabilitation of felony delinquents that are 38,804
alternatives to their commitment to the department, including, 38,805
but not limited to, community residential programs, day treatment 38,806
centers, services within the home, and electronic monitoring, and 38,807
shall be used in connection with training, treatment, 38,809
rehabilitation, early intervention, or other programs or services
for any delinquent child, unruly child, or juvenile traffic 38,810
offender who is under the jurisdiction of the juvenile court. 38,811
For purposes of division (C)(2)(a)(ii) of this section, a 38,812
delinquent child includes a child who is so adjudicated for the 38,813
commission of an act that if committed by an adult would be a 38,814
misdemeanor or felony. 38,815
If, during the previous state fiscal year, the county did 38,818
not exceed in any month its monthly allocation as determined
pursuant to division (B)(1) of this section in connection with 38,820
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 38,822
of this section, the moneys in the fund that were disbursed to 38,823
the juvenile court pursuant to division (B) of this section and 38,825
deposited pursuant to division (C)(1) of this section in the fund 38,827
also may be used for prevention, early intervention, diversion, 38,828
treatment, and rehabilitation programs that are provided for 38,829
alleged or adjudicated unruly children, delinquent children, or 38,830
juvenile traffic offenders or for children who are at risk of 38,831
becoming unruly children, delinquent children, or juvenile 38,832
884
traffic offenders. Consistent with division (C)(1) of this 38,834
section, a county and the juvenile court of a county shall not 38,835
use any of those moneys for capital construction projects. 38,837
(iii) The county and the juvenile court that serves the 38,840
county may not use moneys in the fund for the provision of care 38,841
and services for children, including, but not limited to, care 38,842
and services in a detention facility, in another facility, or in 38,843
out-of-home placement, unless the minimum standards that apply to 38,844
the care and services and that the department prescribes in rules 38,845
adopted pursuant to division (E) of section 5139.04 of the 38,846
Revised Code have been satisfied. 38,847
(b) Each juvenile court shall comply with division 38,849
(C)(3)(d) of this section as implemented by the department. If a 38,850
juvenile court fails to comply with that division and the 38,851
department is not able to reconcile fiscal accounting as a 38,852
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 38,853
(3) In accordance with rules adopted by the department 38,855
pursuant to division (E) of section 5139.04 of the Revised Code, 38,857
each juvenile court and the county served by that juvenile court 38,858
shall do all of the following that apply: 38,859
(a) The juvenile court shall prepare an annual grant 38,861
agreement and application for funding that satisfies the 38,862
requirements of this section and section 5139.34 of the Revised 38,864
Code and that pertains to the use, upon an order of the juvenile 38,865
court and subject to appropriation by the board of county 38,866
commissioners, of the moneys in its felony delinquent care and 38,867
custody fund for specified programs, care, and services as 38,868
described in division (C)(2)(a) of this section, shall submit 38,869
that agreement and application to the county family and children 38,870
first council, the regional family and children first council, or 38,871
the local intersystem services to children cluster as described 38,872
in sections 121.37 and 121.38 of the Revised Code, whichever is 38,874
applicable, and shall file that agreement and application with 38,875
885
the department for its approval. The annual grant agreement and 38,877
application for funding shall include a method of ensuring equal
access for minority youth to the programs, care, and services 38,879
specified in it. 38,880
The department may approve an annual grant agreement and 38,883
application for funding only if the juvenile court involved has 38,884
complied with the preparation, submission, and filing
requirements described in division (C)(3)(a) of this section. If 38,887
the juvenile court complies with those requirements and the 38,888
department approves that agreement and application, the juvenile 38,889
court and the county served by the juvenile court may expend the 38,890
state subsidy funds granted to the county pursuant to section 38,891
5139.34 of the Revised Code only in accordance with division 38,893
(C)(2)(a) of this section, the rules pertaining to state subsidy 38,895
funds that the department adopts pursuant to division (E) of 38,896
section 5139.04 of the Revised Code, and the approved agreement 38,897
and application.
(b) By the thirty-first day of August of each year, the 38,900
juvenile court shall file with the department a report that 38,901
contains all of the statistical and other information for each 38,902
month of the prior state fiscal year that will permit the 38,903
department to prepare the report described in division (D) of 38,904
this section and the annual report described in division (H) of 38,905
section 5139.04 of the Revised Code. If the juvenile court fails 38,906
to file the report required by division (C)(3)(b) of this section 38,908
by the thirty-first day of August of any year, the department 38,910
shall not disburse any payment of state subsidy funds to which 38,911
the county otherwise is entitled pursuant to section 5139.34 of 38,912
the Revised Code and shall not disburse pursuant to division 38,913
(B)(3)(a) or (b)(ii) of this section the remainder of the 38,914
applicable monthly allocation of the county until the juvenile 38,915
court fully complies with division (C)(3)(b) of this section. 38,918
(c) If the department requires the juvenile court to 38,920
prepare monthly statistical reports for use under section 5139.42 38,921
886
of the Revised Code and to submit the reports on forms provided 38,922
by the department, the juvenile court shall file those reports 38,923
with the department on the forms so provided. If the juvenile 38,924
court fails to prepare and submit those monthly statistical 38,925
reports within the department's timelines, the department shall 38,926
not disburse any payment of state subsidy funds to which the 38,927
county otherwise is entitled pursuant to section 5139.34 of the 38,928
Revised Code and shall not disburse pursuant to division 38,930
(B)(3)(a) or (b)(ii) of this section the remainder of the 38,932
applicable monthly allocation of the county until the juvenile 38,933
court fully complies with division (C)(3)(c) of this section. IF 38,935
THE JUVENILE COURT FAILS TO PREPARE AND SUBMIT THOSE MONTHLY
STATISTICAL REPORTS WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE 38,936
THE DEPARTMENT ESTABLISHES FOR THEIR SUBMISSION, THE DEPARTMENT 38,937
SHALL NOT DISBURSE ANY PAYMENT OF STATE SUBSIDY FUNDS TO WHICH 38,938
THE COUNTY OTHERWISE IS ENTITLED PURSUANT TO SECTION 5139.34 OF 38,939
THE REVISED CODE AND SHALL NOT DISBURSE PURSUANT TO DIVISION 38,941
(B)(3)(a) OR (b)(ii) OF THIS SECTION THE REMAINDER OF THE 38,943
APPLICABLE MONTHLY ALLOCATION OF THE COUNTY, AND THE STATE
SUBSIDY FUNDS AND THE REMAINDER OF THE APPLICABLE MONTHLY 38,946
ALLOCATION SHALL REVERT TO THE DEPARTMENT. IF A JUVENILE COURT 38,947
STATES IN A MONTHLY STATISTICAL REPORT THAT THE JUVENILE COURT 38,948
ADJUDICATED FIVE HUNDRED OR MORE CHILDREN TO BE DELINQUENT 38,949
CHILDREN FOR COMMITTING ACTS THAT WOULD BE FELONIES IF COMMITTED 38,950
BY ADULTS, THE JUVENILE COURT SHALL HAVE AN INDEPENDENT AUDITOR 38,951
CERTIFY THE ACCURACY OF THE DATA ON A DATE DETERMINED BY THE 38,952
DEPARTMENT.
(d) If the department requires the juvenile court and the 38,954
county to participate in a fiscal monitoring program or another 38,956
monitoring program that is conducted by the department to ensure 38,957
compliance by the juvenile court and the county with division (C) 38,958
of this section, the juvenile court and the county shall 38,959
participate in the program and fully comply with any guidelines 38,960
for the performance of audits adopted by the department pursuant 38,961
887
to that program and all requests made by the department pursuant 38,962
to that program for information necessary to reconcile fiscal 38,963
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program described in 38,965
this division determines that the juvenile court or the county 38,966
used moneys in the county's felony delinquent care and custody 38,967
fund for expenses that are not authorized under division (C) of 38,969
this section, within forty-five days after the department 38,970
notifies the county of the unauthorized expenditures, the county 38,971
either shall repay the amount of the unauthorized expenditures to 38,972
the state's general revenue fund or shall file a written appeal 38,974
with the department. If an appeal is timely filed, the director 38,975
of the department shall render a decision on the appeal and shall 38,976
notify the appellant county or its juvenile court of that 38,977
decision within forty-five days after the date that the appeal is 38,978
filed. If the director denies an appeal, the county's fiscal 38,979
agent shall repay the amount of the unauthorized expenditures to 38,980
the state's general revenue fund within thirty days after 38,981
receiving the director's notification of the appeal decision. If 38,982
the county fails to make the repayment within that thirty-day 38,984
period and if the unauthorized expenditures pertain to moneys 38,986
allocated under sections 5139.41 to 5139.45 of the Revised Code, 38,988
the department shall deduct the amount of the unauthorized 38,990
expenditures from the next monthly allocation of those moneys to 38,992
the county in accordance with this section or from the 38,993
allocations that otherwise would be made under those sections to 38,995
the county during the next state fiscal year in accordance with 38,997
this section and shall return that deducted amount to the state's 38,998
general revenue fund. If the county fails to make the repayment 38,999
within that thirty-day period and if the unauthorized 39,000
expenditures pertain to moneys granted pursuant to section 39,001
5139.34 of the Revised Code, the department shall deduct the 39,003
amount of the unauthorized expenditures from the next annual 39,004
grant to the county pursuant to that section and shall return 39,005
888
than deducted amount to the state's general revenue fund. 39,006
(D) On or prior to the first day of December of each year, 39,009
the department of youth services shall submit to the joint
legislative committee on juvenile corrections overcrowding a 39,010
report that pertains to the operation of sections 5139.34 and 39,011
5139.41 to 5139.45 of the Revised Code during the immediately 39,012
preceding state fiscal year and that includes, but is not limited 39,013
to, the following: 39,014
(1) A description of the programs, care, and services that 39,017
were financed under those sections in each county; 39,018
(2) The number of felony delinquents, other delinquent 39,020
children, unruly children, and juvenile traffic offenders served 39,021
by the programs, care, and services in each county; 39,022
(3) The total number of children adjudicated in each 39,025
juvenile court as felony delinquents; 39,026
(4) The total number of felony delinquents who were 39,028
committed by the juvenile court of each county to the department 39,029
and who were in the care and custody of an institution or a 39,030
community corrections facility; 39,031
(5) A breakdown of the felony delinquents described in 39,033
division (D)(4) of this section on the basis of the types and 39,034
degrees of felonies committed, the ages of the felony delinquents 39,035
at the time they committed the felonies, and the sex and race of 39,036
the felony delinquents. 39,037
(E) THE DETERMINATION OF WHICH COUNTY A REDUCTION OF THE 39,039
MONTHLY CARE AND CUSTODY ALLOCATION WILL BE CHARGED AGAINST FOR A 39,040
PARTICULAR YOUTH SHALL BE MADE AS OUTLINED BELOW FOR ALL YOUTHS 39,042
WHO DO NOT QUALIFY AS PUBLIC SAFETY BEDS. THE DETERMINATION OF 39,043
WHICH COUNTY A REDUCTION OF THE MONTHLY CARE AND CUSTODY 39,044
ALLOCATION WILL BE CHARGED AGAINST SHALL BE MADE AS FOLLOWS UNTIL 39,045
EACH YOUTH IS RELEASED:
(1) IN THE EVENT OF A COMMITMENT, THE REDUCTION SHALL BE 39,047
CHARGED AGAINST THE COMMITTING COUNTY. 39,048
(2) IN THE EVENT OF A RECOMMITMENT, THE REDUCTION SHALL BE 39,050
889
CHARGED AGAINST THE ORIGINAL COMMITTING COUNTY UNTIL THE 39,051
EXPIRATION OF THE MINIMUM PERIOD OF INSTITUTIONALIZATION UNDER 39,052
THE ORIGINAL ORDER OF COMMITMENT OR UNTIL THE DATE ON WHICH THE 39,053
YOUTH IS ADMITTED TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO 39,054
THE ORDER OF RECOMMITMENT, WHICHEVER IS LATER. REDUCTIONS OF THE 39,055
MONTHLY ALLOCATION SHALL BE CHARGED AGAINST THE COUNTY THAT 39,056
RECOMMITTED THE YOUTH AFTER THE MINIMUM EXPIRATION DATE OF THE 39,057
ORIGINAL COMMITMENT. 39,058
(3) IN THE EVENT OF A REVOCATION OF A RELEASE ON PAROLE, 39,060
THE REDUCTION SHALL BE CHARGED AGAINST THE ORIGINAL COMMITTING 39,061
COUNTY.
Sec. 5139.50. (A) The release authority of the department 39,070
of youth services is hereby created as an independent 39,072
administrative division A BUREAU in the department. The release 39,074
authority shall consist of five members who are appointed by the 39,075
director of youth services and who have the qualifications 39,076
specified in division (B) of this section. The members of the 39,077
release authority shall devote their full time to the duties of 39,078
the release authority and shall neither seek nor hold other 39,079
public office. The members shall be in the unclassified civil 39,080
service.
(B) A person appointed as a member of the release 39,082
authority shall have a bachelor's degree from an accredited 39,083
college or university or equivalent relevant experience and shall 39,084
have the skills, training, or experience necessary to analyze 39,086
issues of law, administration, and public policy. The membership 39,087
of the release authority shall represent, insofar as practicable, 39,088
the diversity found in the children in the legal custody of the 39,089
department of youth services. 39,090
In appointing the five members, the director shall ensure 39,092
that the appointments include all of the following: 39,093
(1) At least four members who have five or more years of 39,096
experience in criminal justice, juvenile justice, or an
equivalent relevant profession; 39,097
890
(2) At least one member who has experience in victim 39,099
services or advocacy or who has been a victim of a crime or is a 39,100
family member of a victim; 39,101
(3) At least one member who has experience in direct care 39,104
services to delinquent children;
(4) At least one member who holds a juris doctor degree 39,106
from an accredited college or university. 39,107
(C) The initial appointments of members of the release 39,110
authority shall be for a term of six years for the chairperson 39,111
and one member, a term of four years for two members, and a term 39,112
of two years for one member. Thereafter, members shall be 39,113
appointed for six-year terms. At the conclusion of a term, a 39,114
member shall hold office until the appointment and qualification 39,115
of the member's successor. The director shall fill a vacancy 39,116
occurring before the expiration of a term for the remainder of 39,117
that term AND MAY APPOINT AN INTERIM MEMBER TO FULFILL THE 39,118
DUTIES OF A MEMBER WHO IS ON EXTENDED LEAVE OR DISABILITY STATUS. 39,119
A member may be reappointed, but a member may serve no more than 39,120
two consecutive terms regardless of the length of the member's 39,121
initial term. A member may be removed for good cause shown after 39,123
a full and open hearing by the release authority, if requested by 39,124
the member, at which the member has an opportunity to respond to 39,125
the allegations that provide the basis for a call for removal 39,126
DIRECTOR.
(D) The director of youth services shall designate as 39,129
chairperson of the release authority one of the members who has 39,130
experience in criminal justice, juvenile justice, or an 39,131
equivalent relevant profession. The chairperson shall have full 39,132
authority over the administration and management of the release 39,133
authority, BE A MANAGING OFFICER OF THE DEPARTMENT, SHALL 39,134
SUPERVISE THE MEMBERS OF THE BOARD AND THE OTHER STAFF IN THE
BUREAU, AND shall perform all duties and functions necessary to 39,136
ensure that the release authority discharges its 39,137
responsibilities, and shall act as the appointing authority for 39,140
891
all staff of the release authority. The chairperson shall employ 39,141
staff as necessary to carry out the duties of the release 39,142
authority, including hearing representatives to participate in 39,143
the hearing of cases on review and persons to provide 39,144
administrative support. The chairperson shall serve as the 39,145
official spokesperson for the release authority. 39,146
(E) A majority of the members of the release authority 39,149
shall constitute a quorum for transacting the official business 39,150
of the authority. The actions of the release authority shall be 39,151
determined by a majority vote of the quorum. 39,152
(F) The release authority shall do all of the following: 39,155
(1) Serve as the final and sole authority for making MAKE 39,157
decisions, in the interests of public safety and the children 39,158
involved, regarding the release and discharge of all children 39,160
committed to the legal custody of the department of youth 39,161
services, except children placed on judicial release or early 39,162
release by a juvenile court, children who have not completed a 39,163
prescribed minimum period of time or prescribed period of time in 39,164
a secure facility, or children who are required to remain in a
secure facility until they attain twenty-one years of age; 39,165
(2) Establish written policies and procedures for 39,167
conducting a periodic review REVIEWS of the status of each child 39,168
CHILDREN in the custody of the department, setting or modifying 39,170
dates of release and discharge for each child, specifying 39,171
COMMUNICATING TO THE COURT the duration, terms, and conditions of 39,173
release to be carried out in supervised release subject to the
addition of additional consistent terms and conditions by a court 39,174
in accordance with section 5139.51 of the Revised Code, and 39,176
giving a child notice of all reviews;
(3) Maintain records of its official actions, decisions, 39,179
orders, and hearing summaries and make the records accessible in 39,180
accordance with division (D) of section 5139.05 of the Revised 39,181
Code;
(4) Cooperate with public and private agencies, 39,183
892
communities, private groups, and individuals for the development 39,184
and improvement of its services; 39,185
(5) Collect, develop, and maintain statistical information 39,188
regarding its services and decisions;
(6) Submit to the director an annual report that includes 39,190
a description of the operations of the release authority, an 39,191
evaluation of its effectiveness, recommendations for statutory, 39,192
budgetary, or other changes necessary to improve its 39,193
effectiveness, and any other information required by the 39,194
director;
(7) Adopt rules and written policies and procedures to 39,196
govern its operations. 39,197
(G)(F) The release authority may do any of the following: 39,200
(1) Conduct inquiries, investigations, and reviews and 39,203
hold hearings and other proceedings necessary to properly
discharge its responsibilities; 39,204
(2) Issue subpoenas, enforceable in a court of law, to 39,206
compel a person to appear, give testimony, or produce documentary 39,208
information or other tangible items relating to a matter under 39,209
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons 39,211
under oath; 39,212
(4) Request assistance, services, and information from a 39,215
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and 39,216
information from the public agency in a reasonable period of 39,217
time;
(5) Request from a public agency or any other entity that 39,219
provides or has provided services to a child committed to the 39,220
department's legal custody information to enable the release 39,221
authority to properly discharge its responsibilities with respect 39,223
to that child and receive the information from the public agency
or other entity in a reasonable period of time; 39,224
(6) Require that the terms and conditions of a child's 39,226
893
supervised release be enforced during the period of supervised 39,227
release until discharge; 39,228
(7) Exercise any other powers necessary to discharge its 39,231
responsibilities.
(H) The release authority shall adopt specific written 39,233
policies governing the discharge of its responsibilities either 39,235
by the full membership of the authority or by the delegation of 39,236
authority to one or more members of the release authority or to 39,237
hearing representatives. The policy shall require that a hearing 39,238
be conducted by not fewer than two members of the release 39,239
authority, two hearing representatives, or a combination of a 39,240
member of the authority and a hearing representative. 39,241
(I) The release authority shall not delegate its authority 39,244
to make final decisions regarding policy or the release of a 39,245
child.
(J)(G) The release authority shall adopt a written policy 39,247
and procedures governing appeals of its release and discharge 39,249
decisions. The policy shall provide that a child may appeal to 39,252
the full release authority a decision denying release or 39,253
discharge made at a hearing conducted by a panel that does not 39,254
include all of the members of the release authority. The policy 39,255
also shall provide that if a decision denying release or 39,256
discharge is made by the full release authority, the child may 39,257
request one appeal hearing at which the child shall be afforded a 39,259
final opportunity to present new or additional information
related to any of the reasons enumerated by the release authority 39,260
in the decision under appeal. The release authority shall 39,261
consider an appeal in accordance with the policy and procedure 39,262
established under this division. 39,263
(K)(H) The legal staff of the department of youth services 39,266
shall provide assistance, upon request, to the release authority 39,269
in the formulation of policy and in its handling of individual 39,270
cases. The attorney general shall provide legal representation 39,271
for the release authority. The department of youth services 39,272
894
shall provide the release authority with a budget sufficient to 39,273
properly perform its obligations and responsibilities, subject to 39,274
administrative controls.
Sec. 5139.51. (A) The release authority of the department 39,283
of youth services shall not release a child who is in the custody 39,284
of the department of youth services from institutional care or 39,285
institutional care in a secure facility and shall not discharge 39,286
the child or order the child's release on supervised release 39,287
prior to the expiration of the prescribed minimum period of 39,288
institutionalization or institutionalization in a secure facility 39,289
or prior to the child's attainment of twenty-one years of age,
whichever is applicable under the order of commitment, other than 39,290
as is provided in division (A) of section 2151.38 of the Revised 39,291
Code. The release authority may conduct periodic reviews of the 39,292
case of each child who is in the custody of the department and 39,293
who is eligible for supervised release or discharge after 39,295
completing the minimum period of time or period of time in an 39,296
institution prescribed by the committing court. At least thirty
days prior to conducting a periodic review of the case of a child 39,297
who was committed to the department regarding the possibility of 39,300
supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge 39,301
review under division (E) of this section, the release authority 39,303
shall give notice of the review or hearing to the court that 39,305
committed the child, to the prosecuting attorney in the case, and 39,306
to the victim of the delinquent act for which the child was 39,307
committed or the victim's representative. If a child is on
supervised release and has had the child's parole revoked, and 39,308
if, upon release, there is insufficient time to provide the 39,309
notices otherwise required by this division, the release 39,310
authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court 39,311
that committed the child, to the prosecuting attorney in the 39,312
case, and to the victim of the delinquent act for which the child 39,313
895
was committed or the victim's representative. The court or 39,316
prosecuting attorney may submit to the release authority written 39,317
comments regarding, or written objections to, the supervised 39,318
release or discharge of that child. Additionally, if the child 39,319
was committed for an act that is a category one or category two 39,320
offense, the court or prosecuting attorney orally may communicate 39,321
to a representative of the release authority comments regarding, 39,322
or objections to, the supervised release or discharge of the 39,323
child or, if a hearing is held regarding the possible release or 39,325
discharge of the child, may communicate those comments at the 39,326
hearing. In conducting the review of the child's case regarding 39,328
the possibility of supervised release or discharge, the release 39,329
authority shall consider any comments and objections so submitted 39,330
or communicated by the court or prosecutor and any statements or 39,332
comments submitted or communicated under section 5139.56 of the 39,333
Revised Code by a victim of an act for which the child was 39,334
committed to the legal custody of the department or by the 39,335
victim's representative of a victim of an act of that type. 39,336
The release authority shall determine the date on which a 39,338
child may be placed on supervised release or discharged. If the 39,340
release authority believes that a child should be placed on 39,341
supervised release, it shall comply with division (B) of this 39,342
section. If the release authority believes that a child should 39,343
be discharged, it shall comply with division (C) or (E) of this 39,345
section. If the release authority denies the supervised release 39,347
or discharge of a child, it shall provide the child with a 39,348
written record of the reasons for the decision. 39,349
(B)(1) When the release authority DEPARTMENT decides to 39,352
place a child on supervised release, consistent with division (D) 39,354
of this section, it shall prepare a written supervised release 39,355
plan that specifies the terms and conditions upon which the child 39,356
is to be released from an institution on supervised release and, 39,357
at least thirty days prior to the release of the child on the 39,358
supervised release, shall send to the committing court and the 39,359
896
juvenile court of the county in which the child will be placed a 39,360
copy of the supervised release plan and the terms and conditions 39,361
that it fixes OF RELEASE. The juvenile court of the county in 39,362
which the child will be placed, within fifteen days after its 39,364
receipt of the copy of the supervised release plan, may add to 39,366
the supervised release plan any additional consistent terms and 39,367
conditions it considers appropriate, provided that the court may 39,368
not add any term or condition that decreases the level or degree 39,369
of supervision specified by the release authority in the plan, 39,370
that substantially increases the financial burden of supervision 39,371
that will be experienced by the department of youth services, or 39,372
that alters the placement specified by the release authority in 39,373
the plan.
If, within fifteen days after its receipt of the copy of 39,376
the release authority's supervised release plan, the juvenile 39,377
court of the county in which the child will be placed does not 39,378
add to the supervised release plan any additional terms and 39,379
conditions, the court shall enter the release authority's 39,380
supervised release plan in its journal within that fifteen-day 39,381
period and, within that fifteen-day period, shall send to the 39,382
release authority a copy of the journal entry of the supervised
release plan. The journalized plan shall apply regarding the 39,383
child's supervised release. 39,384
If, within fifteen days after its receipt of the copy of 39,387
the release authority's supervised release plan, the juvenile 39,388
court of the county in which the child will be placed adds to the 39,389
supervised release plan any additional terms and conditions, the 39,390
court shall enter the release authority's supervised release plan 39,391
and the additional terms and conditions in its journal and, 39,394
within that fifteen-day period, shall send to the release
authority a copy of the journal entry of the supervised release 39,395
plan and additional terms and conditions. The journalized 39,398
supervised release plan and additional terms and conditions added 39,399
by the court that satisfy the criteria described in this division 39,400
897
shall apply regarding the child's supervised release. 39,401
If, within fifteen days after its receipt of the copy of 39,403
the supervised release plan, the juvenile court of the county in 39,404
which the child will be placed neither enters in its journal the 39,405
release authority's supervised release plan nor enters in its 39,406
journal the release authority's supervised release plan plus 39,407
additional terms and conditions added by the court, the court and 39,408
the department of youth services may attempt to resolve any 39,409
differences regarding the plan within three days. If a 39,410
resolution is not reached within that three-day period, 39,411
thereafter, the release authority's supervised release plan shall 39,412
be enforceable to the same extent as if the court actually had 39,414
entered the release authority's supervised release plan in its 39,415
journal. 39,416
(2) When the release authority receives from the court a 39,419
copy of the journalized supervised release plan and, if 39,420
applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep 39,422
the original copy or copies in the child's file and shall provide 39,423
a copy of each document to the child, the employee of the 39,424
department who is assigned to supervise and assist the child 39,425
while on release, and the committing court. 39,426
(C) If a child who is in the custody of the department of 39,428
youth services was committed pursuant to division (A)(4) or (5) 39,430
of section 2151.355 of the Revised Code and has been 39,431
institutionalized or institutionalized in a secure facility for 39,432
the prescribed minimum periods of time under those divisions and 39,433
if the release authority is satisfied that the discharge of the 39,434
child without the child being placed on supervised release would 39,435
be consistent with the welfare of the child and protection of the 39,437
public, the release authority DEPARTMENT, without approval of the 39,438
court that committed the child, may discharge the child from its 39,439
custody and control without placing the child on supervised 39,440
release. Additionally, the department may discharge a child in 39,441
898
its custody without the child being placed on supervised release 39,442
if the child is removed from the jurisdiction of this state by a 39,443
court order of a court of this state, another state, or the 39,444
United States, or by any agency of this state, another state, or 39,445
the United States, if the child is convicted of or pleads guilty 39,446
to any criminal offense, or as otherwise provided by law. At 39,447
least fifteen days before the scheduled date of discharge of the 39,449
child without the child being placed on supervised release, the 39,450
department shall notify the committing court, in writing, that it 39,451
is going to discharge the child and of the reason for the 39,452
discharge. Upon discharge of the child without the child being 39,453
placed on supervised release, the department immediately shall 39,454
certify the discharge in writing and shall transmit the 39,455
certificate of discharge to the committing court. 39,456
(D) In addition to requirements that are reasonably 39,459
related to the child's prior pattern of criminal or delinquent 39,460
behavior and the prevention of further criminal or delinquent 39,461
behavior, the release authority DEPARTMENT shall specify the 39,462
following requirements for each child whom it releases: 39,463
(1) The child shall observe the law. 39,465
(2) The child shall maintain appropriate contact, as 39,467
specified in the written supervised release document PLAN for 39,468
that child, with the employee of the department assigned to 39,470
supervise and assist the child. 39,471
(3) The child shall not change residence unless the child 39,474
seeks prior approval for the change from the employee of the 39,475
department assigned to supervise and assist the child, provides 39,477
that employee, at the time the child seeks the prior approval for 39,478
the change, with appropriate information regarding the new 39,480
residence address at which the child wishes to reside, and 39,481
obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend 39,484
from the date of release from an institution until the child 39,485
attains twenty-one years of age. If the period of supervised 39,486
899
release extends beyond one year after the date of release, the 39,487
child may request in writing that the release authority conduct a 39,488
discharge review after the expiration of the one-year period or 39,489
the minimum period or period. If the child so requests, the 39,490
release authority shall conduct a discharge review and give the 39,491
child its decision in writing. The release authority shall not 39,492
grant a discharge prior to the discharge date if it finds good 39,493
cause for retaining the child in the custody of the department 39,494
until the discharge date. A child may request an additional 39,495
discharge review six months after the date of a previous 39,496
discharge review decision, but not more than once during any 39,497
six-month period after the date of a previous discharge review 39,498
decision.
(F) At least two weeks before the release authority places 39,500
on supervised release or discharges a child who was committed to 39,504
the legal custody of the department IS PLACED ON SUPERVISED
RELEASE OR DISCHARGED, the release authority shall provide notice 39,506
of the release or discharge as follows: 39,507
(1) In relation to the placement on supervised release OR 39,509
DISCHARGE of a child who was committed to the department for 39,511
committing an act that is a category one or category two offense 39,512
and in relation to the discharge of a child who was committed to 39,513
the department for committing any act, the release authority 39,514
shall notify, by the specified deadline, all of the following of 39,515
the release or discharge: 39,516
(a) The prosecuting attorney of the county in which the 39,518
child was adjudicated a delinquent child and committed to the 39,519
custody of the department; 39,520
(b) Whichever of the following is applicable: 39,522
(i) If upon the supervised release or discharge the child 39,524
will reside in a municipal corporation, the chief of police or 39,525
other chief law enforcement officer of that municipal 39,526
corporation;
(ii) If upon the supervised release or discharge the child 39,528
900
will reside in an unincorporated area of a county, the sheriff of 39,529
that county.
(2) In relation to the placement on supervised release or 39,531
discharge of a child who was committed to the department for 39,532
committing any act, the release authority shall notify, by the 39,533
specified deadline, each victim of the act for which the child 39,535
was committed to the legal custody of the department who, 39,536
pursuant to section 5139.56 of the Revised Code, has requested to 39,538
be notified of the placement of the child on supervised release 39,539
or the discharge of the child, provided that, if any victim has 39,541
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification 39,542
required by this division shall be provided to that victim's 39,543
representative. 39,544
Sec. 5139.55. (A)(1) The office of victims' services is 39,554
hereby created within the release authority of the department of 39,555
youth services. The office of victims' services shall provide 39,556
assistance to victims, victims' representatives, and members of a 39,557
victim's family. The assistance shall include, but shall not be 39,558
limited to, all of the following: 39,559
(a) If the court has provided the name and address of the 39,562
victims of the child's acts to the department of youth services, 39,563
notification that the child has been committed to the department, 39,564
notification of the right of the victim or another authorized 39,565
person to designate a person as a victim's representative under 39,567
section 5139.56 of the Revised Code and of the actions that must 39,569
be taken to make that designation, and notification of the right 39,570
to be notified of release reviews, pending release hearings, 39,571
revocation reviews, and discharge reviews related to that child 39,572
and of the right to participate in release proceedings under that 39,573
section and of the actions that must be taken to exercise those 39,574
rights;
(b) The provision of information about the policies and 39,577
procedures of the department of youth services and the status of
901
children in the legal custody of the department. 39,578
(2) The office shall make available publications 39,581
INFORMATION to assist victims in contacting staff of the 39,583
department about problems with OF DELINQUENT children on 39,585
supervised release or in a secure facility.
(B) The office of victims' services shall employ a victims 39,588
coordinator who shall administer the duties of the office. The 39,589
victims coordinator shall be in the unclassified civil service 39,590
and, as a managing officer of the department, shall report 39,591
directly to the chairperson of the release authority. The office 39,592
shall employ other staff members to assist the members of the 39,593
release authority and hearing representatives in identifying 39,594
victims' issues, ensure that the release authority upholds the 39,595
provisions of section 5139.56 of the Revised Code, and make 39,596
recommendations to the release authority in accordance with 39,597
policies adopted by the department. The chairperson of the 39,598
release authority shall approve the hiring of the employees of 39,599
the office.
(C) The office of victims' services shall coordinate its 39,602
activities with the chairperson of the release authority. The 39,603
victims coordinator and other employees of the office shall have 39,604
full access to the records of children in the legal custody of 39,605
the department in accordance with division (D) of section 5139.05 39,606
of the Revised Code.
Sec. 5145.30. (A) As used in this section: 39,615
(1) "Free weight exercise equipment" means any equipment 39,617
or device that is designed to increase the muscle mass and 39,618
physical strength of the person using it. "Free weight exercise 39,619
equipment" includes, but is not limited to, barbells, dumbbells, 39,621
weight plates, and similar free weight-type equipment and other 39,622
devices that the department of rehabilitation and correction, in
rules adopted under section 5120.423 of the Revised Code, 39,623
designates as enabling a person to increase muscle mass and 39,624
physical strength.
902
(2) "Fixed weight exercise equipment" means any equipment, 39,626
machine, or device that is not designed primarily to increase 39,628
muscle mass and physical strength but rather to keep a person in 39,629
relatively good physical condition. "Fixed weight exercise 39,630
equipment" includes, but is not limited to, weight machines that 39,631
utilize weight plates, tension bands, or similar devices that 39,632
provide weight training resistance like universal and nautilus 39,633
equipment. "Fixed weight exercise equipment" includes machines 39,634
that are usually assembled as a unit, are not readily dismantled, 39,636
and have been specifically modified for prison use so as to make 39,637
them secure and immobile.
(B)(1) No officer or employee of a correctional 39,639
institution under the control or supervision of the department of 39,640
rehabilitation and correction shall do any of the following: 39,641
(1)(a) Provide a prisoner access to free weight exercise 39,643
equipment; 39,644
(2)(b) Provide a prisoner access to fixed weight exercise 39,646
equipment unless the prisoner is incarcerated in a minimum or 39,648
medium security facility. Such a prisoner shall be allowed 39,649
access to such equipment for no more than three hours per week. 39,650
The prisoner shall be supervised at all times access is
permitted, and a list documenting names of prisoners and 39,651
supervising personnel, dates, and times of usage shall be 39,652
maintained at each facility.
(3)(c) Allow a prisoner to provide or receive instruction 39,654
in boxing, wrestling, karate, judo, or another form of martial 39,657
arts, or any other program that the department, in rules adopted 39,658
under section 5120.423 of the Revised Code, designates as 39,659
enabling a person to improve fighting skills. 39,660
(C)(2) Nothing in DIVISION (B)(1) OF this section 39,663
prohibits an officer or employee of a correctional institution 39,664
under the control or supervision of the department from allowing 39,665
a prisoner to participate in jogging, basketball, stationary
exercise bicycling, supervised calisthenics, or other physical 39,667
903
activities that are not designed to increase muscle mass and 39,668
physical strength or improve fighting skills. 39,669
(C) ALL OF THE FOLLOWING APPLY REGARDING EACH CORRECTIONAL 39,672
INSTITUTION UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 39,673
REHABILITATION AND CORRECTION THAT HOUSES ANY PRISONERS: 39,674
(1) THE DEPARTMENT SHALL PROVIDE CLOTHING FOR ALL 39,676
PRISONERS WHO ARE HOUSED IN THE INSTITUTION THAT IS CONSPICUOUS 39,677
IN ITS COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY 39,678
IDENTIFIES ITS WEARER AS A PRISONER, AND THAT IS READILY 39,679
DISTINGUISHABLE FROM CLOTHING OF A NATURE THAT NORMALLY IS WORN 39,680
OUTSIDE THE INSTITUTION BY NON-PRISONERS, SHALL REQUIRE ALL 39,681
PRISONERS HOUSED IN THE INSTITUTION TO WEAR THE CLOTHING SO 39,682
PROVIDED, AND SHALL NOT PERMIT ANY PRISONER, WHILE INSIDE OR ON 39,683
THE PREMISES OF THE INSTITUTION, TO WEAR ANY CLOTHING OF A NATURE 39,685
THAT DOES NOT CONSPICUOUSLY IDENTIFY ITS WEARER AS A PRISONER AND 39,686
THAT NORMALLY IS WORN OUTSIDE THE INSTITUTION BY NON-PRISONERS. 39,687
(2) THE SECURITY CLASSIFICATION SCHEDULE THE DEPARTMENT 39,689
USES FOR PRISONERS HOUSED IN THE INSTITUTION SHALL REQUIRE THE 39,690
CONSIDERATION OF ALL INFORMATION RELEVANT TO THE CLASSIFICATION, 39,691
INCLUDING, BUT NOT LIMITED TO, ALL PENDING CRIMINAL CHARGES 39,692
AGAINST THE PRISONER BEING CLASSIFIED, THE OFFENSE FOR WHICH THE 39,693
PRISONER WILL BE CONFINED IN THE INSTITUTION, AND ALL PRIOR 39,694
CONVICTIONS OF OR PLEAS OF GUILTY BY THE PRISONER. 39,695
Sec. 5153.123. NOTWITHSTANDING SECTIONS 102.03, 102.04, 39,697
2921.42, AND 2921.43 OF THE REVISED CODE, AN EMPLOYEE OF ANY 39,698
PUBLIC CHILDREN SERVICES AGENCY OR ANY COUNTY DEPARTMENT OF HUMAN 39,699
SERVICES MAY ENTER INTO A CONTRACT WITH A PRIVATE AGENCY TO 39,701
PROVIDE TRAINING TO EMPLOYEES OF ANY PUBLIC CHILDREN SERVICES 39,702
AGENCY OR ANY COUNTY DEPARTMENT OF HUMAN SERVICES IF ALL OF THE 39,703
FOLLOWING CONDITIONS ARE MET: 39,704
(A) THE EMPLOYEE RECEIVES PRIOR WRITTEN PERMISSION FROM 39,706
THE EXECUTIVE DIRECTOR OF THE PUBLIC CHILDREN SERVICES AGENCY OR 39,707
COUNTY DEPARTMENT OF HUMAN SERVICES FOR WHICH THE EMPLOYEE WORKS. 39,708
(B) DURING ANY CONTRACT NEGOTIATIONS AND AT ALL TIMES 39,710
904
ASSOCIATED WITH THE PERFORMANCE OF DUTIES UNDER THE CONTRACT, THE 39,711
EMPLOYEE IS ON VACATION, PERSONAL, OR UNPAID LEAVE FROM THE 39,712
PUBLIC CHILDREN SERVICES AGENCY OR COUNTY DEPARTMENT OF HUMAN 39,713
SERVICES FOR WHICH THE EMPLOYEE WORKS.
(C) THE DEPARTMENT OF HUMAN SERVICES SELECTS THE PRIVATE 39,715
AGENCY THAT PROVIDES THE TRAINING PURSUANT TO A CONTRACT. 39,716
(D) THE EMPLOYEE IS NOT INVOLVED IN THE DEVELOPMENT OF THE 39,718
REQUEST FOR PROPOSALS TO HIRE A PRIVATE AGENCY FOR THE TRAINING, 39,719
OR IN THE SELECTION OF THE PRIVATE AGENCY THAT RECEIVES THE 39,721
TRAINING CONTRACT.
(E) THE PRIVATE AGENCY USES AN OBJECTIVE TRAINING 39,723
EVALUATION PROCESS APPROVED BY THE STATE DEPARTMENT OF HUMAN 39,724
SERVICES TO EVALUATE AND RANK TRAINERS BY PERFORMANCE TO SELECT 39,726
THE HIGHEST SCORING TRAINERS FOR CONTRACTING PURPOSES.
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of 39,735
the Revised Code:
(A) "Agency" means any administrative or operational 39,737
division, including an office, department, bureau, board, 39,738
commission, or authority, of the state or of a political 39,739
subdivision thereof, including volunteer agencies, organizations, 39,740
or departments. 39,741
(B) "Attack" means any attack, either actual or imminent, 39,743
or a series of attacks by an actual or potential enemy of the 39,744
United States or by a foreign nation upon the United States that 39,745
causes or may cause substantial damage to or destruction of life, 39,746
property, or the environment within the United States or that is 39,747
designed to injure the military or economic strength of the 39,748
United States. "Attack" includes, without limitation, acts of 39,749
sabotage, acts of terrorism, invasion, the use of bombs or 39,750
shellfire, conventional, nuclear, chemical, or biological 39,751
warfare, and the use of other weapons or processes. 39,752
(C) "Chief executive" means the president of the United 39,754
States, the governor of this state, the board of county 39,755
commissioners of any nonchartered county, the executive authority 39,756
905
of any county established under Section 3 of Article X, Ohio 39,757
Constitution, or Chapter 302. of the Revised Code, the board of 39,758
township trustees of any township, or the mayor or city manager 39,759
of any municipal corporation within this state. 39,760
(D) "Civil defense" is an integral part of emergency 39,762
management that includes all those activities and measures 39,763
designed or undertaken to minimize the effects upon the civilian 39,764
population caused or which THAT would be caused by any hazard and 39,766
to effect emergency repairs to, or the emergency restoration of, 39,767
vital equipment, resources, supplies, utilities, and facilities 39,768
necessary for survival and for the public health, safety, and 39,769
welfare that would be damaged or destroyed by any hazard. "Civil 39,770
defense" includes, but is not limited to: 39,771
(1) Those measures to be taken during a hazard, including 39,773
all of the following: 39,774
(a) The enforcement of those passive defense regulations 39,776
necessary for the protection of the civilian population and 39,777
prescribed by duly established military or civil authorities; 39,778
(b) The evacuation of personnel to shelter areas; 39,780
(c) The control of traffic and panic situations; 39,782
(d) The control and use of emergency communications, 39,784
lighting, and warning equipment and systems. 39,785
(2) Those measures to be taken after a hazard has 39,787
occurred, including all of the following: 39,788
(a) Activities necessary for fire fighting FIREFIGHTING, 39,790
rescue, emergency, medical, health, and sanitation services; 39,792
(b) Monitoring for secondary hazards that could be caused 39,794
from the initiating event; 39,795
(c) Damage assessment and disaster analysis operations; 39,797
(d) Coordination of disaster assistance programs; 39,799
(e) Monitoring for effects from weapons; 39,801
(f) Unexploded bomb reconnaissance; 39,803
(g) Essential debris clearance; 39,805
(h) Decontamination operations; 39,807
906
(i) Documentation of operations and financial expenses; 39,809
(j) Resource control; 39,811
(k) Any other activities that may be necessary for 39,813
survival and the overall health, safety, and welfare of the 39,814
civilian population. 39,815
(E) "Disaster" means any imminent threat or actual 39,817
occurrence of widespread or severe damage to or loss of property, 39,818
personal hardship or injury, or loss of life that results from 39,819
any natural phenomenon or act of man A HUMAN. 39,820
(F) "Emergency" means any period during which the congress 39,822
of the United States or a chief executive has declared or 39,823
proclaimed that an emergency exists. 39,824
(G) "Emergency management" includes all emergency 39,826
preparedness and civil defense activities and measures, whether 39,827
or not mentioned or described in sections 5502.21 to 5502.51 of 39,829
the Revised Code, that are designed or undertaken to minimize the 39,830
effects upon the civilian population caused or that could be 39,831
caused by any hazard and that are necessary to address 39,832
mitigation, emergency preparedness, response, and recovery. 39,833
(H) "Emergency preparedness" is an integral part of 39,835
emergency management that includes those activities and measures 39,836
designed or undertaken in preparation for any hazard, including, 39,838
but not limited to, natural disasters and hazards involving 39,839
hazardous materials or radiological materials, and that will 39,841
enhance the probability for preservation of life, property, and 39,842
the environment. "Emergency preparedness" includes, without
limitation: 39,843
(1) The establishment of appropriate agencies and 39,845
organizations; 39,846
(2) The development of necessary plans and standard 39,848
operating procedures for mitigation, preparation, response, and 39,849
recovery purposes, including, without limitation, the development 39,850
of supporting agreements and memorandums of understanding; 39,851
(3) Hazard identification; 39,853
907
(4) Capability assessment; 39,855
(5) The recruitment, retention, and training of personnel; 39,857
(6) The development, printing, and distribution of 39,859
emergency public information, education, and training materials 39,860
and programs; 39,861
(7) The necessary conduct of research; 39,863
(8) The development of resource inventories; 39,865
(9) The procurement and stockpiling of equipment, food, 39,867
water, medical supplies, and any other supplies necessary for 39,868
survival and for the public health, safety, and welfare; 39,869
(10) The development and construction of public shelter 39,871
facilities and shelter spaces; 39,872
(11) The development and construction of emergency 39,874
operations centers for the conduct and support of coordination, 39,875
direction, and control activities; 39,876
(12) When appropriate and considered necessary, the 39,878
nonmilitary evacuation or temporary relocation of the civilian 39,879
population. 39,880
(I) "Hazard" means any actual or imminent threat to the 39,882
survival or overall health, safety, or welfare of the civilian 39,883
population that is caused by any natural, man-made HUMAN-MADE, or 39,885
technological event. "Hazard" includes, without limitation, an 39,886
attack, disaster, and emergency. 39,887
(J) "Hazard identification" means an identification, 39,889
historical analysis, inventory, or spatial distribution of risks 39,890
that could affect a specific geographical area and that would 39,891
cause a threat to the survival, health, safety, or welfare of the 39,892
civilian population, the property of that population, or the 39,893
environment. 39,894
(K) "Law" includes a general or special statute, law, 39,896
local law, ordinance, resolution, rule, order, or rule of common 39,897
law. 39,898
(L) "Mitigation" means all those activities that reduce or 39,900
eliminate the probability of a hazard. "Mitigation" also 39,901
908
includes long-term activities and measures designed to reduce the 39,902
effects of unavoidable hazards. 39,903
(M) "Political subdivision" means a county, township, or 39,905
municipal corporation in this state. 39,906
(N) "Recovery" includes all those activities required and 39,908
necessary to return an area to its former condition to the extent 39,909
possible following the occurrence of any hazard. 39,910
(O) "Response" includes all those activities that occur 39,912
subsequent to any hazard and that provide emergency assistance 39,913
from the effects of any such hazard, reduce the probability of 39,914
further injury, damage, or destruction, and are designed or 39,915
undertaken to speed recovery operations. 39,916
(P) "Structure" includes shelters, additions to or 39,918
alterations of existing buildings, and portions of existing 39,919
buildings dedicated to public use, made and designed exclusively 39,920
for protection against the shock or other effects of nuclear, 39,921
biological, or chemical warfare, special housing for equipment, 39,922
and all other structural means of protection of individuals and 39,923
property against any hazard. 39,924
(Q) "Equipment" includes fire-fighting, first-aid, 39,926
emergency medical, hospital, salvage, and rescue equipment and 39,927
materials, equipment for evacuation or relocation of individuals, 39,928
radiological monitoring equipment, hazardous materials response 39,929
gear, communications equipment, warning equipment, and all other 39,930
means, in the nature of personal property, to be used exclusively 39,931
in the protection of individuals and property against the effects 39,932
of any hazard. 39,933
(R) "Certifying authority" means the deputy EXECUTIVE 39,935
director of the emergency management agency provided for by 39,937
section 5502.22 of the Revised Code. 39,939
(S) "Civil defense certificate" means a civil defense 39,941
certificate of necessity issued pursuant to section 5502.42 of 39,943
the Revised Code. 39,944
Sec. 5502.22. (A) There is hereby established within the 39,954
909
department of public safety an emergency management agency, which 39,955
shall be governed under rules adopted by the director of public 39,957
safety under section 5502.25 of the Revised Code. The director, 39,959
with the concurrence of the governor, shall appoint a deputy AN 39,960
EXECUTIVE director, who shall be head of the emergency management 39,962
agency. The deputy EXECUTIVE director may appoint a chief 39,965
executive assistant, executive assistants, and administrative and 39,967
technical personnel within that agency as may be necessary to 39,968
plan, organize, and maintain emergency management adequate to the 39,969
needs of the state. The deputy EXECUTIVE director shall 39,970
coordinate all activities of all agencies for emergency 39,971
management within the state, shall maintain liaison with similar 39,972
agencies of other states and of the federal government, shall 39,973
cooperate with those agencies subject to the approval of the 39,974
governor, and shall develop a statewide emergency operations plan 39,975
that shall meet any applicable federal requirements for such 39,976
plans. The deputy EXECUTIVE director shall have such additional 39,978
authority, duties, and responsibilities as are prescribed by the 39,979
governor and the director or provided by law in all matters 39,981
relating to emergency management that may be reflected in other 39,983
sections of the Revised Code. The deputy EXECUTIVE director 39,985
shall advise the governor and director on matters pertaining to 39,986
emergency management on a regular basis.
Whenever the disaster services agency or director is 39,988
referred to or designated in any statute, rule, contract, or 39,989
other document, the reference or designation shall be deemed to 39,990
refer to the emergency management agency or deputy EXECUTIVE 39,991
director, as the case may be. 39,993
(B) For the purposes of emergency management, the deputy 39,995
EXECUTIVE director, with the approval of the director, may 39,997
participate in federal programs, accept grants from, and enter 39,998
into cooperative agreements or contractual arrangements with any 39,999
federal, state, or local department, agency, or subdivision 40,000
thereof, or any other person or body politic. Whenever the
910
duties of the emergency management agency overlap with rights or 40,001
duties of other federal, state, or local departments, agencies, 40,002
subdivisions, or officials, or private agencies, the deputy 40,003
EXECUTIVE director shall cooperate with, and not infringe upon 40,005
the rights and duties of, the other public or private entities. 40,006
Funds made available by the United States for the use of 40,008
the emergency management agency shall be expended by that agency 40,009
only for the purposes for which the funds were appropriated. In 40,010
accepting federal funds, the emergency management agency shall 40,012
abide by the terms and conditions of the grant, cooperative 40,013
agreement, or contractual arrangement and shall expend the funds 40,014
in accordance with the laws and regulations of the United States. 40,015
Sec. 5502.25. The director of public safety, in accordance 40,024
with Chapter 119. of the Revised Code, shall adopt, may amend or 40,026
rescind, and shall enforce, rules with respect to the emergency
management of the state for the purpose of providing protection 40,028
for its people against any hazard. The rules shall be made 40,029
available for public inspection at the emergency operations 40,031
center/joint dispatch facility and at such other places and 40,032
during such reasonable hours as fixed by the deputy EXECUTIVE 40,033
director of emergency management.
Sec. 5502.28. In carrying out sections 5502.21 to 5502.51 40,042
of the Revised Code, the governor shall utilize the services, 40,045
equipment, supplies, and facilities of existing agencies of the 40,046
state and of the political subdivisions thereof to the maximum 40,047
extent practicable, and the officers and personnel of all such 40,048
agencies shall cooperate with and extend such services, 40,049
equipment, supplies, and facilities to the governor and to the 40,050
deputy EXECUTIVE director of the emergency management agency upon 40,052
request.
Every agency for emergency management established pursuant 40,054
to sections 5502.21 to 5502.51 of the Revised Code and every 40,056
political subdivision that has established a program for 40,057
emergency management under section 5502.271 of the Revised Code, 40,058
911
and the officers thereof, shall execute and enforce any emergency 40,060
management orders and rules issued or adopted by the director of 40,061
public safety. 40,062
Sec. 5502.34. No person shall be employed or associated in 40,071
any capacity in any position or agency established under sections 40,072
5502.21 to 5502.51 of the Revised Code who advocates or has 40,073
advocated a change by force or violence in the constitutional 40,074
form of the government of the United States or of this state or 40,075
who has been convicted of or is under indictment or information 40,076
charging any subversive act against the United States or this 40,077
state. Each person who is appointed to serve in any position in 40,078
emergency management or in an agency for emergency management, 40,079
before entering upon his THE PERSON'S duties, shall register, in 40,080
writing, his THE PERSON'S name, address, and any other necessary 40,081
information pertaining to his THE PERSON'S qualifications and 40,082
choice of type of service and shall take an oath before the 40,084
deputy EXECUTIVE director of the emergency management agency or 40,085
local emergency management director or deputy director, or any 40,086
other person authorized to administer oaths in this state, which 40,087
oath shall be as follows: 40,088
"I, ........................, do solemnly swear (or affirm) 40,090
that I will support and defend the constitution of the United 40,091
States and the constitution of the state of Ohio, against all 40,092
enemies, foreign and domestic; that I will bear true faith and 40,093
allegiance to the same; that I will obey the orders of the 40,094
governor of the state of Ohio; that I take this obligation 40,095
freely, without any mental reservation or purpose of evasion; and 40,096
that I will faithfully discharge the duties upon which I am about 40,097
to enter. 40,098
"And I do further swear (or affirm) that I do not advocate, 40,100
nor am I a member of any political party or organization that 40,101
advocates, the overthrow of the government of the United States 40,102
or of this state by force or violence; and that during such time 40,103
as I am engaged in emergency management employment or activities, 40,104
912
I will not advocate nor become a member of any political party or 40,105
organization that advocates the overthrow of the government of 40,106
the Unites UNITED States or of this state by force or violence." 40,108
Sec. 5515.01. The director of transportation may upon 40,117
formal application being made to the director, grant a permit to 40,119
any individual, firm, or corporation to use or occupy such
portion of a road or highway on the state highway system as will 40,121
not incommode the traveling public. Such permits, when granted, 40,122
shall be upon the following conditions: 40,123
(A) The occupancy of such roads or highways shall be in 40,125
the location as prescribed by the director. 40,126
(B) Such location shall be changed as prescribed by the 40,128
director when the director deems such change necessary for the 40,130
convenience of the traveling public, or in connection with or
contemplation of the construction, reconstruction, improvement, 40,132
relocating, maintenance, or repair of such road or highway. 40,133
(C) The placing of objects or things shall be at a grade 40,135
and in accordance with such plans, specifications, or both, as 40,136
shall be first approved by the director. 40,137
(D) The road or highway in all respects shall be fully 40,139
restored to its former condition of usefulness and at the expense 40,140
of such individual, firm, or corporation. 40,141
(E) Such individual, firm, or corporation shall maintain 40,143
all objects and things in a proper manner, promptly repair all 40,144
damages resulting to such road or highway on account thereof, and 40,145
in event of failure to so repair such road or highway to pay to 40,146
the state all costs and expenses which may be expended by the 40,147
director in repairing any damage. 40,148
(F) Such other conditions as may seem reasonable to the 40,150
director, but no condition shall be prescribed which imposes the 40,151
payment of a money consideration for the privilege granted. 40,152
Nothing in this division prohibits the director from requiring 40,154
payment of money consideration for a lease, easement, license, or 40,155
other interest in a transportation facility under control of the 40,156
913
department OF TRANSPORTATION.
(G) Permits may be revoked by the director at any time for 40,158
a noncompliance with the conditions imposed. 40,159
(H) As a condition precedent to the issuance of a permit 40,161
to a telecommunications service provider, the director shall 40,163
require the applicant to provide proof it is party to a lease, 40,164
easement, or license for the construction, placement, or 40,165
operation of a telecommunications facility in or on a 40,166
transportation facility. 40,167
Except as otherwise provided in this section and section 40,169
5501.311 of the Revised Code, Chapters 5501., 5503., 5511.,, 40,170
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 40,173
5528., 5529., 5531., 5533., and 5535. of the Revised Code do not 40,174
prohibit telegraph, telephone, and electric light and power 40,175
companies from constructing, maintaining, and using telegraph, 40,177
telephone, or electric light and power lines along and upon such 40,179
roads or highways under sections 4931.01, 4931.03, 4931.19, 40,180
4933.14, or other sections of the Revised Code, or to affect 40,181
existing rights of any such companies, or to require such 40,182
companies to obtain a permit from the director, except with 40,183
respect to the location of poles, wires, conduits, and other 40,184
equipment comprising lines on or beneath the surface of such road 40,185
or highways.
This section does not prohibit steam or electric railroad 40,187
companies from constructing tracks across such roads or highways, 40,188
nor authorize the director to grant permission to any company 40,189
owning, operating, controlling, or managing a steam railroad or 40,190
interurban railway in this state to build a new line of railroad, 40,191
or to change or alter the location of existing tracks across any 40,192
road or highway on the state highway system at grade. No such 40,193
company shall change the elevation of any of its tracks across 40,194
such road or highway except in accordance with plans and 40,195
specifications first approved by the director. 40,196
This section does not relieve any individual, firm, or 40,198
914
corporation from the obligation of satisfying any claim or demand 40,199
of an owner of lands abutting on such road or highway on the 40,200
state highway system on account of placing in such road or 40,201
highway a burden in addition to public travel. 40,202
Sec. 5528.36. In the event the moneys to the credit of the 40,211
highway obligations bond retirement fund created by section 40,212
5528.32 of the Revised Code are insufficient, either in amount or 40,213
by reason of restrictions provided for in the second paragraph of 40,214
section 5528.31 of the Revised Code on the use thereof to the 40,215
payment only of the principal of specified issues of notes or of 40,216
bonds, to meet in full all payments of interest, principal, and 40,217
charges for the retirement of obligations issued pursuant to 40,218
Section 2i of Article VIII, Ohio Constitution, and sections 40,219
5528.30 and 5528.31 of the Revised Code due and payable during 40,220
the current calendar year, except the principal of notes which 40,221
THAT the commissioners of the sinking fund certify will be 40,223
retired by the issuance of bonds or renewal notes but including 40,224
deposits required by the second paragraph of section 5528.31 of 40,225
the Revised Code, the commissioners of the sinking fund may on or 40,226
before the fifteenth day of January of any such year or any time 40,227
or times during such calendar year, but shall in any event within 40,228
ten days prior to the time any such payments are due or prior to 40,229
the date the payments required by the second paragraph of section 40,230
5528.31 of the Revised Code become due, certify to the treasurer 40,231
of state the total amount of such payments of principal, 40,232
interest, or charges, the amount of moneys to the credit of the 40,233
highway obligations bond retirement fund created by section 40,234
5528.32 of the Revised Code, the amount thereof the use of which 40,235
is restricted by the second paragraph of section 5528.31 of the 40,236
Revised Code to the payment only of the principal of specified 40,237
issues of notes or of bonds, and the specified issue or issues of 40,238
notes or such bonds with respect to which such amount is so 40,239
restricted, and the amount of additional money necessary to be 40,240
credited to such bond retirement fund to meet in full the payment 40,241
915
of such interest, principal, or charges when due and the amount 40,242
required to make the payments required by the second paragraph of 40,243
section 5528.31 of the Revised Code. 40,244
Upon the receipt of such certification, or if on 40,246
presentation for payment when due of either principal or interest 40,247
on obligations issued pursuant to Section 2i of Article VIII, 40,248
Ohio Constitution, there are insufficient moneys for payment of 40,249
such principal and interest, the treasurer of state shall, after 40,250
making any transfer of moneys to the highway improvement bond 40,251
retirement fund created by section 5528.12 of the Revised Code 40,252
for the payment of interest, principal, and charges due and 40,253
payable for the retirement of bonds issued pursuant to Section 2g 40,254
of Article VIII, Ohio Constitution, and sections 5528.10 and 40,255
5528.11 of the Revised Code as required by section 5528.16 of the 40,256
Revised Code, SHALL transfer the amount required as the 40,257
additional moneys necessary to meet in full all payments of 40,258
interest, principal, and charges for the retirement of highway 40,259
obligations issued pursuant to Section 2i of Article VIII, Ohio 40,260
Constitution, and sections 5528.30 and 5528.31 of the Revised 40,261
Code or the amount required to make the payments required by the 40,262
second paragraph of section 5528.31 of the Revised Code to the 40,263
highway obligations bond retirement fund created by section 40,264
5528.32 of the Revised Code from the undistributed revenues 40,265
derived from fees, excise, or license taxes, levied by the state, 40,266
relating to registration, operation, or use of vehicles on public 40,267
highways, or to fuels used for propelling such vehicles. 40,268
If, after the transfer of undistributed revenues to the 40,270
highway obligations bond retirement fund in accordance with the 40,271
foregoing paragraph of this section, there be insufficient moneys 40,272
for the payment of such principal and interest or to make the 40,273
payments required by the second paragraph of section 5528.31 of 40,274
the Revised Code as certified to the treasurer of state, the 40,275
treasurer of state shall, after making whatever transfers are 40,276
required by divisions (C)(1), (2), and (3) of section 129.73 of 40,277
916
the Revised Code, SHALL transfer a sufficient amount to the 40,278
highway obligations bond retirement fund from the undistributed 40,279
revenues derived from all excises and taxes of the state, except 40,280
ad valorem taxes on real and personal property and income taxes, 40,281
which excises and taxes, other than those excepted, are and shall 40,282
be deemed to be levied, in addition to the purposes otherwise 40,283
provided for by law, to provide in accordance with the provisions 40,284
of this section for the payment of interest, principal, and 40,285
charges on highway obligations, including bonds and notes, issued 40,286
pursuant to Section 2i of Article VIII, Ohio Constitution, and 40,287
sections 5528.30 and 5528.31 of the Revised Code, provided that 40,288
the treasurer shall draw from the undistributed revenues derived 40,289
from the taxes levied by sections 3769.08, 4301.42, 4301.43, 40,290
4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 40,291
5731.19, 5733.06, 5739.02, 5741.02, 5743.02, and 5743.32 of the 40,293
Revised Code in proportion to the amount of undistributed 40,294
revenues from each such tax remaining after the transfer to the 40,295
improvements bond retirement fund created by Section 2f of 40,296
Article VIII, Ohio Constitution, the development bond retirement 40,297
fund created by Section 2h of Article VIII, Ohio Constitution, 40,298
and the public improvements bond retirement fund created by 40,299
section 129.72 of the Revised Code, of such amount of those 40,300
revenues as may be required by sections 129.55, 129.63, and 40,301
129.73 of the Revised Code to be so transferred; provided, 40,302
however, that the commissioners of the sinking fund may, in any 40,303
resolution authorizing the issuance of such highway obligations, 40,304
MAY provide for the reservation of the right to have the 40,305
undistributed revenues referred to in this paragraph applied 40,306
first to such bonds or other obligations as may thereafter be 40,307
issued and in priority to application thereof to the payment of 40,308
the principal and interest on such highway obligations, but such 40,309
reservation shall not in any way qualify the obligation of the 40,310
state, which shall be absolute and unconditional, to levy and 40,311
collect at all times sufficient excises and taxes, other than 40,312
917
those excepted in Section 2i of Article VIII, Ohio Constitution, 40,313
as will produce adequate revenues available for the payment of 40,314
the principal and interest of such highway obligations. 40,315
Sec. 5703.05. All powers, duties, and functions of the 40,324
department of taxation are vested in and shall be performed by 40,325
the tax commissioner, which powers, duties, and functions shall 40,326
include, but shall not be limited to, the following: 40,327
(A) Prescribing all blank forms which the department is 40,329
authorized to prescribe, and to provide such forms and distribute 40,330
the same as required by law and the rules of the department. The 40,331
tax commissioner shall include a mail-in registration form 40,332
prescribed in section 3503.14 of the Revised Code within the 40,333
return and instructions for the tax levied in odd-numbered years 40,334
under section 5747.02 of the Revised Code, beginning with the tax 40,335
levied for the first odd-numbered year after the effective date 40,336
of this amendment 1995. The secretary of state shall bear all 40,337
costs for the inclusion of the mail-in registration form. That 40,338
form shall be addressed for return to the office of the secretary 40,339
of state.
(B) Exercising the authority provided by law, INCLUDING 40,341
ORDERS FROM BANKRUPTCY COURTS, relative to remitting or refunding 40,343
taxes or assessments, including penalties and interest thereon, 40,344
illegally or erroneously assessed or collected, or for any other 40,345
reason overpaid, and in addition, the commissioner may on written 40,346
application of any person, firm, or corporation claiming to have 40,347
overpaid to the treasurer of state at any time within five years 40,348
prior to the making of such application any tax payable under any 40,349
law which the department of taxation is required to administer 40,350
which does not contain any provision for refund, or on his THE 40,351
COMMISSIONER'S own motion investigate the facts and make in 40,352
triplicate a written statement of his THE COMMISSIONER'S 40,353
findings, and, if he THE COMMISSIONER finds that there has been 40,354
an overpayment, issue in triplicate a certificate of abatement 40,355
payable to the taxpayer, his THE TAXPAYER'S assigns, or legal 40,356
918
representative which shows the amount of the overpayment and the 40,357
kind of tax overpaid. One copy of such statement shall be 40,358
entered on the journal of the commissioner, one shall be
certified to the attorney general, and one certified copy shall 40,360
be delivered to the taxpayer. All copies of the certificate of 40,361
abatement shall be transmitted to the attorney general, and if he 40,362
THE ATTORNEY GENERAL finds it to be correct he THE ATTORNEY 40,363
GENERAL shall so certify on each copy, and deliver one copy to 40,364
the taxpayer, one copy to the commissioner, and the third copy to 40,365
the treasurer of state. Except as provided in sections 5725.08
and 5725.16 of the Revised Code the taxpayer's copy of any 40,367
certificates of abatement may be tendered by the payee or 40,368
transferee thereof to the treasurer of state as payment, to the 40,369
extent of the amount thereof, of any tax payable to the treasurer 40,370
of state.
(C) Exercising the authority provided by law relative to 40,372
consenting to the compromise and settlement of tax claims; 40,373
(D) Exercising the authority provided by law relative to 40,375
the use of alternative tax bases by taxpayers in the making of 40,376
personal property tax returns; 40,377
(E) Exercising the authority provided by law relative to 40,379
authorizing the prepayment of taxes on retail sales of tangible 40,380
personal property or on the storage, use, or consumption of 40,381
personal property, and waiving the collection of such taxes from 40,382
the consumers; 40,383
(F) Exercising the authority provided by law to revoke 40,385
licenses; 40,386
(G) Maintaining a continuous study of the practical 40,388
operation of all taxation and revenue laws of the state, the 40,389
manner in which and extent to which such laws provide revenues 40,390
for the support of the state and its political subdivisions, the 40,391
probable effect upon such revenue of possible changes in existing 40,392
laws, and the possible enactment of measures providing for other 40,393
forms of taxation. For this purpose the commissioner may 40,394
919
establish and maintain a division of research and statistics, and 40,395
may appoint necessary employees who shall be in the unclassified 40,396
civil service; the results of such study shall be available to 40,397
the members of the general assembly and the public. 40,398
(H) Making all tax assessments, valuations, findings, 40,400
determinations, computations, and orders the department of 40,401
taxation is by law authorized and required to make and, pursuant 40,402
to time limitations provided by law, on his THE COMMISSIONER'S 40,403
own motion, reviewing, redetermining, or correcting any tax 40,404
assessments, valuations, findings, determinations, computations, 40,405
or orders he THE COMMISSIONER has made, but he THE COMMISSIONER 40,406
shall not review, redetermine, or correct any tax assessment, 40,407
valuation, finding, determination, computation, or order which he 40,408
THE COMMISSIONER has made as to which an appeal or application 40,409
for rehearing, review, redetermination, or correction has been 40,410
filed with the board of tax appeals, unless such appeal or 40,411
application is withdrawn by the appellant or applicant or 40,412
dismissed; 40,413
(I) Appointing not more than five deputy tax 40,415
commissioners, who, under such regulations as the rules of the 40,416
department of taxation prescribe, may act for the commissioner in 40,417
the performance of such duties as he THE COMMISSIONER prescribes 40,418
in the administration of the laws which he THE COMMISSIONER is 40,419
authorized and required to administer, and who shall serve in the 40,420
unclassified civil service at the pleasure of the commissioner, 40,421
but if a person who holds a position in the classified service is 40,422
appointed, it shall not affect the civil service status of such 40,423
person;
(J) Appointing and prescribing the duties of all other 40,425
employees of the department of taxation necessary in the 40,426
performance of the work of the department which the tax 40,427
commissioner is by law authorized and required to perform, and 40,428
creating such divisions or sections of employees as, in his THE 40,429
COMMISSIONER'S judgment, is proper; 40,430
920
(K) Organizing the work of the department, which he THE 40,432
COMMISSIONER is by law authorized and required to perform, so 40,433
that, in his THE COMMISSIONER'S judgment, an efficient and 40,434
economical administration of the laws will result; 40,435
(L) Maintaining a journal, which is open to public 40,437
inspection, in which he THE COMMISSIONER shall keep a record of 40,438
all actions taken by him THE COMMISSIONER relating to assessments 40,440
and the reasons therefor;
(M) Adopting and promulgating, in the manner provided by 40,442
section 5703.14 of the Revised Code, all rules of the department, 40,443
including rules for the administration of sections 3517.16, 40,444
3517.17, and 5747.081 of the Revised Code; 40,445
(N) Destroying any or all returns or assessment 40,447
certificates in the manner authorized by law; 40,448
(O) Adopting rules, in accordance with division (B) of 40,450
section 325.31 of the Revised Code, governing the expenditure of 40,451
moneys from the real estate assessment fund under that division. 40,452
Sec. 5703.052. There is hereby created in the state 40,461
treasury the tax refund fund, from which refunds shall be paid 40,462
for taxes illegally or erroneously assessed or collected, or for 40,463
any other reason overpaid, that are levied by Chapter 4301., 40,464
4305., 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 40,465
5748., 5749., or 5753., and sections 3737.71, 3905.35, 3905.36, 40,466
4303.33, 5707.03, 5725.18, 5727.28, AND 5727.38 and former 40,468
sections 5727.27 and 5727.40 of the Revised Code. Refunds for 40,469
fees illegally or erroneously assessed or collected, or for any 40,470
other reason overpaid, that are levied by sections 3734.90 to 40,471
3734.9014 of the Revised Code also shall be paid from the fund. 40,472
However, refunds for taxes levied under section 5739.101 of the 40,473
Revised Code shall not be paid from the tax refund fund, but 40,474
shall be paid as provided in section 5739.104 of the Revised 40,475
Code.
Upon certification by the tax commissioner to the treasurer 40,477
of state of a tax refund, fee refund, or tax credit due, or by 40,478
921
the superintendent of insurance of a domestic or foreign 40,479
insurance tax refund, the treasurer of state may place the amount 40,480
certified to the credit of the fund. The certified amount 40,481
transferred shall be derived from current receipts of the same 40,482
tax or the fee for which the refund arose or, in the case of a 40,483
tax credit refund, from the current receipts of the taxes levied 40,484
by sections 5739.02 and 5741.02 of the Revised Code. 40,485
If the tax refund arises from a tax payable to the general 40,487
revenue fund, and current receipts from that source are 40,488
inadequate to make the transfer of the amount so certified, the 40,489
treasurer of state may transfer such certified amount from 40,490
current receipts of the sales tax levied by section 5739.02 of 40,491
the Revised Code. 40,492
Sec. 5703.053. As used in this section, "postal service" 40,502
means the United States postal service. 40,503
An application to the tax commissioner for a tax refund 40,505
under sections 4307.05, 4307.07, 5727.28, 5728.061, 5735.122, 40,506
5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, 40,508
5743.53, 5749.08, and 5753.06 of the Revised Code or division (B) 40,509
of section 5703.05 of the Revised Code, or a fee refunded under 40,510
section 3734.905 of the Revised Code, that is received after the 40,511
last day for filing under such section shall be considered to 40,512
have been filed in a timely manner if: 40,513
(A) The application is delivered by the postal service and 40,515
the earliest postal service postmark on the cover in which the 40,516
application is enclosed is not later than the last day for filing 40,517
the application; 40,518
(B) The application is delivered by the postal service, 40,520
the only postmark on the cover in which the application is 40,521
enclosed was affixed by a private postal meter, the date of that 40,522
postmark is not later than the last day for filing the 40,523
application, and the application is received within seven days of 40,524
such last day; or 40,525
(C) The application is delivered by the postal service, no 40,527
922
postmark date was affixed to the cover in which the application 40,528
is enclosed or the date of the postmark so affixed is not 40,529
legible, and the application is received within seven days of the 40,530
last day for making the application. 40,531
Sec. 5703.21. (A) Except as provided in divisions (B), 40,540
(C), (D), (E), and (F) of this section, no agent of the 40,542
department of taxation, except in the agent's report to the 40,543
department or when called on to testify in any court or 40,544
proceeding, shall divulge any information acquired by the agent 40,545
as to the transactions, property, or business of any person while 40,546
acting or claiming to act under orders of the department. 40,547
Whoever violates this provision shall thereafter be disqualified 40,548
from acting as an officer or employee or in any other capacity 40,549
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 40,551
of the Revised Code, or an audit of the department pursuant to 40,552
Chapter 117. of the Revised Code, or an audit, pursuant to such 40,553
THAT chapter, the objective of which is to express an opinion on 40,555
a financial report or statement prepared or issued pursuant to 40,556
division (G)(A)(7) or (I)(9) of section 126.21 of the Revised 40,559
Code, the officers and employees of the auditor of state charged 40,560
with conducting the audit shall have access to and the right to 40,561
examine any state tax returns and state tax return information in 40,562
the possession of the department to the extent that such THE 40,563
access and examination are necessary for purposes of the audit. 40,565
Any information acquired as the result of such THAT access and 40,566
examination shall not be divulged for any purpose other than as 40,568
required for such THE audit or unless the officers and employees 40,569
are required to testify in a court or proceeding under compulsion 40,571
of legal process. Whoever violates this provision shall 40,572
thereafter be disqualified from acting as an officer or employee 40,573
or in any other capacity under appointment or employment of the 40,574
auditor of state. 40,575
(2) As provided by section 6103(d)(2) of the Internal 40,577
923
Revenue Code, any federal tax returns or federal tax information 40,578
which the department has acquired from the internal revenue 40,579
service, through federal and state statutory authority, may be 40,580
disclosed to the auditor of state solely for purposes of an audit 40,581
of the department. 40,582
(C) Division (A) of this section does not prohibit 40,584
divulging information contained in applications, complaints, and 40,585
related documents filed with the department under section 5715.27 40,586
of the Revised Code, or in applications filed with the department 40,587
under section 5715.39 of the Revised Code. 40,588
(D) Division (A) of this section does not prohibit the 40,590
department of taxation providing information to the division of 40,591
child support within the department of human services, or a child 40,592
support enforcement agency, pursuant to division (G)(2) of 40,593
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 40,596
disclosure to the board of motor vehicle collision repair 40,597
registration of any information in the possession of the 40,598
department that is necessary for the board to verify the 40,600
existence of an applicant's valid vendor's license and current 40,601
state tax identification number under section 4775.07 of the
Revised Code. 40,602
(F) Division (A) of this section does not prohibit the 40,604
department from providing information to the administrator of 40,605
workers' compensation pursuant to section 4123.591 of the Revised 40,606
Code.
Sec. 5709.62. (A) In any municipal corporation that is 40,615
defined by the United States office of management and budget as a 40,616
central city of a metropolitan statistical area, the legislative 40,617
authority of the municipal corporation may designate one or more 40,618
areas within its municipal corporation as proposed enterprise 40,619
zones. Upon designating an area, the legislative authority shall 40,620
petition the director of development for certification of the 40,621
area as having the characteristics set forth in division (A)(1) 40,622
924
of section 5709.61 of the Revised Code as amended by Substitute 40,623
Senate Bill No. 19 of the 120th general assembly. Except as 40,624
otherwise provided in division (E) of this section, on and after 40,625
July 1, 1994, legislative authorities shall not enter into 40,626
agreements under this section unless the legislative authority 40,627
has petitioned the director and the director has certified the 40,628
zone under this section as amended by that act; however, all 40,629
agreements entered into under this section as it existed prior to 40,630
July 1, 1994, and the incentives granted under those agreements 40,631
shall remain in effect for the period agreed to under those 40,632
agreements. Within sixty days after receiving such a petition, 40,633
the director shall determine whether the area has the 40,634
characteristics set forth in division (A)(1) of section 5709.61 40,635
of the Revised Code, and shall forward the findings to the 40,637
legislative authority of the municipal corporation. If the 40,638
director certifies the area as having those characteristics, and 40,639
thereby certifies it as a zone, the legislative authority may 40,640
enter into an agreement with an enterprise under division (C) of 40,641
this section. 40,642
(B) Any enterprise that wishes to enter into an agreement 40,644
with a municipal corporation under division (C) of this section 40,645
shall submit a proposal to the legislative authority of the 40,646
municipal corporation on a form prescribed by the director of 40,647
development, together with the application fee established under 40,648
section 5709.68 of the Revised Code. The form shall require the 40,649
following information: 40,650
(1) An estimate of the number of new employees whom the 40,652
enterprise intends to hire, or of the number of employees whom 40,653
the enterprise intends to retain, within the zone at a facility 40,654
that is a project site, and an estimate of the amount of payroll 40,655
of the enterprise attributable to these employees; 40,656
(2) An estimate of the amount to be invested by the 40,658
enterprise to establish, expand, renovate, or occupy a facility, 40,659
including investment in new buildings, additions or improvements 40,660
925
to existing buildings, machinery, equipment, furniture, fixtures, 40,661
and inventory; 40,662
(3) A listing of the enterprise's current investment, if 40,664
any, in a facility as of the date of the proposal's submission. 40,665
The enterprise shall review and update the listings 40,667
required under this division to reflect material changes, and any 40,668
agreement entered into under division (C) of this section shall 40,669
set forth final estimates and listings as of the time the 40,670
agreement is entered into. The legislative authority may, on a 40,671
separate form and at any time, require any additional information 40,672
necessary to determine whether an enterprise is in compliance 40,673
with an agreement and to collect the information required to be 40,674
reported under section 5709.68 of the Revised Code. 40,675
(C) Upon receipt and investigation of a proposal under 40,677
division (B) of this section, if the legislative authority finds 40,678
that the enterprise submitting the proposal is qualified by 40,679
financial responsibility and business experience to create and 40,680
preserve employment opportunities in the zone and improve the 40,681
economic climate of the municipal corporation, the legislative 40,682
authority, on or before June 30, 1999 2004, may do one of the 40,685
following:
(1) Enter into an agreement with the enterprise under 40,687
which the enterprise agrees to establish, expand, renovate, or 40,688
occupy a facility and hire new employees, or preserve employment 40,689
opportunities for existing employees, in return for one or more 40,690
of the following incentives: 40,691
(a) Exemption for a specified number of years, not to 40,693
exceed ten, of a specified portion, up to seventy-five per cent, 40,694
of the assessed value of tangible personal property first used in 40,695
business at the project site as a result of the agreement. An 40,696
exemption granted pursuant to this division applies to inventory 40,697
required to be listed pursuant to sections 5711.15 and 5711.16 of 40,698
the Revised Code, except that, in the instance of an expansion or 40,699
other situations in which an enterprise was in business at the 40,700
926
facility prior to the establishment of the zone, the inventory 40,701
which is exempt is that amount or value of inventory in excess of 40,702
the amount or value of inventory required to be listed in the 40,703
personal property tax return of the enterprise in the return for 40,704
the tax year in which the agreement is entered into. 40,705
(b) Exemption for a specified number of years, not to 40,707
exceed ten, of a specified portion, up to seventy-five per cent, 40,708
of the increase in the assessed valuation of real property 40,709
constituting the project site subsequent to formal approval of 40,710
the agreement by the legislative authority; 40,711
(c) Provision for a specified number of years, not to 40,713
exceed ten, of any optional services or assistance that the 40,714
municipal corporation is authorized to provide with regard to the 40,715
project site. 40,716
(2) An agreement under which the enterprise agrees to 40,718
remediate an environmentally contaminated facility, to spend an 40,719
amount equal to at least two hundred fifty per cent of the true 40,720
value in money of the real property of the facility prior to 40,721
remediation as determined for the purposes of property taxation 40,722
to establish, expand, renovate, or occupy the remediated 40,723
facility, and to hire new employees or preserve employment 40,724
opportunities for existing employees at the remediated facility, 40,725
in return for one or more of the following incentives: 40,726
(a) Exemption for a specified number of years, not to 40,728
exceed ten, of a specified portion, not to exceed fifty per cent, 40,729
of the assessed valuation of the real property of the facility 40,730
prior to remediation; 40,731
(b) Exemption for a specified number of years, not to 40,733
exceed ten, of a specified portion, not to exceed one hundred per 40,734
cent, of the increase in the assessed valuation of the real 40,735
property of the facility during or after remediation; 40,736
(c) The incentive under division (C)(1)(a) of this 40,738
section, except that the percentage of the assessed value of such 40,739
property exempted from taxation shall not exceed one hundred per 40,740
927
cent; 40,741
(d) The incentive under division (C)(1)(c) of this 40,743
section. 40,744
(3) Enter into an agreement with an enterprise that plans 40,746
to purchase and operate a large manufacturing facility that has 40,747
ceased operation or announced its intention to cease operation, 40,748
in return for exemption for a specified number of years, not to 40,749
exceed ten, of a specified portion, up to one hundred per cent, 40,750
of the assessed value of tangible personal property used in 40,751
business at the project site as a result of the agreement, or of 40,752
the assessed valuation of real property constituting the project 40,753
site, or both. 40,754
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 40,756
section, the portion of the assessed value of tangible personal 40,757
property or of the increase in the assessed valuation of real 40,758
property exempted from taxation under those divisions may exceed 40,759
seventy-five per cent in any year for which that portion is 40,760
exempted if the average percentage exempted for all years in 40,761
which the agreement is in effect does not exceed sixty per cent, 40,762
or if the board of education of the city, local, or exempted 40,763
village school district within the territory of which the 40,764
property is or will be located approves a percentage in excess of 40,765
seventy-five per cent. For the purpose of obtaining such 40,766
approval, the legislative authority shall deliver to the board of 40,767
education a notice not later than forty-five days prior to 40,768
approving the agreement, excluding Saturdays, Sundays, and legal 40,770
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 40,772
the true value of the property to be exempted, and the number of 40,773
years the property is to be exempted. The board of education, by 40,774
resolution adopted by a majority of the board, shall approve or 40,775
disapprove the agreement and certify a copy of the resolution to 40,776
the legislative authority not later than fourteen days prior to 40,777
the date stipulated by the legislative authority as the date upon 40,778
928
which approval of the agreement is to be formally considered by 40,779
the legislative authority. The board of education may include in 40,780
the resolution conditions under which the board would approve the 40,781
agreement, including the execution of an agreement to compensate 40,782
the school district under division (B) of section 5709.82 of the 40,783
Revised Code. The legislative authority may approve the 40,784
agreement at any time after the board of education certifies its 40,785
resolution approving the agreement to the legislative authority, 40,786
or, if the board approves the agreement conditionally, at any 40,787
time after the conditions are agreed to by the board and the 40,788
legislative authority.
If a board of education has adopted a resolution waiving 40,790
its right to approve agreements and the resolution remains in 40,792
effect, approval of an agreement by the board is not required 40,793
under this division. If a board of education has adopted a 40,794
resolution allowing a legislative authority to deliver the notice 40,795
required under this division fewer than forty-five business days 40,796
prior to the legislative authority's approval of the agreement, 40,797
the legislative authority shall deliver the notice to the board 40,798
not later than the number of days prior to such approval as 40,799
prescribed by the board in its resolution. If a board of 40,800
education adopts a resolution waiving its right to approve 40,801
agreements or shortening the notification period, the board shall 40,802
certify a copy of the resolution to the legislative authority. 40,803
If the board of education rescinds such a resolution, it shall 40,804
certify notice of the rescission to the legislative authority. 40,805
(2) The legislative authority shall comply with section 40,807
5709.83 of the Revised Code unless the board of education has 40,810
adopted a resolution under that section waiving its right to 40,811
receive such notice.
(E) This division applies to zones certified by the 40,813
director of development under this section prior to July 22, 40,815
1994. 40,816
On or before June 30, 1999 2004, the legislative authority 40,819
929
that designated a zone to which this division applies may enter 40,820
into an agreement with an enterprise if the legislative authority 40,821
makes the finding required under that division and determines 40,822
that the enterprise satisfies one of the criteria described in 40,823
divisions (E)(1) to (5) of this section: 40,824
(1) The enterprise currently has no operations in this 40,826
state and, subject to approval of the agreement, intends to 40,827
establish operations in the zone; 40,828
(2) The enterprise currently has operations in this state 40,830
and, subject to approval of the agreement, intends to establish 40,831
operations at a new location in the zone that would not result in 40,832
a reduction in the number of employee positions at any of the 40,833
enterprise's other locations in this state; 40,834
(3) The enterprise, subject to approval of the agreement, 40,836
intends to relocate operations, currently located in another 40,837
state, to the zone; 40,838
(4) The enterprise, subject to approval of the agreement, 40,840
intends to expand operations at an existing site in the zone that 40,841
the enterprise currently operates; 40,842
(5) The enterprise, subject to approval of the agreement, 40,844
intends to relocate operations, currently located in this state, 40,845
to the zone, and the director of development has issued a waiver 40,846
for the enterprise under division (B) of section 5709.633 of the 40,847
Revised Code. 40,848
The agreement shall require the enterprise to agree to 40,850
establish, expand, renovate, or occupy a facility in the zone and 40,851
hire new employees, or preserve employment opportunities for 40,852
existing employees, in return for one or more of the incentives 40,853
described in division (C) of this section. 40,854
(F) All agreements entered into under this section shall 40,856
be in the form prescribed under section 5709.631 of the Revised 40,857
Code. After an agreement is entered into under this division, if 40,858
the legislative authority revokes its designation of a zone, or 40,859
if the director of development revokes the zone's certification, 40,860
930
any entitlements granted under the agreement shall continue for 40,861
the number of years specified in the agreement. 40,862
(G) Except as otherwise provided in this division, an 40,864
agreement entered into under this section shall require that the 40,865
enterprise pay an annual fee equal to the greater of one per cent 40,866
of the dollar value of incentives offered under the agreement or 40,867
five hundred dollars; provided, however, that if the value of the 40,868
incentives exceeds two hundred fifty thousand dollars, the fee 40,869
shall not exceed two thousand five hundred dollars. The fee 40,870
shall be payable to the legislative authority once per year for 40,871
each year the agreement is effective on the days and in the form 40,872
specified in the agreement. Fees paid shall be deposited in a 40,873
special fund created for such purpose by the legislative 40,874
authority and shall be used by the legislative authority 40,875
exclusively for the purpose of complying with section 5709.68 of 40,876
the Revised Code and by the tax incentive review council created 40,877
under section 5709.85 of the Revised Code exclusively for the 40,878
purposes of performing the duties prescribed under that section. 40,879
The legislative authority may waive or reduce the amount of the 40,880
fee charged against an enterprise, but such a waiver or reduction 40,881
does not affect the obligations of the legislative authority or 40,882
the tax incentive review council to comply with section 5709.68 40,883
or 5709.85 of the Revised Code. 40,884
(H) When an agreement is entered into pursuant to this 40,886
section, the legislative authority authorizing the agreement 40,887
shall forward a copy of the agreement to the director of 40,888
development and to the tax commissioner within fifteen days after 40,889
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 40,890
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE 40,891
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 40,893
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 40,894
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 40,896
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 40,897
931
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 40,898
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 40,900
shall file with each personal property tax return required to be 40,901
filed while the agreement is in effect, an informational return, 40,902
on a form prescribed by the tax commissioner for that purpose, 40,903
setting forth separately the property, and related costs and 40,904
values, exempted from taxation under the agreement. 40,905
(J) Enterprises may agree to give preference to residents 40,907
of the zone within which the agreement applies relative to 40,908
residents of this state who do not reside in the zone when hiring 40,909
new employees under the agreement. 40,910
(K) An agreement entered into under this section may 40,912
include a provision requiring the enterprise to create one or 40,913
more temporary internship positions for students enrolled in a 40,914
course of study at a school or other educational institution in 40,915
the vicinity, and to create a scholarship or provide another form 40,916
of educational financial assistance for students holding such a 40,917
position in exchange for the student's commitment to work for the 40,918
enterprise at the completion of the internship. 40,919
Sec. 5709.63. (A) With the consent of the legislative 40,928
authority of each affected municipal corporation or of a board of 40,929
township trustees, a board of county commissioners may, in the 40,930
manner set forth in section 5709.62 of the Revised Code, 40,931
designate one or more areas in one or more municipal corporations 40,932
or in unincorporated areas of the county as proposed enterprise 40,934
zones. A board of county commissioners may designate no more 40,935
than one area within a township, or within adjacent townships, as 40,936
a proposed enterprise zone. The board shall petition the 40,937
director of development for certification of the area as having 40,938
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 40,939
Senate Bill No. 19 of the 120th general assembly. Except as 40,940
otherwise provided in division (D) of this section, on and after 40,941
932
July 1, 1994, boards of county commissioners shall not enter into 40,942
agreements under this section unless the board has petitioned the 40,943
director and the director has certified the zone under this
section as amended by that act; however, all agreements entered 40,944
into under this section as it existed prior to July 1, 1994, and 40,945
the incentives granted under those agreements shall remain in 40,946
effect for the period agreed to under those agreements. The 40,947
director shall make the determination in the manner provided 40,948
under section 5709.62 of the Revised Code. Any enterprise 40,949
wishing to enter into an agreement with the board under division 40,950
(B) or (D) of this section shall submit a proposal to the board 40,952
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 40,954
enterprise shall review and update the estimates and listings 40,955
required by the form in the manner required under that division. 40,956
The board may, on a separate form and at any time, require any 40,957
additional information necessary to determine whether an 40,958
enterprise is in compliance with an agreement and to collect the 40,959
information required to be reported under section 5709.68 of the 40,960
Revised Code.
(B) If the board of county commissioners finds that an 40,962
enterprise submitting a proposal is qualified by financial 40,963
responsibility and business experience to create and preserve 40,964
employment opportunities in the zone and to improve the economic 40,965
climate of the municipal corporation or municipal corporations or 40,966
the unincorporated areas in which the zone is located and to 40,967
which the proposal applies, the board, on or before June 30, 1999 40,969
2004, and with the consent of the legislative authority of each 40,971
affected municipal corporation or of the board of township 40,972
trustees may do either of the following: 40,973
(1) Enter into an agreement with the enterprise under 40,975
which the enterprise agrees to establish, expand, renovate, or 40,976
occupy a facility in the zone and hire new employees, or preserve 40,977
employment opportunities for existing employees, in return for 40,978
933
the following incentives: 40,979
(a) When the facility is located in a municipal 40,981
corporation, the board may enter into an agreement for one or 40,982
more of the incentives provided in division (C) of section 40,983
5709.62 of the Revised Code, subject to division (D) of that 40,984
section;
(b) When the facility is located in an unincorporated 40,986
area, the board may enter into an agreement for one or more of 40,987
the following incentives: 40,988
(i) Exemption for a specified number of years, not to 40,990
exceed ten, of a specified portion, up to sixty per cent, of the 40,992
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 40,994
exemption granted pursuant to this division applies to inventory 40,995
required to be listed pursuant to sections 5711.15 and 5711.16 of 40,996
the Revised Code, except, in the instance of an expansion or 40,997
other situations in which an enterprise was in business at the 40,998
facility prior to the establishment of the zone, the inventory 40,999
which is exempt is that amount or value of inventory in excess of 41,000
the amount or value of inventory required to be listed in the 41,001
personal property tax return of the enterprise in the return for 41,002
the tax year in which the agreement is entered into. 41,003
(ii) Exemption for a specified number of years, not to 41,005
exceed ten, of a specified portion, up to sixty per cent, of the 41,007
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 41,008
by the board;
(iii) Provision for a specified number of years, not to 41,010
exceed ten, of any optional services or assistance the board is 41,011
authorized to provide with regard to the project site; 41,012
(iv) The incentive described in division (C)(2) of section 41,014
5709.62 of the Revised Code. 41,015
(2) Enter into an agreement with an enterprise that plans 41,017
to purchase and operate a large manufacturing facility that has 41,018
934
ceased operation or has announced its intention to cease 41,019
operation, in return for exemption for a specified number of 41,020
years, not to exceed ten, of a specified portion, up to one 41,021
hundred per cent, of tangible personal property used in business 41,022
at the project site as a result of the agreement, or of real 41,023
property constituting the project site, or both. 41,024
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 41,026
this section, the portion of the assessed value of tangible 41,029
personal property or of the increase in the assessed valuation of 41,030
real property exempted from taxation under those divisions may 41,031
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 41,032
which the agreement is in effect does not exceed fifty per cent, 41,033
or if the board of education of the city, local, or exempted 41,034
village school district within the territory of which the 41,035
property is or will be located approves a percentage in excess of 41,036
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 41,037
notice not later than forty-five days prior to approving the 41,039
agreement, excluding Saturdays, Sundays, and legal holidays as 41,041
defined in section 1.14 of the Revised Code. The notice shall 41,043
state the percentage to be exempted, an estimate of the true 41,045
value of the property to be exempted, and the number of years the 41,046
property is to be exempted. The board of education, by 41,047
resolution adopted by a majority of the board, shall approve or 41,048
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 41,049
the date stipulated by the board of commissioners as the date 41,050
upon which approval of the agreement is to be formally considered 41,051
by the board of commissioners. The board of education may 41,052
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 41,053
compensate the school district under division (B) of section 41,054
5709.82 of the Revised Code. The board of county commissioners 41,056
935
may approve the agreement at any time after the board of 41,057
education certifies its resolution approving the agreement to the 41,058
board of county commissioners, or, if the board of education 41,059
approves the agreement conditionally, at any time after the 41,060
conditions are agreed to by the board of education and the board 41,061
of county commissioners.
