As Reported by Conference Committee 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, 109.081, 111.18, 117.14, 117.44, 117.45, 19
118.01, 118.05, 118.08, 120.04, 120.06, 120.18, 20
120.28, 120.33, 121.05, 121.11, 121.24, 121.371,
122.011, 122.05, 122.15, 122.152, 122.71, 122.92, 23
124.04, 124.07, 124.181, 125.023, 125.04,
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, 166.03, 166.05, 26
169.02, 169.03, 169.09, 173.35, 181.52, 307.851,
307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 28
340.03, 341.011, 718.01, 742.63, 753.19, 901.41, 29
901.62, 901.63, 924.51, 1101.15, 1107.15, 30
1109.23, 1151.07, 1151.201, 1155.07, 1155.10, 31
1155.13, 1161.09, 1161.38, 1163.09, 1163.13, 32
1163.16, 1181.06, 1301.01, 1309.401, 1317.07,
1321.57, 1322.02, 1322.10, 1501.01, 1507.01, 33
1507.12, 1509.02, 1509.071, 1513.30, 1515.091,
1521.04, 1547.67, 1547.68, 1547.72, 1555.12, 35
2108.15, 2305.232, 2941.51, 2949.17, 2949.19,
2949.20, 2949.201, 3109.13, 3109.14, 3109.15, 37
3109.16, 3109.17, 3109.18, 3301.68, 3375.90, 38
2
3383.08, 3501.18, 3501.21, 3517.152, 3701.04, 39
3701.262, 3701.89, 3702.52, 3702.57, 3702.58, 41
3702.68, 3705.24, 3721.31, 3721.33, 3722.01, 42
3722.011, 3722.10, 3722.15, 3722.16, 3722.17, 43
3734.02, 3734.05, 3734.06, 3734.18, 3734.28,
3734.57, 3734.82, 3734.87, 3734.901, 3742.03, 45
3742.04, 3742.05, 3742.08, 3742.19, 3745.11,
3748.07, 3748.13, 3750.02, 3753.03, 3753.05, 46
3769.20, 3793.08, 3793.10, 3793.12, 3901.02, 47
4105.17, 4112.12, 4115.34, 4163.07, 4301.10, 49
4301.30, 4301.334, 4301.43, 4301.62, 4303.07,
4303.10, 4303.181, 4303.182, 4303.30, 4303.35, 51
4399.12, 4501.27, 4511.191, 4511.83, 4701.03,
4701.06, 4703.36, 4703.37, 4709.01, 4712.01, 54
4713.01, 4713.02, 4713.04, 4713.05, 4713.06,
4713.10, 4713.17, 4713.20, 4717.03, 4717.05, 55
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 56
4725.16, 4725.17, 4729.54, 4730.11, 4731.281, 58
4732.05, 4732.14, 4735.06, 4735.07, 4735.09,
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 59
4747.05, 4747.06, 4747.07, 4747.10, 4747.13, 60
4759.05, 4759.06, 4766.02, 4766.04, 4766.05, 61
4766.07, 4773.04, 4905.80, 4911.17, 4931.11,
4931.21, 4931.99, 4933.14, 4937.02, 4981.09, 62
5101.03, 5101.16, 5101.18, 5101.21, 5101.22,
5101.23, 5101.33, 5101.46, 5101.52, 5101.541, 64
5101.544, 5101.83, 5101.93, 5104.30, 5104.32, 65
5104.34, 5104.38, 5107.02, 5107.05, 5107.10, 66
5107.16, 5107.22, 5107.24, 5107.26, 5107.28, 67
5107.60, 5108.06, 5111.01, 5111.022, 5111.113,
5111.23, 5111.231, 5112.01, 5112.03, 5112.06, 69
5112.07, 5112.08, 5112.09, 5112.17, 5112.18, 70
5115.01, 5117.07, 5117.09, 5119.16, 5119.22, 71
5119.61, 5120.14, 5121.03, 5121.04, 5121.06,
3
5121.07, 5121.08, 5121.09, 5121.10, 5123.60, 73
5126.35, 5139.27, 5139.271, 5139.28, 5139.281, 75
5139.43, 5139.50, 5139.51, 5139.55, 5145.30,
5502.21, 5502.22, 5502.25, 5502.28, 5502.34, 77
5515.01, 5528.36, 5703.05, 5703.052, 5703.053,
5703.21, 5709.62, 5709.63, 5709.632, 5709.83, 78
5711.16, 5711.22, 5727.01, 5727.111, 5727.12, 79
5727.30, 5727.31, 5727.311, 5727.32, 5727.33,
5727.38, 5727.42, 5727.48, 5727.50, 5727.60, 80
5733.05, 5733.16, 5733.33, 5733.98, 5739.31, 81
5741.02, 5743.08, 5743.14, 5743.55, 5743.59,
5743.99, 5747.11, 5749.02, 5907.11, 5907.13, 83
5907.141, 5907.15, 6109.01, 6109.21, and 6119.10;
to amend, for the purpose of adopting a new 84
section number as indicated in parentheses, 85
section 122.75 (122.751) of the Revised Code as
it results from Am. Sub. H.B. 117 of the 121st 86
General Assembly; to enact new sections 122.75, 87
2108.021, and 2151.55 and sections 9.08, 101.30, 88
101.301, 117.441, 121.481, 122.19, 122.20,
122.21, 122.22, 131.39, 135.91, 135.92, 135.93, 89
135.94, 135.95, 135.96, 135.97, 166.032, 173.011, 90
173.401, 175.26, 329.023, 329.041, 329.07, 91
340.05, 340.091, 1181.18, 1501.25, 2108.022,
2151.551, 2151.552, 2151.553, 2151.554, 2744.10, 93
3353.06, 3353.07, 3701.043, 3701.044, 3701.264,
3721.025, 3722.18, 3734.281, 3769.201, 4112.15, 94
4115.101, 4117.24, 4723.282, 4939.01, 4939.02, 95
4939.03, 4939.04, 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,
5101.854, 5104.341, 5107.11, 5107.161, 5107.162, 101
4
5107.17, 5107.61, 5111.014, 5111.019, 5111.025, 102
5111.026, 5111.173, 5117.071, 5119.631, 5126.054, 103
5126.357, 5145.19, 5145.20, 5709.70, 5727.24, 104
5727.25, 5727.26, 5727.27, 5727.28, 5727.29, 105
5733.351, 5733.39, and 5733.42; and to repeal 106
sections 101.64, 117.16, 1155.131, 1163.17, 107
2108.021, 2151.55, 4113.14, 4121.07, 4931.01, 108
4931.03, 4931.08, 4931.20, 4931.23, 4931.24, 109
5107.77, 5111.172, and 5115.08 of the Revised
Code; to repeal section 122.75 of the Revised 111
Code as it purportedly results from Am. Sub. H.B. 112
356 of the 121st General Assembly; to repeal the 113
version of section 2108.15 of the Revised Code 114
that is to take effect on December 31, 2000; and 115
to amend Section 5 of Am. Sub. S.B. 50 of the 116
121st General Assembly, as subsequently amended;
to amend Section 153 of Am. Sub. H.B. 117 of the 118
121st General Assembly, as subsequently amended; 119
to amend Section 3 of Am. Sub. H.B. 440 of the 120
121st General Assembly, as subsequently amended;
to amend Section 3 of Am. Sub. H.B. 215 of the 121
122nd General Assembly; to amend Section 3 of
Sub. H.B. 694 of the 122nd General Assembly; to 122
amend Sections 3.01, 3.03, 21, and 30.25 of Am. 123
Sub. H.B. 850 of the 122nd General Assembly; to
amend Section 3 of Am. Sub. H.B. 621 of the 122nd 125
General Assembly; to amend Section 5.03 of Am.