If a board of education has adopted a resolution waiving 41,063
its right to approve agreements and the resolution remains in 41,065
effect, approval of an agreement by the board of education is not 41,066
required under division (C) of this section. If a board of 41,067
education has adopted a resolution allowing a board of county 41,068
commissioners to deliver the notice required under this division 41,069
fewer than forty-five business days prior to approval of the 41,071
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 41,072
education not later than the number of days prior to such 41,074
approval as prescribed by the board of education in its 41,075
resolution. If a board of education adopts a resolution waiving 41,076
its right to approve agreements or shortening the notification 41,077
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 41,078
education rescinds such a resolution, it shall certify notice of 41,079
the rescission to the board of county commissioners. 41,080
(2) The board of county commissioners shall comply with 41,082
section 5709.83 of the Revised Code unless the board of education 41,085
has adopted a resolution under that section waiving its right to 41,086
receive such notice.
(D) This division applies to zones certified by the 41,088
director of development under this section prior to July 22, 41,090
1994.
On or before June 30, 1999 2004, and with the consent of 41,093
the legislative authority of each affected municipal corporation 41,095
or board of township trustees of each affected township, the 41,096
board of commissioners that designated a zone to which this 41,097
936
division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and 41,098
determines that the enterprise satisfies one of the criteria 41,099
described in divisions (D)(1) to (5) of this section: 41,100
(1) The enterprise currently has no operations in this 41,102
state and, subject to approval of the agreement, intends to 41,103
establish operations in the zone;
(2) The enterprise currently has operations in this state 41,105
and, subject to approval of the agreement, intends to establish 41,106
operations at a new location in the zone that would not result in 41,107
a reduction in the number of employee positions at any of the 41,108
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 41,110
intends to relocate operations, currently located in another 41,111
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 41,113
intends to expand operations at an existing site in the zone that 41,114
the enterprise currently operates; 41,115
(5) The enterprise, subject to approval of the agreement, 41,117
intends to relocate operations, currently located in this state, 41,118
to the zone, and the director of development has issued a waiver 41,119
for the enterprise under division (B) of section 5709.633 of the 41,120
Revised Code.
The agreement shall require the enterprise to agree to 41,122
establish, expand, renovate, or occupy a facility in the zone and 41,123
hire new employees, or preserve employment opportunities for 41,124
existing employees, in return for one or more of the incentives 41,125
described in division (B) of this section.
(E) All agreements entered into under this section shall 41,127
be in the form prescribed under section 5709.631 of the Revised 41,128
Code. After an agreement under this section is entered into, if 41,129
the board of county commissioners revokes its designation of the 41,130
zone, or if the director of development revokes the zone's 41,131
certification, any entitlements granted under the agreement shall
937
continue for the number of years specified in the agreement. 41,132
(F) Except as otherwise provided in this paragraph, an 41,134
agreement entered into under this section shall require that the 41,135
enterprise pay an annual fee equal to the greater of one per cent 41,136
of the dollar value of incentives offered under the agreement or 41,137
five hundred dollars; provided, however, that if the value of the 41,138
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee 41,139
shall be payable to the board of commissioners once per year for 41,140
each year the agreement is effective on the days and in the form 41,141
specified in the agreement. Fees paid shall be deposited in a 41,142
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 41,143
section 5709.68 of the Revised Code and by the tax incentive 41,144
review council created under section 5709.85 of the Revised Code 41,145
exclusively for the purposes of performing the duties prescribed 41,146
under that section. The board may waive or reduce the amount of 41,147
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 41,148
incentive review council to comply with section 5709.68 or 41,149
5709.85 of the Revised Code, respectively. 41,150
(G) With the approval of the legislative authority of a 41,152
municipal corporation or the board of township trustees of a 41,153
township in which a zone is designated under division (A) of this 41,154
section, the board of county commissioners may delegate to that 41,155
legislative authority or board any powers and duties of the board 41,156
to negotiate and administer agreements with regard to that zone
under this section. 41,157
(H) When an agreement is entered into pursuant to this 41,159
section, the legislative authority authorizing the agreement 41,160
shall forward a copy of the agreement to the director of 41,161
development and to the tax commissioner within fifteen days after 41,162
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 41,163
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE
938
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 41,165
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 41,166
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 41,168
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 41,169
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 41,170
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 41,172
shall file with each personal property tax return required to be 41,173
filed while the agreement is in effect, an informational return, 41,174
on a form prescribed by the tax commissioner for that purpose, 41,175
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 41,176
(J) Enterprises may agree to give preference to residents 41,178
of the zone within which the agreement applies relative to 41,179
residents of this state who do not reside in the zone when hiring 41,180
new employees under the agreement.
(K) An agreement entered into under this section may 41,182
include a provision requiring the enterprise to create one or 41,183
more temporary internship positions for students enrolled in a 41,184
course of study at a school or other educational institution in 41,185
the vicinity, and to create a scholarship or provide another form 41,186
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 41,187
enterprise at the completion of the internship. 41,188
Sec. 5709.632. (A)(1) The legislative authority of a 41,197
municipal corporation defined by the United States office of 41,198
budget MANAGEMENT and management BUDGET as a central city of a 41,200
metropolitan statistical area may, in the manner set forth in 41,201
section 5709.62 of the Revised Code, designate one or more areas 41,202
in the municipal corporation as a proposed enterprise zone. 41,203
(2) With the consent of the legislative authority of each 41,205
affected municipal corporation or of a board of township 41,206
trustees, a board of county commissioners may, in the manner set 41,207
939
forth in section 5709.62 of the Revised Code, designate one or 41,208
more areas in one or more municipal corporations or in 41,209
unincorporated areas of the county as proposed urban jobs and 41,210
enterprise zones, except that a board of county commissioners may 41,211
designate no more than one area within a township, or within 41,212
adjacent townships, as a proposed urban jobs and enterprise zone. 41,213
(3) The legislative authority or board of county 41,215
commissioners may petition the director of development for 41,216
certification of the area as having the characteristics set forth 41,217
in division (A)(3) of section 5709.61 of the Revised Code. 41,218
Within sixty days after receiving such a petition, the director 41,219
shall determine whether the area has the characteristics set 41,220
forth in that division and forward the findings to the 41,221
legislative authority or board of county commissioners. If the 41,222
director certifies the area as having those characteristics and 41,223
thereby certifies it as a zone, the legislative authority or 41,224
board may enter into agreements with enterprises under division 41,225
(B) of this section. Any enterprise wishing to enter into an 41,226
agreement with a legislative authority or board of commissioners 41,227
under this section and satisfying one of the criteria described 41,228
in divisions (B)(1) to (5) of this section shall submit a 41,229
proposal to the legislative authority or board on the form 41,230
prescribed under division (B) of section 5709.62 of the Revised 41,231
Code and shall review and update the estimates and listings 41,232
required by the form in the manner required under that division. 41,233
The legislative authority or board may, on a separate form and at 41,234
any time, require any additional information necessary to 41,235
determine whether an enterprise is in compliance with an 41,236
agreement and to collect the information required to be reported 41,237
under section 5709.68 of the Revised Code. 41,238
(B) Prior to entering into an agreement with an 41,240
enterprise, the legislative authority or board of county 41,241
commissioners shall determine whether the enterprise submitting 41,242
the proposal is qualified by financial responsibility and 41,243
940
business experience to create and preserve employment 41,244
opportunities in the zone and to improve the economic climate of 41,245
the municipal corporation or municipal corporations or the 41,246
unincorporated areas in which the zone is located and to which 41,247
the proposal applies, and whether the enterprise satisfies one of 41,248
the following criteria: 41,249
(1) The enterprise currently has no operations in this 41,251
state and, subject to approval of the agreement, intends to 41,252
establish operations in the zone; 41,253
(2) The enterprise currently has operations in this state 41,255
and, subject to approval of the agreement, intends to establish 41,256
operations at a new location in the zone that would not result in 41,257
a reduction in the number of employee positions at any of the 41,258
enterprise's other locations in this state; 41,259
(3) The enterprise, subject to approval of the agreement, 41,261
intends to relocate operations, currently located in another 41,262
state, to the zone; 41,263
(4) The enterprise, subject to approval of the agreement, 41,265
intends to expand operations at an existing site in the zone that 41,266
the enterprise currently operates; 41,267
(5) The enterprise, subject to approval of the agreement, 41,269
intends to relocate operations, currently located in this state, 41,270
to the zone, and the director of development has issued a waiver 41,271
for the enterprise under division (B) of section 5709.633 of the 41,272
Revised Code. 41,273
(C) If the legislative authority or board determines that 41,275
the enterprise is so qualified and satisfies one of the criteria 41,276
described in divisions (B)(1) to (5) of this section, the 41,277
legislative authority or board may, after complying with section 41,278
5709.83 of the Revised Code and on or before June 30, 1999 2004, 41,280
and, in the case of a board of commissioners, with the consent of 41,282
the legislative authority of each affected municipal corporation
or of the board of township trustees: 41,283
(1) Enter, ENTER into an agreement with the enterprise 41,285
941
under which the enterprise agrees to establish, expand, renovate, 41,287
or occupy a facility in the zone and hire new employees, or 41,288
preserve employment opportunities for existing employees, in 41,289
return for the following incentives: 41,290
(a)(1) When the facility is located in a municipal 41,292
corporation, a legislative authority or board of commissioners 41,293
may enter into an agreement for one or more of the incentives 41,294
provided in division (C) of section 5709.62 of the Revised Code, 41,295
subject to division (D) of that section; 41,296
(b)(2) When the facility is located in an unincorporated 41,298
area, a board of commissioners may enter into an agreement for 41,299
one or more of the incentives provided in divisions (B)(1)(b), 41,300
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 41,301
subject to division (C) of that section. 41,302
(D) All agreements entered into under this section shall 41,304
be in the form prescribed under section 5709.631 of the Revised 41,305
Code. After an agreement under this section is entered into, if 41,306
the legislative authority or board of county commissioners 41,307
revokes its designation of the zone, or if the director of 41,308
development revokes the zone's certification, any entitlements 41,309
granted under the agreement shall continue for the number of 41,310
years specified in the agreement. 41,311
(E) Except as otherwise provided in this division, an 41,313
agreement entered into under this section shall require that the 41,314
enterprise pay an annual fee equal to the greater of one per cent 41,315
of the dollar value of incentives offered under the agreement or 41,316
five hundred dollars; provided, however, that if the value of the 41,317
incentives exceeds two hundred fifty thousand dollars, the fee 41,318
shall not exceed two thousand five hundred dollars. The fee 41,319
shall be payable to the legislative authority or board of 41,320
commissioners once per year for each year the agreement is 41,321
effective on the days and in the form specified in the agreement. 41,322
Fees paid shall be deposited in a special fund created for such 41,323
purpose by the legislative authority or board and shall be used 41,324
942
by the legislative authority or board exclusively for the purpose 41,325
of complying with section 5709.68 of the Revised Code and by the 41,326
tax incentive review council created under section 5709.85 of the 41,327
Revised Code exclusively for the purposes of performing the 41,328
duties prescribed under that section. The legislative authority 41,329
or board may waive or reduce the amount of the fee charged 41,330
against an enterprise, but such waiver or reduction does not 41,331
affect the obligations of the legislative authority or board or 41,332
the tax incentive review council to comply with section 5709.68 41,333
or 5709.85 of the Revised Code, respectively. 41,334
(F) With the approval of the legislative authority of a 41,336
municipal corporation or the board of township trustees of a 41,337
township in which a zone is designated under division (A)(2) of 41,338
this section, the board of county commissioners may delegate to 41,339
that legislative authority or board any powers and duties of the 41,340
board to negotiate and administer agreements with regard to that 41,341
zone under this section. 41,342
(G) When an agreement is entered into pursuant to this 41,344
section, the legislative authority or board of commissioners 41,345
authorizing the agreement shall forward a copy of the agreement 41,346
to the director of development and to the tax commissioner within 41,347
fifteen days after the agreement is entered into. IF ANY 41,349
AGREEMENT INCLUDES TERMS NOT PROVIDED FOR IN SECTION 5709.631 OF
THE REVISED CODE AFFECTING THE REVENUE OF A CITY, LOCAL, OR 41,350
EXEMPTED VILLAGE SCHOOL DISTRICT OR CAUSING REVENUE TO BE 41,351
FOREGONE BY THE DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID 41,352
TO THE SCHOOL DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED 41,354
CODE, THOSE TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE 41,355
DIRECTOR OF DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT 41,356
FORWARDED UNDER THIS DIVISION.
(H) After an agreement is entered into, the enterprise 41,358
shall file with each personal property tax return required to be 41,359
filed while the agreement is in effect, an informational return, 41,360
on a form prescribed by the tax commissioner for that purpose, 41,361
943
setting forth separately the property, and related costs and 41,362
values, exempted from taxation under the agreement. 41,363
(I) An agreement entered into under this section may 41,365
include a provision requiring the enterprise to create one or 41,366
more temporary internship positions for students enrolled in a 41,367
course of study at a school or other educational institution in 41,368
the vicinity, and to create a scholarship or provide another form 41,369
of educational financial assistance for students holding such a 41,370
position in exchange for the student's commitment to work for the 41,371
enterprise at the completion of the internship. 41,372
Sec. 5709.70. BEGINNING WITH FISCAL YEAR 2002, IN EVERY 41,374
BIENNIUM IN WHICH SECTIONS 5709.61 TO 5709.69 OF THE REVISED 41,375
CODE, PERTAINING TO ENTERPRISE ZONES, REMAIN IN EFFECT, THE 41,377
DIRECTOR OF DEVELOPMENT SHALL CERTIFY TO THE GENERAL ASSEMBLY 41,378
THAT THE DIRECTOR IS MAKING AN EFFORT TO REFORM THE ENTERPRISE 41,379
ZONE PROGRAM. THE DIRECTOR SHALL ALSO APPEAR IN EACH SUCH 41,380
BIENNIUM BEFORE A JOINT HEARING OF THE HOUSE OF REPRESENTATIVES 41,381
COMMITTEE ON FINANCE AND APPROPRIATIONS AND THE SENATE FINANCE 41,383
COMMITTEE TO DISCUSS THE EFFORTS OF THE DIRECTOR TO REFORM THE 41,384
PROGRAM. THE CHAIRPERSONS OF THE TWO COMMITTEES SHALL ARRANGE 41,385
FOR SUCH A HEARING WHENEVER THE DIRECTOR NOTIFIES THEM THAT THE 41,386
DIRECTOR IS AVAILABLE TO MAKE THE APPEARANCE. 41,387
Sec. 5709.83. (A) Except as otherwise provided in 41,396
division (B) of this section, prior to taking formal action to 41,397
adopt or enter into any instrument granting a tax exemption under 41,399
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63, 41,400
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised 41,401
Code or formally approving an agreement under section 3735.671 of 41,402
the Revised Code, or prior to forwarding an application for a tax 41,403
exemption for residential property under section 3735.67 of the 41,404
Revised Code to the county auditor, the legislative authority of 41,405
the political subdivision or housing officer shall notify the 41,406
board of education of each CITY, LOCAL, EXEMPTED VILLAGE, OR 41,407
JOINT VOCATIONAL school district in which the proposed 41,408
944
tax-exempted property is located. The notice shall include a 41,409
copy of the instrument or application. The notice shall be 41,410
delivered not later than fourteen days prior to the day the 41,411
legislative authority takes formal action to adopt or enter into 41,412
the instrument, or not later than fourteen days prior to the day 41,413
the housing officer forwards the application to the county 41,414
auditor. If the board of education comments on the instrument or 41,415
application to the legislative authority or housing officer, the 41,416
legislative authority or housing officer shall consider the 41,417
comments. If the board of education OF THE CITY, LOCAL, OR 41,418
EXEMPTED VILLAGE SCHOOL DISTRICT so requests, the legislative 41,419
authority or the housing officer shall meet in person with a 41,420
representative designated by the board of education to discuss 41,421
the terms of the instrument or application. 41,422
(B) The notice otherwise required to be provided to boards 41,424
of education under division (A) of this section is not required 41,425
if the board has adopted a resolution waiving its right to 41,426
receive such notices, and that resolution remains in effect. If 41,427
a board of education adopts such a resolution, the board shall 41,428
cause a copy of the resolution to be certified to the legislative 41,429
authority. If the board of education rescinds such a resolution, 41,430
it shall certify notice of the rescission to the legislative
authority. A board of education may adopt such a resolution with 41,431
respect to any one or more counties, townships, or municipal 41,432
corporations situated in whole or in part within the school 41,433
district.
Sec. 5711.16. A (A) AS USED IN THIS SECTION, 41,442
"MANUFACTURER" MEANS A person who purchases, receives, or holds 41,443
personal property for the purpose of adding to its value by 41,446
manufacturing, refining, rectifying, or combining different 41,447
materials with a view of making a gain or profit by so doing is a 41,448
manufacturer. When such person
WHEN A MANUFACTURER is required to return a statement of 41,451
the amount of his THE MANUFACTURER'S personal property used in 41,452
945
business, he THE MANUFACTURER shall include the average value, 41,454
estimated as provided in this section, of all articles purchased, 41,455
received, or otherwise held for the purpose of being used, in
whole or in part, in manufacturing, combining, rectifying, or 41,456
refining, and of all articles which THAT were at any time by him 41,457
manufactured or changed in any way BY THE MANUFACTURER, either by 41,459
combining, rectifying, refining, or adding thereto, which he THAT 41,460
THE MANUFACTURER has had on hand during the year ending on the 41,461
day such THE property is listed for taxation annually, or the 41,463
part of such year during which he THE MANUFACTURER was engaged in 41,465
business. He THE MANUFACTURER shall separately list finished 41,466
products not kept or stored at the place of manufacture or at a 41,467
warehouse in the same county.
The average value of such property shall be ascertained by 41,469
taking the value of all property subject to be listed on the 41,470
average basis, owned by such THE manufacturer on the last 41,472
business day of each month the manufacturer was engaged in 41,473
business during the year, adding the monthly values together, and
dividing the result by the number of months the manufacturer was 41,474
engaged in such business during the year. The result shall be 41,475
the average value to be listed. A 41,476
(B) A manufacturer shall also SHALL list all engines and 41,479
machinery, and tools and implements, of every kind used, or 41,480
designed to be used, in refining and manufacturing, and owned or 41,481
used by such THE manufacturer.
Sec. 5711.22. (A) Deposits not taxed at the source shall 41,490
be listed and assessed at their amount in dollars on the day they 41,491
are required to be listed. Moneys shall be listed and assessed 41,492
at the amount thereof in dollars on hand on the day that they are 41,493
required to be listed. In listing investments, the amount of the 41,494
income yield of each for the calendar year next preceding the 41,495
date of listing shall, except as otherwise provided in this 41,496
chapter, be stated in dollars and cents and the assessment 41,497
thereof shall be at the amount of such income yield; but any 41,498
946
property defined as investments in either division (A) or (B) of 41,499
section 5701.06 of the Revised Code that has not been outstanding 41,501
for the full calendar year next preceding the date of listing, 41,502
except shares of stock of like kind as other shares of the same 41,503
corporation outstanding for the full calendar year next preceding 41,504
the date of listing, or which has yielded no income during such 41,505
calendar year shall be listed and assessed as unproductive 41,506
investments, at their true value in money on the day that such 41,507
investments are required to be listed.
Credits and other taxable intangibles shall be listed and 41,509
assessed at their true value in money on the day as of which the 41,510
same are required to be listed. 41,511
Shares of stock of a bank holding company, as defined in 41,513
Title 12 U.S.C.A., section 1841, which THAT are required to be 41,514
listed for taxation under this division and upon which dividends 41,516
were paid during the year of their issuance, which dividends are 41,517
subject to taxation under the provisions of Chapter 5747. of the 41,518
Revised Code, shall be exempt from the intangibles tax for the 41,519
year immediately succeeding their issuance. If such shares bear 41,521
dividends the first calendar year after their issuance, which 41,522
dividends are subject to taxation under the provisions of Chapter 41,523
5747. of the Revised Code, it shall be deemed that the 41,524
nondelinquent intangible property tax pursuant to division (A) of 41,525
section 5707.04 of the Revised Code was paid on those dividends 41,526
paid that first calendar year after the issuance of the shares. 41,527
(B)(1) Boilers, machinery, equipment, and personal 41,529
property the true value of which is determined under division (B) 41,530
of section 5711.21 of the Revised Code shall be listed and 41,531
assessed at an amount equal to the sum of the products determined 41,532
under divisions (B)(1)(a), (b), and (c) of this section. 41,533
(a) Multiply the portion of the true value determined 41,535
under division (B)(1) of section 5711.21 of the Revised Code by 41,536
the assessment rate in division (E)(F) of this section; 41,538
(b) Multiply the portion of the true value determined 41,540
947
under division (B)(2) of section 5711.21 of the Revised Code by 41,541
the assessment rate in section 5727.111 of the Revised Code that 41,542
is applicable to the production equipment of an electric company; 41,543
(c) Multiply the portion of the true value determined 41,545
under division (B)(3) of section 5711.21 of the Revised Code by 41,546
the assessment rate in section 5727.111 of the Revised Code that 41,547
is applicable to the property of an electric company that is not 41,548
production equipment. 41,549
(2) Personal property leased to a public utility or 41,551
interexchange telecommunications company as defined in section 41,552
5727.01 of the Revised Code and used directly in the rendition of 41,553
a public utility service as defined in division (P) of section 41,554
5739.01 of the Revised Code shall be listed and assessed at the 41,555
same percentage of true value in money that such property is 41,556
required to be assessed by section 5727.111 of the Revised Code 41,557
if owned by the public utility or interexchange 41,558
telecommunications company. 41,559
(C)(1) Merchandise or an agricultural product shipped from 41,561
outside this state and held in this state in a warehouse or a 41,562
place of storage without further manufacturing or processing and 41,563
for storage only and for shipment outside this state, but that is 41,565
taxable because it does not qualify as "not used in business in 41,567
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 41,568
twenty-five one-hundredths of its true value in money until 41,569
reduced in accordance with the following schedule: 41,570
(a) For any year, subtract five one-hundredths from the 41,572
rate at which such property was required to be listed and 41,573
assessed in the preceding year, if the total statewide collection 41,574
of all real and tangible personal property taxes for the second 41,576
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 41,577
year by more than the greater of four per cent or the rate of 41,578
increase from the third to the second preceding years in the 41,579
948
average consumer price index (all urban consumers, all items) 41,580
prepared by the bureau of labor statistics of the United States 41,581
department of labor;
(b) If no reduction in the assessment rate is made for a 41,583
year, the rate is the same as for the preceding year. 41,584
(2) Each year until the year the assessment rate equals 41,586
zero, the tax commissioner shall determine the assessment rate 41,587
required under this division and shall notify all county auditors 41,588
of that rate.
(3) Notwithstanding provisions to the contrary in division 41,590
(B) of section 5701.08 of the Revised Code, during and after the 41,591
year for which the assessment rate as calculated under this 41,592
division equals zero, any merchandise or agricultural product 41,593
shipped from outside this state and held in this state in any 41,594
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 41,595
shipment outside this state to any person for any purpose is not 41,596
used in business in this state for property tax purposes. 41,598
(D)(1) Merchandise or an agricultural product owned by a 41,600
qualified out-of-state person shipped from outside this state and 41,602
held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and 41,603
for shipment inside this state, but that is taxable because it 41,604
does not qualify as "not used in business in this state" under 41,605
division (B)(1) or (2) of section 5701.08 of the Revised Code, 41,608
shall be listed and assessed at a rate of twenty-five 41,609
one-hundredths of its true value in money until reduced in 41,610
accordance with the following schedule: 41,611
(a) For any year, subtract five one-hundredths from the 41,614
rate at which such property was required to be listed and 41,615
assessed in the preceding year, if the total statewide collection 41,616
of all real and tangible personal property taxes for the second 41,617
preceding year exceeded the total statewide collection of all 41,618
real and tangible personal property taxes for the third preceding 41,619
949
year by more than the greater of four per cent or the rate of 41,620
increase from the third to the second preceding years in the 41,621
average consumer price index (all urban consumers, all items) 41,622
prepared by the bureau of labor statistics of the United States 41,624
department of labor; 41,625
(b) If no reduction in the assessment rate is made for a 41,628
year, the rate is the same as for the preceding year. 41,629
(2) Each year until the year the assessment rate equals 41,631
zero, the tax commissioner shall determine the assessment rate 41,632
required under this division and shall notify all county auditors 41,634
of that rate.
(3) Notwithstanding provisions to the contrary in division 41,637
(B) of section 5701.08 of the Revised Code, during and after the 41,639
year for which the assessment rate as calculated under this 41,640
division equals zero, any merchandise or agricultural product 41,641
described in division (D)(1) of this section is not used in 41,643
business in this state for property tax purposes. 41,644
(4) As used in division (D) of this section: 41,647
(a) "Qualified out-of-state person" means a person that 41,650
does not own, lease, or use property, other than merchandise or 41,651
an agricultural product described in this division, in this 41,652
state, and does not have employees, agents, or representatives in 41,653
this state;
(b) "Public warehouse" means a warehouse in this state 41,656
that is not subject to the control of or under the supervision of 41,657
the owner of the merchandise or agricultural product stored in 41,658
it, or staffed by the owner's employees, and from which the 41,659
property is to be shipped inside this state. 41,660
(E) IN TAX YEAR 2002, PERSONAL PROPERTY VALUED PURSUANT TO 41,662
SECTION 5711.15 OF THE REVISED CODE AND PERSONAL PROPERTY 41,665
REQUIRED TO BE LISTED ON THE AVERAGE BASIS BY DIVISION (A) OF 41,667
SECTION 5711.16 OF THE REVISED CODE, EXCEPT PROPERTY DESCRIBED IN 41,669
DIVISION (C) OR (D) OF THIS SECTION, BUSINESS FIXTURES, AND 41,672
FURNITURE NOT HELD FOR SALE IN THE COURSE OF BUSINESS, SHALL BE 41,673
950
LISTED AND ASSESSED AT THE RATE OF TWENTY-FOUR PER CENT OF ITS 41,674
TRUE VALUE IN MONEY. EACH TAX YEAR THEREAFTER, THE ASSESSMENT
RATE SHALL BE REDUCED ONE PER CENT UNTIL IT EQUALS ZERO IN TAX 41,675
YEAR 2026. DURING AND AFTER TAX YEAR 2026, THE PROPERTY 41,676
DESCRIBED IN DIVISION (E) OF THIS SECTION SHALL NOT BE LISTED OR 41,677
ASSESSED FOR PROPERTY TAX PURPOSES.
(F) Unless otherwise provided by law, all other personal 41,679
property used in business that has not been legally regarded as 41,680
an improvement on land and considered in arriving at the value of 41,681
the real property assessed for taxation shall be listed and 41,682
assessed at the rate of twenty-five per cent of its true value in 41,684
money.
Sec. 5727.01. As used in this chapter: 41,693
(A) "Public utility" means each person referred to as a 41,695
telephone company, telegraph company, electric company, natural 41,696
gas company, pipe-line company, water-works company, water 41,697
transportation company, heating company, rural electric company, 41,698
or railroad company. 41,699
(B) "Gross receipts" means the entire receipts for 41,701
business done by any person from operation as a public utility, 41,702
or incidental thereto, or in connection therewith. The gross 41,703
receipts for business done by an incorporated company engaged in 41,704
operation as a public utility includes the entire receipts for 41,705
business done by such company under the exercise of its corporate 41,706
powers, whether from the operation as a public utility or from 41,707
any other business. 41,708
(C) "Rural electric company" means any nonprofit 41,710
corporation, organization, association, or cooperative engaged in 41,711
the business of supplying electricity to its members or persons 41,712
owning an interest therein in an area the major portion of which 41,713
is rural. 41,714
(D) Any person: 41,716
(1) Is a telegraph company when engaged in the business of 41,718
transmitting telegraphic messages to, from, through, or in this 41,719
951
state; 41,720
(2) Is a telephone company when primarily engaged in the 41,722
business of providing local exchange telephone service, excluding 41,723
cellular radio service, in this state; 41,724
(3) Is an electric company when engaged in the business of 41,726
generating, transmitting, or distributing electricity within this 41,727
state for use by others; 41,728
(4) Is a natural gas company when engaged in the business 41,730
of supplying natural gas for lighting, power, or heating purposes 41,731
to consumers within this state; 41,732
(5) Is a pipe-line company when engaged in the business of 41,734
transporting natural gas, oil, or coal or its derivatives through 41,735
pipes or tubing, either wholly or partially within this state; 41,736
(6) Is a water-works company when engaged in the business 41,738
of supplying water through pipes or tubing, or in a similar 41,739
manner, to consumers within this state; 41,740
(7) Is a water transportation company when engaged in the 41,742
transportation of passengers or property, by boat or other 41,743
watercraft, over any waterway, whether natural or artificial, 41,744
from one point within this state to another point within this 41,745
state, or between points within this state and points without 41,746
this state; 41,747
(8) Is a heating company when engaged in the business of 41,749
supplying water, steam, or air through pipes or tubing to 41,750
consumers within this state for heating purposes; 41,751
(9) Is a railroad company when engaged in the business of 41,753
owning or operating a railroad either wholly or partially within 41,754
this state on rights of way acquired and held exclusively by such 41,755
company, or otherwise, and includes a passenger, street, 41,756
suburban, or interurban railroad company. 41,757
As used in division (D)(2) of this section, "local exchange 41,759
telephone service" means making available or furnishing access 41,760
and a dial tone to all persons within a local calling area for 41,761
use in originating and receiving voice grade communications over 41,762
952
a switched network operated by the provider of the service within 41,763
the area and for gaining access to other telecommunication 41,764
services. 41,765
(E) "Taxable property" means the property required by 41,767
section 5727.06 of the Revised Code to be assessed by the tax 41,768
commissioner but does not include either of the following: 41,769
(1) An item of tangible personal property that for the 41,771
period subsequent to the effective date of an air, water, or 41,772
noise pollution control certificate and continuing so long as the 41,773
certificate is in force, has been certified as part of the 41,774
pollution control facility with respect to which the certificate 41,775
has been issued; 41,776
(2) An item of tangible personal property that during the 41,778
construction of a plant or facility and until the item is first 41,779
capable of operation, whether actually used in operation or not, 41,780
is incorporated in or being held exclusively for incorporation in 41,781
that plant or facility. 41,782
(F) "Taxing district" means a municipal corporation or 41,784
township, or part thereof, in which the aggregate rate of 41,785
taxation is uniform. 41,786
(G) "Telecommunications service" has the same meaning as 41,788
in division (AA) of section 5739.01 of the Revised Code. 41,789
(H) "Interexchange telecommunications company" means a 41,791
person that is engaged in the business of transmitting telephonic 41,792
messages to, from, through, or in this state, but that is not a 41,793
telephone company. 41,794
(I) "Sale and leaseback transaction" means a transaction 41,796
in which a public utility or interexchange telecommunications 41,797
company sells any tangible personal property to a person other 41,798
than a public utility or interexchange telecommunications company 41,799
and within the same calendar year leases that property back from 41,800
the buyer. 41,801
(J) "COMBINED ELECTRIC AND GAS COMPANY" MEANS A PERSON WHO 41,803
PRIMARILY ENGAGES IN THE ACTIVITIES OF AN ELECTRIC COMPANY, BUT 41,804
953
ALSO ENGAGES IN THE ACTIVITIES OF A NATURAL GAS COMPANY. 41,805
Sec. 5727.111. The taxable property of each public 41,814
utility, except a railroad company, and of each interexchange 41,815
telecommunications company shall be assessed at the following 41,816
percentages of true value: 41,817
(A) Fifty per cent in the case of a rural electric 41,819
company; 41,820
(B) In the case of a telephone or telegraph company, the 41,823
percentage provided under division (E)(F) of section 5711.22 of 41,824
the Revised Code for taxable property first subject to taxation 41,825
in this state for tax year 1995 or thereafter, and eighty-eight 41,826
per cent for all other taxable property;
(C) Eighty-eight per cent in the case of a natural gas or 41,828
pipe-line company; 41,829
(D) Eighty-eight per cent in the case of a water-works or 41,831
heating company; 41,832
(E) One hundred per cent in the case of the taxable 41,834
production equipment of an electric company; 41,835
(F) Eighty-eight per cent in the case of all taxable 41,837
personal property of an electric company, other than its 41,838
production equipment; 41,839
(G) The percentage provided under division (E)(F) of 41,842
section 5711.22 of the Revised Code in the case of an 41,843
interexchange telecommunications company; 41,844
(H) Twenty-five per cent in the case of a water 41,846
transportation company. 41,847
Sec. 5727.12. As used in this chapter, "property used in 41,856
railroad operations" means property used in or determined by the 41,857
tax commissioner to be held by a railroad for use in railroad 41,858
operations. In determining the true value of all real and 41,859
personal property owned or leased by each railroad company and 41,860
used in railroad operations, the commissioner shall use the 41,861
unitary method and value all of the property of the company's 41,862
railroad system as a whole, considering the factors generally 41,863
954
used in that method, and weighing each factor appropriately. The 41,864
true value of the property used in railroad operations shall be 41,865
apportioned to this state as provided in section 5727.14 of the 41,866
Revised Code. The commissioner shall separately determine the 41,867
true value of property owned by the company that the commissioner 41,869
determines is not used in railroad operations. The commissioner 41,870
may require the advice of county auditors concerning such values. 41,872
All property of a railroad shall be assessed for taxation 41,874
at the same percentage of true value at which all other real 41,875
property in this state is assessed, in the case of real property, 41,876
and at the percentage of true value provided under division 41,878
(E)(F) of section 5711.22 of the Revised Code, in the case of 41,879
personal property. 41,880
A determination of the value of each tract, lot, or parcel 41,882
of real property or each item of personal property not used in 41,883
railroad operations shall be considered a separate determination 41,884
with respect to which a separate petition for reassessment may be 41,885
filed under section 5727.47 of the Revised Code. 41,886
Where a line of railroad is subsidized under the terms of 41,888
the federal regional rail reorganization act or the federal rail 41,889
revitalization and regulatory reform act, the real and other 41,890
fixed property shall be assessed solely in the name of its owner. 41,891
Sec. 5727.24. FOR THE PURPOSE OF PROVIDING REVENUE TO MEET 41,894
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 41,895
OF A COMBINED ELECTRIC AND GAS COMPANY FROM OPERATING AS A 41,896
NATURAL GAS COMPANY. THE TAX SHALL BE COMPUTED BY MULTIPLYING 41,898
THE GROSS RECEIPTS AS DETERMINED BY THE TAX COMMISSIONER UNDER 41,899
SECTION 5727.33 OF THE REVISED CODE BY FOUR AND THREE-FOURTHS PER 41,901
CENT. A COMBINED ELECTRIC AND GAS COMPANY SHALL BE SUBJECT TO 41,902
THIS TAX ON ANY GROSS RECEIPTS DERIVED FROM OPERATING AS A
NATURAL GAS COMPANY, AND SHALL BE SUBJECT TO THE TAX IMPOSED BY 41,903
SECTION 5727.30 OF THE REVISED CODE FOR ALL OTHER GROSS RECEIPTS, 41,904
EXCLUDING THE GROSS RECEIPTS SUBJECT TO THE TAX IMPOSED BY THIS 41,905
955
SECTION.
Sec. 5727.25. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 41,908
THIS SECTION, WITHIN FORTY-FIVE DAYS AFTER THE LAST DAY OF MARCH, 41,910
JUNE, SEPTEMBER, AND DECEMBER, EACH NATURAL GAS COMPANY OR 41,912
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE EXCISE TAX 41,914
IMPOSED BY SECTION 5727.24 OF THE REVISED CODE SHALL FILE A 41,915
RETURN WITH THE TREASURER OF STATE, IN SUCH FORM AS THE TAX 41,916
COMMISSIONER PRESCRIBES, AND PAY THE FULL AMOUNT OF THE TAX DUE 41,917
FOR THE PRECEDING CALENDAR QUARTER, EXCEPT THAT THE FIRST PAYMENT 41,918
OF THIS TAX SHALL BE MADE ON OR BEFORE NOVEMBER 15, 2000, FOR THE 41,919
FIVE-MONTH PERIOD OF MAY 1, 2000, TO SEPTEMBER 30, 2000. 41,920
THEREAFTER, PAYMENTS SHALL BE MADE QUARTERLY IN ACCORDANCE WITH 41,921
THIS DIVISION. ALL PAYMENTS MADE UNDER THIS DIVISION SHALL BE 41,922
MADE BY ELECTRONIC FUNDS TRANSFER IN ACCORDANCE WITH SECTION 41,923
5727.311 OF THE REVISED CODE. 41,924
(B) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 41,926
COMPANY SUBJECT TO THE EXCISE TAX IMPOSED BY THIS SECTION THAT 41,928
HAS AN ANNUAL TAX LIABILITY FOR THE YEAR ENDING ON THE 41,929
THIRTY-FIRST DAY OF DECEMBER OF LESS THAN THREE HUNDRED 41,931
TWENTY-FIVE THOUSAND DOLLARS SHALL FILE AN ANNUAL RETURN WITH THE 41,932
TREASURER OF STATE, IN SUCH FORM AS THE TAX COMMISSIONER
PRESCRIBES, FOR THE NEXT YEAR AND REMIT THE TAXES DUE FOR THAT 41,933
YEAR WITHIN FORTY-FIVE DAYS AFTER THE THIRTY-FIRST DAY OF 41,934
DECEMBER. THE FIRST PAYMENT OF THE TAX UNDER THIS DIVISION SHALL 41,936
BE MADE ON OR BEFORE FEBRUARY 14, 2001, FOR THE YEAR ENDING 41,937
DECEMBER 31, 2000. THE MINIMUM TAX FOR A NATURAL GAS COMPANY OR 41,938
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THIS DIVISION SHALL 41,939
BE TEN DOLLARS, AND THE COMPANY SHALL NOT BE REQUIRED TO REMIT 41,940
THE TAX DUE BY ELECTRONIC FUNDS TRANSFER. 41,942
(C) A RETURN REQUIRED TO BE FILED UNDER DIVISION (A) OR 41,945
(B) OF THIS SECTION SHALL SHOW THE AMOUNT OF TAX DUE FROM THE 41,946
COMPANY FOR THE PERIOD COVERED BY THE RETURN AND ANY OTHER 41,947
INFORMATION AS PRESCRIBED BY THE TAX COMMISSIONER. A RETURN 41,948
SHALL BE CONSIDERED FILED WHEN RECEIVED BY THE TREASURER OF 41,949
956
STATE. THE COMMISSIONER MAY EXTEND THE TIME FOR MAKING AND 41,950
FILING RETURNS AND PAYING THE TAX. 41,951
(D) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 41,953
COMPANY THAT FAILS TO FILE A RETURN OR PAY THE FULL AMOUNT OF THE 41,954
TAX DUE WITHIN THE PERIOD PRESCRIBED UNDER THIS SECTION SHALL PAY 41,955
AN ADDITIONAL CHARGE OF FIFTY DOLLARS OR TEN PER CENT OF THE TAX 41,956
REQUIRED TO BE PAID FOR THE REPORTING PERIOD, WHICHEVER IS 41,957
GREATER. IF ANY TAX DUE IS NOT PAID TIMELY IN ACCORDANCE WITH 41,958
THIS SECTION, THE COMPANY LIABLE FOR THE TAX SHALL PAY INTEREST, 41,959
CALCULATED AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF 41,960
THE REVISED CODE, FROM THE DATE THE TAX PAYMENT WAS DUE TO THE 41,961
DATE OF PAYMENT OR TO THE DATE AN ASSESSMENT WAS ISSUED, 41,962
WHICHEVER OCCURS FIRST. THE TAX COMMISSIONER MAY COLLECT ANY 41,963
ADDITIONAL CHARGE OR INTEREST IMPOSED BY THIS SECTION BY 41,964
ASSESSMENT IN THE MANNER PROVIDED IN SECTION 5727.26 OF THE 41,965
REVISED CODE. THE COMMISSIONER MAY ABATE ALL OR A PORTION OF THE 41,966
ADDITIONAL CHARGE AND MAY ADOPT RULES GOVERNING SUCH ABATEMENTS. 41,967
(E) THE TAXES, ADDITIONAL CHARGES, PENALTIES, AND INTEREST 41,969
COLLECTED UNDER SECTIONS 5727.24 TO 5727.29 SHALL BE CREDITED IN 41,970
ACCORDANCE WITH SECTION 5727.45 OF THE REVISED CODE. 41,971
Sec. 5727.26. (A) THE TAX COMMISSIONER MAY MAKE AN 41,974
ASSESSMENT, BASED ON ANY INFORMATION IN THE COMMISSIONER'S 41,975
POSSESSION, AGAINST ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC 41,977
AND GAS COMPANY THAT FAILS TO FILE A RETURN OR PAY ANY TAX,
INTEREST, OR ADDITIONAL CHARGE AS REQUIRED BY SECTIONS 5727.24 TO 41,979
5727.29 OF THE REVISED CODE. THE COMMISSIONER SHALL GIVE THE 41,981
COMPANY ASSESSED WRITTEN NOTICE OF THE ASSESSMENT BY PERSONAL 41,982
SERVICE OR CERTIFIED MAIL. A PENALTY OF UP TO FIFTEEN PER CENT 41,983
MAY BE ADDED TO ALL AMOUNTS ASSESSED UNDER THIS SECTION. THE TAX 41,984
COMMISSIONER MAY ADOPT RULES PROVIDING FOR THE REMISSION OF THE 41,985
PENALTY.
(B) IF A PARTY TO WHOM THE NOTICE OF ASSESSMENT IS 41,987
DIRECTED OBJECTS TO THE ASSESSMENT, THE PARTY MAY FILE A PETITION 41,988
FOR REASSESSMENT WITH THE TAX COMMISSIONER. THE PETITION MUST BE 41,989
957
MADE IN WRITING, SIGNED BY THE PARTY OR THE PARTY'S AUTHORIZED 41,990
AGENT HAVING KNOWLEDGE OF THE FACTS, AND FILED WITH THE 41,991
COMMISSIONER, EITHER PERSONALLY OR BY CERTIFIED MAIL, WITHIN 41,992
THIRTY DAYS AFTER SERVICE OF THE NOTICE OF ASSESSMENT. THE 41,993
PETITION SHALL INDICATE THE OBJECTIONS OF THE COMPANY ASSESSED, 41,994
BUT ADDITIONAL OBJECTIONS MAY BE RAISED IN WRITING IF RECEIVED 41,995
PRIOR TO THE DATE SHOWN ON THE FINAL DETERMINATION OF THE 41,996
COMMISSIONER. UPON RECEIPT OF A PROPERLY FILED PETITION, THE 41,997
COMMISSIONER SHALL NOTIFY THE TREASURER OF STATE. 41,998
UNLESS THE PETITIONER WAIVES A HEARING, THE COMMISSIONER 42,000
SHALL GRANT THE PETITIONER A HEARING ON THE PETITION, ASSIGN A 42,001
TIME AND PLACE FOR THE HEARING, AND NOTIFY THE PETITIONER OF THE 42,002
TIME AND PLACE OF THE HEARING, BY PERSONAL SERVICE OR CERTIFIED 42,003
MAIL. THE COMMISSIONER MAY CONTINUE THE HEARING FROM TIME TO 42,004
TIME, IF NECESSARY.
IF THE PARTY TO WHOM THE NOTICE OF ASSESSMENT IS DIRECTED 42,006
DOES NOT FILE A PETITION FOR REASSESSMENT, THE ASSESSMENT IS 42,007
FINAL AND THE AMOUNT OF THE ASSESSMENT IS DUE AND PAYABLE FROM 42,008
THE COMPANY ASSESSED TO THE TREASURER OF STATE. 42,009
(C) THE TAX COMMISSIONER MAY MAKE ANY CORRECTION TO THE 42,011
ASSESSMENT THAT THE COMMISSIONER FINDS PROPER AND SHALL ISSUE A 42,012
FINAL DETERMINATION THEREON. THE COMMISSIONER SHALL SERVE A COPY 42,013
OF THE FINAL DETERMINATION ON THE PETITIONER EITHER BY PERSONAL 42,014
SERVICE OR CERTIFIED MAIL, AND THE COMMISSIONER'S DECISION IN THE 42,015
MATTER IS FINAL, SUBJECT TO APPEAL UNDER SECTION 5717.02 OF THE 42,017
REVISED CODE. THE COMMISSIONER ALSO SHALL TRANSMIT A COPY OF THE 42,018
FINAL DETERMINATION TO THE TREASURER OF STATE. ONLY OBJECTIONS 42,019
DECIDED ON THE MERITS BY THE BOARD OF TAX APPEALS OR A COURT 42,020
SHALL BE GIVEN COLLATERAL ESTOPPEL OR RES JUDICATA EFFECT IN 42,022
CONSIDERING AN APPLICATION FOR REFUND OF AN AMOUNT PAID PURSUANT 42,023
TO THE ASSESSMENT.
(D) AFTER AN ASSESSMENT BECOMES FINAL, IF ANY PORTION OF 42,025
THE ASSESSMENT, INCLUDING ACCRUED INTEREST, REMAINS UNPAID, A 42,026
CERTIFIED COPY OF THE TAX COMMISSIONER'S ENTRY MAKING THE 42,027
958
ASSESSMENT FINAL MAY BE FILED IN THE OFFICE OF THE CLERK OF THE 42,028
COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE NATURAL GAS 42,029
COMPANY'S OR COMBINED ELECTRIC AND GAS COMPANY'S PRINCIPAL PLACE 42,030
OF BUSINESS IS LOCATED, OR IN THE OFFICE OF THE CLERK OF COURT OF 42,031
COMMON PLEAS OF FRANKLIN COUNTY. 42,032
THE CLERK, IMMEDIATELY ON THE FILING OF THE ENTRY, MUST 42,034
ENTER JUDGMENT FOR THE STATE AGAINST THE COMPANY ASSESSED IN THE 42,035
AMOUNT SHOWN ON THE ENTRY. THE JUDGMENT MAY BE FILED BY THE 42,036
CLERK IN A LOOSE-LEAF BOOK ENTITLED, "SPECIAL JUDGMENTS FOR THE 42,037
PUBLIC UTILITY EXCISE TAX ON NATURAL GAS AND COMBINED ELECTRIC 42,038
AND GAS COMPANIES," AND SHALL HAVE THE SAME EFFECT AS OTHER 42,039
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT AT THE 42,040
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 42,041
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT. 42,042
THE PORTION OF THE ASSESSMENT NOT PAID WITHIN THIRTY DAYS 42,044
AFTER THE DAY THE ASSESSMENT WAS ISSUED SHALL BEAR INTEREST AT 42,045
THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED 42,046
CODE FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT 42,048
UNTIL IT IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS 42,049
THE TAX AND MAY BE COLLECTED BY THE ISSUANCE OF AN ASSESSMENT 42,051
UNDER THIS SECTION.
(E) IF THE TAX COMMISSIONER BELIEVES THAT COLLECTION OF 42,053
THE TAX WILL BE JEOPARDIZED UNLESS PROCEEDINGS TO COLLECT OR 42,054
SECURE COLLECTION OF THE TAX ARE INSTITUTED WITHOUT DELAY, THE 42,055
COMMISSIONER MAY ISSUE A JEOPARDY ASSESSMENT AGAINST THE PERSON 42,056
LIABLE FOR THE TAX. ON ISSUANCE OF THE JEOPARDY ASSESSMENT, THE 42,057
COMMISSIONER IMMEDIATELY SHALL FILE AN ENTRY WITH THE CLERK OF 42,058
THE COURT OF COMMON PLEAS IN THE MANNER PRESCRIBED BY DIVISION 42,059
(D) OF THIS SECTION. NOTICE OF THE JEOPARDY ASSESSMENT SHALL BE 42,060
SERVED ON THE PARTY ASSESSED OR THE PARTY'S LEGAL REPRESENTATIVE 42,061
WITHIN FIVE DAYS OF THE FILING OF THE ENTRY WITH THE CLERK. THE
TOTAL AMOUNT ASSESSED IS IMMEDIATELY DUE AND PAYABLE, UNLESS THE 42,062
PERSON ASSESSED FILES A PETITION FOR REASSESSMENT IN ACCORDANCE 42,063
WITH DIVISION (B) OF THIS SECTION AND PROVIDES SECURITY IN A FORM 42,064
959
SATISFACTORY TO THE COMMISSIONER AND IN AN AMOUNT SUFFICIENT TO 42,065
SATISFY THE UNPAID BALANCE OF THE ASSESSMENT. FULL OR PARTIAL 42,066
PAYMENT OF THE ASSESSMENT DOES NOT PREJUDICE THE COMMISSIONER'S
CONSIDERATION OF THE PETITION FOR REASSESSMENT. 42,067
(F) ALL INTEREST COLLECTED BY THE TAX COMMISSIONER UNDER 42,069
THIS SECTION SHALL BE PAID TO THE TREASURER OF STATE, AND WHEN 42,070
PAID SHALL BE CONSIDERED REVENUE ARISING FROM THE TAX IMPOSED BY 42,071
SECTION 5727.24 OF THE REVISED CODE. 42,072
(G) NO ASSESSMENT SHALL BE MADE OR ISSUED AGAINST A 42,074
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY FOR THE 42,075
TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE MORE THAN FOUR 42,076
YEARS AFTER THE RETURN DATE FOR THE PERIOD IN WHICH THE TAX WAS 42,077
REPORTED, OR MORE THAN FOUR YEARS AFTER THE RETURN FOR THE PERIOD 42,078
WAS FILED, WHICHEVER IS LATER. 42,079
Sec. 5727.27. EVERY NATURAL GAS COMPANY OR COMBINED 42,082
ELECTRIC AND GAS COMPANY LIABLE FOR THE TAX IMPOSED BY SECTION 42,083
5727.24 OF THE REVISED CODE SHALL KEEP COMPLETE AND ACCURATE 42,085
RECORDS AS PRESCRIBED BY THE TAX COMMISSIONER. THE RECORDS SHALL 42,086
BE PRESERVED FOR FOUR YEARS AFTER THE RETURN FOR THE TAX TO WHICH 42,088
THE RECORDS PERTAIN IS DUE OR FILED, WHICHEVER IS LATER. THE 42,089
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY SHALL
MAKE THE RECORDS AVAILABLE FOR INSPECTION BY THE COMMISSIONER OR 42,090
THE COMMISSIONER'S AGENT, ON THE REQUEST OF THE COMMISSIONER OR 42,091
AGENT. 42,092
Sec. 5727.28. (A) THE TREASURER OF STATE SHALL REFUND TO 42,095
A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY 42,096
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 42,098
CODE, THE AMOUNT OF TAX PAID ILLEGALLY OR ERRONEOUSLY, OR PAID ON 42,099
AN ILLEGAL OR ERRONEOUS ASSESSMENT. APPLICATIONS FOR A REFUND 42,100
SHALL BE FILED WITH THE TAX COMMISSIONER, ON A FORM PRESCRIBED BY 42,101
THE COMMISSIONER, WITHIN FOUR YEARS OF THE ILLEGAL OR ERRONEOUS 42,102
PAYMENT OF THE TAX. 42,103
ON THE FILING OF THE APPLICATION FOR A REFUND, THE 42,105
COMMISSIONER SHALL DETERMINE THE AMOUNT OF REFUND DUE AND CERTIFY 42,106
960
THAT AMOUNT TO THE DIRECTOR OF BUDGET AND MANAGEMENT AND 42,107
TREASURER OF STATE FOR PAYMENT FROM THE TAX REFUND FUND UNDER 42,108
SECTION 5703.052 OF THE REVISED CODE. IF THE APPLICATION FOR 42,109
REFUND IS FOR TAXES PAID ON AN ILLEGAL OR ERRONEOUS ASSESSMENT, 42,110
THE TAX COMMISSIONER SHALL INCLUDE IN THE CERTIFIED AMOUNT 42,111
INTEREST CALCULATED AT THE RATE PER ANNUM PRESCRIBED UNDER 42,112
SECTION 5703.47 OF THE REVISED CODE FROM THE DATE OF OVERPAYMENT 42,113
TO THE DATE OF THE COMMISSIONER'S CERTIFICATION. 42,114
(B) IF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 42,116
COMPANY ENTITLED TO A REFUND OF TAXES UNDER THIS SECTION IS 42,117
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 42,118
INTEREST ARISING FROM SUCH A TAX OR FEE, THE AMOUNT REFUNDABLE 42,119
MAY BE APPLIED IN SATISFACTION OF THAT DEBT. IF THE AMOUNT 42,120
REFUNDABLE IS LESS THAN THE AMOUNT OF THE DEBT, IT MAY BE APPLIED 42,121
IN PARTIAL SATISFACTION OF THE DEBT. IF THE AMOUNT REFUNDABLE IS 42,122
GREATER THAN THE AMOUNT OF THE DEBT, THE AMOUNT REMAINING AFTER 42,123
SATISFACTION OF THE DEBT SHALL BE REFUNDED. 42,124
(C) IN LIEU OF GRANTING A REFUND UNDER DIVISION (A) OR (B) 42,127
OF THIS SECTION, THE TAX COMMISSIONER MAY ALLOW A NATURAL GAS 42,128
COMPANY OR COMBINED ELECTRIC AND GAS COMPANY TO CLAIM A CREDIT OF 42,129
THE AMOUNT OF THE TAX REFUND ON THE RETURN FOR THE PERIOD DURING 42,130
WHICH THE TAX BECAME REFUNDABLE. THE COMMISSIONER MAY REQUIRE 42,131
THE COMPANY TO SUBMIT INFORMATION TO SUPPORT A CLAIM FOR A CREDIT 42,132
UNDER THIS DIVISION, AND THE COMMISSIONER MAY DISALLOW THE CREDIT 42,133
IF THE INFORMATION IS NOT PROVIDED. 42,134
Sec. 5727.29. (A) NATURAL GAS COMPANIES AND COMBINED 42,137
ELECTRIC AND GAS COMPANIES SHALL BE ENTITLED TO A REFUNDABLE 42,138
CREDIT EQUAL TO THE FOLLOWING: 42,139
(1) FOR NATURAL GAS COMPANIES, THE SUM OF THE THREE 42,141
PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS MADE PURSUANT TO 42,142
SECTION 5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 42,143
1999, AND ON OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000; 42,145
(2) FOR COMBINED ELECTRIC AND GAS COMPANIES, THE SUM OF 42,147
961
THE THREE PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS DERIVED 42,148
FROM OPERATING AS A NATURAL GAS COMPANY MADE PURSUANT TO SECTION 42,149
5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 1999, AND ON 42,152
OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000. TO CALCULATE THE 42,154
CREDIT ALLOWED UNDER DIVISION (A)(2) OF THIS SECTION, EACH 42,155
COMBINED ELECTRIC AND GAS COMPANY SHALL FILE A SEPARATE REPORT AS 42,156
PRESCRIBED BY THE TAX COMMISSIONER SEGREGATING GROSS RECEIPTS 42,157
FROM OPERATING AS AN ELECTRIC COMPANY AND GROSS RECEIPTS FROM 42,158
OPERATING AS A NATURAL GAS COMPANY, FOR THE PERIOD ENDING APRIL 42,159
30, 2000.
(B) NATURAL GAS COMPANIES AND COMBINED ELECTRIC AND GAS 42,161
COMPANIES SHALL CLAIM ONE-FORTIETH OF THE CREDIT CALCULATED UNDER 42,162
DIVISION (A) OF THIS SECTION ON EACH RETURN FILED UNDER DIVISION 42,164
(A) OF SECTION 5727.25 OF THE REVISED CODE UNTIL THE FULL AMOUNT 42,166
OF THE CREDIT IS CLAIMED. THE CREDIT FIRST MAY BE CLAIMED ON THE
RETURN FILED ON OR BEFORE NOVEMBER 15, 2001, PURSUANT TO DIVISION 42,168
(A) OF SECTION 5727.25 OF THE REVISED CODE. IF THE CREDIT 42,170
ALLOWED UNDER THIS SECTION EXCEEDS THE TOTAL TAXES DUE FOR ANY
QUARTER, THE TAX COMMISSIONER SHALL REFUND OR CREDIT THE EXCESS 42,171
IN ACCORDANCE WITH SECTION 5727.28 OF THE REVISED CODE. 42,173
(C) IF THE EXCISE TAX IMPOSED BY SECTION 5727.24 OF THE 42,176
REVISED CODE IS REPEALED OR AMENDED, NATURAL GAS COMPANIES AND 42,177
COMBINED ELECTRIC AND GAS COMPANIES AND THEIR SUCCESSORS AND 42,178
ASSIGNS SHALL BE ALLOWED TO APPLY THE CREDIT ALLOWED UNDER THIS 42,180
SECTION TO ANY OTHER TAX, ADDITIONAL CHARGE, PENALTY, INTEREST, 42,181
OR FEE ADMINISTERED BY THE TAX COMMISSIONER. UNDER NO 42,182
CIRCUMSTANCES SHALL PAYMENT OF THE REFUNDABLE CREDIT GRANTED BY 42,183
THIS SECTION BE ACCELERATED.
Sec. 5727.30. Each public utility, except railroad 42,193
companies AND NATURAL GAS COMPANIES, shall be subject to an 42,196
annual excise tax, as provided by sections 5727.31 to 5727.62 of
the Revised Code, for the privilege of owning property in this 42,197
state or doing business in this state during the twelve-month 42,198
period next succeeding the period upon which the tax is based. 42,199
962
The tax shall be imposed against each such public utility which 42,201
THAT, on the first day of such twelve-month period, owns property 42,204
in this state or is doing business in this state, and the lien
for the tax, including any penalties and interest accruing 42,206
thereon, shall attach on such day to the property of the public 42,207
utility in this state.
Sec. 5727.31. (A) Each public utility, except railroad 42,217
companies, doing business or owning property in this state shall 42,218
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED 42,219
CODE, annually, on or before the first day of August, SHALL file 42,220
with the tax commissioner a statement in such form as the 42,221
commissioner prescribes. 42,222
(B)(1) Annually, on or before the fifteenth day of October 42,224
of the current year, each public utility subject to the excise 42,225
taxes levied by this chapter whose estimated excise taxes for the 42,226
current year as based upon the statement required to be filed in 42,227
that year by division (A) of this section are, in the case of a 42,228
public utility other than a natural gas company, one thousand 42,229
dollars or more, or are, in the case of a natural gas company, 42,230
three hundred twenty-five thousand dollars or more, shall file 42,231
with the treasurer of state a report, in such form as the tax 42,232
commissioner prescribes, showing the amount of excise tax 42,233
estimated to be charged or levied pursuant to law for the current 42,234
year upon the basis of such annual statement, and shall remit a 42,235
portion of the estimated excise taxes shown to be due by the 42,236
report. The portion of the estimated excise taxes due at the 42,237
time the report is filed shall be one-third of its total excise 42,238
taxes estimated to be charged or levied for the current year 42,239
based upon the annual statement filed under division (A) of this 42,240
section. 42,241
(2) Annually, on or before the first day of March and 42,243
June, each public utility subject to the excise taxes levied by 42,244
this chapter whose excise taxes as based upon its last preceding 42,245
annual statement filed under division (A) of this section prior 42,246
963
to the first day of January were, in the case of a public utility 42,247
other than a natural gas company, one thousand dollars or more, 42,248
or were, in the case of a natural gas company, three hundred 42,249
twenty-five thousand dollars or more, shall file with the 42,250
treasurer of state a report, in such form as the tax commissioner 42,251
prescribes, showing the amount of excise tax charged or levied 42,252
pursuant to law upon the basis of such annual statement, and 42,253
shall remit a portion of the excise taxes shown to be due by each 42,254
such report. The portion of the excise taxes due at the time 42,255
each such report is filed shall be one-third of its total excise 42,256
taxes so charged or levied based upon such annual statement. 42,257
(C) Any public utility subject to the excise taxes imposed 42,259
by this chapter SECTION 5727.30 OF THE REVISED CODE whose tax as 42,260
certified under section 5727.38 of the Revised Code in a year 42,262
equals or exceeds the amount specified for that year in section 42,263
5727.311 of the Revised Code shall make the payments required 42,264
under this section in the second ensuing and each succeeding year 42,265
in the manner prescribed by section 5727.311 of the Revised Code, 42,266
except as otherwise prescribed by that section. 42,267
(D)(1) For purposes of this section, a report required to 42,269
be filed under division (B) of this section is considered filed 42,270
when it is received by the treasurer of state. 42,271
(2) For purposes of this section and sections 5727.311 and 42,273
5727.42 of the Revised Code, remittance of an excise tax required 42,274
to be made under this section is considered to be made when the 42,275
remittance is received by the treasurer of state, or when 42,276
credited to an account designated by the treasurer of state for 42,277
the receipt of tax remittances. 42,278
Sec. 5727.311. (A) Any public utility subject to an 42,288
excise tax imposed by this chapter SECTION 5727.30 OF THE REVISED 42,289
CODE whose tax as certified by the tax commissioner under section 42,291
5727.38 of the Revised Code in the year indicated in the 42,292
following schedule equals or exceeds the amount indicated for 42,293
that year in the schedule FIFTY THOUSAND DOLLARS shall make each 42,295
964
payment required under division (B) of section 5727.31 of the 42,296
Revised Code for the second ensuing and each succeeding year by 42,297
electronic funds transfer as prescribed by division (B) of this 42,298
section. Year for which 42,299
tax was certified 1992 1993 and 42,300
thereafter
Amount of tax $100,000 $50,000 42,301
certified
If the tax certified by the tax commissioner in each of two 42,303
consecutive years beginning with 1993 is less than fifty thousand 42,304
dollars, the public utility is relieved of the requirement to 42,305
remit taxes by electronic funds transfer for the year that next 42,306
follows the second of the consecutive years in which the tax 42,307
certified is less than fifty thousand dollars, and is relieved of 42,308
that requirement for each succeeding year unless the tax 42,309
certified in a subsequent year equals or exceeds fifty thousand 42,310
dollars. The 42,311
(B) THE tax commissioner shall notify each public utility 42,313
required BY THIS SECTION OR SECTION 5727.25 OF THE REVISED CODE 42,314
to remit taxes by electronic funds transfer of the public 42,316
utility's obligation to do so, shall maintain an updated list of 42,317
those public utilities, and shall timely certify the list and any 42,318
additions thereto or deletions therefrom to the treasurer of 42,319
state. Failure by the tax commissioner to notify a public
utility subject to this section to remit taxes by electronic 42,320
funds transfer does not relieve the public utility of its 42,321
obligation to remit taxes by electronic funds transfer. 42,322
(B)(C) Public utilities required by this section OR 42,324
SECTION 5727.25 OF THE REVISED CODE to remit periodic payments by 42,326
electronic funds transfer shall remit such payments to the 42,327
treasurer of state in the manner prescribed by rules adopted by 42,328
the treasurer under section 113.061 of the Revised Code. The 42,329
payment of public utility excise taxes by electronic funds 42,330
965
transfer does not affect a public utility's obligation to file 42,331
the annual statement and periodic reports in the manner and at 42,332
the times prescribed by section 5727.31 of the Revised Code. 42,333
A public utility required by this section to remit taxes by 42,335
electronic funds transfer may apply to the treasurer of state in 42,336
the manner prescribed by the treasurer OF STATE to be excused 42,337
from that requirement. The treasurer of state may excuse the 42,338
public utility from remittance by electronic funds transfer for 42,339
good cause shown for the period of time requested by the public 42,340
utility or for a portion of that period. The treasurer OF STATE 42,341
shall notify the tax commissioner and the public utility of the 42,342
treasurer's TREASURER OF STATE'S decision as soon as is 42,343
practicable. 42,344
(C)(D) If a public utility required by this section OR 42,346
SECTION 5727.25 OF THE REVISED CODE to remit taxes by electronic 42,348
funds transfer remits those taxes by some means other than by 42,349
electronic funds transfer as prescribed by this section and the 42,350
rules adopted by the treasurer of state, and the treasurer OF 42,351
STATE determines that the failure to remit taxes as required was 42,352
not due to reasonable cause or was due to willful neglect, the 42,353
treasurer OF STATE may impose an additional charge on the public 42,354
utility equal to five per cent of the amount of the taxes
required to be paid by electronic funds transfer, but not to 42,355
exceed five thousand dollars. Any additional charge imposed 42,356
under this section is in addition to any other penalty or charge 42,357
imposed under this chapter, and shall be considered as revenue 42,358
arising from excise taxes imposed by this chapter. 42,359
No additional charge shall be assessed under this division 42,361
against a public utility that has been notified of its obligation 42,362
to remit taxes under this section and that remits its first two 42,363
tax payments after such notification by some means other than 42,364
electronic funds transfer. The additional charge may be assessed 42,365
upon the remittance of any subsequent tax payment that the public 42,366
utility remits by some means other than electronic funds 42,367
966
transfer. 42,368
Sec. 5727.32. The statement required by section 5727.31 of 42,378
the Revised Code for the purpose of the public utility excise tax 42,379
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE shall contain: 42,381
(A) The name of the company; 42,383
(B) The nature of the company, whether a person, 42,385
association, or corporation, and under the laws of what state or 42,386
country organized; 42,387
(C) The location of its principal office; 42,389
(D) The name and post-office address of the president, 42,391
secretary, auditor, treasurer, and superintendent or general 42,392
manager; 42,393
(E) The name and post-office address of the chief officer 42,395
or managing agent of the company in this state; 42,396
(F) The amount of the excise taxes paid or to be paid with 42,398
the reports made during the current calendar year as provided by 42,399
section 5727.31 of the Revised Code; 42,400
(G) In the case of telegraph and telephone companies: 42,402
(1) The gross receipts from all sources, whether messages, 42,404
telephone tolls, rentals, or otherwise, for business done within 42,405
this state, including all sums earned or charged, whether 42,406
actually received or not, for the year ending on the thirtieth 42,407
day of June, and the company's proportion of gross receipts for 42,408
business done by it within this state in connection with other 42,409
companies, firms, corporations, persons, or associations, but 42,410
excluding all of the following: 42,411
(a) All of the receipts derived wholly from interstate 42,413
business or business done for or with the federal government; 42,414
(b) The receipts of amounts billed on behalf of other 42,416
entities; 42,417
(c) The receipts from sales to other telephone companies 42,419
for resale; 42,420
(d) For the year ending June 30, 1990, and each subsequent 42,422
year, THE receipts from sales to providers of telecommunications 42,423
967
service for resale, receipts from incoming or outgoing wide area 42,424
transmission service or wide area transmission type service, 42,425
including eight hundred or eight-hundred-type service, and 42,426
receipts from private communications service. 42,427
As used in this division, "receipts from sales to other 42,429
telephone companies for resale" and "receipts from sales to 42,430
providers of telecommunications service for resale" include, but 42,431
are not limited to, receipts of carrier access charges. "Carrier 42,432
access charges" means compensation paid to the taxpayer telephone 42,433
company by another telephone company or by a provider of 42,434
telecommunications service for the use of the taxpayer's 42,435
facilities to originate or terminate telephone calls or 42,436
telecommunications service. 42,437
(2) The total gross receipts for such period from business 42,439
done within this state. 42,440
(H) In the case of all public utilities, except NATURAL 42,442
GAS COMPANIES AND telegraph and telephone companies: 42,444
(1) The gross receipts of the company, actually received, 42,446
from all sources for business done within this state for the year 42,447
next preceding the first day of May, including the company's 42,448
proportion of gross receipts for business done by it within this 42,449
state in connection with other companies, firms, corporations, 42,450
persons, or associations, but excluding all of the following: 42,451
(a) Receipts from interstate business or business done for 42,453
the federal government; 42,454
(b) Receipts from sales to other public utilities for 42,456
resale, provided such other public utility is required to file a 42,457
statement pursuant to section 5727.31 of the Revised Code; 42,458
(c) For the year ending April 30, 1990, and each 42,460
subsequent year, receipts RECEIPTS from the transmission or 42,461
delivery of electricity to or for a rural electric company, 42,463
provided that the electricity that has been so transmitted or 42,464
delivered is for resale by the rural electric company; 42,465
(d) Receipts of an electric company, derived from the 42,467
968
provision of electricity and other services to a qualified former 42,468
owner of the production facilities which THAT generated the 42,469
electricity from which those receipts were derived. As used in 42,470
this division, a "qualified former owner" means a person who 42,471
meets both of the following conditions: 42,472
(i) On or before October 11, 1991, the person had sold to 42,474
an electric company part of the production facility at which the 42,475
electricity is generated, and, for at least twenty years prior to 42,476
that sale, the facility was used to generate electricity, but it 42,477
was not owned in whole or in part during that period by an 42,478
electric company. 42,479
(ii) At the time the electric company provided the 42,481
electricity or other services for which the exclusion is claimed, 42,482
the person, or a successor or assign of the person, owned not 42,483
less than a twenty per cent ownership of the production facility 42,484
and the rights to not less than twenty per cent of the production 42,485
of that facility; and the person, or a successor or assign of the 42,486
person, engaged primarily in a business other than providing 42,487
electricity to others. 42,488
(e) Receipts of a natural COMBINED ELECTRIC AND gas 42,490
company of amounts billed on behalf of other entities. 42,492
Transportation and billing and collection fees charged to other 42,493
entities shall be included in the gross receipts of DERIVED FROM
OPERATING AS a natural gas company IF THE RECEIPTS ARE SUBJECT TO 42,494
THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE. 42,495
(2) The total gross receipts of such company for such 42,497
period in this state from business done within the state. 42,498
The reports required by section 5727.31 of the Revised Code 42,500
shall contain: 42,501
(a) The name and principal mailing address of the company; 42,503
(b) The total amount of the gross receipts excise taxes 42,505
charged or levied as based upon its last preceding annual 42,506
statement filed prior to the first day of January of the year in 42,507
which such report is filed; 42,508
969
(c) The amount of the excise taxes due with the report as 42,510
provided by section 5727.31 of the Revised Code. 42,511
Sec. 5727.33. (A) For the purpose of computing the public 42,521
utility excise tax IMPOSED BY SECTION 5727.24 OR 5727.30 OF THE 42,522
REVISED CODE, the tax commissioner shall ascertain and determine 42,524
the entire gross receipts actually received from all sources, 42,525
excluding the receipts described in divisions (B), (C), (D), and 42,526
(E), AND (F) of this section, of each electric, rural electric, 42,527
natural COMBINED ELECTRIC AND gas, pipe-line, water-works, 42,528
heating, and water transportation company for business done 42,530
within this state for the year ending on the thirtieth day of 42,531
April, OF EACH NATURAL GAS COMPANY FOR BUSINESS DONE WITHIN THIS 42,532
STATE QUARTERLY OR YEARLY AS PROVIDED IN SECTION 5727.25 OF THE 42,533
REVISED CODE, and of each telegraph and telephone company for 42,534
business done within this state for the year ending on the 42,535
thirtieth day of June.
(B) In ascertaining and determining the gross receipts of 42,537
each of the companies named in this section, the commissioner 42,538
shall exclude all of the following: 42,539
(1) All receipts derived wholly from interstate business; 42,541
(2) All receipts derived wholly from business done for or 42,543
with the federal government; 42,544
(3) For the year ending April 30, 1990, and each 42,546
subsequent year, all ALL receipts derived wholly from the 42,547
transmission or delivery of electricity to or for a rural 42,548
electric company, provided that the electricity that has been so 42,549
transmitted or delivered is for resale by the rural electric 42,550
company; 42,551
(4) All receipts from the sale of merchandise; 42,553
(5) All receipts from sales to other public utilities, 42,555
except railroad, telegraph, and telephone companies, for resale, 42,556
provided the other public utility is required to file a statement 42,557
pursuant to section 5727.31 of the Revised Code. 42,558
(C) In ascertaining and determining the gross receipts of 42,560
970
a telephone company, the commissioner shall exclude all of the 42,562
following: 42,563
(1) For the year ending June 30, 1988, and each subsequent 42,565
year, receipts RECEIPTS of amounts billed on behalf of other 42,566
entities; 42,567
(2) For the year ending June 30, 1988, and each subsequent 42,569
year, receipts RECEIPTS from sales to other telephone companies 42,570
for resale, as defined in division (G) of section 5727.32 of the 42,571
Revised Code; 42,572
(3) For the year ending June 30, 1990, and each subsequent 42,574
year, receipts RECEIPTS from incoming or outgoing wide area 42,575
transmission service or wide area transmission type service, 42,577
including eight hundred or eight-hundred-type service; 42,578
(4) For the year ending June 30, 1990, and each subsequent 42,580
year, receipts RECEIPTS from private communications service as 42,581
described in division (AA)(2) of section 5739.01 of the Revised 42,583
Code;
(5) For the year ending June 30, 1990, and each subsequent 42,585
year, receipts RECEIPTS from sales to providers of 42,586
telecommunications service for resale, as defined in division (G) 42,588
of section 5727.32 of the Revised Code. 42,589
(D) In ascertaining and determining the gross receipts of 42,591
an electric company, the commissioner shall exclude receipts 42,592
derived from the provision of electricity and other services to a 42,593
qualified former owner of the production facilities which THAT 42,594
generated the electricity from which those receipts were derived. 42,595
As used in this division, a "qualified former owner" means a 42,596
person who meets both of the following conditions: 42,597
(1) On or before October 11, 1991, the person had sold to 42,599
an electric company part of the production facility at which the 42,600
electricity is generated, and, for at least twenty years prior to 42,601
that sale, the facility was used to generate electricity, but it 42,602
was not owned in whole or in part during that period by an 42,603
electric company. 42,604
971
(2) At the time the electric company provided the 42,606
electricity or other services for which the exclusion is claimed, 42,607
the person, or a successor or assign of the person, owned not 42,608
less than a twenty per cent ownership of the production facility 42,609
and the rights to not less than twenty per cent of the production 42,610
of that facility. 42,611
(E) In ascertaining and determining the gross receipts of 42,613
a natural gas company, the commissioner shall exclude receipts of 42,614
amounts billed on behalf of other entities. Transportation and 42,615
billing and collection fees charged to other entities shall be 42,616
included in the gross receipts of a natural gas company. 42,617
The (F) IN ASCERTAINING AND DETERMINING THE GROSS RECEIPTS 42,620
OF A COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE TAX IMPOSED 42,621
BY SECTION 5727.30 OF THE REVISED CODE, THE COMMISSIONER SHALL 42,622
EXCLUDE ALL RECEIPTS DERIVED FROM OPERATING AS A NATURAL GAS 42,623
COMPANY THAT ARE SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF 42,624
THE REVISED CODE. 42,625
(G) EXCEPT AS PROVIDED IN DIVISION (H) OF THIS SECTION, 42,627
THE amount ascertained by the commissioner under this section, 42,629
less a deduction of twenty-five thousand dollars, shall be the 42,630
gross receipts of such companies for business done within this 42,631
state for that year.
(H) THE AMOUNT ASCERTAINED BY THE COMMISSIONER UNDER THIS 42,633
SECTION, LESS THE FOLLOWING DEDUCTION, SHALL BE THE GROSS 42,634
RECEIPTS OF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 42,636
COMPANY FOR BUSINESS DONE WITHIN THIS STATE:
(1) FOR A NATURAL GAS COMPANY THAT FILES QUARTERLY RETURNS 42,638
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, SIX 42,639
THOUSAND TWO HUNDRED FIFTY DOLLARS FOR EACH QUARTERLY RETURN; 42,641
(2) FOR A NATURAL GAS COMPANY THAT FILES AN ANNUAL RETURN 42,643
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, 42,644
TWENTY-FIVE THOUSAND DOLLARS FOR EACH ANNUAL RETURN; 42,646
(3) FOR A COMBINED ELECTRIC AND GAS COMPANY, TWENTY-FIVE 42,648
THOUSAND DOLLARS ON THE ANNUAL STATEMENT FILED UNDER SECTION 42,649
972
5727.31 OF THE REVISED CODE. A COMBINED ELECTRIC AND GAS COMPANY 42,650
SHALL NOT BE ENTITLED TO A DEDUCTION IN COMPUTING GROSS RECEIPTS 42,651
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 42,652
CODE.
Sec. 5727.38. On or before the first Monday of November, 42,662
annually, the tax commissioner shall assess an excise tax against 42,663
each public utility, except railroad companies AND NATURAL GAS 42,665
COMPANIES. The tax shall be computed by multiplying the gross 42,666
receipts as determined by the commissioner under section 5727.33 42,667
of the Revised Code by six and three-fourths per cent in the case 42,669
of pipe-line companies and four and three-fourths per cent in the 42,670
case of all other companies. The minimum tax for any such 42,671
company for owning property or doing business in this state shall 42,672
be ten dollars. The assessment shall be certified to the
taxpayer and treasurer of state. 42,673
Sec. 5727.42. (A) The treasurer of state shall maintain a 42,682
list of all excise taxes levied and payments made pursuant to 42,683
this chapter. The treasurer of state shall collect and the 42,684
taxpayer shall pay all taxes and any penalties thereon. Payments 42,685
OF THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED CODE may be 42,686
made by mail, in person, by electronic funds transfer if required 42,688
to do so by section 5727.311 of the Revised Code, or by any other 42,689
means authorized by the treasurer of state. The treasurer of 42,690
state may adopt rules concerning the methods and timeliness of 42,691
payment.
(B) Each tax bill issued pursuant to this section shall 42,693
separately reflect the taxes due, due date, and any other 42,694
information considered necessary. Except as otherwise provided 42,695
in division (F) of this section, the THE last day on which 42,696
payment may be made without penalty shall be at least twenty but 42,697
not more than thirty days from the date of mailing the tax bill. 42,698
The treasurer of state shall mail the tax bill, and the mailing 42,699
thereof shall be prima-facie evidence of receipt thereof by the 42,700
taxpayer. 42,701
973
(C) The treasurer of state shall refund taxes LEVIED AND 42,703
PAYMENTS MADE FOR THE TAX IMPOSED BY SECTION 5727.30 OF THE 42,704
REVISED CODE as provided in this section, but no refund shall be 42,705
made to a taxpayer having a delinquent claim certified pursuant 42,706
to this section that remains unpaid. The treasurer of state may 42,707
consult the attorney general regarding such claims. 42,708
(D) Within twenty days after receipt of any excise tax 42,710
assessment certified to him THE TREASURER OF STATE FOR THE TAX 42,711
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE, the treasurer of 42,713
state shall:
(1) Ascertain the difference between the total taxes shown 42,715
on such assessment and the sum of all advance ESTIMATED payments, 42,717
exclusive of any penalties thereon, previously made for that 42,718
year.
(2) If the difference is a deficiency, the treasurer of 42,720
state shall issue a tax bill. 42,721
(3) If the difference is an excess, the treasurer of state 42,723
shall certify the name of the taxpayer and the amount to be 42,724
refunded to the director of budget and management for payment to 42,725
the taxpayer. 42,726
If the taxpayer has a deficiency for one tax year and an 42,728
excess for another tax year, or any combination thereof for more 42,729
than two years, the treasurer of state may determine the net 42,730
result and, depending on such result, proceed to mail a tax bill 42,731
or certify a refund. 42,732
(E) If a taxpayer fails to pay all taxes on or before the 42,734
due date shown on the tax bill, or fails to make an advance 42,735
ESTIMATED payment on or before the due date prescribed in 42,737
division (B) of section 5727.31 of the Revised Code, but makes 42,738
payment within ten calendar days of such date, the treasurer of 42,739
state shall add a penalty equal to five per cent of the amount 42,740
that should have been timely paid. If payment is not made within 42,741
ten days of such date, the treasurer of state shall add a penalty 42,742
equal to fifteen per cent of the amount that should have been 42,743
974
timely paid. The treasurer of state shall prepare a delinquent 42,744
claim for each tax bill on which penalties were added and certify 42,745
such claims to the attorney general and tax commissioner. The 42,746
attorney general shall proceed to collect the delinquent taxes 42,747
and penalties thereon in the manner prescribed by law and notify 42,748
the treasurer of state and tax commissioner of all collections. 42,749
(F) The last day on which a natural gas company that is 42,751
not required to make payments under division (B) of section 42,752
5727.31 of the Revised Code may pay its taxes without penalty 42,753
shall be the fifteenth day of March of the year following the 42,754
year in which the commissioner is required to certify his 42,755
assessment of the company's tax under section 5727.38 of the 42,756
Revised Code. The tax due date shall be reflected on the tax 42,757
bill. 42,758
Sec. 5727.48. The tax commissioner, on application by a 42,768
public utility, may extend to the public utility a further 42,769
specified time, not to exceed sixty days, within which to file 42,770
any report or statement required by this chapter to be filed with 42,771
the commissioner, EXCEPT REPORTS REQUIRED BY SECTIONS 5727.24 TO 42,772
5727.29 OF THE REVISED CODE. A public utility must file such an
application, in writing, with the commissioner on or before the 42,773
date that the report or statement is otherwise required to be 42,774
filed.
Sec. 5727.50. If any public utility fails to make any 42,784
report to the tax commissioner required by law, or makes such 42,785
report and fails to report or reports erroneously any information 42,786
essential to the determination of any amount, value, proportion, 42,787
or other fact to be determined by the commissioner pursuant to 42,788
law, which is necessary for the fixing of any fee, tax, or
assessment, the commissioner shall determine such amount, value, 42,789
proportion, or other fact and shall certify the same as required 42,791
by law. Such power and duty of the commissioner shall extend 42,792
only to the five years next preceding the year in which such 42,794
inquiry is made. Upon the determination and certification by the
975
commissioner, a tax, fee, or assessment shall be charged for 42,795
collection from such public utility at the rate provided by law 42,796
for the years when such tax, fee, or assessment was omitted, or 42,797
erroneously charged so that the total tax, fee, or assessment 42,798
paid and to be paid for such years shall be in the full amount 42,799
chargeable to such public utility by law. Such charge shall be
without prejudice to the collection of any penalty authorized by 42,800
law.
THIS SECTION SHALL NOT APPLY TO SECTIONS 5727.24 TO 5727.29 42,802
OF THE REVISED CODE.
Sec. 5727.60. If a public utility required to file a 42,812
report with the tax commissioner by sections 5727.02 TO 5727.23 42,813
AND 5727.30 to 5727.62, inclusive, of the Revised Code, fails to 42,815
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 42,816
such report.
Sec. 5733.05. As used in this section, "qualified 42,825
research" means laboratory research, experimental research, and 42,826
other similar types of research; research in developing or 42,827
improving a product; or research in developing or improving the 42,828
means of producing a product. It does not include market 42,829
research, consumer surveys, efficiency surveys, management 42,830
studies, ordinary testing or inspection of materials or products 42,831
for quality control, historical research, or literary research. 42,832
"Product" as used in this paragraph does not include services or 42,833
intangible property. 42,834
The annual report determines the value of the issued and 42,837
outstanding shares of stock of the taxpayer, which under division 42,838
(A) or divisions (B) and (C) of this section is the base or 42,839
measure of the franchise tax liability. Such determination shall 42,840
be made as of the date shown by the report to have been the 42,841
beginning of the corporation's annual accounting period that 42,842
includes the first day of January of the tax year. For the 42,843
purposes of this chapter, the value of the issued and outstanding 42,845
976
shares of stock of any corporation that is a financial 42,847
institution shall be deemed to be the value as calculated in 42,849
accordance with division (A) of this section. For the purposes 42,851
of this chapter, the value of the issued and outstanding shares 42,852
of stock of any corporation that is not a financial institution 42,853
shall be deemed to be the values as calculated in accordance with 42,854
divisions (B) and (C) of this section. 42,855
(A) The total value, as shown by the books of the 42,857
financial institution, of its capital, surplus, whether earned or 42,859
unearned, undivided profits, and reserves shall be determined as 42,861
prescribed by section 5733.056 of the Revised Code for tax years 42,862
1998 and thereafter. 42,863
(B) The sum of the corporation's net income during the 42,865
corporation's taxable year, allocated or apportioned to this 42,867
state as prescribed in divisions (B)(1) and (2) of this section, 42,869
and subject to sections 5733.052, 5733.053, 5733.057, and 42,870
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 42,872
section 5733.051 of the Revised Code. 42,873
(2) The amount of Ohio apportioned net income from sources 42,875
other than those allocated under section 5733.051 of the Revised 42,876
Code, which shall be determined by multiplying the corporation's 42,877
net income by a fraction. The numerator of the fraction is the 42,879
sum of the following products: the property factor multiplied by 42,882
twenty, the payroll factor multiplied by twenty, and the sales 42,883
factor multiplied by sixty. The denominator of the fraction is 42,885
one hundred, provided that the denominator shall be reduced by 42,887
twenty if the property factor has a denominator of zero, by 42,889
twenty if the payroll factor has a denominator of zero, and by 42,890
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 42,892
determined as follows:
(a) The property factor is a fraction the numerator of 42,894
which is the average value of the corporation's real and tangible 42,895
977
personal property owned or rented, and used in the trade or 42,896
business in this state during the taxable year, and the 42,897
denominator of which is the average value of all the 42,898
corporation's real and tangible personal property owned or 42,899
rented, and used in the trade or business everywhere during such 42,900
year. There shall be excluded from the numerator and denominator 42,901
of the property factor the original cost of all of the following 42,902
property within Ohio: property with respect to which a 42,903
"pollution control facility" certificate has been issued pursuant 42,904
to section 5709.21 of the Revised Code; property with respect to 42,905
which an "industrial water pollution control certificate" has 42,906
been issued pursuant to section 6111.31 of the Revised Code; and 42,907
property used exclusively during the taxable year for qualified 42,908
research. 42,909
(i) Property owned by the corporation is valued at its 42,911
original cost. Property rented by the corporation is valued at 42,912
eight times the net annual rental rate. "Net annual rental rate" 42,913
means the annual rental rate paid by the corporation less any 42,914
annual rental rate received by the corporation from subrentals. 42,915
(ii) The average value of property shall be determined by 42,917
averaging the values at the beginning and the end of the taxable 42,918
year, but the tax commissioner may require the averaging of 42,919
monthly values during the taxable year, if reasonably required to 42,920
reflect properly the average value of the corporation's property. 42,921
(b) The payroll factor is a fraction the numerator of 42,923
which is the total amount paid in this state during the taxable 42,924
year by the corporation for compensation, and the denominator of 42,925
which is the total compensation paid everywhere by the 42,926
corporation during such year. There shall be excluded from the 42,927
numerator and the denominator of the payroll factor the total 42,928
compensation paid in this state to employees who are primarily 42,929
engaged in qualified research. 42,930
(i) Compensation means any form of remuneration paid to an 42,932
employee for personal services. 42,933
978
(ii) Compensation is paid in this state if: (1) the 42,935
recipient's service is performed entirely within this state, (2) 42,936
the recipient's service is performed both within and without this 42,937
state, but the service performed without this state is incidental 42,938
to the recipient's service within this state, (3) some of the 42,939
service is performed within this state and either the base of 42,940
operations, or if there is no base of operations, the place from 42,941
which the service is directed or controlled is within this state, 42,942
or the base of operations or the place from which the service is 42,943
directed or controlled is not in any state in which some part of 42,944
the service is performed, but the recipient's residence is in 42,945
this state. 42,946
(iii) Compensation is paid in this state to any employee 42,948
of a common or contract motor carrier corporation, who performs 42,949
the employee's regularly assigned duties on a motor vehicle in 42,951
more than one state, in the same ratio by which the mileage 42,952
traveled by such employee within the state bears to the total 42,953
mileage traveled by such employee everywhere during the taxable 42,954
year.
(c) The sales factor is a fraction the numerator of which 42,956
is the total sales in this state by the corporation during the 42,957
taxable year, and the denominator of which is the total sales by 42,958
the corporation everywhere during such year. In determining the 42,959
numerator and denominator of the sales factor, receipts from the 42,960
sale or other disposal of a capital asset or an asset described 42,961
in section 1231 of the Internal Revenue Code shall be eliminated. 42,962
Also, in determining the numerator and denominator of the sales 42,963
factor, in the case of a reporting corporation owning at least 42,964
eighty per cent of the issued and outstanding common stock of one 42,965
or more public utilities or insurance companies, or owning at 42,966
least twenty-five per cent of the issued and outstanding common 42,967
stock of one or more financial institutions, receipts received by 42,968
the reporting corporation from such utilities, insurance 42,969
companies, and financial institutions shall be eliminated. 42,970
979
For the purpose of this section and section 5733.03 of the 42,972
Revised Code, sales of tangible personal property are in this 42,973
state where such property is received in this state by the 42,974
purchaser. In the case of delivery of tangible personal property 42,975
by common carrier or by other means of transportation, the place 42,976
at which such property is ultimately received after all 42,977
transportation has been completed shall be considered as the 42,978
place at which such property is received by the purchaser. 42,979
Direct delivery in this state, other than for purposes of 42,980
transportation, to a person or firm designated by a purchaser 42,981
constitutes delivery to the purchaser in this state, and direct 42,982
delivery outside this state to a person or firm designated by a 42,983
purchaser does not constitute delivery to the purchaser in this 42,984
state, regardless of where title passes or other conditions of 42,985
sale. 42,986
Sales, other than sales of tangible personal property, are 42,988
in this state if either: 42,989
(i) The income-producing activity is performed solely in 42,991
this state; 42,992
(ii) The income-producing activity is performed both 42,994
within and without this state and a greater proportion of the 42,995
income-producing activity is performed within this state than in 42,997
any other state, based on costs of performance. 42,998
(d) If the allocation and apportionment provisions of 43,000
division (B) of this section do not fairly represent the extent 43,002
of the taxpayer's business activity in this state, the taxpayer 43,003
may request, which request must be in writing and must accompany 43,004
the report, timely filed petition for reassessment, or timely 43,005
filed amended report, or the tax commissioner may require, in 43,006
respect to all or any part of the taxpayer's allocated or 43,007
apportioned base, if reasonable, any one or more of the 43,008
following:
(i) Separate accounting; 43,010
(ii) The exclusion of any one or more of the factors; 43,012
980
(iii) The inclusion of one or more additional factors 43,014
which will fairly represent the taxpayer's allocated or 43,015
apportioned base in this state. 43,016
An alternative method will be effective only with approval 43,018
by the tax commissioner. 43,019
Nothing in this section shall be construed to extend any 43,021
statute of limitations set forth in this chapter. 43,022
(C)(1) Subject to divisions (C)(2) and (3) of this 43,025
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 43,026
book value of a corporation's assets less the net carrying value 43,028
of its liabilities, AND EXCLUDING FROM THE CORPORATION'S ASSETS 43,029
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS OF THE FIRST 43,030
MONDAY OF JUNE IN THE CORPORATION'S TAXABLE YEAR AS DETERMINED BY 43,031
THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE LAND IS LOCATED
PURSUANT TO SECTION 5713.31 OF THE REVISED CODE. For the 43,032
purposes of determining that total value, any reserves shown on 43,033
the corporation's books shall be considered liabilities or contra 43,034
assets except for any reserves that are deemed appropriations of 43,035
retained earnings under generally accepted accounting principles. 43,036
(2)(a) If, on the last day of the taxpayer's taxable year 43,039
preceding the tax year, the taxpayer is a related member to a 43,040
corporation that elects to be a qualifying holding company for 43,041
the tax year beginning after the last day of the taxpayer's 43,042
taxable year, or if, on the last day of the taxpayer's taxable 43,043
year preceding the tax year, a corporation that elects to be a 43,044
qualifying holding company for the tax year beginning after the 43,045
last day of the taxpayer's taxable year is a related member to 43,046
the taxpayer, then the taxpayer's total value shall be adjusted 43,047
by the qualifying amount. Except as otherwise provided under 43,048
division (C)(2)(b) of this section, "qualifying amount" means the 43,049
amount that, when added to the taxpayer's total value, and when 43,051
subtracted from the net carrying value of the taxpayer's 43,052
liabilities computed without regard to division (C)(2) of this 43,054
981
section, or when subtracted from the taxpayer's total value and 43,056
when added to the net carrying value of the taxpayer's 43,057
liabilities computed without regard to division (C)(2) of this 43,059
section, results in the taxpayer's debt-to-equity ratio equaling 43,060
the debt-to-equity ratio of the qualifying controlled group on 43,061
the last day of the taxable year ending prior to the first day of 43,062
the tax year computed on a consolidated basis in accordance with 43,064
general accepted accounting principles. For the purposes of 43,065
division (C)(2)(a) of this section, the corporation's total 43,066
value, after the adjustment required by that division, shall not 43,067
exceed the net book value of the corporation's assets. 43,068
(b)(i) The amount added to the taxpayer's total value and 43,071
subtracted from the net carrying value of the taxpayer's 43,072
liabilities shall not exceed the amount of the net carrying value 43,073
of the taxpayer's liabilities owed to the taxpayer's related 43,075
members.
(ii) A liability owed to the taxpayer's related members 43,077
includes, but is not limited to, any amount that the corporation 43,079
owes to a person that is not a related member if the 43,080
corporation's related member or related members in whole or in 43,081
part guarantee any portion or all of that amount, or pledge, 43,082
hypothecate, mortgage, or carry out any similar transactions to 43,083
secure any portion or all of that amount. 43,084
(3) The base upon which the tax is levied under division 43,086
(C) of section 5733.06 of the Revised Code shall be computed by 43,088
multiplying the amount determined under divisions (C)(1) and (2) 43,090
of this section by the fraction determined under divisions 43,091
(B)(2)(a) to (c) of this section and, if applicable, divisions 43,094
(B)(2)(d)(ii) to (iv) of this section but without regard to 43,096
section 5733.052 of the Revised Code. 43,097
(4) For purposes of division (C) of this section, "related 43,101
member" has the same meaning as in division (A)(6) of section 43,102
5733.042 of the Revised Code without regard to division (B) of 43,103
that section.
982
Sec. 5733.16. For the purposes of sections 5727.38 5727.24 43,112
to 5727.62 of the Revised Code and this chapter, domestic 43,114
corporations are deemed organized upon the filing of articles of 43,115
incorporation in the office of the secretary of state, and 43,116
foreign corporations are deemed admitted to do business in this 43,117
state when the statement for admission has been filed with the 43,118
secretary of state or a certificate of compliance with the laws 43,119
of this state has been obtained from him THE SECRETARY OF STATE. 43,120
Each domestic corporation shall be required to file its first 43,121
report and pay the tax in and for the calendar year immediately 43,122
succeeding the date of its organization, and each foreign 43,123
corporation shall similarly report and pay in and for the 43,124
calendar year immediately succeeding its admission. Failure on 43,125
the part of any foreign corporation for profit and any foreign 43,126
corporation not for profit referred to in section 5733.01 of the 43,127
Revised Code to proceed according to law to obtain from the 43,128
secretary of state proper authority to do business or to own or 43,129
use property in this state shall not excuse such corporation from 43,130
liability to make proper excise or franchise tax report or return 43,131
or pay a proper excise or franchise tax or penalty, if such 43,132
liability would have attached had such proper authority been 43,133
obtained.
Sec. 5733.33. (A) As used in this section: 43,142
(1) "Manufacturing machinery and equipment" means engines 43,144
and machinery, and tools and implements, of every kind used, or 43,145
designed to be used, in refining and manufacturing. 43,146
(2) "New manufacturing machinery and equipment" means 43,148
manufacturing machinery and equipment, the original use in this 43,149
state of which commences with the taxpayer or with a partnership 43,150
of which the taxpayer is a partner. 43,151
(3)(a) "Purchase" has the same meaning as in section 43,153
179(d)(2) of the Internal Revenue Code. 43,154
(b) Any purchase, for FOR purposes of this section, ANY 43,156
PROPERTY THAT IS NOT MANUFACTURED OR ASSEMBLED PRIMARILY BY THE 43,157
983
TAXPAYER is considered to occur PURCHASED at the time the 43,159
agreement to acquire the property to be purchased becomes 43,161
binding. ANY PROPERTY THAT IS MANUFACTURED OR ASSEMBLED 43,162
PRIMARILY BY THE TAXPAYER IS CONSIDERED PURCHASED AT THE TIME THE 43,163
TAXPAYER PLACES THE PROPERTY IN SERVICE IN THE COUNTY FOR WHICH
THE TAXPAYER WILL CALCULATE THE COUNTY EXCESS AMOUNT. 43,164
(c) Notwithstanding section 179(d) of the Internal Revenue 43,166
Code, a taxpayer's direct or indirect acquisition of new 43,167
manufacturing machinery and equipment is not purchased on or 43,168
after July 1, 1995, if the taxpayer, or a person whose 43,169
relationship to the taxpayer is described in subparagraphs (A), 43,170
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 43,171
had directly or indirectly entered into a binding agreement to 43,172
acquire the property at any time prior to July 1, 1995. 43,173
(4) "Qualifying period" means the period that begins July 43,175
1, 1995, and ends December 31, 2000 2005. 43,176
(5) "County average new manufacturing machinery and 43,178
equipment investment" means either of the following: 43,179
(a) The average annual cost of new manufacturing machinery 43,182
and equipment purchased for use in the county during baseline 43,183
years, in the case of a taxpayer or partnership that was in 43,184
existence for more than one year during baseline years. 43,185
(b) Zero, in the case of a taxpayer or partnership that 43,187
was not in existence for more than one year during baseline 43,188
years. 43,189
(6) "Partnership" includes a limited liability company 43,192
formed under Chapter 1705. of the Revised Code or under the laws 43,194
of any other state, provided that the company is not classified 43,195
for federal income tax purposes as an association taxable as a 43,196
corporation. 43,197
(7) "Partner" includes a member of a limited liability 43,199
company formed under Chapter 1705. of the Revised Code or under 43,201
the laws of any other state, provided that the company is not 43,202
classified for federal income tax purposes as an association 43,203
984
taxable as a corporation. 43,204
(8) "Distressed area" means either a municipal corporation 43,206
that has a population of at least fifty thousand or a county that 43,208
meets two of the following criteria of economic distress, or a 43,209
municipal corporation the majority of the population of which is 43,210
situated in such a county:
(a) Its average rate of unemployment, during the most 43,213
recent five-year period for which data are available, is equal to 43,214
at least one hundred twenty-five per cent of the average rate of 43,215
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 43,218
per cent of the median county per capita income of the United 43,219
States as determined by the most recently available figures from 43,220
the United States census bureau; 43,221
(c)(i) In the case of a municipal corporation, at least 43,224
twenty per cent of the residents have a total income for the most 43,225
recent census year that is below the official poverty line; 43,226
(ii) In the case of a county, in intercensal years, the 43,229
county has a ratio of transfer payment income to total county 43,230
income equal to or greater than twenty-five per cent. 43,231
(9) "Eligible area" means a distressed area, a labor 43,233
surplus area, an inner city area, or a situational distress area. 43,235
(10) "Inner city area" means, in a municipal corporation 43,237
that has a population of at least one hundred thousand and does 43,238
not meet the criteria of a labor surplus area or a distressed 43,239
area, targeted investment areas established by the municipal 43,240
corporation within its boundaries that are comprised of the most 43,241
recent census block tracts that individually have at least twenty 43,242
per cent of their population at or below the state poverty level 43,243
or other census block tracts contiguous to such census block 43,244
tracts.
(11) "Labor surplus area" means an area designated as a 43,246
labor surplus area by the United States department of labor. 43,248
(12) "Official poverty line" has the same meaning as in 43,250
985
division (A) of section 3923.51 of the Revised Code. 43,251
(13) "Situational distress area" means a county or a 43,253
municipal corporation that has experienced or is experiencing a 43,254
closing or downsizing of a major employer, that will adversely 43,255
affect the county's or municipal corporation's economy. In order 43,257
to be designated as a situational distress area for a period not 43,258
to exceed thirty-six months, the county or municipal corporation 43,259
may petition the director of development. The petition shall 43,260
include written documentation that demonstrates all of the 43,261
following adverse effects on the local economy: 43,262
(a) The number of jobs lost by the closing or downsizing; 43,264
(b) The impact that the job loss has on the county's or 43,267
municipal corporation's unemployment rate as measured by the Ohio 43,268
bureau of employment services; 43,269
(c) The annual payroll associated with the job loss; 43,271
(d) The amount of state and local taxes associated with 43,273
the job loss;
(e) The impact that the closing or downsizing has on the 43,275
suppliers located in the county or municipal corporation. 43,276
(14) "Cost" has the same meaning and limitation as in 43,278
section 179(d)(3) of the Internal Revenue Code. 43,279
(15) "Baseline years" means: 43,281
(a) Calendar years 1992, 1993, and 1994, with regard to a 43,283
credit claimed for the purchase during calendar year 1995, 1996, 43,284
1997, or 1998 of new manufacturing machinery and equipment; 43,285
(b) Calendar years 1993, 1994, and 1995, with regard to a 43,287
credit claimed for the purchase during calendar year 1999 of new 43,288
manufacturing machinery and equipment; 43,289
(c) Calendar years 1994, 1995, and 1996, with regard to a 43,291
credit claimed for the purchase during calendar year 2000 of new 43,292
manufacturing machinery and equipment; 43,293
(d) CALENDAR YEARS 1995, 1996, AND 1997, WITH REGARD TO A 43,295
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2001 OF NEW 43,296
MANUFACTURING MACHINERY AND EQUIPMENT; 43,297
986
(e) CALENDAR YEARS 1996, 1997, AND 1998, WITH REGARD TO A 43,299
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2002 OF NEW 43,300
MANUFACTURING MACHINERY AND EQUIPMENT; 43,301
(f) CALENDAR YEARS 1997, 1998, AND 1999, WITH REGARD TO A 43,303
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2003 OF NEW 43,304
MANUFACTURING MACHINERY AND EQUIPMENT; 43,305
(g) CALENDAR YEARS 1998, 1999, AND 2000, WITH REGARD TO A 43,307
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2004 OF NEW 43,308
MANUFACTURING MACHINERY AND EQUIPMENT; 43,309
(h) CALENDAR YEARS 1999, 2000, AND 2001, WITH REGARD TO A 43,311
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2005 OF NEW 43,312
MANUFACTURING MACHINERY AND EQUIPMENT; 43,313
(16) "RELATED MEMBER" HAS THE SAME MEANING AS IN SECTION 43,315
5733.042 OF THE REVISED CODE.
(B)(1) A SUBJECT TO DIVISION (I) OF THIS SECTION, A 43,317
nonrefundable credit is allowed against the tax imposed by 43,319
section 5733.06 of the Revised Code for a taxpayer that purchases 43,320
new manufacturing machinery and equipment during the qualifying 43,321
period, provided that the new manufacturing machinery and 43,322
equipment are installed in this state no later than December 31, 43,324
2001 2006.
(2) The credit is also available to a taxpayer that is a 43,326
partner in a partnership that purchases new manufacturing 43,327
machinery and equipment during the qualifying period, provided 43,328
that the partnership installs the new manufacturing machinery and 43,329
equipment in this state no later than December 31, 2001 2006. 43,330
The taxpayer shall determine the credit amount as provided in 43,332
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 43,334
of this section, a credit may be claimed under this section in 43,335
excess of one million dollars only if the cost of all 43,336
manufacturing machinery and equipment owned in this state by the 43,337
taxpayer claiming the credit on the last day of the calendar year 43,338
exceeds the cost of all manufacturing machinery and equipment 43,339
987
owned in this state by the taxpayer on the first day of that 43,340
calendar year.
As used in division (B)(3)(a) of this section, "calendar 43,343
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 43,344
(b) Division (B)(3)(a) of this section does not apply if 43,347
the taxpayer claiming the credit applies for and is issued a 43,348
waiver of the requirement of that division. A taxpayer may apply 43,349
to the director of the department of development for such a 43,350
waiver in the manner prescribed by the director, and the director 43,351
may issue such a waiver if the director determines that granting 43,352
the credit is necessary to increase or retain employees in this 43,354
state, and that the credit has not caused relocation of 43,355
manufacturing machinery and equipment among counties within this 43,356
state for the primary purpose of qualifying for the credit. 43,357
(C)(1) Except as otherwise provided in division (C)(2) AND 43,360
DIVISION (I) of this section, the credit amount is equal to seven 43,361
and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 43,363
calendar year for use in a county over the county average new 43,364
manufacturing machinery and equipment investment for that county. 43,365
(2) As SUBJECT TO DIVISION (I) OF THIS SECTION, AS used in 43,368
division (C)(2) of this section, "county excess" means the 43,369
taxpayer's excess cost for a county as computed under division 43,370
(C)(1) of this section.
For SUBJECT TO DIVISION (I) OF THIS SECTION, a taxpayer 43,373
with a county excess, whose purchases included purchases for use 43,374
in any eligible area in the county, the credit amount is equal to 43,375
thirteen and one-half per cent of the cost of the new 43,376
manufacturing machinery and equipment purchased during the 43,377
calendar year for use in the eligible areas in the county, 43,378
provided that the cost subject to the thirteen and one-half per 43,379
cent rate shall not exceed the county excess. If the county 43,380
excess is greater than the cost of the new manufacturing 43,381
988
machinery and equipment purchased during the calendar year for 43,383
use in eligible areas in the county, the credit amount also shall 43,384
include an amount equal to seven and one-half per cent of the 43,385
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 43,387
manufacturing machinery and equipment in more than one county or 43,388
eligible area, it shall aggregate the amount of those credits 43,389
each year.
(4) The taxpayer shall claim one-seventh of the credit 43,391
amount for the tax year immediately following the calendar year 43,392
in which the new manufacturing machinery and equipment is 43,393
purchased for use in the county by the taxpayer or partnership. 43,395
One-seventh of the taxpayer credit amount is allowed for each of 43,396
the six ensuing tax years. Except for carried-forward amounts, 43,397
the taxpayer is not allowed any credit amount remaining if the 43,398
new manufacturing machinery and equipment is sold by the taxpayer 43,400
or partnership or is transferred by the taxpayer or partnership 43,401
out of the county before the end of the seven-year period UNLESS, 43,402
AT THE TIME OF THE SALE OR TRANSFER, THE NEW MANUFACTURING
MACHINERY AND EQUIPMENT HAS BEEN FULLY DEPRECIATED FOR FEDERAL 43,403
INCOME TAX PURPOSES. 43,404
(5)(a) A taxpayer that acquires manufacturing machinery 43,406
and equipment as a result of a merger with the taxpayer with whom 43,408
commenced the original use in this state of the manufacturing 43,409
machinery and equipment, or with a taxpayer that was a partner in 43,410
a partnership with whom commenced the original use in this state 43,411
of the manufacturing machinery and equipment, is entitled to any 43,412
remaining or carried-forward credit amounts to which the taxpayer 43,413
was entitled.
(b) A taxpayer that enters into an agreement under 43,415
division (C)(3) of section 5709.62 of the Revised Code and that 43,416
acquires manufacturing machinery or equipment as a result of 43,418
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 43,419
989
commenced the original use in this state of the manufacturing 43,421
machinery or equipment, and that operates the large manufacturing 43,422
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 43,423
sold the facility would have been entitled under this section had 43,425
the other taxpayer not sold the manufacturing facility or 43,426
equipment.
(c) New manufacturing machinery and equipment is not 43,429
considered sold if a pass-through entity transfers to another 43,430
pass-through entity substantially all of its assets as part of a 43,431
plan of reorganization under which substantially all gain and 43,432
loss is not recognized by the pass-through entity that is 43,433
transferring the new manufacturing machinery and equipment to the 43,434
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 43,435
in part, by reference to the basis of the pass-through entity 43,436
which transferred the new manufacturing machinery and equipment 43,437
to the transferee. 43,438
(d) Division (C)(5) of this section shall apply only if 43,440
the acquiring taxpayer or transferee does not sell the new 43,442
manufacturing machinery and equipment or transfer the new 43,443
manufacturing machinery and equipment out of the county before 43,444
the end of the seven-year period to which division (C)(4) of this 43,445
section refers.
(e) Division (C)(5)(b) of this section applies only to the 43,448
extent that the taxpayer that sold the manufacturing machinery or 43,449
equipment, upon request, timely provides to the tax commissioner 43,450
any information that the tax commissioner considers to be 43,451
necessary to ascertain any remaining or carried-forward amounts 43,452
to which the taxpayer that sold the facility would have been 43,453
entitled under this section had the taxpayer not sold the 43,454
manufacturing machinery or equipment. Nothing in division 43,455
(C)(5)(b) or (e) of this section shall be construed to allow a 43,457
taxpayer to claim any credit amount with respect to the acquired 43,458
990
manufacturing machinery or equipment that is greater than the 43,459
amount that would have been available to the other taxpayer that 43,460
sold the manufacturing machinery or equipment had the other 43,461
taxpayer not sold the manufacturing machinery or equipment. 43,462
(D) The taxpayer shall claim the credit in the order 43,465
required under section 5733.98 of the Revised Code. Each year, 43,466
any credit amount in excess of the tax due under section 5733.06 43,467
of the Revised Code after allowing for any other credits that 43,469
precede the credit under this section in that order may be 43,470
carried forward for three tax years. 43,471
(E) A taxpayer purchasing new manufacturing machinery and 43,474
equipment and intending to claim the credit shall file, with the 43,475
department of development, a notice of intent to claim the credit 43,476
on a form prescribed by the department of development. The 43,477
department of development shall inform the tax commissioner of 43,478
the notice of intent to claim the credit. 43,479
(F) The director of development shall annually certify, by 43,482
the first day of January of each year during the qualifying 43,483
period, the eligible areas for the tax credit for the calendar 43,484
year that includes that first day of January. The director shall 43,485
send a copy of the certification to the tax commissioner. 43,486
(G) New manufacturing machinery and equipment for which a 43,488
taxpayer claims the credit under section 5733.31, 5733.311, 43,490
5747.26, or 5747.261 of the Revised Code shall not be considered 43,492
new manufacturing machinery and equipment for purposes of the 43,493
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 43,495
partnership, the county average new manufacturing machinery and 43,496
equipment investment shall be determined based on the number of 43,497
years, if any, the partnership was in existence during baseline 43,498
years. In determining the county average new manufacturing 43,499
machinery and equipment investment, the excess of the cost of new 43,500
manufacturing machinery and equipment purchased during the 43,501
calendar year, and all other amounts necessary to calculate the
991
credit allowed by this section, the taxpayer shall include the 43,502
taxpayer's distributive PROPORTIONATE share of the cost of new 43,503
manufacturing machinery and equipment purchased by a partnership 43,505
in which the corporation had a direct or indirect investment 43,506
during the calendar year prior to the first day of a tax year for 43,507
which the taxpayer is claiming the credit. These determinations 43,508
and calculations shall be made for the taxpayer's calendar year 43,509
during which the partnership made the purchase. 43,510
(2) Nothing in this section shall be construed to limit or 43,512
disallow pass-through treatment of a pass-through entity's 43,513
income, deductions, credits, or other amounts necessary to 43,514
compute the tax imposed by section 5733.06 of the Revised Code 43,515
and the credits allowed by this chapter. 43,516
(I) IN THE CASE OF A TAXPAYER HAVING A RELATED MEMBER OR A 43,518
GROUP OF TAXPAYERS HAVING A RELATED MEMBER, THE CREDIT AVAILABLE 43,519
UNDER THIS SECTION TO THE TAXPAYER OR GROUP OF TAXPAYERS SHALL BE 43,520
COMPUTED AS IF THE TAXPAYER OR ALL TAXPAYERS OF THE GROUP AND ALL 43,521
SUCH RELATED MEMBERS WERE A CONSOLIDATED, SINGLE TAXPAYER. THE 43,522
CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYER OR TO SUCH GROUP OF 43,523
TAXPAYERS IN ANY AMOUNT ELECTED FOR THE TAXABLE YEAR BY THE
TAXPAYER OR GROUP. SUCH ELECTION SHALL BE REVOCABLE AND 43,524
AMENDABLE DURING THE PERIOD DESCRIBED IN DIVISION (B) OF SECTION 43,525
5733.12 OF THE REVISED CODE WITH RESPECT TO THE TAX IMPOSED BY 43,526
SECTION 5733.06 OF THE REVISED CODE AND THE PERIOD DESCRIBED IN
DIVISION (B) OF SECTION 5747.11 OF THE REVISED CODE WITH RESPECT 43,527
TO THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 43,528
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO TREAT AS A PURCHASE 43,529
THE ACQUISITION OF NEW MANUFACTURING MACHINERY AND EQUIPMENT IF
SUCH PURCHASE WOULD NOT QUALIFY AS A PURCHASE OF NEW 43,531
MANUFACTURING MACHINERY AND EQUIPMENT WITHOUT REGARD TO THE
CONSOLIDATION REQUIREMENT SET FORTH IN THIS SECTION. 43,532
Sec. 5733.351. (A) AS USED IN THIS SECTION, "QUALIFIED 43,534
RESEARCH EXPENSES" HAS THE SAME MEANING AS IN SECTION 41 OF THE 43,535
INTERNAL REVENUE CODE. 43,536
992
(B) A NONREFUNDABLE CREDIT IS ALLOWED AGAINST THE TAX 43,538
IMPOSED BY SECTION 5733.06 OF THE REVISED CODE FOR EACH TAXABLE 43,539
YEAR. THE CREDIT SHALL EQUAL SEVEN PER CENT OF THE EXCESS OF 43,540
QUALIFIED RESEARCH EXPENSES INCURRED IN THIS STATE BY THE 43,542
TAXPAYER FOR THE TAXABLE YEAR OVER THE TAXPAYER'S AVERAGE ANNUAL 43,543
QUALIFIED RESEARCH EXPENSES INCURRED IN THIS STATE FOR THE THREE 43,544
PRECEDING TAXABLE YEARS. THE TAXPAYER SHALL CLAIM THE CREDIT IN 43,545
THE ORDER REQUIRED UNDER SECTION 5733.98 OF THE REVISED CODE. 43,546
ANY CREDIT AMOUNT IN EXCESS OF THE TAX DUE UNDER SECTION 5733.06 43,547
OF THE REVISED CODE, AFTER ALLOWING FOR ANY OTHER CREDITS THAT 43,548
PRECEDE THE CREDIT UNDER THIS SECTION IN THE ORDER REQUIRED UNDER 43,549
SECTION 5733.98 OF THE REVISED CODE, MAY BE CARRIED FORWARD FOR 43,550
SEVEN TAXABLE YEARS, BUT THE AMOUNT OF THE EXCESS CREDIT ALLOWED 43,551
IN ANY SUCH YEAR SHALL BE DEDUCTED FROM THE BALANCE CARRIED
FORWARD TO THE NEXT YEAR. 43,552
Sec. 5733.39. (A) AS USED IN THIS SECTION: 43,554
(1) "RAILROAD COMPANY" MEANS A RAILROAD AS DEFINED IN 43,556
SECTION 4907.02 OF THE REVISED CODE THAT IS SUBJECT TO THE TAX 43,557
IMPOSED BY SECTION 5733.06 OF THE REVISED CODE. 43,558
(2) "ACTIVE GRADE CROSSING WARNING DEVICE" MEANS SIGNS, 43,560
SIGNALS, GATES, OR OTHER PROTECTIVE DEVICES ERECTED OR INSTALLED 43,561
AT A PUBLIC HIGHWAY-RAILWAY CROSSING AT COMMON GRADE AND 43,562
ACTIVATED BY AN ELECTRICAL CIRCUIT. 43,563
(3) "ANNUAL MAINTENANCE EXPENDITURES" MEANS EXPENDITURES 43,565
MADE BY A RAILROAD COMPANY TO MAINTAIN ACTIVE GRADE CROSSING 43,566
WARNING DEVICES.
(B) THERE IS HEREBY GRANTED TO RAILROAD COMPANIES A CREDIT 43,568
AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED CODE 43,569
FOR THE MAINTENANCE OF ACTIVE GRADE CROSSING WARNING DEVICES. 43,570
THE CREDIT SHALL EQUAL TEN PER CENT OF THE SUM OF THE ANNUAL 43,572
MAINTENANCE EXPENDITURES FOR EACH ACTIVE GRADE CROSSING WARNING 43,573
DEVICE FOR WHICH SUCH EXPENDITURES WERE MADE DURING THE TAXABLE 43,575
YEAR, NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH DEVICE FOR WHICH 43,576
SUCH EXPENDITURES WERE MADE DURING THE TAXABLE YEAR. THE CREDIT 43,577
993
SHALL BE CLAIMED IN THE ORDER PRESCRIBED BY SECTION 5733.98 OF 43,579
THE REVISED CODE. THE CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX 43,580
OTHERWISE DUE UNDER SECTION 5733.06 OF THE REVISED CODE AFTER
DEDUCTING ANY OTHER CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER 43,581
THIS SECTION IN THAT ORDER. 43,582
(C) A RAILROAD COMPANY CLAIMING THE CREDIT UNDER THIS 43,584
SECTION SHALL COMPILE RECORDS OF THE ANNUAL MAINTENANCE 43,585
EXPENDITURES FOR WHICH THE CREDIT WAS CLAIMED AND SHALL KEEP 43,586
THOSE RECORDS FOR A PERIOD OF FOUR YEARS FOLLOWING THE END OF THE 43,587
TAX YEAR FOR WHICH THE CREDIT IS CLAIMED. THE RECORDS SHALL BE 43,588
OPEN TO INSPECTION TO THE TAX COMMISSIONER UPON THE TAX 43,589
COMMISSIONER'S REQUEST.
Sec. 5733.42. (A) AS USED IN THIS SECTION: 43,591
(1) "ELIGIBLE TRAINING PROGRAM" MEANS A PROGRAM TO PROVIDE 43,593
JOB SKILLS TO ELIGIBLE EMPLOYEES WHO ARE UNABLE EFFECTIVELY TO 43,594
FUNCTION ON THE JOB DUE TO SKILL DEFICIENCIES OR WHO WOULD 43,595
OTHERWISE BE DISPLACED BECAUSE OF THEIR SKILL DEFICIENCIES OR 43,596
INABILITY TO USE NEW TECHNOLOGY. ELIGIBLE TRAINING PROGRAMS DO 43,597
NOT INCLUDE EXECUTIVE, MANAGEMENT, CAREER DEVELOPMENT, OR 43,598
PERSONAL ENRICHMENT TRAINING PROGRAMS. 43,599
(2) "ELIGIBLE EMPLOYEE" MEANS AN OHIO RESIDENT WHO IS 43,601
EMPLOYED AND HAS BEEN EMPLOYED WITH THE SAME EMPLOYER FOR AT 43,602
LEAST ONE HUNDRED EIGHTY CONSECUTIVE DAYS AND ON THE SAME JOB FOR 43,603
AT LEAST NINETY CONSECUTIVE DAYS WORKING AT LEAST TWENTY-FOUR 43,604
HOURS PER WEEK. ELIGIBLE EMPLOYEES DO NOT INCLUDE EXECUTIVE OR 43,605
MANAGERIAL PERSONNEL EXCEPT FOR THE IMMEDIATE SUPERVISORS OF 43,606
NONEXECUTIVE, NONMANAGERIAL PERSONNEL. 43,607
(3) "ELIGIBLE TRAINING COSTS" MEANS: 43,609
(a) DIRECT INSTRUCTIONAL COSTS, SUCH AS INSTRUCTOR 43,611
SALARIES, MATERIALS AND SUPPLIES, TEXTBOOKS AND MANUALS, 43,613
VIDEOTAPES, AND OTHER INSTRUCTIONAL MEDIA AND TRAINING EQUIPMENT 43,614
USED EXCLUSIVELY FOR THE PURPOSE OF TRAINING EMPLOYEES; 43,615
(b) EMPLOYEE WAGES PAID FOR TIME DEVOTED EXCLUSIVELY TO 43,617
TRAINING DURING NORMAL PAID WORKING HOURS. 43,619
994
(B) THE TAX COMMISSIONER SHALL MAKE GRANTS UNDER THIS 43,621
SECTION TO FOSTER JOB TRAINING IN THIS STATE. ANY SUCH GRANT 43,622
SHALL TAKE THE FORM OF A NONREFUNDABLE CREDIT ALLOWED AGAINST THE
TAX IMPOSED BY SECTION 5733.06 OF THE REVISED CODE. THE CREDIT 43,623
SHALL BE CLAIMED FOR THE TAXABLE YEAR SPECIFIED IN THE TAXPAYER'S 43,624
APPLICATION TO THE TAX COMMISSIONER UNDER DIVISION (C) OF THIS 43,625
SECTION. THE AMOUNT OF THE CREDIT SHALL EQUAL ONE-HALF OF THE 43,626
EXCESS OF ELIGIBLE TRAINING COSTS OVER THE TAXPAYER'S AVERAGE 43,627
ANNUAL ELIGIBLE TRAINING COSTS FOR THE THREE PRECEDING TAXABLE 43,628
YEARS. THE CREDIT SHALL NOT EXCEED FIVE HUNDRED DOLLARS TIMES 43,629
THE NUMBER OF EMPLOYEES TRAINED AND SHALL NOT EXCEED THE LESSER 43,630
OF ONE HUNDRED THOUSAND DOLLARS OR ONE-HALF OF THE TAXPAYER'S TAX 43,631
LIABILITY UNDER SECTION 5733.06 OF THE REVISED CODE. 43,632
(C) A TAXPAYER WHO PROPOSES TO CONDUCT AN ELIGIBLE 43,634
TRAINING PROGRAM MAY APPLY TO THE TAX COMMISSIONER FOR A TAX 43,635
CREDIT UNDER THIS SECTION. THE TAX COMMISSIONER SHALL PRESCRIBE 43,636
THE FORM OF THE APPLICATION, WHICH SHALL REQUIRE A DETAILED 43,637
DESCRIPTION OF THE PROPOSED TRAINING PROGRAM. AFTER RECEIPT OF 43,638
AN APPLICATION, THE TAX COMMISSIONER SHALL AUTHORIZE A CREDIT 43,639
UNDER THIS SECTION IF THE TAX COMMISSIONER DETERMINES ALL OF THE 43,640
FOLLOWING:
(1) THE TAXPAYER'S PRIMARY BUSINESS ACTIVITY FALLS WITHIN 43,642
ONE OF THE FOLLOWING CLASSIFICATIONS IN THE STANDARD INDUSTRIAL 43,644
CLASSIFICATION MANUAL (1987) PUBLISHED BY THE UNITED STATES 43,646
OFFICE OF MANAGEMENT AND BUDGET IN THE EXECUTIVE OFFICE OF THE 43,648
PRESIDENT:
(a) DIVISION D MANUFACTURING 43,651
(b) DIVISION H FINANCE, INSURANCE, AND REAL 43,653
ESTATE
(c) MAJOR GROUP 73 BUSINESS SERVICES 43,655
(d) MAJOR GROUP 81 LEGAL SERVICES 43,657
(e) MAJOR GROUP 87 ENGINEERING, ACCOUNTING, 43,659
RESEARCH, MANAGEMENT, AND 43,660
RELATED SERVICES
995
(2) THE PROPOSED TRAINING PROGRAM IS AN ELIGIBLE TRAINING 43,663
PROGRAM UNDER THIS SECTION; 43,664
(3) THE PROPOSED TRAINING PROGRAM IS ECONOMICALLY SOUND 43,666
AND WILL BENEFIT THE PEOPLE OF THIS STATE BY IMPROVING WORKFORCE 43,667
SKILLS AND STRENGTHENING THE ECONOMY OF THIS STATE; 43,668
(4) RECEIVING THE TAX CREDIT IS A MAJOR FACTOR IN THE 43,670
TAXPAYER'S DECISION TO GO FORWARD WITH THE TRAINING PROGRAM; 43,671
(5) AUTHORIZATION OF THE CREDIT IS CONSISTENT WITH 43,673
DIVISION (H) OF THIS SECTION. 43,674
(D) IF THE TAX COMMISSIONER DETERMINES THAT AN AUTHORIZED 43,676
TRAINING PROGRAM, AS ACTUALLY CONDUCTED, FAILS TO MEET THE 43,677
REQUIREMENTS OF THIS SECTION OR TO COMPLY WITH ANY CONDITION SET 43,678
FORTH IN THE AUTHORIZATION, THE TAX COMMISSIONER MAY REDUCE THE 43,679
AMOUNT OF THE TAX CREDIT. 43,680
(E) FINANCIAL STATEMENTS AND OTHER INFORMATION SUBMITTED 43,682
TO THE TAX COMMISSIONER BY AN APPLICANT FOR A TAX CREDIT UNDER 43,683
THIS SECTION, AND ANY INFORMATION TAKEN FOR ANY PURPOSE FROM SUCH 43,684
STATEMENTS OR INFORMATION, ARE NOT PUBLIC RECORDS SUBJECT TO 43,685
SECTION 149.43 OF THE REVISED CODE. HOWEVER, THE TAX 43,686
COMMISSIONER MAY MAKE USE OF THE STATEMENTS AND OTHER INFORMATION 43,688
FOR PURPOSES OF ISSUING PUBLIC REPORTS OR IN CONNECTION WITH 43,689
COURT PROCEEDINGS CONCERNING TAX CREDITS UNDER THIS SECTION. 43,690
(F) THE TAX COMMISSIONER, IN ACCORDANCE WITH CHAPTER 119. 43,694
OF THE REVISED CODE, SHALL ADOPT RULES NECESSARY TO IMPLEMENT 43,695
THIS SECTION. AT THE TIME THE TAX COMMISSIONER GIVES PUBLIC 43,696
NOTICE UNDER DIVISION (A) OF SECTION 119.03 OF THE REVISED CODE 43,698
OF THE ADOPTION OF THE RULES, THE TAX COMMISSIONER SHALL SUBMIT 43,699
COPIES OF THE PROPOSED RULES TO THE CHAIRPERSONS AND RANKING 43,700
MINORITY MEMBERS OF THE STANDING COMMITTEES IN THE SENATE AND THE 43,702
HOUSE OF REPRESENTATIVES TO WHICH LEGISLATION ON ECONOMIC
DEVELOPMENT MATTERS ARE CUSTOMARILY REFERRED. 43,703
(G) ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH EACH YEAR, 43,706
THE TAX COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE 43,707
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF 43,708
996
REPRESENTATIVES ON THE TAX CREDIT PROGRAM UNDER THIS SECTION. 43,709
THE REPORT SHALL INCLUDE INFORMATION ON THE NUMBER OF TRAINING 43,710
PROGRAMS THAT WERE AUTHORIZED UNDER THIS SECTION DURING THE 43,711
PRECEDING CALENDAR YEAR, A DESCRIPTION OF EACH AUTHORIZED 43,712
TRAINING PROGRAM, THE DOLLAR AMOUNTS OF THE CREDITS GRANTED, AND 43,713
AN ESTIMATE OF THE IMPACT OF THE CREDITS ON THE ECONOMY OF THIS 43,714
STATE.
(H) THE AGGREGATE AMOUNT OF CREDITS AUTHORIZED UNDER THE 43,716
SECTION SHALL NOT EXCEED TWENTY MILLION DOLLARS PER CALENDAR 43,717
YEAR. NO MORE THAN TEN MILLION DOLLARS IN CREDITS PER CALENDAR 43,718
YEAR SHALL BE AUTHORIZED FOR CORPORATIONS ENGAGED PRIMARILY IN 43,719
MANUFACTURING. NO LESS THAN FIVE MILLION DOLLARS IN CREDITS PER 43,720
CALENDAR YEAR SHALL BE SET ASIDE FOR CORPORATIONS ENGAGED 43,721
PRIMARILY IN ACTIVITIES OTHER THAN MANUFACTURING AND HAVING FEWER 43,722
THAN FIVE HUNDRED EMPLOYEES. SUBJECT TO SUCH LIMITS, CREDITS 43,723
SHALL BE AUTHORIZED FOR APPLICANTS MEETING THE REQUIREMENTS OF 43,724
THIS SECTION IN THE ORDER IN WHICH THEY SUBMIT COMPLETE AND 43,725
ACCURATE APPLICATIONS. 43,726
(I) A NONREFUNDABLE CREDIT GRANTED BY THE TAX COMMISSIONER 43,728
UNDER THIS SECTION SHALL BE CLAIMED IN THE ORDER REQUIRED UNDER 43,729
SECTION 5733.98 OF THE REVISED CODE. FOR PURPOSES OF MAKING TAX 43,730
PAYMENTS UNDER THIS CHAPTER, TAXES EQUAL TO THE AMOUNT OF THE 43,731
CREDIT SHALL BE CONSIDERED TO BE PAID TO THIS STATE ON THE FIRST 43,732
DAY OF THE TAX YEAR. 43,733
(J) THE TAXPAYER MAY CARRY FORWARD ANY CREDIT AMOUNT IN 43,735
EXCESS OF ITS TAX DUE AFTER ALLOWING FOR ANY OTHER CREDITS THAT 43,736
PRECEDE THE CREDIT UNDER THIS SECTION IN THE ORDER REQUIRED UNDER 43,737
SECTION 5733.98 OF THE REVISED CODE. THE EXCESS CREDIT MAY BE 43,739
CARRIED FORWARD FOR ONE YEAR FOLLOWING THE TAX YEAR FOR WHICH IT 43,740
IS CLAIMED UNDER THIS SECTION. 43,741
(K) THE TAX COMMISSIONER SHALL NOT GRANT ANY CREDITS UNDER 43,743
THIS SECTION AFTER DECEMBER 31, 2005. 43,744
Sec. 5733.98. (A) To provide a uniform procedure for 43,753
calculating the amount of tax imposed by section 5733.06 of the 43,754
997
Revised Code that is due under this chapter, a taxpayer shall 43,756
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised 43,757
Code:
(1) The credit for taxes paid by a qualifying pass-through 43,759
entity allowed under section 5733.0611 of the Revised Code; 43,760
(2) The credit for qualifying affiliated groups under 43,762
section 5733.068 of the Revised Code; 43,763
(3) The subsidiary corporation credit under section 43,765
5733.067 of the Revised Code; 43,766
(4) The savings and loan assessment credit under section 43,768
5733.063 of the Revised Code; 43,769
(5) The credit for recycling and litter prevention 43,771
donations under section 5733.064 of the Revised Code; 43,773
(6) The credit for employers that enter into agreements 43,776
with child day-care centers under section 5733.36 of the Revised 43,777
Code;
(7) The credit for employers that reimburse employee child 43,779
day-care expenses under section 5733.38 of the Revised Code; 43,781
(8) THE CREDIT FOR MAINTAINING RAILROAD ACTIVE GRADE 43,783
CROSSING WARNING DEVICES UNDER SECTION 5733.39 OF THE REVISED 43,784
CODE;
(9) The credit for manufacturing investments under section 43,786
5733.061 of the Revised Code; 43,787
(9)(10) The credit for purchases of new manufacturing 43,789
machinery and equipment under section 5733.31 or section 5733.311 43,790
of the Revised Code; 43,791
(10)(11) The second credit for purchases of new 43,793
manufacturing machinery and equipment under section 5733.33 of 43,795
the Revised Code;
(11)(12) THE JOB TRAINING CREDIT UNDER SECTION 5733.42 OF 43,797
THE REVISED CODE; 43,799
(12)(13) THE CREDIT FOR QUALIFIED RESEARCH EXPENSES UNDER 43,801
SECTION 5733.351 OF THE REVISED CODE; 43,803
998
(14) The enterprise zone credit under section 5709.66 of 43,805
the Revised Code; 43,806
(12)(15) The credit for the eligible costs associated with 43,808
a voluntary action under section 5733.34 of the Revised Code; 43,810
(13)(16) The credit for employers that establish on-site 43,812
child day-care under section 5733.37 of the Revised Code; 43,814
(14)(17) The credit for purchases of qualifying grape 43,816
production property under section 5733.32 of the Revised Code; 43,817
(15)(18) The export sales credit under section 5733.069 of 43,819
the Revised Code; 43,820
(16)(19) The credit for research and development and 43,822
technology transfer investors under section 5733.35 of the 43,823
Revised Code;
(17)(20) The enterprise zone credits under section 5709.65 43,825
of the Revised Code; 43,826
(18)(21) The refundable jobs creation credit under section 43,828
5733.0610 of the Revised Code. 43,829
(B) For any credit except the refundable jobs creation 43,831
credit, the amount of the credit for a tax year shall not exceed 43,832
the tax due after allowing for any other credit that precedes it 43,833
in the order required under this section. Any excess amount of a 43,834
particular credit may be carried forward if authorized under the 43,835
section creating that credit. 43,836
Sec. 5739.31. (A)(1) No person shall engage in the 43,845
business of selling at retail or sell at retail incidental to any 43,846
other regularly conducted business without having a license 43,847
therefor, as required by sections 5739.01 to 5739.31 of the 43,848
Revised Code. 43,849
(2) No person shall engage in the business of selling at 43,851
retail as a transient vendor, as defined in division (B) of 43,852
section 5739.17 of the Revised Code, without first having 43,853
obtained a license as required by that section. 43,854
(3) No person shall engage in the business of selling at 43,856
retail as a limited vendor as defined in division (B) of section 43,857
999
5739.17 of the Revised Code, without first having a license as 43,858
required by that section. 43,859
(B) No person shall continue to engage in the business of 43,861
selling at retail or sell at retail incidental to any other 43,862
regularly conducted business after the license issued to that 43,863
person pursuant to section 5739.17 of the Revised Code has been 43,864
revoked under section 5739.19 of the Revised Code or while the 43,865
license is suspended by the tax commissioner under division 43,866
(B)(2) of section 5739.30 of the Revised Code, nor shall any 43,867
person obtain a new license from the county auditor OR THE TAX 43,868
COMMISSIONER while such revocation or suspension is in effect. 43,870
If a corporation's license has been revoked or suspended, none of 43,871
its officers, or employees having control or supervision of or 43,872
charged with the responsibility of filing returns and making 43,873
payments of tax due, shall obtain a license from the county 43,874
auditor OR THE TAX COMMISSIONER during the period of such 43,876
revocation or suspension.
Sec. 5741.02. (A) For the use of the general revenue fund 43,885
of the state, an excise tax is hereby levied on the storage, use, 43,886
or other consumption in this state of tangible personal property 43,887
or the benefit realized in this state of any service provided. 43,888
The tax shall be collected pursuant to the schedules in section 43,889
5739.025 of the Revised Code. 43,890
(B) Each consumer, storing, using, or otherwise consuming 43,892
in this state tangible personal property or realizing in this 43,893
state the benefit of any service provided, shall be liable for 43,894
the tax, and such liability shall not be extinguished until the 43,895
tax has been paid to this state; provided, that the consumer 43,896
shall be relieved from further liability for the tax if the tax 43,897
has been paid to a seller in accordance with section 5741.04 of 43,898
the Revised Code or prepaid by the seller in accordance with 43,899
section 5741.06 of the Revised Code. 43,900
(C) The tax does not apply to the storage, use, or 43,902
consumption in this state of the following described tangible 43,903
1000
personal property or services, nor to the storage, use, or 43,904
consumption or benefit in this state of tangible personal 43,905
property or services purchased under the following described 43,906
circumstances: 43,907
(1) When the sale of property or service in this state is 43,909
subject to the excise tax imposed by sections 5739.01 to 5739.31 43,910
of the Revised Code, provided said tax has been paid; 43,911
(2) Except as provided in division (D) of this section, 43,913
tangible personal property or services, the acquisition of which, 43,914
if made in Ohio, would be a sale not subject to the tax imposed 43,915
by sections 5739.01 to 5739.31 of the Revised Code; 43,916
(3) Property or services, the storage, use, or other 43,918
consumption of or benefit from which this state is prohibited 43,919
from taxing by the Constitution of the United States, laws of the 43,921
United States, or the Constitution of this state. This exemption 43,923
shall not exempt from the application of the tax imposed by this 43,924
section the storage, use, or consumption of tangible personal 43,925
property that was purchased in interstate commerce, but that has 43,927
come to rest in this state, provided that fuel to be used or 43,928
transported in carrying on interstate commerce that is stopped 43,930
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section 43,931
5739.02 of the Revised Code; 43,932
(4) Transient use of tangible personal property in this 43,934
state by a nonresident tourist or vacationer, or a non-business 43,935
use within this state by a nonresident of this state, if the 43,936
property so used was purchased outside this state for use outside 43,937
this state and is not required to be registered or licensed under 43,938
the laws of this state; 43,939
(5) Tangible personal property or services rendered upon 43,941
which taxes have been paid to another jurisdiction to the extent 43,942
of the amount of the tax paid to such other jurisdiction. Where 43,943
the amount of the tax imposed by this section and imposed 43,944
pursuant to section 5741.021, 5741.022, or 5741.023 of the 43,945
1001
Revised Code exceeds the amount paid to another jurisdiction, the 43,946
difference shall be allocated between the tax imposed by this 43,947
section and any tax imposed by a county or a transit authority 43,948
pursuant to section 5741.021, 5741.022, or 5741.023 of the 43,949
Revised Code, in proportion to the respective rates of such 43,950
taxes. 43,951
As used in this subdivision, "taxes paid to another 43,953
jurisdiction" means the total amount of retail sales or use tax 43,954
or similar tax based upon the sale, purchase, or use of tangible 43,955
personal property or services rendered legally, levied by and 43,956
paid to another state or political subdivision thereof, or to the 43,957
District of Columbia, where the payment of such tax does not 43,958
entitle the taxpayer to any refund or credit for such payment. 43,959
(6) The transfer of a used manufactured home or used 43,961
mobile home, as defined by section 5739.0210 of the Revised Code, 43,962
made on or after January 1, 2000; 43,963
(7) DRUGS THAT ARE OR ARE INTENDED TO BE DISTRIBUTED FREE 43,965
OF CHARGE TO A PRACTITIONER LICENSED TO PRESCRIBE, DISPENSE, AND 43,966
ADMINISTER DRUGS TO A HUMAN BEING IN THE COURSE OF A PROFESSIONAL 43,967
PRACTICE AND THAT BY LAW MAY BE DISPENSED ONLY BY OR UPON THE 43,968
ORDER OF SUCH A PRACTITIONER.
(D) The tax applies to the storage, use, or other 43,970
consumption in this state of tangible personal property or 43,971
services, the acquisition of which at the time of sale was 43,972
excepted under division (E)(1) of section 5739.01 of the Revised 43,973
Code from the tax imposed by section 5739.02 of the Revised Code, 43,974
but which has subsequently been temporarily or permanently 43,975
stored, used, or otherwise consumed in a taxable manner. 43,976
(E) For the purpose of the proper administration of 43,978
sections 5741.01 to 5741.22 of the Revised Code, and to prevent 43,979
the evasion of the tax hereby levied, it shall be presumed that 43,980
any use, storage, or other consumption of tangible personal 43,981
property in this state is subject to the tax until the contrary 43,982
is established. 43,983
1002
Sec. 5743.08. Whenever the tax commissioner discovers any 43,992
cigarettes, subject to the taxes levied under section 5743.02, 43,993
5743.023, 5743.024, or 5743.026 of the Revised Code, and upon 43,995
which the taxes have not been paid, the commissioner may seize 43,996
and take possession of such cigarettes, which shall thereupon be 43,997
forfeited to the state, and the commissioner may within a 43,998
reasonable time thereafter, by a notice posted upon the premises 43,999
where such seizure is made, or by publication in some newspaper 44,000
having circulation in the county in which such seizure is made, 44,001
at least five days before the day of the sale, sell such THE 44,002
forfeited cigarettes, and from. FROM the proceeds of such THE 44,005
sale, THE TAX COMMISSIONER shall collect the taxes due thereon, 44,007
together with a penalty of one hundred per cent and PAY the costs 44,008
incurred in such proceedings, and pay the balance to the person 44,009
in whose possession such forfeited cigarettes were found ANY 44,010
PROCEEDS REMAINING AFTER THE COSTS ARE PAID SHALL BE CONSIDERED 44,011
AS REVENUE ARISING FROM THE TAX; provided that such THE seizure 44,013
and sale shall not be deemed to relieve any person from the fine 44,014
or imprisonment provided for violation of sections 5743.01 to 44,015
5743.20 of the Revised Code. Such THE sale shall be made in the 44,016
county where it is most convenient and economical. Except to the 44,018
extent that any county or convention facilities authority tax was 44,019
owed on such cigarettes, money collected under this section shall 44,021
be paid into the state treasury. If any county or convention 44,022
facilities authority tax was owed on such cigarettes, an amount 44,023
equal to the amount of the county or convention facilities 44,024
authority tax owed shall be paid to the county or convention 44,025
facilities authority levying the tax. The tax commissioner may 44,026
order the destruction of the forfeited cigarettes if the quantity 44,027
OR QUALITY of THE cigarettes is not sufficient to warrant their 44,029
sale.
Sec. 5743.14. (A) THE TAX COMMISSIONER MAY INSPECT ANY 44,038
PLACE WHERE CIGARETTES SUBJECT TO THE TAX LEVIED UNDER SECTION 44,039
5743.02, 5743.023, 5743.024, OR 5743.026 OF THE REVISED CODE ARE 44,040
1003
SOLD OR STORED.
(B) No person shall prevent or hinder the tax commissioner 44,042
from making a full inspection of any place where cigarettes 44,043
subject to the tax levied under section 5743.02, 5743.023, 44,044
5743.024, or 5743.026 of the Revised Code are sold or stored, or 44,046
prevent or hinder the full inspection of invoices, books,
records, or papers required to be kept by sections 5743.01 to 44,047
5743.20 of the Revised Code. 44,048
Sec. 5743.55. Whenever the tax commissioner discovers any 44,057
tobacco products, subject to the tax levied under section 44,058
5743.51, 5743.62, or 5743.63 of the Revised Code, and upon which 44,059
the tax has not been paid or the commissioner has reason to 44,060
believe the tax is being avoided, the commissioner may seize and 44,061
take possession of the tobacco products, which, upon seizure, 44,062
shall be forfeited to the state. Within a reasonable time after 44,063
seizure, the commissioner may sell the forfeited tobacco 44,065
products, by a notice posted upon the premises where the seizure
is made or by publication in a newspaper of general circulation 44,066
in the county in which this seizure is made at least five days 44,067
before the day of the sale. The. FROM THE proceeds from OF this 44,069
sale, THE TAX COMMISSIONER SHALL PAY THE COSTS INCURRED IN THE 44,070
SEIZURE AND SALE, AND ANY PROCEEDS REMAINING AFTER THE SALE shall 44,071
be considered as revenue arising from the tax. The seizure and 44,072
sale shall not relieve any person from the fine or imprisonment 44,073
provided for violation of sections 5743.51 to 5743.66 of the 44,074
Revised Code. The commissioner shall make the sale in the county 44,075
where it is most convenient and economical, but may order the 44,076
destruction of the forfeited tobacco products if the quantity or 44,077
quality of tobacco products is not sufficient to warrant their 44,078
sale. 44,079
Sec. 5743.59. (A) No retail dealer of tobacco products 44,088
shall have in his THE RETAIL DEALER'S possession tobacco products 44,090
on which the tax imposed by section 5743.51 of the Revised Code 44,091
has not been paid, unless the retail dealer is licensed under
1004
section 5743.61 of the Revised Code. Payment may be evidenced by 44,092
invoices from distributors stating the tax has been paid. 44,094
(B) THE TAX COMMISSIONER MAY INSPECT ANY PLACE WHERE 44,096
TOBACCO PRODUCTS SUBJECT TO THE TAX LEVIED UNDER SECTION 5743.51 44,097
OF THE REVISED CODE ARE SOLD OR STORED.
(C) No person shall prevent or hinder the tax commissioner 44,099
from making a full inspection of any place where tobacco products 44,101
subject to the tax imposed by section 5743.51 of the Revised Code 44,102
are sold or stored, or prevent or hinder the full inspection of 44,103
invoices, books, or records required to be kept by section 44,104
5743.54 of the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10, 44,113
5743.11, 5743.12, or division (C) of section 5743.54 of the 44,114
Revised Code is guilty of a misdemeanor of the first degree. If 44,115
the offender has been previously convicted of an offense under 44,116
this division, violation is a felony of the fourth degree. 44,117
(B) Whoever violates section 5743.111, 5743.112, 5743.13, 44,119
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a 44,120
felony of the fourth degree. If the offender has been previously 44,122
convicted of an offense under this division, violation is a 44,123
felony of the second degree. 44,124
(C) Whoever violates section 5743.41 or 5743.42 of the 44,126
Revised Code is guilty of a misdemeanor of the fourth degree. If 44,127
the offender has been previously convicted of an offense under 44,128
this division, violation is a misdemeanor of the third degree. 44,129
(D) Whoever violates any provision of this chapter, or any 44,131
rule promulgated by the tax commissioner under authority of this 44,132
chapter, for the violation of which no penalty is provided 44,133
elsewhere, is guilty of a misdemeanor of the fourth degree. 44,134
(E) In addition to any other penalty imposed upon a person 44,136
convicted of a violation of section 5743.112 or 5743.60 of the 44,137
Revised Code who was the operator of a motor vehicle used in the 44,138
violation, the registrar of motor vehicles shall suspend any 44,139
driver's or commercial driver's license issued to the offender 44,140
1005
pursuant to the order and determination of the trial judge of any 44,141
court of record as provided in section 4507.16 of the Revised 44,142
Code. 44,143
Sec. 5747.11. (A) The tax commissioner shall refund to 44,152
employers, qualifying entities, or taxpayers, with respect to any 44,154
tax imposed under section 5733.41, 5747.02, or 5747.41, or 44,155
Chapter 5748. of the Revised Code: 44,156
(1) Overpayments of more than one dollar; 44,158
(2) Amounts in excess of one dollar paid illegally or 44,160
erroneously; 44,161
(3) Amounts in excess of one dollar paid on an illegal, 44,163
erroneous, or excessive assessment. 44,164
(B) Except as otherwise provided under divisions (D) and 44,166
(E) of this section, applications for refund shall be filed with 44,167
the tax commissioner, on the form prescribed by the commissioner, 44,168
within four years from the date of the illegal, erroneous, or 44,169
excessive payment of the tax, or within any additional period 44,170
allowed by division (B)(3)(b) of section 5747.05, division (B) of 44,171
section 5747.10, division (A) of section 5747.13, or division (C) 44,172
of section 5747.45 of the Revised Code. 44,173
On filing of the refund application, the commissioner shall 44,175
determine the amount of refund due and certify such amount to the 44,176
director of budget and management and treasurer of state for 44,177
payment from the tax refund fund created by section 5703.052 of 44,178
the Revised Code. PAYMENT SHALL BE MADE AS PROVIDED IN DIVISION 44,179
(C) OF SECTION 117.45 OF THE REVISED CODE. 44,180
(C)(1) Interest shall be allowed and paid upon any illegal 44,182
or erroneous assessment in excess of one dollar in respect of the 44,183
tax imposed under section 5747.02 or Chapter 5748. of the Revised 44,185
Code at the rate per annum prescribed by section 5703.47 of the 44,186
Revised Code from the date of the payment of the illegal or 44,187
erroneous assessment until the date the refund of such amount is 44,188
paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an 44,189
1006
employer or taxpayer, rather than from an assessment by the 44,190
commissioner, such interest shall run from a period ninety days 44,191
after the final filing date of the annual return until the date 44,192
the refund is paid. 44,193
(2) Interest shall be allowed and paid at the rate per 44,195
annum prescribed by section 5703.47 of the Revised Code upon any 44,196
overpayment in excess of one dollar in respect of the tax imposed 44,197
under section 5747.02 or Chapter 5748. of the Revised Code from 44,198
the date of the overpayment until the date of the refund of the 44,199
overpayment, except that if any overpayment is refunded within 44,200
ninety days after the final filing date of the annual return or 44,201
ninety days after the return is filed, whichever is later, no 44,202
interest shall be allowed on such overpayment. If the 44,203
overpayment results from the carryback of a net operating loss or 44,204
net capital loss to a previous taxable year, the overpayment is 44,205
deemed not to have been made prior to the filing date, including 44,206
any extension thereof, for the taxable year in which the net 44,207
operating loss or net capital loss arises. For purposes of the 44,208
payment of interest on overpayments, no amount of tax, for any 44,209
taxable year, shall be treated as having been paid before the 44,210
date on which the tax return for that year was due without regard 44,211
to any extension of time for filing such return. 44,212
(3) Interest shall be allowed at the rate per annum 44,214
prescribed by section 5703.47 of the Revised Code on amounts 44,215
refunded with respect to the taxes imposed under sections 5733.41 44,217
and 5747.41 of the Revised Code. The interest shall run from
whichever of the following days is the latest until the day the 44,219
refund is paid: the day the illegal, erroneous, or excessive 44,220
payment was made; the ninetieth day after the final day the 44,221
annual report was required to be filed under section 5747.42 of 44,222
the Revised Code; or the ninetieth day after the day that report 44,223
was filed.
(D) "Ninety days" shall be substituted for "four years" in 44,225
division (B) of this section if the taxpayer satisfies both of 44,226
1007
the following conditions:
(1) The taxpayer has applied for a refund based in whole 44,228
or in part upon section 5747.059 of the Revised Code; 44,229
(2) The taxpayer asserts that either the imposition or 44,231
collection of the tax imposed or charged by this chapter or any 44,232
portion of such tax violates the Constitution of the United 44,233
States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all 44,235
of the following conditions are satisfied: 44,236
(a) A qualifying entity pays an amount of the tax imposed 44,238
by section 5733.41 or 5747.41 of the Revised Code; 44,239
(b) The taxpayer is a qualifying investor as to that 44,241
qualifying entity;
(c) The taxpayer did not claim the credit provided for in 44,243
section 5747.059 of the Revised Code as to the tax described in 44,244
division (E)(1)(a) of this section; 44,245
(d) The four-year period described in division (B) of this 44,247
section has ended as to the taxable year for which the taxpayer 44,248
otherwise would have claimed that credit. 44,249
(2) A taxpayer shall file an application for refund 44,251
pursuant to division (E) of this section within one year after 44,252
the date the payment described in division (E)(1)(a) of this 44,253
section is made. An application filed under division (E)(2) of 44,254
this section shall claim refund only of overpayments resulting 44,255
from the taxpayer's failure to claim the credit described in
division (E)(1)(c) of this section. Nothing in division (E) of 44,256
this section shall be construed to relieve a taxpayer from 44,257
complying with division (A)(16) of section 5747.01 of the Revised 44,258
Code.
Sec. 5907.11. (A) The superintendent of the Ohio 44,267
veterans' home, with the approval of the board of trustees of the 44,268
Ohio veterans' home, may establish a local fund to be used for 44,270
the entertainment and welfare of the residents of the Ohio 44,272
veterans' home. The fund shall be designated as the home
1008
improvement RESIDENTS' BENEFIT fund and shall be operated for the 44,275
exclusive benefit of the residents of the Ohio veterans' home. 44,277
The fund shall receive all revenue from the sale of commissary 44,278
items and shall receive all moneys received as donations from any 44,279
source.
(B) THE RESIDENTS' BENEFIT FUND ALSO MAY BE USED TO 44,281
RECEIVE AND DISBURSE ANY DONATIONS MADE FOR EVENTS SPONSORED BY 44,282
THE OHIO VETERANS HALL OF FAME. 44,283
(C) The superintendent, subject to the approval of the 44,285
board of trustees, shall establish rules for the operation of the 44,287
home improvement RESIDENTS' BENEFIT fund. 44,288
Sec. 5907.13. Residents of the Ohio veterans' home may be 44,297
assessed a fee to pay a portion of the expenses of their support, 44,298
dependent upon their ability to pay. Subject to controlling 44,299
board approval, the board of trustees of the Ohio veterans' home 44,300
shall adopt rules for determining a resident's ability to pay. 44,301
Each resident shall furnish the board of trustees such statements 44,302
of income, assets, debts, and expenses as THAT the board 44,303
requires. All 44,304
ALL fees contributed by the residents under this section 44,307
shall be deposited into an interest-bearing account in a public 44,308
depository in accordance with section 135.18 of the Revised Code. 44,309
All such OF THESE fees shall be paid to the treasurer of state 44,311
within thirty days after the end of the month of receipt, 44,312
together with all interest credited to the account to date. The 44,313
treasurer of state shall credit eighty per cent of these fees and 44,314
of this interest to the Ohio veterans' home operating fund and 44,315
twenty per cent OF THESE FEES AND OF THIS INTEREST to the Ohio 44,316
veterans' home fund. The 44,318
THE fee for each resident shall be based upon the level of 44,321
care received for domiciliary or nursing home services PROVIDED 44,322
TO THE RESIDENT BY THE HOME. THE BOARD OF TRUSTEES SHALL 44,323
DETERMINE AUTHORIZED LEVELS OF CARE FOR RESIDENTS. The assessment 44,324
for each resident shall not exceed the difference between the 44,325
1009
total per diem amount collected by the state for maintenance from 44,326
all sources on the resident's behalf and the average annual per 44,327
diem cost for the resident's maintenance, computed in accordance 44,328
with veterans administration regulations.
Sec. 5907.141. (A) All money received from the United 44,337
States department of veterans affairs in per diem grants for 44,339
state home domiciliary and nursing home care THAT THE OHIO 44,341
VETERANS' HOME PROVIDES shall be deposited in the state treasury 44,342
to the credit of the Ohio veterans' home federal grant fund, 44,343
which is hereby created. Money credited to the fund shall be 44,344
used only for the operating costs of the Ohio veterans' home. 44,345
(B) ANY RESIDENT OF THE OHIO VETERANS' HOME WHOM THE 44,348
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DETERMINES TO HAVE 44,349
EXCESS INCOME OR ASSETS, THEREFORE RENDERING THE HOME INELIGIBLE 44,350
TO COLLECT PER DIEM GRANT REIMBURSEMENT FOR DAYS OF CARE PROVIDED 44,351
TO THAT RESIDENT, IS REQUIRED TO PAY, IN ADDITION TO THE FEES 44,352
ASSESSED UNDER SECTION 5907.13 OF THE REVISED CODE, AN AMOUNT 44,353
EQUAL TO THE RATE OF PER DIEM GRANT THAT THE DEPARTMENT DENIED 44,354
FOR THAT PARTICULAR RESIDENT. ANY AMOUNT THAT THE RESIDENT PAYS 44,355
UNDER THIS DIVISION SHALL BE COLLECTED AND DISTRIBUTED IN THE 44,356
SAME MANNER AS THE FEES ASSESSED UNDER SECTION 5907.13 OF THE 44,357
REVISED CODE.
Sec. 5907.15. There is hereby created in the state 44,366
treasury the Ohio veterans VETERANS' home rental and, service 44,368
revenue, AND MEDICARE REIMBURSEMENT fund. Revenue generated from 44,371
temporary use agreements of the home, from the sale of meals at
the home's dining halls, and from rental, lease, or sharing 44,372
agreements for the use of facilities, supplies, equipment, 44,374
utilities, or services provided by the home, AND FROM MEDICARE 44,375
REIMBURSEMENTS shall be credited to the fund. The fund shall be 44,376
used only for maintenance costs of the home AND FOR THE PURCHASE 44,377
OF MEDICATIONS, MEDICAL SUPPLIES, AND MEDICAL EQUIPMENT BY THE 44,378
HOME.
Sec. 6109.01. As used in this chapter: 44,387
1010
(A) "Public water system" means a system for the provision 44,389
to the public of piped water for human consumption THROUGH PIPES 44,390
OR OTHER CONSTRUCTED CONVEYANCES if the system has at least 44,392
fifteen service connections or regularly serves at least 44,393
twenty-five individuals. "Public water system" includes any 44,394
collection, treatment, storage, and distribution facilities under 44,395
control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment 44,396
storage facilities not under such control that are used primarily 44,398
in connection with the system, and any water supply system 44,399
serving an agricultural labor camp as defined in section 3733.41 44,400
of the Revised Code.
(B) "Contaminant" means any physical, chemical, 44,402
biological, or radiological substance or matter in water. 44,403
(C) "Person" means the state, any political subdivision, 44,405
agency, institution, or instrumentality thereof, any federal 44,406
agency, and any person as defined in section 1.59 of the Revised 44,407
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking 44,409
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), as amended by 44,410
the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 44,411
U.S.C. 300(f), the "Safe Drinking Water Act Amendments of 1986," 44,412
100 Stat. 642, 42 U.S.C. 300(f), and the "Safe Drinking Water Act 44,413
Amendments of 1996," 110 Stat. 1613, 42 U.S.C. 300(f), and
regulations adopted under those acts. 44,414
(E) "Community water system" means a public water system 44,416
that has at least fifteen service connections used by year-round 44,417
residents or that regularly serves at least twenty-five 44,418
year-round residents.
(F) "Small system" means a public water system serving a 44,420
population of ten thousand or fewer individuals. 44,421
(G) "Technical assistance" means nonfinancial assistance 44,423
provided by the state to public water systems and other eligible 44,424
applicants, including, without limitation, assistance for 44,425
1011
planning and design, development, and implementation of source 44,426
water quality protection programs; locating alternative supplies 44,427
of drinking water; operational training; restructuring or 44,428
consolidation of small systems; providing treatment information 44,429
in order to assist compliance with a national primary drinking 44,430
water standard; and other nonfinancial assistance authorized by 44,431
the requirements governing the funds established under this 44,432
chapter. 44,433
(H) "Disadvantaged community" means the service area or 44,435
portion of a service area of a public water system that meets 44,436
affordability and other criteria established by the director of 44,437
environmental protection in rules adopted under division (M) of 44,438
section 6109.22 of the Revised Code and may include the service 44,439
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 44,440
Revised Code.
(I) "Director of environmental protection" or "director" 44,442
includes an authorized representative of the director. 44,443
(J) "Federal Water Pollution Control Act" has the same 44,445
meaning as in section 6111.01 of the Revised Code. 44,446
Sec. 6109.21. (A) Except as provided in divisions (D) and 44,456
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 44,457
without a license issued by the director of environmental 44,458
protection. A person who operates or maintains a public water 44,459
system on January 1, 1994, shall obtain an initial license under 44,460
this section in accordance with the following schedule: 44,461
(1) If the public water system is a community water 44,463
system, not later than January 31, 1994; 44,464
(2) If the public water system is not a community water 44,466
system and serves a nontransient population, not later than 44,467
January 31, 1994; 44,468
(3) If the public water system is not a community water 44,470
system and serves a transient population, not later than January 44,471
1012
31, 1995. 44,472
A person proposing to operate or maintain a new public 44,474
water system after January 1, 1994, in addition to complying with 44,475
section 6109.07 of the Revised Code and rules adopted under it, 44,476
shall submit an application for an initial license under this 44,477
section to the director prior to commencing operation of the 44,478
system. 44,479
A license or license renewal issued under this section 44,481
shall be renewed annually. Such a license or license renewal 44,482
shall expire on the thirtieth day of January in the year 44,483
following its issuance. A license holder that proposes to 44,484
continue operating the public water system for which the license 44,485
or license renewal was issued shall apply for a license renewal 44,486
at least thirty days prior to that expiration date. 44,487
The director shall adopt, and may amend and rescind, rules 44,489
in accordance with Chapter 119. of the Revised Code establishing 44,490
procedures governing and information to be included on 44,491
applications for licenses and license renewals under this 44,492
section. Through June 30, 2000 2002, each application shall be 44,494
accompanied by the appropriate fee established under division (M) 44,495
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 44,496
maintain a new public water system after January 1, 1994, shall 44,497
submit a fee that equals a prorated amount of the appropriate fee 44,498
established under that division for the remainder of the 44,499
licensing year. 44,500
(B) Not later than thirty days after receiving a completed 44,502
application and the appropriate license fee for an initial 44,503
license under division (A) of this section, the director shall 44,504
issue the license for the public water system. Not later than 44,505
thirty days after receiving a completed application and the 44,506
appropriate license fee for a license renewal under division (A) 44,507
of this section, the director shall do one of the following: 44,508
(1) Issue the license renewal for the public water system; 44,510
1013
(2) Issue the license renewal subject to terms and 44,512
conditions that the director determines are necessary to ensure 44,513
compliance with this chapter and rules adopted under it; 44,514
(3) Deny the license renewal if the director finds that 44,516
the public water system was not operated in substantial 44,517
compliance with this chapter and rules adopted under it. 44,518
(C) The director may suspend or revoke a license or 44,520
license renewal issued under this section if the director finds 44,521
that the public water system was not operated in substantial 44,522
compliance with this chapter and rules adopted under it. The 44,523
director shall adopt, and may amend and rescind, rules in 44,524
accordance with Chapter 119. of the Revised Code governing such 44,525
suspensions and revocations. 44,526
(D)(1) As used in division (D) of this section, "church" 44,528
means a fellowship of believers, congregation, society, 44,529
corporation, convention, or association that is formed primarily 44,530
or exclusively for religious purposes and that is not formed or 44,531
operated for the private profit of any person. 44,532
(2) This section does not apply to a church that operates 44,534
or maintains a public water system solely to provide water for 44,535
that church or for a campground that is owned by the church and 44,536
operated primarily or exclusively for members of the church and 44,537
their families. A church that, on or before the effective date 44,538
of this amendment MARCH 5, 1996, has obtained a license under 44,540
this section for such a public water system need not obtain a
license renewal under this section. 44,541
(E) This section does not apply to any public or nonpublic 44,543
school that meets minimum standards of the state board of 44,544
education that operates or maintains a public water system solely 44,545
to provide water for that school. 44,546
Sec. 6119.10. The board of trustees of a regional water 44,555
and sewer district or any officer or employee designated by such 44,556
THE board may make any contract for the purchase of supplies or 44,558
material or for labor for any work, under the supervision of the 44,559
1014
board, the cost of which shall not exceed ten FIFTEEN thousand 44,560
dollars. When an expenditure, other than for the acquisition of 44,562
real estate and interests in real estate, the discharge of 44,563
noncontractual claims, personal services, the joint use of 44,564
facilities or the exercise of powers with other political 44,565
subdivisions, or for the product or services of public utilities, 44,566
exceeds ten FIFTEEN thousand dollars, such THE expenditures shall 44,568
be made only after a notice calling for bids has been published 44,569
not less than two consecutive weeks in at least one newspaper 44,570
having a general circulation within the district. If the bids 44,571
are for a contract for the construction, demolition, alteration, 44,572
repair, or reconstruction of an improvement, the board may let 44,573
the contract to the lowest and best bidder who meets the 44,574
requirements of section 153.54 of the Revised Code. If the bids 44,575
are for a contract for any other work relating to the 44,576
improvements for which a regional water and sewer district was 44,577
established, the board of trustees of the regional water and 44,578
sewer district may let the contract to the lowest or best bidder 44,579
who gives a good and approved bond with ample security 44,580
conditioned on the carrying out of the contract. Such THE 44,581
contract shall be in writing and shall be accompanied by or shall 44,583
refer to plans and specifications for the work to be done, 44,584
approved by the board. The plans and specifications shall at all 44,585
times be made and considered part of the contract. The contract 44,586
shall be approved by the board and signed by its president or 44,587
other duly authorized officer and by the contractor. In case of 44,588
a real and present emergency, the board of trustees of the 44,589
district may, by two-thirds vote of all members, MAY authorize 44,590
the president or other duly authorized officer to enter into a 44,591
contract for work to be done or for the purchase of supplies or 44,592
materials without formal bidding or advertising. All contracts 44,593
shall have attached the certificate required by section 5705.41 44,594
of the Revised Code duly executed by the secretary of the board 44,595
of trustees of the district. The district may make improvements 44,596
1015
by force account or direct labor, provided THAT, if the estimated 44,597
cost of supplies or material for any such improvement exceeds ten 44,598
FIFTEEN thousand dollars, bids shall be received as provided in 44,600
this section. For the purposes of the competitive bidding 44,601
requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate 44,602
contracts for labor, supplies, or materials if such THE contracts 44,604
are in fact a part of a single contract required to be bid 44,605
competitively under this section. 44,606
Section 2. That existing sections 9.06, 9.07, 102.02, 44,609
103.143, 103.71, 103.73, 103.74, 109.081, 111.18, 117.14, 117.44, 44,610
117.45, 118.01, 118.05, 118.08, 120.04, 120.06, 120.18, 120.28, 44,611
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, 44,612
125.111, 125.15, 125.28, 126.12, 126.21, 126.25, 126.31, 126.32, 44,613
127.16, 129.55, 129.63, 129.73, 131.01, 133.20, 135.63, 149.30, 44,614
159.03, 159.04, 166.03, 166.05, 167.03, 169.02, 169.03, 169.09, 44,615
173.35, 307.851, 307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 44,617
340.03, 341.011, 718.01, 742.63, 753.19, 901.41, 901.62, 901.63, 44,619
924.51, 1101.15, 1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 44,620
1155.10, 1155.13, 1161.09, 1161.38, 1163.09, 1163.13, 1163.16, 44,621
1181.06, 1301.01, 1309.401, 1317.07, 1321.57, 1322.02, 1322.10, 44,622
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, 44,623
2949.19, 2949.20, 2949.201, 3109.13, 3109.14, 3109.15, 3109.16, 44,624
3109.17, 3109.18, 3301.68, 3375.90, 3383.08, 3501.18, 3501.21, 44,625
3517.152, 3701.04, 3701.261, 3701.262, 3701.263, 3701.89, 44,627
3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 3705.24, 3721.31, 44,629
3721.33, 3722.01, 3722.011, 3722.10, 3722.15, 3722.16, 3734.02, 44,630
3734.05, 3734.06, 3734.18, 3734.28, 3734.57, 3734.82, 3734.87, 44,631
3734.901, 3742.03, 3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 44,632
3748.07, 3748.13, 3750.02, 3769.20, 3793.08, 3793.10, 3793.12, 44,633
4105.17, 4112.04, 4112.12, 4163.07, 4301.10, 4301.30, 4301.43, 44,635
4301.62, 4303.06, 4303.07, 4303.10, 4303.181, 4303.182, 4303.30, 44,637
1016
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, 44,639
4717.05, 4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 44,640
4725.17, 4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 44,642
4735.07, 4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 44,643
4747.05, 4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 44,644
4766.02, 4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4911.17, 44,645
4931.11, 4931.21, 4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 44,646
5101.16, 5101.21, 5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 44,647
5101.541, 5101.544, 5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 44,648
5104.38, 5107.02, 5107.05, 5107.10, 5107.16, 5107.18, 5107.22, 44,649
5107.24, 5107.26, 5107.28, 5107.541, 5107.60, 5107.72, 5108.06, 44,650
5111.01, 5111.022, 5111.23, 5111.231, 5112.01, 5112.03, 5112.06, 44,651
5112.07, 5112.08, 5112.09, 5112.17, 5112.18, 5115.01, 5117.07, 44,652
5117.09, 5119.22, 5119.61, 5120.14, 5121.03, 5121.04, 5121.06, 44,653
5121.07, 5121.08, 5121.09, 5121.10, 5123.60, 5126.35, 5139.27, 44,654
5139.271, 5139.28, 5139.281, 5139.43, 5139.50, 5139.51, 5139.55, 44,656
5145.30, 5502.21, 5502.22, 5502.25, 5502.28, 5502.34, 5515.01, 44,658
5528.36, 5703.05, 5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 44,659
5709.632, 5709.83, 5711.16, 5711.22, 5727.01, 5727.111, 5727.12, 44,660
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, 44,661
5739.31, 5741.02, 5743.08, 5743.14, 5743.55, 5743.59, 5743.99, 44,662
5747.11, 5907.11, 5907.13, 5907.141, 5907.15, 6109.01, 6109.21, 44,663
and 6119.10 and sections 117.16, 1155.131, 1163.17, 2108.021, 44,665
2151.55, 4113.14, 4931.01, 4931.03, 4931.08, 4931.20, 4931.23, 44,666
4931.24, 5107.77, 5111.172, and 5115.08 of the Revised Code are 44,667
hereby repealed. That existing section 122.75 of the Revised 44,668
Code as it results from Am. Sub. H.B. 117 of the 121st General 44,669
Assembly is hereby repealed. That existing Section 4 of Sub. 44,670
H.B. 167 of the 121st General Assembly, as amended by Sub. H.B. 44,671
710 of the 121st General Assembly and Am. Sub. H.B. 215 of the 44,672
122nd General Assembly, is hereby repealed. That section 122.75 44,673
of the Revised Code as it purportedly results from Am. Sub. H.B. 44,674
1017
356 of the 121st General Assembly is hereby repealed. 44,675
Section 3. That Section 5 of Am. Sub. S.B. 50 of the 121st 44,677
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd 44,679
General Assembly, be amended to read as follows: 44,680
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st 44,683
General Assembly shall take effect July 1, 1999 2001." 44,684
Section 4. That existing Section 5 of Am. Sub. S.B. 50 of 44,686
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 44,687
the 122nd General Assembly, is hereby repealed. 44,688
Section 5. Except as otherwise provided, all appropriation 44,690
line items (ALI) in this act are hereby appropriated out of any 44,691
moneys in the state treasury to the credit of the designated 44,692
fund, which are not otherwise appropriated. For all 44,693
appropriations made in this act, those amounts in the first 44,694
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 44,695
FND ALI ALI TITLE FY 2000 FY 2001 44,704
Section 6. ACC ACCOUNTANCY BOARD OF OHIO 44,707
General Services Fund Group 44,709
4J8 889-601 CPA Education 44,712
Assistance $ 200,000 $ 200,000 44,714
4K9 889-609 Operating Expenses $ 818,726 $ 810,813 44,718
TOTAL GSF General Services Fund 44,719
Group $ 1,018,726 $ 1,010,813 44,722
TOTAL ALL BUDGET FUND GROUPS $ 1,018,726 $ 1,010,813 44,725
Section 7. PAY ACCRUED LEAVE LIABILITY 44,728
Accrued Leave Liability Fund Group 44,730
806 995-666 Accrued Leave Fund $ 51,911,388 $ 58,703,605 44,735
807 995-667 Disability Fund $ 33,111,113 $ 34,766,669 44,739
TOTAL ALF Accrued Leave Liability 44,740
Fund Group $ 85,022,501 $ 93,470,274 44,743
Agency Fund Group 44,746
808 995-668 State Employee Health 44,749
Benefit Fund $ 125,908,931 $ 133,973,454 44,751
1018
809 995-669 Dependent Care 44,753
Spending Account $ 2,579,750 $ 2,773,231 44,755
810 995-670 Life Insurance 44,757
Investment Fund $ 2,259,874 $ 2,372,867 44,759
811 995-671 Parental Leave 44,761
Benefit Fund $ 4,149,522 $ 5,186,902 44,763
TOTAL AGY Agency Fund Group $ 134,898,077 $ 144,306,454 44,766
TOTAL ALL BUDGET FUND GROUPS $ 219,920,578 $ 237,776,728 44,772
Accrued Leave Liability Fund 44,775
The foregoing appropriation item 995-666, Accrued Leave 44,777
Fund, shall be used to make payments from the Accrued Leave 44,778
Liability Fund (Fund 806), pursuant to section 125.211 of the 44,779
Revised Code. If it is determined by the Director of Budget and 44,780
Management that additional amounts are necessary, the amounts are 44,781
hereby appropriated. 44,782
State Employee Disability Leave Benefit Fund 44,784
The foregoing appropriation item 995-667, Disability Fund, 44,786
shall be used to make payments from the State Employee Disability 44,787
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 44,788
Revised Code. If it is determined by the Director of Budget and 44,789
Management that additional amounts are necessary, the amounts are 44,790
hereby appropriated. 44,791
State Employee Health Benefit Fund 44,793
The foregoing appropriation item 995-668, State Employee 44,795
Health Benefit Fund, shall be used to make payments from the 44,796
State Employee Health Benefit Fund (Fund 808), pursuant to 44,797
section 124.87 of the Revised Code. If it is determined by the 44,798
Director of Budget and Management that additional amounts are 44,799
necessary, the amounts are hereby appropriated. 44,800
Dependent Care Spending Account 44,802
The foregoing appropriation item 995-669, Dependent Care 44,804
Spending Account, shall be used to make payments from the 44,805
Dependent Care Spending Account (Fund 809) to employees eligible 44,806
for dependent care expenses. If it is determined by the Director 44,807
1019
of Budget and Management that additional amounts are necessary, 44,808
the amounts are hereby appropriated. 44,809
Life Insurance Investment Fund 44,811
The foregoing appropriation item 995-670, Life Insurance 44,813
Investment Fund, shall be used to make payments from the Life 44,814
Insurance Investment Fund (Fund 810) for the costs and expenses 44,815
of the state's life insurance benefit program pursuant to section 44,816
125.212 of the Revised Code. If it is determined by the Director 44,817
of Budget and Management that additional amounts are necessary, 44,818
the amounts are hereby appropriated. 44,819
Parental Leave Benefit Fund 44,821
The foregoing appropriation item 995-671, Parental Leave 44,823
Benefit Fund, shall be used to make payments from the Parental 44,824
Leave Benefit Fund (Fund 811) to employees eligible for parental 44,825
leave benefits pursuant to section 124.137 of the Revised Code. 44,826
If it is determined by the Director of Budget and Management that 44,827
additional amounts are necessary, the amounts are hereby 44,828
appropriated. 44,829
Section 8. ADJ ADJUTANT GENERAL 44,831
General Revenue Fund 44,833
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 44,838
GRF 745-403 Armory Deferred 44,840
Maintenance $ 800,000 $ 800,000 44,842
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 44,846
GRF 745-409 Central 44,848
Administration $ 3,860,435 $ 3,848,936 44,850
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 44,854
GRF 745-502 Ohio National Guard 44,856
Unit Fund $ 118,086 $ 121,392 44,858
TOTAL GRF General Revenue Fund $ 10,625,842 $ 10,611,725 44,861
General Services Fund Group 44,864
534 745-612 Armory Improvements $ 511,500 $ 523,776 44,869
536 745-620 Camp Perry Clubhouse 44,871
and Rental $ 996,340 $ 1,008,771 44,873
1020
537 745-604 ONG Maintenance $ 205,163 $ 209,847 44,877
TOTAL GSF General Services Fund 44,878
Group $ 1,713,003 $ 1,742,394 44,881
Federal Special Revenue Fund Group 44,884
3E8 745-628 Air National Guard 44,887
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 44,889
3R8 745-603 Counter Drug 44,891
Operations $ 100,000 $ 100,000 44,893
3S0 745-602 Higher Ground 44,895
Training $ 35,000 $ 35,000 44,897
341 745-615 Air National Guard 44,899
Base Security $ 2,008,925 $ 1,992,760 44,901
342 745-616 Army National Guard 44,903
Service Agreement $ 4,370,403 $ 4,439,930 44,905
343 745-619 Army National Guard 44,907
Training Site
Agreement $ 2,734,477 $ 2,781,245 44,909
TOTAL FED Federal Special Revenue 44,910
Fund Group $ 20,429,107 $ 20,598,733 44,913
State Special Revenue Fund Group 44,916
528 745-605 Marksmanship 44,918
Activities $ 61,600 $ 63,078 44,920
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 44,923
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,829,552 $ 33,015,930 44,928
Armory Deferred Maintenance 44,931
Of the foregoing appropriation item 745-403, Armory 44,933
Deferred Maintenance, all disbursements shall be made based on a 44,934
spending plan approved by the Director of Budget and Management. 44,935
Marksmanship Activities 44,937
On July 1, 1999, or as soon thereafter as possible, the 44,939
Director of Budget and Management shall transfer the cash balance 44,940
in the Marksmanship Program (Fund 340) to Marksmanship Activities 44,941
1021
(Fund 528), and Fund 340 is hereby abolished. The director shall 44,942
cancel any existing encumbrances against appropriation item 44,943
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 44,944
528). The amounts of the reestablished encumbrances are hereby 44,945
appropriated.
Section 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 44,947
General Revenue Fund 44,949
GRF 100-402 Unemployment 44,952
Compensation $ 130,591 $ 134,069 44,954
GRF 100-405 Agency Audit Expenses $ 672,767 $ 770,956 44,958
GRF 100-406 County & University 44,960
Human Resources
Services $ 1,263,419 $ 1,244,851 44,962
GRF 100-409 Departmental 44,964
Information Services $ 1,518,558 $ 1,489,757 44,966
GRF 100-410 Veterans' Records 44,968
Conversion $ 500,000 $ 500,000 44,970
GRF 100-414 Ohio Geographically 44,972
Referenced
Information Program $ 642,224 $ 659,227 44,974
GRF 100-416 Strategic Technology 44,976
Development Programs $ 4,043,290 $ 4,188,593 44,978
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 44,982
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 44,986
GRF 100-433 State of Ohio 44,988
Computer Center $ 5,090,081 $ 5,204,349 44,990
GRF 100-439 Equal Opportunity 44,992
Programs $ 1,394,375 $ 1,430,694 44,994
GRF 100-447 OBA - Building Rent 44,996
Payments $ 89,400,000 $ 97,335,000 44,998
GRF 100-448 OBA - Building 45,000
Operating Payments $ 25,498,000 $ 25,498,000 45,002
1022
GRF 100-449 DAS - Building 45,004
Operating Payments $ 5,637,392 $ 5,620,548 45,006
GRF 100-451 Minority Affairs $ 876,551 $ 878,910 45,010
GRF 130-321 State Agency Support 45,012
Services $ 3,938,112 $ 3,994,685 45,014
TOTAL GRF General Revenue Fund $ 151,392,909 $ 159,820,213 45,017
General Services Fund Group 45,020
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 45,025
115 100-632 Central Service 45,027
Agency $ 389,317 $ 398,151 45,029
117 100-644 General Services 45,031
Division - Operating $ 6,152,252 $ 5,836,960 45,033
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 45,037
125 100-622 Human Resources 45,039
Division - Operating $ 21,275,977 $ 19,663,245 45,041
127 100-627 Vehicle Liability 45,043
Insurance $ 4,160,053 $ 4,276,001 45,045
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 45,049
130 100-606 Fidelity Bonding 45,051
Programs $ 109,611 $ 112,497 45,053
131 100-639 State Architect's 45,055
Office $ 6,154,743 $ 6,066,535 45,057
132 100-631 DAS Building 45,059
Management $ 10,584,283 $ 10,327,827 45,061
188 100-649 Equal Opportunity 45,063
Programs $ 2,194,260 $ 2,228,255 45,065
201 100-653 General Services 45,067
Resale Merchandise $ 1,978,768 $ 2,034,174 45,069
210 100-612 State Printing $ 6,157,561 $ 6,322,592 45,073
4H2 100-604 Governor's Residence 45,075
Gift $ 21,622 $ 22,141 45,077
4P3 100-603 Departmental MIS 45,079
Services $ 6,493,349 $ 7,312,130 45,081
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 45,085
1023
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 45,089
TOTAL GSF General Services Fund 45,090
Group $ 80,845,416 $ 80,066,246 45,093
Federal Special Revenue Fund Group 45,096
307 100-633 Federal Special 45,099
Revenue $ 183,000 $ 79,000 45,101
TOTAL FED Federal Special Revenue 45,102
Fund Group $ 183,000 $ 79,000 45,105
State Special Revenue Fund Group 45,108
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 45,112
TOTAL SSR State Special Revenue 45,113
Fund Group $ 12,000,000 $ 12,000,000 45,116
Intragovernmental Service Fund Group 45,119
133 100-607 Information 45,122
Technology Fund $ 92,027,981 $ 91,726,824 45,124
4N6 100-617 Major Computer 45,126
Purchases $ 19,016,469 $ 19,472,864 45,128
TOTAL ISF Intragovernmental 45,129
Service Fund Group $ 111,044,450 $ 111,199,688 45,132
Agency Fund Group 45,135
113 100-628 Unemployment 45,138
Compensation $ 4,884,530 $ 5,128,757 45,140
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 45,144
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 45,147
Holding Account Redistribution Fund Group 45,150
R08 100-646 General Services 45,153
Refunds $ 20,000 $ 20,000 45,155
TOTAL 090 Holding Account 45,156
Redistribution Fund Group $ 20,000 $ 20,000 45,159
TOTAL ALL BUDGET FUND GROUPS $2,145,370,305 $2,242,563,904 45,162
Section 9.01. Agency Audit Expenses 45,165
Of the foregoing appropriation item 100-405, Agency Audit 45,167
Expenses, up to $222,000 in fiscal year 2000 and up to $226,800 45,168
in fiscal year 2001 shall be used to subsidize the operations of 45,169
1024
the Central Service Agency. The Department of Administrative 45,170
Services shall transfer cash from appropriation item 100-405, 45,171
Agency Adult Expenses, to the Central Service Agency Fund (Fund 45,172
115) using an intrastate transfer voucher. 45,173
Of the foregoing appropriation item 100-405, Agency Audit 45,175
Expenses, up to $30,000 in fiscal year 2000 and $30,000 in fiscal 45,176
year 2001 shall be used for the Department of Administrative 45,179
Services' GRF line item-related auditing expenses. The remainder 45,180
of the appropriation shall be used for auditing expenses 45,181
designated in division (A)(1) of section 117.13 of the Revised 45,182
Code for those state agencies audited on a biennial basis. 45,183
Of the foregoing appropriation item 100-405, Agency Audit 45,185
Expenses, $5,000 in each fiscal year shall be used for the Ohio 45,186
Veterans' Children's Home Ex-Pupils Association. 45,187
Of the foregoing appropriation item 100-406, County & 45,189
University Human Resources Services, the Director of 45,190
Administrative Services shall transfer $10,795 in fiscal year 45,191
2000 to the Workforce Development Fund (Fund 5D7) to pay interest 45,192
that should have accrued to the Workforce Development Fund in 45,193
fiscal year 1998. This transfer shall be made using an 45,194
intrastate transfer voucher.
Veterans' Records Conversion 45,196
The office of Veterans Affairs within the Office of the 45,198
Governor shall identify the Merchant Marines who served in the 45,199
war zone in World War II.
Fidelity Bonding Programs 45,201
Pursuant to a written request by the Chief of the Division 45,203
of Wildlife in the Department of Natural Resources, the 45,204
self-insured blanket fidelity bonding program authorized by 45,205
section 9.832 of the Revised Code shall revert to the Division of 45,206
Wildlife effective July 1, 1999. Upon receipt of the chief's 45,207
request, the Department of Administrative Services shall prepare 45,208
a preliminary estimate of the amount of cash held on behalf of 45,209
the Division of Wildlife that is not committed for costs incurred 45,210
1025
by or for the self-insured fidelity bonding program. The 45,211
Director of Administrative Services shall certify such amount to 45,212
the Director of Budget and Management. Upon receipt of the 45,213
certification, the Director of Budget and Management shall 45,214
transfer the amount of cash certified by the Director of 45,215
Administrative Services from the State Insurance Pool (Fund 130) 45,216
to the Wildlife Fund created in section 1531.17 of the Revised 45,217
Code. After transfer of the preliminary estimate of cash to the 45,218
Wildlife Fund, the Department of Administrative Services shall 45,219
reconcile fiscal year 1999 financial activity in the State 45,220
Insurance Pool. The department shall determine the final amount 45,221
of cash to be transferred between the State Insurance Pool and 45,222
the Wildlife Fund. The Director of Budget and Management shall 45,223
transfer the final amount certified to the Wildlife Fund or to 45,224
the State Insurance Pool, as appropriate.
Section 9.02. Ohio Building Authority 45,226
The foregoing appropriation item 100-447, OBA - Building 45,228
Rent Payments, shall be used to meet all payments at the times 45,230
they are required to be made during the period from July 1, 1999, 45,231
to June 30, 2001, by the Department of Administrative Services to 45,232
the Ohio Building Authority pursuant to leases and agreements 45,233
under Chapter 152. of the Revised Code, but limited to the 45,234
aggregate amount of $186,735,000. The foregoing appropriation 45,235
item 100-448, OBA - Building Operating Payments, shall be used to 45,237
meet all payments at the times that they are required to be made 45,238
during the period from July 1, 1999, to June 30, 2001, by the 45,239
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 45,241
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 45,242
pledged for bond service charges on obligations issued pursuant 45,243
to Chapter 152. of the Revised Code. 45,244
The payments to the Ohio Building Authority are for the 45,246
purpose of paying the expenses of agencies that occupy space in 45,247
1026
the various state facilities. The Department of Administrative 45,248
Services may enter into leases and agreements with the Ohio 45,249
Building Authority providing for the payment of such expenses. 45,250
The Ohio Building Authority shall report to the Department of 45,252
Administrative Services and the Office of Budget and Management 45,253
not later than five months after the start of a fiscal year the 45,254
actual expenses incurred by the Ohio Building Authority in 45,255
operating such facilities and any balances remaining from 45,256
payments and rentals received in the prior fiscal year. The 45,257
Department of Administrative Services shall reduce subsequent 45,258
payments by the amount of the balance reported to it by the Ohio 45,259
Building Authority.
Section 9.03. DAS - Building Operating Payments 45,261
The foregoing appropriation item 100-449, DAS - Building 45,263
Operating Payments, shall be used to pay the rent expenses of 45,265
veterans organizations pursuant to section 123.024 of the Revised 45,266
Code in fiscal years 2000 and 2001. 45,267
Notwithstanding section 125.28 of the Revised Code, the 45,269
remaining portion of this appropriation may be used to pay the 45,271
operating expenses of state facilities maintained by the 45,273
Department of Administrative Services that are not billed to 45,275
building tenants. Such expenses may include, but are not limited 45,277
to, the costs for vacant space and space undergoing renovation, 45,278
and the rent expenses of tenants that are relocated due to 45,279
building renovations. 45,280
Such payments shall be processed by the Department of 45,282
Administrative Services through intrastate vouchers and placed in 45,284
the Facilities Management Fund (Fund 132). 45,286
Section 9.04. Equal Opportunity Programs and Minority 45,288
Affairs
The Department of Administrative Services, with the 45,290
approval of the Director of Budget and Management, shall 45,291
establish charges for recovering the costs of administering the 45,292
activities supported by the Equal Opportunity Programs Fund (Fund 45,293
1027
188). These charges shall be deposited to the credit of the 45,295
Equal Opportunity Programs Fund (Fund 188) upon payment made by 45,296
state agencies; state-supported or state-assisted institutions of 45,298
higher education; and tax-supported agencies, municipal 45,299
corporations, or other political subdivisions of the state, for 45,300
services rendered.