Sub. H.B. 163 of the 123rd General Assembly; to 126
amend Section 4 of Sub. H.B. 167 of the 121st 127
General Assembly, as subsequently amended; to
amend Section 4 of Sub. H.B. 167 of the 121st 128
General Assembly, as subsequently amended, for 129
the purpose of changing its number to section
5101.86; to repeal Section 50.48 of Am. Sub. H.B. 130
5
215 of the 122nd General Assembly; to repeal 131
Section 25 of Am. Sub. H.B. 650 of the 122nd 133
General Assembly; and to repeal Section 17.03 of 134
Am. Sub. H.B. 850 of the 122nd General Assembly
to make operating appropriations for the biennium 136
beginning July 1, 1999, and ending June 30, 2001,
and to provide authorization and conditions for 137
the operation of state programs, and to terminate 138
the Muskingum River Advisory Council on December 139
31, 2002, by repealing section 1501.25 of the 140
Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 142
Section 1. That sections 9.06, 9.07, 102.02, 103.143, 144
103.71, 109.081, 111.18, 117.14, 117.44, 117.45, 118.01, 118.05, 146
118.08, 120.04, 120.06, 120.18, 120.28, 120.33, 121.05, 121.11, 147
121.24, 121.371, 122.011, 122.05, 122.15, 122.152, 122.71, 148
122.92, 124.04, 124.07, 124.181, 125.023, 125.04, 125.111, 149
125.15, 125.28, 126.12, 126.21, 126.25, 126.31, 126.32, 127.16, 151
129.55, 129.63, 129.73, 131.01, 133.20, 135.63, 149.30, 166.03, 152
166.05, 169.02, 169.03, 169.09, 173.35, 181.52, 307.851, 307.86, 153
307.98, 311.01, 329.04, 329.06, 329.12, 340.03, 341.011, 718.01, 155
742.63, 753.19, 901.41, 901.62, 901.63, 924.51, 1101.15, 1107.15, 156
1109.23, 1151.07, 1151.201, 1155.07, 1155.10, 1155.13, 1161.09, 157
1161.38, 1163.09, 1163.13, 1163.16, 1181.06, 1301.01, 1309.401, 158
1317.07, 1321.57, 1322.02, 1322.10, 1501.01, 1507.01, 1507.12, 159
1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 1547.67, 1547.68, 160
1547.72, 1555.12, 2108.15, 2305.232, 2941.51, 2949.17, 2949.19, 161
2949.20, 2949.201, 3109.13, 3109.14, 3109.15, 3109.16, 3109.17, 163
3109.18, 3301.68, 3375.90, 3383.08, 3501.18, 3501.21, 3517.152, 164
3701.04, 3701.262, 3701.89, 3702.52, 3702.57, 3702.58, 3702.68, 168
3705.24, 3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 3722.15,
3722.16, 3722.17, 3734.02, 3734.05, 3734.06, 3734.18, 3734.28, 169
6
3734.57, 3734.82, 3734.87, 3734.901, 3742.03, 3742.04, 3742.05, 171
3742.08, 3742.19, 3745.11, 3748.07, 3748.13, 3750.02, 3753.03, 172
3753.05, 3769.20, 3793.08, 3793.10, 3793.12, 3901.02, 4105.17, 173
4112.12, 4115.34, 4163.07, 4301.10, 4301.30, 4301.334, 4301.43, 174
4301.62, 4303.07, 4303.10, 4303.181, 4303.182, 4303.30, 4303.35, 176
4399.12, 4501.27, 4511.191, 4511.83, 4701.03, 4701.06, 4703.36, 177
4703.37, 4709.01, 4712.01, 4713.01, 4713.02, 4713.04, 4713.05, 178
4713.06, 4713.10, 4713.17, 4713.20, 4717.03, 4717.05, 4717.07, 181
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, 183
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 4747.06, 185
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, 186
4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 5101.16, 5101.18, 187
5101.21, 5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 5101.541, 189
5101.544, 5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 5104.38, 190
5107.02, 5107.05, 5107.10, 5107.16, 5107.22, 5107.24, 5107.26, 191
5107.28, 5107.60, 5108.06, 5111.01, 5111.022, 5111.113, 5111.23, 192
5111.231, 5112.01, 5112.03, 5112.06, 5112.07, 5112.08, 5112.09, 194
5112.17, 5112.18, 5115.01, 5117.07, 5117.09, 5119.16, 5119.22, 196
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, 198
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, 200
5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 5709.632, 5709.83, 201