The foregoing appropriation item 100-451, Minority Affairs, 45,303
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an access 45,305
point and official representation to multi-cultural communities; 45,306
research and reports on multi-cultural issues; and educational, 45,307
governmental, and other services that foster multi-cultural 45,308
opportunities and understanding in the state of Ohio. 45,309
Minority Business Enterprises (MBEs) and Disadvantaged 45,311
Business Enterprises (DBEs) Predicate Study 45,313
During the 1999-2001 biennium, the Director of 45,315
Administrative Services shall spend $750,000 per year to contract 45,317
with outside experts to complete a predicate study based on
current legal standards that will determine whether minority- and 45,318
women-owned businesses are facing or have faced discrimination in 45,319
the marketplace that justifies a remedy. The study shall provide 45,320
a comprehensive review of procurement and construction data and 45,321
policies and an examination of the geographical commerce 45,322
activity, census data, directories, surveys, and interviews. The 45,323
study analysis shall cover the period since the enactment of Am. 45,324
Sub. H.B. 584 of the 113th General Assembly to the present.
This study must provide documentation of a factual 45,326
predicate as to whether discrimination existed or exists in the 45,327
public and private marketplace to the detriment of minority- and 45,328
women-owned firms. The study should analyze whether there is a 45,329
compelling need for the state MBE program and whether the current
program is properly designed to serve this purpose. 45,330
The Director of Administrative Services shall present the 45,332
results of this study to the Governor and the General Assembly by 45,333
1028
January 1, 2001.
Section 9.05. Central Service Agency Fund 45,335
In order to complete the migration of the licensing 45,337
applications of the professional licensing boards to a local area 45,339
network, the Director of Budget and Management may, at the 45,340
request of the Director of Administrative Services, cancel 45,341
related encumbrances in the Central Service Agency Fund (Fund 45,342
115) and reestablish these encumbrances in fiscal year 2000 for 45,343
the same purpose and to the same vendor. The Director of Budget 45,344
and Management shall reduce the appropriation balance in fiscal 45,345
year 1999 by the amount of encumbrances canceled in Fund 115. As 45,346
determined by the Director of Budget and Management, the 45,347
appropriation authority necessary to reestablish such 45,348
encumbrances or parts of encumbrances in fiscal year 2000 in the 45,349
Central Service Agency Fund (Fund 115) is hereby appropriated. 45,350
The Director of Budget and Management may transfer up to 45,352
$750,000 in fiscal year 2000 and up to $750,000 in fiscal year 45,353
2001 from the Occupational Licensing and Regulatory Fund (Fund 45,354
4K9) to the Central Service Agency Fund (Fund 115). The Director 45,355
of Budget and Management may transfer up to $300,000 in fiscal 45,356
year 2000 and up to $300,000 in fiscal year 2001 from the State 45,357
Medical Board Operating Fund (Fund 5C6) to the Central Service 45,358
Agency Fund (Fund 115). The appropriation item 100-632, Central 45,359
Service Agency, shall be used to purchase the necessary 45,360
equipment, products, and services to install a local area network 45,361
for the professional licensing boards, to improve processing of 45,362
their licensing applications to this fiscal year 2001. 45,364
Appropriation authority equal to the cash transfer is hereby 45,365
appropriated to appropriation item 100-632, Central Service 45,366
Agency.
Section 9.06. Tuition Reimbursement 45,368
Of the foregoing appropriation item 100-622, Human 45,370
Resources Division - Operating, $250,000 in fiscal year 2000 and 45,371
$250,000 in fiscal year 2001 shall be set aside for the District 45,372
1029
1199 Health Care Employees Tuition Reimbursement Program, per 45,373
existing collective bargaining agreements. Of the foregoing 45,374
appropriation item 100-622, Human Resources Division - Operating, 45,375
$75,000 in fiscal year 2000 and $75,000 in fiscal year 2001 shall 45,376
be set aside for the Ohio Education Association Tuition 45,377
Reimbursement Program, per existing collective bargaining 45,378
agreements. The Department of Administrative Services, with the 45,379
approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the 45,380
District 1199 Health Care Employees Tuition Reimbursement Program 45,381
and the Ohio Education Association Tuition Reimbursement Program. 45,382
Receipts for these charges shall be deposited into the Human 45,383
Resources Services Fund (Fund 125). 45,384
Innovation Ohio 45,386
Of the foregoing appropriation item 100-622, Human 45,388
Resources Division - Operating, $174,004 in fiscal year 2000 and 45,389
$178,876 in fiscal year 2001 shall be used for the Innovation 45,390
Ohio program.
Section 9.07. Collective Bargaining Arbitration Expenses 45,393
With approval of the Director of Budget and Management, the 45,395
Department of Administrative Services may seek reimbursement from 45,396
state agencies for the actual costs and expenses the department 45,397
incurs in the collective bargaining arbitration process. Such 45,398
reimbursements shall be processed through intrastate transfer 45,399
vouchers and placed in the Collective Bargaining Fund (Fund 128). 45,400
DAS Building Management 45,402
Of the foregoing appropriation item 100-631, DAS Building 45,404
Management, up to $175,000 may be used to pay office relocation 45,405
and office remodeling costs for the veterans organizations 45,406
designated in section 123.024 of the Revised Code.
Of the foregoing appropriation item 100-631, DAS Building 45,408
Management, up to $193,000 in fiscal year 2000 may be used to pay 45,409
site management and maintenance costs at the Water Tower Park 45,410
Project, formerly known as Coit Road. 45,411
1030
Workforce Development Fund 45,413
There is hereby established in the state treasury the 45,415
Workforce Development Fund (Fund 5D7). The foregoing 45,416
appropriation item 100-621, Workforce Development, shall be used 45,417
to make payments from the fund. The fund shall be under the 45,418
supervision of the Department of Administrative Services, which 45,419
may adopt rules with regard to the administration of the fund. 45,420
The fund shall be used to pay the costs of the Workforce 45,421
Development Program established by Article 37 of the contract 45,422
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 45,423
March 1, 1997. The program shall be administered in accordance 45,424
with the contract. Revenues shall accrue to the fund as 45,425
specified in the contract. The fund may be used to pay direct 45,426
and indirect costs of the program that are attributable to staff, 45,427
consultants, and service providers. All income derived from the 45,428
investment of the fund shall accrue to the fund. 45,429
If it is determined by the Director of Administrative 45,431
Services that additional appropriation amounts are necessary, the 45,432
Director of Administrative Services may request that the Director 45,433
of Budget and Management increase such amounts. Such amounts are 45,434
hereby appropriated. 45,435
Section 9.08. Payroll Withholding Fund 45,437
The foregoing appropriation item 100-629, Payroll 45,439
Deductions, shall be used to make payments from the Payroll 45,440
Withholding Fund (Fund 124). If it is determined by the Director 45,441
of Budget and Management that additional appropriation amounts 45,442
are necessary, such amounts are hereby appropriated. 45,443
Section 9.09. General Services Charges 45,445
The Department of Administrative Services, with the 45,447
approval of the Director of Budget and Management, shall 45,448
establish charges for recovering the costs of administering the 45,449
programs in the General Services Administration Fund (Fund 117) 45,450
and the State Printing Fund (Fund 210). 45,452
Section 9.10. Merchandise for Resale 45,454
1031
The foregoing appropriation item 100-653, General Services 45,456
Resale Merchandise, shall be used to account for merchandise for 45,457
resale, which is administered by the General Services Division. 45,458
Deposits to the fund may comprise the cost of merchandise for 45,459
resale and shipping fees. Notwithstanding any other language to 45,460
the contrary, the Director of Budget and Management may transfer 45,461
up to $150,000 cash from the General Services Resale Merchandise 45,462
Fund (Fund 201) to the General Services Fund (Fund 117) during 45,463
the 1999-2001 biennium. Appropriation item 100-644, General 45,464
Services Division - Operating, shall be used to pay the costs of 45,465
placing the forms distribution inventory on the internet. 45,466
Section 9.11. Unemployment Compensation Fund 45,468
The foregoing appropriation item 100-628, Unemployment 45,470
Compensation, shall be used to make payments from the 45,471
Unemployment Compensation Fund (Fund 113), pursuant to section 45,472
4141.241 of the Revised Code. If it is determined that 45,473
additional amounts are necessary, such amounts are hereby 45,474
appropriated. 45,475
Section 9.12. Governor's Residence Gift 45,477
The foregoing appropriation item 100-604, Governor's 45,479
Residence Gift, shall be used to provide part or all of the 45,480
funding related to construction, goods, or services for the 45,481
Governor's residence. All receipts for this purpose shall be 45,482
deposited into Fund 4H2. 45,483
Section 9.13. Investment Recovery Fund 45,485
Of the foregoing appropriation item 100-602, Investment 45,487
Recovery, up to $1,072,187 in fiscal year 2000 and up to 45,488
$1,057,259 in fiscal year 2001 shall be used to pay the operating 45,490
expenses of the State Surplus Property Program and the Surplus 45,491
Federal Property Program pursuant to Chapter 125. of the Revised 45,492
Code. If additional appropriations are necessary for the 45,493
operations of these programs, the Director of Administrative 45,494
Services shall seek increased appropriations from the Controlling 45,495
Board pursuant to section 131.35 of the Revised Code. 45,496
1032
Of the foregoing appropriation item 100-602, Investment 45,498
Recovery, up to $2,249,340 in fiscal year 2000 and $2,355,742 in 45,499
fiscal year 2001 shall be used to transfer proceeds from the sale 45,501
of surplus property from the Investment Recovery Fund to 45,502
non-General Revenue Funds pursuant to division (A)(2) of section 45,503
125.14 of the Revised Code. If it is determined by the Director 45,504
of Administrative Services that additional appropriations are 45,505
necessary for the transfer of such sale proceeds, the Director of 45,506
Administrative Services may request that the Director of Budget 45,507
and Management increase such amounts. Such amounts are hereby 45,508
appropriated.
Notwithstanding section 125.14 of the Revised Code, cash 45,510
balances in the Investment Recovery Fund may be used to support 45,511
the operating expenses of the Federal Surplus Property Program 45,512
created in sections 125.84 to 125.90 of the Revised Code. 45,513
Section 9.14. Departmental MIS 45,515
The foregoing appropriation item 100-603, Departmental MIS 45,517
Services, may be used to pay operating expenses of management 45,518
information systems activities in the Department of 45,519
Administrative Services. The Department of Administrative 45,520
Services shall establish charges for recovering the costs of 45,521
management information systems activities. These charges shall 45,522
be deposited to the credit of the Departmental MIS Fund (Fund 45,523
4P3), which is hereby created. 45,524
Notwithstanding any other language to the contrary, the 45,526
Director of Budget and Management may transfer up to $3,725,928 45,527
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 45,528
year 2001 appropriations from appropriation item 100-603, 45,529
Departmental MIS Services, to any Department of Administrative 45,530
Services non-General Revenue Fund appropriation item. The 45,532
appropriations transferred shall be used to make payments for 45,533
management information systems services. Notwithstanding any 45,534
other language to the contrary, the Director of Budget and 45,535
Management may transfer up to $654,383 of fiscal year 2000 45,536
1033
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 45,537
Information Services, to any Department of Administrative 45,538
Services appropriation item in the General Revenue Fund. The 45,539
appropriations transferred shall be used to make payments for 45,540
management information systems services. 45,541
Section 9.15. Telecommunications Fund 45,543
Notwithstanding any other provisions of law to the 45,545
contrary, the Telecommunications Fund (Fund 123) created in 45,546
section 125.15 of the Revised Code shall cease to exist, 45,547
effective July 1, 1999. All assets, liabilities, revenues, and 45,548
obligations associated with the Telecommunications Fund are 45,549
hereby transferred to the Computer Services Fund (Fund 133) on 45,550
the effective date of this section.
Information Technology Fund 45,552
Of the foregoing appropriation item 100-607, Information 45,554
Technology Fund, $6,840,467 in fiscal year 2000 and $5,000,000 in 45,555
fiscal year 2001 shall be used for operating expenses of the Y2K 45,556
Competency Center. These moneys may also be used to assist the 45,557
procurement of services and equipment necessary for century date 45,558
conversions.
Section 9.16. Computer Equipment Purchases 45,560
The Director of Administrative Services shall compute the 45,562
amount of revenue attributable to the amortization of all 45,563
equipment purchases from appropriation items 100-607, Information 45,564
Technology Fund; 100-617, Major Computer Purchases; and CAP-837, 45,565
Major Equipment Purchases, which is recovered by the Department 45,566
of Administrative Services as part of the rates charged by Fund 45,567
133, Information Technology Fund. The Director of Budget and 45,568
Management may transfer this cash from Fund 133, Information 45,569
Technology Fund, to Fund 4N6, Equipment Purchases. 45,570
Section 9.17. Multi-Agency Radio Communication System Debt 45,572
Service Payments 45,573
The Director of Administrative Services, in consultation 45,575
1034
with the Multi-Agency Radio Communication System (MARCS) Steering 45,576
Committee and the Director of Budget and Management, shall 45,577
determine the share of debt service payments attributable to 45,578
spending for MARCS components that are not specific to any one 45,579
agency and that shall be charged to agencies supported by the 45,580
motor fuel tax. Such share of debt service payments shall be 45,581
calculated for MARCS capital disbursements made beginning July 1, 45,583
1997. Within thirty days of any payment made from appropriation 45,584
item 100-447, OBA - Building Rent Payments, the Director of 45,585
Administrative Services shall certify to the Director of Budget 45,586
and Management the amount of this share. The Director of Budget 45,587
and Management shall transfer such amounts to the General Revenue 45,588
Fund from the Highway Operating Fund (Fund 002) established in 45,589
section 5735.281 of the Revised Code.
Section 9.18. General Services Refunds 45,591
The foregoing appropriation item 100-646, General Services 45,593
Refunds, shall be used to hold bid guarantee and building plans 45,595
and specifications deposits until they are refunded. The 45,596
Director of Administrative Services may request that the Director 45,597
of Budget and Management transfer cash received for the costs of 45,598
providing the building plans and specifications to contractors 45,599
from the General Services Refund Fund to Fund 131, State 45,600
Architect's Office. Prior to the transfer of cash, the Director 45,602
of Administrative Services shall certify that such amounts are in 45,603
excess of amounts required for refunding deposits and are 45,604
directly related to costs of producing building plans and 45,605
specifications. If it is determined that additional 45,606
appropriations are necessary, such amounts are hereby 45,607
appropriated.
Section 10. AAM COMMISSION ON AFRICAN AMERICAN MALES 45,609
General Revenue Fund 45,611
GRF 036-100 Personal Services $ 549,872 $ 563,069 45,615
GRF 036-200 Maintenance $ 125,750 $ 128,768 45,619
TOTAL GRF General Revenue Fund $ 675,622 $ 691,837 45,622
1035
State Special Revenue Fund Group 45,625
4H3 036-601 Commission on African 45,626
American Males -
Gifts/Grants $ 210,000 $ 210,000 45,628
TOTAL SSR State Special Revenue $ 210,000 $ 210,000 45,632
Fund Group
TOTAL ALL BUDGET FUND GROUP $ 885,622 $ 901,837 45,635
Section 11. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 45,638
General Revenue Fund 45,640
GRF 029-321 Operating Expenses $ 381,126 $ 381,126 45,645
TOTAL GRF General Revenue Fund $ 381,126 $ 381,126 45,648
TOTAL ALL BUDGET FUND GROUPS $ 381,126 $ 381,126 45,651
Operating 45,654
The Chief Administrative Officer of the House of 45,656
Representatives and the Clerk of the Senate shall determine, by 45,657
mutual agreement, which of them shall act as the fiscal agent for 45,659
the Joint Committee on Agency Rule Review.
Section 12. AGE DEPARTMENT OF AGING 45,661
General Revenue Fund 45,663
GRF 490-100 Personal Services $ 2,038,021 $ 2,010,528 45,668
GRF 490-200 Maintenance $ 898,667 $ 916,640 45,672
GRF 490-300 Equipment $ 16,633 $ 16,966 45,676
GRF 490-403 PASSPORT $ 56,400,000 $ 60,300,000 45,680
GRF 490-404 Eldercare $ 211,287 $ 155,200 45,684
GRF 490-408 STARS $ 2,037,000 $ 2,138,850 45,688
GRF 490-409 Americorps Operations $ 320,000 $ 318,000 45,692
GRF 490-410 Long-Term Care 45,694
Ombudsman $ 1,431,251 $ 1,459,876 45,696
GRF 490-411 Senior Community 45,698
Services $ 13,843,032 $ 14,168,112 45,700
GRF 490-412 Residential State 45,702
Supplement $ 12,000,000 $ 12,800,000 45,704
GRF 490-414 Alzheimers Respite $ 3,027,217 $ 4,527,217 45,708
1036
GRF 490-418 Area Agency on Aging 45,710
Region 9, Inc. $ 77,036 $ 0 45,713
GRF 490-499 Senior Employment 45,715
Program $ 15,504 $ 15,892 45,717
GRF 490-504 Senior Facilities $ 366,354 $ 375,146 45,721
GRF 490-506 Senior Volunteers $ 495,541 $ 506,714 45,725
TOTAL GRF General Revenue Fund $ 93,177,543 $ 99,709,141 45,728
General Services Fund Group 45,731
480 490-606 Senior Citizens 45,734
Services Special
Events $ 347,422 $ 355,760 45,736
TOTAL GSF General Services Fund 45,737
Group $ 347,422 $ 355,760 45,740
Federal Special Revenue Fund Group 45,743
3C4 490-607 PASSPORT $ 115,382,758 $ 125,869,741 45,748
3M3 490-611 Federal Aging 45,750
Nutrition $ 23,487,872 $ 25,010,161 45,752
3M4 490-612 Federal Supportive 45,754
Services $ 16,806,644 $ 18,537,855 45,756
3R7 490-617 Americorps Programs $ 6,116,058 $ 6,408,865 45,760
322 490-618 Older Americans 45,762
Support Services $ 11,054,648 $ 11,946,028 45,765
TOTAL FED Federal Special Revenue 45,766
Fund Group $ 172,847,980 $ 187,772,650 45,769
State Special Revenue Fund Group 45,772
4C4 490-609 Regional Long-Term 45,775
Care Ombudsman 45,776
Program $ 420,614 $ 430,709 45,778
4H1 490-603 Aging Services $ 681,087 $ 697,433 45,782
4J4 490-610 PASSPORT/Residential 45,784
State Supplement $ 24,000,000 $ 24,000,000 45,786
4U9 490-602 PASSPORT Fund $ 7,300,000 $ 7,500,000 45,790
TOTAL SSR State Special Revenue 45,791
Fund Group $ 32,401,701 $ 32,628,142 45,794
1037
TOTAL ALL BUDGET FUND GROUPS $ 298,774,646 $ 320,465,693 45,797
Section 12.01. Pre-Admission Review for Nursing Facility 45,800
Admission 45,801
Pursuant to sections 5101.751 and 5101.754 of the Revised 45,804
Code and an interagency agreement, the Department of Human 45,805
Services shall designate the Department of Aging to perform 45,807
assessments under sections 5101.75 and 5111.204 of the Revised 45,809
Code. Of the foregoing appropriation item 490-403, PASSPORT, the 45,811
Department of Aging may use not more than $2,200,000 in fiscal 45,812
year 2000 and $2,332,000 in fiscal year 2001 to perform the 45,814
assessments for persons not eligible for Medicaid in accordance 45,815
with the department's interagency agreement with the Department 45,817
of Human Services in fiscal year 2000 and with the Department of 45,818
Job and Family Services in fiscal year 2001 and to assist
individuals in planning for their long-term health care needs. 45,820
Section 12.02. PASSPORT 45,822
Appropriation item 490-403, PASSPORT, and the amounts set 45,824
aside for the PASSPORT Waiver Program in appropriation item 45,825
490-610, PASSPORT/Residential State Supplement, may be used to 45,827
assess clients regardless of Medicaid eligibility. 45,828
The Director of Aging shall adopt rules in accordance with 45,830
section 111.15 of the Revised Code governing the nonwaiver funded 45,831
PASSPORT program, including client eligibility. 45,832
The Department of Aging shall administer the Medicaid 45,834
Waiver funded PASSPORT Home Care program as delegated by the 45,835
Department of Human Services in an interagency agreement. The 45,836
foregoing appropriation items 490-403, PASSPORT, 490-603, Aging 45,837
Services, and the amounts set aside for the PASSPORT Waiver 45,839
Program in appropriation item 490-610, PASSPORT/Residential State 45,840
Supplement, shall be used to provide the required state match for 45,842
federal Medicaid funds supporting the Medicaid Waiver funded 45,843
PASSPORT Home Care program. Appropriation item 490-403, 45,844
PASSPORT, and the amounts set aside for the PASSPORT Waiver 45,845
Program in appropriation item 490-610, PASSPORT/Residential State 45,846
1038
Supplement, may also be used to support the Department of Aging's 45,848
administrative costs associated with operating the PASSPORT 45,849
program.
The foregoing appropriation item 490-607, PASSPORT, shall 45,851
be used to provide the federal matching share for all PASSPORT 45,852
program costs determined by the Department of Human Services to 45,853
be eligible for Medicaid reimbursement. 45,854
Eldercare Pilot 45,856
The foregoing appropriation item 490-404, Eldercare, shall 45,859
be used to fund the existing eldercare service programs and shall 45,860
be limited to providing services to those persons who are 45,861
enrolled in these programs on the effective date of this section. 45,862
STARS 45,864
The STARS (Seniors Teaching and Reaching Students) program 45,866
shall maintain at least one program in a rural district. 45,868
Senior Community Services 45,870
The foregoing appropriation item 490-411, Senior Community 45,872
Services, shall be used for services designated by the Department 45,874
of Aging including, but not limited to, home-delivered meals, 45,876
transportation services, personal care services, respite 45,878
services, home repair, and care coordination. The Department of 45,880
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 45,882
income, frail, and cognitively impaired persons age 60 and over. 45,884
The department shall promote cost sharing by service recipients 45,886
for those services funded with block grant funds, including, 45,888
where possible, sliding-fee scale payment systems based on the 45,890
income of service recipients.
Of the foregoing appropriation item 490-411, Senior 45,892
Community Services, $100,000 in each fiscal year shall be for the 45,893
Visiting Nurses Association of Cleveland. 45,894
Of the foregoing appropriation item 490-411, Senior 45,896
Community Services, $98,000 in each fiscal year shall be for the 45,897
Parma Nutrition Program.
1039
Of the foregoing appropriation item 490-411, Senior 45,899
Community Services, $100,000 in each fiscal year shall be for the 45,900
provision of transportation services for seniors by Jewish 45,901
Federations around the state. 45,902
Alzheimers Respite 45,904
The foregoing appropriation item 490-414, Alzheimers 45,906
Respite, shall be used only to fund Alzheimer's disease services 45,908
under section 173.04 of the Revised Code.
Residential State Supplement 45,910
Of the foregoing appropriation item 490-412, Residential 45,912
State Supplement, $800,000 in fiscal year 2001 shall be used to 45,913
increase, by at least $24, both the monthly benefit payments to 45,915
Residential State Supplement recipients and the allowable fee the 45,916
Residential State Supplement recipient pays to the provider of 45,917
the approved living arrangement.
Under the Residential State Supplement Program, $850 shall 45,920
be the amount used for determining whether a resident of a 45,921
residential care facility, as defined in section 3721.01 of the 45,923
Revised Code, is eligible for payments under the program and for 45,924
determining the amount per month an eligible resident will 45,925
receive. The Departments of Aging and Human Services shall 45,926
reflect this amount in any applicable rules the departments adopt 45,927
under section 173.35 of the Revised Code. 45,928
The $850 amount shall be increased by at least $24 to 45,930
reflect the $800,000 increase in funding for the Residential 45,931
State Supplement program set aside in fiscal year 2001 in 45,932
appropriation item 490-412.
Transfer of Residential State Supplement Appropriations 45,934
The Department of Aging may transfer cash by intrastate 45,936
transfer vouchers from the foregoing appropriation items 490-412, 45,938
Residential State Supplement, and 490-610, PASSPORT/Residential 45,940
State Supplement, to the Department of Human Services' Fund 4J5, 45,942
Home and Community-Based Services for the Aged Fund. The funds 45,944
shall be used to make benefit payments to Residential State 45,946
1040
Supplement recipients.
Long-Term Care Ombudsman 45,948
The foregoing appropriation item 490-410, Long-Term Care 45,950
Ombudsman, shall be used for a program to fund ombudsman program 45,953
activities in nursing homes, adult care facilities, boarding 45,954
homes, and home and community care services. 45,955
Senior Volunteers 45,957
Of the foregoing appropriation item 490-506, Senior 45,959
Volunteers, in fiscal year 2000, $232,904 shall be for the 45,960
Retired Senior Volunteer Program, $113,975 shall be for the 45,961
Foster Grandparent Program, and $148,662 shall be for the Senior 45,962
Companion Program. In fiscal year 2001, $238,156 shall be for
the Retired Senior Volunteer Program, $116,544 shall be for the 45,963
Foster Grandparent Program, and $152,014 shall be for the Senior 45,964
Companion Program.
Regional Long-Term Care Ombudsman Programs 45,966
The foregoing appropriation item 490-609, Regional 45,968
Long-Term Care Ombudsman Programs, shall be used solely to pay 45,971
the costs of operating the regional long-term care ombudsman 45,972
programs.
PASSPORT/Residential State Supplement 45,974
Of the foregoing appropriation item 490-610, 45,976
PASSPORT/Residential State Supplement, up to $2,835,000 each 45,977
fiscal year shall be used to fund the Residential State 45,979
Supplement program. The remaining available funds shall be used 45,980
to fund the PASSPORT program. 45,981
Section 12.03. Residential State Supplement 45,983
If the Department of Aging, in consultation with the 45,985
Director of Budget and Management, determines that available 45,986
funding is insufficient to make payments to all eligible 45,987
individuals, the department may establish priority policies to 45,988
further limit eligibility criteria. 45,989
Transfer of Appropriations - Federal Aging Nutrition, 45,991
Federal Supportive Services, and Older Americans Support Services 45,993
1041
Upon written request of the Director of the Department of 45,995
Aging, the Director of Budget and Management may transfer 45,997
appropriation authority among line items 490-611, Federal Aging 45,999
Nutrition, 490-612, Federal Supportive Services, and 490-618, 46,001
Older Americans Support Services, in amounts not to exceed 30 per
cent of the appropriation from which the transfer is made. The 46,003
Department of Aging shall report such transfers to the 46,005
Controlling Board at the next regularly scheduled meeting of the 46,007
board.
Americorps 46,009
The foregoing appropriation items 490-409, Americorps 46,011
Operations, and 490-617, Americorps Programs, shall be used in 46,013
accordance with section 121.40 of the Revised Code. 46,014
Section 12.04. As used in this section, "PASSPORT Program" 46,016
means the program created by section 173.40 of the Revised Code. 46,017
Not later than ninety days after the effective date of this 46,019
section, the Department of Aging shall begin a study to determine 46,020
the best means of increasing reimbursement rates for providers of 46,021
adult day-care services under the PASSPORT Program. In making 46,022
the determination, the department shall recognize the differences 46,023
between core, enhanced, and intensive levels of care provided by 46,024
providers of adult day-care services due to the acuity levels of 46,025
clients and other factors. The department shall exclude 46,026
transportation and bathing from adult day-care services in the 46,027
study. The department shall include in the study a proposal to 46,028
increase reimbursement rates for the three different levels of 46,029
care and a fiscal analysis of the proposed increased rates. 46,030
Section 13. AGR DEPARTMENT OF AGRICULTURE 46,032
General Revenue Fund 46,034
GRF 700-321 Operating Expenses $ 3,238,140 $ 3,257,801 46,039
GRF 700-401 Animal Disease 46,041
Control $ 4,068,075 $ 4,058,066 46,043
GRF 700-402 Amusement Ride Safety $ 324,839 $ 320,887 46,047
GRF 700-403 Milk Lab Program $ 1,625,380 $ 1,626,907 46,051
1042
GRF 700-404 Ohio Proud $ 268,859 $ 271,720 46,055
GRF 700-405 Animal Damage Control $ 110,493 $ 111,135 46,059
GRF 700-406 Consumer Analytical 46,061
Lab $ 828,046 $ 817,680 46,063
GRF 700-407 Foods, Dairies, and 46,065
Drugs $ 1,528,717 $ 1,519,869 46,067
GRF 700-409 Farmland Preservation $ 188,942 $ 188,892 46,071
GRF 700-410 Plant Industry $ 1,669,128 $ 1,652,998 46,075
GRF 700-411 International Trade 46,077
and Market
Development $ 1,175,427 $ 1,176,063 46,079
GRF 700-412 Weights and Measures $ 1,064,691 $ 1,066,207 46,083
GRF 700-413 Gypsy Moth Prevention $ 384,232 $ 384,864 46,087
GRF 700-415 Poultry Inspection $ 296,552 $ 297,964 46,091
GRF 700-424 Livestock Testing and 46,093
Inspections $ 250,839 $ 255,659 46,095
GRF 700-499 Meat Inspection Match $ 4,651,662 $ 4,604,566 46,099
GRF 700-501 County Agricultural 46,101
Societies $ 455,900 $ 466,842 46,103
GRF 700-503 Swine and Cattle 46,105
Breeder Awards $ 121,250 $ 124,160 46,107
TOTAL GRF General Revenue Fund $ 22,251,172 $ 22,202,280 46,110
Federal Special Revenue Fund Group 46,113
3J4 700-607 Indirect Cost $ 785,968 $ 783,080 46,118
3R2 700-614 Federal Plant 46,120
Industry $ 506,539 $ 492,198 46,122
326 700-618 Meat Inspection 46,124
Service $ 4,451,662 $ 4,444,566 46,126
336 700-617 Ohio Farm Loan 46,128
Revolving Fund $ 194,180 $ 194,180 46,130
382 700-601 Cooperative Contracts $ 697,631 $ 712,631 46,134
TOTAL FED Federal Special Revenue 46,135
Fund Group $ 6,635,980 $ 6,626,655 46,138
State Special Revenue Fund Group 46,141
1043
4C9 700-605 Feed, Fertilizer, and 46,144
Lime Inspection $ 791,987 $ 767,311 46,146
4E4 700-606 Utility Radiological 46,148
Safety $ 100,211 $ 99,733 46,150
4P7 700-610 Food Safety $ 237,871 $ 237,453 46,154
4R0 700-636 Ohio Proud Marketing $ 26,291 $ 26,922 46,158
4R2 700-637 Dairy Inspection Fund $ 2,293,385 $ 2,286,261 46,162
4T6 700-611 Poultry and Meat 46,164
Inspection $ 67,002 $ 66,751 46,166
4T7 700-613 International Trade 46,168
Fund $ 29,446 $ 30,153 46,170
4V0 700-602 License Fees $ 33,158 $ 33,954 46,174
4V5 700-615 Animal Industry Lab 46,176
Fund $ 13,146 $ 13,461 46,178
493 700-603 Fruits and Vegetables $ 377,621 $ 377,596 46,182
494 700-612 Agricultural 46,184
Commodity Marketing
Program $ 217,206 $ 222,419 46,186
496 700-626 Ohio Grape Industries $ 534,519 $ 531,474 46,190
497 700-627 Commodity Handlers 46,192
Regulatory Program $ 853,883 $ 850,342 46,194
5H2 700-608 Metrology Lab $ 56,412 $ 57,766 46,198
578 700-620 Ride Inspection Fees $ 419,220 $ 403,787 46,202
579 700-630 Scale Certification $ 237,387 $ 237,507 46,206
652 700-634 Laboratory Services $ 1,030,008 $ 1,037,518 46,210
669 700-635 Pesticide Program $ 1,552,133 $ 1,532,077 46,214
TOTAL SSR State Special Revenue
Fund Group $ 8,870,886 $ 8,812,485 46,217
TOTAL ALL BUDGET FUND GROUPS $ 37,758,038 $ 37,641,420 46,220
Nursery Field Inspectors 46,223
Of the foregoing appropriation item 700-410, Plant 46,225
Industry, $100,000 in each fiscal year shall be used for nursery 46,226
field inspectors.
Poultry Inspector 46,228
1044
Of the foregoing appropriation item 700-415, Poultry 46,230
Inspection, $35,000 in each fiscal year shall be used to pay for 46,231
an additional poultry inspector.
Ohio Cattletrax Network 46,233
Of the foregoing appropriation item 700-424, Livestock 46,235
Testing and Inspections, $50,000 in each fiscal year shall be 46,236
used for the Ohio Cattletrax Network. 46,237
Exotic Meat Inspection 46,239
Of the foregoing appropriation item 700-499, Meat 46,241
Inspection Match, $10,000 in fiscal year 2000 and $10,000 in 46,242
fiscal year 2001 shall be used for the inspection of exotic meat. 46,243
Section 14. AIR AIR QUALITY DEVELOPMENT AUTHORITY 46,245
Agency Fund Group 46,247
4Z9 898-602 Small Business 46,250
Ombudsman $ 204,600 $ 209,579 46,252
5A0 898-603 Small Business 46,254
Assistance $ 184,140 $ 188,500 46,256
570 898-601 Operating Expenses $ 217,732 $ 223,000 46,260
TOTAL AGY Agency Fund Group $ 606,472 $ 621,079 46,263
TOTAL ALL BUDGET FUND GROUPS $ 606,472 $ 621,079 46,266
Section 15. ADA DEPARTMENT OF ALCOHOL AND 46,269
DRUG ADDICTION SERVICES 46,270
General Revenue Fund 46,272
GRF 038-321 Operating Expenses $ 1,549,614 $ 2,532,505 46,277
GRF 038-401 Alcohol and Drug 46,279
Addiction Services $ 32,481,379 $ 32,818,617 46,281
GRF 038-404 Prevention Services $ 1,589,136 $ 1,455,436 46,285
TOTAL GRF General Revenue Fund $ 35,620,129 $ 36,806,558 46,288
Federal Special Revenue Fund Group 46,291
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 46,296
3G4 038-614 Substance Abuse Block 46,298
Grant $ 61,964,608 $ 61,964,607 46,300
3H8 038-609 Demonstration Grants $ 2,999,879 $ 2,355,089 46,304
3J8 038-610 Medicaid $ 21,500,000 $ 21,500,000 46,308
1045
3N8 038-611 Administrative 46,310
Reimbursement $ 932,509 $ 335,703 46,312
TOTAL FED Federal Special Revenue 46,313
Fund Group $ 91,749,561 $ 90,507,964 46,316
State Special Revenue Fund Group 46,319
4C5 038-606 Revolving 46,322
Loans/Recovery Homes $ 20,460 $ 20,972 46,324
475 038-621 Statewide Treatment 46,326
and Prevention $ 15,897,330 $ 16,338,475 46,328
5B7 038-629 TANF Transfer - 46,330
Treatment $ 1,500,000 $ 2,000,000 46,332
5E8 038-630 TANF Transfer - 46,334
Mentoring $ 123,864 $ 271,424 46,336
689 038-604 Education and 46,338
Conferences $ 255,516 $ 260,624 46,340
TOTAL SSR State Special Revenue 46,341
Fund Group $ 17,797,170 $ 18,891,495 46,344
TOTAL ALL BUDGET FUND GROUPS $ 145,166,860 $ 146,206,017 46,347
Operating Expenses 46,350
Of the foregoing appropriation item 038-321, Operating 46,352
Expenses, $1,000,000 in fiscal year 2001 shall be set aside for 46,353
the operations of the Allman Building and the Eyman Building at 46,354
the Massillon Psychiatric Center.
Vocational Rehabilitation Services Agreement 46,356
The Department of Alcohol and Drug Addiction Services and 46,358
the Rehabilitation Services Commission shall enter into an 46,359
interagency agreement for the provision of vocational 46,360
rehabilitation services and staff to mutually eligible clients. 46,361
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, an amount up to $171,395 in fiscal year 2000 46,363
and $171,395 in fiscal year 2001 may be transferred to the 46,364
Rehabilitation Services Commission appropriation item 415-618, 46,365
Third Party Funding, to provide vocational rehabilitation 46,366
services and staff in accordance with the interagency agreement. 46,367
1046
Treatment Services Expansion 46,369
Of the foregoing appropriation item 038-401, Alcohol and 46,371
Drug Addiction Services, $5,000,000 in fiscal year 2000 and 46,373
$5,000,000 in fiscal year 2001 shall be used by the Department of 46,375
Alcohol and Drug Addiction Services to expand community-based 46,376
treatment of nonviolent offenders, rural treatment services, and 46,377
treatment services to persons under 100 per cent of the federal
poverty guidelines. 46,378
Funding for the Client Engagement and Treatment Outcomes 46,380
Study
Of the foregoing appropriation item 038-401, Alcohol and 46,382
Drug Addiction Services, $150,000 in fiscal year 2000 and 46,383
$150,000 in fiscal year 2001 shall be used to fund the study 46,385
required in this section under the heading "Client Engagement and 46,386
Treatment Outcomes Study." The funds shall be allocated to
participating boards for the cost of data collection, 46,387
professional contact with discharged clients, and providing 46,388
non-Medicaid reimbursable supports or services to clients, which 46,389
will aid in relapse prevention or client re-engagement, if 46,390
relapse has occurred. The Department shall use no more than five 46,391
per cent of these funds for administration.
Alcohol and Drug Addiction Services Transfer 46,393
The foregoing appropriation item 038-629, TANF 46,395
Transfer-Treatment, shall be used to provide substance abuse 46,396
prevention and treatment services to children, or their families, 46,397
whose income is at or below 200 per cent of the official income 46,398
poverty guideline. 46,399
The foregoing appropriation item 038-630, TANF 46,401
Transfer-Mentoring, shall be used to fund adolescent youth 46,402
mentoring programs for children, or their families, whose income 46,403
is at or below 200 per cent of the official income poverty 46,404
guideline. The Director of Alcohol and Drug Addiction Services 46,405
and the Directors of Human Services and Job and Family Services 46,407
shall develop operating and reporting guidelines for these 46,408
1047
programs.
Community Treatment Services 46,410
Of the foregoing appropriation item 038-401, Alcohol and 46,412
Drug Addiction Services, $100,000 in each fiscal year shall go to 46,413
the Stark County Alcohol and Drug Addiction Services Center to 46,414
provide treatment services. 46,415
Of the foregoing appropriation item 038-401, Alcohol and 46,417
Drug Addiction Services, $400,000 in each fiscal year shall go to 46,418
the Bellfaire/Jewish Children's Bureau to provide substance abuse 46,419
treatment services.
Of the foregoing appropriation item 038-401, Alcohol and 46,421
Drug Addiction Services, $75,000 in each fiscal year shall be for 46,422
the Talbert House.
Parent Awareness Task Force 46,424
The Parent Awareness Task Force shall study ways to engage 46,426
more parents in activities, coalitions, and educational programs 46,427
in Ohio relating to alcohol and other drug abuse prevention. Of 46,428
the foregoing appropriation item 038-404, Prevention Services, 46,429
$30,000 in each fiscal year may be used to support the functions 46,430
of the Parent Awareness Task Force.
Prevention Services 46,432
Of the foregoing appropriation item 038-404, Prevention 46,434
Services, $160,000 in fiscal year 2000 shall be distributed in 46,435
equal shares to all Urban Minority Alcohol and Drug Abuse 46,436
Outreach Programs in the state.
Fund Adjustments 46,438
Effective July 1, 1999, or as soon thereafter as possible, 46,440
the Director of Budget and Management shall transfer the cash 46,442
balance in the Driver's Treatment and Intervention Fund (Fund 46,443
474), which is abolished in division (L)(2)(a) of section 46,444
4511.191 of the Revised Code, as amended by this act, to the
Statewide Treatment and Prevention Fund (Fund 475), which is 46,446
created in section 4301.30 of the Revised Code and was formerly 46,447
named the Alcoholism Detoxification Centers Fund. The director
1048
shall cancel any existing encumbrances against appropriation item 46,449
038-628, DWI Treatment (Fund 474), and reestablish them against 46,450
appropriation item 038-621, Statewide Treatment and Prevention,
Fund 475. The amounts of the reestablished encumbrances are 46,451
hereby appropriated. 46,452
Client Engagement and Treatment Outcomes Study 46,455
(A) Not later than thirty days after the effective date of 46,457
this section, the Department of Alcohol and Drug Addiction 46,458
Services shall convene a study council for the purpose of 46,459
studying client engagement and treatment outcomes. The council 46,460
shall include, at a minimum, representatives of at least four 46,461
different boards of alcohol, drug addiction, and mental health 46,462
services serving urban and rural alcohol, drug addiction, and 46,463
mental health service districts; representatives of certified 46,464
alcohol and drug addiction programs under contract with boards of 46,465
alcohol, drug addiction, and mental health services to provide 46,466
comprehensive addiction services; and other professionals with 46,467
interest or expertise in client engagement and treatment 46,468
outcomes. The department shall recruit persons who have 46,469
successfully completed the treatment goals of an individualized 46,470
treatment plan developed by the type of alcohol and drug 46,471
addiction program represented on the council to volunteer as 46,472
subjects of the study. As a condition of volunteering to be a 46,473
subject, a person must consent in accordance with section 3793.13 46,474
of the Revised Code to the study council receiving and using in 46,475
the study the person's records and information that otherwise are 46,476
confidential under that section.
(B) The study council shall do all of the following: 46,478
(1) Conduct the study for two years; 46,480
(2) Design the study; 46,482
(3) Use at least the following methodologies in conducting 46,484
the study: 46,485
(a) Having a professional contact a subject of the study 46,487
on the fifteenth, thirtieth, sixtieth, one hundred eightieth, and 46,488
1049
three hundred sixtieth day after the subject's discharge from 46,490
treatment;
(b) In the case of a subject involved in the criminal 46,492
justice system, having a review conducted of court-ordered 46,493
testing and other existing records available to the council; 46,494
(c) Having a subject's family, neighbors, or employer 46,496
contacted if the subject gives permission for the contact. 46,497
(4) Establish requirements for the study's conduct, 46,499
including the method of collecting data and analyzing the data; 46,500
(5) Collect data with which to measure outcome variables, 46,502
including relapse, criminal recidivism, and employment status 46,503
among the subjects of the study; 46,504
(6) Determine the most successful means of, and time 46,506
frames for, intervening with the subjects of the study after 46,507
discharge from alcohol and drug addiction treatment to prevent 46,508
relapse, maximize life stability, and, in the case of subjects 46,509
who relapse, intervene as early as possible to assist them in 46,510
participating in appropriate services and activities; 46,511
(7) Recommend changes to existing statewide clinical 46,513
protocols and quality standards for publicly funded alcohol and 46,514
drug addiction treatment services with the goal of reducing rates 46,515
of relapse after treatment discharge; 46,516
(8) Issue progress reports to the department as required 46,518
by the department; 46,519
(9) Not later than ninety days after the conclusion of the 46,521
study, issue a final report to the department, the Speaker and 46,522
Minority Leader of the House of Representatives, and the 46,523
President and Minority Leader of the Senate. The final report 46,524
shall contain the council's recommendations for changes to state 46,525
law and rules with the goal of improving clinical quality and 46,526
reducing rates of relapse following treatment discharge. 46,527
(C) The study council shall cease to exist on completion 46,529
of its final report. 46,530
(D) The department shall look for and pursue funding 46,532
1050
available to support the work of the study council, including any 46,533
funding available from the United States Substance Abuse and 46,534
Mental Health Services Administration and private charitable 46,535
foundations.
Section 16. AMB AMBULANCE LICENSING BOARD 46,537
General Services Fund Group 46,539
4N1 915-601 Operating Expenses $ 238,563 $ 235,570 46,544
TOTAL GSF General Services 46,545
Fund Group $ 238,563 $ 235,570 46,548
TOTAL ALL BUDGET FUND GROUPS $ 238,563 $ 235,570 46,551
Section 17. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 46,554
General Services Fund Group 46,556
4K9 891-609 Operating Expenses $ 430,407 $ 430,473 46,561
TOTAL GSF General Services Fund 46,562
Group $ 430,407 $ 430,473 46,565
TOTAL ALL BUDGET FUND GROUPS $ 430,407 $ 430,473 46,568
Section 18. ART OHIO ARTS COUNCIL 46,572
General Revenue Fund 46,574
GRF 370-100 Personal Services $ 2,152,354 $ 2,183,954 46,579
GRF 370-200 Maintenance $ 565,024 $ 578,585 46,583
GRF 370-300 Equipment $ 33,500 $ 34,304 46,587
GRF 370-502 Program Subsidies $ 13,705,728 $ 13,482,842 46,591
TOTAL GRF General Revenue Fund $ 16,456,606 $ 16,279,685 46,594
General Services Fund Group 46,597
4B7 370-603 Per Cent for Art 46,600
Acquisitions $ 81,066 $ 83,012 46,602
460 370-602 Gifts and Donations $ 121,661 $ 124,368 46,606
TOTAL GSF General Services Fund 46,607
Group $ 202,727 $ 207,380 46,610
Federal Special Revenue Fund Group 46,613
314 370-601 Federal Programs $ 664,600 $ 664,600 46,618
TOTAL FED Federal Special Revenue 46,619
Fund Group $ 664,600 $ 664,600 46,622
TOTAL ALL BUDGET FUND GROUPS $ 17,323,933 $ 17,151,665 46,625
1051
Program Subsidies 46,628
A museum is not eligible to receive funds from 46,630
appropriation item 370-502, Program Subsidies, if $8,000,000 or 46,631
more in capital appropriations were appropriated by the state for 46,632
the museum between January 1, 1986, and December 31, 2000. 46,633
Per Cent for Art Acquisitions 46,635
The unobligated balance remaining from prior projects of 46,637
appropriation item 370-603, Per Cent for Art Acquisitions, shall 46,639
be used by the Ohio Arts Council to pay for start-up costs in 46,640
connection with the selection of artists of new Per Cent for Art 46,641
projects.
In accordance with section 3379.10 of the Revised Code, the 46,643
Director of Budget and Management shall determine which 46,644
appropriations in this act are subject to the Per Cent for the 46,645
Arts Program. Not later than forty-five days after the effective 46,646
date of this section, the Director of Budget and Management shall 46,647
submit to the Director of the Ohio Arts Council and the 46,648
Controlling Board a report detailing the affected capital 46,649
projects by agency and appropriation item number, the amount of 46,651
the appropriation, and the amount of the appropriation reserved 46,652
for the Per Cent for the Arts Program.
Section 19. AFC OHIO ARTS AND SPORTS FACILITIES 46,655
COMMISSION 46,656
General Revenue Fund 46,658
GRF 371-321 Operating Expenses $ 908,925 $ 940,557 46,663
GRF 371-401 Lease Rental Payments $ 24,400,000 $ 32,600,000 46,667
TOTAL GRF General Revenue Fund $ 25,308,925 $ 33,540,557 46,670
General Services Fund Group 46,673
4T8 371-601 Riffe Theatre 46,676
Equipment Maintenance $ 21,622 $ 22,141 46,678
TOTAL GSF General Services Fund 46,679
Group $ 21,622 $ 22,141 46,682
TOTAL ALL BUDGET FUND GROUPS $ 25,330,547 $ 33,562,698 46,685
Capital Donations Fund 46,688
1052
The Executive Director of the Arts and Sports Facilities 46,690
Commission shall certify to the Director of Budget and Management 46,691
the amount of cash receipts and related investment income, 46,692
irrevocable letters of credit from a bank or private nonprofit 46,693
entity, or certification of the availability of funds which have 46,694
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 46,695
appropriation item 371-602, Capital Donations. Prior to 46,697
certifying these amounts to the director, the executive director 46,698
shall make a written agreement with the participating entity on 46,699
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 46,700
Capital Donations Fund Refunds 46,702
At the request of the Arts and Sports Facilities 46,704
Commission, the Director of Budget and Management shall cancel 46,705
current and prior-year encumbrances in appropriation item 46,706
371-602, Capital Donations Fund, which are no longer needed for a 46,707
project to refund excess donations as authorized in section
3383.08 of the Revised Code. As determined by the Director of 46,708
Budget and Management, the appropriation authority necessary to 46,709
make the refund is hereby appropriated. 46,710
Ohio Building Authority Lease Payments 46,712
Appropriations to the Arts and Sports Facilities Commission 46,714
from the General Revenue Fund include $57,000,000 for the 46,715
biennium for appropriation item 371-401, Lease Rental Payments. 46,716
This appropriation shall be used for payments to the Ohio 46,717
Building Authority for the period July 1, 1999, to June 30, 2001, 46,718
pursuant to the primary leases and agreements for those buildings 46,719
made under Chapter 152. of the Revised Code which are the source 46,720
of funds pledged for bond service charges on related obligations 46,721
issued pursuant to Chapter 152. of the Revised Code. 46,722
Section 20. ATH ATHLETIC COMMISSION 46,724
Special Services Fund Group 46,726
1053
4K9 175-609 Athletic Commission - 46,729
Operating $ 137,640 $ 137,946 46,731
TOTAL GSF General Services Fund $ 137,640 $ 137,946 46,734
Group
TOTAL ALL BUDGET FUND GROUPS $ 137,640 $ 137,946 46,737
Section 21. AGO ATTORNEY GENERAL 46,740
General Revenue Fund 46,742
GRF 055-321 Operating Expenses $ 56,417,407 $ 60,440,184 46,747
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 46,751
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 46,755
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 46,759
TOTAL GRF General Revenue Fund $ 57,693,210 $ 61,751,710 46,762
General Services Fund Group 46,765
106 055-612 General Reimbursement $ 12,452,999 $ 12,810,180 46,770
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 46,774
195 055-660 Workers' Compensation 46,776
Section $ 6,646,301 $ 6,794,833 46,778
4Y7 055-608 Title Defect 46,780
Rescission $ 785,800 $ 807,141 46,782
4Z2 055-609 BCI Asset Forfeiture 46,784
and Cost
Reimbursement $ 308,400 $ 317,035 46,786
418 055-615 Charitable 46,788
Foundations $ 1,460,757 $ 1,498,158 46,790
420 055-603 Attorney General 46,792
Antitrust $ 420,108 $ 426,184 46,794
421 055-617 Police Officers' 46,796
Training Academy Fee $ 1,035,353 $ 1,062,272 46,798
5A9 055-618 Telemarketing Fraud 46,800
Enforcement $ 50,000 $ 50,000 46,802
590 055-633 Peace Officer Private 46,804
Security Fund $ 85,962 $ 90,790 46,806
629 055-636 Corrupt Activity 46,808
Investigation and
1054
Prosecution $ 100,503 $ 103,317 46,810
631 055-637 Consumer Protection 46,812
Enforcement $ 1,090,936 $ 1,103,555 46,814
TOTAL GSF General Services Fund 46,815
Group $ 25,501,778 $ 26,179,934 46,818
Federal Special Revenue Fund Group 46,820
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 46,825
3R6 055-613 Attorney General 46,827
Federal Funds $ 1,000,000 $ 1,000,000 46,829
306 055-620 Medicaid Fraud 46,831
Control $ 2,515,772 $ 2,515,772 46,833
381 055-611 Civil Rights Legal 46,835
Service $ 315,329 $ 315,329 46,837
383 055-634 Crime Victims 46,839
Assistance $ 8,000,000 $ 6,500,000 46,841
TOTAL FED Federal Special Revenue 46,842
Fund Group $ 14,481,101 $ 12,981,101 46,845
State Special Revenue Fund Group 46,848
108 055-622 Crime Victims 46,851
Compensation $ 4,039,318 $ 4,142,419 46,853
176 055-625 Victims Assistance 46,855
Office $ 374,768 $ 384,353 46,857
177 055-626 Victims Assistance 46,859
Programs $ 1,745,612 $ 1,794,489 46,861
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 46,865
417 055-621 Domestic Violence 46,867
Shelter $ 13,458 $ 13,835 46,869
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 46,873
659 055-641 Solid and Hazardous 46,875
Waste Background
Investigations $ 756,162 $ 775,535 46,877
TOTAL SSR State Special Revenue 46,878
Fund Group $ 27,408,071 $ 28,032,538 46,881
Holding Account Redistribution Fund Group 46,884
1055
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 46,889
R04 055-631 General Holding 46,891
Account $ 75,000 $ 75,000 46,893
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 46,897
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 46,901
R42 055-601 Organized Crime 46,903
Commission Account $ 200,000 $ 200,000 46,905
TOTAL 090 Holding Account 46,906
Redistribution Fund Group $ 1,040,600 $ 1,040,600 46,909
TOTAL ALL BUDGET FUND GROUPS $ 126,124,760 $ 129,985,883 46,912
Operating Expenses 46,915
Of the foregoing appropriation item 055-321, Operating 46,917
Expenses, $50,000 in fiscal year 2000 shall be distributed to the 46,918
Montgomery County Victim Offender Program. 46,919
Law-Related Education 46,921
The foregoing appropriation item 055-405, Law-Related 46,923
Education, shall be distributed directly to the Ohio Center for 46,924
Law-Related Education for the purposes of providing continuing 46,925
citizenship education activities to primary and secondary 46,926
students and accessing additional public and private money for 46,927
new programs. 46,928
Workers' Compensation Section 46,930
The Workers' Compensation Section Fund (Fund 195) shall 46,932
receive payments from the Bureau of Workers' Compensation and the 46,933
Ohio Industrial Commission at the beginning of each quarter of 46,934
each fiscal year to fund legal services to be provided to the 46,935
Bureau of Workers' Compensation and the Ohio Industrial 46,936
Commission during the ensuing quarter. Such advance payment 46,937
shall be subject to adjustment. 46,938
In addition, the Bureau of Workers' Compensation shall 46,940
transfer payments at the beginning of each quarter for the 46,941
support of the Workers' Compensation Fraud Unit. 46,942
All amounts shall be mutually agreed upon by the Attorney 46,944
General, the Bureau of Workers' Compensation, and the Ohio 46,945
1056
Industrial Commission. 46,946
Corrupt Activity Investigation and Prosecution 46,948
The foregoing appropriation item 055-636, Corrupt Activity 46,950
Investigation and Prosecution, shall be used as provided by 46,951
division (D)(2) of section 2923.35 of the Revised Code to dispose 46,952
of the proceeds, fines, and penalties credited to the Corrupt 46,953
Activity Investigation and Prosecution Fund, which is created in 46,954
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 46,955
is determined that additional amounts are necessary, the amounts 46,956
are hereby appropriated.
Section 22. AUD AUDITOR OF STATE 46,958
General Revenue Fund 46,960
GRF 070-321 Operating Expenses $ 33,329,077 $ 33,625,207 46,965
GRF 070-403 Fiscal 46,967
Watch/Emergency
Technical Assistance $ 250,000 $ 250,000 46,969
GRF 070-405 Electronic Data 46,971
Processing - Auditing
and Administration $ 850,406 $ 858,421 46,973
GRF 070-406 Uniform Accounting 46,975
Network/Technology
Improvements Fund $ 3,500,000 $ 5,500,000 46,977
TOTAL GRF General Revenue Fund $ 37,929,483 $ 40,233,628 46,980
General Services Fund Group 46,983
109 070-601 Public Audit Expense 46,986
- Intra-State $ 8,713,266 $ 8,933,768 46,988
422 070-601 Public Audit Expense 46,990
- Local Government $ 35,568,004 $ 36,472,007 46,992
584 070-603 Training Program $ 164,558 $ 168,819 46,996
675 070-605 Uniform Accounting 46,998
Network $ 1,196,458 $ 1,229,253 47,000
TOTAL GSF General Services Fund 47,001
Group $ 45,642,286 $ 46,803,847 47,004
Holding Account Redistribution Fund Group 47,007
1057
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 47,012
TOTAL 090 Holding Account 47,013
Redistribution Fund Group $ 200,000 $ 200,000 47,016
TOTAL ALL BUDGET FUND GROUPS $ 83,771,769 $ 87,237,475 47,019
Electronic Data Processing 47,022
The unencumbered balance of appropriation item 070-405, 47,024
Electronic Data Processing-Auditing and Administration, at the 47,025
end of fiscal year 2000 is hereby transferred to fiscal year 2001 47,026
for use under the same appropriation item. 47,027
Uniform Accounting Network/Technology Improvements Fund 47,029
The foregoing appropriation item 070-406, Uniform 47,031
Accounting Network/Technology Improvements Fund, shall be used to 47,032
pay the costs of the development and implementation of the 47,035
Uniform Accounting Network and technology improvements for the 47,036
Auditor of State's Office. The unencumbered balance of the 47,037
appropriation at the end of fiscal year 2000 is hereby 47,038
transferred to fiscal year 2001 to pay the costs of the 47,039
development and implementation of the Uniform Accounting Network 47,040
and technology improvements for the Auditor of State's Office. 47,041
Section 23. BRB BOARD OF BARBER EXAMINERS 47,043
General Services Fund Group 47,045
4K9 877-609 Operating Expenses $ 450,186 $ 442,657 47,050
TOTAL GSF General Services Fund 47,051
Group $ 450,186 $ 442,657 47,054
TOTAL ALL BUDGET FUND GROUPS $ 450,186 $ 442,657 47,057
Section 24. OBM OFFICE OF BUDGET AND MANAGEMENT 47,060
General Revenue Fund 47,062
GRF 042-321 Budget Development 47,065
and Implementation $ 2,250,596 $ 2,249,452 47,067
GRF 042-401 Office of Quality 47,069
Services $ 597,326 $ 581,355 47,071
GRF 042-410 National Association 47,073
Dues $ 24,360 $ 25,578 47,075
GRF 042-412 Biennial Audit $ 45,000 $ 45,000 47,079
1058
GRF 042-434 Financial Planning 47,081
Commissions $ 381,493 $ 333,795 47,083
TOTAL GRF General Revenue Fund $ 3,298,775 $ 3,235,180 47,086
General Services Fund Group 47,089
105 042-603 State Accounting $ 8,078,632 $ 8,067,780 47,094
4C1 042-601 Quality Services 47,096
Academy $ 120,000 $ 125,000 47,098
TOTAL GSF General Services Fund 47,099
Group $ 8,198,632 $ 8,192,780 47,102
TOTAL ALL BUDGET FUND GROUPS $ 11,497,407 $ 11,427,960 47,105
Transfer of Appropriations 47,108
The Director of Budget and Management may transfer 47,110
appropriations within the same fiscal year between the foregoing 47,111
appropriation items 042-321, Budget Development and 47,112
Implementation, and 042-434, Financial Planning Commissions.
Office of Quality Services 47,114
A portion of the foregoing appropriation item 042-401, 47,116
Office of Quality Services, may be used to provide financial 47,117
sponsorship support for conferences and showcases that promote 47,118
quality improvement efforts. Such expenditures are not subject 47,119
to Chapter 125. of the Revised Code.
Ohio's Quality Showcase 47,121
The Office of Quality Services may cosponsor Ohio's Quality 47,123
Showcase. The office may grant funds to other sponsoring 47,125
entities for the purpose of conducting this event, provided that 47,126
such grants are used exclusively for the direct expenses of the 47,127
event.
Any state agency, at the discretion and with the approval 47,129
of the director or other executive authority of the agency, may 47,130
provide financial or in-kind support for Ohio's Quality Showcase 47,131
cosponsored by the Office of Quality Services. Any financial 47,133
contribution made by an agency shall not exceed $3,000 annually.
Audit Costs 47,135
Of the foregoing appropriation item 042-603, State 47,137
1059
Accounting, no more than $310,000 in fiscal year 2000 and 47,138
$325,000 in fiscal year 2001 shall be used to pay for centralized 47,139
audit costs associated with either Single Audit Schedules or the 47,140
General Purpose Financial Statements for the state. 47,141
Section 25. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 47,143
General Revenue Fund 47,145
GRF 874-321 Operating Expenses $ 5,498,069 $ 4,146,007 47,150
TOTAL GRF General Revenue Fund $ 5,498,069 $ 4,146,007 47,153
General Services Fund Group 47,156
4G5 874-603 Capitol Square 47,159
Maintenance Expenses $ 952,492 $ 979,162 47,162
4S7 874-602 Statehouse Gift 47,164
Shop/Events $ 466,325 $ 471,930 47,166
4T2 874-604 Government 47,168
Television/
Telecommunications
Operating $ 318,304 $ 327,217 47,170
TOTAL GSF General Services 47,171
Fund Group $ 1,737,121 $ 1,778,309 47,174
Underground Parking Garage 47,177
208 874-601 Underground Parking 47,180
Garage Operating $ 2,349,722 $ 2,412,097 47,182
TOTAL UPG Underground Parking 47,183
Garage $ 2,349,722 $ 2,412,097 47,186
TOTAL ALL BUDGET FUND GROUPS $ 9,584,912 $ 8,336,413 47,189
Statehouse Committee Room Audio-Visual Wiring 47,192
Of the foregoing appropriation item 874-321, Operating 47,194
Expenses, $950,000 in fiscal year 2000 shall be used to install 47,195
hard wiring in the Statehouse and Senate Building committee 47,196
hearing rooms.
Capitol Square Retaining Wall 47,198
Of the foregoing appropriation item 874-321, Operating 47,200
Expenses, $500,000 in fiscal year 2000 shall be used to complete 47,201
the replacement of the Capitol Square retaining wall. 47,202
1060
Ohio News Bureau 47,204
Of the foregoing appropriation item 874-321, Operating 47,207
Expenses, $75,000 shall be used in each fiscal year to support 47,208
the Ohio Government Television's Ohio News Bureau.
Ohio Government Telecommunications 47,210
The foregoing appropriation item 874-604, Government 47,212
Television/Telecommunications Operating Fund, shall be used to 47,214
pay for the operations of the Ohio Government Telecommunications 47,215
program.
Cash Transfer to the Department of Commerce 47,217
Within 60 days of the effective date of this section, the 47,219
Director of Budget and Management shall transfer $500,000 cash 47,220
from the Capitol Square Review and Advisory Board Revival 47,221
Reimbursement Fund (Fund 4Y9) to the Department of Commerce's 47,222
Division of Administration fund (Fund 163). This cash transfer
shall be used to repay a fiscal year 1994 loan. 47,223
Section 26. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 47,225
General Services Fund Group 47,227
4K9 878-609 Operating Expenses $ 535,723 $ 521,163 47,232
TOTAL GSF General Services Fund 47,233
Group $ 535,723 $ 521,163 47,236
TOTAL ALL BUDGET FUND GROUPS $ 535,723 $ 521,163 47,239
Section 27. CIV OHIO CIVIL RIGHTS COMMISSION 47,242
General Revenue Fund 47,244
GRF 876-100 Personal Services $ 9,281,149 $ 9,467,977 47,249
GRF 876-200 Maintenance $ 1,068,519 $ 1,094,163 47,253
GRF 876-300 Equipment $ 121,033 $ 123,938 47,257
TOTAL GRF General Revenue Fund $ 10,470,701 $ 10,686,078 47,260
Federal Special Revenue Fund Group 47,263
334 876-601 Federal Programs $ 2,376,200 $ 2,381,200 47,268
TOTAL FED Federal Special Revenue 47,269
Fund Group $ 2,376,200 $ 2,381,200 47,272
State Special Revenue Fund Group 47,275
217 876-604 General Reimbursement $ 20,000 $ 20,000 47,280
1061
TOTAL SSR State Special 47,281
Revenue Fund Group $ 20,000 $ 20,000 47,284
TOTAL ALL BUDGET FUND GROUPS $ 12,866,901 $ 13,087,278 47,287
Section 28. COM DEPARTMENT OF COMMERCE 47,290
General Revenue Fund 47,292
GRF 800-402 Grants - Volunteer 47,295
Fire Departments $ 782,478 $ 819,807 47,297
Total GRF General Revenue Fund $ 782,478 $ 819,807 47,300
General Services Fund Group 47,303
163 800-620 Division of 47,306
Administration $ 4,771,766 $ 4,787,925 47,308
TOTAL GSF General Services Fund 47,309
Group $ 4,771,766 $ 4,787,925 47,312
Federal Special Revenue Fund Group 47,315
348 800-622 Underground Storage 47,318
Tanks $ 200,580 $ 195,008 47,320
348 800-624 Leaking Underground 47,322
Storage Tanks $ 1,314,605 $ 1,295,920 47,324
TOTAL FED Federal Special Revenue 47,325
Fund Group $ 1,515,185 $ 1,490,928 47,328
State Special Revenue Fund Group 47,331
4B2 800-631 Real Estate Appraisal 47,334
Recovery $ 68,500 $ 68,500 47,336
4D2 800-605 Auction Education $ 30,230 $ 30,476 47,340
4H9 800-608 Cemeteries $ 237,344 $ 243,434 47,344
4L5 800-609 Fireworks Training 47,346
and Education $ 5,000 $ 5,000 47,348
4X2 800-619 Financial 47,350
Institutions $ 1,920,385 $ 1,873,615 47,352
5B8 800-628 Auctioneers $ 347,591 $ 323,316 47,356
5B9 800-632 PI & Security Guard 47,358
Provider $ 935,159 $ 940,874 47,360
543 800-602 Unclaimed 47,362
Funds-Operating $ 4,611,007 $ 4,663,857 47,364
1062
543 800-625 Unclaimed 47,366
Funds-Claims $ 23,783,981 $ 24,354,796 47,368
544 800-612 Banks $ 5,979,092 $ 5,956,369 47,372
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 47,376
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 47,380
547 800-603 Real Estate 47,382
Education/Research $ 248,237 $ 254,194 47,384
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 47,388
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 47,392
550 800-617 Securities $ 4,675,239 $ 4,639,787 47,396
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 47,400
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 47,404
556 800-615 Industrial Compliance $ 19,321,973 $ 19,160,662 47,408
6A4 800-630 Real Estate 47,410
Appraiser-Operating $ 496,596 $ 489,207 47,412
653 800-629 UST 47,414
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 47,416
TOTAL SSR State Special Revenue 47,417
Fund Group $ 83,426,495 $ 83,551,569 47,420
Liquor Control Fund Group 47,423
043 800-321 Liquor Control 47,426
Operating $ 15,694,491 $ 14,245,821 47,428
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 47,432
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 47,436
TOTAL LCF Liquor Control 47,437
Fund Group $ 306,119,075 $ 312,805,522 47,440
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,455,751 47,443
Grants - Volunteer Fire Departments 47,446
The foregoing appropriation item 800-402, Grants - 47,448
Volunteer Fire Departments, shall be used to make annual grants 47,449
to volunteer fire departments of up to $10,000, or up to $25,000 47,450
in cases when the volunteer fire department provides service for 47,451
an area affected by a natural disaster. The program shall be 47,453
1063
administered by the Fire Marshal under the Department of 47,454
Commerce. The Fire Marshal shall issue necessary rules for the 47,455
administration and operation of this program. 47,456
Unclaimed Funds Payments 47,458
The foregoing appropriation item 800-625, Unclaimed 47,460
Funds-Claims, shall be used to pay claims pursuant to section 47,461
169.08 of the Revised Code. If it is determined that additional 47,462
amounts are necessary, the amounts are hereby appropriated. 47,463
Increased Appropriation Authority - Merchandising 47,465
The Director of Commerce may, upon concurrence by the 47,467
Director of Budget and Management, submit to the Controlling 47,468
Board for approval a request for increased appropriation 47,469
authority for appropriation item 800-601, Merchandising. 47,470
Administrative Assessments 47,472
Notwithstanding any other provision of law to the contrary, 47,474
Fund 163, Administration, shall receive assessments from all 47,475
operating funds of the department in accordance with procedures 47,476
prescribed by the Director of Commerce and approved by the 47,477
Director of Budget and Management.
Cash Balance Transfer 47,479
On July 1, 1999, or as soon thereafter as possible, the 47,481
Director of Budget and Management shall transfer the cash balance 47,482
in the Savings Bank Fund (Fund 4G8), which was abolished in this 47,483
act by the repeal of section 1163.17 of the Revised Code, to the 47,484
Savings Institutions Fund (Fund 545), which is created in this 47,485
act by the enactment of section 1181.18 of the Revised Code. The
Director shall cancel any existing encumbrances against 47,486
appropriation item 800-606, Savings Banks, and reestablish them 47,487
against appropriation item, 800-613, Savings Institutions (Fund 47,488
545). The amounts of the reestablished encumbrances are hereby 47,489
appropriated.
Section 28.01. Notwithstanding section 4735.141 of the 47,491
Revised Code, as amended by this act, all persons licensed under 47,492
sections 4735.07 and 4735.09 of the Revised Code before January 47,493
1064
1, 2001, shall submit proof satisfactory to the Superintendent of 47,494
Real Estate that the licensee has satisfactorily completed 47,495
continuing education, as prescribed by the Ohio Real Estate 47,496
Commission pursuant to section 4735.10 of the Revised Code and as 47,497
to the number of hours required under section 4735.141 of the 47,498
Revised Code, as that section existed prior to this act, in 47,499
accordance with the appropriate time period, as follows: 47,500
(A) For continuing education that, under section 4735.141 47,502
of the Revised Code, as that section existed prior to this act, 47,503
would have been due in the year 2000, on or before the licensee's 47,504
birthday in the year 2001, and on or before the licensee's 47,505
birthday every three years thereafter; 47,506
(B) For continuing education that, under section 4735.141 47,508
of the Revised Code, as that section existed prior to this act, 47,509
would have been due in the year 2001, on or before the licensee's 47,510
birthday in the year 2002, and on or before the licensee's 47,511
birthday every three years thereafter; 47,512
(C) For continuing education that, under section 4735.141 47,514
of the Revised Code, as that section existed prior to this act, 47,515
would have been due in the year 2002, on or before the licensee's 47,516
birthday in the year 2003, and on or before the licensee's 47,517
birthday every three years thereafter. 47,518
Section 29. OCC OFFICE OF CONSUMERS' COUNSEL 47,520
General Services Fund Group 47,522
5F5 053-601 Operating Expenses $ 7,114,415 $ 7,232,869 47,527
TOTAL GSF General Services 47,528
Fund Group $ 7,114,415 $ 7,232,869 47,531
TOTAL ALL BUDGET FUND GROUPS $ 7,114,415 $ 7,232,869 47,534
Section 30. CEB CONTROLLING BOARD 47,537
General Revenue Fund 47,539
GRF 911-401 Emergency 47,542
Purposes/Contingencies$ 6,372,000 $ 6,000,000 47,544
GRF 911-402 Employee Compensation 47,546
Adjustment $ 0 $ 38,000,000 47,548
1065
GRF 911-403 School District 47,550
Financial Planning $ 500,000 $ 500,000 47,552
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 47,556
GRF 911-419 Foster Caregiver 47,558
Training $ 0 $ 3,000,000 47,560
GRF 911-441 Ballot Advertising 47,562
Costs $ 800,000 $ 800,000 47,564
TOTAL GRF General Revenue Fund $ 9,672,000 $ 50,300,000 47,567
State Special Revenue Fund Group 47,569
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 47,574
TOTAL SSR State Special 47,575
Revenue Fund Group $ 20,600,000 $ 4,400,000 47,578
TOTAL ALL BUDGET FUND GROUPS $ 30,272,000 $ 54,700,000 47,581
Federal Share 47,584
In transferring appropriations to or from appropriation 47,586
items that have federal shares identified in this act, the 47,588
Controlling Board shall add or subtract corresponding amounts of 47,589
federal matching funds at the percentages indicated by the state 47,590
and federal division of the appropriations in this act. Such 47,592
changes are hereby appropriated. 47,593
Disaster Assistance 47,595
Pursuant to requests submitted by the Department of Public 47,597
Safety, the Controlling Board may approve transfers from the 47,598
foregoing appropriation item 911-401, Emergency 47,599
Purposes/Contingencies, to a Department of Public Safety General 47,600
Revenue Fund appropriation item to provide funding for assistance 47,601
to political subdivisions made necessary by natural disasters or 47,602
emergencies. Such transfers may be requested and approved prior 47,603
to the occurrence of any specific natural disasters or 47,604
emergencies in order to facilitate the provision of timely 47,605
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 47,606
that meet Controlling Board criteria for assistance. The 47,607
department shall submit a report to the Controlling Board 47,608
1066
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 47,610
The Office of Criminal Justice Services and the Public 47,612
Defender Commission may each request, upon approval of the 47,613
Director of Budget and Management, additional funds from the 47,614
foregoing appropriation item 911-401, Emergency 47,615
Purposes/Contingencies, for costs related to the disturbance that 47,616
occurred on April 11, 1993, at the Southern Ohio Correctional 47,617
Facility in Lucasville, Ohio. 47,618
Project OASIS 47,620
The Office of the Attorney General may request, upon 47,622
approval of the Director of Budget and Management, that the 47,623
Controlling Board release up to $372,000 in fiscal year 2000 from 47,624
the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project 47,625
OASIS in the event that federal funding for this program is 47,626
insufficient or delayed.
Disaster Services 47,628
The foregoing appropriation item 911-601, Disaster 47,630
Services, shall be used by the Controlling Board, pursuant to 47,632
requests submitted by state agencies, to transfer cash and 47,633
appropriation authority to any fund and appropriation line item 47,634
of the state for the payment of state agency program expenses as 47,636
follows:
(A) The southern Ohio flooding, referred to as 47,639
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 47,643
FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of 47,645
Natural Resources to be used for statewide flood mitigation 47,646
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 47,648
local governments for costs associated with tornado disaster 47,649
relief in Hamilton and Warren Counties; 47,650
1067
(E) If the Director of Budget and Management determines 47,654
that sufficient funds exist beyond the expected program costs of 47,655
these disasters, other disasters declared by the Governor. 47,657
Of the amount appropriated in fiscal year 2000 for the 47,659
foregoing appropriation item 911-601, Disaster Services, 47,660
$5,000,000 is the unencumbered and unallotted cash balance that 47,661
exists in Fund 5E2 on June 30, 1999. 47,662
Employee Compensation 47,664
Notwithstanding division (D) of section 127.14 and division 47,666
(B) of section 131.35 of the Revised Code, except for the General 47,667
Revenue Fund, the Controlling Board may, upon the request of 47,668
either the Director of Budget and Management, or a state agency 47,669
with the approval of the Director of Budget and Management, 47,670
increase appropriations for any fund, as necessary for the 47,671
various state agencies, to assist in paying the costs of 47,672
increases in employee compensation that occur on or after July 1, 47,673
2000, that are provided pursuant to collective bargaining 47,674
agreements under Chapter 4117. of the Revised Code and the costs 47,675
of increased compensation provided for employees that are exempt 47,676
from collective bargaining. 47,677
The Controlling Board may transfer appropriations from the 47,679
foregoing appropriation item 911-402, Employee Compensation 47,680
Adjustment, to the various agencies based on requests submitted 47,681
by the Director of Budget and Management to assist in paying for 47,682
the General Revenue Fund's share of employee compensation 47,683
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 47,684
compensation that are provided to employees that are exempt from 47,685
collective bargaining.
School District Financial Planning 47,687
The foregoing appropriation item 911-403, School District 47,689
Financial Planning, shall be used to pay costs of implementing 47,690
the school district watch and fiscal emergency provisions of 47,691
sections 3316.01 to 3316.08 of the Revised Code, including the 47,692
1068
expenses of the school district financial planning and 47,693
supervision commission. Upon the request of any agency involved 47,694
in implementing the school district watch or fiscal emergency 47,695
provisions, the Controlling Board may transfer all or part of the 47,697
appropriation to the agency.
Mandate Assistance 47,699
(A) The foregoing appropriation item 911-404, Mandate 47,701
Assistance, shall be used to provide financial assistance to 47,702
local units of government, school districts, and fire departments 47,704
for the cost of the following three unfunded state mandates: 47,705
(1) The cost to county prosecutors for prosecuting certain 47,707
felonies that occur on the grounds of state institutions operated 47,709
by the Department of Rehabilitation and Correction and the 47,710
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 47,712
of providing firefighter training and equipment or gear; 47,713
(3) The cost to school districts of in-service training 47,715
for child abuse detection. 47,716
(B) The State and Local Government Commission may prepare 47,718
and submit to the Controlling Board one or more requests to 47,719
transfer appropriations from appropriation item 911-404, Mandate 47,720
Assistance, to the state agencies charged with administering the 47,721
state financial assistance to be provided under this section. 47,722
The state agencies charged with this administrative 47,724
responsibility are listed below, as well as the estimated annual 47,725
amounts that the commission may propose be used for each program 47,727
of state financial assistance.
Administering Estimated Annual 47,732
Program Agency Amount 47,735
Prosecution Costs Office of Criminal 47,738
Justice Services $200,000 47,740
Firefighter Training Department of 47,742
Costs Commerce $1,000,000 47,743
1069
Child Abuse Detection Department of 47,745
Training Costs Education $800,000 47,746
(C) Subject to the total amount appropriated in each 47,749
fiscal year for appropriation item 911-404, Mandate Assistance, 47,750
the commission may propose to the Controlling Board that amounts 47,752
smaller or larger than these estimated annual amounts be 47,753
transferred to each program. 47,754
(D) In addition to making the initial transfers requested 47,756
by the commission, the Controlling Board may, if requested by the 47,758
commission, transfer appropriations received by a state agency 47,760
under this section back to appropriation item 911-404, Mandate 47,761
Assistance, or to one or more of the other programs of state 47,762
financial assistance identified under this section. 47,763
(E) It is expected that not all costs incurred by local 47,765
units of government, school districts, and fire departments under 47,766
each of the three programs of state financial assistance 47,767
identified under this section will be fully reimbursed by the 47,768
state. Reimbursement levels may vary by program and shall be 47,769
based on: the relationship between the appropriation transfers 47,770
requested by the commission and provided by the Controlling Board 47,771
for each of the programs; the rules and procedures established 47,773
for each program by the commission and the administering state 47,774
agency; and the actual costs incurred by local units of 47,776
government, school districts, and fire departments. 47,777
(F) Each of these programs of state financial assistance 47,779
shall be carried out as follows: 47,780
(1) Prosecution Costs 47,782
(a) Appropriations may be transferred to the Office of 47,784
Criminal Justice Services to cover local prosecution costs for 47,785
aggravated murder, murder, felonies of the first degree, and 47,786
felonies of the second degree that occur on the grounds of 47,787
institutions operated by the Department of Rehabilitation and 47,788
Correction and the Department of Youth Services. 47,789
(b) Upon a delinquency filing in juvenile court or the 47,791
1070
return of an indictment for aggravated murder, murder, or any 47,792
felony of the first or second degree that was committed at a 47,793
Department of Youth Services or a Department of Rehabilitation 47,794
and Correction institution, the affected county may, in 47,795
accordance with rules that the Office of Criminal Justice 47,796
Services shall adopt, apply to the Office of Criminal Justice 47,797
Services for a grant to cover all documented costs that are 47,798
incurred by the county prosecutor's office. 47,799
(c) Twice each year, the Office of Criminal Justice 47,801
Services shall designate counties to receive grants from those 47,803
counties that have submitted one or more applications in 47,804
compliance with the rules that have been adopted by the Office of 47,805
Criminal Justice Services for the receipt of such grants. In 47,806
each year's first round of grant awards, if sufficient 47,807
appropriations have been made, up to a total of $100,000 may be 47,809
awarded. In each year's second round of grant awards, the 47,810
remaining appropriations available for this purpose may be 47,811
awarded.
(d) If for a given round of grants there are insufficient 47,813
appropriations to make grant awards to all the eligible counties, 47,815
the first priority shall be given to counties with cases 47,816
involving aggravated murder and murder, second priority shall be 47,817
given to cases involving a felony of the first degree, and third 47,818
priority shall be given to cases involving a felony of the second 47,819
degree. Within these priorities, the grant awards shall be based 47,820
on the order in which the applications were received, except that 47,821
applications for cases involving a felony of the first or second 47,822
degree shall not be considered in more than two consecutive 47,823
rounds of grant awards.
(2) Firefighter Training Costs 47,825
Appropriations may be transferred to the Department of 47,827
Commerce for use as full or partial reimbursement to local units 47,828
of government and fire departments for the cost of firefighter 47,829
training and equipment or gear. In accordance with rules that 47,830
1071
the department shall adopt, a local unit of government or fire 47,831
department may apply to the department for a grant to cover all 47,832
documented costs that are incurred to provide firefighter 47,833
training and equipment or gear. The department shall make grants 47,834
within the limits of the funding provided, with priority given to 47,836
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 47,838
Appropriations may be transferred to the Department of 47,840
Education for disbursement to local school districts as full or 47,841
partial reimbursement for the cost of providing in-service 47,842
training for child abuse detection. In accordance with rules 47,843
that the department shall adopt, a local school district may 47,844
apply to the department for a grant to cover all documented costs 47,845
that are incurred to provide in-service training for child abuse 47,846
detection. The department shall make grants within the limits of 47,847
the funding provided. 47,848
Foster Caregiver Training 47,850
Upon the passage of appropriate legislation by the 123rd 47,851
General Assembly, the Department of Job and Family Services shall 47,852
request that the Controlling Board transfer up to $3,000,000 in 47,853
fiscal year 2001 from the foregoing appropriation item 911-419, 47,854
Foster Caregiver Training, for the purpose of establishing a 47,855
program of precertification and continuing training for foster
caregivers. 47,856
Ballot Advertising Costs 47,858
Pursuant to requests submitted by the Ohio Ballot Board, 47,860
the Controlling Board shall approve transfers from the foregoing 47,861
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 47,862
Ballot Board line item in order to reimburse county boards of 47,863
elections for the cost of public notices associated with
statewide ballot initiatives. 47,864
Of the foregoing appropriation item 911-441, Ballot 47,866
Advertising Costs, the Director of Budget and Management shall 47,867
transfer any amounts that are not needed for the purpose of 47,868
1072
reimbursing county boards of elections for the cost of public 47,869
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 47,870
Section 31. COS STATE BOARD OF COSMETOLOGY 47,872
General Services Fund Group 47,874
4K9 879-609 Operating Expenses $ 2,201,152 $ 2,198,147 47,879
TOTAL GSF General Services Fund 47,880
Group $ 2,201,152 $ 2,198,147 47,883
TOTAL ALL BUDGET FUND GROUPS $ 2,201,152 $ 2,198,147 47,886
Section 32. CSW COUNSELOR AND SOCIAL WORKERS BOARD 47,889
General Services Fund Group 47,891
4K9 899-609 Operating Expenses $ 850,781 $ 848,656 47,896
TOTAL GSF General Services Fund 47,897
Group $ 850,781 $ 848,656 47,900
TOTAL ALL BUDGET FUND GROUPS $ 850,781 $ 848,656 47,903
Section 33. CLA COURT OF CLAIMS 47,906
General Revenue Fund 47,908
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 47,913
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 47,916
State Special Revenue Fund Group 47,919
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 47,924
TOTAL SSR State Special Revenue 47,925
Fund Group $ 22,086,768 $ 22,925,167 47,928
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 47,931
Section 34. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 47,934
General Revenue Fund 47,936
GRF 196-401 Criminal Justice 47,939
Information System $ 970,000 $ 972,000 47,941
GRF 196-403 Violence Prevention $ 350,763 $ 364,842 47,945
GRF 196-424 Operating Expenses $ 1,003,621 $ 1,011,300 47,949
GRF 196-499 State Match $ 826,876 $ 800,104 47,953
GRF 196-502 Lucasville 47,954
Disturbance Costs $ 50,000 $ 0 47,956
TOTAL GRF General Revenue Fund $ 3,201,260 $ 3,148,246 47,959
1073
Federal Special Revenue Fund Group 47,962
3L5 196-604 Justice Programs $ 30,515,304 $ 32,648,653 47,967
TOTAL FED Federal Special Revenue 47,968
Fund Group $ 30,515,304 $ 32,648,653 47,971
TOTAL ALL BUDGET FUND GROUPS $ 33,716,564 $ 35,796,899 47,974
Indigent Defense 47,977
The Office of Criminal Justice Services shall make all 47,980
efforts to maximize the amount of funding available for the 47,981
defense of indigent persons.
Criminal Justice Information System 47,983
The foregoing appropriation item 196-401, Criminal Justice 47,985
Information System, shall be used by the Office of Criminal 47,986
Justice Services to work on a plan to improve Ohio's criminal 47,987
justice information systems. The Director of Criminal Justice 47,988
Services shall evaluate the progress of this plan and issue a 47,989
report to the Governor, the Speaker and the Minority Leader of 47,990
the House of Representatives, the President and the Minority 47,991
Leader of the Senate, the Criminal Justice Policy Board, and the 47,993
Legislative Budget Office of the Legislative Service Commission
by the first day of January of each year of the two-year biennium 47,994
beginning July 1, 1999, and ending June 30, 2001. 47,995
Violence Prevention 47,997
Of the foregoing appropriation item 196-403, Violence 47,999
Prevention, $4,000 in fiscal year 2000 shall be distributed to 48,000
the City of Painesville for the purpose of funding the City of 48,001
Painesville Crime Prevention Program, and $4,000 in fiscal year 48,003
2000 shall be distributed to the City of Mentor for the purpose
of funding the City of Mentor Crime Prevention Program. 48,004
Section 35. DEN STATE DENTAL BOARD 48,006
General Services Fund Group 48,008
4K9 880-609 Operating Expenses $ 1,119,536 $ 1,114,065 48,013
TOTAL GSF General Services Fund 48,014
Group $ 1,119,536 $ 1,114,065 48,017
TOTAL ALL BUDGET FUND GROUPS $ 1,119,536 $ 1,114,065 48,020
1074
Section 36. BDP BOARD OF DEPOSIT 48,023
General Services Fund Group 48,025
4M2 974-601 Board of Deposit $ 818,400 $ 838,041 48,030
TOTAL GSF General Services Fund 48,031
Group $ 818,400 $ 838,041 48,034
TOTAL ALL BUDGET FUND GROUPS $ 818,400 $ 838,041 48,037
Board of Deposit Expense Fund 48,040
Upon receiving certification of expenses from the Treasurer 48,043
of State, the Director of Budget and Management shall transfer 48,044
cash from the Investment Earnings Redistribution Fund (Fund 608) 48,045
to the Board of Deposit Expense Fund (Fund 4M2). This fund shall 48,047
be used to pay for banking charges and fees required for the 48,048
operation of the State of Ohio Regular Account.
Section 37. DEV DEPARTMENT OF DEVELOPMENT 48,050
General Revenue Fund 48,052
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 48,057
GRF 195-200 Maintenance $ 608,000 $ 608,000 48,061
GRF 195-300 Equipment $ 111,550 $ 111,550 48,065
GRF 195-401 Thomas Edison Program $ 25,553,540 $ 25,528,749 48,069
GRF 195-404 Small Business 48,071
Development $ 2,445,388 $ 2,465,504 48,073
GRF 195-405 Minority Business 48,075
Development Division $ 2,073,570 $ 2,074,418 48,077
GRF 195-406 Transitional and 48,079
Permanent Housing $ 2,760,270 $ 2,826,679 48,081
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 48,085
GRF 195-408 Coal Research 48,087
Development $ 588,465 $ 587,907 48,089
GRF 195-410 Defense Conversion 48,091
Assistance Program $ 740,000 $ 500,000 48,093
GRF 195-412 Business Development 48,095
Grants $ 10,005,000 $ 10,005,000 48,097
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 48,101
1075
GRF 195-415 Regional Offices and 48,103
Economic Development $ 6,414,854 $ 6,338,038 48,105
GRF 195-416 Governor's Office of 48,107
Appalachia $ 1,628,800 $ 641,376 48,109
GRF 195-417 Urban/Rural 48,111
Initiative $ 1,000,000 $ 1,000,000 48,113
GRF 195-422 Technology Action $ 5,100,000 $ 5,100,000 48,117
GRF 195-431 Community Development 48,119
Corporation Grants $ 2,520,386 $ 2,582,510 48,121
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 48,125
GRF 195-434 Industrial Training 48,127
Grants $ 18,000,000 $ 20,000,000 48,129
GRF 195-436 Labor/Management 48,131
Cooperation $ 1,164,000 $ 1,164,000 48,133
GRF 195-440 Emergency Shelter 48,135
Housing Grants $ 2,930,029 $ 2,999,139 48,137
GRF 195-441 Low and Moderate 48,139
Income Housing $ 7,760,000 $ 7,760,000 48,141
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 48,145
GRF 195-498 State Energy Match $ 147,221 $ 151,299 48,149
GRF 195-501 Appalachian Local 48,151
Development Districts $ 452,370 $ 463,227 48,153
GRF 195-502 Appalachian Regional 48,155
Commission Dues $ 190,000 $ 194,400 48,157
GRF 195-507 Travel & Tourism 48,159
Grants $ 1,795,000 $ 1,640,000 48,161
GRF 195-513 Empowerment 48,163
Zones/Enterprise
Communities $ 2,000,000 $ 0 48,165
TOTAL GRF General Revenue Fund $ 111,790,930 $ 110,742,553 48,168
General Services Fund Group 48,171
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 48,176
136 195-621 International Trade $ 75,000 $ 0 48,180
1076
685 195-636 General 48,182
Reimbursements $ 1,199,500 $ 1,222,233 48,184
TOTAL GSF General Services Fund 48,185
Group $ 8,737,530 $ 8,694,398 48,188
Federal Special Revenue Fund Group 48,191
3K8 195-613 Community Development 48,194
Block Grant $ 65,000,000 $ 65,000,000 48,196
3K9 195-611 Home Energy 48,198
Assistance Block
Grant $ 55,000,000 $ 55,000,000 48,200
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 48,204
3L0 195-612 Community Services 48,206
Block Grant $ 20,090,000 $ 20,090,000 48,208
308 195-602 Appalachian Regional 48,210
Commission $ 650,000 $ 650,000 48,212
308 195-603 Housing and Urban 48,214
Development $ 34,895,700 $ 34,895,700 48,216
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 48,220
308 195-609 Small Business 48,222
Administration $ 3,701,900 $ 3,701,900 48,224
308 195-616 Technology Programs $ 117,700 $ 0 48,228
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 48,232
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 48,236
380 195-622 Housing Development 48,238
Operating $ 3,711,800 $ 3,938,200 48,240
TOTAL FED Federal Special Revenue 48,241
Fund Group $ 212,791,425 $ 212,846,902 48,244
State Special Revenue Fund Group 48,246
4F2 195-639 State Special 48,249
Projects $ 1,530,000 $ 1,030,100 48,251
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 48,255
4S0 195-630 Enterprise Zone 48,257
Operating $ 323,079 $ 323,355 48,259
1077
4S1 195-634 Job Creation Tax 48,261
Credit Operating $ 251,856 $ 258,422 48,263
4W1 195-646 Minority Business 48,265
Enterprise Loan $ 3,898,213 $ 3,972,954 48,267
444 195-607 Water and Sewer 48,269
Commission Loans $ 500,000 $ 500,000 48,271
445 195-617 Housing Finance 48,273
Agency $ 3,669,522 $ 3,532,181 48,275
450 195-624 Minority Business 48,277
Bonding Program
Administration $ 12,644 $ 12,947 48,279
451 195-625 Economic Development 48,281
Financing Operating $ 1,906,075 $ 1,970,014 48,283
586 195-653 Scrap Tire Loans and 48,285
Grants $ 1,000,000 $ 1,000,000 48,287
611 195-631 Water and Sewer 48,289
Administration $ 15,000 $ 15,000 48,291
617 195-654 Volume Cap 48,293
Administration $ 200,000 $ 196,640 48,295
646 195-638 Low and Moderate 48,297
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 48,299
TOTAL SSR State Special Revenue 48,300
Fund Group $ 34,751,589 $ 34,846,113 48,303
Facilities Establishment Fund 48,306
037 195-615 Facilities 48,309
Establishment $ 53,970,000 $ 55,481,100 48,311
4Z6 195-647 Rural Industrial Park 48,313
Loan $ 1,000,000 $ 1,000,000 48,315
5D1 195-649 Port Authority Bond 48,317
Reserves $ 2,500,000 $ 2,500,000 48,319
5D2 195-650 Urban Redevelopment 48,321
Loans $ 10,000,000 $ 10,000,000 48,323
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 48,327
1078
TOTAL 037 Facilities 48,328
Establishment Fund $ 69,716,375 $ 71,227,475 48,331
Coal Research/Development Fund 48,334
046 195-632 Coal Research and 48,337
Development Fund $ 12,276,000 $ 12,570,624 48,339
TOTAL 046 Coal Research/ 48,340
Development Fund $ 12,276,000 $ 12,570,624 48,343
TOTAL ALL BUDGET FUND GROUPS $ 450,063,849 $ 450,928,065 48,346
Section 37.01. Washington Office 48,349
Of the foregoing appropriation items 195-100, Personal 48,351
Services, 195-200, Maintenance, and 195-300, Equipment, no more 48,352
than $335,700 in fiscal year 2000 and $335,700 in fiscal year 48,353
2001 may be transferred to the General Reimbursement Fund (Fund 48,354
685) to support the Washington Office. The transfer shall be 48,355
made using an intrastate transfer voucher. 48,356
Thomas Edison Program 48,358
The foregoing appropriation item 195-401, Thomas Edison 48,360
Program, shall be used for the purposes of sections 122.28 to 48,362
122.38 of the Revised Code in order to provide funds for 48,364
cooperative public and private efforts in technological 48,365
innovation to promote the development and transfer of technology 48,366
by and to Ohio businesses that will lead to the creation of jobs, 48,368
and to provide for the administration of this program by the 48,370
Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison 48,372
Program, not more than $2,363,000 in fiscal year 2000 and 48,374
$2,363,000 in fiscal year 2001 shall be used for the Technology 48,375
Division's operating expenses in administering this program. 48,376
Of the foregoing appropriation item 195-401, Thomas Edison 48,378
Program, $2,000,000 in each fiscal year shall be used for the 48,379
establishment of a new statewide Edison Center for Information 48,381
Technology to be headquartered in Dayton. The Director of
Development shall waive any local matching requirements for the 48,382
initial biennium of operation. 48,383
1079
Of the foregoing appropriation item 195-401, Thomas Edison 48,385
Program, $50,000 in each fiscal year shall be used for the 48,386
BIOSTART Business Incubator.