5711.16, 5711.22, 5727.01, 5727.111, 5727.12, 5727.30, 5727.31, 202
5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 5727.48, 5727.50, 203
5727.60, 5733.05, 5733.16, 5733.33, 5733.98, 5739.31, 5741.02, 204
5743.08, 5743.14, 5743.55, 5743.59, 5743.99, 5747.11, 5749.02,
5907.11, 5907.13, 5907.141, 5907.15, 6109.01, 6109.21, and 206
6119.10 be amended; section 122.75 (122.751) as it results from 208
Am. Sub. H.B. 117 of the 121st General Assembly be amended for 209
the purpose of adopting a new section number as indicated in 210
parentheses; Section 4 of Sub. H.B. 167 of the 121st General 211
7
Assembly, as amended by Sub. H.B. 710 of the 121st General 212
Assembly and Am. Sub. H.B. 215 of the 122nd General Assembly, be 213
amended and renumbered as section 5101.86; and new sections 214
122.75, 2108.021, and 2151.55 and sections 9.08, 101.30, 101.301, 215
117.441, 121.481, 122.19, 122.20, 122.21, 122.22, 131.39, 135.91, 216
135.92, 135.93, 135.94, 135.95, 135.96, 135.97, 166.032, 173.011, 217
173.401, 175.26, 329.023, 329.041, 329.07, 340.05, 340.091, 219
1181.18, 1501.25, 2108.022, 2151.551, 2151.552, 2151.553, 220
2151.554, 2744.10, 3353.06, 3353.07, 3701.043, 3701.044, 221
3701.264, 3721.025, 3722.18, 3734.281, 3769.201, 4112.15, 223
4115.101, 4117.24, 4723.282, 4939.01, 4939.02, 4939.03, 4939.04,
5101.072, 5101.34, 5101.341, 5101.342, 5101.343, 5101.50, 225
5101.501, 5101.502, 5101.503, 5101.51, 5101.511, 5101.512, 226
5101.513, 5101.514, 5101.515, 5101.516, 5101.517, 5101.518, 227
5101.519, 5101.85, 5101.851, 5101.852, 5101.853, 5101.854,
5104.341, 5107.11, 5107.161, 5107.162, 5107.17, 5107.61, 229
5111.014, 5111.019, 5111.025, 5111.026, 5111.173, 5117.071, 230
5119.631, 5126.054, 5126.357, 5145.19, 5145.20, 5709.70, 5727.24, 231
5727.25, 5727.26, 5727.27, 5727.28, 5727.29, 5733.351, 5733.39, 233
and 5733.42 of the Revised Code be enacted to read as follows: 234
Sec. 9.06. (A)(1) The department of rehabilitation and 243
correction shall contract for the private operation and 245
management pursuant to this section of the initial intensive
program prison established pursuant to section 5120.033 of the 246
Revised Code and may contract for the private operation and 248
management of any other facility under this section. Counties 249
and municipal corporations to the extent authorized in sections 251
307.93, 341.35, 753.03, and 753.15 of the Revised Code, may 252
contract for the private operation and management of a facility
under this section. A contract entered into under this section 254
shall be for an initial term of not more than two years, with an 255
option to renew for additional periods of two years.
(2) Not later than December 31, 1998, the department of 258
rehabilitation and correction, by rule, shall adopt minimum 259
8
criteria and specifications that a person or entity, other than a 260
person or entity that satisfies the criteria set forth in 261
division (A)(3)(a) of this section and subject to division (I) of 263
this section, must satisfy in order to apply to operate and 264
manage as a contractor pursuant to this section the initial 265
intensive program prison established pursuant to section 5120.033 266
of the Revised Code. 267
(3) Subject to division (I) of this section, any person or 270
entity that applies to operate and manage a facility as a 272
contractor pursuant to this section shall satisfy one or more of
the following criteria: 273
(a) The person or entity is accredited by the American 275
correctional association and, at the time of the application, 277
operates and manages one or more facilities accredited by the 280
American correctional association.
(b) The person or entity satisfies all of the minimum 282
criteria and specifications adopted by the department of 283
rehabilitation and correction pursuant to division (A)(2) of this 284
section, provided that this alternative shall be available only 285
in relation to the initial intensive program prison established 286
pursuant to section 5120.033 of the Revised Code. 288
(4) Subject to division (I) of this section, before a 291
public entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity 292
that it can operate the facility with the inmate capacity 293
required by the public entity and provide the services required 294
in this section and realize at least a five per cent savings over 295
the projected cost to the public entity of providing these same 296
services to operate the facility that is the subject of the 297
contract. No out-of-state prisoners may be housed in any 298
facility that is the subject of a contract entered into under to
this section. 299
(B) Subject to division (I) of this section, any contract 302
entered into under this section shall include all of the
9
following: 303
(1) A requirement that the contractor retain the 305
contractor's accreditation from the American correctional 306
association throughout the contract term OR, IF THE CONTRACTOR 308
APPLIED PURSUANT TO DIVISION (A)(3)(b) OF THIS SECTION, CONTINUE 310
COMPLYING WITH THE APPLICABLE CRITERIA AND SPECIFICATIONS ADOPTED 311
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO 312
DIVISION (A)(2) OF THIS SECTION; 313
(2) A requirement that all of the following conditions be 315
met:
(a) The contractor begins the process of accrediting the 317
facility with the American correctional association no later than 318
sixty days after the facility receives its first inmate. 319
(b) The contractor receives accreditation of the facility 321
within twelve months after the date the contractor applies to the 322
American correctional association for accreditation. 323
(c) Once the accreditation is received, the contractor 325
maintains it for the duration of the contract term. 326
(d) If the contractor does not comply with divisions 328
(B)(2)(a) to (c) of this section, the contractor is in violation 330
of the contract and the public entity may revoke the contract at 331
its discretion.
(3) A requirement that the contractor comply with all 333
rules promulgated by the department of rehabilitation and 334
correction that apply to the operation and management of 335
correctional facilities, including the minimum standards for 336
jails in Ohio and policies regarding the use of force and the use 337
of deadly force, although the public entity may require more 338
stringent standards, and comply with any applicable laws, rules,
or regulations of the federal, state, and local governments, 339
including, but not limited to, sanitation, food service, safety, 340
and health regulations. The contractor shall be required to send 341
copies of reports of inspections completed by the appropriate 342
authorities regarding compliance with rules and regulations to 343
10
the director of rehabilitation and correction or the director's 344
designee and, if contracting with a local public entity, to the 345
governing authority of that entity.
(4) A requirement that the contractor report for 347
investigation all crimes in connection with the facility to the 348
public entity, to all local law enforcement agencies having WITH 349
jurisdiction OVER THE PLACE at WHICH the facility IS LOCATED, 350
and, for a crime committed at a state correctional institution, 352
to the state highway patrol; 353
(5) A REQUIREMENT THAT THE CONTRACTOR IMMEDIATELY REPORT 356
ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 357
ESCAPEES, BY TELEPHONE AND IN WRITING TO ALL LOCAL LAW 358
ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH 359
THE FACILITY IS LOCATED, TO THE PROSECUTING ATTORNEY OF THE 360
COUNTY IN WHICH THE FACILITY IS LOCATED, TO THE STATE HIGHWAY 361
PATROL, TO A DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE
COUNTY IN WHICH THE FACILITY IS LOCATED AND, IF THE INSTITUTION 362
IS A STATE CORRECTIONAL INSTITUTION, TO THE DEPARTMENT OF 364
REHABILITATION AND CORRECTION. THE WRITTEN NOTICE MAY BE BY 365
EITHER FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH 366
THIS REQUIREMENT REGARDING AN ESCAPE IS A VIOLATION OF SECTION 367
2921.22 OF THE REVISED CODE. 368
(6) A requirement that, if the facility is a state 370
correctional institution, the contractor provide a written report 371
within specified time limits to the director of rehabilitation 373
and correction or the director's designee of all unusual
incidents at the facility as defined in rules promulgated by the 374
department of rehabilitation and correction or, if the facility 375
is a local correctional institution, that the contractor provide 376
a written report to the governing authority of the local public 377
entity.;
(6)(7) A requirement that the contractor maintain proper 380
control of inmates' personal funds pursuant to rules promulgated 381
by the department of rehabilitation and correction, for state 382
11
correctional institutions, or pursuant to the minimum standards
for jails along with any additional standards established by the 383