Of the foregoing appropriation item 195-401, Thomas Edison 48,388
Program, $500,000 in each fiscal year shall be used for 48,389
cooperative technology clusters.
Of the foregoing appropriation item 195-401, Thomas Edison 48,391
Program, $1,100,000 in each fiscal year shall be used for the 48,392
Wright Technology Network.
Section 37.02. Small Business Development 48,394
The foregoing appropriation item 195-404, Small Business 48,396
Development, shall be used to ensure that the unique needs and 48,398
concerns of small businesses are addressed. 48,400
The foregoing appropriation shall be used to provide grants 48,402
to local organizations to support the operation of Small Business 48,404
Development Centers, and other local economic development 48,405
activity promoting small business and for the cost of 48,406
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 48,407
facilitate access to state and federal programs. These funds 48,408
shall be used as matching funds for grants from the United States 48,409
Small Business Administration and other federal agencies, 48,411
pursuant to Public Law No. 96-302 (1980) as amended by Public Law 48,412
No. 98-395 (1984), and regulations and policy guidelines for 48,413
these programs.
In addition, the Office of Small Business shall operate the 48,415
One-Stop Business Permit Center, the Women's Business Resource 48,417
Program, support government procurement assistance, and implement 48,419
and coordinate the duties imposed on the Department of 48,421
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 48,422
Minority Business Development Division 48,424
Of the foregoing appropriation item 195-405, Minority 48,426
Business Development Division, no less than $910,000 in each 48,427
fiscal year shall be used to fund minority contractors and 48,428
1080
business assistance organizations. The Minority Business 48,429
Development Division shall determine which cities need minority
contractors and business assistance organizations by utilizing 48,430
U.S. Census Bureau data and zip codes to locate the highest 48,431
concentrations of minority businesses. The Minority Business 48,432
Development Division shall also determine the numbers of minority 48,433
contractors and business assistance organizations necessary and 48,434
the amount of funding to be provided each. In addition, the
Minority Business Development Division shall continue to plan and 48,435
implement business conferences. 48,436
Section 37.03. Transitional and Permanent Housing Program 48,439
Of the foregoing appropriation item 195-406, Transitional 48,441
and Permanent Housing, the Office of Housing and Community 48,443
Partnerships shall make grants to local governments and nonprofit 48,445
organizations for the acquisition, rehabilitation, renovation, 48,447
construction, conversion, operating, and supportive services 48,449
costs for both new and existing transitional and/or permanent 48,451
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 48,453
and Permanent Housing, at least seventy-five per cent shall be 48,455
used to provide transitional housing for homeless families and 48,457
individuals.
Coal Research Development 48,459
The foregoing appropriation item 195-408, Coal Research 48,461
Development, shall be used for the administrative costs of the 48,462
Coal Development Office within the Technology Division and for 48,463
grants which encourage, promote, and assist the use of Ohio coal 48,464
pursuant to section 1551.32 of the Revised Code. 48,465
Defense Conversion Assistance Program 48,467
The Director of Development may use the foregoing 48,469
appropriation item 195-410, Defense Conversion Assistance 48,470
Program, in accordance with existing program guidelines, and 48,471
other resources as appropriate, for Ohio-based defense conversion 48,472
projects and administrative support costs. 48,473
1081
Section 37.04. Business Development 48,475
The foregoing appropriation item 195-412, Business 48,477
Development Grants, shall be used as an incentive for attracting 48,478
and retaining business opportunities for the state. Any such 48,479
business opportunity, whether new, expanding, or relocating in 48,480
Ohio, is eligible for funding. The project must create or retain 48,481
a significant number of jobs for Ohioans. Grant awards may be 48,482
considered only when (1) the project's viability hinges on an 48,483
award of 195-412, Business Development Grants, funds; (2) all 48,484
other public or private sources of financing have been 48,485
considered; or (3) the funds must act as a catalyst for the 48,486
infusion into the project of other financing sources. 48,487
The department's primary goal shall be to award funds to 48,489
political subdivisions of the state for off-site infrastructure 48,490
improvements. In order to meet the particular needs of economic 48,491
development in a region, the department may elect to award funds 48,492
directly to a business for on-site infrastructure improvements. 48,494
Infrastructure improvements are defined as improvements to water 48,495
system facilities, sewer and sewage treatment facilities, 48,496
electric or gas service facilities, rail facilities, site 48,497
preparation, and parking facilities. The Director of Development 48,498
may recommend the funds be used in an alternative manner when 48,499
deemed appropriate to meet an extraordinary economic development 48,500
opportunity or need.
The foregoing appropriation item 195-412, Business 48,502
Development Grants, may be expended only after the submission of 48,503
a request to the Controlling Board by the Department of 48,504
Development outlining the planned use of the funds, and the 48,505
subsequent approval of the request by the Controlling Board. 48,506
The foregoing appropriation item 195-412, Business 48,508
Development Grants, may be used for, but is not limited to, 48,509
construction, rehabilitation, and acquisition projects for rail 48,510
freight assistance as requested by the Department of 48,511
Transportation. The Director of Transportation shall submit the 48,512
1082
proposed projects to the Director of Development for an 48,513
evaluation of potential economic benefit. 48,514
Section 37.05. First Frontier Match 48,516
The foregoing appropriation item 195-414, First Frontier 48,518
Match, shall be used as matching funds to counties for the 48,520
purpose of marketing state, regional, and/or local 48,522
characteristics which may attract economic development. In each 48,523
fiscal year, the Director of Development shall allocate no less 48,524
than $400,000 of the foregoing appropriation to marketing 48,526
programs by targeted counties, which are defined as counties that 48,529
have a population of less than 175,000 residents. The balance of 48,531
the appropriation may be used either for marketing programs by 48,532
individual targeted counties or regional marketing campaigns, 48,533
which are defined as marketing programs in which at least one 48,535
targeted county is participating with one or more other targeted 48,536
counties or larger counties. In the event that, during a fiscal 48,537
year, targeted counties are unable to utilize the full amount of 48,538
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 48,539
unutilized balance of funds to regional marketing campaigns. 48,540
Regional Offices and Economic Development 48,542
The foregoing appropriation item 195-415, Regional Offices 48,544
and Economic Development, shall be used for the operating 48,545
expenses of the Economic Development Division and the Regional 48,546
Economic Development Offices and for grants for cooperative 48,547
economic development ventures. 48,548
Of the foregoing appropriation item 195-415, Regional 48,550
Offices and Economic Development, $45,000 in each fiscal year 48,551
shall be used for the Northeast Midwest Institute. 48,552
Section 37.06. Governor's Office of Appalachian Ohio 48,554
Of the foregoing appropriation item 195-416, Governor's 48,556
Office of Appalachia, shall be used for the administrative costs 48,558
of planning and liaison activities for the Governor's Office of 48,560
Appalachian Ohio. Funds not expended for liaison and training 48,562
1083
activities may be expended for special project grants within the 48,563
Appalachian Region. 48,564
Of the foregoing appropriation item 195-416, Governor's 48,566
Office of Appalachia, up to $250,000 each fiscal year shall be 48,568
used to match federal funds from the Appalachian Development 48,570
Commission to provide job training to impact the Appalachian 48,572
Region.
Of the foregoing appropriation item 195-416, Governor's 48,574
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 48,575
used for the Foundation for Appalachian Ohio. The foundation 48,576
shall match the state's contribution on a dollar-for-dollar 48,577
basis.
Urban/Rural Initiative 48,579
The foregoing appropriation item 195-417, Urban/Rural 48,581
Initiative, shall be used to make grants in accordance with 48,582
sections 122.19 to 122.22 of the Ohio Revised Code. 48,583
Technology Action 48,585
With Controlling Board approval, the foregoing 48,587
appropriation item 195-422, Technology Action, shall be used by 48,588
the Governor's Science Advisor, in consultation with the 48,589
Technology Action Fund Review Committee and with the approval of 48,590
the Director of Development, to match funding for high-priority
technology initiatives that will make Ohio entities more 48,591
competitive in federal research and development programs. The 48,592
Governor's Science Advisor, by rule adopted under Chapter 119. of 48,593
the Revised Code, shall promulgate guidelines and criteria for 48,594
the release of funds so as to ensure support for projects that 48,596
advance the state's science and technology priorities, general 48,597
potential economic growth, and leverage other financing sources. 48,598
Of the foregoing appropriation item 195-422, Technology 48,600
Action, $250,000 in fiscal year 2000 shall be used for a 48,601
strategic competitive study for Wright Patterson Air Force Base. 48,602
These state funds shall leverage a minimum of $250,000 in 48,603
matching funds for this purpose. The study shall be conducted by
1084
the Miami Valley Economic Development Coalition. 48,604
Of the foregoing appropriation item 195-422, Technology 48,606
Action, not more than $100,000 in each fiscal year shall be used 48,607
for operating expenditures in administering this program. 48,608
Of the foregoing appropriation item 195-422, Technology 48,610
Action, $100,000 in each fiscal year shall be used for the 48,611
Science and Technology Campus in Columbus. 48,612
Section 37.07. Community Development Corporations 48,614
Of the foregoing appropriation item 195-431, Community 48,616
Development Corporation Grants, a portion of funds in each fiscal 48,618
year of the biennium shall be used to make grants to the Ohio 48,621
Community Development Finance Fund, a nonprofit corporation, in 48,623
order to leverage private-sector funds to assist nonprofit 48,624
development organizations to create affordable housing and 48,625
permanent jobs in distressed areas of the state. The remaining 48,627
moneys shall be used to provide funds to assist local community 48,629
development corporations to develop affordable housing programs 48,631
and economic development programs in their neighborhoods, and for 48,633
operating costs.
Of the foregoing appropriation item 195-431, Community 48,635
Development Corporation Grants, no less than $100,000 in each 48,637
fiscal year shall be used to provide training, technical 48,639
assistance, and capacity building assistance to nonprofit 48,640
development organizations in underserved areas of the state. For 48,642
grants awarded in each fiscal year of the biennium, priority 48,643
shall be given to proposals submitted by nonprofit development 48,644
organizations from underserved areas of the state. 48,645
Section 37.08. International Trade 48,647
The foregoing appropriation item 195-432, International 48,649
Trade, shall be used to operate and to maintain Ohio's 48,650
out-of-state trade offices.
The Director of Development may enter into contracts with 48,652
foreign nationals to staff foreign offices. Such contracts may 48,653
be paid in local currency or United States currency and shall be 48,654
1085
exempt from the provisions of section 127.16 of the Revised Code. 48,656
The director may also establish foreign currency accounts in 48,657
accordance with section 122.05 of the Revised Code for the 48,658
payment of expenses related to the operation and maintenance of 48,659
these foreign trade offices. 48,660
The foregoing appropriation item 195-432, International 48,662
Trade, shall be used to fund the International Trade Division and 48,663
assist Ohio manufacturers and agricultural producers exporting to 48,664
foreign countries in conjunction with the Department of 48,665
Agriculture. 48,666
Of the foregoing appropriation item 195-432, International 48,668
Trade, up to $25,000 may be used to purchase gifts for 48,669
representatives of foreign governments or dignitaries of foreign 48,670
countries. 48,671
Section 37.09. Ohio Industrial Training Program 48,673
The foregoing appropriation item 195-434, Industrial 48,676
Training Grants, shall be used to promote industrial training 48,677
through training grants for the reimbursement of eligible 48,678
training expenses.
Section 37.10. Emergency Shelter Housing Grants 48,680
(A) As used in this section, "emergency shelter housing" 48,682
means a structure suitable for the temporary housing of the 48,684
homeless and the provision of, or referral to, supportive 48,686
services. Shelters that restrict admission to victims of 48,688
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 48,690
(B) The foregoing appropriation item 195-440, Emergency 48,692
Shelter Housing Grants, shall be used by the Office of Housing 48,693
and Community Partnerships in the Department of Development to 48,694
make grants to private, nonprofit organizations to provide 48,695
emergency shelter housing for the homeless. The department shall 48,696
distribute the grants pursuant to rules adopted by the Director 48,697
of Development. The director may amend or rescind such rules and 48,698
may adopt other rules necessary to implement this section. In
1086
awarding grants, the department shall give preference to 48,699
organizations applying to fund existing emergency shelter 48,700
housing.
The department shall notify each organization that applied 48,702
for a grant under this section of the amount of its grant award, 48,703
if any. To receive a grant, the organization shall provide 48,704
matching funds equal to fifty per cent of the total grant it was 48,705
awarded. The organization shall expend its grant for shelter 48,706
operations and supportive services, which include employment
assistance, case management, information and referral services, 48,707
transportation, and clothing. In providing employment 48,708
assistance, the organization shall, at a minimum, refer persons 48,709
to the Ohio Bureau of Employment Services. 48,710
Low and Moderate Income Housing 48,712
The Director of Budget and Management, in consultation with 48,714
the Director of Development, shall use $7,760,000 in each fiscal 48,715
year to support low- and moderate-income housing activities. No 48,716
less than $250,000 per year shall be used from either 48,717
appropriation item 195-441, Low and Moderate Income Housing, or 48,718
appropriation item 195-638, Low and Moderate Income Housing Trust 48,719
Fund, for the Migrant Housing Labor Camp Improvements Program. 48,720
Up to $7,760,000 in each fiscal year shall be transferred from 48,721
appropriation item 195-441, Low and Moderate Income Housing, to 48,722
appropriation item 195-638, Low and Moderate Income Housing Trust 48,723
Fund.
HEAP Weatherization 48,725
Fifteen per cent of the federal funds received by the state 48,727
for the Home Energy Assistance Block Grant shall be deposited in 48,729
the Department of Development's Federal Special Revenue Fund 48,731
(Fund 3K9) and shall be used to provide home weatherization 48,733
services in the state.
Section 37.11. Travel and Tourism Grants 48,735
The foregoing appropriation item 195-507, Travel and 48,737
Tourism Grants, shall be used to provide grants to local 48,739
1087
organizations to support various local travel and tourism events 48,740
in Ohio.
Of the foregoing appropriation item 195-507, Travel and 48,742
Tourism Grants, up to $200,000 in each fiscal year of the 48,743
biennium may be used to support the outdoor dramas Trumpet in the 48,745
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 48,747
Drama; $5,000 in each fiscal year shall go to the Lake County 48,748
Visitors Bureau; $50,000 in fiscal year 2000 shall go to the
Mariemont Seventy-Fifth Anniversary Commemorative and Renewal 48,749
Project; $25,000 in each fiscal year shall go to the Underground 48,751
Railroad Freedom Center, Family History Documentation Program;
$50,000 in each fiscal year shall go to the Cincinnati Ballet; 48,752
$25,000 in each fiscal year shall go to the Ohio River Scenic 48,753
Trails; $75,000 in each fiscal year shall go to the Cincinnati 48,755
Film Commission; $75,000 in each fiscal year shall go to the
Greater Cleveland Media Development Corporation; $100,000 in 48,756
fiscal year 2000 for the 1999 AAU Junior Olympics Cleveland 48,758
Committee, Inc.; $150,000 in fiscal year 2000 for the United 48,759
States International Air and Trade Show in Dayton; $100,000 in 48,760
each fiscal year for the Ohio Heritage Area Program; $40,000 in 48,761
fiscal year 2000 for the River Edges New Environment Renewal Plan 48,763
in Warren; $25,000 in fiscal year 2000 for the Tall Stacks 99 48,764
riverboat festival in Cincinnati; and $875,000 in fiscal year 48,765
2000 and $1,000,000 in fiscal year 2001 shall be used for grants 48,767
to the International Center for the Preservation of Wild Animals. 48,768
Section 37.12. Minority Business Enterprise Loan 48,770
All loan repayments from the Minority Development Financing 48,772
Advisory Board loan program and the Ohio Mini-Loan Guarantee 48,773
Program shall be deposited in the State Treasury, to the credit 48,774
of the Minority Business Enterprise Loan Fund (Fund 4W1). 48,775
All operating costs of administering the Minority Business 48,777
Enterprise Loan Fund shall be paid from the Minority Business 48,778
Enterprise Loan Fund (Fund 4WI).
Minority Business Bonding Fund 48,780
1088
Notwithstanding Chapters 122., 169., and 175. of the 48,782
Revised Code and other provisions of this act, the Director of 48,783
Development may, upon the recommendation of the Minority 48,784
Development Financing Advisory Board, pledge up to $10,000,000 in 48,785
the 1999-2001 biennium of unclaimed funds administered by the 48,786
Director of Commerce and allocated to the Minority Business
Bonding Program pursuant to section 169.05 of the Revised Code. 48,787
The transfer of any cash by the Director of Commerce from the 48,788
Department of Development's Minority Business Bonding Fund (Fund 48,789
543) to the Department of Development's Minority Business Bonding 48,790
Fund (Fund 449) shall occur, if requested by the Director of
Development, only if such funds are needed for payment of losses 48,791
arising from the Minority Business Bonding Program, and only 48,792
after the $2,700,000 transferred to the Minority Business Bonding 48,793
Program by the Controlling Board in 1983 has been used for that 48,794
purpose. Moneys transferred by the Director of Commerce for this 48,795
purpose may be moneys in custodial funds held by the Treasurer of 48,796
State. If expenditures are required for payment of losses
arising from the Minority Business Bonding Program, such 48,798
expenditures shall be made from appropriation item 195-623,
Minority Business Bonding Contingency in the Minority Business 48,799
Bonding Fund, and such amounts are hereby appropriated. 48,800
Minority Business Bonding Program Administration 48,802
Investment earnings of the Minority Business Bonding Fund 48,804
(Fund 449) shall be credited to the Minority Business Bonding 48,805
Program Administration Fund (Fund 450). 48,806
Section 37.13. Economic Development Financing Operating 48,808
The foregoing appropriation item 195-625, Economic 48,810
Development Financing Operating, shall be used for the operating 48,811
expenses of financial assistance programs authorized under 48,812
Chapter 166. of the Revised Code and under sections 122.43 and 48,813
122.45 of the Revised Code. 48,814
All Loan and Grant Programs 48,816
The Department of Development shall continue to submit to 48,818
1089
the General Assembly, the Office of Budget and Management, and 48,820
the Legislative Budget Office of the Legislative Service 48,822
Commission by the first day of April of each year a report 48,823
detailing the status of all open loans and grants made by the 48,824
department and all loans and grants which have been closed out 48,827
during the preceding calendar year. A grant shall be considered 48,828
open for three years from the date it was awarded. The report 48,829
shall identify, where applicable, the date of Controlling Board 48,831
approval, the number of jobs estimated to be retained and 48,832
created, and the number of people estimated to be trained, as 48,833
well as the actual numbers realized to date. In addition, 48,834
beginning on the first day of July of each year, the Department
of Development shall also submit a quarterly report of the loans 48,835
and grants which have been approved from the beginning of the 48,836
current calendar year. 48,837
Rural Revitalization Task Force 48,839
In the 1999-2001 biennium, the department shall coordinate 48,841
an effort to determine potential opportunities to enhance 48,842
economic development activities in distressed rural communities. 48,843
Section 37.14. Facilities Establishment Fund 48,845
The foregoing appropriation item 195-615, Facilities 48,847
Establishment Fund (Fund 037), shall be used for the purposes of 48,848
the Facilities Establishment Fund under Chapter 166. of the 48,850
Revised Code. 48,851
Notwithstanding Chapter 166. of the Revised Code, up to 48,853
$1,600,000 may be transferred each fiscal year from the 48,855
Facilities Establishment Fund (Fund 037) to the Economic 48,856
Development Financing Operating Fund (Fund 451). The transfer is 48,857
subject to Controlling Board approval pursuant to division (B) of 48,859
section 166.03 of the Revised Code. 48,860
Notwithstanding Chapter 166. of the Revised Code, up to 48,862
$3,800,000 may be transferred in each fiscal year of the biennium 48,863
from the Facilities Establishment Fund (Fund 037) to the Minority 48,864
Business Enterprise Loan Fund (Fund 4W1). The transfer is 48,865
1090
subject to Controlling Board approval pursuant to division (B) of 48,866
section 166.03 of the Revised Code. 48,867
Notwithstanding Chapter 166. of the Revised Code, up to 48,869
$5,000,000 cash may be transferred during the biennium from the 48,870
Facilities Establishment Fund (Fund 037) to the Port Authority 48,871
Bond Reserves Fund (Fund 5D1) for use by any port authority in 48,872
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 48,873
Director of Development shall develop program guidelines for the 48,874
transfer and release of funds, including, but not limited to, a 48,875
provision that no port authority shall receive more than 48,876
$2,000,000. The transfer and release of funds are subject to 48,877
Controlling Board approval.
Notwithstanding Chapter 166. of the Revised Code, up to 48,879
$20,000,000 cash may be transferred during the biennium from the 48,880
Facilities Establishment Fund (Fund 037) to the Urban 48,881
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 48,882
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 48,883
release of funds, including, but not limited to, the completion 48,884
of all appropriate environmental assessments before state 48,885
assistance is committed to a project.
Family Farm Loan Program 48,887
Notwithstanding Chapter 166. of the Revised Code, up to 48,889
$2,500,000 shall be transferred during the biennium from moneys 48,890
in the Facilities Establishment Fund (Fund 037) to the Family 48,891
Farm Loan Fund (Fund 5H1) in the Department of Development. 48,892
These moneys shall be used for loan guarantees. The transfer is 48,893
subject to Controlling Board approval. 48,894
Financial assistance from the Family Farm Loan Fund shall 48,897
be repaid to Fund 5H1. This fund is established in accordance 48,898
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 48,899
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 48,902
1091
all outstanding balances, all loan repayments, and any other 48,904
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037). 48,905
Scrap Tire Loans and Grants 48,907
On July 1, 1999, or as soon thereafter as possible, the 48,909
Director of Development shall certify to the Director of Budget 48,910
and Management the balance in Fund 037, Facilities Establishment, 48,911
for the Scrap Tire Loan and Grant Program. The Director of 48,912
Budget and Management shall transfer the certified amount to Fund 48,913
586, Scrap Tire Loans and Grants.
Section 37.15. Supportive Services 48,915
The Director of Development may assess divisions of the 48,917
department for the cost of central service operations. Such an 48,918
assessment shall be based on a plan submitted to and approved by 48,919
the Office of Budget and Management by the first day of August of 48,920
each fiscal year, and contain the characteristics of 48,921
administrative ease and uniform application. 48,922
A division's payments shall be credited to the Supportive 48,924
Services Fund (Fund 135) using an intrastate transfer voucher. 48,925
General Reimbursement 48,927
The foregoing appropriation item 195-636, General 48,929
Reimbursements, shall be used for conference and subscription 48,930
fees and other reimbursable costs. Revenues to the General 48,931
Reimbursement Fund (Fund 685) shall consist of fees and other 48,932
moneys charged for conferences, subscriptions, and other 48,933
administrative costs that are not central service costs. 48,934
State Special Projects 48,936
The foregoing appropriation item 195-639, State Special 48,939
Projects, shall be used as a general account for the deposit of 48,940
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used 48,941
to (1) pay the expenses of verifying the income-eligibility of 48,942
HEAP applicants, (2) market economic development opportunities in 48,943
the state, and (3) leverage additional federal funds. State 48,944
1092
funds shall be used to match federal housing grants for the 48,945
homeless. 48,946
Volume Cap Administration 48,948
The foregoing appropriation item 195-654, Volume Cap 48,950
Administration, shall be used for administrative expenses related 48,951
to the administration of the Volume Cap Program. Revenues 48,953
received by the Volume Cap Administration Fund (Fund 617) shall 48,954
consist of application fees, forfeited deposits, and interest
earned from the custodial account. 48,955
Section 37.16. Job Creation Planning Project 48,957
The Department of Development, with the collaboration of 48,959
the Department of Human Services, shall establish a joint project 48,960
to develop and implement ways to create at least one thousand new 48,961
jobs in each of the following: 48,962
(A) Federal empowerment zones; 48,964
(B) Rural economically depressed counties. 48,966
Not later than December 31, 2000, the departments shall 48,968
jointly issue a final report to the Welfare Oversight Committee 48,969
that describes the activities undertaken pursuant to the joint 48,970
project. The committee may require additional interim reports 48,971
from the departments. 48,972
Section 38. OBD OHIO BOARD OF DIETETICS 48,974
General Services Fund Group 48,976
4K9 860-609 Operating Expenses $ 282,267 $ 276,113 48,981
TOTAL GSF General Services Fund 48,982
Group $ 282,267 $ 276,113 48,985
TOTAL ALL BUDGET FUND GROUPS $ 282,267 $ 276,113 48,988
Section 39. CDR COMMISSION ON DISPUTE RESOLUTION AND 48,991
CONFLICT MANAGEMENT 48,992
General Revenue Fund 48,994
GRF 145-401 Commission on Dispute 48,997
Resolution/Management $ 583,225 $ 597,222 48,999
TOTAL GRF General Revenue Fund $ 583,225 $ 597,222 49,002
General Services Fund Group 49,005
1093
4B6 145-601 Gifts and Grants $ 153,450 $ 157,133 49,010
TOTAL GSF General Services Fund 49,011
Group $ 153,450 $ 157,133 49,014
TOTAL ALL BUDGET FUND GROUPS $ 736,675 $ 754,355 49,017
Commission on Dispute Resolution/Management 49,020
The foregoing appropriation item 145-401, Commission on 49,021
Dispute Resolution/Management, shall be used in each fiscal year 49,022
by the Commission on Dispute Resolution and Conflict Management 49,023
for the purpose of providing dispute resolution and conflict 49,024
management training, consultation, and materials for state and 49,025
local government, communities, school districts, courts and, in 49,026
consultation with the Department of Education, for the purpose of 49,027
offering competitive school conflict programs to school 49,028
districts.
The Commission shall assist the Department of Education in 49,030
the development and dissemination of the school conflict 49,031
management programs to school districts.
Section 40. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 49,033
NETWORK COMMISSION 49,034
General Revenue Fund 49,036
GRF 374-100 Personal Services $ 1,775,810 $ 1,702,801 49,041
GRF 374-200 Maintenance $ 847,878 $ 868,227 49,045
GRF 374-300 Equipment $ 49,038 $ 50,214 49,049
GRF 374-401 Statehouse News 49,051
Bureau $ 265,507 $ 271,880 49,053
GRF 374-404 Telecommunications 49,055
Operating Subsidy $ 5,349,336 $ 5,723,791 49,057
TOTAL GRF General Revenue Fund $ 8,287,569 $ 8,616,913 49,060
General Services Fund Group 49,063
4F3 374-603 Affiliate Services $ 2,729,574 $ 2,753,275 49,068
TOTAL GSF General Services 49,069
Fund Group $ 2,729,574 $ 2,753,275 49,072
State Special Revenue Fund Group 49,074
1094
5D3 374-604 High Definition 49,076
Television $ 12,000,000 $ 0 49,078
TOTAL SSR State Special Revenue $ 12,000,000 $ 0 49,081
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 23,017,143 $ 11,370,188 49,084
Statehouse News Bureau 49,087
The foregoing appropriation item 374-401, Statehouse News 49,089
Bureau, shall be used solely to support the operations of the 49,090
Ohio Statehouse News Bureau. 49,091
Telecommunications Operating Subsidy 49,093
The foregoing appropriation item 374-404, 49,095
Telecommunications Operating Subsidy, shall be distributed by the 49,096
Ohio Educational Telecommunications Network Commission to Ohio's 49,097
qualified public educational television stations, radio reading 49,098
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 49,099
allocation developed by the Ohio Educational Telecommunications 49,100
Network Commission.
Project Equity Fund 49,102
The Project Equity Fund (Fund 4F3) is hereby renamed the 49,104
Affiliates Services Fund (Fund 4F3), and the Fees and Grants Fund 49,105
(Fund 140) and the Fees and Grants Fund (Fund 463) are hereby 49,106
abolished. On July 1, 1999, or as soon thereafter as possible, 49,107
the Director of Budget and Management shall transfer the cash 49,108
balances in the Fees and Grants Fund (Fund 140) and in the Fees
and Grants Fund (Fund 463) to the Affiliates Services Fund (Fund 49,109
4F3). The director shall cancel any existing encumbrances 49,110
against appropriation item 374-601, Fees and Grants (Fund 463), 49,111
and reestablish them against appropriation item 374-603, 49,113
Affiliates Services (Fund 4F3). The amounts of the reestablished 49,114
encumbrances are hereby appropriated.
High Definition Television 49,116
The foregoing appropriation item 374-604, High Definition 49,118
Television, shall be distributed by the Ohio Educational 49,119
1095
Telecommunications Network Commission to public television 49,120
stations for the purchase of high definition television
transmitter hardware. Distribution of moneys appropriated from 49,121
Fund 5D3 shall require approval of the Controlling Board. 49,122
Section 41. ELC OHIO ELECTIONS COMMISSION 49,124
General Revenue Fund 49,126
GRF 051-321 Operating Expenses $ 423,950 $ 444,757 49,131
TOTAL GRF General Revenue Fund 49,134
$ 423,950 $ 444,757 49,137
State Special Revenue Fund Group 49,139
4P2 051-601 Ohio Elections 49,142
Commission Fund $ 150,000 $ 150,000 49,145
TOTAL SSR State Special 49,146
Revenue Fund Group $ 150,000 $ 150,000 49,149
TOTAL ALL BUDGET FUND GROUPS $ 573,950 $ 594,757 49,152
Section 42. FUN STATE BOARD OF EMBALMERS AND FUNERAL 49,155
DIRECTORS 49,156
General Services Fund Group 49,158
4K9 881-609 Operating Expenses $ 472,893 $ 472,893 49,163
TOTAL GSF General Services 49,164
Fund Group $ 472,893 $ 472,893 49,167
TOTAL ALL BUDGET FUND GROUPS $ 472,893 $ 472,893 49,170
Section 43. ERB STATE EMPLOYMENT RELATIONS BOARD 49,173
General Revenue Fund 49,175
GRF 125-321 Operating Expenses $ 3,628,561 $ 3,596,072 49,180
TOTAL GRF General Revenue Fund $ 3,628,561 $ 3,596,072 49,183
General Services Fund Group 49,186
572 125-603 Training and 49,189
Publications $ 70,423 $ 72,113 49,191
TOTAL GSF General Services 49,192
Fund Group $ 70,423 $ 72,113 49,195
TOTAL ALL BUDGET FUND GROUPS $ 3,698,984 $ 3,668,185 49,198
Operating Expenses 49,201
Of the foregoing appropriation item 125-321, Operating 49,203
1096
Expenses, $17,023 in fiscal year 2000 and $34,182 in fiscal year 49,204
2001 shall be used to supplement funding of per diem costs for 49,205
fact-finders.
Training and Publications Fund 49,207
Effective July 1, 1999, the Research and Training Fund 49,209
(Fund 572) is hereby renamed the Training and Publications Fund 49,210
(Fund 572), and the Transcript and Other Fund (Fund 440) is 49,212
hereby abolished. On July 1, 1999, or as soon thereafter as 49,213
possible, the Director of Budget and Management shall transfer 49,214
the cash balance in the Transcript and Other Fund (Fund 440) to 49,215
the Training and Publications Fund (Fund 572). The director 49,216
shall cancel any existing encumbrances against appropriation item 49,217
125-601, Transcript and Other (Fund 440), and reestablish them 49,218
against appropriation item 125-603, Training and Publications 49,219
(Fund 572). The amounts of the reestablished encumbrances are
hereby appropriated. 49,220
Section 44. BES BUREAU OF EMPLOYMENT SERVICES 49,222
General Revenue Fund 49,224
GRF 795-406 Workforce Development $ 350,004 $ 0 49,229
GRF 795-407 OBES Operating $ 23,227,425 $ 0 49,233
GRF 795-408 Labor Market 49,235
Projections $ 180,209 $ 0 49,237
GRF 795-410 Women's Programs $ 474,237 $ 0 49,241
GRF 795-412 Prevailing Wage/Min. 49,243
Wage & Minors $ 2,366,897 $ 0 49,245
GRF 795-413 OSHA Match $ 133,833 $ 0 49,249
GRF 795-414 Apprenticeship 49,251
Council $ 178,590 $ 0 49,253
GRF 795-417 Public Employment 49,255
Risk Reduction
Program $ 1,324,292 $ 0 49,257
TOTAL GRF General Revenue Fund $ 28,235,487 $ 0 49,260
Federal Special Revenue Fund Group 49,263
1097
3S9 795-620 TANF Employment and 49,266
Training $ 700,000 $ 0 49,268
331 795-601 Federal Operating $ 112,769,618 $ 0 49,272
349 795-614 OSHA Enforcement $ 1,293,258 $ 0 49,276
365 795-602 Job Training Program $ 101,224,584 $ 0 49,280
TOTAL FED Federal Special Revenue 49,281
Fund Group $ 215,987,460 $ 0 49,284
State Special Revenue Fund Group 49,287
4A9 795-607 Unemployment 49,290
Compensation
Administration Fund $ 17,015,029 $ 0 49,292
4G1 795-610 Interagency 49,294
Agreements $ 607,279 $ 0 49,296
4R3 795-609 Banking Fees $ 579,040 $ 0 49,300
5A5 795-616 Unemployment 49,302
Compensation Benefit
Automation $ 6,705,016 $ 0 49,304
557 795-613 Apprenticeship 49,306
Council Conference $ 15,000 $ 0 49,308
TOTAL SSR State Special Revenue 49,309
Fund Group $ 24,921,364 $ 0 49,312
TOTAL ALL BUDGET FUND GROUPS $ 269,144,311 $ 0 49,315
Administration Support Services 49,318
The Administrator of the Bureau of Employment Services may 49,320
assess programs of the bureau for the cost of administration, 49,322
support, and technical services. Such an assessment shall be 49,323
based upon a plan submitted to and approved by the Office of 49,324
Budget and Management by the first day of August of each fiscal 49,325
year and shall contain the characteristics of administrative ease 49,326
and uniform application. A program's payments shall be 49,328
transferred via intrastate transfer voucher to the Unemployment 49,330
Compensation Administration Fund (Fund 331). 49,331
Employer Surcharge 49,333
The surcharge and the interest on the surcharge amounts due 49,335
1098
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 49,336
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 49,337
General Assembly shall be assessed, collected, accounted for, and 49,338
made available to the Administrator of the Bureau of Employment 49,339
Services in the same manner as are the surcharge and interest 49,340
amounts pursuant to section 4141.251 of the Revised Code. 49,341
Federal Operating 49,343
From the foregoing appropriation item 795-601, Federal 49,345
Operating, $707,513.42 represents the funds made available to 49,346
this state under section 903 of the Social Security Act, as 49,347
amended. This amount shall be used under the direction of the 49,348
Bureau of Employment Services to pay for administration of the 49,349
state's unemployment compensation law and public employment
offices. No part of the money hereby appropriated may be 49,350
obligated after the expiration of the two-year period beginning 49,351
on the effective date of this section.
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 49,353
General Services Fund Group 49,355
4K9 892-609 Operating Expenses $ 891,949 $ 950,525 49,360
TOTAL GSF General Services 49,361
Fund Group $ 891,949 $ 950,525 49,364
TOTAL ALL BUDGET FUND GROUPS $ 891,949 $ 950,525 49,367
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY 49,370
General Revenue Fund 49,372
GRF 715-501 Local Air Pollution 49,375
Control $ 1,295,661 $ 1,331,940 49,377
GRF 716-321 Central 49,379
Administration $ 3,776,667 $ 3,877,556 49,381
GRF 717-321 Water Quality 49,383
Planning and
Assessment $ 8,707,106 $ 8,947,356 49,385
GRF 718-321 Groundwater $ 1,112,838 $ 1,147,341 49,389
GRF 719-321 Air Pollution Control $ 2,576,286 $ 2,662,369 49,393
1099
GRF 721-321 Public Water System 49,395
Supervision $ 2,791,652 $ 2,879,263 49,397
GRF 723-321 Hazardous Waste $ 232,835 $ 250,883 49,401
GRF 724-321 Pollution Prevention $ 716,856 $ 819,356 49,405
GRF 725-321 Laboratory $ 1,148,662 $ 1,182,713 49,409
GRF 726-321 Emergency Response $ 1,582,266 $ 1,538,553 49,413
GRF 728-321 Environmental 49,415
Financial Assistance $ 25,499 $ 30,137 49,417
GRF 729-321 Solid Waste $ 61,568 $ 72,766 49,421
TOTAL GRF General Revenue Fund $ 24,027,896 $ 24,740,233 49,424
General Services Fund Group 49,427
199 715-602 Laboratory Services $ 802,472 $ 822,893 49,432
4A1 715-640 Operating Expenses $ 3,876,896 $ 4,019,750 49,436
TOTAL GSF General Services 49,437
Fund Group $ 4,679,368 $ 4,842,643 49,440
Federal Special Revenue Fund Group 49,443
3F2 715-630 Revolving Loan Fund - 49,446
Operating $ 3,680,500 $ 3,716,000 49,448
3F3 715-632 Fed Supported Cleanup 49,450
and Response $ 3,064,631 $ 4,464,910 49,452
3F4 715-633 Water Quality 49,454
Management $ 727,000 $ 727,000 49,456
3F5 715-641 Nonpoint Source 49,458
Pollution Management $ 4,700,000 $ 5,300,000 49,460
3J1 715-620 Urban Stormwater $ 500,000 $ 500,000 49,464
3J5 715-615 Maumee River $ 153,680 $ 0 49,468
3K4 715-634 DOD Monitoring and 49,470
Oversight $ 718,301 $ 682,460 49,472
3K6 715-639 Remedial Action Plan $ 750,000 $ 521,400 49,476
3M5 715-652 Haz Mat Transport 49,478
Uniform Safety $ 283,728 $ 284,493 49,480
3N1 715-655 Pollution Prevention 49,482
Grants $ 87,150 $ 25,000 49,484
1100
3N4 715-657 DOE Monitoring and 49,486
Oversight $ 3,868,638 $ 3,883,118 49,488
3S4 715-653 Performance 49,490
Partnership Grants $ 13,795,906 $ 13,754,814 49,492
3T1 715-668 Rural Hardship Grant $ 900,000 $ 100,000 49,496
352 715-611 Wastewater Pollution $ 239,650 $ 240,425 49,500
353 715-612 Public Water Supply $ 260,000 $ 260,000 49,504
356 715-616 Indirect Costs $ 3,000,000 $ 3,000,000 49,508
357 715-619 Air Pollution Control $ 388,750 $ 255,000 49,512
362 715-605 Underground Injection 49,514
Control $ 50,000 $ 0 49,516
TOTAL FED Federal Special Revenue 49,517
Fund Group $ 37,167,934 $ 37,714,620 49,520
State Special Revenue Fund Group 49,523
3T3 715-669 Drinking Water SRF $ 5,414,115 $ 5,260,935 49,528
4C3 715-647 Central Support 49,530
Indirect $ 7,103,081 $ 7,150,702 49,532
4J0 715-638 Underground Injection 49,534
Control $ 347,808 $ 357,265 49,536
4K2 715-648 Clean Air - Non Title 49,538
V $ 2,882,688 $ 3,183,577 49,540
4K3 715-649 Solid Waste $ 10,471,339 $ 10,779,003 49,544
4K4 715-650 Surface Water 49,546
Protection $ 7,117,576 $ 7,134,669 49,548
4K5 715-651 Drinking Water 49,550
Protection $ 4,344,761 $ 4,460,047 49,552
4P5 715-654 Cozart Landfill $ 133,640 $ 137,382 49,556
4R5 715-656 Scrap Tire Management $ 3,333,097 $ 2,441,618 49,560
4R9 715-658 Voluntary Action 49,562
Program $ 771,406 $ 801,634 49,564
4T3 715-659 Clean Air Title V 49,566
Permit Program $ 16,254,785 $ 17,466,741 49,568
4U7 715-660 Construction & 49,570
Demolition Debris $ 122,000 $ 127,500 49,572
1101
5H4 715-664 Groundwater Support $ 1,383,904 $ 1,412,845 49,576
500 715-608 Immediate Removal 49,578
Special Account $ 800,390 $ 601,597 49,580
503 715-621 Hazardous Waste 49,582
Facility Management $ 8,219,531 $ 8,283,100 49,584
503 715-662 Hazardous Waste 49,586
Facility Board $ 654,214 $ 641,903 49,588
505 715-623 Hazardous Waste 49,590
Cleanup $ 12,914,553 $ 11,881,897 49,592
541 715-670 Environmental 49,594
Protection
Remediation Fund $ 2,417,353 $ 2,024,727 49,596
542 715-671 Risk Management 49,598
Reporting $ 480,200 $ 480,200 49,600
592 715-627 Anti-Tampering 49,602
Settlement $ 16,530 $ 15,334 49,604
6A1 715-645 Environmental 49,606
Education $ 2,137,081 $ 2,138,253 49,608
602 715-626 Motor Vehicle 49,610
Inspection and
Maintenance $ 2,630,980 $ 2,474,801 49,612
644 715-631 ER Radiological 49,614
Safety $ 183,380 $ 184,893 49,616
660 715-629 Infectious Wastes 49,618
Management $ 127,849 $ 131,251 49,620
676 715-642 Water Pollution 49,622
Control Loan
Administration $ 100,000 $ 1,060,000 49,624
678 715-635 Air Toxic Release $ 355,457 $ 370,598 49,628
679 715-636 Emergency Planning $ 1,897,343 $ 1,950,986 49,632
696 715-643 Air Pollution Control 49,634
Administration $ 765,621 $ 790,153 49,636
699 715-644 Water Pollution 49,638
Control
1102
Administration $ 487,633 $ 500,384 49,640
TOTAL SSR State Special Revenue 49,641
Fund Group $ 93,868,315 $ 94,243,995 49,644
TOTAL ALL BUDGET FUND GROUPS $ 159,743,513 $ 161,541,491 49,647
Central Support Indirect Chargeback 49,650
The Environmental Protection Agency, with approval of the 49,652
Director of Budget and Management, shall utilize a methodology 49,653
for determining each division's payments into the Operating 49,654
Expenses Fund (Fund 4A1). The methodology used shall contain the 49,655
characteristics of administrative ease and uniform application. 49,656
Payments to the Operating Expenses Fund (Fund 4A1) shall be made
using an intrastate transfer voucher. 49,657
Memorandum of Understanding 49,659
Due to the competitive economic forces of Ohio's bordering 49,661
states, the Director of the Environmental Protection Agency 49,662
should actively pursue a memorandum of understanding with the 49,663
United States Environmental Protection Agency for the Voluntary 49,664
Action Program in Ohio. A memorandum of understanding will raise 49,665
the level of comfort and protection for participants in the 49,666
Voluntary Action Program, with the goal of attracting economic
development and enhancing environmental protection. 49,667
Scrap Tire Transfers 49,669
Not later than September 1, 1999, the Director of 49,671
Environmental Protection shall transfer cash in the amount of 49,673
$400,000 from the Scrap Tire Management Fund (Fund 4R5) to the
Department of Development Scrap Tire Loans and Grants Fund (Fund 49,674
586). The transfer will reimburse the Department of Development 49,675
for expenditures made for a tire development and reprocessing 49,676
project. This payment is in lieu of the fiscal year 1998 funding 49,677
for the Scrap Tire Development and Reprocessing Project 49,678
prescribed in Section 58 of Am. Sub. H.B. 215 of the 122nd 49,679
General Assembly.
Notwithstanding division (G)(3) of section 3734.82 of the 49,681
Revised Code, not later than March 1, 2000, the Director of 49,682
1103
Environmental Protection, with the concurrence of the Director of 49,683
Development, shall certify to the Director of Budget and 49,684
Management the amount overpaid in prior fiscal years to the Scrap 49,685
Tire Management Fund and transferred to the Department of 49,686
Development. In fiscal years 2000 and 2001, the Director of 49,687
Environmental Protection shall request that the Director of 49,688
Budget and Management transfer $1,000,000, prescribed in division 49,689
(G)(3) of section 3734.82 of the Revised Code, less one-half of 49,691
the amount of the certified overpayment from the Scrap Tire 49,692
Management Fund (Fund 4R5) to the Scrap Tire Loans and Grants 49,693
Fund (Fund 586).
Ashtabula River Project 49,695
The Director of Environmental Protection, with the approval 49,698
of the Director of Budget and Management, shall transfer cash in 49,699
an amount not to exceed $4,000,000 in fiscal year 2000 and an 49,700
amount not to exceed $3,000,000 in fiscal year 2001 from the
Hazardous Waste Cleanup Fund (Fund 505) to the Environmental 49,701
Protection Remediation Fund (Fund 541). The amounts of the cash 49,702
transferred is hereby appropriated. 49,704
Toussaint River Project 49,706
Of the foregoing appropriation item 717-321, Water Quality 49,708
Planning and Assessment, $100,000 in fiscal year 2000 shall be 49,709
used for the Toussaint River Ordinance Clean-Up Project. 49,710
Areawide Planning Agencies 49,712
Of the foregoing appropriation item, 717-321, Water Quality 49,714
Planning and Assessment, $450,000 in fiscal year 2000 and 49,715
$450,000 in fiscal year 2001 shall be divided evenly between the 49,716
following six areawide planning agencies: Eastgate Development 49,717
and Transportation Agency, Toledo Metropolitan Area Council of 49,718
Governments, Northeast Ohio Four County Regional Planning and 49,719
Development Organization, Northeast Ohio Areawide Coordinating 49,720
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 49,721
and Miami Valley Regional Planning Commission. 49,722
Study of Division of Surface Water and Division of Air 49,724
1104
Pollution Control 49,725
The Director of Environmental Protection shall conduct a 49,727
study of the operations of the Division of Surface Water and the 49,728
Division of Air Pollution Control in the Environmental Protection 49,729
Agency and make recommendations for improving efficiencies within 49,730
those divisions. The study may address the following topics: 49,731
(1) Standardization of permit application requirements; 49,733
(2) Computerization of information regarding the status of 49,735
permit applications, and the ability of permit applicants to 49,736
access that information; 49,737
(3) Definition and coordination of the roles of agency 49,739
district offices and the central office in the permitting 49,740
process;
(4) Review of unwritten division policies and determination 49,742
of which of those policies should be adopted as rules; 49,743
(5) Determination of the efficiency of implementing 49,745
permits by rule and general permits. 49,746
The director shall submit a report containing the findings 49,748
of the study and recommendations to the Governor, the Director of 49,749
Budget and Management, the President and Minority Leader of the 49,750
Senate, and the Speaker and Minority Leader of the House of 49,752
Representatives not later than June 30, 2000. The report shall 49,753
include recommendations concerning resource allocation, staff 49,754
utilization, fee structures, and permit processing as well as 49,755
plans for the implementation of the recommendations to improve 49,756
operational efficiency.
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION 49,758
General Revenue Fund 49,760
GRF 172-321 Operating Expenses $ 463,373 $ 464,059 49,765
TOTAL GRF General Revenue Fund $ 463,373 $ 464,059 49,768
TOTAL ALL BUDGET FUND GROUPS $ 463,373 $ 464,059 49,771
Section 48. ETH OHIO ETHICS COMMISSION 49,774
General Revenue Fund 49,776
GRF 146-321 Operating Expenses $ 1,312,468 $ 1,304,989 49,781
1105
TOTAL GRF General Revenue Fund $ 1,312,468 $ 1,304,989 49,784
General Services Fund Group 49,787
4M6 146-601 Operating Expenses $ 338,667 $ 363,766 49,792
TOTAL GSF General Services 49,793
Fund Group $ 338,667 $ 363,766 49,796
TOTAL ALL BUDGET FUND GROUPS $ 1,651,135 $ 1,668,755 49,799
Section 49. EXP OHIO EXPOSITIONS COMMISSION 49,802
General Revenue Fund 49,804
GRF 723-403 Junior Fair Subsidy $ 500,000 $ 525,000 49,809
GRF 723-404 State Fair Reserve $ 700,000 $ 0 49,813
TOTAL GRF General Revenue Fund $ 1,200,000 $ 525,000 49,816
State Special Revenue Fund Group 49,819
506 723-601 Operating Expenses $ 13,483,707 $ 13,945,497 49,824
4N2 723-602 Ohio State Fair 49,826
Harness Racing $ 475,000 $ 500,000 49,828
640 723-603 State Fair Reserve $ 700,000 $ 0 49,832
TOTAL SSR State Special Revenue 49,833
Fund Group $ 14,658,707 $ 14,445,497 49,836
TOTAL ALL BUDGET FUND GROUPS $ 15,858,707 $ 14,970,497 49,839
State Fair Reserve 49,842
Within thirty days after the effective date of this 49,844
section, the Director of Budget and Management shall transfer 49,845
$700,000 in cash by intrastate transfer voucher from 49,846
appropriation item 723-404 to Fund 640, State Fair Reserve, which 49,847
is hereby created.
The foregoing appropriation item 723-603, State Fair 49,849
Reserve, shall serve as a budget reserve fund for the Ohio 49,850
Expositions Commission in the event of a significant decline in 49,851
attendance due to inclement weather or extraordinary 49,852
circumstances during the Ohio State Fair and resulting in a loss 49,853
of revenue. The State Fair Reserve may be used by the Ohio 49,854
Expositions Commission to pay bills resulting from the Ohio State 49,855
Fair only if all the following criteria are met: 49,856
(A) Admission revenues for the 1999 Ohio State Fair are 49,858
1106
less than $2,580,000 or admission revenues for the 2000 Ohio 49,859
State Fair are less than $2,660,000 due to inclement weather or 49,860
extraordinary circumstances. These amounts are ninety per cent 49,861
of the projected admission revenues for each year. 49,862
(B) The Ohio Expositions Commission declares a state of 49,864
fiscal exigency and requests release of funds by the Director of 49,865
Budget and Management. 49,866
(C) The Director of Budget and Management releases the 49,868
funds. The Director of Budget and Management may approve or 49,869
disapprove the request for release of funds, may increase or 49,870
decrease the amount of release, and may place such conditions as 49,871
the director deems necessary on the use of the released funds. 49,872
The Director of Budget and Management may transfer appropriation 49,873
authority from fiscal year 2000 to fiscal year 2001 as needed. 49,874
Not later than October 15 of each fiscal year, the Director 49,876
of Budget and Management, in consultation with the Expositions 49,877
Commission, shall determine the amount of available funds in Fund 49,878
640, State Fair Reserve. The Director of Budget and Management 49,879
may then transfer all or part of the available balance, as 49,880
needed, to Fund 5A4, Junior Fair Subsidy, which is hereby 49,881
created. Any amounts transferred to Fund 5A4, Junior Fair 49,882
Subsidy, shall be in addition to existing appropriations that 49,883
support Junior Fair activities.
Section 50. GOV OFFICE OF THE GOVERNOR 49,885
General Revenue Fund 49,887
GRF 040-321 Operating Expenses $ 4,621,451 $ 4,764,041 49,892
GRF 040-403 National Governors 49,894
Conference $ 170,848 $ 175,973 49,896
GRF 040-408 Office of Veterans' 49,898
Affairs $ 266,938 $ 274,866 49,900
TOTAL GRF General Revenue Fund $ 5,059,237 $ 5,214,880 49,903
General Services Fund Group 49,906
412 040-607 Notary Commission $ 156,666 $ 161,289 49,911
TOTAL GSF General Services 49,912
1107
Fund Group $ 156,666 $ 161,289 49,915
TOTAL ALL BUDGET FUND GROUPS $ 5,215,903 $ 5,376,169 49,918
Appointment of Legal Counsel for the Governor 49,921
The Governor may expend a portion of the foregoing 49,923
appropriation item 040-321, Operating Expenses, to hire or 49,924
appoint legal counsel to be used in proceedings involving the 49,925
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 49,926
notwithstanding sections 109.02 and 109.07 of the Revised Code. 49,927
Section 51. DOH DEPARTMENT OF HEALTH 49,929
General Revenue Fund 49,931
GRF 440-402 Osteoporosis 49,934
Awareness $ 50,000 $ 50,000 49,936
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 49,940
GRF 440-407 Encephalitis Control 49,942
Project $ 246,967 $ 250,484 49,944
GRF 440-412 Cancer Incidence 49,946
Surveillance System $ 877,770 $ 878,159 49,948
GRF 440-413 Ohio Health Care 49,950
Policy and Data $ 3,848,845 $ 3,848,845 49,952
GRF 440-416 Child and Family 49,954
Health Services $ 11,384,151 $ 11,244,770 49,956
GRF 440-418 Immunizations $ 7,417,075 $ 8,096,207 49,960
GRF 440-424 Kid's Card $ 250,000 $ 250,000 49,963
GRF 440-430 Adult Care Facilities $ 1,836,179 $ 1,818,757 49,967
GRF 440-439 Nursing Home Survey 49,969
and Certification $ 3,081,223 $ 3,159,794 49,971
GRF 440-444 AIDS Prevention/AZT $ 8,080,677 $ 8,784,732 49,975
GRF 440-445 Nurse Aide Program $ 618,832 $ 620,832 49,979
GRF 440-451 Prevention $ 6,134,734 $ 7,128,593 49,983
GRF 440-452 Child and Family 49,985
Health Care
Operations $ 989,603 $ 979,196 49,987
GRF 440-453 Quality Assurance $ 5,920,825 $ 5,946,099 49,991
1108
GRF 440-457 Services to State 49,993
Employees $ 135,143 $ 134,700 49,995
GRF 440-459 Ohio Early Start $ 12,380,104 $ 12,380,104 49,999
GRF 440-461 Vital Statistics $ 3,579,867 $ 3,541,713 50,003
GRF 440-501 Local Health 50,005
Districts $ 4,059,968 $ 4,157,407 50,007
GRF 440-504 Poison Control 50,009
Network $ 447,000 $ 451,728 50,011
GRF 440-505 Medically Handicapped 50,013
Children $ 12,533,049 $ 12,533,049 50,015
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 50,019
GRF 440-507 Cystic Fibrosis $ 799,968 $ 800,136 50,023
GRF 440-508 Migrant Health $ 125,460 $ 128,471 50,027
GRF 440-509 Health Services 50,029
Agencies $ 300,000 $ 150,000 50,031
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 50,035
TOTAL GRF General Revenue Fund $ 86,899,893 $ 89,148,845 50,038
General Services Fund Group 50,041
142 440-618 General Operations $ 3,661,794 $ 3,395,177 50,046
211 440-613 Central Support 50,048
Indirect Costs $ 24,374,512 $ 25,014,398 50,050
473 440-622 Lab Operating 50,052
Expenses $ 3,788,586 $ 3,843,985 50,054
683 440-633 Employee Assistance 50,056
Program $ 1,063,630 $ 1,034,876 50,058
698 440-634 Nurse Aide Training $ 300,000 $ 307,800 50,062
TOTAL GSF General Services 50,063
Fund Group $ 33,188,522 $ 33,596,236 50,066
Federal Special Revenue Fund Group 50,069
320 440-601 Maternal Child Health 50,072
Block Grant $ 26,200,000 $ 26,855,000 50,074
387 440-602 Preventive Health 50,076
Block Grant $ 8,786,601 $ 8,786,601 50,078
1109
389 440-604 Women, Infants, and 50,080
Children $ 177,000,000 $ 177,000,000 50,082
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 50,086
392 440-618 General Operations $ 63,328,268 $ 64,876,942 50,090
TOTAL FED Federal Special Revenue 50,091
Fund Group $ 295,174,513 $ 297,879,637 50,094
State Special Revenue Fund Group 50,097
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 50,102
4F9 440-610 Sickle Cell Disease 50,104
Control $ 966,867 $ 988,347 50,106
4G0 440-636 Heirloom Birth 50,108
Certificate $ 135,206 $ 138,853 50,110
4G0 440-637 Birth Certificate 50,112
Surcharge $ 51,400 $ 52,839 50,114
4L3 440-609 Miscellaneous 50,116
Expenses $ 445,000 $ 445,000 50,118
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 50,122
4V6 440-641 Save Our Sight $ 800,000 $ 800,000 50,125
470 440-618 General Operations $ 12,541,756 $ 12,320,915 50,129
471 440-619 Certificate of Need $ 321,962 $ 330,371 50,133
477 440-627 Medically Handicapped 50,135
Children Audit $ 1,600,000 $ 1,600,000 50,137
5B5 440-616 Quality, Monitoring, 50,139
and Inspection $ 740,973 $ 759,670 50,141
5C0 440-615 Alcohol Testing and 50,143
Permit $ 1,305,067 $ 1,325,113 50,145
5C1 440-642 TANF Family Planning $ 250,000 $ 250,000 50,149
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 50,153
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 50,157
610 440-626 Radiation Emergency 50,159
Response $ 920,982 $ 921,584 50,160
666 440-607 Medically Handicapped 50,162
Children-County
Assessments $ 14,433,293 $ 14,039,889 50,164
1110
TOTAL SSR State Special Revenue 50,165
Fund Group $ 40,557,358 $ 39,659,340 50,168
Holding Account Redistribution Fund Group 50,171
R14 440-631 Vital Statistics $ 68,691 $ 68,691 50,176
R48 440-625 Refunds, Grants 50,178
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 50,180
TOTAL 090 Holding Account 50,181
Redistribution
Fund Group $ 78,971 $ 78,971 50,184
TOTAL ALL BUDGET FUND GROUPS $ 455,899,257 $ 460,363,029 50,187
Hemophilia Services 50,190
Of the foregoing appropriation item 440-406, Hemophilia 50,192
Services, $205,000 in each fiscal year shall be used to implement 50,193
the Hemophilia Insurance Pilot Project. 50,194
Of the foregoing appropriation item 440-406, Hemophilia 50,196
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 50,197
year 2001 shall be used by the Department of Health to provide 50,198
grants to the nine hemophilia treatment centers to provide 50,199
prevention services for persons with hemophilia and their family 50,200
members affected by AIDS and other bloodborne pathogens. 50,201
Cancer Registry System 50,203
Of the foregoing appropriation item 440-412, Cancer 50,205
Incidence Surveillance System, $50,000 in each fiscal year shall 50,206
be provided to the Northern Ohio Cancer Resource Center. 50,207
The remaining moneys in appropriation item 440-412, Cancer 50,209
Incidence Surveillance System, shall be used to fund the Cancer 50,210
Surveillance System maintained and operated by the Arthur G. 50,211
James Cancer Hospital and Research Institute of The Ohio State 50,212
University pursuant to sections 3335.60 to 3335.62 of the Revised 50,214
Code.
The Department of Health shall provide the Arthur G. James 50,216
Cancer Hospital and Research Institute of The Ohio State 50,217
University with all of its records pertaining to the department's 50,218
1111
former duties under sections 3701.261 (3335.60), 3701.262 50,219
(3335.61), and 3701.263 (3335.62) of the Revised Code as those 50,220
sections existed immediately prior to the effective date of their 50,221
amendment by this act. 50,222
Health Care Policy and Data 50,224
From the foregoing appropriation item 440-413, Ohio Health 50,226
Care Policy and Data, $750,000 in each fiscal year shall be used 50,227
for grants that enhance the quality and delivery of public and 50,228
private health services. Funds shall be distributed by the 50,229
Director of Health for a period of up to two years. The funds 50,230
granted by the Department of Health or other state dollars shall
constitute no more than 50 per cent of the total cost of the 50,231
program or project. The grantees shall use data collection and 50,232
analysis, community health needs assessments, and outcome 50,233
measurement to achieve the goals of the program or project. 50,234
Funded programs and projects shall demonstrate collaborative 50,235
activities between public health agencies and organizations,
provider alliances and organizations, or providers of acute 50,236
health care services. 50,237
Child and Family Health Services 50,239
Of the foregoing appropriation item 440-416, Child and 50,241
Family Health Services, $1,700,000 in each fiscal year shall be 50,242
used for family planning services. None of the funds received 50,244
through these family planning grants shall be used to provide 50,246
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 50,247
except in the case of a medical emergency. These funds shall be 50,248
distributed on the basis of the relative need in the community 50,249
served by the Director of Health to family planning programs, 50,250
which shall include family planning programs funded under Title V 50,251
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 50,253
301, as amended, and Title X of the "Public Health Services Act," 50,254
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 50,255
other family planning programs which the Department of Health 50,256
1112
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 50,257
emergency, with state moneys, but that otherwise substantially 50,258
comply with the quality standards for such programs under Title V 50,259
and Title X.
The Director of Health shall, by rule, provide reasonable 50,261
methods by which a grantee wishing to be eligible for federal 50,262
funding may comply with these requirements for state funding 50,263
without losing its eligibility for federal funding. 50,264
Of the foregoing appropriation item 440-416, Child and 50,266
Family Health Services, $150,000 in each fiscal year shall be 50,267
used to provide malpractice insurance for physicians and other 50,269
health professionals providing prenatal services in programs 50,270
funded by the Department of Health. 50,271
Of the foregoing appropriation item 440-416, Child and 50,273
Family Health Services, $650,000 in each fiscal year shall be 50,275
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 50,277
Family Health Services, $200,000 shall be used in each fiscal 50,279
year for the OPTIONS dental care access program. 50,280
Of the foregoing appropriation item 440-416, Child and 50,282
Family Health Services, $400,000 in each fiscal year shall be 50,283
used by local Child and Family Health Services Clinics to provide 50,284
services to uninsured low-income persons. 50,285
Of the foregoing appropriation item 440-416, Child and 50,287
Family Health Services, $600,000 in each fiscal year shall be 50,288
used by Federally Qualified Health Centers and federally 50,289
designated look-alikes to provide services to uninsured 50,290
low-income persons.
Of the foregoing appropriation item 440-416, Child and 50,292
Family Health Services, $25,000 in fiscal year 2000 shall be 50,293
provided to the Cincinnati Down Syndrome Association. 50,294
Of the foregoing appropriation item 440-416, Child and 50,296
Family Health Services, $40,000 in each fiscal year shall be 50,297
1113
provided to the Wellness Community Center. 50,298
Of the foregoing appropriation item 440-416, Child and 50,300
Family Health Services, $100,000 in fiscal year 2000 shall be 50,301
provided to the Marietta Community Nutrition Program for Children 50,302
in Washington County.
Of the foregoing appropriation item 440-416, Child and 50,304
Family Health Services, $55,000 in each fiscal year shall be 50,305
provided to the Miami Valley Youth Health Improvement Coalition. 50,306
Of the foregoing appropriation item 440-416, Child and 50,308
Family Health Services, $50,000 in fiscal year 2000 shall be used 50,309
for the Harrison Hills Clean Air Project. 50,310
HIV/AIDS Prevention/Protease Inhibitors 50,312
Of the foregoing appropriation item 440-444, AIDS 50,314
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 50,315
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 50,316
in acquiring protease inhibitor drugs. 50,317
Of the foregoing appropriation item 440-444, AIDS 50,319
Prevention/AZT, $124,500 in each fiscal year shall be used for 50,320
the AIDS Drug Reimbursement Program pursuant to section 3701.241 50,321
of the Revised Code and Title XXVI of the "Public Health Services 50,322
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 50,323
Department of Health is authorized to adopt rules pursuant to 50,324
Chapter 119. of the Revised Code as necessary for the 50,325
administration of the program. 50,326
Prevention 50,328
Of the foregoing appropriation item 440-451, Prevention, 50,330
$100,000 shall be used in each fiscal year for rape prevention 50,332
programs.
Of the foregoing appropriation item 440-451, Prevention, 50,334
$450,000 in fiscal year 2001 shall be used for rabies prevention. 50,335
Ohio Early Start 50,337
Of the foregoing appropriation item 440-459, Ohio Early 50,339
Start, $5.9 million in fiscal year 2000 and $6.0 million in 50,340
fiscal year 2001 shall be used for Welcome Home services that 50,341
1114
include home visits by registered nurses to first-time and teen 50,342
parents.
The remaining moneys in appropriation item 440-459, Ohio 50,344
Early Start, shall be used to provide services to children under 50,345
age three who are at risk of developmental delay or child abuse 50,346
and neglect. The appropriation shall be allocated with the 50,347
approval of the Family and Children First Cabinet Council and 50,348
pursuant to rules adopted in accordance with Chapter 119. of the 50,349
Revised Code.
Poison Control Network 50,351
Of the foregoing appropriation item 440-504, Poison Control 50,353
Network, all available funds in each fiscal year shall be used by 50,354
the Department of Health for grants to the consolidated Ohio 50,355
Poison Control Center to provide poison control services to Ohio 50,356
citizens. 50,357
Tuberculosis 50,359
The foregoing appropriation item 440-506, Tuberculosis, 50,361
shall be used to make payments to counties pursuant to section 50,362
339.43 of the Revised Code. 50,363
Health Services Agencies 50,365
The foregoing appropriation item 440-509, Health Services 50,367
Agencies, shall be used as supplemental General Revenue Fund 50,368
subsidy funding for the seven health service agencies that are 50,369
active upon the effective date of this section. It is the intent 50,370
of the General Assembly to phase out General Revenue Fund subsidy 50,371
funding for health service agencies over the course of the 50,372
biennium beginning July 1, 1999, and to terminate such GRF 50,373
subsidy funding with the biennium beginning July 1, 2001. 50,374
Maternal Child Health Block Grant 50,376
Of the foregoing appropriation item 440-601, Maternal Child 50,378
Health Block Grant (Fund 320), $2,091,299 shall be used in each 50,379
fiscal year for the purposes of abstinence-only education. The 50,380
Director of Health shall develop guidelines for the establishment 50,381
of abstinence programs for teenagers with the purpose of
1115
decreasing unplanned pregnancies and abortion. Such guidelines 50,382
shall be pursuant to Title V of the "Social Security Act," 42 50,383
U.S.C.A. 510, and shall include, but are not limited to, 50,384
advertising campaigns and direct training in schools and other 50,385
locations.
A portion of the foregoing appropriation item 440-601, 50,387
Maternal Child Health Block Grant (Fund 320), may be used to 50,388
ensure that current information on sudden infant death syndrome 50,389
is available for distribution by local health districts. 50,390
Genetics Services 50,392
The foregoing appropriation item 440-608, Genetics Services 50,394
(Fund 4D6), shall be used by the Department of Health to 50,395
administer programs authorized by sections 3701.501 and 3701.502 50,396
of the Revised Code. 50,397
Sickle Cell Fund 50,399
The foregoing appropriation item 440-610, Sickle Cell 50,401
Disease Control (Fund 4F9), shall be used by the Department of 50,402
Health to administer programs authorized by section 3701.131 of 50,403
the Revised Code. The source of the funds is as specified in 50,404
section 3701.23 of the Revised Code. 50,405
Osteoporosis Awareness Program 50,407
Grants from pharmaceutical companies, and others, for the 50,409
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 50,410
Non-Governmental Revenue, and shall be used, along with 50,411
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 50,413
Office of Women's Health Initiatives to implement an Osteoporosis 50,414
Awareness Program.
Medically Handicapped Children Audit 50,416
The Medically Handicapped Children Audit Fund (Fund 477) 50,418
shall receive revenue from audits of hospitals and recoveries 50,419
from third-party payors. Moneys may be expended for payment of 50,420
audit settlements and for costs directly related to obtaining 50,421
recoveries from third-party payors and for encouraging Program 50,422
for Medically Handicapped Children recipients to apply for 50,423
1116
third-party benefits. Moneys also may be expended for payments 50,424
for diagnostic and treatment services on behalf of medically 50,425
handicapped children, as defined in division (A) of section 50,426
3701.022 of the Revised Code, and Ohio residents who are 50,427
twenty-one or more years of age and who are suffering from cystic 50,428
fibrosis.
TANF Family Planning 50,430
The Director of Budget and Management shall transfer, no 50,432
later than 15 days after the effective date of this section, cash 50,433
from the General Revenue Fund, appropriation item 400-410, TANF 50,434
State, to State Special Revenue Fund 5C1 in the Department of 50,435
Health, in an amount of $250,000 in fiscal year 2000. These funds 50,436
are to be appropriated in appropriation item 440-642, TANF Family 50,437
Planning, for the purpose of family planning services for 50,438
children or their families whose income is at or below 200 per 50,439
cent of the official poverty guideline. 50,440
The Director of Budget and Management shall transfer, no 50,442
later than July 15, 2000, cash from the General Revenue Fund, 50,443
appropriation item 600-410, TANF State, to State Special Revenue 50,444
Fund 5C1 in the Department of Health, in an amount of $250,000 in 50,445
fiscal year 2001. These funds are to be appropriated in 50,446
appropriation item 440-642, TANF Family Planning, for the purpose 50,447
of family planning services for children or their families whose 50,448
income is at or below 200 per cent of the official poverty 50,449
guideline. 50,450
As used in this section, "poverty guideline" means the 50,452
official poverty guideline as revised annually by the United 50,453
States Secretary of Health and Human Services in accordance with 50,454
section 673 of the Community Services Block Grant Act, 95 Stat. 50,455
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 50,456
to the size of the family of the person whose income is being 50,457
determined.
Rabies Prevention 50,459
The foregoing appropriation item 440-624, Health Services 50,461
1117
(Fund 5E1), shall be used for rabies prevention. 50,462
Medically Handicapped Children - County Assessments 50,465
The foregoing appropriation item 440-607, Medically 50,467
Handicapped Children - County Assessments (Fund 666), shall be 50,468
used to make payments pursuant to division (E) of section 50,469
3701.023 of the Revised Code. 50,470
Cash Transfer from Liquor Control Fund to Alcohol Testing 50,472
and Permit Fund 50,473
The Director of Budget and Management, pursuant to a plan 50,475
submitted by the Department of Health, or as otherwise determined 50,477
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 50,479
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 50,480
needs of the Alcohol Testing and Permit program. 50,481
The Director of Budget and Management shall transfer to the 50,483
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 50,484
Control Fund (Fund 043) established in section 4301.12 of the 50,485
Revised Code such amounts at such times as determined by the 50,486
transfer schedule.
Indigent Persons Care Study 50,488
Before December 31, 1999, the Department of Health shall 50,490
submit a report to the Governor, the Speaker of the House of 50,491
Representatives, the President of the Senate, the Minority Leader 50,492
of the House of Representatives, the Minority Leader of the 50,493
Senate, the Legislative Budget Office of the Legislative Service 50,494
Commission, and the Office of Budget and Management. The report 50,495
shall include findings based on the data collected between July 50,496
1, 1997, and June 30, 1999, regarding the number of indigent 50,497
persons involved in motor vehicle accidents, the cost of the 50,498
indigent persons' medical care, and how the care was paid for. 50,499
Section 52. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 50,501
General Revenue Fund 50,503
GRF 148-100 Personal Services $ 173,950 $ 178,125 50,508
GRF 148-200 Maintenance $ 37,422 $ 38,320 50,512
1118
TOTAL GRF General Revenue Fund $ 211,372 $ 216,445 50,515
General Services Fund Group 50,517
601 148-602 Gifts and 50,520
Miscellaneous $ 8,107 $ 8,302 50,522
TOTAL GSF General Services 50,523
Fund Group $ 8,107 $ 8,302 50,526
TOTAL ALL BUDGET FUND GROUPS $ 219,479 $ 224,747 50,529
Resource Utilization Study 50,532
The Commission on Hispanic/Latino Affairs shall explore 50,534
with the University of Toledo, or any other state university or 50,535
college, better options for utilizing the state resources 50,536
provided to the commission. The commission shall submit a report 50,537
of its findings to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader 50,538
of the House of Representatives, and the Minority Leader of the 50,539
Senate by December 31, 2000. 50,540
Section 53. OHS OHIO HISTORICAL SOCIETY 50,542
General Revenue Fund 50,544
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 50,549
GRF 360-502 Site Operations $ 7,713,699 $ 7,406,284 50,553
GRF 360-503 Ohio Bicentennial 50,555
Commission $ 1,146,155 $ 1,108,063 50,557
GRF 360-504 Ohio Preservation 50,559
Office $ 418,507 $ 426,824 50,561
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 50,565
GRF 360-506 Hayes Presidential 50,567
Center $ 751,229 $ 769,258 50,569
GRF 360-508 Historical Grants $ 2,917,000 $ 600,000 50,573
GRF 360-509 Adena Visitor Center 50,575
and Grounds $ 1,200,000 $ 0 50,577
GRF 360-511 Battle Flags 50,578
Restoration $ 125,000 $ 125,000 50,580
TOTAL GRF General Revenue Fund $ 19,257,139 $ 15,540,630 50,583
TOTAL ALL BUDGET FUND GROUPS $ 19,257,139 $ 15,540,630 50,586
1119
Subsidy Appropriation 50,589
Upon approval by the Director of Budget and Management, the 50,591
foregoing appropriation items shall be released to the Ohio 50,592
Historical Society in quarterly amounts that in total do not 50,593
exceed the annual appropriations. The funds and fiscal records 50,594
of the society for fiscal years 2000 and 2001 shall be examined 50,595
by independent certified public accountants approved by the 50,596
Auditor of State, and a copy of the audited financial statements 50,597
shall be filed with the Office of Budget and Management. The 50,598
society shall prepare and submit to the Office of Budget and 50,600
Management the following:
(A) An estimated operating budget for each fiscal year of 50,602
the biennium. The operating budget shall be submitted at or near 50,603
the beginning of each year. 50,604
(B) Financial reports, indicating actual receipts and 50,606
expenditures for the fiscal year to date. These reports shall be 50,607
filed at least semiannually during the fiscal biennium. 50,608
The foregoing appropriations shall be considered to be the 50,610
contractual consideration provided by the state to support the 50,611
state's offer to contract with the Ohio Historical Society under 50,612
section 149.30 of the Revised Code. 50,613
Study to Determine Digitizing Costs 50,615
The Ohio Historical Society, with the assistance of the 50,617
Department of Administrative Services and the cooperation of the 50,618
Department of Health when relevant, shall conduct a study to 50,619
determine the feasibility, advisability, reasonable timelines, 50,620
and probable costs of digitizing its archives and library 50,621
records, the birth and death records maintained by the Ohio
Department of Health, and such other historical records for the 50,622
purpose of providing internet access to such records. The 50,623
society shall report findings of the study to the Governor and 50,624
the General Assembly by December 31, 1999. 50,625
Site Operations 50,627
Of the foregoing appropriation item 360-502, Site 50,629
1120
Operations, $150,000 in fiscal year 2000 shall be used for the 50,630
Neil Armstrong Museum and $231,000 in fiscal year 2000 shall be 50,631
used for the Piqua Historical Area.
Ohio Bicentennial Commission 50,633
Of the foregoing appropriation item 360-503, Ohio 50,635
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 50,636
used for the Newark Bicentennial, $25,000 in fiscal year 2000 50,637
shall be used for the Greenfield Bicentennial, $25,000 in fiscal 50,638
year 2000 shall be used for the Bethel Bicentennial, and $50,000 50,639
in fiscal year 2000 shall be used for the Aurora Bicentennial.
Historical Grants 50,641
Of the foregoing appropriation item 360-508, Historical 50,643
Grants, $1,000,000 in fiscal year 2000 shall be distributed to 50,644
the Cleveland Museum of Art; $25,000 in each fiscal year shall be 50,645
used for Thurber House; $225,000 in each fiscal year shall be 50,646
used for the American Classical Music Hall of Fame and Museum;
$1,000,000 in fiscal year 2000 shall be distributed to the 50,647
Western Reserve Historical Society; $10,000 in fiscal yar 2000 50,648
shall be released to Historic Hopewell; $50,000 in fiscal year 50,649
2000 shall be used for the Noble County Historical Society; 50,650
$250,000 in each fiscal year shall be used for the Great Lakes 50,651
Historical Society/Maritime Museum; $100,000 in fiscal year 2000
shall be used for the Tallmadge Church State Memorial; $100,000 50,652
in each fiscal year shall be used for the Erie Canal Association; 50,653
$50,000 in fiscal year 2000 shall be used for the Fountain Square 50,654
Renovation in Cincinnati; $7,000 in fiscal year 2000 shall be 50,655
used for the Franklin College Museum; and $100,000 in fiscal year 50,656
2000 shall be used for the Hebrew Union College Holocaust Records 50,657
Studies Program.
Adena Visitor Center and Grounds 50,659
The foregoing appropriation item 360-509, Adena Visitor 50,661
Center and Grounds, shall be used toward the completion of a 50,662
visitor center and the repair, restoration, and renovation of 50,663
existing structures in preparation for Ohio's bicentennial 50,664
1121
celebration.
Hayes Presidential Center 50,666
If a United States government agency, including, but not 50,668
limited to, the National Park Service, chooses to take over the 50,669
operations and/or maintenance of the Hayes Presidential Center, 50,670
in whole or in part, the Ohio Historical Society shall make 50,672
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 50,674
and/or maintenance.
Ohio Historical Society Review Committee 50,676
(A) There is hereby created the Ohio Historical Society 50,678
Review Committee consisting of seven members. The Governor, the 50,679
Speaker of the House of Representatives, the President of the 50,680
Senate, and the minority leaders of the House and the Senate 50,681
shall each appoint one member. The President of the Ohio 50,682
Historical Society Board of Trustees, and another member of the 50,683
Ohio Historical Society Board shall also be members. 50,684
(1) All members shall serve without compensation. 50,686
(2) Four members shall constitute a quorum. 50,688
(3) The society's members shall include one representative 50,690
who is elected by the society and one who is appointed by the 50,691
Governor.
(4) The review committee shall select a chairperson from 50,693
among its members.
(B) The task of the review committee shall include, but is 50,695
not limited to, the formulation of financial alternatives 50,696
concerning future funding needs, a review of the appropriateness 50,697
of the statutory duties of the society, and a review of the 50,698
financial and governance relationship between the state and the
Ohio Historical Society. 50,699
(C) The review committee shall make recommendations to the 50,701
Governor, the House of Representatives, the Senate, and the Ohio 50,702
Historical Society by October 1, 2000, at which time the 50,704
committee shall be terminated.
1122
(D) The review committee may enter into professional 50,706
services contracts to assist with their review. Such expenses, 50,707
and other expenses related to the activities of the review 50,708
committee, shall be paid from the foregoing appropriation item 50,710
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 50,711
Section 54. REP OHIO HOUSE OF REPRESENTATIVES 50,713
General Revenue Fund 50,715
GRF 025-321 Operating Expenses $ 17,989,966 $ 17,989,966 50,720
TOTAL GRF General Revenue Fund $ 17,989,966 $ 17,989,966 50,723
General Services Fund Group 50,726
103 025-601 House Reimbursement $ 1,287,500 $ 1,287,500 50,731
4A4 025-602 Miscellaneous Sales $ 33,990 $ 33,990 50,735
TOTAL GSF General Services 50,736
Fund Group $ 1,321,490 $ 1,321,490 50,739
TOTAL ALL BUDGET FUND GROUPS $ 19,311,456 $ 19,311,456 50,742
Section 55. HUM DEPARTMENT OF HUMAN SERVICES 50,745
General Revenue Fund 50,747
GRF 400-100 Personal Services 50,750
State $ 36,596,987 $ 0 50,754
Federal $ 17,903,068 $ 0 50,758
Personal Services 50,760
Total $ 54,500,055 $ 0 50,762
GRF 400-200 Maintenance 50,764
State $ 17,044,633 $ 0 50,768
Federal $ 7,409,647 $ 0 50,772
Maintenance Total $ 24,454,280 $ 0 50,776
GRF 400-300 Equipment 50,778
State $ 925,465 $ 0 50,782
Federal $ 406,522 $ 0 50,786
Equipment Total $ 1,331,987 $ 0 50,790
GRF 400-402 Electronic Benefits 50,792
Transfer (EBT)
State $ 7,260,457 $ 0 50,796
1123
Federal $ 7,260,458 $ 0 50,800
EBT Total $ 14,521,095 $ 0 50,804
GRF 400-405 Family Violence 50,806
Prevention Programs $ 812,274 $ 0 50,808
GRF 400-408 Child & Family 50,810
Services Activities $ 3,104,606 $ 0 50,812
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 50,816
GRF 400-410 TANF State $ 261,857,133 $ 0 50,820
GRF 400-411 TANF Federal Block 50,822
Grant $ 417,200,000 $ 0 50,824
GRF 400-413 Day Care Match/Maint. 50,826
of Effort $ 76,454,292 $ 0 50,828
GRF 400-416 Computer Projects 50,830
State $ 69,280,200 $ 0 50,834
Federal $ 29,719,800 $ 0 50,838
Computer Projects 50,840
Total $ 99,000,000 $ 0 50,842
GRF 400-420 Child Support 50,844
Administration $ 7,125,822 $ 0 50,846
GRF 400-426 Children's Health 50,848
Insurance Program
State $ 2,104,086 $ 0 50,852
Federal $ 4,656,614 $ 0 50,856
Children's Health 50,858
Insurance Program
Total $ 6,760,700 $ 0 50,860
GRF 400-502 Child Support Match $ 20,207,796 $ 0 50,864
GRF 400-504 Non-TANF County 50,866
Administration $ 76,017,940 $ 0 50,868
GRF 400-511 Disability Assistance $ 52,400,000 $ 0 50,872
GRF 400-512 Non-TANF Emergency 50,874
Assistance $ 4,200,000 $ 0 50,876
GRF 400-522 Burial Claims $ 1,338,062 $ 0 50,880
GRF 400-525 Health Care/Medicaid 50,882
1124
State $2,286,724,346 $ 0 50,886
Federal $3,220,800,570 $ 0 50,890
Health Care/Medicaid 50,892
Total $5,507,524,916 $ 0 50,894
GRF 400-527 Child Protective 50,896
Services $ 54,808,735 $ 0 50,898
GRF 400-528 Adoption Services 50,900
State $ 27,253,334 $ 0 50,904
Federal $ 25,996,634 $ 0 50,908
Adoption Services 50,910
Total $ 53,249,968 $ 0 50,912
GRF 400-534 Adult Protective 50,914
Services $ 3,031,340 $ 0 50,916
GRF 400-552 County Social 50,918
Services $ 12,072,886 $ 0 50,920
TOTAL GRF General Revenue Fund 50,921
State $2,799,189,999 $ 0 50,925
Federal $3,967,121,403 $ 0 50,929
GRF Total $6,766,311,402 $ 0 50,933
General Services Fund Group 50,936
4A8 400-658 Child Support 50,939
Collections $ 42,751,619 $ 0 50,941
4R4 400-665 BCII Service Fees $ 110,119 $ 0 50,945
5C9 400-671 Medicaid Program 50,947
Support $ 83,135,065 $ 0 50,949
613 400-645 Training Activities $ 75,000 $ 0 50,953
TOTAL GSF General Services 50,954
Fund Group $ 126,071,803 $ 0 50,957
Federal Special Revenue Fund Group 50,960
3A2 400-641 Emergency Food 50,963
Distribution $ 1,499,480 $ 0 50,965
3D3 400-648 Children's Trust Fund 50,967
Federal $ 2,040,524 $ 0 50,969
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 50,973
1125
3F0 400-650 Hospital Care 50,975
Assurance Match $ 319,566,075 $ 0 50,977
3G5 400-655 Interagency 50,979
Reimbursement $ 775,423,674 $ 0 50,981
3G9 400-657 Special 50,983
Activities/Self
Sufficiency $ 498,600 $ 0 50,985
3H7 400-617 Day Care Federal $ 155,531,296 $ 0 50,989
3N0 400-628 IV-E Foster Care 50,991
Maintenance/Pass 50,992
Through $ 162,844,023 $ 0 50,994
3S5 400-622 Child Support 50,996
Projects $ 534,050 $ 0 50,998
316 400-602 State and Local 51,000
Training $ 6,770,894 $ 0 51,002
327 400-606 Child Welfare $ 29,007,597 $ 0 51,006
384 400-610 Food Stamps and State 51,008
Administration $ 141,595,547 $ 0 51,010
385 400-614 Foreign Refugees $ 7,309,725 $ 0 51,014
395 400-616 Special 51,016
Activities/Child and
Family Services $ 4,418,844 $ 0 51,018
396 400-620 Social Services Block 51,020
Grant $ 73,947,634 $ 0 51,022
397 400-626 Child Support $ 216,456,690 $ 0 51,026
398 400-627 Adoption Maintenance/ 51,028
Administration $ 204,774,490 $ 0 51,031
TOTAL FED Federal Special Revenue 51,032
Fund Group $2,320,304,935 $ 0 51,035
State Special Revenue Fund Group 51,038
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 51,043
4E3 400-605 Nursing Home 51,045
Assessments $ 92,910 $ 0 51,047
1126
4E7 400-604 Child and Family 51,049
Services Collections $ 138,780 $ 0 51,051
4F1 400-609 Foundation 51,053
Grants/Child and
Family Services $ 1,383,822 $ 0 51,055
4J5 400-613 Nursing Facility Bed 51,057
Assessments $ 32,319,125 $ 0 51,059
4J5 400-618 Residential State 51,061
Supplement Payments $ 14,112,907 $ 0 51,063
4K1 400-621 ICF MR Bed 51,065
Assessments $ 21,323,562 $ 0 51,067
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 51,071
4V2 400-612 Child Support 51,073
Activities $ 124,993 $ 0 51,075
421 400-625 Health Care 51,077
Compliance $ 10,000,000 $ 0 51,079
5E3 400-633 EBT Contracted 51,080
Services $ 1,000,000 $ 0 51,082
5E4 400-615 Private Child Care 51,084
Agencies Training $ 10,280 $ 0 51,086
6A7 400-656 Ford Foundation 51,088
Grants/Self
Sufficiency $ 61,680 $ 0 51,090
600 400-603 Third-Party 51,092
Recoveries $ 13,000,000 $ 0 51,094
651 400-649 Hospital Care 51,096
Assurance Program $ 228,951,047 $ 0 51,098
TOTAL SSR State Special Revenue 51,099
Fund Group $ 326,686,270 $ 0 51,102
Agency Fund Group 51,105
192 400-646 Support Intercept - 51,108
Federal $ 68,354,979 $ 0 51,110
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 51,114
1127
583 400-642 Support 51,116
Intercept-State $ 14,458,021 $ 0 51,118
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 51,121
Holding Account Redistribution Fund Group 51,124
R12 400-643 Refunds and Audit 51,127
Settlements $ 200,000 $ 0 51,129
R13 400-644 Forgery Collections $ 700,000 $ 0 51,133
TOTAL 090 Holding Account 51,134
Redistribution
Fund Group $ 900,000 $ 0 51,137
TOTAL ALL BUDGET FUND GROUPS $9,628,227,410 $ 0 51,140
Section 55.01. Family Violence Prevention 51,143
The foregoing appropriation item 400-405, Family Violence 51,145
Prevention Programs, may be used to provide grants for county and 51,146
local family violence prevention community education initiatives, 51,147
and to provide funding for domestic violence shelters that the 51,148
Department of Human Services determines are exclusively for 51,150
victims of domestic violence.
Section 55.02. Health Care/Medicaid 51,152
The foregoing appropriation item 400-525, Health 51,154
Care/Medicaid, shall not be limited by the provisions of section 51,155
131.33 of the Revised Code. 51,156
Section 55.03. Medicaid Eligibility Simplifications 51,158
(A) The Department of Human Services may implement a 51,160
series of initiatives designed to simplify eligibility 51,161
determination procedures in the Medicaid program. The 51,162
initiatives may be designed to do the following: 51,163
(1) Reduce the complexity of the processes used in 51,165
applying for benefits and in making eligibility determinations, 51,166
including redeterminations of eligibility; 51,167
(2) Create and promote consistency from county to county 51,169
with regard to the Medicaid application and eligibility 51,170
determination processes; 51,171
(3) Coordinate, where possible, the Medicaid application 51,173
1128
and eligibility determination processes with other health and 51,174
human services programs; 51,175
(4) Provide information to the public regarding the 51,177
opportunity to receive Medicaid benefits and how to apply for 51,178
them.
(B) During state fiscal year 2000, the Department of Human 51,180
Services may work with a targeted group of county departments of 51,181
human services in developing and testing the initiatives to 51,182
determine which initiatives would be best for implementation 51,183
statewide. The department may work with the county departments 51,184
from the following counties: Butler, Clermont, Cuyahoga, 51,185
Franklin, Hamilton, Hocking, Warren, and any other counties 51,186
selected by the department. During state fiscal year 2001, the 51,187
department may promote the initiatives that were determined to be 51,189
best for statewide implementation.
County Outreach Plans 51,191
The Department of Human Services may allow for the 51,193
pass-through of federal nonenhanced Medicaid administrative 51,194
matching funds to county departments of human services that 51,195
submit Medicaid outreach plans that meet the requirements of this 51,196
section.
(A) The Department of Human Services may approve only 51,198
those plans that: 51,199
(1) Incorporate methods that the department has determined 51,201
will be effective in increasing the enrollment of eligible 51,202
individuals in Medicaid;
(2) Provide sufficient local match to meet the nonfederal 51,204
share of the county plan; 51,205
(3) Comply with the laws of this state and federal 51,207
regulations.
(B) The total amount passed through under this section 51,209
shall not exceed $4,000,000 in fiscal year 2000 and $4,000,000 in 51,210
fiscal year 2001. 51,211
(C) In the event that changes occur in the requirements 51,213
1129
for federal funding for Medicaid administration or outreach, 51,214
including changes in continuation of the enhanced Medicaid 51,215
outreach funds through the Personal Responsibility and Work 51,216
Opportunity Reconciliation Act of 1996 beyond federal fiscal year 51,217
1999, the Department of Human Services may terminate the 51,218
pass-through of federal funds authorized by this section. 51,219
Section 55.04. Community Based Providers 51,221
From the foregoing appropriation item 400-525, Health 51,223
Care/Medicaid, $34,600,000 in fiscal year 2000 shall be used to 51,224
increase reimbursements in accordance with division (B) of 51,225
section 5111.025 of the Revised Code.
Section 55.05. Disability Assistance 51,227
The following schedule shall be used to determine monthly 51,229
grant levels in the Disability Assistance Program effective July 51,230
1, 1999. 51,231
Persons in 51,233
Assistance Group Monthly Grant 51,234
1 $115 51,237
2 159 51,238
3 193 51,239
4 225 51,240
5 251 51,241
6 281 51,242
7 312 51,243
8 361 51,244
9 394 51,245
10 426 51,246
11 458 51,247
12 490 51,248
13 522 51,249
14 554 51,250
For each additional person add 40 51,253
TANF Federal Funds 51,256
Upon the request of the Department of Human Services, the 51,258
1130
Controlling Board may increase appropriations in appropriation 51,260
item 400-411, TANF Federal Block Grant, provided sufficient 51,261
Federal TANF block grant funds exist to do so, without any 51,262
corresponding decrease in other appropriation items. The 51,264
department shall first provide the Office of Budget and
Management with documentation to support the need for the 51,265
increased appropriation.