local public entity, for local correctional institutions, and 384
that records pertaining to these funds be made available to 385
representatives of the public entity for review or audit; 386
(7)(8) A requirement that the contractor prepare and 388
distribute to the director of rehabilitation and correction or, 390
if contracting with a local public entity, to the governing 391
authority of the local entity, annual budget income and 392
expenditure statements and funding source financial reports;
(8)(9) A requirement that the public entity appoint and 394
supervise a full-time contract monitor, that the contractor 396
provide suitable office space for the contract monitor at the 397
facility, and that the contractor allow the contract monitor 398
unrestricted access to all parts of the facility and all records 399
of the facility except the contractor's financial records; 400
(9)(10) A requirement that if the facility is a state 402
correctional institution, designated department of rehabilitation 404
and correction staff members be allowed access to the facility in 405
accordance with rules promulgated by the department; 406
(10)(11) A requirement that the contractor provide 408
internal and perimeter security as agreed upon in the contract; 411
(11)(12) If the facility is a state correctional 413
institution, a requirement that the contractor impose discipline 415
on inmates housed in a state correctional institution, only in 416
accordance with rules promulgated by the department of 417
rehabilitation and correction;
(12)(13) A requirement that the facility be staffed at all 419
times with a staffing pattern approved by the public entity and 421
adequate both to ensure supervision of inmates and maintenance of 422
security within the facility, and to provide for programs, 423
transportation, security, and other operational needs. In 424
determining security needs, the contractor shall be required to 425
consider, among other things, the proximity of the facility to 426
12
neighborhoods and schools.
(13)(14) If the contract is with a local public entity, a 428
requirement that the contractor provide the following services 430
and programs, consistent with the minimum standards for jails 432
promulgated by the department of rehabilitation and correction 433
under section 5120.10 of the Revised Code;
(14)(15) A clear statement that no immunity from liability 435
granted to the state, and no immunity from liability granted to 437
political subdivisions under Chapter 2744. of the Revised Code, 438
shall extend to the contractor or any of the contractor's 439
employees;
(15)(16) A statement that all documents and records 441
relevant to the facility shall be maintained in the same manner 442
required for, and subject to the same laws, rules, and 443
regulations as apply to, the records of the public entity; 444
(16)(17) Authorization for the public entity to impose a 446
fine on the contractor from a schedule of fines included in the 448
contract for the contractor's failure to perform its contractual 449
duties, or to cancel the contract, as the public entity considers 450
appropriate. If a fine is imposed, the public entity may reduce 451
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine. 452
(17)(18) A statement that all services provided or goods 454
produced at the facility shall be subject to the same 456
regulations, and the same distribution limitations, as apply to 457
goods and services produced at other correctional institutions; 458
(18)(19) Authorization for the department to establish one 460
or more prison industries at a facility operated and managed by a 462
contractor for the department; 463
(19)(20) A requirement that, if the facility is an 465
intensive program prison established pursuant to section 5120.033 467
of the Revised Code, the facility shall comply with all criteria 469
for intensive program prisons of that type that are set forth in
that section; 470
13
(21) IF THE INSTITUTION IS A STATE CORRECTIONAL 472
INSTITUTION, A REQUIREMENT THAT THE CONTRACTOR PROVIDE CLOTHING 473
FOR ALL INMATES HOUSED IN THE FACILITY THAT IS CONSPICUOUS IN ITS 475
COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES 476
ITS WEARER AS AN INMATE, AND THAT IS READILY DISTINGUISHABLE FROM 477
CLOTHING OF A NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY 478
BY NON-INMATES, THAT THE CONTRACTOR REQUIRE ALL INMATES HOUSED IN 479
THE FACILITY TO WEAR THE CLOTHING SO PROVIDED, AND THAT THE 480
CONTRACTOR NOT PERMIT ANY INMATE, WHILE INSIDE OR ON THE PREMISES 481
OF THE FACILITY OR WHILE BEING TRANSPORTED TO OR FROM THE 482
FACILITY, TO WEAR ANY CLOTHING OF A NATURE THAT DOES NOT 483
CONSPICUOUSLY IDENTIFY ITS WEARER AS AN INMATE AND THAT NORMALLY 484
IS WORN OUTSIDE THE FACILITY BY NON-INMATES. 485
(C) No contract entered into under this section may 487
require, authorize, or imply a delegation of the authority or 488
responsibility of the public entity to a contractor for any of 489
the following:
(1) Developing or implementing procedures for calculating 491
inmate release and parole eligibility dates and recommending the 492
granting or denying of parole, although the contractor may submit 493
written reports that have been prepared in the ordinary course of 494
business;
(2) Developing or implementing procedures for calculating 496