All transfers of moneys from or charges against TANF 51,267
Federal Block Grant awards for use in the Social Services Block 51,268
Grant or the Child Care Development Block Grant from either 51,269
unobligated prior year appropriation authority in item 400-411, 51,270
or from FY 2000 appropriation authority in item 400-411, that 51,271
meet or exceed the Controlling Board thresholds as defined in
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 51,272
Code, shall be done only with the approval of the Controlling 51,273
Board. The Department of Human Services shall first provide the 51,274
Office of Budget and Management with documentation to support the 51,275
need for such transfers or charges for use in the Social Services 51,276
Block Grant or in the Child Care Development Block Grant. 51,277
TANF Cash Assistance 51,279
The Department of Human Services shall use a portion of the 51,281
moneys appropriated for the TANF program in appropriation items 51,282
400-410, 400-411, and 400-658 to increase the cash assistance 51,283
provided to recipients of benefits under the TANF program by up 51,284
to three per cent as compared to the cash assistance provided 51,285
prior to July 1, 1999. The increased TANF cash assistance
benefit shall be effective January 1, 2000. 51,286
TANF County Incentives 51,288
Of the foregoing appropriation item 400-411, TANF Federal 51,290
Block Grant, the Department of Human Services may provide 51,292
financial incentives to those county departments of human 51,293
services that have exceeded performance standards adopted by the 51,294
state department, and where the board of county commissioners has 51,295
entered into a written agreement with the state department under
1131
section 5101.21 of the Revised Code governing the administration 51,296
of the county department. Any financial incentive funds provided 51,297
pursuant to this division shall be used by the county department 51,298
for additional or enhanced services for families eligible for 51,299
assistance under Chapter 5107. or 5108. of the Revised Code or, 51,301
upon request by the county and approval by the Department of
Human Services, be transferred to the Child Care Development Fund 51,302
or the Social Services Block Grant. The county departments of 51,303
human services may retain and expend such funds without regard to 51,305
the state or county fiscal year in which the financial incentives 51,306
were earned or paid. Each county department of human services 51,307
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 51,308
these financial incentives and an evaluation of the effectiveness 51,309
of the county department's use of these funds in achieving 51,310
self-sufficiency for families eligible for assistance under 51,311
Chapter 5107. or 5108. of the Revised Code.
TANF Transportation Services 51,313
From the foregoing appropriation items 400-410, TANF State, 51,315
or 400-411, TANF Federal Block Grant, or a combination of both, 51,316
up to $5,000,000 in fiscal year 2000 shall be used to expand the 51,317
accessibility of transportation services for participants in 51,318
programs funded from these appropriation items. 51,319
Hamilton Health Care Center 51,321
In fiscal year 2000, the Director of Human Services shall 51,323
provide $100,000 from appropriation item 400-410, TANF State, to 51,324
the Butler County department of human services for the purpose of 51,325
contracting with the Hamilton Health Care Center to provide 51,326
health care services for children or their families who reside in 51,327
Butler County whose income is at or below 200 per cent of the 51,328
official income poverty guideline. The Butler County Department 51,329
of Human Services and the Hamilton Health Care Center shall agree 51,330
on reporting requirements that meet all TANF reporting
requirements and time lines specified by the Department of Human 51,331
1132
Services to be incorporated into the contract. 51,333
As used in this section, "poverty guideline" means the 51,335
official proverty guideline as revised annually by the United 51,336
States Secretary of Health and Human Services in accordance with 51,337
section 673 of the "Community Services Block Grant Act," 95 Stat. 51,338
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 51,340
to the size of the family of the person whose income is being
determined. 51,341
Alcohol and Drug Addiction Services Transfer 51,343
From the foregoing appropriation item 400-410, TANF State, 51,345
no later than 30 days after the effective date of this section, 51,346
the Director of Budget and Management shall transfer $1,500,000 51,347
in appropriation authority to State Special Revenue Fund 5B7, 51,348
appropriation item 038-629, TANF Transfer-Treatment, and $123,864 51,349
in appropriation authority to State Special Revenue Fund 5E8, 51,350
appropriation item 038-630, TANF Transfer-Mentoring, in the 51,351
Department of Alcohol and Drug Addiction Services. Of the 51,353
amounts transferred, $1,500,000 in appropriation authority shall 51,354
be used to provide substance abuse prevention and treatment 51,355
services to children, or their families, whose income is at or 51,356
below 200 per cent of the official income poverty guideline. The 51,357
remaining $123,864 in transferred appropriation authority shall 51,358
be used to fund adolescent youth mentoring programs for children 51,359
or their families whose income is at or below 200 per cent of the 51,360
official income poverty guideline. The Department of Alcohol and 51,361
Drug Addiction Services shall comply with all TANF reporting 51,362
requirements and timelines specified by the Department of Human 51,363
Services.
Individual Development Accounts 51,365
From the foregoing appropriation items 400-410, TANF State, 51,367
or 400-411, TANF Federal Block Grant, or a combination of both, 51,368
up to $2,000,000 in fiscal year 2000 shall be used to allow 51,370
county departments of human services to make matching
contributions to Individual Development Accounts that have been 51,371
1133
established by residents of the county. 51,372
Human Services Personal Care Assistance 51,374
In fiscal year 2000, the Director of Human Services shall 51,376
provide $240,000 from appropriation item 400-410, TANF State to 51,377
be divided between the county departments of human services of 51,378
Cuyahoga County and Franklin County to contract with the 51,379
Rehabilitation Services Commission to place up to 25
TANF-eligible persons into jobs as personal care assistants. The 51,381
county departments of human services in Cuyahoga County and 51,382
Franklin County and the Rehabilitation Services Commission shall 51,383
agree on reporting requirements that meet all TANF reporting
requirements and timelines specified by the Department of Human 51,384
Services to be incorporated into the contract. 51,385
TANF Family Planning 51,387
The Director of Budget and Management shall transfer, no 51,389
later than 15 days after the effective date of this section, 51,390
$250,000 in fiscal year 2000 from appropriation item 400-410, 51,391
TANF State, or 400-411, TANF Federal Block Grant, or a 51,392
combination of both, to State Special Revenue Fund 5C1, TANF
Family Planning, in the Department of Health, to be used for 51,393
family planning services. 51,394
Ohio Association of Second Harvest Food Banks 51,396
The Department of Human Services may use up to $2,500,000 51,398
in fiscal year 2000 of the funds transferred from the Temporary 51,399
Assistance to Needy Families Block Grant to the Social Services 51,400
Block Grant to support expenditures to Ohio Association of Second 51,401
Harvest Food Banks pursuant to the following criteria.
As used in this section, "proverty guideline" means the 51,403
official poverty guideline as revised annually by the United 51,404
States Secretary of Health and Human Services in accordance with 51,405
section 673 of the "Community Services Block Grant Act," 95 Stat. 51,406
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 51,408
to the size of the family of the person whose income is being
determined. 51,409
1134
The Department of Human Services shall provide an annual 51,411
grant of $2,500,000 in fiscal year 2000 to the Ohio Association 51,412
of Second Harvest Food Banks. In fiscal year 2000, the Ohio 51,413
Association of Second Harvest Food Banks shall use $1,500,000 for 51,414
the purchase of food products for the Ohio Food Program of which 51,415
up to $105,000 may be used for food storage and transport and
shall use $1,000,000 for the Agricultural Surplus Production 51,416
Alliance Project. Funds provided for the Ohio Food Program shall 51,417
be used to purchase food products and distribute those food 51,418
products to agencies participating in the emergency food
distribution program. No funds provided through this grant may 51,419
be used for administrative expenses other than funds provided for 51,420
food storage and transport. As soon as possible after entering 51,421
into a grant agreement at the beginning of the fiscal year, the 51,422
Department of Human Services shall distribute the grant funds in 51,423
one single payment. The Ohio Association of Second Harvest Food 51,424
Banks shall develop a plan for the distribution of the food 51,425
products to local food distribution agencies. Agencies receiving
these food products shall ensure that individuals and families 51,426
who receive any of the food products purchased with these funds 51,427
have an income at or below 150 per cent of the poverty guideline. 51,428
The Department of Human Services and the Ohio Association of 51,429
Second Harvest Food Banks shall agree on reporting requirements 51,430
to be incorporated into the grant agreement.
Any fiscal year 2000 funds from this grant remaining 51,432
unspent on June 30, 2000, shall be returned by the Ohio 51,433
Association of Second Harvest Food Banks to the Department of 51,434
Human Services no later than November 1, 2000.
Computer Related Services 51,436
The Department of Human Services may use up to $20,000,000 51,438
in state fiscal year 2000 of the funds transferred from the 51,439
Temporary Assistance to Needy Families to the Social Service 51,440
Block Grant to support computer related expenditures for services 51,441
that benefit the County Department of Human Services. 51,442
1135
Additional Maintenance of Effort and Matching Funding for 51,444
the Child Care Development Fund 51,445
The Department of Human Services may transfer sufficient 51,447
moneys from the Temporary Assistance to Needy Families Block 51,448
Grant to the Social Service Block Grant to support matching and 51,449
maintenance of effort requirements of the Child Care Development 51,450
Fund in order to match all funds for which Ohio is eligible.
TANF Funds for Audit Adjustment 51,452
During the month of July 1999, the Department of Human 51,454
Services shall deposit $1,000,000 into the General Revenue Fund 51,455
from TANF funds transferred from the TANF Block Grant into the 51,456
Social Services Block Grant to support the increase of the state 51,457
share of the increase to appropriation item 400-100, Personal
Services. 51,458
Additional Funding for the AdoptOhio Program 51,460
The Department of Human Services may use up to $1,495,395 51,462
in state fiscal year 2000 of the funds transferred from the 51,463
Temporary Assistance to Needy Families Block Grant to the Social 51,464
Service Block Grant to support expenditures for AdoptOhio if the 51,465
existing appropriations in 400-408 is not sufficient to support 51,466
the program.
Inner City Youth Opportunities Program 51,468
In fiscal year 2000, the Director of Human Services shall 51,470
provide $75,000 from appropriation item 400-410, TANF State, to 51,471
the Hamilton County department of human services to contract with 51,472
the Inner City Youth Opportunities organization of Cincinnati for 51,473
the purpose of providing allowable services to TANF-eligible 51,474
individuals. The Hamilton County department of human services 51,475
and Inner City Youth Opportunities shall agree on reporting 51,476
requirements that meet all TANF reporting requirements and
timelines specified by the Department of Human Services to be 51,477
incorporated into the contract. 51,478
TANF Fatherhood Programs 51,480
From the foregoing appropriation item 400-411, TANF Federal 51,482
1136
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 51,483
to support local fatherhood programs. Of the foregoing 51,484
$5,000,000, $300,000 in fiscal year 2000 shall be used to 51,485
establish and operate a Fatherhood Commission. Of the foregoing
$5,000,000, $310,000 in fiscal year 2000 shall be provided to the 51,486
Cuyahoga County Department of Human Services to contract with the 51,487
Center for Families and Children for the purpose of providing 51,488
allowable services to TANF-eligible individuals. The Cuyahoga 51,489
County Department of Human Services and the Center for Families 51,490
and Children shall agree on reporting requirements to be
incorporated into the contract. 51,491
TANF Adult Literacy and Child Reading Programs 51,493
From the foregoing appropriation item 400-411, TANF Federal 51,495
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 51,496
to support local adult literacy and child reading programs. 51,497
Child Nutrition Services 51,499
The Department of Human Services shall use up to $2,500,000 51,501
in fiscal year 2000 of the funds transferred from the Temporary 51,502
Assistance to Needy Families Block Grant to the Social Services 51,503
Block Grant to support Child Nutrition Services in the Department 51,504
of Education. As soon as possible after the effective date of 51,505
this section, the Department of Human Services shall enter into 51,506
an interagency agreement with the Department of Education to 51,507
reimburse the 19 pilot programs that provide nutritional evening 51,508
meals to adolescents aged 13 through 18 participating in 51,509
educational or enrichment activities at youth development 51,510
centers. Such funds shall not be used as matching funds. 51,511
Eligibility and reporting guidelines will be detailed in the 51,512
interagency agreement. 51,513
The Director of Budget and Management shall increase the 51,515
appropriation item authority by $2,500,000 for State Special 51,516
Revenue Fund, 5B1, Child Nutrition Services, in the Department of 51,517
Education. 51,518
Cincinnati YWCA GED and Child Care Programs 51,520
1137
In fiscal year 2000, the Director of Human Services shall 51,522
provide $65,000 from appropriation item 400-410, TANF State, to 51,523
the Hamilton County department of human services to contract with 51,524
the YWCA of Greater Cincinnati for the purpose of providing a 51,525
General Educational Development (GED) program to TANF-eligible 51,526
individuals, and child care to individuals enrolled in the GED 51,527
program. The Hamilton County department of human services and
the YWCA of Greater Cincinnati shall agree on reporting 51,528
requirements that meet all TANF reporting requirements and 51,529
timelines specified by the Department of Human Services to be 51,530
incorporated into the contract.
Single Allocation for County Departments of Human Services 51,532
Using the foregoing appropriation items 400-504, Non-TANF 51,534
County Administration; 400-610, Food Stamps and State 51,535
Administration; 400-410, TANF State; 400-411, TANF Federal Block 51,537
Grant; 400-620, Social Services Block Grant; 400-552, County 51,538
Social Services; 400-413, Day Care Match/Maintenance of Effort; 51,539
400-617, Day Care Federal; 400-534, Adult Protective Services; 51,540
and 400-614, Foreign Refugees, the Department of Human Services 51,541
may establish a single allocation for county departments of human 51,542
services that are subject to a partnership agreement between a 51,543
board of county commissioners and the department. The county 51,544
department is not required to use all the money from one or more 51,545
of the foregoing appropriations items listed in this paragraph 51,546
for the purpose for which the specific appropriation item is made 51,547
so long as the county department uses the money for a purpose for 51,548
which at least one of the other of those foregoing appropriation 51,549
items is made. The county department may not use the money in 51,550
the allocation for a purpose other than a purpose for which any 51,551
of those foregoing appropriation items are made. If the spending 51,552
estimates used in establishing the single allocation are not 51,553
realized and the county department uses money in one or more of 51,554
those foregoing appropriation items in a manner for which federal 51,555
financial participation is not available, the department shall 51,556
1138
use state funds available in one or more of those foregoing 51,557
appropriation items to ensure that the county department receives 51,558
the full amount of its allocation. The single allocation is the 51,559
maximum amount the county department will receive from those 51,560
foregoing appropriation items. 51,561
Reports on Interagency Transfers 51,563
With regard to the foregoing appropriation item 400-655, 51,565
Interagency Reimbursement, the Department of Human Services shall 51,566
provide the Legislative Budget Office of the Legislative Service 51,567
Commission with a report each month that details interagency 51,569
transfers through the appropriation item. The reports shall 51,570
break down transfers by agency and appropriation item to which 51,571
transfers are made. Transfers shall further be broken down by 51,572
source of federal funds, including federal program number (as
shown in the Catalog of Federal Domestic Assistance), grant 51,573
number, and department reporting category number. In addition, 51,574
transfers of Medicaid dollars shall be grouped between 51,575
reimbursement for services and administrative costs. Reports 51,576
shall be provided to the Legislative Budget Office of the 51,577
Legislative Service Commission within two weeks after the end of 51,579
the month.
Section 55.06. Hospital Care Assurance Match 51,581
Appropriation item 400-650, Hospital Care Assurance Match, 51,584
shall be used by the Department of Human Services to receive and 51,585
distribute funds in connection with the Hospital Care Assurance 51,586
Program.
Section 55.07. Transfer of Funds 51,588
The Department of Human Services shall transfer, through 51,590
intrastate transfer vouchers, cash from State Special Revenue 51,591
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 51,592
Community-Based Services, in the Department of Mental Retardation 51,593
and Developmental Disabilities. The sum of the transfers shall 51,594
be equal to the amounts appropriated in fiscal year 2000 in 51,595
appropriation item 322-604, Waiver - Match. The transfer may 51,597
1139
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 51,598
The Department of Human Services shall transfer, through 51,600
intrastate transfer vouchers, cash from the State Special Revenue 51,601
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 51,602
4J4, PASSPORT, in the Department of Aging. The sum of the 51,603
transfers shall be equal to the amount appropriated in fiscal 51,604
year 2000 in appropriation item 490-610, PASSPORT/Residential 51,607
State Supplement. The transfer may occur on a quarterly basis or 51,608
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 51,610
The Department of Human Services shall transfer, through 51,612
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 51,613
Program Support, to the Department of Mental Health's Fund 4X5, 51,614
OhioCare, in accordance with an interagency agreement that 51,616
delegates authority from the Department of Human Services to the
Department of Mental Health to administer specified Medicaid 51,617
services.
The Director of Budget and Management shall transfer cash 51,619
from the Department of Human Services Fund 5C9, Medicaid Program 51,621
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 51,622
Transfer from the Children's Trust Fund to the Wellness 51,624
Block Grant Fund
Within 90 days after the effective date of this section, 51,626
the Director of Budget and Management shall transfer $1,000,000 51,628
in fiscal year 2000 from Fund 198, Children's Trust Fund, to Fund 51,629
4N7, Wellness Block Grant, within the Department of Human 51,630
Services' budget.
Foster Care Liability Coverage 51,632
On behalf of public children services agencies and in 51,634
consultation with the Department of Insurance and the Office of 51,635
State Purchasing, the Department of Human Services may seek and 51,636
accept proposals for a uniform and statewide insurance policy to 51,637
1140
indemnify foster parents for personal injury and property damage 51,638
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 51,639
children services agency that agrees to purchase the insurance 51,640
policy.
Protective Services Incentive Funding 51,642
Notwithstanding the formula in section 5101.14 of the 51,644
Revised Code, from the foregoing appropriation item 400-527, 51,645
Child Protective Services, the Department of Human Services may 51,647
use no more than $2,400,000 in fiscal year 2000 as incentive 51,648
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 51,649
delivery to and assist public children service agencies in 51,650
complying with federal reporting requirements. Of this amount, 51,652
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 51,653
Department of Human Services shall develop a process for the 51,654
release of these funds and may adopt rules in accordance with 51,655
section 111.15 of the Revised Code governing the distribution, 51,656
release, and use of these funds.
Statewide Automated Child Welfare Information System 51,658
Of the foregoing appropriation item 400-416, Computer 51,659
Projects, in fiscal year 2000, $10,000,000 shall be used for the 51,660
development and implementation of the Statewide Automated Child 51,661
Welfare Information System (SACWIS). 51,662
Day Care/Head Start Collaborations 51,664
The Department of Human Services and the county departments 51,666
of human services shall work to develop collaborative efforts 51,667
between Head Start and child care providers. The Department of 51,668
Human Services may use the foregoing appropriation items 400-413, 51,670
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 51,671
child day care centers. 51,672
Four C's Comprehensive Community Child Care Program 51,674
1141
In fiscal year 2000, the Director of Human Services shall 51,676
provide $25,000 from child care funds to the Hamilton County 51,677
Department of Human Services to contract with the Four C's 51,678
Comprehensive Community Child Care for quality activities 51,679
allowable under the Child Care Development Block Grant. The
Hamilton County Department of Human Services and Four C's shall 51,680
agree on reporting requirements to be incorporated into the 51,681
contract.
Adoption Assistance 51,683
Of the foregoing appropriation item 400-528, Adoption 51,686
Services State, at least $3,700,000 in fiscal year 2000 shall be 51,687
used in support of post finalization adoption services offered 51,688
pursuant to section 5153.163 of the Revised Code. The Department 51,690
of Human Services shall adopt rules and procedures pursuant to 51,691
section 111.15 of the Revised Code to set payment levels and 51,692
limit eligibility for post finalization adoption services as 51,693
necessary to limit program expenditures to the amounts set forth 51,694
in this section, based on factors including, but not limited to, 51,695
any or all of the following: type, or extent, of the adopted 51,696
child's disability or special need; and resources available to 51,697
the adoptive family to meet the child's service needs. 51,698
Adoption Connection of Cincinnati 51,700
Of the foregoing appropriation item 400-528, Adoption 51,702
Services, $42,000 is earmarked in FY 2000 to support the Adoption 51,703
Connection of Cincinnati.
Child Support Collections/TANF MOE 51,705
The foregoing appropriation item 400-658, Child Support 51,707
Collections, shall be used by the Department of Human Services to 51,708
meet the TANF Maintenance of Effort requirements of Pub. L. No. 51,709
104-193. After the state has met the maintenance of effort 51,710
requirement, the Department of Human Services may use funds from 51,711
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 51,712
Private Child Care Agencies Training 51,714
1142
The foregoing appropriation item 400-615, Private Child 51,716
Care Agencies Training, shall be used by the Department of Human 51,717
Services to provide the state match for federal Title IV-E 51,718
training dollars for private child placing agencies and private 51,719
noncustodial agencies. Revenues shall consist of moneys derived 51,720
from fees established under section 5101.143 of the Revised Code 51,721
and paid by private child placing agencies and private 51,722
noncustodial agencies.
Child Care Quality Improvement 51,724
The Department of Human Services shall make available to 51,726
county departments of human services an amount to fund the 51,728
improvement of the quality of publicly funded child care and
access to publicly funded child care, including, but not limited 51,729
to, recruitment, training, mentoring, and oversight of child care 51,730
providers or in-home providers. 51,731
Transfer for Lead Assessments 51,733
Of the foregoing appropriation item 400-525, Health 51,735
Care/Medicaid, the Department of Human Services may transfer 51,736
funds from the General Revenue Fund to the General Operations 51,737
Fund (Fund 142) of the Department of Health. Transfer of the 51,738
funds shall be made through intrastate transfer voucher pursuant 51,739
to an interagency agreement for the purpose of performing
environmental lead assessments in the homes of Medicaid 51,740
Healthcheck recipients.
Childhood Lead Poisoning Prevention Program 51,742
Of the foregoing appropriation item 400-525, Health 51,744
Care/Medicaid, up to $250,000 over the biennium shall be used to 51,745
fund the harmonization of data on Medicaid eligible children in 51,746
the Department of Human Services and data on tested children in 51,747
the Department of Health. 51,748
Childhood Lead Poisoning Working Group 51,750
There is hereby created the Childhood Lead Poisoning 51,752
Working Group to study and propose a state plan to address lead 51,754
poisoning treatment and control issues. The Working Group shall 51,755
1143
consist of fourteen members, one of whom must be a senator 51,756
appointed by the President of the Senate, and one member shall be 51,757
a representative appointed by the Speaker of the House of 51,758
Representatives. The Working Group shall also consist of two 51,759
designees of the Director of each of the following departments: 51,760
Department of Human Services, Department of Health, Department of 51,761
Development, Ohio Environmental Protection Agency, and the 51,762
Department of Education. The Help End Lead Poisoning Coalition 51,763
shall appoint two members. The members of the Working Group 51,764
shall be appointed within thirty days of the effective date of 51,765
this section.
Not later than June 30, 2000, the Working Group shall 51,767
submit a report of its findings and recommendations to the 51,768
Speaker and Minority Leader of the House of Representatives and 51,769
the President and the Minority Leader of the Senate. The 51,770
above-mentioned departments shall make staff available to the 51,771
Working Group.
Medicaid Program Support Fund - State 51,773
The foregoing appropriation item 400-671, Medicaid Program 51,775
Support, shall be used by the Department of Human Services to pay 51,776
for Medicaid services and contracts. 51,777
Holding Account Redistribution Group 51,779
The foregoing appropriation items 400-643 and 400-644, 51,781
Holding Account Redistribution Fund Group, shall be used to hold 51,782
revenues until they are directed to the appropriate accounts or 51,783
until they are refunded. If it is determined that additional 51,784
appropriation authority is necessary, such amounts are hereby 51,785
appropriated.
Agency Fund Group 51,787
The Agency Fund Group shall be used to hold revenues until 51,790
the appropriate fund is determined or until they are directed to 51,791
the appropriate governmental agency other than the Department of 51,793
Human Services. If it is determined that additional 51,794
appropriation authority is necessary, such amounts are hereby
1144
appropriated. 51,795
Federal Special Revenue Fund Group 51,797
The foregoing appropriation items that appear in the 51,799
Department of Human Services' Federal Special Revenue Fund Group 51,800
shall be used to collect revenue from various sources and use the 51,801
revenue to support programs administered by the Department of 51,802
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 51,803
the Director of Budget and Management on forms prescribed by the 51,804
Controlling Board. If the Director agrees that the additional 51,805
appropriation authority is necessary in order to perform the 51,806
functions allowable in the appropriation item, then such amounts 51,807
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 51,808
the action taken.
Section 55.08. Adoptive Placement Payments 51,810
The foregoing appropriation item 400-408, Child & Family 51,812
Services Activities, may be used to make payments pursuant to 51,813
agreements entered into under section 5103.12 of the Revised 51,814
Code. 51,815
Consolidation of State Grants 51,817
With the consent of a county, the Department of Human 51,819
Services may combine into a single and consolidated grant of 51,820
state aid, funds that would otherwise be provided to that county 51,821
pursuant to the operation of section 5101.14 of the Revised Code 51,822
and other funds that would otherwise be provided to that county 51,823
for the purpose of providing kinship care. 51,824
Funds contained in any such consolidation grant shall not 51,826
be subject to either statutory or administrative rules that would 51,827
otherwise govern allowable uses from such funds, except that such 51,829
funds shall continue to be used by the county to meet the
expenses of its children services program. Funds contained in 51,830
any consolidation grant shall be paid to each county within 51,831
thirty days after the beginning of each calendar quarter. Funds 51,832
1145
provided to a county under this section shall be deposited in the 51,834
children services fund, established in section 5101.143 of the 51,835
Revised Code, and shall be used for no other purpose than to meet 51,836
the expenses of the children services program.
Adult Protective Services Study 51,838
The Department of Human Services, no later than 180 days 51,840
after the effective date of this section, shall conduct a study 51,841
to determine the cost of expanding Adult Protective Services to 51,842
disabled adults between the ages of 18 and 59. No later than 51,843
June 30, 2000, the department shall submit the results of the
study to Speaker and Minority Leader of the House of 51,844
Representatives and the President and Minority Leader of the 51,845
Senate.
Section 55.09. Notwithstanding section 5111.231 of the 51,847
Revised Code or any other section of the Revised Code and for the 51,848
purpose of determining nursing facilities' rate of direct care 51,849
costs for fiscal year 2000, the Department of Human Services 51,850
shall calculate annual average case-mix scores for calendar year 51,851
1998 using resident assessment information for calendar quarters 51,852
ending September 30, 1998, and December 31, 1998. 51,853
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL 51,855
General Revenue Fund 51,857
GRF 965-321 Operating Expenses $ 640,670 $ 636,253 51,862
TOTAL GRF General Revenue Fund $ 640,670 $ 636,253 51,865
State Special Revenue Fund Group 51,867
4Z3 965-602 Special 51,870
Investigations $ 100,000 $ 100,000 51,872
TOTAL SSR State Special Revenue $ 100,000 $ 100,000 51,875
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 740,670 $ 736,253 51,878
Of the foregoing appropriation item 965-602, Special 51,881
Investigations, up to $100,000 in each fiscal year may be used 51,882
for investigative costs, pursuant to section 121.481 of the 51,883
Revised Code.
1146
Section 57. INS DEPARTMENT OF INSURANCE 51,885
State Special Revenue Fund Group 51,887
554 820-601 Operating Expenses - 51,890
OSHIIP $ 733,707 $ 751,351 51,892
554 820-606 Operating Expenses $ 17,540,571 $ 17,771,394 51,896
555 820-605 Examination $ 6,147,608 $ 6,090,979 51,900
TOTAL SSR State Special Revenue 51,901
Fund Group $ 24,421,886 $ 24,613,724 51,904
TOTAL ALL BUDGET FUND GROUPS $ 24,421,886 $ 24,613,724 51,907
Market Conduct Examination 51,910
When conducting a market conduct examination of any insurer 51,912
doing business in this state, the Superintendent of Insurance may 51,913
assess the costs of such examination against the insurer. The 51,914
superintendent may enter into consent agreements to impose 51,915
administrative assessments or fines for conduct discovered that 51,916
may be violations of statutes or regulations administered by the 51,917
superintendent. All costs, assessments, or fines collected shall 51,918
be deposited to the credit of the Department of Insurance 51,919
Operating Fund (Fund 554). 51,920
Examinations of Domestic Fraternal Benefit Societies 51,922
The Superintendent of Insurance may transfer funds from the 51,924
Department of Insurance Operating Fund (Fund 554) established by 51,925
section 3901.021 of the Revised Code to the Superintendents 51,926
Examination Fund (Fund 555) established by section 3901.071 of 51,927
the Revised Code, only for the expenses incurred in examining 51,928
Domestic Fraternal Benefit Societies as required by section 51,929
3921.35 of the Revised Code. 51,930
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES 51,932
General Revenue Fund 51,934
GRF 600-100 Personal Services 51,937
State $ 0 $ 36,389,243 51,941
Federal $ 0 $ 17,630,812 51,945
Personal Services 51,947
Total $ 0 $ 54,020,055 51,949
1147
GRF 600-200 Maintenance 51,951
State $ 0 $ 17,309,326 51,955
Federal $ 0 $ 7,368,926 51,959
Maintenance Total $ 0 $ 24,678,252 51,963
GRF 600-300 Equipment 51,965
State $ 0 $ 420,342 51,969
Federal $ 0 $ 180,834 51,973
Equipment Total $ 0 $ 601,176 51,977
GRF 600-402 Electronic Benefits 51,979
Transfer (EBT)
State $ 0 $ 7,332,532 51,983
Federal $ 0 $ 7,332,531 51,987
EBT Total $ 0 $ 14,665,063 51,991
GRF 600-405 Family Violence 51,993
Prevention Programs $ 0 $ 835,018 51,995
GRF 600-406 Workforce Development $ 0 $ 358,404 51,999
GRF 600-407 Unemployment 52,001
Insurance/Employment
Services Operating $ 0 $ 22,727,425 52,003
GRF 600-408 Labor Market 52,005
Projections $ 0 $ 184,534 52,007
GRF 600-410 TANF State $ 0 $ 261,857,133 52,011
GRF 600-411 TANF Federal Block 52,013
Grant $ 0 $ 417,200,000 52,015
GRF 600-412 Prevailing 52,017
Wage/Minimum Wage and
Minors $ 0 $ 2,423,702 52,019
GRF 600-413 Day Care 52,021
Match/Maintenance of
Effort $ 0 $ 76,454,292 52,023
GRF 600-414 Apprenticeship 52,025
Council $ 0 $ 177,769 52,027
GRF 600-416 Computer Projects 52,029
State $ 0 $ 74,620,000 52,033
1148
Federal $ 0 $ 29,380,000 52,037
Computer Projects 52,039
Total $ 0 $ 104,000,000 52,041
GRF 600-417 Public Employee Risk 52,043
Reduction Program $ 0 $ 1,356,075 52,045
GRF 600-420 Child Support 52,047
Administration $ 0 $ 8,103,800 52,049
GRF 600-426 Children's Health 52,051
Insurance Plan (CHIP)
State $ 0 $ 7,099,589 52,054
Federal $ 0 $ 16,857,856 52,057
CHIP Total $ 0 $ 23,957,445 52,060
GRF 600-427 Child and Family 52,062
Services Activities $ 0 $ 3,110,655 52,064
GRF 600-428 Wellness Block Grant $ 0 $ 14,337,515 52,068
GRF 600-429 Womens Programs $ 0 $ 485,619 52,072
GRF 600-430 OSHA Match $ 0 $ 137,045 52,076
GRF 600-502 Child Support Match $ 0 $ 20,773,614 52,080
GRF 600-504 Non-TANF County 52,082
Administration $ 0 $ 75,017,940 52,084
GRF 600-511 Disability 52,086
Assistance/Other
Assistance $ 0 $ 52,000,000 52,088
GRF 600-512 Non-TANF Emergency 52,090
Assistance $ 0 $ 4,200,000 52,092
GRF 600-522 Burial Claims $ 0 $ 1,465,911 52,096
GRF 600-525 Health Care/Medicaid 52,098
State $ 0 $2,434,374,714 52,102
Federal $ 0 $3,442,918,172 52,106
Health Care Total $ 0 $5,877,292,886 52,110
GRF 600-527 Child Protective 52,112
Services $ 0 $ 57,332,997 52,114
GRF 600-528 Adoption Services 52,116
State $ 0 $ 28,428,928 52,120
1149
Federal $ 0 $ 27,632,851 52,124
Adoption Services 52,126
Total $ 0 $ 56,061,779 52,128
GRF 600-534 Adult Protective 52,130
Services $ 0 $ 3,031,340 52,132
GRF 600-552 County Social 52,134
Services $ 0 $ 12,072,886 52,136
TOTAL GRF General Revenue Fund 52,137
State $ 0 $2,987,835,546 52,141
Federal $ 0 $4,203,084,784 52,145
GRF Total $ 0 $7,190,920,330 52,149
General Services Fund Group 52,152
4A8 600-658 Child Support 52,155
Collections $ 0 $ 42,389,027 52,157
4R4 600-665 BCII Service Fees $ 0 $ 113,202 52,161
5C9 600-671 Medicaid Program 52,163
Support $ 0 $ 83,527,307 52,165
613 600-645 Training Activities $ 0 $ 75,000 52,169
TOTAL GSF General Services 52,170
Fund Group $ 0 $ 126,104,536 52,173
Federal Special Revenue Fund Group 52,176
3A2 600-641 Emergency Food 52,179
Distribution $ 0 $ 1,499,480 52,181
3D3 600-648 Children's Trust Fund 52,183
Federal $ 0 $ 1,475,393 52,185
3F0 600-623 Health Care Federal $ 0 $ 206,652,537 52,189
3F0 600-650 Hospital Care 52,191
Assurance Match $ 0 $ 309,158,525 52,193
3G5 600-655 Interagency 52,195
Reimbursement $ 0 $ 795,010,866 52,197
3G9 600-657 Special Activities 52,199
Self Sufficiency $ 0 $ 544,782 52,201
3H7 600-617 Day Care Federal $ 0 $ 163,579,818 52,205
1150
3N0 600-628 IV-E Foster Care 52,207
Maintenance $ 0 $ 196,993,903 52,209
3S5 600-622 Child Support 52,211
Projects $ 0 $ 534,050 52,213
3S9 600-680 TANF Employment and 52,215
Training $ 0 $ 700,000 52,217
316 600-602 State and Local 52,219
Training $ 0 $ 7,336,811 52,221
327 600-606 Child Welfare $ 0 $ 29,481,996 52,225
331 600-686 Federal Operating $ 0 $ 111,819,362 52,229
349 600-682 OSHA Enforcement $ 0 $ 1,326,501 52,233
365 600-681 JOB Training Program $ 0 $ 121,099,383 52,237
384 600-610 Food Stamps and State 52,239
Administration $ 0 $ 150,437,578 52,241
385 600-614 Refugee Services $ 0 $ 7,309,725 52,245
395 600-616 Special 52,247
Activities/Child and
Family Services $ 0 $ 4,311,677 52,249
396 600-620 Social Services Block 52,251
Grant $ 0 $ 60,420,498 52,253
397 600-626 Child Support $ 0 $ 226,768,641 52,257
398 600-627 Adoption Maintenance/ 52,259
Administration $ 0 $ 267,459,255 52,262
TOTAL FED Federal Special Revenue 52,263
Fund Group $ 0 $2,663,920,781 52,266
State Special Revenue Fund Group 52,269
198 600-647 Children's Trust Fund $ 0 $ 3,238,074 52,274
4A9 600-607 Unemployment 52,276
Compensation Admin
Fund $ 0 $ 13,962,175 52,278
4E3 600-605 Nursing Home 52,280
Assessments $ 0 $ 95,511 52,282
4E7 600-604 Child and Family 52,284
Services Collections $ 0 $ 142,666 52,286
1151
4F1 600-609 Foundation 52,288
Grants/Child and
Family Services $ 0 $ 1,422,569 52,290
4G1 600-610 Interagency 52,292
Agreements $ 0 $ 605,091 52,294
4J5 600-613 Nursing Facility Bed 52,296
Assessments $ 0 $ 32,334,707 52,298
4J5 600-618 Residential State 52,300
Supplement Payments $ 0 $ 14,285,756 52,302
4K1 600-621 ICF/MR Bed 52,304
Assessments $ 0 $ 21,180,717 52,306
4N7 600-670 Wellness Block Grant $ 0 $ 1,000,000 52,310
4R3 600-609 Banking Fees $ 0 $ 592,937 52,314
4V2 600-612 Child Support 52,316
Activities $ 0 $ 124,993 52,318
5A5 600-616 Unemployment Benefit 52,320
Automation $ 0 $ 6,892,757 52,322
5E3 600-633 EBT Contracted 52,324
Services $ 0 $ 500,000 52,326
5E4 600-615 Private Child Care 52,328
Agencies Training $ 0 $ 10,568 52,330
557 600-613 Apprenticeship 52,332
Council Conference $ 0 $ 15,000 52,334
6A7 600-656 Ford Foundation $ 0 $ 63,407 52,338
600 600-603 Third-Party 52,340
Recoveries $ 0 $ 10,369,063 52,342
651 600-649 Hospital Care 52,344
Assurance Program
Fund $ 0 $ 217,786,293 52,346
TOTAL SSR State Special Revenue 52,347
Fund Group $ 0 $ 324,622,284 52,350
Agency Fund Group 52,353
5B6 600-601 Food Stamp Intercept $ 0 $ 5,283,920 52,358
1152
192 600-646 Support Intercept - 52,360
Federal $ 0 $ 70,965,066 52,362
583 600-642 Support 52,364
Intercept-State $ 0 $ 17,175,008 52,366
TOTAL AGY Agency Fund Group $ 0 $ 93,423,994 52,369
Holding Account Redistribution Fund Group 52,372
R12 600-643 Refunds and Audit 52,375
Settlements $ 0 $ 200,000 52,377
R13 600-644 Forgery Collections $ 0 $ 700,000 52,381
TOTAL 090 Holding Account 52,382
Redistribution
Fund Group $ 0 $ 900,000 52,385
TOTAL ALL BUDGET FUND GROUPS $ 0 $10,399,891,925 52,388
Section 58.01. Parents Health Insurance Program (PHIP) 52,391
During the month of July 2000, the Department of Job and 52,393
Family Services shall deposit into the General Revenue Fund, 52,394
$9,425,966 of TANF funds, transferred from the TANF Block Grant 52,395
into Title XX, to support this increase in the state funds 52,396
portion of the increase in appropriation item 600-525, Health
Care/Medicaid. This deposit shall be made contingent upon 52,397
receipt of written notice from the United States Department of 52,398
Health and Human Services that such a deposit does not violate 52,399
Title 45, section 263.6 of the Code of Federal Regulations, or 52,400
other limitations in federal law on the use of funds that have
originated with the federal government. 52,401
Section 58.02. Family Violence Prevention Programs 52,403
The foregoing appropriation item 600-405, Family Violence 52,405
Prevention Programs, may be used to provide grants for county and 52,406
local family violence prevention community education initiatives, 52,407
and to provide funding for domestic violence shelters that the 52,408
Department of Job and Family Services determines are exclusively 52,409
for victims of domestic violence. 52,410
Section 58.03. Health Care/Medicaid 52,412
The foregoing appropriation item 600-525, Health 52,414
1153
Care/Medicaid, shall not be limited by the provisions of section 52,415
131.33 of the Revised Code. 52,416
Section 58.04. Community Based Providers 52,418
From the foregoing appropriation item 600-525, Health 52,420
Care/Medicaid, $90,100,000 in fiscal year 2001 shall be used to 52,421
increase reimbursements in accordance with division (B) of 52,422
section 5111.025 of the Revised Code.
Section 58.05. Disability Assistance 52,424
The following schedule shall be used to determine monthly 52,426
grant levels in the Disability Assistance Program effective July 52,427
1, 1999. 52,428
Persons in 52,430
Assistance Group Monthly Grant 52,431
1 $115 52,434
2 159 52,435
3 193 52,436
4 225 52,437
5 251 52,438
6 281 52,439
7 312 52,440
8 361 52,441
9 394 52,442
10 426 52,443
11 458 52,444
12 490 52,445
13 522 52,446
14 554 52,447
For each additional person add 40 52,450
TANF Federal Funds 52,453
Upon the request of the Department of Job and Family 52,455
Services, the Controlling Board may increase appropriations in 52,456
item 600-411, TANF Federal Block Grant, provided sufficient 52,457
Federal TANF block grant funds exist to do so, without any 52,458
corresponding decrease in other line items. The department shall 52,459
1154
first provide the Office of Budget and Management with 52,460
documentation to support the need for the increased
appropriation.
All transfers of moneys from or charges against TANF 52,462
Federal Block Grant awards for use in the Social Services Block 52,463
Grant or the Child Care Development Block Grant from either 52,464
unobligated prior year appropriation authority in item 400-411, 52,465
or from FY 2001 appropriation authority in item 600-411, that
meet or exceed the Controlling Board thresholds as defined in 52,466
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 52,467
Code, shall only be done with the approval of the Controlling 52,468
Board. The Department of Job and Family Services shall first 52,469
provide the Office of Budget and Management with documentation to
support the need for such transfers or charges for use in the 52,470
Social Services Block Grant or in the Child Care Development 52,471
Block Grant.
Alcohol and Drug Addiction Services Transfer 52,473
No later than July 15, 2000, the Director of Budget and 52,475
Management shall transfer $2,000,000 in appropriation authority 52,476
from appropriation item 600-410, TANF State, to State Special 52,477
Revenue Fund 5B7 appropriation item 038-629, TANF 52,478
Transfer-Treatment, and $271,424 in appropriation authority from 52,480
appropriation item 600-410, TANF State, to State Special Revenue 52,481
Fund 5E8 appropriation item 038-630, TANF Transfer-Mentoring, in
the Department of Alcohol and Drug Addiction Services. Of the 52,483
amounts transferred, $2,000,000 in appropriation authority shall 52,484
be used to provide substance abuse prevention and treatment 52,485
services to children, or their families, whose income is at or 52,486
below 200 per cent of the official income poverty guideline. The 52,487
remaining $271,424 in transferred appropriation authority shall 52,488
be used to fund adolescent youth mentoring programs for children 52,489
or their families whose income is at or below 200 per cent of the 52,490
income official poverty guideline. The Department of Alcohol and 52,491
Drug Addiction Services shall comply with all TANF reporting 52,492
1155
requirements and timelines specified by the Department of Job and 52,493
Family Services.
TANF County Incentives 52,495
Of the foregoing appropriation item 600-411, TANF Federal 52,497
Block Grant, the Department of Job and Family Services may 52,498
provide financial incentives to those county departments of human 52,500
services that have exceeded performance standards adopted by the 52,501
state department, and where the board of county commissioners has 52,502
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 52,503
of the county department. Any financial incentive funds provided 52,504
pursuant to this division shall be used by the county department 52,505
for additional or enhanced services for families eligible for 52,506
assistance under Chapter 5107. or 5108. of the Revised Code or, 52,507
upon request by the county and approval by the Department of Job 52,508
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 52,509
of human services may retain and expend such funds without regard 52,511
to the state or county fiscal year in which the financial 52,512
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 52,513
Job and Family Services providing detailed information on the 52,514
expenditure of these financial incentives and an evaluation of 52,516
the effectiveness of the county department's use of these funds 52,517
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 52,518
TANF Transportation Services 52,520
From the foregoing appropriation items 600-410, TANF State, 52,522
or 600-411, TANF Federal Block Grant, or a combination of both, 52,523
up to $5,000,000 in fiscal year 2001 shall be used to expand the 52,524
accessibility of transportation services for participants in 52,525
programs funded from these appropriation items. 52,526
Hamilton Health Care Center 52,528
In fiscal year 2001, the Director of Job and Family 52,530
1156
Services shall provide $100,000 from appropriation item 600-410, 52,531
TANF State, to the Butler County department of human services for 52,532
the purpose of contracting with the Hamilton Health Care Center 52,533
to provide health care services for children or their families 52,535
who reside in Butler County whose income is at or below 200 per
cent of the official poverty guideline. The Butler county 52,537
department of human services and the Hamilton Health Care Center 52,538
shall agree on reporting requirements that meet all TANF 52,539
reporting requirements and timelines specified by the Department 52,540
of Job and Family Services to be incorporated into the contract. 52,541
As used in this section, "poverty guideline" means the 52,543
official poverty guideline as revised annually by the United 52,544
States Secretary of Health and Human Services in accordance with 52,545
section 673 of the "Community Services Block Grant Act," 95 Stat. 52,546
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 52,548
to the size of the family of the person whose income is being
determined. 52,549
Individual Development Accounts 52,551
From the foregoing appropriation item 600-410, TANF State, 52,553
or 600-411, TANF Federal Block Grant, or a combination of both, 52,554
up to $2,000,000 in fiscal year 2001 shall be used to allow 52,556
county departments of human services to make matching
contributions to Individual Development Accounts that have been 52,557
established by residents of the county. 52,558
Human Services Personal Care Assistance 52,560
In fiscal year 2001, the Director of Job and Family 52,562
Services shall provide $240,000 from appropriation item 600-410, 52,563
TANF State to be divided between the county departments of human 52,564
services of Cuyahoga County and Franklin County to contract with 52,565
the Rehabilitation Services Commission to place up to 25 52,566
TANF-eligible persons into jobs as personal care assistants. The 52,567
county departments of human services in Cuyahoga County and
Franklin County and the Rehabilitation Services Commission shall 52,568
agree on reporting requirements that meet all TANF reporting 52,569
1157
requirements and timelines specified by the Department of Job and 52,570
Family Services to be incorporated into the contract. 52,571
TANF Family Planning 52,573
The Director of Budget and Management shall transfer, no 52,575
later than July 15, 2000, $250,000 in fiscal year 2001 from 52,576
appropriation item 600-410, TANF State, or 600-411, TANF Federal 52,577
Block Grant, or a combination of both, to 440-416, Child and 52,578
Family Health Services to be used for family planning services. 52,579
Ohio Association of Second Harvest Food Banks 52,581
The Department of Job and Family Services may use up to 52,583
$2,500,000 in fiscal year 2001 of the funds transferred from the 52,584
Temporary Assistance to Needy Families Block Grant to the Social 52,585
Service Block Grant to support expenditures to Ohio Association 52,586
of Second Harvest Food Banks pursuant to the following criteria. 52,587
As used in this section, "poverty guideline" means the 52,589
official poverty guideline as revised annually by the United 52,590
States Secretary of Health and Human Services in accordance with 52,591
section 673 of the "Community Services Block Grant Act," 95 Stat. 52,592
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 52,594
to the size of the family of the person whose income is being
determined. 52,595
The Department of Job and Family Services shall provide an 52,597
annual grant of $2,500,000 in fiscal year 2001 to the Ohio 52,598
Association of Second Harvest Food Banks. In fiscal year 2001, 52,600
the Ohio Association of Second Harvest Food Banks shall use 52,601
$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 52,602
transport and shall use $1,000,000 for the Agricultural Surplus 52,603
Production Alliance Project. Funds provided for the Ohio Food 52,604
Program shall be used to purchase food products and distribute 52,605
those food products to agencies participating in the emergency
food distribution program. No funds provided through this grant 52,606
may be used for administrative expenses other than funds provided 52,607
for food storage and transport. As soon as possible after 52,608
1158
entering into a grant agreement at the beginning of the fiscal 52,609
year, the Department of Job and Family Services shall distribute 52,610
the grant funds in one single payment. The Ohio Association of
Second Harvest Food Banks shall develop a plan for the 52,611
distribution of the food products to local food distribution 52,613
agencies. Agencies receiving these food products shall ensure
that individuals and families who receive any of the food 52,614
products purchased with these funds have an income at or below 52,615
150 per cent of the poverty guideline. The Department of Job and 52,616
Family Services and the Ohio Association of Second Harvest Food 52,617
Banks shall agree on reporting requirements to be incorporated 52,618
into the grant agreement.
Any fiscal year 2001 funds from this grant remaining 52,620
unspent on June 30, 2001 shall be returned by the Ohio 52,621
Association of Second Harvest Food Banks to the Department of Job 52,622
and Family Services no later than November 1, 2001.
Computer-Related Services 52,624
The Department of Job and Family Services may use up to 52,626
$17,000,000 in state fiscal year 2001 of the funds transferred 52,627
from the Temporary Assistance to Needy Families to the Social 52,628
Services Block Grant to support computer-related expenditures for 52,629
services that benefit the County Department of Human Services. 52,630
Additional Maintenance of Effort and Matching Funding for 52,632
the Child Care Development Fund 52,633
The Department of Job and Family Services may transfer 52,635
sufficient moneys from the Temporary Assistance to Needy Families 52,636
Block Grant to the Social Service Block Grant to support matching 52,637
and maintenance of effort requirements of the Child Care 52,638
Development Fund in order to match all funds for which Ohio is
eligible. 52,639
TANF Funds for Audit Adjustment 52,641
During the month of July 2000, the Department of Job and 52,643
Family Services shall deposit $1,000,000 into the General Revenue 52,644
Fund from TANF funds transferred from the TANF Block Grant into 52,645
1159
the Social Services Block Grant to support the increase of the 52,646
state share of the increase to appropriation item 600-100,
Personal Services. 52,647
Additional Funding for the AdoptOhio Program 52,649
The Department of Job and Family Services may use up to 52,651
$2,116,349 in state fiscal year 2001 of the funds transferred 52,652
from the Temporary Assistance to Needy Families Block Grant to 52,653
the Social Service Block Grant to support expenditures for 52,654
AdoptOhio if the existing appropriations in 600-527 is not
sufficient to support the program. 52,655
Inner City Youth Opportunities Program 52,657
In fiscal year 2001, the Director of Job and Family 52,659
Services shall provide $75,000 from appropriation item 600-410, 52,660
TANF State, to the Hamilton County department of human services 52,661
to contract with the Inner City Youth Opportunities organization 52,662
of Cincinnati for the purpose of providing allowable services to 52,663
TANF-eligible individuals. The Hamilton County department of 52,664
human services and Inner City Youth Opportunities shall agree on 52,665
reporting requirements that meet all TANF reporting requirements 52,666
and timelines specified by the Department of Job and Family 52,667
Services to be incorporated into the contract. 52,668
TANF Fatherhood Programs 52,670
From the foregoing appropriation item 600-411, TANF Federal 52,672
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 52,673
to support local fatherhood programs. Of the foregoing 52,674
$5,000,000, $300,000 in fiscal year 2001 shall be used to operate 52,675
a Fatherhood Commission. Of the foregoing $5,000,000, $310,000 52,676
in fiscal year 2001 shall be provided to the Cuyahoga County 52,677
Department of Human Services to contract with the Center for 52,678
Families and Children for the purpose of providing allowable 52,679
services to TANF-eligible individuals. The Cuyahoga County 52,680
Department of Human Services and the Center for Families and
Children shall agree on reporting requirements to be incorporated 52,681
into the contract. 52,682
1160
TANF Adult Literacy and Child Reading Programs 52,684
From the foregoing appropriation item 600-411, TANF Federal 52,686
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 52,687
to support local adult literacy and child reading programs. 52,688
Cincinnati YWCA GED and Child Care Program 52,690
In fiscal year 2001, the Director of Job and Family 52,692
Services shall provide $65,000 from appropriation item 400-410, 52,693
TANF State, to the Hamilton County department of human services 52,694
to contract with the YWCA of Greater Cincinnati for the purpose 52,695
of providing a General Educational Development (GED) program to 52,696
TANF-eligible individuals, and child care to individuals enrolled 52,697
in the GED program. The Hamilton County department of human 52,698
services and the YWCA of Greater Cincinnati shall agree on 52,699
reporting requirements that meet all TANF reporting requirements 52,700
and timelines specified by the Department of Job and Family 52,701
Services to be incorporated into the contract. 52,702
Child Nutrition Services 52,704
The Department of Job and Family Services shall use up to 52,706
$2,500,000 in fiscal year 2000 of the funds transferred from the 52,707
Temporary Assistance to Needy Families Block Grant to the Social 52,708
Services Block Grant to support Child Nutrition Services in the 52,709
Department of Education. As soon as possible after the effective 52,710
date of this section, the Department of Job and Family Services 52,711
shall enter into an interagency agreement with the Department of 52,712
Education to reimburse the 19 pilot programs that provide 52,713
nutritional evening meals to adolescents aged 13 through 18 52,714
participating in educational or enrichment activities at youth 52,715
development centers. Such funds shall not be used as matching 52,716
funds. Eligibility and reporting guidelines shall be detailed in 52,717
the interagency agreement. 52,718
The Director of Budget and Management shall increase the 52,720
appropriation item authority by $2,500,000 for State Special 52,721
Revenue Fund, 5B1, Child Nutrition Services, in the Department of 52,722
Education. 52,723
1161
Single Allocation for County Departments of Human Services 52,725
Using the foregoing appropriation items 600-504, Non-TANF 52,727
County Administration; 600-610, Food Stamps and State 52,728
Administration; 600-410, TANF State; 600-411, TANF Federal Block 52,730
Grant; 600-620, Social Services Block Grant; 600-552, County 52,731
Social Services; 600-413, Day Care Match/Maintenance of Effort; 52,732
600-617, Day Care Federal; 600-534, Adult Protective Services; 52,733
and 600-614, Refugees Services, the Department of Job and Family 52,734
Services may establish a single allocation for county departments 52,735
of human services that are subject to a partnership agreement 52,736
between a board of county commissioners and the department. The 52,737
county department is not required to use all the money from one 52,738
or more of the foregoing appropriation items listed in this 52,739
paragraph for the purpose the specific appropriation item is made 52,740
so long as the county department uses the money for a purpose at 52,741
least one of the other of those foregoing appropriation items is 52,742
made. The county department may not use the money in the 52,743
allocation for a purpose other than a purpose any of those 52,744
foregoing appropriation items are made. If the spending 52,745
estimates used in establishing the single allocation are not 52,746
realized and the county department uses money in one or more of 52,747
those foregoing appropriation items in a manner for which federal 52,748
financial participation is not available, the department shall 52,749
use state funds available in one or more of those foregoing 52,750
appropriation items to ensure that the county department receives 52,751
the full amount of its allocation. The single allocation is the 52,752
maximum amount the county department shall receive from those 52,753
foregoing appropriation items. 52,754
Reports on Interagency Transfers 52,756
With regard to the foregoing appropriation item 600-655, 52,758
Interagency Reimbursement, the Department of Job and Family 52,759
Services shall provide the Legislative Budget Office of the 52,760
Legislative Service Commission with a report each month that 52,762
details interagency transfers through the appropriation item.
1162
The reports shall break down transfers by agency and 52,763
appropriation item to which transfers are made. Transfers shall 52,764
further be broken down by source of federal funds, including 52,765
federal program number (as shown in the Catalog of Federal 52,766
Domestic Assistance), grant number, and department reporting 52,767
category number. In addition, transfers of Medicaid dollars 52,768
shall be grouped between reimbursement for services and 52,769
administrative costs. Reports shall be provided to the 52,770
Legislative Budget Office of the Legislative Service Commission 52,771
within two weeks after the end of the month.
Section 58.06. Hospital Care Assurance Assessment Match 52,773
Fund
Appropriation item 600-650, Hospital Care Assurance 52,775
Assessment Match, shall be used by the Department of Job and 52,776
Family Services to receive and distribute funds in connection 52,777
with the Hospital Care Assurance Program. 52,778
Section 58.07. Transfer of Funds 52,780
The Ohio Department of Job and Family Services shall 52,782
transfer through intrastate transfer vouchers, cash from State 52,783
Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, 52,785
Home and Community-Based Services, in the Ohio Department of 52,786
Mental Retardation and Developmental Disabilities. The sum of 52,787
the transfers shall be equal to the amounts appropriated in 52,788
fiscal year 2001 in appropriation item 322-604, Waiver - Match. 52,789
The transfer may occur on a quarterly basis or on a schedule 52,790
developed and agreed to by both departments. 52,791
The Ohio Department of Job and Family Services shall 52,793
transfer, through intrastate transfer vouchers, cash from the 52,794
State Special Revenue Fund 4J5, Home and Community-Based Services 52,795
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 52,796
Aging. The sum of the transfers shall be equal to the amount 52,797
appropriated in fiscal year 2001 in appropriation item 490-610, 52,798
PASSPORT/Residential State Supplement. The transfer may occur on 52,799
a quarterly basis or on a schedule developed and agreed to by 52,800
1163
both departments.
Transfers of IMD/DSH Cash 52,802
The Department of Job and Family Services shall transfer, 52,804
through intrastate transfer voucher, cash from fund 5C9, Medicaid 52,806
Program Support, to the Department of Mental Health's Fund 4X5, 52,807
OhioCare, in accordance with an interagency agreement which 52,808
delegates authority from the Department of Job and Family 52,809
Services to the Department of Mental Health to administer
specified Medicaid services. 52,810
The Director of Budget and Management shall transfer cash 52,812
from the Department of Job and Family Services, fund 5C9, 52,813
Medicaid Program Support, in the amount of $2,000,000 in fiscal 52,814
year 2001 to the Department of Health's Health Services Fund, 52,815
Fund 5E1.
Transfer from the Children's Trust Fund to the Wellness 52,817
Block Grant Fund
The Director of Budget and Management shall transfer 52,819
$1,000,000 in fiscal year 2001 from Fund 198, Children's Trust 52,821
Fund, to Fund 4N7, Wellness Block Grant, within the Department of 52,822
Job and Family Services' budget.
Foster Care Liability Coverage 52,824
On behalf of public children services agencies and in 52,826
consultation with the Department of Insurance and the Office of 52,827
State Purchasing, the Department of Job and Family Services may 52,828
seek and accept proposals for a uniform and statewide insurance 52,829
policy to indemnify foster parents for personal injury and
property damage suffered by them due to the care of a foster 52,831
child. Premiums for such a policy shall be the sole 52,832
responsibility of each public children services agency that 52,833
agrees to purchase the insurance policy.
Protective Services Incentive Funding 52,835
Notwithstanding the formula in section 5101.14 of the 52,837
Revised Code, from the foregoing appropriation item 600-527, 52,838
Child Protective Services, the Department of Job and Family 52,840
1164
Services may use no more than $2,500,000 in fiscal year 2001 as 52,841
incentive funding for public children services agencies to 52,842
promote innovative practice standards and efficiencies in service 52,843
delivery to and assist public children service agencies in 52,844
complying with federal reporting requirements. Of this amount, 52,845
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 52,847
Department of Human Services shall develop a process for the 52,848
release of these funds and may adopt rules in accordance with 52,849
section 111.15 of the Revised Code governing the distribution,
release, and use of these funds. 52,850
Statewide Automated Child Welfare Information System 52,852
Of the foregoing appropriation item 400-416, Computer 52,854
Projects, in fiscal year 2001, $10,000,000 shall be used for the 52,855
development and implementation of the Statewide Automated Child 52,856
Welfare Information System (SACWIS). 52,857
Day Care/Head Start Collaborations 52,859
The Department of Job and Family Services and the county 52,861
departments of human services shall work to develop collaborative 52,862
efforts between Head Start and child care providers. The 52,863
Department of Job and Family Services may use the foregoing 52,864
appropriation items 600-413, Day Care Match/Maintenance of 52,865
Effort, and 600-617, Day Care Federal, to support collaborative 52,866
efforts between Head Start and child day-care centers. 52,867
Four C's Comprehensive Community Child Care Program 52,869
In fiscal year 2001, the Director of Job and Family 52,871
Services shall provide $25,000 from child care funds to the 52,872
Hamilton County Department of Human Services to contract with the 52,873
Four C's Comprehensive Community Child Care for quality 52,874
activities allowable under the Child Care Development Block
Grant. The Hamilton County Department of Human Services and Four 52,875
C's shall agree on reporting requirements to be incorporated into 52,876
the contract.
Adoption Assistance 52,878
1165
Of the foregoing appropriation item 600-528, State Adoption 52,881
Services, at least $3,700,000 in fiscal year 2001 shall be used 52,882
in support of post finalization adoption services offered
pursuant to section 5153.163 of the Revised Code. The Department 52,884
of Job and Family Services shall adopt rules and procedures
pursuant to section 111.15 of the Revised Code to set payment 52,885
levels and limit eligibility for post finalization adoption 52,886
services as necessary to limit program expenditures to the 52,887
amounts set forth in this section, based on factors including, 52,888
but not limited to, any or all of the following: type, or 52,889
extent, of the adopted child's disability or special need; and 52,890
resources available to the adoptive family to meet the child's 52,892
service needs.
Adoption Connection of Cincinnati 52,894
Of the foregoing appropriation item 600-528, Adoption 52,896
Services, $42,000 is earmarked in fiscal year 2000 to support the 52,897
Adoption Connection of Cincinnati. 52,898
Child Support Collections/TANF MOE 52,900
The foregoing appropriation item 600-658, Child Support 52,902
Collections, shall be used by the Department of Job and Family 52,903
Services to meet the TANF maintenance of effort requirements of 52,904
Pub. L. No. 104-193. After the state has met the maintenance of 52,906
effort requirement, the Department of Job and Family Services may 52,907
use funds from appropriation item 600-658 to support public
assistance activities. 52,908
Private Child Care Agencies Training 52,910
The foregoing appropriation item 600-615, Private Child 52,912
Care Agencies Training, shall be used by the Department of Job 52,913
and Family Services to provide the state match for federal Title 52,914
IV-E training dollars for private child placing agencies and 52,915
private noncustodial agencies. Revenues shall consist of moneys 52,916
derived from fees established under section 5101.143 of the 52,918
Revised Code and paid by private child placing agencies and 52,919
private noncustodial agencies.
1166
Child Care Quality Improvement 52,921
The Department of Job and Family Services shall make 52,923
available to county departments of human services an amount to 52,925
fund the improvement of the quality of publicly funded child care 52,926
and access to publicly funded child care, including, but not 52,927
limited to, recruitment, training, mentoring, and oversight of 52,928
child care providers or in-home providers. 52,929
Transfer for Lead Assessments 52,931
Of the foregoing appropriation item 600-525, Health 52,933
Care/Medicaid, the Department of Job and Family Services may 52,934
transfer funds from the General Revenue Fund to the General 52,935
Operations Fund (Fund 142) of the Department of Health. Transfer 52,936
of the funds shall be made through intrastate transfer voucher 52,937
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 52,938
Medicaid Healthcheck recipients. 52,939
Medicaid Program Support Fund - State 52,941
The foregoing appropriation item 600-671, Medicaid Program 52,943
Support, shall be used by the Department of Job and Family 52,944
Services to pay for Medicaid services and contracts. 52,945
Holding Account Redistribution Group 52,947
The foregoing appropriation items 600-643 and 600-644, 52,949
Holding Account Redistribution Fund Group, shall be used to hold 52,950
revenues until they are directed to the appropriate accounts or 52,951
until they are refunded. If it is determined that additional 52,952
appropriation authority is necessary, such amounts are hereby 52,953
appropriated.
Agency Fund Group 52,955
The Agency Fund Group shall be used to hold revenues until 52,958
the appropriate fund is determined or until they are directed to 52,959
the appropriate governmental agency other than the Department of 52,960
Job and Family Services. If it is determined that additional 52,962
appropriation authority is necessary, such amounts are hereby
appropriated. 52,963
1167
Federal Special Revenue Fund Group 52,965
The foregoing appropriation items that appear in the 52,967
Department of Human Service's Federal Special Revenue Fund Group 52,968
shall be used to collect revenue from various sources and use the 52,969
revenue to support programs administered by the Department of 52,970
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 52,971
the Director of Budget and Management on forms prescribed by the 52,972
Controlling Board. If the Director agrees that the additional 52,973
appropriation authority is necessary in order to perform the 52,974
functions allowable in the appropriation item then such amounts 52,975
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 52,976
the action taken.
Section 58.08. Adoptive Placement Payments 52,978
The foregoing appropriation item 600-427, Child & Family 52,980
Services Activities, may be used to make payments pursuant to 52,981
agreements entered into under section 5103.12 of the Revised 52,982
Code. 52,983
Consolidation of State Grants 52,985
With the consent of a county, the Department of Job and 52,987
Family Services may combine into a single and consolidated grant 52,988
of state aid, funds that would otherwise be provided to that 52,989
county pursuant to the operation of section 5101.14 of the 52,990
Revised Code and other funds that would otherwise be provided to 52,991
that county for the purpose of providing kinship care. In fiscal 52,992
year 2001, the grant shall also include unspent funds remaining 52,993
from any grant provided to the county under this section in 52,994
fiscal year 2000.
Funds contained in any such consolidation grant shall not 52,996
be subject to either statutory or administrative rules which 52,997
would otherwise govern allowable uses from such funds, except 52,998
that such funds shall continue to be used by the county to meet 52,999
the expenses of its children services program. Funds contained 53,000
1168
in any consolidation grant shall be paid to each county within 53,001
thirty days after the beginning of each calendar quarter. Funds 53,002
provided to a county under this section shall be deposited in the 53,004
children services fund, established in section 5101.143 of the 53,005
Revised Code, and shall be used for no other purpose than to meet 53,006
the expenses of the children services program. Within ninety 53,007
days after the end of fiscal year 2001, each county shall return 53,008
to the Department of Job and Family Services any unspent balance
in the consolidated grant, unless this section is renewed for a 53,009
subsequent period of time. 53,010
Section 58.09. Administration Support Services 53,012
The Department of Job and Family Services may assess 53,014
programs of the department for the cost of administration, 53,015
support, and technical services. Such an assessment shall be 53,016
based upon a plan submitted to and approved by the Office of 53,017
Budget and Management by the first day of August of each fiscal
year and shall contain the characteristics of administrative ease 53,018
and uniform application. A program's payments shall be 53,019
transferred via intrastate transfer voucher to the Unemployment 53,020
Compensation Administration Fund (Fund 331). 53,021
Employer Surcharge 53,023
The surcharge and the interest on the surcharge amounts due 53,025
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 53,026
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 53,027
General Assembly shall be assessed, collected, accounted for, and 53,028
made available to the Department of Job and Family Services in 53,029
the same manner as are the surcharge and interest amounts
pursuant to section 4141.251 of the Revised Code. 53,030
Section 59. JCO JUDICIAL CONFERENCE OF OHIO 53,032
General Revenue Fund 53,034
GRF 018-321 Operating Expenses $ 1,020,000 $ 1,080,000 53,039
TOTAL GRF General Revenue Fund $ 1,020,000 $ 1,080,000 53,042
General Services Fund Group 53,045
1169
403 018-601 Ohio Jury 53,048
Instructions $ 180,000 $ 180,000 53,050
TOTAL GSF General Services 53,051
Fund Group $ 180,000 $ 180,000 53,054
TOTAL ALL BUDGET FUND GROUPS $ 1,200,000 $ 1,260,000 53,057
Ohio Jury Instructions Fund 53,060
The Ohio Jury Instructions Fund (Fund 403) shall consist of 53,062
grants, royalties, dues, conference fees, bequests, devises, and 53,063
other gifts received for the purpose of supporting costs incurred 53,064
by the Judicial Conference of Ohio in dispensing education and 53,065
informational data to the state's judicial system. Fund 403 53,067
shall be used by the Judicial Conference of Ohio to pay expenses 53,068
incurred in dispensing educational and informational data to the 53,069
state's judicial system. All moneys accruing to Fund 403 in 53,070
excess of $180,000 in fiscal year 2000 and in excess of $180,000 53,071
in fiscal year 2001 are hereby appropriated for the purposes 53,072
authorized.
No money in the Ohio Jury Instructions Fund shall be 53,074
transferred to any other fund by the Director of Budget and 53,075
Management or the Controlling Board. 53,076
Section 60. JSC THE JUDICIARY/SUPREME COURT 53,078
General Revenue Fund 53,080
GRF 005-321 Operating Expenses - 53,082
Judiciary $ 84,146,536 $ 85,597,403 53,084
GRF 005-401 State Criminal 53,086
Sentencing Council $ 363,182 $ 363,568 53,088
GRF 005-402 Task Force on Family 53,090
Law and Children $ 100,000 $ 100,000 53,092
GRF 010-321 Operating Expenses - 53,094
Supreme Court $ 9,342,738 $ 9,377,229 53,096
GRF 010-401 Law-Related Education $ 197,163 $ 203,077 53,100
TOTAL GRF General Revenue Fund $ 94,149,619 $ 95,641,277 53,103
General Services Fund Group 53,105
6A2 005-602 Dispute Resolution $ 36,050 $ 37,132 53,110
1170
672 005-601 Continuing Judicial 53,112
Education $ 231,750 $ 238,703 53,114
TOTAL GSF General Services 53,115
Fund Group $ 267,800 $ 275,835 53,118
State Special Revenue Fund Group 53,121
4C8 010-603 Attorney Registration $ 1,745,355 $ 1,735,424 53,126
6A8 010-602 Supreme Court 53,128
Admissions $ 812,601 $ 821,061 53,130
643 010-601 Commission on 53,132
Continuing Legal
Education $ 250,000 $ 239,999 53,134
TOTAL SSR State Special Revenue 53,135
Fund Group $ 2,807,956 $ 2,796,484 53,138
Federal Special Revenue Fund Group 53,140
3J0 005-603 Federal Grants $ 781,468 $ 816,405 53,145
TOTAL FED Federal Special 53,146
Revenue Fund Group $ 781,468 $ 816,405 53,149
TOTAL ALL BUDGET FUND GROUPS $ 98,006,843 $ 99,530,001 53,155
Law-Related Education 53,158
The foregoing appropriation item 010-401, Law-Related 53,160
Education, shall be distributed directly to the Ohio Center for 53,161
Law-Related Education for the purposes of providing continuing 53,162
citizenship education activities to primary and secondary 53,163
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 53,164
private money for new programs. 53,166
Dispute Resolution 53,168
The Dispute Resolution Fund (Fund 6A2) shall consist of 53,170
grants and other moneys awarded to promote alternative dispute 53,171
resolution in the Ohio courts and deposited into the Dispute 53,172
Resolution Fund pursuant to the Rules for the Government of the 53,173
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 53,174
Resolution, shall promote alternative dispute resolution programs 53,175
in the Ohio courts and be used for the education of judges, 53,176
1171
attorneys, and other court personnel in dispute resolution 53,177
concepts. If it is determined by the Administrative Director of 53,178
the Supreme Court that additional appropriations are necessary, 53,179
the amounts are hereby appropriated. 53,180
No money in the Dispute Resolution Fund shall be 53,182
transferred to any other fund by the Director of Budget and 53,183
Management or the Controlling Board. Interest earned on moneys 53,184
in the Dispute Resolution Fund shall be credited to the fund. 53,185
Continuing Judicial Education 53,187
The Continuing Judicial Education Fund (Fund 672) shall 53,189
consist of fees paid by judges and court personnel for attending 53,191
continuing education courses and other gifts and grants received 53,193
for the purpose of continuing judicial education. The foregoing 53,194
appropriation item 005-601, Continuing Judicial Education, shall 53,195
be used to pay expenses for continuing education courses for 53,196
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional 53,197
appropriations are necessary, the amounts are hereby 53,198
appropriated.
No money in the Continuing Judicial Education Fund shall be 53,200
transferred to any other fund by the Director of Budget and 53,201
Management or the Controlling Board. Interest earned on moneys 53,202
in the Continuing Judicial Education Fund shall be credited to 53,203
the fund. 53,204
Attorney Registration 53,206
In addition to funding other activities considered 53,208
appropriate by the Supreme Court, the foregoing appropriation 53,209
item 010-603, Attorney Registration, may be used to compensate 53,210
employees and fund the appropriate activities of the following 53,211
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 53,212
Disciplinary Counsel, the Board of Commissioners on Grievances 53,213
and Discipline, the Clients' Security Fund, the Board of 53,214
Commissioners on the Unauthorized Practice of Law, and the Office 53,215
1172
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 53,216
appropriations are necessary, the amounts are hereby 53,217
appropriated.
No moneys in the Attorney Registration Fund shall be 53,219
transferred to any other fund by the Director of Budget and 53,220
Management or the Controlling Board. Interest earned on moneys 53,221
in the Attorney Registration Fund shall be credited to the fund. 53,222
Supreme Court Admissions 53,224
The foregoing appropriation item 010-602, Supreme Court 53,226
Admissions, shall be used to compensate Supreme Court employees 53,227
who are primarily responsible for administering the attorney 53,228
admissions program, pursuant to the Rules for the Government of 53,229
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the 53,230
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 53,231
Court Rules for the Government of the Bar of Ohio. If it is 53,232
determined by the Administrative Director of the Supreme Court 53,233
that additional appropriations are necessary, the amounts are 53,234
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 53,236
transferred to any other fund by the Director of Budget and 53,237
Management or the Controlling Board. Interest earned on moneys 53,238
in the Supreme Court Admissions Fund shall be credited to the 53,239
fund.
Continuing Legal Education 53,241
The foregoing appropriation item 010-601, Commission on 53,243
Continuing Legal Education, shall be used to compensate employees 53,244
of the Commission on Continuing Legal Education, established 53,245
pursuant to the Supreme Court Rules for the Government of the Bar 53,246
of Ohio, and to fund other activities of the commission 53,247
considered appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional 53,248
appropriations are necessary, the amounts are hereby 53,249
1173
appropriated.
No moneys in the Continuing Legal Education Fund shall be 53,251
transferred to any other fund by the Director of Budget and 53,252
Management or the Controlling Board. Interest earned on moneys 53,253
in the Continuing Legal Education Fund shall be credited to the 53,254
fund.
Federal Miscellaneous 53,256
The Federal Miscellaneous Fund (3J0) shall consist of 53,258
grants and other moneys awarded to the Supreme Court of Ohio (The 53,259
Judiciary) by the United States Government, the State Justice 53,260
Institute, or other entities that receive the moneys directly 53,261
from the United States Government or the State Justice Institute 53,262
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 53,263
Grants, shall be used in a manner consistent with the purpose of 53,264
the grant or award. If it is determined by the Administrative 53,265
Director of the Supreme Court that additional appropriations are 53,266
necessary, the amounts are hereby appropriated.
No money in the Federal Miscellaneous Fund shall be 53,268
transferred to any other fund by the Director of Budget and 53,269
Management or the Controlling Board. However, interest earned on 53,270
moneys in the Federal Miscellaneous Fund on or after July 1, 53,271
1995, shall be credited or transferred to the General Revenue
Fund. 53,272
Section 61. LEC LAKE ERIE COMMISSION 53,274
State Special Revenue Fund Group 53,276
4C0 780-601 Lake Erie Protection 53,279
Fund $ 998,400 $ 1,022,362 53,281
5D8 780-602 Lake Erie Resources 53,283
Fund $ 588,759 $ 602,889 53,285
TOTAL SSR State Special Revenue 53,286
Fund Group $ 1,587,159 $ 1,625,251 53,289
TOTAL ALL BUDGET FUND GROUPS $ 1,587,159 $ 1,625,251 53,292
Cash Transfer 53,295
1174
Not later than September 30 of each fiscal year, the 53,297
executive director of the Lake Erie Commission, with the approval 53,298
of the Commission, shall certify to the Director of Budget and 53,300
Management the cash balance in the Lake Erie Resources Fund (Fund 53,301
5D8) and may request to transfer cash balances in excess of
amounts needed to meet operating expenses from Fund 5D8 to the 53,302
Lake Erie Protection Fund (Fund 4C0). Cash transferred shall be 53,303
used for the purposes described in division (A) of section 53,304
1506.23 of the Revised Code. Additional appropriation authority 53,305
in the amount of the cash transfer is hereby appropriated. 53,306
Section 62. LRS LEGAL RIGHTS SERVICE 53,308
General Revenue Fund 53,310
GRF 054-100 Personal Services $ 331,826 $ 327,673 53,315
GRF 054-200 Maintenance $ 48,998 $ 50,174 53,319
GRF 054-300 Equipment $ 2,680 $ 2,744 53,323
GRF 054-401 Ombudsman $ 382,659 $ 379,363 53,327
TOTAL GRF General Revenue Fund $ 766,163 $ 759,954 53,330
General Services Fund Group 53,333
416 054-601 Gifts and Donations $ 1,256 $ 1,291 53,338
TOTAL GSF General Services 53,339
Fund Group $ 1,256 $ 1,291 53,342
Federal Special Revenue Fund Group 53,345
3B8 054-603 Protection and 53,348
Advocacy - Mentally
Ill $ 706,422 $ 706,422 53,350
3N3 054-606 Protection and 53,352
Advocacy - Individual
Rights $ 334,739 $ 334,739 53,354
3N9 054-607 Assistive Technology $ 83,000 $ 83,000 53,358
3R9 054-604 Family Support 53,360
Collaborative $ 200,000 $ 200,000 53,362
3T2 054-609 Client Assistance 53,364
Program $ 380,000 $ 380,000 53,366
1175
305 054-602 Protection and 53,368
Advocacy -
Developmentally
Disabled $ 1,059,481 $ 1,059,481 53,370
TOTAL FED Federal Special Revenue 53,371
Fund Group $ 2,763,642 $ 2,763,642 53,374
TOTAL ALL BUDGET FUND GROUPS $ 3,531,061 $ 3,524,887 53,377
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 53,380
General Revenue Fund 53,382
GRF 028-321 Legislative Ethics 53,385
Committee $ 551,500 $ 569,400 53,387
TOTAL GRF General Revenue Fund $ 551,500 $ 569,400 53,390
State Special Revenue Fund Group 53,393
4G7 028-601 Joint Legislative 53,396
Ethics Committee $ 60,000 $ 50,000 53,398
TOTAL SSR State Special Revenue $ 60,000 $ 50,000 53,401
Fund
TOTAL ALL BUDGET FUND GROUPS $ 611,500 $ 619,400 53,404
Section 64. LSC LEGISLATIVE SERVICE COMMISSION 53,407
General Revenue Fund 53,409
GRF 035-321 Operating Expenses $ 8,576,725 $ 8,885,000 53,414
GRF 035-402 Legislative Interns $ 840,000 $ 890,000 53,418
GRF 035-403 Legislative Budget 53,420
Office $ 2,672,000 $ 2,752,000 53,422
GRF 035-404 Legislative Office of 53,424
Education Oversight $ 1,116,995 $ 1,087,423 53,426
GRF 035-405 Correctional 53,428
Institution
Inspection Committee $ 470,000 $ 495,000 53,430
GRF 035-406 ATMS Replacement 53,432
Project $ 90,000 $ 90,000 53,434
GRF 035-407 Legislative Task 53,436
Force on
Redistricting $ 2,400,000 $ 2,100,000 53,438
1176
GRF 035-409 National Associations $ 392,674 $ 405,717 53,442
GRF 035-410 Legislative 53,444
Information Systems $ 5,260,000 $ 4,265,000 53,446
TOTAL GRF General Revenue Fund $ 21,818,394 $ 20,970,140 53,449
General Services Fund Group 53,452
4F6 035-603 Legislative Budget 53,455
Services $ 140,000 $ 144,000 53,457
410 035-601 Sale of Publications $ 25,000 $ 25,000 53,461
TOTAL GSF General Services 53,462
Fund Group $ 165,000 $ 169,000 53,465
TOTAL ALL BUDGET FUND GROUPS $ 21,983,394 $ 21,139,140 53,468
Operating Expenses 53,471
Of the foregoing appropriation item 035-321, Operating 53,473
Expenses, $350,000 in fiscal year 2000 and $175,000 in fiscal 53,474
year 2001 shall be used to pay for equipment for the electronic 53,475
filing of rules and related documents.
Of the foregoing appropriation item 035-321, Operating 53,477
Expenses, up to $10,000 in each fiscal year may be used to 53,478
contract with a non-profit assistive technology organization for 53,479
the purpose of providing public documents produced by or for the 53,480
General Assembly in alternative formats when feasible. 53,481
On or before July 15, 1999, the Director of Budget and 53,483
Management shall determine and certify to the Director of the 53,484
Legislative Service Commission the total amount of unexpended, 53,485
unobligated appropriations made to the commission for fiscal year 53,486
1999 in appropriation items 035-321, 035-402, 035-403, 035-404, 53,487
035-405, 035-406, 035-407, 035-409, 035-410, and 035-412. 53,488
Additional appropriation authority equal to the amount certified
is hereby appropriated to appropriation item 035-321, Operating 53,489
Expenses, for fiscal year 2000. 53,490
ATMS Replacement Project 53,492
Of the foregoing appropriation item 035-406, ATMS 53,494
Replacement Project, any amounts not used for the ATMS project 53,495
may be used to pay the operating expenses of the Legislative 53,496
1177
Service Commission. 53,497
Legislative Task Force on Redistricting 53,499
Of the foregoing appropriation item 035-407, Legislative 53,501
Task Force on Redistricting, $400,000 in fiscal year 2000 and 53,502
$100,000 in fiscal year 2001 shall be used to assist county 53,503
boards of elections to comply with the requirement of using 53,504
census bureau geography to determine precinct boundaries. Upon 53,505
written request from the Secretary of State, the Director of the
Legislative Service Commission shall transfer $400,000 in fiscal 53,506
year 2000 and $100,000 in fiscal year 2001 to the Secretary of 53,507
State. Transfer shall be made through intrastate voucher. The 53,508
Secretary of State shall expend the transferred funds in 53,509
accordance with the requirements of this section.
National Associations 53,511
Of the foregoing appropriation item 035-409, National 53,513
Associations, $8,000 in each fiscal year shall be used for the 53,515
State and Local Legal Center.
Legislative Office of Education Oversight 53,517
The foregoing appropriation item 035-404, Legislative 53,519
Office of Education Oversight, shall be used to support the 53,520
legislative oversight activities of the Legislative Committee on 53,521
Education Oversight established in section 3301.68 of the Revised 53,522
Code. 53,523
Section 103.141 Report 53,525
Notwithstanding section 103.141 of the Revised Code, the 53,528
Legislative Budget Office of the Legislative Service Commission
may submit the estimates required by that section for calendar 53,529
years 1996 and 1997 in October 2000. 53,530
LBO Child Care Study 53,532
The Legislative Budget Office of the Legislative Service 53,534
Commission (LBO) shall undertake a study of publicly funded child 53,535
care payment procedures and make recommendations regarding the 53,536
feasibility and the potential for development of a cost-based 53,537
prospective payment system. Any prospective payment system 53,538
1178
should provide for predictability and stability of payment and
should take into consideration facility costs and training costs. 53,539
LBO shall report its findings to the Speaker and Minority Leader 53,540
of the House of Representatives, President and Minority Leader of 53,541
the Senate, and the Governor no later than July 1, 2000. 53,542
LBO Fiscal Report on ESC Office Space and Equipment 53,544
The Legislative Budget Office of the Legislative Service 53,546
Commission shall conduct a fiscal report outlining the costs of 53,547
the office space and equipment provided to educational service 53,548
centers by boards of county commissioners. The report shall 53,549
provide all of the following: the amount of office space 53,550
currently provided; the cost or value of the office space; the 53,551
cost of utilities and services; the cost for equipment provided; 53,552
and any incidentals or staff resources provided. If a county does 53,553
not physically provide office space and participates in a joint 53,554
county educational service center, then the report shall provide 53,555
the amount of money that the county provides to the host county. 53,556
In conducting the report, the Legislative Budget Office may 53,558
request information and assistance from boards of county 53,559
commissioners and educational service centers. Boards of county 53,560
commissioners and educational service centers shall provide such 53,561
information and assistance to the Legislative Budget Office so 53,562
that the report may be completed in a timely manner. 53,563
The Legislative Budget Office shall send a copy of the 53,565
report to the Speaker and Minority Leader of the House of 53,566
Representatives, the President and Minority Leader of the Senate, 53,567
the Governor, the Lieutenant Governor, and the State and Local 53,568
Government Commission before August 1, 2000. 53,569
Section 65. LIB STATE LIBRARY BOARD 53,571
General Revenue Fund 53,573
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 53,578
GRF 350-200 Maintenance $ 2,087,742 $ 1,728,248 53,582
GRF 350-300 Equipment $ 1,966,322 $ 579,914 53,586
1179
GRF 350-400 Ohio Public Library 53,588
Information Network $ 5,712,486 $ 5,854,002 53,590
GRF 350-501 Cincinnati Public 53,592
Library $ 751,887 $ 769,932 53,594
GRF 350-502 Regional Library 53,596
Systems $ 1,871,151 $ 1,926,769 53,598
GRF 350-503 Cleveland Public 53,600
Library $ 1,140,923 $ 1,164,705 53,601
GRF 350-505 Netwellness $ 750,000 $ 750,000 53,605
TOTAL GRF General Revenue Fund $ 19,609,950 $ 18,044,528 53,608
General Services Fund Group 53,611
139 350-602 Intra-Agency Service 53,614
Charges $ 28,123 $ 28,911 53,616
459 350-602 Interlibrary Service 53,618
Charges $ 774,564 $ 781,280 53,620
TOTAL GSF General Services 53,621
Fund Group $ 802,687 $ 810,191 53,624
Federal Special Revenue Fund Group 53,627
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 53,632
TOTAL FED Federal Special Revenue 53,633
Fund Group $ 5,163,542 $ 5,163,542 53,636
TOTAL ALL BUDGET FUND GROUPS $ 25,576,179 $ 24,018,261 53,639
Maintenance 53,642
Of the foregoing appropriation item, 350-200, Maintenance, 53,644
$400,000 in fiscal year 2000 shall be used to fund the relocation 53,645
of the State Library from the State Departments Building. 53,646
Equipment 53,648
Of the foregoing appropriation item, 350-300, Equipment, 53,650
$1,400,000 in fiscal year 2000 shall be used to fund the 53,651
relocation of the State Library from the State Departments 53,652
Building.
Ohio Public Library Information Network 53,654
The foregoing appropriation item 350-400, Ohio Public 53,656
Library Information Network, shall be used for an information 53,657
1180
telecommunications network linking public libraries in the state 53,658
and such others as may be certified as participants by the Ohio 53,659
Public Library Information Network Board. 53,660
The Ohio Public Library Information Network Board shall 53,664
consist of eleven members appointed by the State Library Board 53,665
from among the staff of public libraries and past and present 53,666
members of boards of trustees of public libraries, based on the 53,667
recommendations of the Ohio library community. The Ohio Public 53,668
Library Information Network Board in consultation with the State 53,669
Library shall develop a plan of operations for the network. The 53,670
Board shall have the authority to make decisions regarding the 53,671
use of the foregoing appropriation item 350-400, Ohio Public 53,672
Library Information Network, and to receive and expend grants to 53,673
carry out the operations of the network in accordance with state 53,674
law and the authority to appoint and fix the compensation of a 53,676
director and necessary staff. The State Library will be the 53,677
fiscal agent for the network and shall have fiscal accountability 53,678
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 53,679
travel and necessary expenses incurred in the carrying out of 53,680
their responsibilities.
In order to limit access to obscene and illegal materials 53,682
through internet use at Ohio Public Library Information Network 53,683
(OPLIN) terminals, local libraries with OPLIN computer terminals 53,684
shall adopt policies that control access to obscene and illegal 53,685
materials. These policies may include use of technological 53,687
systems to select or block certain internet access. The OPLIN 53,688
shall condition provision of its funds, goods, and services on 53,689
compliance with these policies. The OPLIN board shall also adopt 53,690
and communicate specific recommendations to local libraries on 53,691
methods to control such improper usage. These methods may 53,692
include each library implementing a written policy controlling 53,694
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 53,695
1181
internet usage.
Of the foregoing appropriation item 350-400, Ohio Public 53,697
Library Information Network, up to $66,000 in fiscal year 2000 53,698
and up to $72,000 in fiscal year 2001 shall be used to help local 53,699
libraries purchase filters to screen out obscene and illegal 53,700
internet materials. 53,701
The OPLIN board shall research and assist or advise local 53,703
libraries with emerging technologies and methods that may be 53,704
effective means to control access to obscene and illegal 53,706
materials. On October 1, 1999, and biannually thereafter, the 53,707
OPLIN Executive Director shall provide written reports to the 53,708
Governor, the Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the 53,709
Senate on any steps being taken by OPLIN and public libraries in 53,711
this state to limit and control such improper usage as well as 53,713
information on technological, legal, and law enforcement trends
nationally and internationally affecting this area of public 53,714
access and service. 53,715
The Ohio Public Library Information Network, InfOhio, and 53,717
OhioLink shall, to the extent feasible, coordinate and cooperate 53,718
in their purchase or other acquisition of the use of electronic 53,719
databases for their respective users and shall contribute funds 53,720
in an equitable manner to such effort.
Regional Library Systems 53,722
Of the foregoing appropriation item 350-502, Regional 53,724
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 53,725
fiscal year 2001 shall be used to replace federal dollars that 53,726
will be eliminated due to the expiration of the Library Services 53,727
and Construction Act (LSCA).
Netwellness 53,729
The foregoing appropriation item 350-505, Netwellness, 53,731
shall be used to fund the Netwellness program, a joint venture of 53,732
the University of Cincinnati, Case Western Reserve University, 53,733
and The Ohio State University.
1182
Section 66. LCO LIQUOR CONTROL COMMISSION 53,735
Liquor Control Fund Group 53,737
043 970-321 Operating Expenses $ 656,322 $ 671,416 53,742
TOTAL LCF Liquor Control Fund $ 656,322 $ 671,416 53,745
Group
TOTAL ALL BUDGET FUND GROUPS $ 656,322 $ 671,416 53,748
Section 67. MED STATE MEDICAL BOARD 53,751
General Services Fund Group 53,753
5C6 883-609 State Medical Board 53,756
Operating $ 5,891,825 $ 5,861,245 53,758
TOTAL GSF General Services 53,759
Fund Group $ 5,891,825 $ 5,861,245 53,762
TOTAL ALL BUDGET FUND GROUPS $ 5,891,825 $ 5,861,245 53,765
Section 68. DMH DEPARTMENT OF MENTAL HEALTH 53,768
Division of General Administration Intragovernmental Service Fund 53,770
Group 53,771
151 235-601 General 53,774
Administration $ 72,523,765 $ 74,161,226 53,776
TOTAL ISF Intragovernmental $ 72,523,765 $ 74,161,226 53,779
Service Fund Group
Division of Mental Health-- 53,781
Psychiatric Services to Correctional Facilities 53,782
General Revenue Fund 53,784
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 53,789
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 53,792
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 53,795
Forensic Services 53,798
The foregoing appropriation item 322-401, Forensic 53,800
Services, shall be used to provide psychiatric services to courts 53,802
of common pleas. The appropriation shall be allocated through 53,803
community mental health boards to certified community agencies 53,804
and shall be distributed according to the criteria delineated in 53,805
Rule 5122:4-1-01 of the Administrative Code. These community 53,806
forensic funds may also be used to provide forensic training to 53,807
1183
community mental health boards and to forensic psychiatry 53,808
residency programs in hospitals operated by the Department of 53,809
Mental Health and to provide evaluations of patients of forensic 53,810
status in facilities operated by the Department of Mental Health 53,811
prior to conditional release to the community. 53,812
In addition, appropriation item 332-401 may be used to 53,814
support projects involving mental health, substance abuse, 53,815
courts, and law enforcement to identify and develop appropriate 53,816
alternative services to institutionalization for non-violent 53,817
mentally ill offenders, and to provide linkage to community 53,818
services for severely mentally disabled offenders released from 53,820
institutions operated by the Department of Rehabilitation and 53,823
Correction. Funds may also be utilized to provide forensic 53,824
monitoring and tracking in addition to community programs serving 53,826
persons of forensic status on conditional release or probation. 53,827
Diversion Linkage Projects 53,829
Any cash transferred from the Department of Rehabilitation 53,831
and Correction Community Mental Health and Substance Abuse 53,832
Treatment Fund (Fund 4J3) and from the Department of Youth 53,833
Services Community Mental Health and Substance Abuse Treatment 53,834
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
shall be used by the Department of Mental Health to fund existing 53,835
county Diversion Linkage projects which provide alternative 53,836
services to institutionalization for non-violent mentally ill 53,837
offenders. The amount of the transfer is hereby appropriated. 53,838
Division of Mental Health-- 53,839
Administration and Statewide Programs 53,840
General Revenue Fund 53,842
GRF 333-100 Personal Services - 53,845
Central
Administration $ 18,585,795 $ 17,027,859 53,847
GRF 333-200 Maintenance - Central 53,849
Administration $ 2,378,563 $ 2,348,974 53,851
1184
GRF 333-300 Equipment - Central 53,853
Administration $ 1,004,165 $ 506,598 53,855
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 53,859
GRF 333-403 Pre-Admission 53,861
Screening Expenses $ 645,750 $ 658,665 53,863
GRF 333-415 Rental Payments OPFC $ 30,000,000 $ 28,600,000 53,867
GRF 333-416 Research Program 53,869
Evaluation $ 958,606 $ 984,933 53,871
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 53,874
General Services Fund Group 53,877
149 333-609 Central Office Rotary 53,880
- Operating $ 1,122,727 $ 1,135,684 53,882
TOTAL General Services Fund Group $ 1,122,727 $ 1,135,684 53,885
Federal Special Revenue Fund Group 53,888
3A7 333-612 Social Services Block 53,891
Grant $ 25,000 $ 25,000 53,893
3A8 333-613 Federal Grant - 53,895
Administration $ 24,880 $ 24,880 53,897
3A9 333-614 Mental Health Block 53,899
Grant $ 644,212 $ 644,212 53,901
3B1 333-635 Community Medicaid 53,903
Expansion $ 4,465,264 $ 4,465,264 53,905
324 333-605 Medicaid/Medicare $ 150,000 $ 150,000 53,909
TOTAL Federal Special Revenue 53,910
Fund Group $ 5,309,356 $ 5,309,356 53,913
State Special Revenue Fund Group 53,916
4X5 333-607 Behavioral Health 53,919
Medicaid Services $ 3,200,000 $ 2,775,000 53,921
485 333-632 Mental Health 53,923
Operating $ 124,284 $ 127,764 53,925
TOTAL State Special Revenue 53,926
Fund Group $ 3,324,284 $ 2,902,764 53,929
TOTAL ALL BUDGET FUND GROUPS $ 64,819,420 $ 60,994,810 53,932
Residency Traineeship Programs 53,935
1185
The foregoing appropriation item 333-402, Resident 53,937
Trainees, shall be used to fund training agreements entered into 53,938
by the Department of Mental Health for the development of 53,939
curricula and the provision of training programs to support 53,940
public mental health services. The appropriation line item may 53,941
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 53,942
between the public mental health system and college and 53,943
university traineeship programs established pursuant to section 53,944
5119.11 of the Revised Code.