and awarding earned credits, approving the type of work inmates 497
may perform and the wage or earned credits, if any, that may be 498
awarded to inmates engaging in such work, and granting, denying, 500
or revoking earned credits;
(3) For inmates serving a term imposed for a felony 502
offense committed prior to July 1, 1996, or for a misdemeanor 503
offense, developing or implementing procedures for calculating 504
and awarding good time, approving the good time, if any, that may 505
be awarded to inmates engaging in work, and granting, denying, or 506
revoking good time;
(4) For inmates serving a term imposed for a felony 508
14
offense committed on or after July 1, 1996, extending an inmate's 509
term pursuant to the provisions of law governing bad time; 510
(5) Classifying an inmate or placing an inmate in a more 513
or a less restrictive custody than the custody ordered by the 514
public entity;
(6) Approving inmates for work release; 516
(7) Contracting for local or long distance telephone 518
services for inmates or receiving commissions from such services 520
at a facility that is owned by or operated under a contract with 521
the department.
(D) A contractor that has been approved to operate a 523
facility under this section, and a person or entity that enters 524
into a contract for specialized services, as described in 525
division (I) of this section, relative to an intensive program 526
prison established pursuant to section 5120.033 of the Revised 527
Code to be operated by a contractor that has been approved to
operate the prison under this section, shall provide an adequate 528
policy of insurance specifically including, but not limited to, 529
insurance for civil rights claims as determined by a risk 530
management or actuarial firm with demonstrated experience in 531
public liability for state governments. The insurance policy 532
shall provide that the state, including all state agencies, and 533
all political subdivisions of the state with jurisdiction over 534
the facility or in which a facility is located are named as
insured, and that the state and its political subdivisions shall 535
be sent any notice of cancellation. The contractor may not 536
self-insure.
A contractor that has been approved to operate a facility 539
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) 540
of this section, relative to an intensive program prison 541
established pursuant to section 5120.033 of the Revised Code to 542
be operated by a contractor that has been approved to operate the 544
prison under this section, shall indemnify and hold harmless the 545
15
state, its officers, agents, and employees, and any local 547
government entity in the state having jurisdiction over the 548
facility or ownership of the facility, shall reimburse the state 549
for its costs in defending the state or any of its officers, 550
agents, or employees, and shall reimburse any local government 551
entity of that nature for its costs in defending the local 552
government entity, from all of the following:
(1) Any claims or losses for services rendered by the 554
contractor, person, or entity performing or supplying services in 556
connection with the performance of the contract; 557
(2) Any failure of the contractor, person, or entity or 559
its officers or employees to adhere to the laws, rules, 561
regulations, or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights 563
claim brought against the state related to the facility operated 564
and managed by the contractor;
(4) Any claims, losses, demands, or causes of action 566
arising out of the contractor's, person's, or entity's activities 567
in this state;
(5) Any attorney's fees or court costs arising from any 569
habeas corpus actions or other inmate suits that may arise from 570
any event that occurred at the facility or was a result of such 571
an event, or arise over the conditions, management, or operation 572
of the facility, which fees and costs shall include, but not be 573
limited to, attorney's fees for the state's representation and
for any court-appointed representation of any inmate, and the 574
costs of any special judge who may be appointed to hear such 575
actions.
(E) Private correctional officers of a contractor 577
operating and managing a facility pursuant to a contract entered 578
into under this section may carry and use firearms in the course 580
of their employment only after being certified as satisfactorily 581
completing an approved training program as described in division 582
(A) of section 109.78 of the Revised Code.
16
(F) Upon notification by the contractor of an escape from, 584
or of a disturbance at, the facility that is the subject of a 585
contract entered into under this section, the department of 586
rehabilitation and correction and state and local law enforcement 587
agencies shall use all reasonable means to recapture escapees or 588
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee 589
or the quelling of a disturbance at the facility shall be 590
chargeable to and borne by the contractor. The contractor shall 591
also reimburse the state or its political subdivisions for all 592
reasonable costs incurred relating to the temporary detention of 593
the escapee following recapture.