Pre-Admission Screening Expenses 53,946
The foregoing appropriation item 333-403, Pre-Admission 53,948
Screening Expenses, shall be used to pay for costs to ensure that 53,950
uniform statewide methods for pre-admission screening are in 53,951
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 53,952
another inpatient facility is sought. Pre-admission screening 53,954
includes the following activities: pre-admission assessment, 53,955
consideration of continued stay requests, discharge planning and 53,956
referral, and adjudication of appeals and grievance procedures. 53,957
Rental Payments to the Ohio Public Facilities Commission 53,959
The foregoing appropriation item 333-415, Rental Payments 53,961
OPFC, shall be used to meet all payments at the times they are 53,963
required to be made during the period from July 1, 1999, to June 53,964
30, 2001, by the Department of Mental Health to the Ohio Public 53,965
Facilities Commission pursuant to leases and agreements made 53,966
under section 154.20 of the Revised Code, but limited to the 53,967
aggregate amount of $58,600,000. Nothing in this act shall be 53,968
deemed to contravene the obligation of the state to pay, without 53,969
necessity for further appropriation, from the sources pledged 53,970
thereto, the bond service charges on obligations issued pursuant 53,971
to section 154.20 of the Revised Code. 53,972
Section 68.01. Division of Mental Health--Hospitals 53,974
General Revenue Fund 53,976
1186
GRF 334-408 Community and 53,979
Hospital Mental
Health Services $ 343,457,861 $ 349,242,440 53,981
GRF 334-506 Court Costs $ 966,274 $ 989,465 53,985
TOTAL GRF General Revenue Fund $ 344,424,135 $ 350,231,905 53,988
General Services Fund Group 53,991
149 334-609 Hospital Rotary - 53,994
Operating Expenses $ 4,291,568 $ 2,196,668 53,996
150 334-620 Special Education $ 105,250 $ 105,250 54,000
TOTAL GSF General Services 54,002
Fund Group $ 4,396,818 $ 2,301,918 54,005
Federal Special Revenue Fund Group 54,008
3B0 334-617 Elementary and 54,011
Secondary Education
Act $ 180,348 $ 189,215 54,013
324 334-605 Medicaid/Medicare $ 13,160,416 $ 13,299,340 54,017
TOTAL FED Federal Special Revenue 54,018
Fund Group $ 13,340,764 $ 13,488,555 54,021
State Special Revenue Fund Group 54,024
485 334-632 Mental Health 54,027
Operating $ 2,565,188 $ 2,651,013 54,029
692 334-636 Community Mental 54,031
Health Board Risk
Fund $ 581,871 $ 598,163 54,033
TOTAL SSR State Special Revenue 54,034
Fund Group $ 3,147,059 $ 3,249,176 54,037
TOTAL ALL BUDGET FUND GROUPS $ 365,308,776 $ 369,271,554 54,040
Community Mental Health Board Risk Fund 54,044
The foregoing appropriation item 334-636, Community Mental 54,046
Health Board Risk Fund, shall be used to make payments pursuant 54,048
to section 5119.62 of the Revised Code. 54,049
Section 68.02. Division of Mental Health--Community 54,051
Support Services 54,052
General Revenue Fund 54,054
1187
GRF 335-419 Community Medication 54,057
Subsidy $ 7,181,673 $ 7,701,549 54,059
GRF 335-502 Community Mental 54,061
Health Programs $ 37,272,143 $ 38,166,674 54,063
GRF 335-508 Services for Severely 54,065
Mentally Disabled $ 58,991,734 $ 60,405,135 54,067
TOTAL GRF General Revenue Fund $ 103,445,550 $ 106,273,358 54,070
General Services Fund Group 54,073
4N8 335-606 Family Stability 54,076
Incentive $ 7,196,000 $ 7,300,000 54,078
TOTAL GSF General Services 54,079
Fund Group $ 7,196,000 $ 7,300,000 54,082
Federal Special Revenue Fund Group 54,085
3A7 335-612 Social Services Block 54,088
Grant $ 12,519,873 $ 9,250,982 54,090
3A8 335-613 Federal Grant - 54,092
Community Mental
Health Board Subsidy $ 597,120 $ 597,120 54,094
3A9 335-614 Mental Health Block 54,096
Grant $ 12,128,136 $ 12,128,136 54,098
3B1 335-635 Community Medicaid 54,100
Expansion $ 145,600,000 $ 151,424,000 54,102
TOTAL FED Federal Special Revenue 54,103
Fund Group $ 170,845,129 $ 173,400,238 54,106
TOTAL ALL BUDGET FUND GROUPS $ 281,486,679 $ 286,973,596 54,109
DEPARTMENT TOTAL 54,110
GENERAL REVENUE FUND $ 507,138,893 $ 512,548,051 54,113
DEPARTMENT TOTAL 54,114
GENERAL SERVICES FUND GROUP $ 12,715,545 $ 10,737,602 54,117
DEPARTMENT TOTAL 54,118
FEDERAL SPECIAL REVENUE 54,119
FUND GROUP $ 189,495,249 $ 192,198,149 54,122
DEPARTMENT TOTAL 54,123
STATE SPECIAL REVENUE FUND GROUP $ 6,471,343 $ 6,151,940 54,126
1188
DEPARTMENT TOTAL 54,127
INTRAGOVERNMENTAL FUND GROUP $ 72,523,765 $ 74,161,226 54,130
TOTAL DEPARTMENT OF MENTAL HEALTH $ 788,344,795 $ 795,796,968 54,133
Section 68.03. Community Medication Subsidy 54,136
The foregoing appropriation item 335-419, Community 54,138
Medication Subsidy, shall be used to provide subsidized support 54,139
for psychotropic medication needs of indigent citizens in the 54,140
community to reduce unnecessary hospitalization because of lack 54,141
of medication and to provide subsidized support for methadone 54,142
costs. 54,143
General Community Mental Health Programs 54,145
The foregoing appropriation item 335-502, Community Mental 54,147
Health Programs, shall be distributed by the Department of Mental 54,149
Health on a per capita basis to community mental health boards. 54,150
The purpose of the appropriation shall be to provide 54,152
subsidized support for general mental health services to Ohioans. 54,153
The range of mental health services eligible for funding shall be 54,154
defined in a Department of Mental Health administrative rule. 54,155
Community mental health boards shall allocate funds in support of 54,157
these services in accordance with the mental health needs of the 54,158
community.
Mental Health Services for Severely Mentally Disabled 54,160
Persons
The foregoing appropriation item 335-508, Services for 54,162
Severely Mentally Disabled, shall be used to fund mental health 54,164
services for adults and children who meet or have formerly met 54,165
criteria established by the Department of Mental Health under its 54,166
definition of severely mentally disabled. Those adults and 54,167
children who constitute severely mentally disabled shall include 54,168
those with a history of recent or chronic psychiatric 54,169
hospitalizations, a history of psychosis, a prognosis of 54,170
continued severe social and adaptive functioning impairment, or 54,171
those certified impaired by the Social Security Administration 54,172
for reasons of mental illness. In addition to the above, children 54,173
1189
and adolescents who are currently determined to be severely 54,174
mentally disabled, or who are at risk of becoming severely mental 54,175
disabled, and who are already in or about to enter the juvenile 54,176
justice system, or child welfare system, or receiving special 54,177
education services within the education system may also receive 54,178
services funded by appropriation item 335-508, Services for 54,179
Severely Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for 54,181
Serverely Mentally Disabled, $100,000 in each fiscal year shall 54,182
be used to fund family and consumer education and support. 54,183
Of the foregoing appropriation item 335-508, Services for 54,186
Severely Mentally Disabled, $2.7 million in each fiscal year 54,187
shall be used to transfer cash from the General Revenue Fund to
Fund 4N8, Family Stability Incentive. This transfer shall be 54,188
made using an intrastate voucher. 54,189
Behavioral Health Medicaid Services 54,191
The Department of Mental Health shall administer specified 54,193
Medicaid Services as delegated by the Department of Human 54,194
Services in an interagency agreement. The foregoing 54,195
appropriation item 333-607, Behavioral Health Medicaid Services, 54,196
may be used to make payments for free-standing psychiatric 54,197
hospital inpatient services as defined in an interagency 54,198
agreement with the Department of Human Services.
Community Capital Replacement Facility Fund 54,200
Any proceeds received from the sale of property approved by 54,202
the Director of Mental Health under section 5119.631 of the 54,203
Revised Code are hereby appropriated. 54,204
Section 68.04. Not later than July 1, 2001, the Directors 54,206
of Mental Health, Health, and Aging shall convene a group of key 54,207
relevant constituencies to evaluate the implementation of 54,208
sections 173.35, 340.03, 340.091, 3722.01, 3722.011, 3722.10, 54,209
3722.15, 3722.16, 3722.18, and 5119.61 of the Revised Code, as 54,210
amended or enacted by this act. The group shall report its 54,211
findings and recommendations to the directors and General 54,212
1190
Assembly not later than July 1, 2002. 54,213
Section 69. DMR DEPARTMENT OF MENTAL RETARDATION 54,215
AND DEVELOPMENTAL DISABILITIES 54,216
Section 69.01. General Administration and Statewide 54,218
Services 54,219
General Revenue Fund 54,221
GRF 320-321 Central 54,224
Administration $ 12,054,435 $ 11,889,457 54,226
GRF 320-411 Special Olympics $ 200,000 $ 200,000 54,230
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 54,234
GRF 320-415 Rent Payments-OPFC $ 30,000,000 $ 28,600,000 54,238
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 54,241
General Services Fund Group 54,244
4B5 320-640 Conference/Training $ 761,387 $ 780,768 54,249
TOTAL GSF General Services 54,250
Fund Group $ 761,387 $ 780,768 54,253
Federal Special Revenue Fund Group 54,256
3A4 320-605 Administrative 54,259
Support $ 5,795,804 $ 6,491,300 54,261
3A5 320-613 DD Council Operating 54,263
Expenses $ 992,486 $ 992,486 54,265
325 320-634 Protective Services $ 916,969 $ 916,969 54,269
TOTAL FED Federal Special Revenue 54,270
Fund Group $ 7,705,259 $ 8,400,755 54,273
TOTAL ALL GENERAL ADMINISTRATION 54,274
AND STATEWIDE SERVICES 54,275
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 54,278
Rental Payments to the Ohio Public Facilities Commission 54,282
The foregoing appropriation item 320-415, Rent Payments - 54,284
OPFC, shall be used to meet all payments at the times they are 54,286
required to be made during the period from July 1, 1999, to June 54,287
30, 2001, by the Department of Mental Retardation and 54,288
Developmental Disabilities to the Ohio Public Facilities 54,289
Commission pursuant to leases and agreements made under section 54,290
1191
154.20 of the Revised Code, but limited to the aggregate amount 54,291
of $58,600,000. Nothing in this act shall be deemed to 54,292
contravene the obligation of the state to pay, without necessity 54,293
for further appropriation, from the sources pledged thereto, the 54,294
bond service charges on obligations issued pursuant to section 54,295
154.20 of the Revised Code.
Section 69.02. Community Services 54,297
General Revenue Fund 54,299
GRF 322-405 State Use Program $ 268,364 $ 264,685 54,304
GRF 322-413 Residential and 54,306
Support Services $ 133,882,337 $ 137,095,513 54,308
GRF 322-451 Family Support 54,310
Services $ 7,705,342 $ 7,975,870 54,313
GRF 322-452 Case Management $ 6,235,022 $ 6,384,663 54,317
GRF 322-501 County Boards 54,319
Subsidies $ 45,720,356 $ 46,817,644 54,321
TOTAL GRF General Revenue Fund $ 193,811,421 $ 198,538,375 54,324
General Services Fund Group 54,327
4J6 322-645 Intersystem Services 54,330
for Children $ 3,798,005 $ 3,907,448 54,332
4U4 322-606 Community MR and DD 54,334
Trust $ 116,242 $ 119,201 54,336
4V1 322-611 Program Support $ 110,560 $ 113,374 54,339
4V1 322-615 Ohio's 54,341
Self-Determination
Project $ 131,666 $ 131,666 54,343
488 322-603 Residential Services 54,345
Refund $ 3,297,786 $ 3,650,224 54,347
TOTAL GSF General Services 54,348
Fund Group $ 7,454,259 $ 7,921,913 54,351
Federal Special Revenue Fund Group 54,354
3A4 322-605 Community Program 54,357
Support $ 2,569,284 $ 2,749,134 54,359
1192
3A4 322-610 Community Residential 54,361
Support $ 5,537,250 $ 5,924,858 54,363
3A5 322-613 DD Council Grants $ 3,358,290 $ 3,358,290 54,367
3G6 322-639 Medicaid Waiver $ 135,921,846 $ 136,602,770 54,371
3M7 322-650 CAFS Medicaid $ 141,058,250 $ 141,890,490 54,375
325 322-608 Federal Grants - 54,377
Operating Expenses $ 1,197,586 $ 1,225,523 54,379
325 322-612 Social Service Block 54,381
Grant $ 15,100,000 $ 15,100,000 54,383
325 322-614 Health and Human 54,385
Services $ 214,245 $ 214,245 54,387
325 322-617 Education Grants - 54,389
Operating $ 277,650 $ 277,650 54,391
TOTAL FED Federal Special Revenue 54,392
Fund Group $ 305,234,401 $ 307,342,960 54,395
State Special Revenue Fund Group 54,398
4K8 322-604 Waiver - Match $ 12,868,321 $ 12,532,806 54,403
5H0 322-619 Medicaid Repayment $ 534,560 $ 549,980 54,407
TOTAL SSR State Special Revenue 54,408
Fund Group $ 13,402,881 $ 13,082,786 54,411
TOTAL ALL COMMUNITY SERVICES 54,412
BUDGET FUND GROUPS $ 519,902,962 $ 526,886,034 54,415
Residential and Support Services 54,418
The foregoing appropriation item 322-413, Residential and 54,420
Support Services, shall be used for any of the following: 54,421
(A) Home and community-based waiver services pursuant to 54,423
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 54,424
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental 54,426
retardation and developmental disabilities; 54,427
(C) Supported living services contracted by county boards 54,429
of mental retardation and developmental disabilities in 54,430
accordance with sections 5126.40 to 5126.47 of the Revised Code; 54,431
(D) County board of mental retardation and developmental 54,433
1193
disabilities contracted purchase of service; 54,434
(E) Sermak Class Services used to implement the 54,436
requirements of the consent decree in the case of Sermak v. 54,437
Manuel, Case No. c-2-80-220, United States District Court for the 54,438
Southern District of Ohio, Eastern Division.
Notwithstanding Chapters 5123. and 5126. of the Revised 54,440
Code, the Department of Mental Retardation and Developmental 54,442
Disabilities may develop residential and support service programs 54,443
that enable persons with mental retardation and developmental 54,444
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 54,445
may waive the support collection requirements of those statutes 54,446
for persons in community programs developed by the department 54,447
under this section. The department shall adopt rules under 54,448
Chapter 119. of the Revised Code or may use existing rules for 54,449
the implementation of these programs.
Family Support Services 54,451
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 54,453
5126.11 of the Revised Code, the Department of Mental Retardation 54,454
and Developmental Disabilities may implement programs funded by 54,455
appropriation item 322-451, Family Support Services, to provide 54,456
assistance to persons with mental retardation or developmental 54,457
disabilities and their families who are living in the community. 54,459
The department shall adopt rules to implement these programs. 54,460
Case Management 54,462
The foregoing appropriation item 322-452, Case Management, 54,464
shall be allocated to county boards of mental retardation and 54,466
developmental disabilities for the purpose of providing case 54,467
management services and to assist in bringing state funding for 54,468
all department-approved case managers within county boards of 54,469
mental retardation and developmental disabilities to the level 54,470
authorized in division (D) of section 5126.15 of the Revised 54,471
Code. The department may request approval from the Controlling 54,472
Board to transfer any unobligated appropriation authority from 54,473
1194
other state General Revenue Fund appropriation items within the 54,474
department's budget to appropriation item 322-452, Case 54,475
Management, to be used to meet the statutory funding level in 54,476
division (D) of section 5126.15 of the Revised Code. 54,477
Notwithstanding division (D) of section 5126.15 of the 54,479
Revised Code and subject to funding in appropriation item 54,480
322-452, Case Management, no county may receive less than its 54,481
allocation in fiscal year 1995.
State Subsidies to MR/DD boards 54,483
Of the foregoing appropriation item 322-501, County Boards 54,485
Subsidies, $1,500,000 in each fiscal year shall be used to fund 54,486
the tax equity program in accordance with sections 5126.16, 54,487
5126.17, and 5126.18 of the Revised Code.
Of the foregoing appropriation item 322-501, County Boards 54,489
Subsidies, up to $550,000 in fiscal year 2000 may be used to 54,490
contract with The MR/DD Services Group, LLC for the technical 54,491
assistance to county boards of mental retardation and 54,492
developmental disabilities and other agencies under contract with 54,493
the county boards of mental retardation and developmental 54,494
disabilities for the implementation of Medicaid services. The 54,495
Department of Mental Retardation and Developmental Disabilities 54,496
shall monitor the contract and provide guidance and assistance, 54,497
as needed, to accomplish the functions associated with the 54,498
contract.
Of the foregoing appropriation item 322-501, County Boards 54,500
Subsidies, up to $550,000 in fiscal year 2001 may be used to 54,501
solicit requests for proposal for technical assistance to county 54,502
boards of mental retardation and developmental disabilities and 54,503
other agencies under contract with the county boards of mental 54,504
retardation and developmental disabilities for the implementation 54,505
of Medicaid services. The Department of Mental Retardation and 54,506
Developmental Disabilities shall monitor the contract and provide 54,507
guidance and assistance, as needed, to accomplish the functions 54,508
associated with the contract. 54,509
1195
Waiver - Match 54,511
The foregoing appropriation item 322-604, Waiver-Match 54,513
(Fund 4K8), shall be used as state matching funds for the home 54,514
and community-based waivers. 54,515
The Department of Human Services may enter into an 54,517
interagency agreement with the Department of Mental Retardation 54,518
and Developmental Disabilities providing for the Department of 54,519
Mental Retardation and Developmental Disabilities to operate the 54,520
program. 54,521
Developmental Center Program to Develop a Model Billing for 54,523
Services Rendered 54,524
Developmental centers of the Department of Mental 54,526
Retardation and Developmental Disabilities may provide services 54,527
to persons with mental retardation or developmental disabilities 54,528
living in the community or to providers of services to these 54,529
persons. The department may develop a methodology for recovery 54,530
of all costs associated with the provisions of these services. 54,531
Section 69.03. Residential Facilities 54,533
General Revenue Fund 54,535
GRF 323-321 Residential 54,538
Facilities Operations $ 104,027,497 $ 103,976,271 54,540
TOTAL GRF General Revenue Fund $ 104,027,497 $ 103,976,271 54,543
General Services Fund Group 54,546
152 323-609 Residential 54,549
Facilities Support $ 849,108 $ 870,772 54,551
TOTAL GSF General Services 54,552
Fund Group $ 849,108 $ 870,772 54,555
Federal Special Revenue Fund Group 54,558
3A4 323-605 Residential 54,561
Facilities
Reimbursement $ 125,178,287 $ 125,985,419 54,563
325 323-608 Federal Grants - 54,565
Subsidies $ 401,173 $ 429,255 54,567
1196
325 323-617 Education Grants - 54,569
Residential
Facilities $ 374,882 $ 374,882 54,571
TOTAL FED Federal Special Revenue 54,572
Fund Group $ 125,954,342 $ 126,789,556 54,575
State Special Revenue Fund Group 54,578
489 323-632 Operating Expense $ 10,297,985 $ 10,726,617 54,583
TOTAL SSR State Special Revenue 54,584
Fund Group $ 10,297,985 $ 10,726,617 54,587
TOTAL ALL RESIDENTIAL FACILITIES 54,588
BUDGET FUND GROUPS $ 241,128,932 $ 242,363,216 54,591
DEPARTMENT TOTAL GENERAL REVENUE 54,594
FUND $ 341,404,001 $ 344,546,207 54,596
DEPARTMENT TOTAL GENERAL SERVICES 54,597
FUND GROUP $ 9,064,754 $ 9,573,453 54,599
DEPARTMENT TOTAL FEDERAL SPECIAL 54,600
REVENUE FUND GROUP $ 438,894,002 $ 442,533,271 54,602
DEPARTMENT TOTAL STATE SPECIAL 54,603
REVENUE FUND GROUP $ 23,700,866 $ 23,809,403 54,605
TOTAL DEPARTMENT OF MENTAL 54,606
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 813,063,623 $ 820,462,334 54,609
Section 70. MIH COMMISSION ON MINORITY HEALTH 54,612
General Revenue Fund 54,614
GRF 149-321 Operating Expenses $ 572,555 $ 582,837 54,619
GRF 149-501 Minority Health 54,621
Grants $ 1,047,826 $ 1,072,973 54,623
GRF 149-502 Lupus Program $ 182,298 $ 186,673 54,627
TOTAL GRF General Revenue Fund $ 1,802,679 $ 1,842,483 54,630
State Special Revenue Fund Group 54,633
4C2 149-601 Minority Health 54,636
Conference $ 121,051 $ 124,231 54,638
TOTAL SSR State Special Revenue 54,639
Fund Group $ 121,051 $ 124,231 54,642
1197
TOTAL ALL BUDGET FUND GROUPS $ 1,923,730 $ 1,966,714 54,645
Lupus Program 54,648
The foregoing appropriation item 149-502, Lupus Program, 54,650
shall be used to provide grants for programs in patient, public, 54,651
and professional education on the subject of Systemic Lupus 54,652
Erythemtosus; to encourage and develop local centers on lupus 54,653
information gathering and screening; and to provide outreach to 54,654
minority women. 54,655
Section 71. CRB MOTOR VEHICLE COLLISION REPAIR 54,658
REGISTRATION BOARD 54,659
General Service Fund Group 54,661
5H9 865-609 Operating Expenses $ 228,638 $ 228,778 54,666
TOTAL GSF General Services 54,667
Fund Group $ 228,638 $ 228,778 54,670
TOTAL ALL BUDGET FUND GROUPS $ 228,638 $ 228,778 54,673
Section 72. DNR DEPARTMENT OF NATURAL RESOURCES 54,676
General Revenue Fund 54,678
GRF 725-401 Wildlife - GRF 54,681
Central Support $ 1,221,229 $ 1,268,315 54,683
GRF 725-404 Fountain Square 54,685
Rental Payments - OBA $ 1,087,000 $ 1,093,000 54,687
GRF 725-408 Reclamation and 54,689
Mining $ 2,406,020 $ 2,408,999 54,691
GRF 725-412 Reclamation 54,693
Commission $ 66,475 $ 68,165 54,695
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 54,699
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 54,703
GRF 725-423 Stream and Ground 54,705
Water Gauging $ 422,863 $ 459,387 54,707
GRF 725-425 Wildlife License 54,709
Reimbursement $ 1,000,000 $ 1,000,000 54,711
GRF 725-456 Canal Lands $ 414,783 $ 423,203 54,715
GRF 725-502 Soil and Water 54,717
Districts $ 11,414,494 $ 12,140,831 54,719
1198
GRF 725-507 Conservation Reserve 54,721
Enhancement Program $ 2,000,000 $ 2,000,000 54,723
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 54,727
GRF 728-321 Division of 54,729
Geological Survey $ 2,164,135 $ 2,270,778 54,731
GRF 729-321 Computer Information 54,733
Services &
Communications $ 1,172,567 $ 1,214,464 54,735
GRF 730-321 Division of Parks and 54,737
Recreation $ 35,255,224 $ 34,951,655 54,739
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 54,743
GRF 734-321 Division of Oil and 54,745
Gas $ 725,366 $ 1,614,957 54,747
GRF 736-321 Division of Chief 54,749
Engineer $ 4,371,204 $ 3,773,672 54,751
GRF 737-321 Division of Soil and 54,753
Water $ 4,092,866 $ 4,382,166 54,755
GRF 738-321 Office of Real Estate 54,757
and Land Management $ 3,099,898 $ 2,650,457 54,759
GRF 741-321 Division of Natural 54,761
Areas $ 3,415,305 $ 3,396,390 54,763
GRF 743-321 Division of Civilian 54,765
Conservation $ 5,100,636 $ 5,225,382 54,767
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 54,770
General Services Fund Group 54,773
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 54,778
157 725-651 Central Support 54,780
Indirect $ 7,302,432 $ 7,273,923 54,782
158 725-604 Natural Resources 54,784
Publication Center
Intrastate $ 79,170 $ 80,154 54,786
161 725-635 Parks Facilities 54,788
Maintenance $ 2,666,395 $ 2,737,935 54,790
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 54,794
1199
204 725-687 Information Services $ 2,217,392 $ 2,145,631 54,798
206 725-689 REALM Support 54,800
Services $ 447,811 $ 473,152 54,802
207 725-690 Real Estate $ 53,924 $ 55,320 54,806
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 54,810
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 54,814
4X8 725-662 Water Planning 54,816
Council $ 262,900 $ 269,700 54,818
430 725-671 Canal Lands $ 1,029,302 $ 998,044 54,822
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 54,826
508 725-684 Natural Resources 54,828
Publication Center
Interstate $ 393,166 $ 361,877 54,830
510 725-631 Maintenance - 54,832
state-owned
residences $ 230,669 $ 220,771 54,834
516 725-620 Water Management $ 2,407,372 $ 2,404,055 54,838
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 54,842
635 725-664 Fountain Square 54,844
Facilities Management $ 2,595,957 $ 2,699,355 54,846
697 725-670 Submerged Lands $ 547,762 $ 567,920 54,850
TOTAL GSF General Services 54,851
Fund Group $ 26,027,212 $ 26,460,401 54,854
Federal Special Revenue Fund Group 54,857
3B3 725-640 Federal Forest 54,860
Pass-Thru $ 55,000 $ 55,000 54,862
3B4 725-641 Federal Flood 54,864
Pass-Thru $ 185,000 $ 190,000 54,866
3B5 725-645 Federal Abandoned 54,868
Mine Lands $ 7,418,833 $ 7,630,403 54,870
3B6 725-653 Federal Land and 54,872
Water Conservation $ 130,000 $ 120,000 54,874
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 54,878
1200
3P0 725-630 Natural Areas and 54,880
Preserves-Federal $ 262,400 $ 185,000 54,882
3P1 725-632 Geological 54,884
Survey-Federal $ 350,000 $ 350,000 54,886
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 54,890
3P3 725-650 Real Estate and Land 54,892
Management-Federal $ 2,857,755 $ 3,185,120 54,894
3P4 725-660 Water-Federal $ 180,000 $ 180,000 54,898
3R5 725-673 Acid Mine Drainage 54,900
Abatement/Treatment $ 600,000 $ 600,000 54,902
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 54,906
332 725-669 Federal Mine Safety 54,908
Grant $ 133,095 $ 137,056 54,910
TOTAL FED Federal Special Revenue 54,911
Fund Group $ 15,628,229 $ 16,027,961 54,914
State Special Revenue Fund Group 54,917
4B8 725-617 Forestry Development $ 25,000 $ 25,000 54,922
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 54,926
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 54,930
4U6 725-668 Scenic Rivers 54,932
Protection $ 261,307 $ 268,431 54,934
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 54,938
509 725-602 State Forest $ 1,520,379 $ 1,440,326 54,942
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 54,946
512 725-605 State Parks 54,948
Operations $ 27,150,223 $ 27,048,732 54,950
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 54,954
518 725-643 Oil and Gas Permit 54,956
Fees $ 3,118,829 $ 2,378,496 54,958
518 725-677 Oil and Gas Well 54,960
Plugging $ 800,000 $ 800,000 54,962
521 725-627 Off-Road Vehicle 54,964
Trails $ 62,036 $ 63,790 54,966
1201
522 725-656 Natural Areas 54,968
Checkoff Funds $ 745,301 $ 766,169 54,970
525 725-608 Reclamation 54,972
Forfeiture $ 597,082 $ 597,664 54,974
526 725-610 Strip Mining 54,976
Administration Fees $ 1,956,599 $ 2,006,000 54,978
527 725-637 Surface Mining 54,980
Administration $ 1,964,078 $ 2,016,050 54,982
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 54,986
530 725-647 Surface Mining 54,988
Reclamation $ 76,725 $ 78,951 54,990
531 725-648 Reclamation 54,992
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 54,994
532 725-644 Litter Control and 54,996
Recycling $ 10,965,210 $ 11,264,587 54,998
615 725-661 Dam Safety $ 136,633 $ 139,237 55,002
TOTAL SSR State Special Revenue 55,003
Fund Group $ 53,953,325 $ 53,329,615 55,006
Wildlife Fund Group 55,009
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 55,014
015 740-321 Division of Wildlife 55,016
Conservation $ 40,345,888 $ 41,400,117 55,018
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 55,022
815 725-636 Cooperative 55,024
Management Projects $ 148,850 $ 153,166 55,026
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 55,030
817 725-655 Wildlife Conservation 55,032
Checkoff Fund $ 1,301,143 $ 1,327,577 55,034
818 725-629 Cooperative Fisheries 55,036
Research $ 918,004 $ 943,708 55,038
819 725-685 Ohio River Management $ 119,302 $ 122,748 55,042
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 55,045
Waterways Safety Fund Group 55,048
1202
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 55,053
086 725-416 Natural Areas Marine 55,055
Patrol $ 25,000 $ 25,000 55,057
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 55,061
086 725-418 Buoy Placement $ 39,298 $ 40,267 55,065
086 725-501 Waterway Safety 55,067
Grants $ 128,024 $ 131,609 55,069
086 725-506 Watercraft Marine 55,071
Patrol $ 359,800 $ 369,875 55,073
086 725-513 Watercraft 55,075
Educational Grants $ 128,500 $ 132,098 55,077
086 739-321 Division of 55,079
Watercraft $ 14,865,111 $ 15,142,223 55,081
880 725-614 Cooperative Boat 55,083
Harbor Projects $ 108,637 $ 111,679 55,085
TOTAL WSF Waterways Safety Fund 55,086
Group $ 18,770,772 $ 19,068,786 55,089
Holding Account Redistribution Fund Group 55,092
R17 725-659 Performance Cash Bond 55,095
Refunds $ 265,000 $ 265,500 55,097
R29 725-607 Reclamation Fee 55,099
Refund $ 350,000 $ 350,000 55,101
R30 725-638 Surface Mining 55,103
Reclamation Fees $ 12,000 $ 12,000 55,105
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 55,109
TOTAL 090 Holding Account 55,110
Redistribution Fund Group $ 2,377,000 $ 2,377,500 55,113
Accrued Leave Liability Fund Group 55,116
4M8 725-675 FOP Contract $ 17,551 $ 17,990 55,121
TOTAL ALF Accrued Leave 55,122
Liability Fund Group $ 17,551 $ 17,990 55,125
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437 55,128
Section 72.01. Rental Payments to the Ohio Public 55,131
Facilities Commission 55,132
1203
The foregoing appropriation item 725-413, OPFC Rental 55,134
Payments, shall be used to meet all payments at the times they 55,136
are required to be made during the period from July 1, 1999, to 55,137
June 30, 2001, by the Department of Natural Resources to the Ohio 55,138
Public Facilities Commission pursuant to leases and agreements 55,139
made under section 154.22 of the Revised Code, but limited to the 55,140
aggregate amount of $28,410,000. Nothing in this act shall be 55,141
deemed to contravene the obligation of the state to pay, without 55,142
necessity for further appropriation, from the sources pledged 55,143
thereto, the bond service charges on obligations issued pursuant 55,144
to section 154.22 of the Revised Code. 55,145
Fountain Square 55,147
The foregoing appropriation item 725-404, Fountain Square 55,149
Rental Payments - OBA, shall be used by the Department of Natural 55,151
Resources to meet all payments required to be made to the Ohio 55,152
Building Authority during the period from July 1, 1999, to June 55,153
30, 2001, pursuant to leases and agreements with the Ohio 55,154
Building Authority under section 152.241 of the Revised Code, but 55,155
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 55,157
transfer vouchers, shall make payments to the General Revenue 55,159
Fund from funds other than the General Revenue Fund to reimburse 55,160
the General Revenue Fund for their share of the lease rental 55,161
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the 55,162
payment from the Ohio Building Authority for the actual amounts 55,163
necessary to fulfill the leases and agreements pursuant to 55,164
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 55,166
Facilities Management (Fund 635), shall be used for payment of 55,168
repairs, renovation, utilities, property management, and building 55,169
maintenance expenses for the Fountain Square Complex. Cash 55,170
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 55,171
1204
Natural Resources shall be deposited to the Fountain Square 55,172
Facilities Management Fund (Fund 635). 55,173
Section 72.02. Central Support Indirect Chargeback 55,175
With the exception of the Division of Wildlife, whose 55,177
indirect central support charges shall be paid by the General 55,178
Revenue Fund from the foregoing appropriation item 725-401, 55,179
Wildlife - GRF Central Support, the Department of Natural 55,180
Resources, with the approval of the Director of Budget and 55,181
Management, shall utilize a methodology for determining each 55,182
division's payments into the Central Support Indirect Chargeback 55,183
Fund (Fund 157). The methodology used shall contain the 55,184
characteristics of administrative ease and uniform application. 55,185
Payments to the Central Support Indirect Chargeback Fund shall be 55,186
made using an intrastate transfer voucher. 55,187
Wildlife License Reimbursement 55,189
Notwithstanding the limits of the transfer from the General 55,191
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 55,192
of the Revised Code, up to the amount available in appropriation 55,193
item 725-425, Wildlife License Reimbursement, may be transferred 55,194
from the General Revenue Fund to the Wildlife Fund (Fund 015). 55,195
Pursuant to the certification of the Director of Budget and 55,196
Management of the amount of foregone revenue in accordance with 55,197
section 1533.15 of the Revised Code, the foregoing appropriation 55,198
item in the General Revenue Fund, appropriation item 725-425, 55,199
Wildlife License Reimbursement, shall be used to reimburse the 55,200
Wildlife Fund (Fund 015) for the cost of hunting and fishing 55,201
licenses and permits issued after June 30, 1990, to individuals 55,202
who are exempted under the Revised Code from license, permit, and 55,203
stamp fees.
Soil and Water Districts 55,205
In addition to state payments to soil and water 55,207
conservation districts authorized by section 1515.10 of the 55,208
Revised Code, the Department of Natural Resources may pay to any 55,209
soil and water conservation district, from authority in 55,210
1205
appropriation item 725-502, Soil and Water Districts, an annual 55,211
amount not to exceed $30,000, upon receipt of a request and 55,212
justification from the district and approval by the Ohio Soil and 55,213
Water Conservation Commission. The county auditor shall credit 55,214
such payments to the special fund established pursuant to section 55,215
1515.10 of the Revised Code for the local soil and water 55,216
conservation district. Moneys received by each district shall be 55,217
expended for the purposes of the district. 55,218
Of the foregoing appropriation item 725-502, Soil and Water 55,220
Districts, $150,000 in each fiscal year shall be distributed to 55,221
the Muskingum Watershed Conservancy District. 55,222
Of the foregoing appropriation item 725-502, Soil and Water 55,224
Districts, $170,000 in each fiscal year shall be distributed to 55,225
the Indian Lake Watershed.
No funds shall be used to pay for cost sharing under 55,228
section 1511.02 of the Revised Code if the Chief of Soil and 55,229
Water Conservation issues an order finding a person has caused 55,230
agricultural pollution by failure to comply with the standards 55,231
established under that section.
Soil and Water Districts 55,233
Of the foregoing appropriation item 725-502, Soil and Water 55,235
Districts, up to $8,043,891 in fiscal year 2000 and up to 55,236
$8,687,402 in fiscal year 2001 shall be distributed to soil and 55,237
water conservation districts for matching funds pursuant to 55,238
section 1515.14 of the Revised Code.
Of the foregoing appropriation item 725-502, Soil and Water 55,240
Districts, $250,000 in each fiscal year shall be distributed to 55,241
the Resource Conservation and Development Councils. 55,242
Of the foregoing appropriation item 725-502, Soil and Water 55,244
Districts, $63,940 in fiscal year 2000 and fiscal year 2001 shall 55,245
be used for the Conservation Action Project to improve water 55,246
quality in Defiance, Fulton, Henry, Lucas, Paulding, Williams, 55,247
and Wood counties.
Of the foregoing appropriation item 725-502, Soil and Water 55,249
1206
Districts, $150,000 in each fiscal year shall be used for the 55,250
Loramie Valley Alliance Flood Program. 55,251
Of the foregoing appropriation item 725-502, Soil and Water 55,253
Districts, $50,000 in each fiscal year shall be distributed to 55,254
the Ottawa River Coalition. 55,255
Of the foregoing appropriation item 725-502, Soil and Water 55,257
Districts, $100,000 in fiscal year 2000 shall be expended for the 55,258
Millcreek Valley Mitigation Project. 55,259
Of the foregoing appropriation item 725-502, Soil and Water 55,261
Districts, $1,000,000 in fiscal year 2000 shall be expended for 55,262
the Defiance-Williams Mitigation Project. 55,263
Of the foregoing appropriation item 725-502, Soil and Water 55,265
Districts, $50,000 in each fiscal year shall be expended for the 55,266
Livestock Environmental Assurance Program. 55,267
Division of Soil and Water 55,269
Of the foregoing appropriation item 737-321, Division of 55,271
Soil and Water, $220,000 in each fiscal year shall be distributed 55,272
to the Water Quality Laboratory located at Heidelberg College. 55,274
Portage Lakes 55,276
Of the foregoing appropriation item 730-321, Division of 55,278
Parks and Recreation, $250,000 in fiscal year 2000 shall be 55,279
expended for the purchase of the Knapp-McDowell property for the 55,280
creation of the Portage Lakes Land Park.
Canal Lands 55,282
The foregoing appropriation item 725-456, Canal Lands, 55,284
shall be used to transfer funds to the Canal Lands Fund (Fund 55,285
430) to provide operating expenses for the State Canal Lands 55,286
Program. The transfer shall be made using an intrastate transfer 55,287
voucher and shall be subject to the approval of the Director of 55,288
Budget and Management. 55,289
Office of Real Estate and Land Management 55,291
Of the foregoing appropriation item 738-321, Office of Real 55,293
Estate and Land Management, $100,000 in fiscal year 2000 shall be 55,295
used for dredging the Chagrin River, and $100,000 in fiscal year 55,296
1207
2001 shall be used for dredging the Grand River.
Watercraft Marine Patrol 55,298
Of the foregoing appropriation item 739-321, Division of 55,300
Watercraft, $50,000 in each fiscal year shall be expended for the 55,301
purchase of equipment for marine patrols qualifying for funding 55,302
from the Department of Natural Resources pursuant to section 55,303
1547.67 of the Revised Code. Proposals for equipment shall 55,304
accompany the submission of documentation for receipt of a marine 55,305
patrol subsidy pursuant to section 1547.67 of the Revised Code 55,306
and shall be loaned to eligible marine patrols pursuant to a 55,307
cooperative agreement between the Department of Natural Resources 55,308
and the eligible marine patrol. 55,309
Water Resources Council 55,311
There is hereby created a Water Resources Council, 55,313
consisting of the Directors, or the designees of the Directors, 55,314
of Agriculture, Development, Environmental Protection, Health, 55,315
Natural Resources, Transportation, the State and Local Government 55,316
Commission, Public Utilities Commission, Ohio Public Works 55,317
Commission, and Ohio Water Development Authority. The Director 55,318
of Natural Resources shall chair the council. The chair of the 55,319
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 55,321
shall coordinate water policy development and planning activities 55,322
of state agencies and consider and make recommendations regarding 55,323
water policy development, planning coordination, and funding 55,325
issues.
Operating expenses of the council shall be paid from the 55,327
Water Resources Council Fund (Fund 4X8), which is hereby created. 55,328
The council may hire an executive director and staff to support 55,330
its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and 55,331
private interests to assist in meeting its objectives. The 55,332
Department of Natural Resources shall serve as fiscal agent of 55,334
the fund. The Departments of Agriculture, Development, 55,335
1208
Environmental Protection, Health, Natural Resources, and
Transportation shall contribute equally, via interstate transfer 55,336
voucher, to the fund. The State and Local Government Commission, 55,337
Public Utilities Commission, Ohio Public Works Commission, and 55,338
Ohio Water Development Authority may also voluntarily pay into 55,339
the Water Resources Council Fund for the operating expenses of 55,340
the council. If voluntary payment is made into the fund the 55,341
portion for the Departments of Agriculture, Development,
Environmental Protection, Health, Natural Resources, and 55,342
Transportation shall be equally reduced. 55,343
Cash Transfer 55,345
Not later than August 1, 1999, the Director of Budget and 55,347
Management shall transfer cash in an amount not to exceed $8,266 55,348
from the Departmental Projects Fund (Fund 155) to the Oil and Gas 55,349
Well Fund (Fund 518).
Not later than August 1, 1999, the Director of Budget and 55,351
Management shall transfer cash in an amount not to exceed 55,352
$150,000 from the Mining Regulation Fund (Fund 5B3) to the Oil 55,353
and Gas Well Fund (Fund 518).
Fund Consolidation 55,355
On July 15, 1999, or as soon thereafter as possible, the 55,357
Director of Budget and Management shall transfer the cash 55,358
balances of the Departmental Services - Interstate Fund (Fund 55,359
507) as of June 30, 1999, and any amounts that accrue to that 55,360
fund after that date, to the Departmental Projects Fund (Fund
155). The Director shall cancel any remaining outstanding 55,361
encumbrances against appropriation item 725-681, Departmental 55,362
Services - Interstate, and reestablish them against appropriation 55,363
item 725-601, Departmental Projects. The amounts of any 55,364
encumbrances canceled and reestablished are hereby appropriated. 55,365
On July 15, 1999, or as soon thereafter as possible, the 55,367
Director of Budget and Management shall transfer the cash 55,368
balances of the Oil and Gas Well Plugging Fund (Fund 517) as of 55,369
June 30, 1999, and any amounts that accrue to that fund after 55,370
1209
that date, to the Oil and Gas Well Fund (Fund 518). The director 55,371
shall cancel any remaining outstanding encumbrances against
appropriation item 725-615, Oil and Gas Well Plugging, and 55,372
reestablish them against appropriation item 725-643, Oil and Gas 55,373
Permit Fees. The amounts of any encumbrances canceled and 55,374
reestablished are hereby appropriated.
Oil and Gas Well Plugging 55,376
The foregoing appropriation item 725-677, Oil and Gas Well 55,378
Plugging, shall be used exclusively for the purposes of plugging 55,379
wells and to properly restore the land surface of idle and orphan 55,380
oil and gas wells pursuant to section 1509.071 of the Revised 55,381
Code. No funds from the appropriation item shall be used for 55,382
salaries, maintenance, equipment, or other administrative 55,383
purposes, except for those costs directly attributed to the 55,384
plugging of an idle or orphan well. Appropriation authority from 55,385
this line item shall not be transferred to any other fund or line 55,386
item.
Burr Oak Water Plant Transfer 55,388
For the purposes of this section, "Burr Oak water system" 55,390
includes, but is not limited to, the Burr Oak water treatment 55,391
plant and its appurtenances.
Upon creation of a regional water district in accordance 55,393
with Chapter 6119. of the Revised Code, the Department of Natural 55,394
Resources shall transfer ownership of the Burr Oak water system 55,395
to the regional water district which shall serve portions of 55,396
Athens, Morgan, Hocking, and Perry counties, or surrounding 55,397
areas. The transfer of the Burr Oak water system shall occur
upon the execution of a transfer agreement between the Department 55,398
of Natural Resources and the regional water district setting 55,399
forth the provisions of the transfer. 55,400
Not more than thirty days prior to the execution of the 55,402
transfer agreement, the Director of Natural Resources shall 55,403
certify the amount of debt outstanding for the Burr Oak water 55,404
system and request the release of moneys up to $685,000 from 55,405
1210
appropriation item 736-321, Division of Chief Engineer, to make
payment on the outstanding debt. Not more than fifteen days 55,406
after the execution of the transfer agreement, all unencumbered 55,407
moneys in the Burr Oak Water Plant Fund (Fund 519), Burr Oak 55,408
Water Plant, shall be distributed to the regional water district. 55,409
Division of Parks and Recreation 55,411
Of the foregoing appropriation item 730-321, Division of 55,413
Parks and Recreation, $150,000 in fiscal year 2000 shall be 55,414
expended for the American Disability Act improvements to the 55,415
Greenbrier Commons Park in Parma Heights. 55,416
Noah Dam Project 55,418
Of the foregoing appropriation item 738-321, Office of Real 55,420
Estate and Land Management, $506,105 in fiscal year 2000 shall be 55,422
distributed to the Akron YMCA Camp Y for the Noah Dam Project. 55,423
Section 73. NUR STATE BOARD OF NURSING 55,425
General Services Fund Group 55,427
4K9 884-609 Operating Expenses $ 4,080,547 $ 4,206,614 55,432
TOTAL GSF General Services 55,433
Fund Group $ 4,080,547 $ 4,206,614 55,436
TOTAL ALL BUDGET FUND GROUPS $ 4,080,547 $ 4,206,614 55,440
Section 74. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 55,443
AND ATHLETIC TRAINERS BOARD 55,444
General Services Fund Group 55,446
4K9 890-609 Operating Expenses $ 794,492 $ 632,645 55,451
TOTAL GSF General Services 55,452
Fund Group $ 794,492 $ 632,645 55,455
TOTAL ALL BUDGET FUND GROUPS $ 794,492 $ 632,645 55,458
Operating Expenses 55,461
Of the foregoing appropriation item 890-609, Operating 55,463
Expenses, $150,000 in fiscal year 2000 shall be used by the 55,464
physical therapy and occupational therapy sections of the Ohio 55,465
Occupational Therapy, Physical Therapy, and Athletic Trainers 55,466
Board to commission a study to measure clinical outcomes for 55,467
physical therapy and occupational therapy. The physical therapy 55,469
1211
and occupational therapy sections for the board shall report the 55,470
findings of the study to the Speaker and Minority Leader of the 55,471
House of Representatives, the President and Minority Leader of 55,472
the Senate, and the Governor no later than two years after the 55,473
effective date of this section. 55,474
Education Conference 55,476
The Occupational Therapy, Physical Therapy, and Athletic 55,478
Trainers Board shall plan a conference to discuss career options 55,479
for recent college graduates and new licensees. Members of the 55,480
conference shall be the directors, or their designees, of the 55,481
Occupational Therapy, Physical Therapy, and Athletic Trainers 55,482
Board, Board of Regents, Proprietary Schools and Community
Schools or their designees. The conference shall provide 55,483
recommendations to the Board of Regents. 55,484
Section 75. OLA OHIOANA LIBRARY ASSOCIATION 55,486
General Revenue Fund 55,488
GRF 355-501 Library Subsidy $ 443,750 $ 280,461 55,493
TOTAL GRF General Revenue Fund $ 443,750 $ 280,461 55,496
TOTAL ALL BUDGET FUND GROUPS $ 443,750 $ 280,461 55,499
Library Subsidy 55,502
Of the foregoing appropriation item 355-501, Library 55,504
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 55,505
relocation of the Ohioana Library from the State Departments 55,506
Building.
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD 55,508
General Services Fund Group 55,510
4K9 894-609 Operating Expenses $ 262,402 $ 260,182 55,515
TOTAL GSF General Services 55,516
Fund Group $ 262,402 $ 260,182 55,519
TOTAL ALL BUDGET FUND GROUPS $ 262,402 $ 260,182 55,522
Section 77. OPT STATE BOARD OF OPTOMETRY 55,525
General Services Fund Group 55,527
4K9 885-609 Operating Expenses $ 267,672 $ 266,294 55,532
TOTAL GSF General Services 55,533
1212
Fund Group $ 267,672 $ 266,294 55,536
TOTAL ALL BUDGET FUND GROUPS $ 267,672 $ 266,294 55,540
Section 78. PBR STATE PERSONNEL BOARD OF REVIEW 55,543
General Revenue Fund 55,545
GRF 124-321 Operating $ 1,219,720 $ 1,077,232 55,550
TOTAL GRF General Revenue Fund $ 1,219,720 $ 1,077,232 55,553
General Services Fund Group 55,556
636 124-601 Transcript and Other $ 37,838 $ 38,746 55,561
TOTAL GSF General Services 55,562
Fund Group $ 37,838 $ 38,746 55,565
TOTAL ALL BUDGET FUND GROUPS $ 1,257,558 $ 1,115,978 55,568
Transcript and Other 55,571
The foregoing appropriation item 124-601, Transcript and 55,573
Other, may be used to produce and distribute transcripts and 55,574
other documents. Revenues generated by charges for transcripts 55,575
and other documents shall be deposited in the Transcripts and 55,576
Other Fund (Fund 636). 55,577
Section 79. PRX STATE BOARD OF PHARMACY 55,579
General Services Fund Group 55,581
4A5 887-605 Drug Law Enforcement $ 65,000 $ 70,000 55,586
4K9 887-609 Operating Expenses $ 3,841,199 $ 3,829,277 55,590
TOTAL GSF General Services 55,591
Fund Group $ 3,906,199 $ 3,899,277 55,594
TOTAL ALL BUDGET FUND GROUPS $ 3,906,199 $ 3,899,277 55,597
Section 80. PSY STATE BOARD OF PSYCHOLOGY 55,600
General Services Fund Group 55,602
4K9 882-609 Operating Expenses $ 456,543 $ 443,625 55,607
TOTAL GSF General Services 55,608
Fund Group $ 456,543 $ 443,625 55,611
TOTAL ALL BUDGET FUND GROUPS $ 456,543 $ 443,625 55,614
Section 81. PUB OHIO PUBLIC DEFENDER COMMISSION 55,617
General Revenue Fund 55,619
GRF 019-321 Public Defender 55,622
Administration $ 1,773,081 $ 1,808,544 55,624
1213
GRF 019-401 State Legal Defense 55,626
Services $ 6,810,632 $ 6,993,291 55,628
GRF 019-403 Multi-County: State 55,630
Share $ 1,108,780 $ 1,280,291 55,632
GRF 019-404 Trumbull County-State 55,634
Share $ 415,691 $ 429,680 55,636
GRF 019-405 Training Account $ 48,500 $ 48,500 55,641
GRF 019-501 County Reimbursement 55,643
- Non-Capital Cases $ 31,495,223 $ 34,600,011 55,645
GRF 019-503 County Reimbursements 55,647
- Capital Cases $ 1,151,476 $ 1,257,059 55,649
TOTAL GRF General Revenue Fund $ 42,803,383 $ 46,417,376 55,652
General Services Fund Group 55,655
101 019-602 Inmate Legal 55,658
Assistance $ 57,983 $ 56,422 55,660
101 019-607 Juvenile Legal 55,662
Assistance $ 456,055 $ 503,615 55,664
406 019-603 Training and 55,666
Publications $ 16,000 $ 16,000 55,668
407 019-604 County Representation $ 466,799 $ 456,959 55,672
408 019-605 Client Payments $ 127,985 $ 131,453 55,676
TOTAL GSF General Services 55,677
Fund Group $ 1,124,822 $ 1,164,449 55,680
Federal Special Revenue Fund Group 55,683
3S8 019-608 Federal 55,686
Representation $ 190,000 $ 190,000 55,688
TOTAL FED Federal Special Revenue 55,689
Fund Group $ 190,000 $ 190,000 55,692
State Special Revenue Fund Group 55,695
4C7 019-601 Multi-County: County 55,698
Share $ 1,556,829 $ 1,614,051 55,700
4X7 019-610 Trumbull 55,702
County-County Share $ 552,627 $ 579,645 55,704
1214
574 019-606 Legal Services 55,706
Corporation $ 16,350,000 $ 16,850,000 55,708
TOTAL SSR State Special Revenue 55,709
Fund Group $ 18,459,456 $ 19,043,696 55,712
TOTAL ALL BUDGET FUND GROUPS $ 62,577,661 $ 66,815,521 55,715
Indigent Defense Office 55,718
The foregoing appropriation items 019-404, Trumbull County 55,720
- State Share, and 019-610, Trumbull County - County Share, shall 55,721
be used to support an indigent defense office for Trumbull 55,722
County.
Training Account 55,724
The foregoing appropriation item 019-405, Training Account, 55,726
shall be used by the Ohio Public Defender to provide legal 55,727
training programs at no cost for private appointed counsel who 55,728
represent at least one indigent defendant at no cost, and for 55,729
state and county public defenders and attorneys who contract with 55,730
the Ohio Public Defender to provide indigent defense services. 55,731
Federal Representation 55,733
The foregoing appropriation item 019-608, Federal 55,735
Representation, shall be used to receive reimbursements from the 55,736
federal courts when the Ohio Public Defender provides 55,738
representation on federal court cases.
Section 82. DHS DEPARTMENT OF PUBLIC SAFETY 55,740
General Revenue Fund 55,742
GRF 763-403 Operating Expenses - 55,745
EMA $ 4,090,853 $ 3,574,514 55,747
GRF 763-409 MARCS Operations and 55,749
Maintenance $ 740,284 $ 735,997 55,751
GRF 763-507 Individual and Family 55,753
Grants $ 100,000 $ 105,000 55,755
GRF 764-404 Transportation 55,757
Enforcement
Operations $ 2,156,879 $ 2,157,207 55,759
1215
GRF 769-321 Food Stamp 55,761
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 55,763
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 55,766
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 55,771
American Red Cross Disaster Preparedness and Training 55,774
Of the foregoing appropriation item 763-403, Operating 55,776
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 55,777
distributed to the American Red Cross in Ohio for disaster 55,778
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 55,780
agreement between the State of Ohio Chapters of the American Red 55,781
Cross to specify the terms by which these funds shall be 55,782
requested, distributed, and accounted for to enhance the disaster 55,783
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 55,784
Management Agency shall require of the American Red Cross a plan 55,785
that facilitates implementation of the current Statement of 55,786
Understanding between the State of Ohio and the American Red 55,787
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 55,788
Ohio Task Force One - Urban Search and Rescue Unit 55,790
Of the foregoing appropriation item 763-403, Operating 55,792
Expenses - EMA, $200,000 in each fiscal year shall be used to 55,793
fund the Ohio Task Force One - Urban Search and Rescue Unit. 55,794
MARCS Operations and Maintenance Transfers 55,796
Upon the request of the Director of Public Safety, the 55,798
Director of Budget and Management shall transfer up to $304,284 55,799
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 55,800
2001 by intrastate transfer voucher from appropriation item 55,801
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 55,802
Maintenance Fund.
Upon the request of the Director of Public Safety, the 55,804
1216
Director of Budget and Management shall transfer up to $436,000 55,805
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 55,806
2001 by intrastate transfer voucher from appropriation item 55,807
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 55,808
Operations Fund.
IFG State Match 55,810
The foregoing appropriation item 763-507, Individual and 55,812
Family Grants, shall be used to fund the state share of costs to 55,813
provide grants to individuals and families in cases of disaster. 55,814
Section 83. PUC PUBLIC UTILITIES COMMISSION OF OHIO 55,816
General Services Fund Group 55,818
5F6 870-622 Utility and Railroad 55,821
Regulation $ 25,207,000 $ 25,295,000 55,823
5F6 870-624 NARUC/NRRI Subsidy $ 167,233 $ 167,233 55,827
5F6 870-625 Motor Transportation 55,829
Regulation $ 4,239,287 $ 4,237,947 55,831
558 870-602 Salvage and Exchange $ 31,031 $ 31,775 55,835
TOTAL GSF General Services 55,836
Fund Group $ 29,644,551 $ 29,731,955 55,839
Federal Special Revenue Fund Group 55,842
333 870-601 Gas Pipeline Safety $ 441,208 $ 454,898 55,847
350 870-608 Motor Carrier Safety $ 4,028,483 $ 4,089,335 55,851
TOTAL FED Federal Special Revenue 55,852
Fund Group $ 4,469,691 $ 4,544,233 55,855
State Special Revenue Fund Group 55,858
4A3 870-614 Grade Crossing 55,861
Protection
Devices-State $ 1,242,480 $ 1,275,759 55,863
4L8 870-617 Pipeline Safety-State $ 164,789 $ 164,085 55,868
4S6 870-618 Hazardous Material 55,871
Registration $ 621,388 $ 626,809 55,873
4S6 870-621 Hazardous Materials 55,876
Base State
Registration $ 348,046 $ 356,399 55,878
1217
4U8 870-620 Civil Forfeitures $ 250,009 $ 249,451 55,883
559 870-605 Public Utilities 55,885
Territorial
Administration $ 4,688 $ 4,801 55,887
560 870-607 Special Assessment $ 100,000 $ 100,000 55,891
561 870-606 Power Siting Board $ 300,000 $ 297,893 55,895
638 870-611 Biofuels/Municipal 55,897
Waste Technology $ 69,196 $ 69,908 55,899
661 870-612 Hazardous Materials 55,901
Transportation $ 800,000 $ 800,000 55,903
TOTAL SSR State Special Revenue 55,904
Fund Group $ 3,900,596 $ 3,945,105 55,907
Agency Fund Group 55,910
4G4 870-616 Base State 55,913
Registration Program $ 7,000,000 $ 7,000,000 55,915
TOTAL AGY Agency Fund Group $ 7,000,000 $ 7,000,000 55,918
TOTAL ALL BUDGET FUND GROUPS $ 45,014,838 $ 45,221,293 55,923
Elimination of Utility Forecasting Fund 55,926
On July 1, 1999, or as soon thereafter as possible, the 55,928
Director of Budget and Management shall transfer the cash balance 55,929
in the Utility Forecasting Fund (Fund 587) to the Public 55,930
Utilities Fund (Fund 5F6). The director shall cancel any 55,931
existing encumbrances against appropriation item 870-609, Utility
Forecasting (Fund 587), and reestablish them against 55,932
appropriation item 870-622, Utility and Railroad Regulation (Fund 55,933
5F6).
Grade Crossing Protection Program 55,935
In appropriation item 870-614, Grade Crossing Protection 55,937
Devices - State, as determined by the Director of Budget and 55,938
Management, the amounts necessary to reestablish prior-year 55,939
encumbrances are hereby appropriated. 55,940
Section 84. RAC STATE RACING COMMISSION 55,942
State Special Revenue Fund Group 55,944
1218
5C4 875-607 Simulcast Horse 55,947
Racing Purse $ 13,664,161 $ 13,989,559 55,949
562 875-601 Thoroughbred Race 55,951
Fund $ 4,327,786 $ 4,431,653 55,953
563 875-602 Standardbred 55,955
Development Fund $ 1,816,934 $ 1,858,533 55,957
564 875-603 Quarterhorse 55,959
Development Fund $ 8,000 $ 8,000 55,961
565 875-604 Racing Commission 55,963
Operating $ 3,975,039 $ 4,012,502 55,965
TOTAL SSR State Special Revenue 55,966
Fund Group $ 23,791,920 $ 24,300,247 55,969
Holding Account Redistribution Fund Group 55,972
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 55,977
TOTAL 090 Holding Account 55,978
Redistribution
Fund Group $ 212,900 $ 212,900 55,981
TOTAL ALL BUDGET FUND GROUPS $ 24,004,820 $ 24,513,147 55,984
Section 85. DRC DEPARTMENT OF REHABILITATION AND 55,987
CORRECTION 55,988
General Revenue Fund 55,990
GRF 501-321 Institutional 55,992
Operations $ 751,512,763 $ 790,304,677 55,994
GRF 501-403 Prisoner Compensation $ 9,257,805 $ 9,654,376 55,998
GRF 501-405 Halfway House $ 31,948,765 $ 34,277,931 56,002
GRF 501-406 Lease Rental Payments $ 120,900,000 $ 129,500,000 56,006
GRF 501-407 Community 56,008
Nonresidential
Programs $ 15,986,812 $ 16,466,767 56,010
GRF 501-408 Community Misdemeanor 56,012
Programs $ 8,431,580 $ 8,676,220 56,014
GRF 501-501 Community Residential 56,016
Programs-CBCF $ 47,821,732 $ 52,895,295 56,019
1219
GRF 502-321 Mental Health 56,021
Services $ 73,829,408 $ 75,809,266 56,023
GRF 503-321 Parole and Community 56,025
Operations $ 73,414,938 $ 73,040,275 56,027
GRF 504-321 Administrative 56,029
Operations $ 27,787,499 $ 28,016,367 56,031
GRF 505-321 Institution Medical 56,033
Services $ 122,883,126 $ 126,283,661 56,035
GRF 506-321 Institution Education 56,037
Services $ 22,753,530 $ 23,455,913 56,039
GRF 507-321 Institution Recovery 56,041
Services $ 6,337,366 $ 6,393,616 56,043
TOTAL GRF General Revenue Fund $1,312,865,324 $1,374,774,364 56,046
General Services Fund Group 56,048
4B0 501-601 Penitentiary Sewer 56,051
Treatment Facility
Services $ 1,414,841 $ 1,438,983 56,053
4D4 501-603 Prisoner Programs $ 19,401,160 $ 19,726,098 56,057
4L4 501-604 Transitional Control $ 374,648 $ 384,745 56,061
4S5 501-608 Education Services $ 3,957,494 $ 4,023,449 56,065
483 501-605 Property Receipts $ 346,822 $ 346,821 56,069
5H8 501-617 Offender Financial 56,071
Responsibility $ 406,627 $ 426,959 56,073
571 501-606 Training Academy 56,075
Receipts $ 69,903 $ 71,567 56,077
593 501-618 Laboratory Services $ 4,450,486 $ 4,673,010 56,081
TOTAL GSF General Services 56,082
Fund Group $ 30,421,981 $ 31,091,632 56,085
Federal Special Revenue Fund Group 56,087
3S1 501-615 Truth-In-Sentencing 56,090
Grants $ 15,000,000 $ 15,000,000 56,092
323 501-619 Federal Grants $ 11,190,999 $ 9,548,001 56,096
TOTAL FED Federal Special Revenue 56,097
Fund Group $ 26,190,999 $ 24,548,001 56,100
1220
Intragovernmental Service Fund Group 56,103
148 501-602 Services and 56,106
Agricultural $ 95,133,830 $ 100,126,370 56,108
200 501-607 Ohio Penal Industries $ 46,292,000 $ 47,679,999 56,112
TOTAL ISF Intragovernmental 56,113
Service Fund Group $ 141,425,830 $ 147,806,369 56,116
TOTAL ALL BUDGET FUND GROUPS $1,510,904,134 $1,578,220,366 56,119
Halfway House 56,122
Of the foregoing appropriation item 501-405, Halfway House, 56,124
$100,000 in fiscal year 2000 shall be distributed directly to the 56,126
Oriana House.
Ohio Building Authority Lease Payments 56,128
The foregoing appropriation item 501-406, Lease Rental 56,130
Payments, shall be used for payments to the Ohio Building 56,132
Authority for the period July 1, 1999, to June 30, 2001, pursuant 56,133
to the primary leases and agreements for those buildings made 56,134
under Chapter 152. of the Revised Code in the amount of
$250,400,000 which are the source of funds pledged for bond 56,135
service charges on related obligations issued pursuant to Chapter 56,137
152. of the Revised Code.
Prisoner Compensation 56,139
Money from the foregoing appropriation item 501-403, 56,141
Prisoner Compensation, shall be transferred on a quarterly basis 56,142
by intrastate transfer voucher to Fund 148 for the purposes of 56,144
paying prisoner compensation. 56,145
Inmate Development Program 56,147
Of the foregoing appropriation item 503-321, Parole and 56,149
Community Operations, at least $30,000 in each fiscal year shall 56,150
be used for an inmate development program. 56,151
Institution Recovery Services 56,153
Of the foregoing appropriation item 507-321, Institution 56,155
Recovery Services, $50,000 in each fiscal year shall be used to 56,156
fund a demonstration project using innovative alcohol and 56,157
substance abuse treatment methods.
1221
Section 86. RSC REHABILITATION SERVICES COMMISSION 56,159
General Revenue Fund 56,161
GRF 415-100 Personal Services $ 7,981,041 $ 7,865,107 56,166
GRF 415-401 Personal Care 56,168
Assistance $ 953,624 $ 972,551 56,170
GRF 415-402 Independent Living 56,172
Council $ 401,278 $ 410,909 56,174
GRF 415-403 Mental Health 56,176
Services $ 759,578 $ 777,807 56,178
GRF 415-404 MR/DD Services $ 1,335,275 $ 1,367,321 56,182
GRF 415-405 Vocational 56,184
Rehabilitation/Human
Services $ 568,620 $ 582,267 56,186
GRF 415-431 Office for People 56,188
with Brain Injury $ 197,921 $ 202,697 56,190
GRF 415-506 Services for People 56,192
with Disabilities $ 11,235,077 $ 11,531,180 56,194
GRF 415-508 Services for the Deaf $ 148,365 $ 149,526 56,198
GRF 415-509 Services for the 56,200
Elderly $ 380,602 $ 389,736 56,202
GRF 415-520 Independent Living 56,204
Services $ 61,492 $ 62,967 56,206
TOTAL GRF General Revenue Fund $ 24,022,873 $ 24,312,068 56,209
General Services Fund Group 56,212
4W5 415-606 Administrative 56,215
Expenses $ 17,263,146 $ 17,721,525 56,217
467 415-609 Business Enterprise 56,219
Operating Expenses $ 1,676,209 $ 1,723,110 56,221
TOTAL GSF General Services 56,222
Fund Group $ 18,939,355 $ 19,444,635 56,225
Federal Special Revenue Fund Group 56,228
3L1 415-601 Social Security 56,231
Personal Care
Assistance $ 3,453,086 $ 3,701,386 56,233
1222
3L1 415-605 Social Security 56,235
Community Centers for
the Deaf $ 1,100,488 $ 1,100,488 56,237
3L1 415-607 Social Security 56,239
Administration Cost $ 143,887 $ 139,760 56,241
3L1 415-608 Social Security 56,243
Special
Programs/Assistance $ 2,513,818 $ 2,513,818 56,245
3L1 415-610 Social Security 56,247
Vocational
Rehabilitation $ 1,452,000 $ 1,452,000 56,249
3L1 415-614 Social Security 56,251
Independent Living $ 294,454 $ 294,454 56,253
3L4 415-611 Federal-Independent 56,255
Living Council $ 192,645 $ 198,039 56,257
3L4 415-612 Federal-Independent 56,259
Living Centers or
Services $ 551,791 $ 567,241 56,261
3L4 415-615 Federal - Supported 56,263
Employment $ 1,441,674 $ 1,441,674 56,265
3L4 415-617 Independent 56,267
Living/Vocational
Rehabilitation
Programs $ 450,000 $ 450,000 56,269
317 415-620 Disability 56,271
Determination $ 63,511,419 $ 64,008,286 56,273
379 415-616 Federal-Vocational 56,275
Rehabilitation $ 114,858,693 $ 115,069,636 56,277
TOTAL FED Federal Special 56,278
Revenue Fund Group $ 189,963,955 $ 190,936,782 56,281
State Special Revenue Fund Group 56,283
4L1 415-619 Services for 56,285
Rehabilitation $ 3,474,278 $ 3,450,658 56,287
468 415-618 Third Party Funding $ 5,125,634 $ 4,934,666 56,291
1223
TOTAL SSR State Special 56,292
Revenue Fund Group $ 8,599,912 $ 8,385,324 56,295
TOTAL ALL BUDGET FUND GROUPS $ 241,526,095 $ 243,078,809 56,298
Stand Concessions Fund--Crediting of Income 56,301
In crediting interest and other income earned on moneys 56,303
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 56,304
of State and Director of Budget and Management shall ensure that 56,305
the requirements of section 3304.35 of the Revised Code are met. 56,306
Personal Care Assistance 56,308
The foregoing appropriation item 415-401, Personal Care 56,310
Assistance, shall be used in addition to the federal Social 56,311
Security reimbursement funds to provide personal care assistance 56,313
services. These funds shall not be used in lieu of the Social 56,314
Security reimbursement funds.
MR/DD Services 56,316
The foregoing appropriation item 415-404, MR/DD Services, 56,318
shall be used as state matching funds to provide vocational 56,319
rehabilitation services to mutually eligible clients between the 56,320
Rehabilitation Services Commission and the Department of Mental 56,322
Retardation and Developmental Disabilities. The Rehabilitation 56,323
Services Commission shall report to the Department of Mental 56,324
Retardation and Developmental Disabilities, as outlined in an 56,325
interagency agreement, on the number and status of mutually 56,326
eligible clients and the status of the funds and expenditures for 56,327
these clients.
Vocational Rehabilitation/Human Services 56,329
The foregoing appropriation item 415-405, Vocational 56,331
Rehabilitation/Human Services, shall be used as state matching 56,332
funds to provide vocational rehabilitation services to mutually 56,333
eligible clients between the Rehabilitation Services Commission 56,334
and the Department of Human Services. The Rehabilitation 56,335
Services Commission shall report to the Department of Human 56,336
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 56,337
1224
funds and expenditures for these clients. 56,338
Office for People with Brain Injury 56,340
Of the foregoing appropriation item 415-431, Office for 56,342
People with Brain Injury, $100,000 in each fiscal year shall be 56,343
used for the state match for a federal grant awarded through the 56,345
"Traumatic Brain Injury Act," Pub. L. No. 104-166. The remaining 56,346
appropriation in this item shall be used to plan and coordinate 56,347
head-injury-related services provided by state agencies and other 56,348
government or private entities, to assess the needs for such 56,349
services, and to set priorities in this area. 56,350
Services for the Deaf 56,352
The foregoing appropriation item 415-508, Services for the 56,354
Deaf, shall be used to supplement the federal Social Security 56,355
reimbursement funds used to provide grants to community centers 56,356
for the deaf. These funds shall not be used in lieu of Social 56,357
Security reimbursement funds. 56,358
Services for the Elderly 56,360
The foregoing appropriation item 415-509, Services for the 56,362
Elderly, shall be used as matching funds for vocational 56,363
rehabilitation services for eligible elderly citizens with a 56,364
disability. 56,365
Social Security Reimbursement Funds 56,367
Reimbursement funds received from the Social Security 56,369
Administration, United States Department of Health and Human 56,370
Services, for the costs of providing services and training to 56,371
return disability recipients to gainful employment, shall be used 56,372
in the Social Security Reimbursement Fund (Fund 3L1), as follows: 56,374
(A) Appropriation item 415-601, Social Security Personal 56,376
Care Assistance, to provide personal care services in accordance 56,378
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community 56,380
Centers for the Deaf, to provide grants to community centers for 56,382
the deaf in Ohio for services to individuals with hearing 56,383
impairments;
1225
(C) Appropriation item 415-607, Social Security 56,385
Administration Cost, to provide administrative services needed to 56,387
administer the Social Security reimbursement program; 56,388
(D) Appropriation item 415-610, Social Security Vocational 56,390
Rehabilitation, to provide vocational rehabilitation services to 56,391
individuals with severe disabilities to achieve a noncompetitive 56,392
employment goal such as homemaker;
(E) Appropriation item 415-608, Social Security Special 56,394
Programs/Assistance, to provide vocational rehabilitation 56,395
services to individuals with severe disabilities, who are Social 56,396
Security beneficiaries, to achieve competitive employment. This 56,397
item also includes funds to assist the Personal Care Assistance, 56,398
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 56,399
Circular A-87. 56,400
Administrative Expenses 56,402
The foregoing appropriation item 415-606, Administrative 56,404
Expenses, shall be used to support the administrative functions 56,405
of the commission related to the provision of vocational 56,406
rehabilitation, disability determination services, and ancillary 56,407
programs.
Independent Living Council 56,409
The foregoing appropriation items 415-402, Independent 56,411
Living Council, and 415-611, Federal-Independent Living Council, 56,412
shall be used to fund the operations of the State Independent 56,413
Living Council.
Mental Health Services 56,415
The foregoing appropriation item 415-403, Mental Health 56,417
Services, shall be used for the provision of vocational 56,418
rehabilitation services to mutually eligible consumers of the 56,419
Rehabilitation Services Commission and the Department of Mental 56,421
Health.
The Department of Mental Health shall receive a quarterly 56,423
report from the Rehabilitation Services Commission stating the 56,424
1226
numbers served, numbers placed in employment, average hourly 56,426
wage, and average hours worked.
Independent Living Services 56,428
The foregoing appropriation items 415-520, Independent 56,430
Living Services, and 415-612, Federal-Independent Living Centers 56,431
or Services, shall be used to support state independent living 56,432
centers or independent living services pursuant to Title VII of 56,433
the "Independent Living Services and Centers for Independent 56,435
Living of the Rehabilitation Act Amendments of 1992," 106 Stat.
4344, 29 U.S.C.A. 796d. 56,436
Independent Living/Vocational Rehabilitation Programs 56,438
The foregoing appropriation item 415-617, Independent 56,440
Living/Vocational Rehabilitation Programs, shall be used to 56,441
support vocational rehabilitation programs, including, but not 56,442
limited to, Projects with Industry and Training Grants. 56,443
Section 87. RCB RESPIRATORY CARE BOARD 56,445
General Services Fund Group 56,447
4K9 872-609 Operating Expenses $ 266,576 $ 271,144 56,452
TOTAL GSF General Services 56,453
Fund Group $ 266,576 $ 271,144 56,456
TOTAL ALL BUDGET FUND GROUPS $ 266,576 $ 271,144 56,459
Section 88. REVENUE DISTRIBUTION FUNDS 56,462
Volunteer Firemen's Dependents Fund 56,464
085 800-900 Volunteer Firemen's 56,467
Dependents Fund $ 200,000 $ 200,000 56,469
TOTAL 085 Volunteer Firemen's 56,470
Dependents Fund $ 200,000 $ 200,000 56,473
Agency Fund Group 56,474
062 110-900 Resort Area Excise 56,476
Tax $ 250,000 $ 250,000 56,478
063 110-900 Permissive Tax 56,480
Distribution $1,291,217,300 $1,342,814,000 56,482
067 110-900 School District 56,484
Income Tax Fund $ 145,000,000 $ 155,000,000 56,486
1227
4P8 001-698 Cash Management 56,488
Improvement Fund $ 2,000,000 $ 2,000,000 56,490
608 001-699 Investment Earnings $ 345,000,000 $ 345,000,000 56,494
TOTAL AGY Agency Fund Group $1,783,467,300 $1,845,064,000 56,497
International Fuel Tax Distribution Fund 56,499
R45 110-617 International Fuel 56,502
Tax Distribution $ 44,100,000 $ 44,100,000 56,504
TOTAL R45 International Fuel Tax $ 44,100,000 $ 44,100,000 56,507
Distribution Fund
Revenue Distribution Fund Group 56,508
049 038-900 Indigent Drivers 56,510
Alcohol Treatment $ 1,900,000 $ 1,900,000 56,512
050 762-900 International 56,514
Registration Plan
Distribution $ 45,000,000 $ 47,250,000 56,516
051 762-901 Auto Registration 56,518
Distribution Fund $ 448,300,000 $ 448,300,000 56,520
060 110-900 Gasoline Excise Tax 56,522
Fund $ 110,977,700 $ 113,752,100 56,524
064 110-900 Local Government 56,526
Revenue Assistance $ 93,211,200 $ 97,797,000 56,528
065 110-900 Library/Local 56,530
Government Support
Fund $ 443,933,100 $ 472,336,200 56,532
066 800-900 Undivided Liquor 56,534
Permit Fund $ 13,300,000 $ 13,300,000 56,536
068 110-900 State/Local 56,538
Government Highway
Distribution Fund $ 222,487,300 $ 228,049,500 56,540
069 110-900 Local Government Fund $ 663,478,400 $ 695,579,000 56,544
082 110-900 Horse Racing Tax Fund $ 250,000 $ 250,000 56,548
083 700-900 Ohio Fairs Fund $ 3,000,000 $ 3,000,000 56,552
TOTAL RDF Revenue Distribution 56,553
Fund Group $2,045,837,700 $2,121,513,800 56,556
1228
TOTAL ALL BUDGET FUND GROUPS $3,873,605,000 $4,010,877,800 56,559
Distribution of Horse Racing Tax Fund 56,562
Notwithstanding division (K) of section 3769.08 of the 56,564
Revised Code, for fiscal years 2000 and 2001, the Tax 56,565
Commissioner shall provide for payment to the treasurer of each 56,566
agricultural society the amount of taxes collected under this 56,567
section upon racing conducted at and during the course of any
exposition or fair conducted by such society. 56,568
Additional Appropriations 56,570
Appropriation line items in this section are to be used for 56,572
the purpose of administering and distributing the designated 56,573
revenue distributions fund according to the Revised Code. If it 56,574
is determined that additional appropriations are necessary, such 56,575
amounts are hereby appropriated. 56,576
Section 89. SAN BOARD OF SANITARIAN REGISTRATION 56,578
General Services Fund Group 56,580
4K9 893-609 Operating Expenses $ 102,534 $ 102,252 56,585
TOTAL GSF General Services 56,586
Fund Group $ 102,534 $ 102,252 56,589
TOTAL ALL BUDGET FUND GROUPS $ 102,534 $ 102,252 56,592
Section 90. SOS SECRETARY OF STATE 56,595
General Revenue Fund 56,597
GRF 050-321 Operating Expenses $ 7,594,550 $ 7,724,452 56,602
GRF 050-403 Election Statistics $ 133,000 $ 150,000 56,606
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 56,610
GRF 050-409 Litigation 56,612
Expenditures $ 26,750 $ 26,750 56,614
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,191,202 56,617
General Services Fund Group 56,619
4B9 050-608 Campaign Finance Disk 56,622
Sales $ 1,000 $ 1,000 56,624
4S8 050-610 Board of Voting 56,626
Machine Examiners $ 7,200 $ 7,200 56,628
413 050-601 Information Systems $ 181,900 $ 150,000 56,632
1229
414 050-602 Citizen Education 56,634
Fund $ 30,000 $ 30,000 56,636
TOTAL General Services Fund Group $ 220,100 $ 188,200 56,639
State Special Revenue Fund Group 56,641
599 050-603 Business Services 56,644
Operating Expenses $ 5,200,000 $ 5,200,000 56,646
TOTAL SSR State Special Revenue 56,647
Fund Group $ 5,200,000 $ 5,200,000 56,650
Holding Account Redistribution Fund Group 56,652
R01 050-605 Uniform Commercial 56,655
Code Refunds $ 65,000 $ 65,000 56,657
R02 050-606 Corporate/Business 56,659
Filing Refunds $ 185,000 $ 185,000 56,661
TOTAL 090 Holding Account 56,662
Redistribution Fund Group $ 250,000 $ 250,000 56,665
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 13,829,402 56,668
Board of Voting Machine Examiners 56,671
The foregoing appropriation item 050-610, Board of Voting 56,673
Machine Examiners, shall be used to pay for the services and 56,674
expenses of the members of the Board of Voting Machine Examiners, 56,675
and for other expenses which are authorized to be paid from the 56,676
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 56,677
returned to the person or entity submitting the equipment for 56,678
examination. If it is determined that additional appropriations 56,679
are necessary, such amounts are hereby appropriated. 56,680
Holding Account Redistribution Group 56,682
The foregoing appropriation items 050-605 and 050-606, 56,684
Holding Account Redistribution Fund Group, shall be used to hold 56,685
revenues until they are directed to the appropriate accounts or 56,686
until they are refunded. If it is determined that additional 56,687
appropriations are necessary, such amounts are hereby 56,688
appropriated.
Filing Fees Study 56,690
1230
The Secretary of State shall conduct a study of fees 56,692
charged under section 111.16 of the Revised Code to compare the 56,693
fee amounts with the actual cost of providing the services for 56,694
which the fees are charged. The purpose of the study is to 56,695
determine whether the amounts of the fees being charged are valid
and appropriate with respect to the services being provided. The 56,696
Secretary of State shall complete a report summarizing the 56,697
results of the study and, not later than December 31, 2000, shall 56,698
submit the report to the President of the Senate, the Minority 56,699
Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of 56,700
Representatives.
Section 91. SEN THE OHIO SENATE 56,702
General Revenue Fund 56,704
GRF 020-321 Operating Expenses $ 11,289,045 $ 11,289,045 56,709
TOTAL GRF General Revenue Fund $ 11,289,045 $ 11,289,045 56,712
General Services Fund Group 56,714
102 020-602 Senate Reimbursement $ 402,744 $ 402,744 56,719
409 020-601 Miscellaneous Sales $ 30,980 $ 30,980 56,723
TOTAL GSF General Services 56,724
Fund Group $ 433,724 $ 433,724 56,727
TOTAL ALL BUDGET FUND GROUPS $ 11,722,769 $ 11,722,769 56,730
Section 92. CSF COMMISSIONERS OF THE SINKING FUND 56,733
General Revenue Fund 56,735
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 56,740
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 56,743
Debt Service Fund Group 56,745
071 155-900 Highway Obligations 56,748
Bond Retirement Fund $ 53,642,000 $ 51,636,000 56,750
072 155-900 Highway Capital 56,752
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 56,754
073 155-900 Natural Resources 56,756
Bond Retirement $ 12,865,000 $ 15,700,000 56,758
1231
076 155-900 Coal Research and 56,760
Development Bond
Retirement Fund $ 5,690,000 $ 7,760,000 56,762
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 56,765
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 56,768
Additional Appropriations 56,770
Appropriation items in this section are for the purpose of 56,772
paying the principal and interest on bonds or other instruments 56,773
of indebtedness of this state issued pursuant to the Ohio 56,774
Constitution and acts of the General Assembly. If it is 56,775
determined that additional appropriations are necessary, such 56,776
amounts are hereby appropriated. 56,777
Section 93. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 56,779
& AUDIOLOGY 56,780
General Services Fund Group 56,782
4K9 886-609 Operating Expenses $ 328,710 $ 325,685 56,786
TOTAL GSF General Services 56,787
Fund Group $ 328,710 $ 325,685 56,790
TOTAL ALL BUDGET FUND GROUPS $ 328,710 $ 325,685 56,793
Section 94. SLG STATE AND LOCAL GOVERNMENT 56,796
COMMISSION OF OHIO 56,797
General Revenue Fund 56,799
GRF 046-321 Operating Expenses $ 258,143 $ 264,713 56,804
TOTAL GRF General Revenue Fund $ 258,143 $ 264,713 56,807
TOTAL ALL BUDGET FUND GROUPS $ 258,143 $ 264,713 56,810
Section 95. BTA BOARD OF TAX APPEALS 56,813
General Revenue Fund 56,815
GRF 116-100 Personal Services $ 2,345,663 $ 2,259,296 56,820
GRF 116-200 Maintenance $ 130,350 $ 137,084 56,824
GRF 116-300 Equipment $ 6,965 $ 35,275 56,828
TOTAL GRF General Revenue Fund $ 2,482,978 $ 2,431,655 56,831
General Services Fund Group 56,834
439 116-602 Reproduction of 56,837
Decisions $ 10,000 $ 10,300 56,839
1232
TOTAL GSF General Services 56,840
Fund Group $ 10,000 $ 10,300 56,843
TOTAL ALL BUDGET FUND GROUPS $ 2,492,978 $ 2,441,955 56,846
Section 96. TAX DEPARTMENT OF TAXATION 56,849
General Revenue Fund 56,851
GRF 110-321 Operating Expenses $ 90,709,806 $ 89,657,969 56,856
GRF 110-410 Energy Credit 56,858
Administration $ 697,653 $ 694,814 56,860
GRF 110-412 Child Support 56,862
Administration $ 58,872 $ 60,285 56,864
GRF 110-506 Utility Bill Credits $ 7,500,000 $ 7,500,000 56,868
GRF 110-901 Property Tax 56,870
Allocation-Taxation $ 342,000,000 $ 362,140,000 56,872
GRF 110-906 Tangible Tax 56,874
Exemption - Taxation $ 28,000,000 $ 29,000,000 56,877
TOTAL GRF General Revenue Fund $ 468,966,331 $ 489,053,068 56,880
Agency Fund Group 56,882
425 110-635 Tax Refunds $1,041,325,000 $1,024,575,000 56,887
TOTAL AGY Agency Fund Group $1,041,325,000 $1,024,575,000 56,890
General Services Fund Group 56,893
433 110-602 Tape File Account $ 85,172 $ 87,557 56,898
TOTAL GSF General Services 56,899
Fund Group $ 85,172 $ 87,557 56,902
State Special Revenue Fund Group 56,905
4C6 110-616 International 56,908
Registration Plan $ 588,652 $ 622,127 56,910
4R6 110-610 Tire Tax 56,912
Administration $ 146,661 $ 150,768 56,914
435 110-607 Local Tax 56,916
Administration $ 10,846,962 $ 11,108,705 56,918
436 110-608 Motor Vehicle Audit $ 1,525,384 $ 1,569,645 56,922
437 110-606 Litter Tax and 56,924
Natural Resource Tax
Administration $ 1,340,059 $ 1,374,701 56,926
1233
438 110-609 School District 56,928
Income Tax $ 2,657,080 $ 2,711,122 56,930
639 110-614 Cigarette Tax 56,932
Enforcement $ 147,891 $ 151,711 56,934
642 110-613 Ohio Political Party 56,936
Distributions $ 800,000 $ 800,000 56,938
688 110-615 Local Excise Tax 56,940
Administration $ 335,218 $ 343,721 56,942
TOTAL SSR State Special Revenue 56,943
Fund Group $ 18,387,907 $ 18,832,500 56,946
Federal Special Revenue Fund Group 56,949
3J6 110-601 Motor Fuel Compliance $ 78,817 $ 50,000 56,954
3J7 110-603 International Fuel 56,956
Tax Agreement $ 92,471 $ 80,000 56,958
TOTAL FED Federal Special Revenue 56,959
Fund Group $ 171,288 $ 130,000 56,962
Holding Account Redistribution Fund Group 56,965
R10 110-611 Tax Distributions $ 200,000 $ 200,000 56,970
R11 110-612 Miscellaneous Income 56,972
Tax Receipts $ 500,000 $ 500,000 56,974
TOTAL 090 Holding Account 56,975
Redistribution Fund Group $ 700,000 $ 700,000 56,978
TOTAL ALL BUDGET FUND GROUPS $1,529,635,698 $1,533,378,125 56,981
Litter Control Tax Administration Fund 56,984
Notwithstanding section 5733.12 of the Revised Code, during 56,986
the period from July 1, 1999, to June 30, 2000, the amount of 56,987
$1,340,059, and during the period from July 1, 2000, to June 30, 56,988
2001, the amount of $1,374,701, received by the Treasurer of 56,989
State under Chapter 5733. of the Revised Code, shall be credited 56,990
to the Litter Control Tax Administration Fund (Fund 437). The
Director of Budget and Management shall provide the Treasurer of 56,991
State with a monthly schedule in accordance with which the 56,992
amounts shall be credited.
International Registration Plan Audit 56,994
1234
The foregoing appropriation item 110-616, International 56,996
Registration Plan, shall be used pursuant to section 5703.12 of 56,997
the Revised Code for audits of persons with vehicles registered 56,999
under the International Registration Plan. 57,000
Homestead Exemption, Property Tax Rollback, and Tangible 57,002
Tax Exemption 57,003
The appropriation item 110-901, Property Tax Allocation - 57,005
Taxation, made to the Department of Taxation, is appropriated to 57,006
pay for the state's costs incurred due to the Homestead Exemption 57,007
and the Property Tax Rollback. The Tax Commissioner shall 57,008
distribute these funds directly to the appropriate local taxing 57,009
districts of the state, except for school districts,
notwithstanding the provisions in sections 321.24 and 323.156 of 57,010
the Revised Code, which provide for payment of the Homestead 57,011
Exemption and Property Tax Rollback by the Tax Commissioner to 57,012
the appropriate county treasurer and the subsequent 57,013
redistribution of these funds to the appropriate local taxing
districts by the county auditor. 57,014
The appropriation item 110-906, Tangible Tax Exemption - 57,016
Taxation, made to the Department of Taxation, is appropriated to 57,017
pay for the state's costs incurred due to the tangible personal 57,018
property tax exemption required by division (C)(3) of section 57,019
5709.01 of the Revised Code. The Tax Commissioner shall
distribute to each county treasurer the total amount certified by 57,020
the county treasurer pursuant to section 319.311 of the Revised 57,021
Code for all local taxing districts located in the county except 57,022
for school districts, notwithstanding the provision in section 57,023
319.311 of the Revised Code which provides for payment of the 57,024
$10,000 tangible personal property tax exemption by the Tax
Commissioner to the appropriate county treasurer for all local 57,025
taxing districts located in the county including school 57,026
districts. Pursuant to division (G) of section 321.24 of the 57,027
Revised Code, the county auditor shall distribute the amount paid 57,028
by the Tax Commissioner among the appropriate local taxing 57,029
1235
districts except for school districts.
Upon receipt of these amounts, each local taxing district 57,031
shall distribute the amount among the proper funds as if it had 57,032
been paid as real or tangible personal property taxes. Payments 57,033
for the costs of administration shall continue to be paid to the 57,034
county treasurer and county auditor as provided for in sections 57,035
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 57,037
appropriated in appropriation items 110-901, Property Tax 57,038
Allocation - Taxation, for the Homestead Exemption and the 57,039
Property Tax Rollback payments, and 110-906, Tangible Tax 57,040
Exemption, for the $10,000 tangible personal property tax
exemption payments, which are determined to be necessary for 57,041
these purposes, are hereby appropriated. 57,042
Section 97. DOT DEPARTMENT OF TRANSPORTATION 57,044
Transportation Modes 57,045
General Revenue Fund 57,047
GRF 775-451 Public Transportation 57,050
- State $ 27,970,941 $ 28,589,210 57,052
GRF 775-453 Waterfront Line Lease 57,054
Payments - State $ 1,781,000 $ 1,786,000 57,056
GRF 775-456 Public 57,058
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 57,061
GRF 775-458 Elderly and Disabled 57,063
Fare Assistance $ 3,285,159 $ 3,364,000 57,065
GRF 776-465 Ohio Rail Development 57,067
Commission $ 5,805,000 $ 5,780,800 57,069
GRF 777-471 Airport Improvements 57,071
- State $ 2,665,000 $ 2,679,525 57,073
GRF 777-473 Rickenbacker Lease 57,075
Payments - State $ 995,000 $ 997,000 57,077
TOTAL GRF General Revenue Fund $ 45,878,000 $ 46,653,457 57,080
Federal Special Revenue Fund Group 57,083
1236
3B9 776-662 Rail Transportation - 57,086
Federal $ 1,000,000 $ 1,000,000 57,088
TOTAL FSR Federal Special Revenue 57,089
Fund Group $ 1,000,000 $ 1,000,000 57,092
State Special Revenue Fund Group 57,095
5E7 775-657 Transit Capital Funds $ 9,000,000 $ 9,000,000 57,100
4N4 776-663 Panhandle Lease 57,102
Payments $ 769,000 $ 770,000 57,104
4N4 776-664 Rail Transportation - 57,106
Other $ 500,000 $ 500,000 57,108
TOTAL SSR State Special Revenue 57,109
Fund Group $ 10,269,000 $ 10,270,000 57,112
TOTAL ALL BUDGET FUND GROUPS $ 57,147,000 $ 57,923,457 57,115
Geauga County Airport Authority 57,118
Of the foregoing appropriation item 777-471, Airport 57,120
Improvements-State, $30,000 in fiscal year 2000 shall be used to 57,121
support the Geauga County Airport Authority. 57,122
Aviation Lease Payments 57,124
The foregoing appropriation item 777-473, Rickenbacker 57,126
Lease Payments - State, shall be used to meet scheduled payments 57,127
for the Rickenbacker Port Authority. The Director of 57,128
Transportation shall certify to the Director of Budget and 57,129
Management any appropriations in appropriation item 777-473, 57,130
Rickenbacker Lease Payments - State, that are not needed to make 57,131
lease payments for the Rickenbacker Port Authority. 57,132
Notwithstanding section 127.14 of the Revised Code, the amount 57,133
certified may be transferred by the Director of Budget and 57,134
Management to appropriation item 777-471, Airport Improvements - 57,135
State.
Transfer of Appropriations - Public Transportation 57,137
The Director of Budget and Management may approve requests 57,139
from the Department of Transportation for the transfer of 57,140
appropriations among appropriation item 775-451, Public 57,141
Transportation - State, appropriation item 775-456, Public
1237
Transportation/Discretionary Capital, and appropriation item 57,142
775-458, Elderly and Disabled Fare Assistance. Transfers among 57,143
appropriation items shall be made upon the written request of the 57,145
Director of Transportation with the approval of the Director of 57,147
Budget and Management. Such transfers shall be reported to the 57,148
Controlling Board at the next regularly scheduled meeting of the 57,149
board.
Section 98. TOS TREASURER OF STATE 57,151
General Revenue Fund 57,153
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 57,158
GRF 090-401 Commissioners of the 57,160
Sinking Fund $ 370,530 $ 381,400 57,162
GRF 090-402 Continuing Education $ 413,278 $ 442,207 57,166
GRF 090-510 PERS Cost of Living $ 136 $ 100 57,170
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 57,174
GRF 090-512 SERS Cost of Living $ 600 $ 600 57,178
GRF 090-520 PERS Pension Benefits $ 77,470 $ 25,850 57,182
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 57,186
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 57,190
GRF 090-523 Highway Patrol 57,192
Retirement System $ 4,156 $ 4,050 57,194
GRF 090-524 Police and Fire 57,196
Disability Pension $ 50,000 $ 45,000 57,198
GRF 090-530 PERS Ad Hoc Cost of 57,200
Living $ 616,410 $ 472,897 57,202
GRF 090-531 STRS Ad Hoc Cost of 57,204
Living $ 1,600,000 $ 1,500,000 57,206
GRF 090-532 SERS Ad Hoc Cost of 57,208
Living $ 236,000 $ 213,000 57,210
GRF 090-533 Hwy Patrol Ad Hoc 57,212
Cost of Living $ 24,990 $ 24,800 57,214
GRF 090-534 Police & Fire Ad Hoc 57,216
Cost of Living $ 325,000 $ 300,000 57,218
1238
GRF 090-544 Police and Fire State 57,220
Contribution $ 1,200,000 $ 1,200,000 57,222
GRF 090-554 Police and Fire 57,224
Survivor Benefits $ 1,740,000 $ 1,670,000 57,226
GRF 090-575 Police and Fire Death 57,228
Benefits $ 19,980,000 $ 21,280,000 57,230
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 57,234
TOTAL GRF General Revenue Fund $ 157,316,656 $ 167,600,937 57,237
General Services Fund Group 57,240
182 090-608 Financial Planning 57,243
Commissions $ 12,000 $ 12,000 57,245
4E9 090-603 Securities Lending 57,247
Income Fund $ 5,185,804 $ 6,169,140 57,249
4NO 090-611 Treasury Education 57,251
Fund $ 27,500 $ 27,500 57,253
577 090-605 Investment Pool 57,255
Reimbursement $ 1,000,000 $ 750,000 57,257
605 090-609 Treasurer of State 57,259
Administrative Fund $ 850,000 $ 600,000 57,261
TOTAL GSF General Services 57,262
Fund Group $ 7,075,304 $ 7,558,640 57,265
Debt Service Fund Group 57,268
077 090-900 Capital Improvements 57,271
Bond Service $ 122,500,000 $ 132,365,000 57,273
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 57,276
State Special Revenue Fund Group 57,278
5C5 090-602 County Treasurer 57,281
Education $ 110,000 $ 110,000 57,283
TOTAL SSR State Special Revenue 57,284
Fund Group $ 110,000 $ 110,000 57,287
TOTAL ALL BUDGET FUND GROUPS $ 287,001,960 $ 307,634,577 57,290
Section 98.01. Commissioners of the Sinking Fund 57,293
The foregoing appropriation item 090-401, Commissioners of 57,295
the Sinking Fund, shall be used for all costs incurred by order 57,296
1239
of, or on behalf of, the Commissioners of the Sinking Fund, with 57,297
respect to the issuance and sale of bonds or other obligations, 57,298
including, but not limited to, engraving, printing, advertising, 57,299
and other related outlays. The General Revenue Fund shall be 57,300
reimbursed for such costs on intrastate transfer voucher drawn by 57,302
the Commissioners of the Sinking Fund, pursuant to a
certification by the Treasurer of State of the actual amounts 57,304
used. The amounts necessary to make such reimbursements are 57,305
hereby appropriated from the bond retirement funds created by the 57,306
laws and Constitution of this state to the extent such costs are 57,307
incurred.
Capital Improvements Bond Service 57,309
The foregoing appropriation item 090-900, Capital 57,311
Improvements Bond Service, shall be used for the purpose of 57,312
paying the principal and interest on General Obligation 57,313
Infrastructure Improvement Bonds issued pursuant to the Ohio 57,314
Constitution and acts of the General Assembly. If it is 57,315
determined that additional appropriations are necessary, such 57,316
amounts are hereby appropriated. 57,317
Section 98.02. Police and Firemen's Death Benefit Fund 57,320
The foregoing appropriation item 090-575, Police and Fire 57,322
Death Benefits, shall be disbursed by the Treasurer of State in 57,323
quarterly payments at the beginning of each quarter to the Board 57,324
of Trustees of the Police and Firemen's Disability and Pension 57,325
Fund. By the twentieth day of June of each year, the Board of 57,326
Trustees of the Police and Firemen's Disability and Pension Fund 57,327
shall certify to the Treasurer of State the amount disbursed in 57,328
each quarter of the current fiscal year to make the payments 57,329
required by section 742.63 of the Revised Code and shall return 57,330
to the Treasurer of State moneys received from this item but not 57,331
disbursed.
Section 98.03. Local Government Y2K Program 57,333
The Treasurer of State may use up to $20 million over the 57,335
1999-2001 biennium from the Linked Deposit Program to implement a 57,336
1240
Local Government Y2K Program. The program will assist county, 57,337
municipal corporation, and township governments with computer 57,338
system and related technical adaptations needed for the accurate 57,339
reading of century dates, or Y2K compliance.
Section 99. UST PETROLEUM UNDERGROUND STORAGE TANK 57,341
RELEASE COMPENSATION BOARD 57,342
State Special Revenue Fund Group 57,344
691 810-632 PUSTRCB Staff $ 908,000 $ 927,924 57,349
TOTAL SSR State Special Revenue 57,350
Fund Group $ 908,000 $ 927,924 57,353
TOTAL ALL BUDGET FUND GROUPS $ 908,000 $ 927,924 57,356
Section 100. OVH OHIO VETERANS' HOME 57,359
General Revenue Fund 57,361
GRF 430-100 Personal Services $ 13,756,623 $ 13,678,901 57,366
GRF 430-200 Maintenance $ 5,077,497 $ 5,259,631 57,370
TOTAL GRF General Revenue Fund $ 18,834,120 $ 18,938,532 57,373
Federal Special Revenue Fund Group 57,376
3L2 430-601 Federal Grants $ 7,949,495 $ 7,949,495 57,381
TOTAL FED Federal Special Revenue 57,382
Fund Group $ 7,949,495 $ 7,949,495 57,385
State Special Revenue Fund Group 57,388
4E2 430-602 Veterans Home 57,391
Operating $ 4,400,000 $ 4,300,000 57,393
484 430-603 Rental and Service 57,395
Revenue $ 102,300 $ 104,755 57,397
604 430-604 Veterans Home 57,399
Improvement $ 593,175 $ 607,411 57,401
TOTAL SSR State Special Revenue 57,402
Fund Group $ 5,095,475 $ 5,012,166 57,405
TOTAL ALL BUDGET FUND GROUPS $ 31,879,090 $ 31,900,193 57,408
Section 101. VET VETERANS' ORGANIZATIONS 57,411
General Revenue Fund 57,413
VAP AMERICAN EX-PRISONERS OF WAR 57,414
GRF 743-501 State Support $ 24,444 $ 25,030 57,419
1241
VAN ARMY AND NAVY UNION, USA, INC. 57,421
GRF 746-501 State Support $ 53,723 $ 55,012 57,426
VKW KOREAN WAR VETERANS 57,428
GRF 747-501 State Support $ 48,294 $ 49,453 57,433
VJW JEWISH WAR VETERANS 57,435
GRF 748-501 State Support $ 29,018 $ 29,715 57,440
VCW CATHOLIC WAR VETERANS 57,442
GRF 749-501 State Support $ 56,631 $ 57,990 57,447
VPH MILITARY ORDER OF THE PURPLE HEART 57,449
GRF 750-501 State Support $ 55,056 $ 56,377 57,454
VVV VIETNAM VETERANS OF AMERICA 57,456
GRF 751-501 State Support $ 177,947 $ 185,954 57,461
VAL AMERICAN LEGION OF OHIO 57,463
GRF 752-501 State Support $ 241,462 $ 252,328 57,468
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 57,470
GRF 753-501 State Support $ 728,535 $ 237,919 57,475
VAV DISABLED AMERICAN VETERANS 57,477
GRF 754-501 State Support $ 159,146 $ 166,308 57,482
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 57,484
GRF 755-501 State Support $ 4,127 $ 4,226 57,489
VMC MARINE CORPS LEAGUE 57,491
GRF 756-501 State Support $ 82,270 $ 85,972 57,496
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 57,498
GRF 757-501 State Support $ 5,807 $ 5,946 57,503
VFW VETERANS OF FOREIGN WARS 57,505
GRF 758-501 State Support $ 163,846 $ 196,615 57,510
VWI VETERANS OF WORLD WAR I 57,512
GRF 759-501 State Support $ 24,444 $ 25,031 57,517
TOTAL GRF General Revenue Fund $ 1,854,750 $ 1,433,876 57,520
TOTAL ALL BUDGET FUND GROUPS $ 1,854,750 $ 1,433,876 57,523
Release of Funds 57,526
The foregoing appropriation items 743-501, 746-501, 57,528
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 57,529
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 57,530
1242
Support, shall be released upon approval by the Director of 57,531
Budget and Management.
American Ex-Prisoners of War 57,533
The American Ex-Prisoners of War shall be permitted to 57,535
share an office with the Veterans of World War I. 57,536
Central Ohio United Services Organization 57,538
Of the foregoing appropriation item 751-501, State Support, 57,540
Vietnam Veterans of America, $50,000 in each fiscal year shall be 57,542
used to support the activities of the Central Ohio USO. 57,543
National World War II Memorial Fund 57,545
Of the foregoing appropriation item 753-501, State Support, 57,547
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 57,548
2000 shall be used for the contribution to the National World War 57,549
II Memorial Fund. The Director of Budget and Management shall 57,550
not release any funds for the National World War II Memorial 57,551
until the project has commenced construction and the national
capital campaign has received ninety per cent of its goal through 57,552
cash received or commitments. 57,553
Veterans Service Commission Education 57,555
Of the foregoing appropriation item 753-501, State Support, 57,557
up to $20,000 in each fiscal year may be used to provide moneys 57,558
to the Association of County Veterans Service Commissioners to 57,559
reimburse its member county veterans service commissions for 57,560
costs incurred in carrying out educational and outreach duties 57,561
required under divisions (E) and (F) of section 5901.03 of the 57,562
Revised Code. Upon the presentation of an itemized statement to 57,563
the Office of Veterans Affairs, the office shall direct the 57,564
Auditor of State to issue a warrant upon the state treasury to 57,565
the association to reimburse member commissions for reasonable 57,566
and appropriate expenses incurred performing these duties. The 57,567
association shall establish uniform procedures for reimbursing 57,568
member commissions.
Section 102. DVM STATE VETERINARY MEDICAL BOARD 57,570
General Services Fund Group 57,572
1243
4K9 888-609 Operating Expenses $ 476,815 $ 470,773 57,577
TOTAL GSF General Services 57,578
Fund Group $ 476,815 $ 470,773 57,581
TOTAL ALL BUDGET FUND GROUPS $ 476,815 $ 470,773 57,584
Section 103. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 57,587
General Revenue Fund 57,589
GRF 920-321 Operating Expenses $ 256,395 $ 256,836 57,594
TOTAL GRF General Revenue Fund $ 256,395 $ 256,836 57,597
State Special Revenue Fund Group 57,600
4V9 920-602 Women's Policy and 57,603
Research Commission
Fund $ 5,000 $ 5,000 57,605
TOTAL SSR State Special Revenue 57,606
Fund Group $ 5,000 $ 5,000 57,609
TOTAL ALL BUDGET FUND GROUPS $ 261,395 $ 261,836 57,612
Women's Policy and Research Commission Spending Review 57,615
The Women's Policy and Research Commission shall explore, 57,617
with The Ohio State University or any other state university, 57,618
better options for utilizing state resources provided to the 57,619
commission. The commission shall make spending efficiency 57,620
recommendations to the Governor and the General Assembly by June
30, 2000. 57,621
Section 104. DYS DEPARTMENT OF YOUTH SERVICES 57,623
General Revenue Fund 57,625
GRF 470-401 RECLAIM Ohio $ 148,126,420 $ 156,117,444 57,630
GRF 470-402 Community Program 57,632
Services $ 2,422,163 $ 2,418,255 57,634
GRF 470-404 Vocational 57,636
Rehabilitation $ 262,144 $ 268,435 57,638
GRF 470-412 Lease Rental Payments $ 13,675,000 $ 16,300,000 57,642
GRF 470-501 Rehabilitation 57,644
Subsidy $ 2,271,193 $ 2,271,193 57,646
GRF 470-502 Detention Subsidy $ 5,884,408 $ 5,839,502 57,650
GRF 470-510 Youth Services $ 21,245,799 $ 21,755,698 57,654
1244
GRF 472-321 Parole Operations $ 16,529,366 $ 16,920,719 57,658
GRF 474-321 Facilities Activation $ 3,000,000 $ 0 57,662
GRF 477-321 Administrative 57,664
Operations $ 13,574,689 $ 13,892,543 57,666
GRF 477-406 Interagency 57,668
Collaborations $ 250,000 $ 250,000 57,670
TOTAL GRF General Revenue Fund $ 227,241,182 $ 236,033,789 57,673
General Services Fund Group 57,676
175 470-613 Education 57,679
Reimbursement $ 8,234,088 $ 8,433,953 57,681
4A2 470-602 Child Support $ 207,192 $ 302,659 57,685
4G6 470-605 General Operational 57,687
Funds $ 10,000 $ 10,000 57,689
479 470-609 Employee Food Service $ 142,613 $ 140,263 57,693
523 470-621 Wellness Program $ 63,800 $ 63,800 57,697
TOTAL GSF General Services 57,698
Fund Group $ 8,657,693 $ 8,950,675 57,701
Federal Special Revenue Fund Group 57,704
321 470-601 Education $ 1,267,834 $ 1,653,736 57,709
321 470-603 Juvenile Justice 57,711
Prevention $ 1,134,083 $ 1,129,410 57,713
321 470-606 Nutrition $ 2,719,093 $ 2,795,228 57,717
321 470-610 Rehabilitation 57,718
Programs $ 179,326 $ 179,326 57,720
321 470-614 Title IV-E 57,722
Reimbursements $ 5,628,234 $ 5,417,088 57,724
321 470-617 Americorps Programs $ 248,617 $ 248,617 57,727
TOTAL FED Federal Special Revenue 57,728
Fund Group $ 11,177,187 $ 11,423,405 57,731
State Special Revenue Fund Group 57,734
147 470-612 Vocational Education $ 1,864,791 $ 1,911,569 57,739
TOTAL SSR State Special Revenue 57,740
Fund Group $ 1,864,791 $ 1,911,569 57,743
TOTAL ALL BUDGET FUND GROUPS $ 248,940,853 $ 258,319,438 57,746
1245
Ohio Building Authority Lease Payments 57,749
The foregoing appropriation item 470-412, Lease Rental 57,751
Payments, in the Department of Youth Services, shall be used for 57,752
payments, limited to the aggregate amount of $29,975,000, to the 57,753
Ohio Building Authority for the period from July 1, 1999, to June 57,754
30, 2001, pursuant to the primary leases and agreements for 57,755
facilities made under Chapter 152. of the Revised Code which are 57,756
the source of funds pledged for bond service charges on related 57,757
obligations issued pursuant to Chapter 152. of the Revised Code. 57,758
RECLAIM Ohio 57,760
In determining the amount of moneys necessary to fund the 57,762
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal 57,763
years 2000 and 2001, the Department of Youth Services shall 57,764
compute the number of state target youth for each fiscal year. 57,765
As defined in section 5139.01 of the Revised Code, "state target 57,767
youth" means twenty-five per cent of the projected total number 57,768
of felony-level delinquency adjudications in the juvenile courts 57,769
for each year of a biennium, factoring in revocations and 57,770
recommitments. The foregoing appropriation item 470-401, RECLAIM 57,771
Ohio, shall provide for an amount not less than $98 per day for 57,772
each state target youth or not less than $20,000 per year for 57,773
each state target youth for each year of the biennium. 57,774
Of the foregoing appropriation item 470-401, RECLAIM Ohio, 57,776
$50,000 in each fiscal year shall be distributed to Lighthouse 57,777
Youth Services.
Community Program Services 57,779
Of the foregoing appropriation item 470-402, Community 57,781
Program Services, $25,000 in each fiscal year shall be used for 57,782
the City of Cincinnati parental responsibility program. Of the 57,783
foregoing appropriation item 470-402, Community Program Services, 57,784
$25,000 in fiscal year 2000 shall be distributed to the Artworks 57,785
Youth Employment Program. Of the foregoing appropriation item 57,786
470-402, Community Program Services, $35,000 in fiscal year 2000 57,787
shall be distributed to the Mahoning County Boys and Girls Club. 57,788
1246
Vocational Rehabilitation 57,790
The Department of Youth Services and the Rehabilitation 57,792
Services Commission shall enter into an interagency agreement for 57,793
the provision of vocational rehabilitation services and staff to 57,794
mutually eligible clients. The foregoing appropriation item 57,795
470-404, Vocational Rehabilitation, shall be used to provide 57,796
vocational rehabilitation services and staff in accordance with 57,797
the interagency agreement. The Department of Youth Services may 57,798
transfer additional moneys to appropriation item 470-404, 57,799
Vocational Rehabilitation, with Controlling Board approval. 57,800
Detention Subsidy 57,802
Notwithstanding any law or rule to the contrary, of the 57,804
foregoing appropriation item 470-502, Detention Subsidy, $235,000 57,805
in fiscal year 2000 shall be distributed to the Muskingum County 57,806
Detention Center. 57,807
Employee Food Service and Equipment 57,809
Notwithstanding section 125.14 of the Revised Code, the 57,811
foregoing appropriation item 470-609, Employee Food Service, may 57,812
be used to purchase any food operational items with funds 57,813
received into the fund from reimbursement for state surplus 57,814
property.
Education Reimbursement 57,816
The foregoing appropriation item 470-613, Education 57,818
Reimbursement, shall be used to fund the operating expenses of 57,819
providing educational services to youth supervised by the 57,820
Department of Youth Services. Operating expenses include, but 57,821
are not limited to, teachers' salaries, maintenance costs, and 57,822
educational equipment. This appropriation item shall not be used 57,823
for capital expenses. 57,824
Financial Assistance for Juvenile Rehabilitation and 57,826
Treatment Facilities
Pursuant to section 5139.28 of the Revised Code, grants 57,828
awarded for financial assistance for the operation and 57,829
maintenance of schools or other facilities shall be in an amount 57,830
1247
not to exceed one-half of the cost of operating and maintaining 57,831
such schools or facilities, but may not exceed in any one month 57,833
$540 multiplied by the average daily enrollment in each fiscal 57,834
year.
Financial Assistance for Juvenile Detention Facilities 57,836
Pursuant to section 5139.281 of the Revised Code, funding 57,838
provided to a county for the operation and maintenance of each 57,839
home shall be in an amount of fifty per cent of the approved 57,840
annual operating cost, but shall not be in excess of $156,928 in 57,841
each fiscal year. 57,842
Section 105. Investment Earnings on Tobacco Master 57,844
Settlement Agreement Fund 57,845
All investment earnings on moneys deposited in the Tobacco 57,847
Master Settlement Agreement Fund (Fund 087), which was created by 57,848
the Controlling Board on March 15, 1999, shall be credited to the 57,849
Tobacco Master Settlement Agreement Fund (Fund 087). On July 1, 57,850
1999, or as soon thereafter as possible, the Director of Budget 57,851
and Management shall transfer the investment earnings on Fund 087 57,852
for fiscal year 1999, which were credited to the General Revenue
Fund, from the General Revenue Fund to Fund 087. 57,853
Section 106. OPLIN Technology Fund 57,855
The Director of Budget and Management shall transfer any 57,857
amount remaining in the OPLIN Technology Fund at the end of 57,858
fiscal year 1999 to the General Revenue Fund. 57,859
Section 107. Local OBES/ODHS Integration Initiatives 57,861
In anticipation of the merger of the Ohio Department of 57,863
Human Services (ODHS) and the Ohio Bureau of Employment Services 57,864
(OBES) into the Ohio Department of Job and Family Services, and 57,865
as part of the implementation of the federal Work Force 57,866
Investment Act (WIA), local integration initiatives may be
established jointly by OBES and ODHS in fiscal year 2000 or 2001. 57,867
In one or more of the initiatives, a local work force development 57,868
board may be created and appointed by local elected officials to 57,869
replace the current existing service delivery areas (SDAs) - 57,870
1248
private industry council (PIC), the job service employer
committee, and the county human services planning committee, and 57,871
to serve as the federally required work force investment board if 57,873
the area qualifies. In serving in that capacity for the
aforementioned boards, the work force development board shall 57,874
provide direct oversight of the funding and operations of 57,875
programs such as the Ohio Works First Program, Job Training 57,876
Partnership Act (JTPA)/(WIA) Programs, and other State of Ohio
employment and training/work force development activities carried 57,877
out by the Ohio Bureau of Employment Services and the local 57,878
county department of human services. A work force development 57,879
board that replaces a county human services planning committee 57,880
shall perform the committee's duties under sections 307.98, 57,881
329.02, and 329.06 of the Revised Code. The initiatives may be 57,882
expanded to include surrounding counties with the approval of 57,883
local elected officials and the Directors of the Ohio Department 57,884
of Human Services and the Ohio Bureau of Employment Services. In
addition to these oversight functions, the work force development 57,885
board through the State of Ohio and local partners shall provide 57,886
planning and coordination related to all vocational, educational, 57,887
and employment and training programs requiring coordination under 57,888
the WIA within the county. The local board of county 57,890
commissioners or other local elected officials shall perform the 57,891
administrative functions for the local initiatives and provide
monthly information to the Directors of ODHS and OBES concerning 57,892
the operational issues, services, finances, and performance 57,893
measures that must be correctly addressed for successful 57,894
implementation of the Work Force Investment Act.
Section 108. Adult Emergency Assistance Program 57,896
Appropriations in appropriation item 400-512, Non-TANF 57,898
Emergency Assistance, in fiscal year 2000 and appropriations in 57,900
appropriation item 600-512, Non-TANF Emergency Assistance, in 57,901
fiscal year 2001 shall be used for the Adult Emergency Assistance 57,902
Program established under section 5101.86 of the Revised Code. 57,903
1249
Section 109. Expenditure of Funds 57,905
Any moneys which the Controlling Board authorizes for 57,907
expenditure pursuant to section 131.35 of the Revised Code are 57,908
hereby appropriated for the period ending June 30, 2001. 57,909
Section 110. Unexpected Refunds 57,911
Any refunds which the Controlling Board authorizes pursuant 57,913
to section 131.39 of the Revised Code are hereby appropriated for 57,914
the period ending June 30, 2001. 57,915
Section 111. Personal Service Expenses 57,917
Unless otherwise prohibited by law, each appropriation in 57,919
this act from which personal service expenses are paid shall bear 57,920
the employer's share of public employees' retirement, workers' 57,921
compensation, disabled workers' relief, and all group insurance 57,922
programs; the costs of centralized accounting, centralized 57,923
payroll processing, and related personnel reports and services; 57,924
the cost of the Office of Collective Bargaining; the cost of the 57,925
Personnel Board of Review; the cost of the Employee Assistance 57,926
Program; the cost of the Equal Opportunity Center; the costs of 57,927
interagency information management infrastructure; and the cost 57,928
of administering the state employee merit system as required by 57,929
section 124.07 of the Revised Code. Such costs shall be 57,930
determined in conformity with appropriate sections of law and 57,931
paid in accordance with procedures specified by the Office of 57,932
Budget and Management. Expenditures from appropriation item 57,933
070-601, Public Audit Expense - Local Government, in Fund 422 may 57,934
be exempt from the requirements of this section. 57,935
Section 112. Reissuance of Voided Warrants 57,937
In order to provide funds for the reissuance of voided 57,939
warrants pursuant to section 117.47 of the Revised Code, there is 57,940
hereby appropriated, out of moneys in the state treasury from the 57,941
fund credited as provided in section 117.47 of the Revised Code, 57,942
that amount sufficient to pay such warrants when approved by the 57,943
Office of Budget and Management. 57,944
Section 113.* Capital Project Settlements 57,946
1250
This section specifies an additional and supplemental 57,948
procedure to provide for payments of judgments and settlements if 57,949
the Director of Budget and Management determines, pursuant to 57,950
division (C)(4) of section 2743.19 of the Revised Code, that 57,951
sufficient unencumbered moneys do not exist in the particular 57,952
appropriation to pay the amount of a final judgment rendered 57,953
against the state or a state agency, including the settlement of 57,954
a claim approved by a court, in an action upon and arising out of 57,955
a contractual obligation for the construction or improvement of a 57,956
capital facility if the costs under such contract were payable in 57,957
whole or in part from a state capital projects appropriation. In 57,958
such a case, the director may either proceed pursuant to division 57,959
(C)(4) of section 2743.19 of the Revised Code, or apply to the 57,960
Controlling Board to increase an appropriation or create an 57,962
appropriation out of any unencumbered moneys in the state 57,963
treasury to the credit of the capital projects fund from which 57,964
the initial state appropriation was made. The Controlling Board 57,965
may approve or disapprove the application as submitted or 57,966
modified. The amount of an increase in appropriation or new 57,967
appropriation specified in an application approved by the 57,968
Controlling Board is hereby appropriated from the applicable 57,969
capital projects fund and made available for the payment of the 57,970
judgment or settlement.
If the director does not make the application authorized by 57,972
this section or the Controlling Board disapproves the 57,973
application, and the director does not make application pursuant 57,974
to division (C)(4) of section 2743.19 of the Revised Code, the 57,975
director shall for the purpose of making that payment request to 57,976
the General Assembly as provided for in division (C)(5) of that 57,977
section.
Section 114. Income Tax Distribution to Counties 57,979
There are hereby appropriated out of any moneys in the 57,981
state treasury to the credit of the General Revenue Fund, which 57,982
are not otherwise appropriated, funds sufficient to make any 57,983
1251
payment required by division (B)(2) of section 5747.03 of the 57,984
Revised Code. 57,985
Section 115. Satisfaction of Judgments and Settlements 57,987
Against the State 57,988
An appropriation contained in this act may be used for the 57,990
purpose of satisfying judgments or settlements in connection with 57,991
civil actions against the state in federal court not barred by 57,992
sovereign immunity or the Eleventh Amendment to the Constitution 57,993
of the United States, or for the purpose of satisfying judgments, 57,994
settlements, or administrative awards ordered or approved by the 57,995
Court of Claims in connection with civil actions against the 57,996
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 57,997
appropriations to be applied to or used for payment of guarantees 57,998
by or on behalf of the state, for or relating to lease payments 57,999
or debt service on bonds, notes, or similar obligations and those 58,000
from the Sports Facilities Building Fund (Fund 024), the Highway 58,001
Safety Building Fund (Fund 025), the Administrative Building Fund 58,002
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 58,003
Juvenile Correctional Building Fund (Fund 028), the 58,004
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 58,005
(Fund 031), the School Building Program Assistance Fund (Fund 58,006
032), the Mental Health Facilities Improvement Fund (Fund 033), 58,007
the Higher Education Improvement Fund (Fund 034), the Parks and 58,008
Recreation Improvement Fund (Fund 035), the State Capital 58,009
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 58,011
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 58,012
state to suit in any forum in which it is not otherwise subject 58,013
to suit, nor is it intended to waive or compromise any defense or 58,014
right available to the state in any suit against it. 58,015
Section 116.* Utility Radiological Safety Board 58,017
1252
Assessments
The maximum amounts that may be assessed against nuclear 58,019
electric utilities in accordance with division (B)(2) of section 58,020
4937.05 of the Revised Code are as follows: 58,021
FY 2000 FY 2001 58,023
Department of Agriculture 58,025
Fund 4E4 Utility Radiological 58,027
Safety $100,211 $99,733
Department of Health 58,030
Fund 610 Radiation Emergency 58,032
Response $920,982 $921,584 58,033
Environmental Protection Agency 58,036
Fund 644 ER Radiological Safety $183,380 $184,893 58,038
Emergency Management Agency 58,041
Fund 657 Utility Radiological 58,043
Safety $822,079 $806,339 58,044
Section 117. Occupational and Licensing Board Fund 58,047
Transfers
Notwithstanding any other provision of law to the contrary, 58,049
the Director of Budget and Management shall transfer any 58,050
remaining amounts of cash from the specified obsolete funds to 58,051
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 58,052
thirty days of the effective date of this section: State Board 58,053
of Cosmetology, Fund 4D3 Cosmetology Adjudication Fund. 58,054
Section 118. Lease Payments to OPFC, OBA, and Treasurer of 58,056
State
Certain appropriations are in this act for the purpose of 58,058
lease payments to the Ohio Public Facilities Commission, to the 58,060
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 58,063
by the Ohio Public Facilities Commission, the Ohio Building 58,064
Authority, or the Treasurer of State pursuant to the Ohio 58,067
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 58,068
1253
purpose, such amounts are hereby appropriated. 58,069
Section 119. State and Local Rebate Authorization 58,071
There is hereby appropriated, from those funds designated 58,073
by or pursuant to the applicable proceedings authorizing the 58,074
issuance of state obligations, amounts computed at the time to 58,075
represent the portion of investment income to be rebated or 58,076
amounts in lieu of or in addition to any rebate amount to be paid 58,077
to the federal government in order to maintain the exclusion from 58,078
gross income for federal income tax purposes of interest on those 58,079
state obligations pursuant to Section 148(f) of the Internal 58,080
Revenue Code. 58,081
Appropriations shall be posted and disbursed for these 58,083
purposes upon request and presentation of a voucher to the 58,084
Director of Budget and Management. 58,085
Section 120. Transfers of Cash and Outstanding Encumbrance 58,087
Balances
Any appropriation authority required by the Director of 58,089
Budget and Management to reestablish encumbrances in a fund or 58,090
appropriation item within an agency or between agencies pursuant 58,091
to section 126.15 of the Revised Code is hereby authorized and 58,092
appropriated.
Section 121. Federal Cash Management Improvement Act 58,094
Pursuant to the plan for compliance with the Federal Cash 58,096
Management Improvement Act required by section 131.36 of the 58,097
Revised Code, the Director of Budget and Management is authorized 58,098
to cancel and reestablish all or parts of encumbrances in like 58,099
amounts within the funds identified by the plan. Such amounts 58,100
necessary to reestablish all or parts of encumbrances are hereby 58,101
appropriated. 58,102
Section 122. Statewide Indirect Cost Recovery 58,104
Whenever the Director of Budget and Management determines 58,106
that an appropriation made to a state agency from a fund of the 58,107
state is insufficient to provide for the recovery of statewide 58,108
indirect costs pursuant to section 126.12 of the Revised Code, 58,109
1254
the amount required for such purpose is hereby appropriated from 58,110
the available receipts of such fund. 58,111
Section 123. Human Services Stabilization Fund Transfers 58,113
to Budget Stabilization Fund for Fiscal Year 2000 and Fiscal Year 58,114
2001
(A) Notwithstanding section 131.41 and division (B)(1)(a) 58,117
of section 131.44 of the Revised Code, no later than July 10, 58,118
1999, the Director of Budget and Management shall transfer from 58,119
the Human Services Stabilization Fund to the Budget Stabilization 58,120
Fund any amount necessary for the balance of the Budget 58,121
Stabilization Fund to equal five per cent of the General Revenue 58,123
Fund revenues of the preceding fiscal year. This transfer shall 58,124
be in lieu of the transfer that would otherwise have had to be 58,125
made from the General Revenue Fund, under division (B)(1)(a) of
section 131.44 of the Revised Code. 58,126
(B) Notwithstanding section 131.41 and division (B)(1)(a) 58,129
of section 131.44 of the Revised Code, no later than July 10, 58,130
2000, the Director of Budget and Management shall transfer from 58,131
the Human Services Stabilization Fund to the Budget Stabilization 58,132
Fund any amount necessary for the balance of the Budget 58,133
Stabilization Fund to equal five per cent of the General Revenue 58,135
Fund revenues of the preceding fiscal year. This transfer shall 58,136
be in lieu of the transfer that would otherwise have had to be 58,137
made from the General Revenue Fund, under division (B)(1)(a) of
section 131.44 of the Revised Code. 58,138
(C) In fiscal years 2000 and 2001, the investment earnings 58,140
on the first $100,000,000 of the balance in the Budget 58,141
Stabilization Fund shall be transferred by the Director of Budget 58,142
and Management to Fund 646, Low and Moderate Income Housing Trust 58,143
Fund. In each fiscal year, there shall be four transfers by the 58,144
Director of Budget and Management of the investment earnings to 58,145
the Low and Moderate Income Housing Trust Fund. The first such 58,146
transfer in each fiscal year shall be in October, after the first 58,147
quarter of investment earnings has been credited to the Budget 58,148
1255
Stabilization Fund. The second transfer in each fiscal year 58,149
shall be in January, after the second quarter of investment 58,150
earnings has been credited to the Budget Stabilization Fund. The 58,151
third transfer in each fiscal year shall be in April, after the 58,152
third quarter of investment earnings has been credited to the 58,153
Budget Stabilization Fund. The fourth transfer in each fiscal 58,154
year shall be in June, after the fourth quarter of investment 58,155
earnings has been credited to the Budget Stabilization Fund. 58,156
Section 124. Transfers of Fiscal Year 1999 GRF Ending 58,158
Balances
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 58,160
of section 131.44 of the Revised Code, fiscal year 1999 surplus 58,161
revenue shall be distributed as provided in division (B) of this 58,162
section.
(B)(1) The first $90,000,000 of such surplus revenue shall 58,164
be transferred from the General Revenue Fund to Fund 4Y4, the 58,166
SchoolNet Plus Fund, in the SchoolNet Commission. 58,168
(2) The next $325,700,000 of such surplus revenue shall be 58,170
transferred to Fund 021, the Public School Building Fund, and 58,172
such amount is hereby appropriated to item CAP-622, Public School 58,174
Buildings, in the School Facilities Commission. Such 58,175
appropriation shall become available on the ninety-first day
after this act is filed with the Secretary of State. The School 58,176
Facilities Commission may set aside up to twenty per cent of such 58,177
appropriation for the pilot program for low wealth school 58,179
districts with exceptional needs for immediate classroom facility 58,180
assistance that is described in division (B) of Section 26 of Am.
Sub. H.B. 850 of the 122nd General Assembly. 58,181
(3) The next $15,600,000 of such surplus revenue shall be 58,183
transferred to Fund 5E2, Disaster Services, within the 58,184
Controlling Board. Of this amount, $5,000,000 shall ultimately 58,185
be transferred to the Department of Natural Resources, to be used 58,186
for statewide flood mitigation projects. Up to $3,000,000 shall 58,187
be used for reimbursing local governments for costs associated 58,188
1256
with tornado disaster relief in Hamilton and Warren Counties. 58,189
(4) The next $12,000,000 of such surplus revenue shall be 58,191
transferred to Fund 5D3, the High Definition Television Fund, 58,192
which is hereby created in the state treasury. Moneys in this 58,193
fund, which shall be administered by the Ohio Educational 58,194
Telecommunications Network Commission, shall be used only for 58,195
purchases of transmitter hardware. 58,196
(5) The next $9,000,000 of such surplus revenue shall be 58,198
transferred to Fund 4N4 for the purpose of providing local 58,199
matching dollars for federal grants for public transportation. 58,200
(6) Any surplus revenue in excess of the amounts 58,202
distributed under divisions (B)(1) to (5) of this section shall 58,203
be transferred to the Income Tax Reduction Fund in accordance 58,204
with section 131.44 of the Revised Code.
Section 125. Transfers of Fiscal Year 2000 GRF Ending 58,206
Balances
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 58,208
of section 131.44 of the Revised Code, fiscal year 2000 surplus 58,209
revenue shall be distributed as provided in division (B) of this 58,210
section.
(B)(1) The first $4,400,000 of such surplus revenue shall 58,212
be transferred from the General Revenue Fund to Fund 5E2, 58,213
Disaster Services, within the Controlling Board. 58,214
(2) The next $9,000,000 of such surplus revenue shall be 58,216
transferred to Fund 002, the Highway Operating Fund, for the 58,217
purpose of providing local matching dollars for federal grants 58,218
for public transportation.
(3) The next $10,000,000 of such surplus revenue shall be 58,220
transferred to Fund 4Y4, SchoolNet Plus. This money shall be 58,221
used for distance learning projects. 58,222
(4) Any surplus revenue in excess of the amounts 58,224
distributed under divisions (B)(1) to (3) of this section shall 58,225
be transferred to the Income Tax Reduction Fund in accordance 58,226
with section 131.44 of the Revised Code. 58,227
1257
Section 126. GRF Transfers on Behalf of the Statewide 58,229
Indirect Cost Allocation Plan 58,230
The total transfers made from the General Revenue Fund by 58,232
the Director of Budget and Management pursuant to this section 58,234
shall not exceed the amounts transferred into the General Revenue 58,236
Fund pursuant to division (B) of section 126.12 of the Revised 58,238
Code.
A director of an agency may certify to the Director of 58,240
Budget and Management the amount of expenses not allowed to be 58,241
included in the Statewide Indirect Cost Allocation plan pursuant 58,242
to federal regulations, from any fund included in the Statewide 58,243
Indirect Cost Allocation plan, prepared as required by section 58,244
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 58,247
available to pay for such expenses, the Director of Budget and 58,248
Management may transfer from the General Revenue Fund into the 58,249
fund for which the certification is made, up to the amount of the 58,250
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 58,251
pursuant to section 126.02 of the Revised Code, a request for 58,252
funding for such activities from an alternative source such that 58,253
further federal disallowances would not be required. 58,254
The Director of Administrative Services may certify to the 58,256
Director of Budget and Management the amount of building rent 58,257
expense or building debt service expense paid by state agencies 58,258
from funds other than the General Revenue Fund to the General 58,259
Revenue Fund which is not an allowed cost for reimbursement under 58,260
federal grant programs. The Director of Budget and Management
may refund the amount of the disallowed cost from the General 58,261
Revenue Fund to either the fund from which the payment was 58,262
originally made or the federal grantor agency, as appropriate. 58,263
If additional appropriations are required to make such refunds, 58,264
the amounts are hereby appropriated.
Section 127. Reappropriation of Unexpended Balances for 58,266
1258
Certain Operating Expenses Encumbered Prior to Close of Fiscal 58,267
Year
An unexpended balance of an appropriation or 58,269
reappropriation that a state agency has lawfully encumbered prior 58,270
to the close of a fiscal year is hereby reappropriated on the 58,271
first day of July of the following fiscal year from the fund from 58,272
which it was originally appropriated or reappropriated for the 58,273
following period and shall remain available only for the purpose 58,274
of discharging the encumbrance:
(A) For an encumbrance for an operating expense, for a 58,276
period of not more than five months from the end of the fiscal 58,277
year. For the purposes of this section, an "operating expense" 58,278
is an encumbrance incurred for personal services, maintenance, 58,279
equipment, or items for resale, other than an encumbrance for an 58,280
item of special order manufacture not available on term contract 58,281
or in the open market or for reclamation of land or oil and gas
wells. 58,282
(B) For an encumbrance for an item of special order 58,284
manufacture not available on term contract or in the open market, 58,285
for a period of not more than five months from the end of the 58,286
fiscal year or, with the written approval of the Director of 58,287
Budget and Management, for a period of not more than twelve 58,288
months from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and 58,290
gas wells, for a period ending when the encumbered appropriation 58,291
is expended;
(D) For an encumbrance for any other expense, other than a 58,293
capital expense and other than an encumbrance set out in division 58,294
(A), (B), or (C) of this section, for such period as the director 58,295
approves.
Any items for which unexpended balances are reappropriated 58,297
beyond a five-month period from the end of the fiscal year, 58,298
pursuant to division (B) of this section, shall be reported to 58,299
the Controlling Board by the Director of Budget and Management by 58,300
1259
the thirty-first day of December of each year. The report on 58,301
each such item shall include the item, the cost of the item, the 58,302
vendor involved, and the reappropriation period approved by the 58,303
director. Such report to the board shall be updated on a
quarterly basis for encumbrances remaining open. 58,304
Upon the expiration of the reappropriation period set out 58,306
in division (A), (B), (C), or (D) of this section, a 58,308
reappropriation made pursuant to this section shall lapse, and 58,309
the Director of Budget and Management shall cancel such
encumbrance no later than the end of the weekend following the 58,310
expiration of the reappropriation period. 58,311
If the Controlling Board has approved a contract upon which 58,313
an encumbrance that is the subject of this section is based, that 58,314
approval remains valid as long as the encumbrance remains open 58,315
pursuant to this section and the agency need not return to the 58,316
board for a new approval.
Section 128. Federal Government Interest Requirements 58,318
Notwithstanding any provision of law to the contrary, on or 58,320
before the first day of September of each fiscal year, the 58,321
Director of Budget and Management, in order to reduce the payment 58,322
of adjustments to the federal government, as determined by the 58,323
plan prepared pursuant to division (A) of section 126.12 of the 58,324
Revised Code, may designate such funds as the director considers 58,325
necessary to retain their own interest earnings.
Section 129. Moratorium for New MR/DD Residential Facility 58,327
Beds
(A) During the period beginning July 1, 1999, and ending 58,329
June 30, 2001, the Department of Mental Retardation and 58,330
Developmental Disabilities shall not issue development approval 58,331
for, nor license under section 5123.19 of the Revised Code, new 58,332
residential facility beds for persons with mental retardation or 58,333
developmental disabilities, except that the department may 58,334
approve the development or licensure, or both, of such new beds 58,335
in an emergency. The department shall adopt rules in accordance
1260
with Chapter 119. of the Revised Code specifying what constitutes 58,336
an emergency for the purposes of this section. 58,337
(B) For the purposes of division (A) of this section, the 58,339
following shall not be considered new beds: 58,340
(1) Beds relocated from one facility to another, if the 58,342
facility from which the beds are relocated reduces the number of 58,343
its beds by the same number of beds that are relocated to the 58,344
other facility;
(2) Beds to replace others that the Director of Health 58,346
determines no longer comply with the standards of the Medical 58,347
Assistance Program established under Chapter 5111. of the Revised 58,348
Code and Title XIX of the "Social Security Act," 49 Stat. 620 58,350
(1935), 42 U.S.C.A. 301, as amended.
Section 130. The Auditor of State shall serve as financial 58,352
supervisor to any financial planning and supervision commission 58,353
established pursuant to section 118.05 of the Revised Code on or 58,354
after the effective date of this section and as financial 58,355
supervisor to any financial planning and supervision commission 58,356
established pursuant to that section before that date upon the 58,357
termination of any existing contract with a firm of certified 58,358
public accountants approved by the Controlling Board as 58,359
authorized by division (G) of that section before its amendment 58,360
by this act.
Section 131. (A) The Director of Commerce shall prepare a 58,363
report that analyzes both of the following: 58,364
(1) The total amount of unclaimed funds collected by the 58,366
Department of Commerce over a period of at least six months; 58,367
(2) What portion of that amount represents unclaimed funds 58,369
resulting from business to business transactions. 58,370
For purposes of this section, "business to business 58,373
transactions" includes, but is not limited to, outstanding credit 58,374
balances, checks or memoranda, overpayments for goods or 58,375
services, unidentified remittances, nonrefunded overcharges, 58,376
accounts receivable, discounts, refunds, and rebates. 58,377
1261
(B) To facilitate the collection of the necessary data, 58,379
the Director may adopt rules establishing the methods by which 58,380
the Department is to separately identify those unclaimed funds 58,381
that are the result of business to business transactions. 58,382
(C) Not later than January 1, 2001, the Director shall 58,384
submit a copy of the report to the Governor, the Speaker and 58,385
Minority Leader of the House of Representatives, and the 58,387
President and Minority Leader of the Senate.
Section 132.* Licensing of Mental Health Residential 58,389
Facilities
The amendment of section 5119.22 of the Revised Code by 58,391
this act, which provides for two-year full licenses to be issued 58,392
to residential facilities by the Department of Mental Health, 58,393
does not affect the expiration date of a full license that was 58,394
issued before the effective date of this section. On and after 58,395
the effective date of this section, the department shall renew
full licenses originally issued prior to the effective date of 58,396
this section for a two-year period in accordance with the 58,397
amendment of section 5119.22 of the Revised Code by this act. 58,398
Section 133. The jurisdiction, including all control and 58,400
supervision, over the state-owned building located at 25 South 58,401
Front Street, Columbus, Ohio, is hereby transferred from the Ohio 58,402
Department of Transportation to the Department of Administrative 58,403
Services.
Section 134. The amendments to section 3109.18 of the 58,405
Revised Code by this act shall not affect the term of any member 58,407
of a child abuse and child neglect advisory board serving on the 58,408
effective date of this section. Vacancies on the board shall be 58,409
filled in accordance with section 3109.18 of the Revised Code. 58,410
Section 135. Upon finalization of the dejournalization 58,412
process, as established by the Ohio Department of Transportation, 58,413
jurisdiction, including all control and supervision, over all 58,414
real estate purchased by the State of Ohio in conjunction with 58,415
the Colerain Connector Project, otherwise known as HAM-127-5,47, 58,416
1262
is hereby transferred from the Ohio Department of Transportation 58,417
to the City of Cincinnati. The City of Cincinnati shall use this 58,418
real estate for a public purpose. If the City of Cincinnati 58,419
ceases to use the real estate for a public purpose, all right, 58,420
title, and interest in the real estate shall immediately revert 58,421
to the Ohio Department of Transportation without need for further 58,422
action by the Ohio Department of Transportation. 58,423
Section 136.* All items set forth in this section are 58,425
hereby appropriated out of any moneys in the state treasury to 58,426
the credit of the Administrative Building Fund (Fund 026). 58,428
Revenues of the Administrative Building Fund shall consist of 58,430
proceeds of obligations authorized to pay the costs of capital 58,431
facilities, as defined in section 152.09 of the Revised Code, for 58,432
the following improvements:
OVH OHIO VETERANS' HOME 58,433
CAP-759 Veterans' Home Construction $ 4,200,000 58,436
Total Ohio Veterans' Home $ 4,200,000 58,438
Total Administrative Building Fund $ 4,200,000 58,440
Veterans' Home Construction 58,443
Upon notification of the availability of a federal 58,445
Department of Veterans Affairs state home construction grant, the 58,446
Ohio Veterans' Home may seek authority from the Controlling Board 58,448
for release of funds in the foregoing appropriation item, 58,449
CAP-759, Veterans' Home Construction, to assist with the cost of 58,450
construction of an additional state-operated, 168-bed veterans' 58,451
home. 58,452
Expenditures from appropriations contained in this act 58,454
shall be accounted for as though made in Am. Sub. H.B. 850 of the 58,455
122nd General Assembly. The appropriations made in this act are 58,456
subject to all provisions of Am. Sub. H.B. 850 of the 122nd 58,457
General Assembly that are generally applicable to such 58,458
appropriations.
Section 137.* The Ohio Building Authority is hereby 58,460
authorized to issue and to sell, in accordance with the 58,461
1263
provisions of Section 2I of Article VIII, Ohio Constitution, and 58,463
Chapter 152. and other applicable sections of the Revised Code, 58,464
original obligations in an additional principal amount of 58,465
$4,200,000, in addition to the original issuance of obligations 58,466
heretofore authorized by prior acts of the General Assembly to 58,467
pay costs associated with previously authorized capital 58,468
facilities, the owners or holders of which shall have no right to 58,469
have excises or taxes levied by the General Assembly for the 58,470
payment of principal or interest thereon. 58,471
Section 138. Sunset of Hospital Care Assurance Program 58,473
That Section 153 of Am. Sub. H.B. 117 of the 121st General 58,475
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General 58,476
Assembly, be amended to read as follows: 58,477
"Sec. 153. (A) Section 5112.20 of the Revised Code is 58,479
hereby repealed, effective July 1, 1997. Sections 5112.01, 58,480
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 58,482
5112.10, 5112.11, 5112.18, 5112.19, 5112.21, and 5112.99 of the 58,483
Revised Code, as enacted by Am. Sub. H.B 117 of the 121st General 58,485
Assembly, are hereby repealed, effective July 1, 1999 2001. 58,486
(B) Any money remaining in the Legislative Budget Services 58,488
Fund on July 1, 1999 2001, the date that section 5112.19 of the 58,489
Revised Code is repealed by division (A) of this section, shall 58,491
be used solely for the purposes stated in THEN FORMER section 58,492
5112.19 of the Revised Code. When all money in the Legislative 58,495
Budget Services Fund has been spent after THEN FORMER section 58,496
5112.19 of the Revised Code is repealed under division (A) of 58,498
this section, the fund shall cease to exist." 58,499
Section 139. That existing Section 153 of Am. Sub. H.B. 58,501
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 58,503
215 of the 122nd General Assembly, is hereby repealed. 58,504
Section 140. That Section 3 of Am. Sub. H.B. 440 of the 58,506
121st General Assembly, as amended by Am. Sub. H.B. 621 of the 58,507
122nd General Assembly, be amended to read as follows: 58,508
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 58,510
1264
122.27 of the Revised Code are hereby repealed, effective June 58,511
30, 1999 2001." 58,512
Section 141. That existing Section 3 of Am. Sub. H.B. 440 58,514
of the 121st General Assembly, as amended by Am. Sub. H.B. 621 of 58,515
the 122nd General Assembly, is hereby repealed. 58,516
Section 142. That Section 3 of Am. Sub. H.B. 621 of the 58,518
122nd General Assembly be amended to read as follows: 58,519
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, 58,521
and 901.83 of the Revised Code are hereby repealed, effective 58,522
June 30, 1999 JULY 1, 2001." 58,523
Section 143. That existing Section 3 of Am. Sub. H.B. 621 58,525
of the 122nd General Assembly is hereby repealed. 58,526
Section 144. That Section 3 of Sub. H.B. 694 of the 122nd 58,528
General Assembly be amended to read as follows: 58,529
"Sec. 3. The amendment by this act SUB. H.B. 694 OF THE 58,532
122nd GENERAL ASSEMBLY of sections 5715.13 and 5715.19 of the 58,533
Revised Code is remedial legislation and applies to any complaint 58,534
that was timely filed under either of those sections respecting 58,535
valuations for tax year 1994, 1995, 1996, or 1997, and to 58,536
complaints filed for tax years 1998 and thereafter. 58,537
Notwithstanding division (A)(2) of section 5715.19 of the Revised 58,538
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 58,539
a complaint for tax year 1994, 1995, 1996, or 1997 may file a 58,540
complaint under those sections, as amended by this act, on or 58,541
before March 31, 1999 2000, respecting valuations for tax year 58,542
1994, 1995, 1996, 1997, or 1998, and the board of revision shall 58,543
proceed to hear the complaint as otherwise provided under Chapter 58,544
5715. of the Revised Code." 58,545
Section 145. That existing Section 3 of Sub. H.B. 694 of 58,547
the 122nd General Assembly is hereby repealed. 58,548
Section 146.* That Sections 3.01, 3.03, 21, and 30.25 of 58,550
Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 58,551
read as follows:
1265
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 58,554
CAP-785 Rural Areas Historical Projects $ 440,000 58,557
CAP-786 Rural Areas Community Improvements $ 5,315,000 58,559
6,639,618 58,561
CAP-817 Urban Areas Community Improvements $ 12,508,150 58,563
14,708,150 58,565
CAP-818 Community Theatre Renovations $ 400,000 58,567
Total Department of Administrative Services $ 18,663,150 58,569
22,172,768 58,571
Rural Areas Historical Projects 58,574
Of the foregoing appropriation item CAP-785, Rural Areas 58,576
Historical Projects, $100,000 shall be used for Hancock County 58,577
Historical Society Facility Improvements; $40,000 shall be used 58,578
for Harveysburg Community Historic Society; $50,000 shall be used 58,580
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 58,581
Historic Site Improvements; and $50,000 shall be used for Elmore 58,582
Historical Society. 58,583
Rural Areas Community Improvements 58,585
Of the foregoing appropriation item CAP-786, Rural Areas 58,587
Community Improvements, $100,000 shall be used for Hocking Valley 58,589
Railroad Improvements; $50,000 shall be used for Belmont County 58,590
Park District - Convention Center; $70,000 shall be used for 58,591
Aberdeen Huntington Community Center; $100,000 shall be used for 58,592
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 58,593
for Clinton County Senior Center; $150,000 shall be used for 58,594
Coshocton Infrastructure Improvements; $200,000 shall be used for 58,595
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 58,596
for Warsaw Community Improvements; $100,000 shall be used for 58,597
Washington Court House Downtown Redevelopment; $80,000 shall be 58,598
used for Gallia County Industrial Park Improvements; $150,000 58,599
shall be used for Desmond Hall Industrial Park; $100,000 shall be 58,600
used for Kenton Armory Improvements; $162,000 shall be used for 58,601
Sinking Springs Infrastructure Improvements; $20,000 shall be 58,602
1266
used for Laurelville Community Improvements; $16,000 shall be 58,603
used for Gibisonville Community Recreation Center Improvements; 58,604
$150,000 shall be used for Holmes County Historic Building 58,605
Improvements; $500,000 shall be used for Davis-Shai House 58,606
Historical Site; $100,000 shall be used for Maritime Museum in 58,607
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 58,608
Restoration; $90,000 shall be used for Big Island Nature Center 58,609
Improvements; $300,000 shall be used for Medina County Arts 58,610
Center Improvements; $142,000 shall be used for Graysville 58,611
Community Center; $49,000 shall be used for Roseville Community 58,612
Center Improvements; $100,000 shall be used for South Zanesville 58,613
Community Improvements; $20,000 shall be used for Corning 58,614
Community Center; $50,000 shall be used for Waverly Community 58,615
Improvements; $20,000 shall be used for Garrettsville Veterans 58,616
Memorial; $6,000 shall be used for Palmyra Township Veterans 58,617
Memorial; $100,000 shall be used for Deerfield Township Hall 58,618
Civic Improvements; $35,000 shall be used for Preble County 58,619
Coliseum Planning; $300,000 shall be used for Richland Academy of 58,621
Arts and Sciences Discovery Center; $50,000 shall be used for 58,622
Village of Pleasant Plain Community Improvements; $48,000 shall 58,623
be used for Village of South Lebanon Infrastructure Improvements; 58,625
$41,000 shall be used for Rehabilitate Senior Housing - 58,626
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 58,627
Belpre; $100,000 shall be used for New Matamoras Senior Center; 58,628
$25,000 shall be used for West Salem Town Hall Improvements; 58,629
$40,000 shall be used for Pemberville Opera House Restoration; 58,630
$40,000 shall be used for Grand Rapids Village Hall Restoration; 58,631
$500,000 shall be used for Liberty Commons Infrastructure Project 58,632
- Lima; $50,000 shall be used for Village of Morrow 58,633
Infrastructure Improvements; $100,000 shall be used for Fairfield 58,634
City Cultural Center; $63,000 shall be used for Sunbury Town 58,635
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 58,636
used for Ft. Steuben Land Office; $100,000 shall be used for 58,637
1267
Columbiana County Port Authority; $25,000 shall be used for Noble 58,638
County Senior Center; $25,000 shall be used for Crawford County 58,639
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 58,640
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; $250,000 SHALL BE USED 58,641
FOR BELMONT COUNTY PARK DISTRICT INFRASTRUCTURE IMPROVEMENTS; 58,643
$200,000 SHALL BE USED FOR COSHOCTON COUNTY NORTH CORRIDOR 58,645
INFRASTRUCTURE IMPROVEMENTS; $100,000 SHALL BE USED FOR THE 58,646
HOLMES COUNTY HISTORIC BUILDING RENOVATION; $125,000 SHALL BE 58,647
USED FOR THE SUMMIT TOWNSHIP COMMUNITY BUILDING IN MONROE COUNTY; 58,649
$100,000 SHALL BE USED FOR MORGAN COUNTY INFRASTRUCTURE 58,650
IMPROVEMENTS; $100,000 SHALL BE USED FOR THE MUSKINGUM COUNTY 58,651
EMERGENCY SHELTER ADDITION; $100,000 SHALL BE USED FOR NOBLE 58,652
COUNTY INFRASTRUCTURE IMPROVEMENTS; $42,618 SHALL BE USED FOR THE 58,653
HIGHLAND COUNTY IMPROVEMENT PROJECT; $100,000 SHALL BE USED FOR 58,655
MARIETTA CITY SCHOOLS ATHLETIC FACILITIES IMPROVEMENTS; $15,000 58,656
SHALL BE USED FOR BELMONT COUNTY MUSEUM IMPROVEMENTS; $15,000 58,658
SHALL BE USED FOR THE GUERNSEY COUNTY SENIOR CENTER; $7,000 SHALL 58,660
BE USED FOR CAMP TUSCAZOAR; $50,000 SHALL BE USED FOR NEW BOSTON 58,661
INFRASTRUCTURE IMPROVEMENTS; $10,000 SHALL BE USED FOR GALLIPOLIS 58,662
MAIN STREET IMPROVEMENTS; $10,000 SHALL BE USED FOR THE PICKAWAY 58,664
COUNTY LIBRARY/ASHVILLE PROJECT; $100,000 SHALL BE USED FOR THE 58,665
JOHN AND ANNIE GLENN MUSEUM; and $300,000 shall be used for 58,667
Zahn's Corner Industrial Park.
Urban Areas Community Improvements 58,669
Of the foregoing appropriation item CAP-817, Urban Areas 58,671
Community Improvements, $200,000 shall be used for Clermont 58,672
County Communications Center; $50,000 shall be used for The Civic 58,674
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 58,675
Planning; $25,000 shall be used for Friendly Center Renovations; 58,676
$5,000 shall be used for Toledo Golden Gloves - Equipment; 58,677
$50,000 shall be used for Sylvania Historical Society Building 58,678
Improvements; $50,000 shall be used for Toledo International 58,679
1268
Youth Hostel Renovations; $100,000 shall be used for Fellows 58,680
Gardens - Mill Creek Park Improvements; $100,000 shall be used 58,681
for Weathervane Playhouse Addition; $100,000 shall be used for 58,682
Akron/Summit Community Action Agency Facility Improvements; 58,683
$136,000 shall be used for Akron Community Health Resources Inc. 58,684
Facility Improvements; $75,000 shall be used for Farmington 58,685
Senior Center Improvements; $85,000 shall be used for President 58,686
McKinley Home Site improvements; $187,150 shall be used for 58,687
Shaker Historical Museum; $400,000 shall be used for Solon 58,688
Community Arts Center; $25,000 shall be used for Orange Senior 58,689
Center; $75,000 shall be used for Cincinnati Jewish Community 58,691
Center; $1,000,000 shall be used for Lincoln Heights Health 58,692
Center Improvements; $500,000 shall be used for Cook's Castle 58,693
Renovation; $40,000 shall be used for Toledo Jewish Community 58,694
Center; $100,000 shall be used for Youngstown Jewish Community 58,695
Center; $1,500,000 shall be used for Youngstown Parking Facility; 58,696
$150,000 shall be used for Canton Jewish Community Center; 58,697
$2,000,000 shall be used for Wilderness Center Facility 58,698
Improvements; $100,000 shall be used for Project AHEAD Facility 58,699
Improvements; $50,000 shall be used for Sagamore Hills Historical 58,700
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 58,701
Gardens; $250,000 shall be used for NEC World Series of Golf 58,702
Media Facility; $50,000 shall be used for Richfield Historic 58,703
District Improvements; $100,000 shall be used for Ohio Erie 58,704
Heritage Corridor Improvements; $150,000 shall be used for Hale 58,705
Farm Improvements; $1,750,000 shall be used for Wood County 58,706
Historic Building Renovation; $500,000 shall be used for 58,707
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall FIRE STATION; $50,000 shall be used for 58,708
City of University Heights Community Senior Center; $75,000 shall 58,710
be used for the J. Frank-Troy Senior Citizens Center; $50,000 58,711
shall be used for the Cleveland Health Museum; $50,000 shall be 58,712
used for the City of Euclid Land Purchase; $25,000 shall be used
for the Mahoning River Corridor of Opportunity Industrial Park; 58,713
1269
$25,000 shall be used for University Heights Senior Citizen 58,714
Center Public Library; $50,000 shall be used for Columbus Fire 58,715
Museum; $50,000 shall be used for League Park Tourist Museum; 58,716
$100,000 shall be used for Mustill Store Exhibits in Cascade 58,717
Valley Park; and $30,000 shall be used for Warren Airport Runway 58,718
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 58,720
Community Improvements, $300,000 shall be used for Columbus 58,721
Family and Child Guidance Centers; $360,000 shall be used for 58,722
Central Community House; $180,000 shall be used for St. John 58,723
Center; $500,000 SHALL BE USED FOR THE AKRON ART MUSEUM 58,725
EXPANSION; $100,000 SHALL BE USED FOR THE CINCINNATI MUSEUM 58,726
CENTER; $500,000 SHALL BE USED FOR THE SANDUSKY STATE THEATER; 58,727
$275,000 SHALL BE USED FOR RIVER WALK IN WARREN; $150,000 SHALL 58,728
BE USED FOR THE AMVETS CAREER CENTER; $125,000 SHALL BE USED FOR 58,730
THE CANTON PALACE THEATER ASSOCIATION; $500,000 SHALL BE USED FOR 58,734
THE CLEVELAND-MASSILLON ECONOMIC DEVELOPMENT PROJECT; $800,000 58,735
SHALL BE USED FOR THE COLUMBUS COLLEGE OF ART AND DESIGN; 58,737
$300,000 SHALL BE USED FOR THE STARLIGHT GATEWAY COLLABORATIVE; 58,738
$40,000 SHALL BE USED FOR THE LUCAS COUNTY OTTAWA COALITION 58,740
PROGRAM; $40,000 SHALL BE USED FOR THE LUCAS COUNTY GRACE 58,741
COMMUNITY CENTER; $40,000 SHALL BE USED FOR THE LUCAS COUNTY 58,742
FRIENDLY CENTER; $40,000 SHALL BE USED FOR THE LUCAS COUNTY 58,744
COLLINGWOOD ARTS PROGRAM; $40,000 SHALL BE USED FOR THE LUCAS 58,746
COUNTY COMMON SPACE PROGRAM; $50,000 SHALL BE USED FOR THE ELIZA 58,747
BRYANT SENIOR CENTER; and $60,000 shall be used for Wesley 58,749
Community Development Corporation. 58,750
Community Theatre Renovations 58,752
Of the foregoing appropriation item CAP-818, Community 58,754
Theatre Renovations, $100,000 shall be used for Cleveland Public 58,755
Theatre Improvements - Gordon Square; $125,000 shall be used for 58,756
Ariel Theatre Renovation; $125,000 shall be used for Markay 58,757
Theatre Renovations; and $50,000 shall be used for Lorain Palace 58,758
Theatre Improvements. 58,759
1270
Sec. 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 58,762
CAP-047 Cincinnati Classical Music Hall of 58,765
Fame $ 300,000 58,766
CAP-050 Columbus Art Museum Facility Planning $ 250,000 58,768
CAP-053 Powers Auditorium Improvements $ 250,000 58,770
CAP-054 Dayton Performing Arts Center - 58,771
Planning and Phase I $ 250,000 58,772
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 58,774
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 58,776
CAP-062 Akron Art Museum - Planning $ 100,000 58,778
CAP-063 ROBINS THEATRE PROJECT $ 50,000 58,781
CAP-799 CAPITOL CITY EXHIBIT FEASIBILITY $ 50,000 58,784
Total Arts And Sports Facilities Commission $1,825,000 58,786
1,925,000 58,788
Sec. 21. All items set forth in this section are hereby 58,792
appropriated out of any moneys in the state treasury to the 58,793
credit of the Arts Facilities Building Fund (Fund 030). Revenues 58,795
to the Arts Facilities Building Fund shall consist of proceeds of 58,796
obligations authorized to pay costs of the following capital 58,797
improvements:
Appropriations 58,798
AFC ARTS FACILITIES COMMISSION 58,799
CAP-001 National Aviation Hall of Fame $ 1,100,000 58,802
CAP-004 Valentine Theatre $ 3,500,000 58,804
CAP-005 Center for Science and Industry - 58,805
Columbus $ 5,500,000 58,806
CAP-010 Sandusky State Theatre Improvements $ 500,000 58,808
CAP-013 Stambaugh Hall Improvements $ 625,000 58,810
CAP-033 Woodward Opera House Renovation $ 250,000 58,812
CAP-037 Canton Palace Theatre Renovations $ 800,000 58,814
CAP-044 National Underground Railroad Freedom 58,815
Center $ 500,000 58,816
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 58,818
CAP-046 Cincinnati Museum Center Improvements $ 525,000 58,820
1271
CAP-048 John and Annie Glenn Museum $ 600,000 58,822
500,000 58,823
CAP-049 Ohio Theatre Improvements $ 3,000,000 58,825
CAP-051 Akron Civic Theatre Improvements $ 600,000 58,827
CAP-052 Akron Art Museum $ 1,000,000 58,829
CAP-055 WACO Museum and Aviation Learning 58,830
Center $ 500,000 58,831
CAP-056 Ohio Center of Agriculture and 58,832
Industrial Technology Heritage Center $ 3,500,000 58,834
CAP-058 Cedar Bog Nature Preserve Education 58,835
Center $ 1,000,000 58,836
CAP-061 Statewide Arts Facilities Planning $ 500,000 58,838
CAP-063 Robins Theatre Project $ 50,000 58,840
CAP-702 Campus Martius Museum Renovations $ 140,000 58,842
CAP-734 Hayes Presidential Center - Museum and 58,843
Home Improvements $ 1,000,000 58,844
CAP-735 Paul Lawrence Dunbar House $ 100,000 58,846
CAP-741 Adena State Memorial Renovations $ 350,000 58,848
CAP-742 Ft. Meigs Museum and Exhibit 58,849
Improvements $ 2,960,000 58,850
CAP-744 Zoar Village Visitor Center and 58,851
Building Renovations $ 875,000 58,852
CAP-753 Buffington Island State Memorial 58,853
Improvements $ 100,000 58,854
CAP-757 Schoenbrunn Village Restoration and 58,855
Renovations $ 211,000 58,856
CAP-758 Ft. Laurens Building and Site 58,857
Improvements $ 100,000 58,858
CAP-770 Serpent Mound State Memorial 58,859
Improvements $ 295,000 58,860
CAP-780 Harding Home State Memorial 58,861
Restorations $ 390,000 58,862
CAP-781 Historical Center - Archives and 58,863
Library Automation $ 450,000 58,864
1272
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 58,866
CAP-788 Tallmadge Church Building Restoration $ 250,000 58,868
CAP-789 Neil Armstrong Air and Space Museum 58,869
Improvements $ 315,000 58,870
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 58,872
CAP-795 Local and Wide-area Networks $ 300,000 58,874
CAP-796 Moundbuilders State Memorial 58,875
Improvements $ 530,000 58,876
CAP-797 National Afro-American Museum 58,877
Improvements $ 300,000 58,878
CAP-798 Multi-Site Fire and Security System 58,879
Improvements $ 100,000 58,880
CAP-799 Capitol City Exhibit Feasibility $ 50,000 58,882
CAP-800 Indian Mill State Memorial 58,883
Improvements $ 112,000 58,884
Total Arts Facilities Commission $37,294,000 58,886
34,094,000 58,888
Total Arts Facilities Building Fund $37,294,000 58,890
34,094,000 58,892
Center for Science and Industry-Columbus 58,895
Of the foregoing appropriation item CAP-005, Center for 58,897
Science and Industry-Columbus, $5,000,000 shall be used for the 58,898
John Glenn Theatre and $500,000 shall be used for AgScience 58,899
Experience Exhibits.
COSI-Columbus -- Local Administration of Capital Project 58,901
Contracts 58,902
Notwithstanding division (A) of section 3383.07 of the 58,904
Revised Code, the Ohio Arts and Sports Facilities Commission, 58,905
with respect to the foregoing appropriation item CAP-005, Center 58,906
for Science and Industry-Columbus, is authorized to administer 58,908
all or part of capital facilities project contracts involving 58,909
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 58,910
and Industry-Columbus, and the Ohio Arts and Sports Facilities 58,912
1273
Commission in review of the project plans. The Ohio Arts and 58,913
Sports Facilities Commission shall enter into a contract with the 58,914
Center of Science and Industry-Columbus to administer the exhibit 58,915
fabrication and installation contracts, which contracts are not
subject to Chapter 123. or 153. of the Revised Code. 58,916
Schoenbrunn Village Restoration and Renovations 58,918
Of the foregoing appropriation item CAP-757, Schoenbrunn 58,920
Village Restoration and Renovations, up to $30,000 shall be used 58,922
for safety improvements related to the New Philadelphia airport. 58,923
Ft. Laurens Building and Site Improvements 58,925
Of the foregoing appropriation item CAP-758, Ft. Laurens 58,927
Building and Site Improvements, $100,000 shall be used for the 58,928
full reconstruction of the site as formulated by the Friends of 58,929
Ft. Laurens Foundation.
Sec. 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 58,931
CAP-006 Basic Renovations $ 874,033 58,934
CAP-040 Building "D" Planning $ 1,500,000 58,936
CAP-041 Columbus College of Art and Design $ 100,000 58,938
CAP-049 OHIO THEATRE IMPROVEMENTS $ 3,000,000 58,942
Total Columbus State Community College $ 2,474,033 58,944
5,474,033"
Section 147.* That existing Sections 3.01, 3.03, 21, and 58,947
30.25 of Am. Sub. H.B. 850 of the 122nd General Assembly are 58,948
hereby repealed.
Section 148. That Section 3 of Am. Sub. H.B. 215 of the 58,950
122nd General Assembly, which contains a repeal of section 58,951
1751.68 of the Revised Code effective July 1, 1999, is hereby 58,952
repealed. The intent of this section is to remove the limitation 58,953
imposed by such repeal upon the continued existence of section 58,954
1751.68 of the Revised Code, which intent is not affected by the 58,955
rule of construction contained in section 1.57 of the Revised 58,956
Code. 58,957
Section 149.* (A) Section 50.48 of Am. Sub. H.B. 215 of 58,959
the 122nd General Assembly is hereby repealed. 58,960
1274
(B) The repeal of Section 50.48 of Am. Sub. H.B. 215 of 58,962
the 122nd General Assembly is in confirmation of an identical 58,963
repeal of the section by Am. Sub. H.B. 770 of the 122nd General 58,964
Assembly. Am. Sub. H.B. 770 properly repealed the section in its 58,965
body, but failed to indicate the repeal in its title.
Section 150.* That Section 25 of Am. Sub. H.B. 650 of the 58,967
122nd General Assembly is hereby repealed. 58,968
Section 151.* Section 17.03 of Am. Sub. H.B. 850 of the 58,970
122nd General Assembly is hereby repealed. 58,971
Section 152.* Section 1501.25 of the Revised Code is 58,973
hereby repealed, effective December 31, 2002. 58,974
Section 153.* (A) That section 101.64 of the Revised Code 58,976
is hereby repealed.
(B) The repeal by this act of section 101.64 of the 58,978
Revised Code is intended to confirm that such was the result 58,979
intended by the General Assembly in enacting Am. Sub. H.B. 649 of 58,980
the 122nd General Assembly. This section was made obsolete by 58,981
reforms Am. Sub. H.B. 649 made in the legislative printing laws. 58,982
The title of that act correctly indicated the repeal of section
101.64 of the Revised Code, but the outright repeal clause 58,983
erroneously indicated the repeal of section "102.64" of the 58,984
Revised Code. No section of the Revised Code bears the number 58,985
"102.64."
Section 154.* That the version of section 2108.15 of the 58,987
Revised Code that is to take effect on December 31, 2000, is 58,988
hereby repealed.
Section 155.* (A) That section 4121.07 of the Revised 58,990
Code is hereby repealed. 58,991
(B) The repeal by this act of section 4121.07 of the 58,993
Revised Code is intended to confirm that such was the result 58,994
intended by the General Assembly in enacting Am. Sub. H.B. 107 of 58,995
the 120th General Assembly. The outright repeal clause of that 58,996
act correctly indicated the repeal of section 4121.07 of the
Revised Code, but the title of that act erroneously indicated 58,997
1275
that the section was being amended. 58,998
Section 156. Except as otherwise specifically provided in 59,000
this act, the codified sections of law amended or enacted in this 59,001
act, and the items of law of which the codified sections of law 59,002
amended or enacted in this act are composed, are subject to the 59,003
referendum. Therefore, under Ohio Constitution, Article II, 59,004
Section 1c and section 1.471 of the Revised Code, the codified 59,005
sections of law amended or enacted by this act, and the items of 59,006
law of which the codified sections of law as amended or enacted 59,007
by this act are composed, take effect on the ninety-first day 59,008
after this act is filed with the Secretary of State. If, 59,009
however, a referendum petition is filed against any such codified 59,010
section of law as amended or enacted by this act, or against any 59,011
item of law of which any such codified section of law as amended 59,012
or enacted by this act is composed, the codified section of law 59,013
as amended or enacted, or item of law, unless rejected at the 59,014
referendum, takes effect at the earliest time permitted by law. 59,015
Section 157. Except as otherwise specifically provided in 59,017
this act, the repeal by this act of a codified section of law is 59,018
subject to the referendum. Therefore, under Ohio Constitution, 59,019
Article II, Section 1c and section 1.471 of the Revised Code, the 59,020
repeal by this act of a codified section of law takes effect on 59,021
the ninety-first day after this act is filed with the Secretary 59,022
of State. If, however, a referendum petition is filed against 59,023
any such repeal, the repeal, unless rejected at the referendum, 59,024
takes effect at the earliest time permitted by law. 59,025
Section 158. Sections 9.06, 9.07, 102.02, 103.73, 103.74, 59,027
109.081, 111.18, 118.01, 118.05, 118.08, 121.05, 122.011, 124.07, 59,029
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, 59,031
1181.18, 1309.401, 3353.06, 3383.08, 3702.52, 3702.57, 3702.58, 59,032
3702.68, 3705.24, 3734.06, 3734.18, 3734.28, 3734.57, 3745.11, 59,033
3748.07, 3748.13, 3793.10, 4105.17, 4117.24, 4301.10, 4301.30, 59,035
4301.43, 4511.191, 4511.83, 4703.36, 4703.37, 4713.10, 4717.07, 59,037
1276
4723.08, 4729.54, 4730.11, 4731.281, 4732.14, 4736.12, 4741.17, 59,038
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, 59,039
5112.03, 5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 5117.07, 59,041
5117.071, 5117.09, 5120.14, 5145.30, 5709.62, 5709.63, 5709.632, 59,042
5907.141, and 6109.21 of the Revised Code as amended or enacted 59,043
by this act, and the items of law of which such sections as 59,044
amended or enacted by this act are composed, are not subject to 59,045
the referendum. Therefore, under Ohio Constitution, Article II, 59,046
Section 1d and section 1.471 of the Revised Code, such sections 59,047
as amended or enacted by this act, and the items of law of which 59,048
such sections as amended or enacted by this act are composed, go 59,049
into immediate effect when this act becomes law. 59,050
Section 159. (A) The amendment by this act to division 59,052
(C) of section 166.03 of the Revised Code constitutes an item of 59,053
law that is subject to the referendum. Therefore, under Ohio 59,054
Constitution, Article II, Section 1c and section 1.471 of the 59,055
Revised Code, this item of law takes effect on the ninety-first 59,056
day after this act is filed with the Secretary of State. If, 59,057
however, a referendum petition is filed against the item of law, 59,058
the item of law, unless rejected at the referendum, takes effect 59,059
at the earliest time permitted by law. 59,060
(B) The amendments by this act to division (B) of section 59,062
166.03 of the Revised Code constitute an item of law that is not 59,063
subject to the referendum. Therefore, under Ohio Constitution, 59,064
Article II, Section 1d and section 1.471 of the Revised Code, 59,065
this item of law goes into immediate effect when this act becomes 59,066
law.
Section 160. (A) The amendment by this act to division 59,068
(C)(3)(c) of section 5139.43 of the Revised Code constitutes an 59,069
item of law that is subject to the referendum. Therefore, under 59,070
Ohio Constitution, Article II, Section 1d and section 1.471 of 59,071
the Revised Code, this item of law takes effect on the 59,072
ninety-first day after this act is filed with the Secretary of 59,073
1277
State. If, however, a referendum petition is filed against the 59,074
item of law, the item of law, unless rejected at the referendum, 59,075
takes effect at the earliest time permitted by law. 59,076
(B) The addition by this act of division (E) to, and the 59,078
amendment by this act to division (B)(2)(a) of, section 5139.43 59,079
of the Revised Code constitute an item of law that is not subject 59,080
to the referendum. Therefore, under Ohio Constitution, Article 59,081
II, Section 1d and section 1.471 of the Revised Code, divisions 59,082
(B)(2)(a) and (E) of section 5139.43 of the Revised Code go into 59,083
immediate effect when this act becomes law. 59,084
Section 161.* Sections 121.371, 3109.13, 3109.14, 3109.15, 59,086
3109.16, 3109.17, and 3109.18 of the Revised Code, as amended by 59,087
this act, are subject to the referendum and shall take effect 59,088
January 1, 2001. Notwithstanding the provisions of section 59,090
3109.17 of the Revised Code that require the Children's Trust
Fund Board to make block grants to child abuse and child neglect 59,091
prevention advisory boards, the Children's Trust Fund Board may 59,093
make grants to child abuse and child neglect prevention programs 59,094
during the period January 1, 2001, through June 30, 2001. 59,095
Section 162. Section 5741.02 of the Revised Code, as 59,097
amended by this act, shall take effect on July 1, 2001. 59,098
Section 163. The repeal by this act of sections 1155.131 59,100
and 1163.17 of the Revised Code is not subject to the referendum. 59,101
Therefore, under Ohio Constitution, Article II, Section 1d and 59,102
section 1.471 of the Revised Code, the repeals go into immediate 59,103
effect when this act becomes law. 59,104
Section 164. Except as otherwise specifically provided in 59,106
this act, the uncodified sections of law amended or enacted in 59,107
this act, and the items of law of which the uncodified sections 59,108
of law amended or enacted in this act are composed, are not 59,109
subject to the referendum. Therefore, under Ohio Constitution, 59,110
Article II, Section 1d and section 1.471 of the Revised Code, the 59,111
uncodified sections of law amended or enacted in this act, and 59,112
the items of law of which the uncodified sections of law amended 59,113
1278
or enacted in this act are composed, go into immediate effect 59,114
when this act becomes law.
Section 165. Uncodified sections of law amended or enacted 59,116
in this act, and items of law contained within the uncodified 59,117
sections of law amended or enacted in this act, that are marked 59,118
with an asterisk are subject to the referendum. Therefore, under 59,119
Ohio Constitution, Article II, Section 1c and section 1.471 of 59,120
the Revised Code, the uncodified sections and items of law marked 59,121
with an asterisk take effect on the ninety-first day after this 59,122
act is filed with the Secretary of State. If, however, a 59,123
referendum petition is filed against an uncodified section or 59,124
item of law marked with an asterisk, the uncodified section or 59,125
item of law marked with an asterisk, unless rejected at the 59,126
referendum, takes effect at the earliest time permitted by law. 59,127
If the amending and existing repeal clauses commanding the 59,129
amendment of an uncodified section of law are both marked with 59,130
asterisks, the uncodified section as amended is deemed also to 59,131
have been marked with an asterisk. 59,132
An asterisk marking an uncodified section or item of law 59,134
has the form *. 59,135
This section defines the meaning and form of, but is not 59,137
itself to be considered marked with, an asterisk. 59,138
Section 166. If the amendment or enactment in this act of 59,140
a codified or uncodified section of law is subject to the 59,141
referendum, the corresponding indications in the amending, 59,142
enacting, or existing repeal clauses commanding the amendment or 59,143
enactment also are subject to the referendum, along with the 59,144
amendment or enactment. If the amendment or enactment by this 59,145
act of a codified or uncodified section of law is not subject to 59,146
the referendum, the corresponding indications in the amending, 59,147
enacting, or existing repeal clauses commanding the amendment or 59,148
enactment also are not subject to the referendum, the same as the 59,149
amendment or enactment. 59,150
Section 167. An item, other than an amending, enacting, or 59,152
1279
repealing clause, that composes the whole or part of an 59,153
uncodified section contained in this act has no effect after June 59,154
30, 2001, unless its context clearly indicates otherwise. 59,155
Section 168. The Tax Commissioner shall make the 59,157
adjustments required by section 5117.071 of the Revised Code for 59,158
the first time in 1999, for use in determining eligibility for 59,160
energy credits or payments during the 1999-2000 winter heating 59,161
season. To facilitate the implementation of the adjustment 59,162
mechanism in 1999, the commissioner may extend as necessary any 59,163
date specified in sections 5117.01 to 5117.12 of the Revised Code 59,164
for the performance of a particular action by the commissioner or 59,165
by an individual, energy company, or energy dealer. 59,166
Section 169. Sections 122.15, 122.152, 129.55, 129.63, 59,168
129.73, 718.01, 1555.12, 5528.36, 5703.052, 5703.053, 5727.01, 59,169
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 59,170
5727.48, 5727.50, 5727.60, and 5733.16 of the Revised Code, as 59,171
amended by this act, first apply to the excise tax year beginning 59,172
May 1, 2000. Sections 5727.24, 5727.25, 5727.26, 5727.27, 59,173
5727.28, and 5727.29 of the Revised Code, as enacted by this act, 59,174
first apply to gross receipts derived from taxable activities 59,175
that occur after April 30, 2000. Natural gas companies and 59,176
combined electric and gas companies must file an annual statement 59,177
pursuant to section 5727.31 of the Revised Code on or before 59,178
August 1, 2000, and the Tax Commissioner shall issue an 59,179
assessment pursuant to section 5727.38 of the Revised Code on or 59,180
before the first Monday in November for the period ending April 59,181
30, 2000. Such companies shall have made and shall make payments 59,182
of the excise tax on gross receipts imposed by section 5727.30 of 59,184
the Revised Code on or before October 15, 1999, March 1, 2000, 59,185
and June 1, 2000, in accordance with section 5727.31 of the 59,186
Revised Code.
Section 170. Any natural gas company that, as of July 1, 59,188
1999, has over three hundred thousand open access residential 59,189
customers shall pay $10,300,000 on June 30, 2001, as an advance 59,190
1280
payment of the tax imposed by section 5727.24 of the Revised 59,191
Code, as enacted by this act, for the quarter ending June 30, 59,192
2001. This payment is an advance payment of the tax that is due 59,193
within 45 days after the last day of June as required by division 59,194
(A) of section 5727.25 of the Revised Code, as enacted by this 59,195
act. In the event that the natural gas company's liability for 59,196
the quarter ending June 30, 2001, is less than $10,300,000, the 59,197
remaining amount shall be applied to the natural gas company's 59,198
liability for the quarter ending September 30, 2001. 59,199
Section 171. The Public Utilities Commission shall not 59,201
order any surcharge, refunds, or credits in the rates of any 59,202
natural gas company or combined electric and gas company as a 59,203
result of or in response to the amendment of sections 5727.01, 59,204
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 59,205
5727.48, 5727.50, and 5727.60 and the enactment of sections 59,206
5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and 5727.29 of the 59,207
Revised Code under this act. The commission is not precluded 59,208
from considering the effects of the refund set forth in section 59,209
5727.29 of the Revised Code, as enacted by this act, in the 59,210
context of adjusting rates in a rate proceeding under Chapters 59,211
4909. and 4929. of the Revised Code. 59,212
Section 172. (A) The amendment by this act of section 59,214
5733.05 of the Revised Code applies to tax years 2000 and 59,215
thereafter.
(B) Any corporation that was entitled, for tax year 1999, 59,218
to make an exclusion from its capital, surplus, undivided
profits, or reserves under former division (A)(6) of section 59,219
5733.05 of the Revised Code as it existed prior to its amendment 59,220
by Am. Sub. H.B. 215 of the 122nd General Assembly is entitled to 59,222
claim a nonrefundable credit against the corporation franchise 59,223
tax imposed by section 5733.06 of the Revised Code for tax year 59,224
2000. The amount of the credit shall equal the difference 59,225
between the amount of corporation franchise tax the corporation 59,226
paid for tax year 1999 and the amount of corporation franchise 59,227
1281
tax that would have been due from the corporation for that year 59,228
if the exclusion was made; plus an amount that bears the same 59,229
ratio to the amount of any penalty or interest paid by the 59,230
corporation for that year that the difference in tax bears to the 59,231
amount of tax on account of which the penalty or interest is 59,232
charged.
If the credit exceeds the amount of tax due for tax year 59,234
2000, the corporation may claim the excess in succeeding tax 59,235
years until the full amount of the credit has been claimed, 59,236
provided that the amount claimed in any tax year shall be 59,237
deducted from the amount carried forward to the following year. 59,238
This section expires June 30, 2000. 59,240
Section 173.* (A) Except as otherwise provided in 59,242
division (B) of this section, section 5733.33 of the Revised 59,243
Code, as amended by this act, applies to all purchases of new 59,244
manufacturing machinery and equipment made on or after January 1, 59,245
2001, and to all baseline years used to compute any credit 59,247
attributable to such purchases.
(B) Division (I) of section 5733.33 of the Revised Code, 59,249
as amended by this act, may be applied solely at the election of 59,250
the taxpayer with respect to all purchases of new manufacturing 59,251
machinery and equipment made before January 1, 2001, and to all 59,252
baseline years used to compute any credit attributable to such 59,253
purchases. Such an election may be made by a taxpayer at any 59,254
time, subject to the following: 59,255
(1) The election is irrevocable. 59,257
(2) The election need not accompany a timely filed report, 59,259
but the election may accompany a subsequently filed but timely 59,260
application for refund, a subsequently filed but timely amended 59,261
report, or a subsequently filed but timely petition for 59,262
reassessment. 59,263
Section 174. Sections 5733.39 and division (A)(8) of 59,265
section 5733.98 of the Revised Code, as amended or enacted by 59,267
this act, apply to taxable years beginning on or after January 1, 59,268
1282
2001.
Section 175. Divisions (A)(12) and (13) of section 5733.98 59,270
of the Revised Code, as amended by this act, and sections 59,272
5733.351 and 5733.42 of the Revised Code, as enacted by this act, 59,273
shall first apply to taxable years beginning on and after January 59,274
1, 2002.
Section 176. The amendment of sections 5112.03, 5112.06, 59,276
5112.07, 5112.08, 5112.09, and 5112.17 of the Revised Code is not 59,277
intended to supersede the earlier repeal, with delayed effective 59,279
date, of those sections.
Section 177. Section 102.02 of the Revised Code is 59,281
presented in this act as a composite of the section as amended by 59,282
both Sub. H.B. 26 and Am. Sub. H.B. 650 of the 122nd General 59,283
Assembly, with the new language of neither of the acts shown in 59,284
capital letters. This is in recognition of the principle stated 59,285
in division (B) of section 1.52 of the Revised Code that such 59,286
amendments are to be harmonized where not substantively 59,287
irreconcilable and constitutes a legislative finding that such is 59,288
the resulting version in effect prior to the effective date of 59,289
this act.
Section 178. Section 121.24 of the Revised Code is 59,291
presented in this act as a composite of the section as amended by 59,292
both Sub. H.B. 473 and Am. Sub. H.B. 538 of the 121st General 59,293
Assembly, with the new language of neither of the acts shown in 59,295
capital letters. This is in recognition of the principle stated 59,296
in division (B) of section 1.52 of the Revised Code that such 59,297
amendments are to be harmonized where not substantively 59,298
irreconcilable and constitutes a legislative finding that such is 59,299
the resulting version in effect prior to the effective date of 59,300
this act.
Section 179. Section 127.16 of the Revised Code is 59,302
presented in this act as a composite of the section as amended by 59,303
both Am. Sub. H.B. 649 and Am. Sub. H.B. 850 of the 122nd General 59,304
Assembly, with the new language of neither of the acts shown in 59,306
1283
capital letters. This is in recognition of the principle stated 59,307
in division (B) of section 1.52 of the Revised Code that such 59,308
amendments are to be harmonized where not substantively 59,309
irreconcilable and constitutes a legislative finding that such is 59,310
the resulting version in effect prior to the effective date of 59,311
this act.
Section 180. Section 311.01 of the Revised Code is 59,313
presented in this act as a composite of the section as amended by 59,314
both Sub. H.B. 351 and Sub. H.B. 670 of the 121st General 59,315
Assembly, with the new language of neither of the acts shown in 59,316
capital letters. This is in recognition of the principle stated 59,317
in division (B) of section 1.52 of the Revised Code that such 59,318
amendments are to be harmonized where not substantively 59,319
irreconcilable and constitutes a legislative finding that such is 59,320
the resulting version in effect prior to the effective date of 59,321
this act.
Section 181. Section 329.04 of the Revised Code is 59,323
presented in this act as a composite of the section as amended by 59,324
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 59,325
Assembly, with the new language of neither of the acts shown in 59,327
capital letters. This is in recognition of the principle stated 59,328
in division (B) of section 1.52 of the Revised Code that such 59,329
amendments are to be harmonized where not substantively 59,330
irreconcilable and constitutes a legislative finding that such is 59,331
the resulting version in effect prior to the effective date of 59,332
this act.
Section 182. Section 1547.67 of the Revised Code is 59,334
presented in this act as a composite of the section as amended by 59,335
both Am. Sub. H.B. 111 and Sub. H.B. 522 of the 118th General 59,336
Assembly, with the new language of neither of the acts shown in 59,338
capital letters. This is in recognition of the principle stated 59,339
in division (B) of section 1.52 of the Revised Code that such 59,340
amendments are to be harmonized where not substantively 59,341
irreconcilable and constitutes a legislative finding that such is 59,342
1284
the resulting version in effect prior to the effective date of 59,343
this act.
Section 183. Section 3745.11 of the Revised Code is 59,345
presented in this act as a composite of the section as amended by 59,346
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 59,347
Assembly, with the new language of neither of the acts shown in 59,348
capital letters. This is in recognition of the principle stated 59,350
in division (B) of section 1.52 of the Revised Code that such 59,351
amendments are to be harmonized where not substantively 59,352
irreconcilable and constitutes a legislative finding that such is 59,353
the resulting version in effect prior to the effective date of 59,354
this act.
Section 184. Section 4399.12 of the Revised Code is 59,356
presented in this act as a composite of the section as amended by 59,357
both Am. Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st General 59,358
Assembly, with the new language of neither of the acts shown in 59,360
capital letters. This is in recognition of the principle stated 59,361
in division (B) of section 1.52 of the Revised Code that such 59,362
amendments are to be harmonized where not substantively 59,363
irreconcilable and constitutes a legislative finding that such is 59,364
the resulting version in effect prior to the effective date of 59,365
this act.
Section 185. Section 5111.01 of the Revised Code is 59,367
presented in this act as a composite of the section as amended by 59,368
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 59,369
Assembly, with the new language of neither of the acts shown in 59,371
capital letters. This is in recognition of the principle stated 59,372
in division (B) of section 1.52 of the Revised Code that such 59,373
amendments are to be harmonized where not substantively 59,374
irreconcilable and constitutes a legislative finding that such is 59,375
the resulting version in effect prior to the effective date of 59,376
this act.
Section 186. Section 5139.43 of the Revised Code is 59,378
presented in this act as a composite of the section as amended by 59,379
1285
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 59,380
Assembly, with the new language of neither of the acts shown in 59,382
capital letters. This is in recognition of the principle stated 59,383
in division (B) of section 1.52 of the Revised Code that such 59,384
amendments are to be harmonized where not substantively 59,385
irreconcilable and constitutes a legislative finding that such is 59,386
the resulting version in effect prior to the effective date of 59,387
this act.
Section 187. If any item of law that constitutes the whole 59,389
or part of a codified or uncodified section of law contained in 59,390
this act, or if any application of any item of law that 59,391
constitutes the whole or part of a codified or uncodified section 59,393
of law contained in this act, is held invalid, the invalidity 59,394
does not affect other items of law or applications of items of 59,395
law that can be given effect without the invalid item of law or 59,396
application. To this end, the items of law of which the codified 59,397
and uncodified sections contained in this act are composed, and 59,398
their applications, are independent and severable.