(G) Any offense that would be a crime if committed at a 595
state correctional institution or jail, workhouse, prison, or 596
other correctional facility shall be a crime if committed by or 597
with regard to inmates at facilities operated pursuant to a 598
contract entered into under this section. 599
(H) A contractor operating and managing a facility 601
pursuant to a contract entered into under this section shall pay 602
any inmate workers at the facility at the rate approved by the 604
public entity. Inmates working at the facility shall not be 605
considered employees of the contractor.
(I) In contracting for the private operation and 607
management pursuant to division (A) of this section of the 608
initial intensive program prison established pursuant to section 609
5120.033 of the Revised Code or of any other intensive program 611
prison established pursuant to that section, the department of
rehabilitation and correction may enter into a contract with a 612
contractor for the general operation and management of the prison 613
and may enter into one or more separate contracts with other 614
persons or entities for the provision of specialized services for 615
persons confined in the prison, including, but not limited to, 616
security or training services or medical, counseling,
educational, or similar treatment programs. If, pursuant to this 617
17
division, the department enters into a contract with a contractor 618
for the general operation and management of the prison and also 619
enters into one or more specialized service contracts with other 620
persons or entities, all of the following apply: 621
(1) The contract for the general operation and management 623
shall comply with all requirements and criteria set forth in this 624
section, and all provisions of this section apply in relation to 625
the prison operated and managed pursuant to the contract. 626
(2) Divisions (A)(2), (B), and (C) of this section do not 629
apply in relation to any specialized services contract, except to 630
the extent that the provisions of those divisions clearly are
relevant to the specialized services to be provided under the 631
specialized services contract. Division (D) of this section 632
applies in relation to each specialized services contract. 633
(J) As used in this section: 636
(1) "Public entity" means the department of rehabilitation 638
and correction, or a county or municipal corporation or a 639
combination of counties and municipal corporations, that has 640
jurisdiction over a facility that is the subject of a contract 641
entered into under this section.
(2) "Local public entity" means a county or municipal 643
corporation, or a combination of counties and municipal 644
corporations, that has jurisdiction over a jail, workhouse, or 645
other correctional facility used only for misdemeanants that is 646
the subject of a contract entered into under this section.
(3) "Governing authority of a local public entity" means, 648
for a county, the board of county commissioners; for a municipal 649
corporation, the legislative authority; for a combination of 650
counties and municipal corporation, all the boards of county 651
commissioners and municipal legislative authorities that joined 652
to create the facility.
(4) "Contractor" means a person who enters into a contract 654
under this section to operate and manage a jail, workhouse, or 655
other correctional facility.
18
(5) "Facility" means the specific county, multicounty, 657
municipal, municipal-county, or multicounty-municipal jail, 658
workhouse, prison, or other type of correctional institution or 659
facility used only for misdemeanants, or a state correctional 660
institution, that is the subject of a contract entered into under 661
this section.
Sec. 9.07. (A) As used in this section: 670
(1) "Deadly weapon" has the same meaning as in section 672
2923.11 of the Revised Code. 673
(2) "Governing authority of a local public entity" means 675
whichever of the following is applicable: 676
(a) For a county, the board of county commissioners of the 679
county;
(b) For a municipal corporation, the legislative authority 682
of the municipal corporation;
(c) For a combination of counties, a combination of 685
municipal corporations, or a combination of one or more counties 686
and one or more municipal corporations, all boards of county 687
commissioners and legislative authorities of all of the counties 688
and municipal corporations that combined to form a local public 689
entity for purposes of this section.
(3) "Local public entity" means a county, a municipal 691
corporation, a combination of counties, a combination of 692
municipal corporations, or a combination of one or more counties 693
and one or more municipal corporations. 694
(4) "Non-contracting political subdivision" means any 697
political subdivision to which all of the following apply:
(a) A correctional facility for the housing of 699
out-of-state prisoners in this state is or will be located in the 700
political subdivision. 701
(b) The correctional facility described in division 703
(A)(4)(a) of this section is being operated and managed, or will 705
be operated and managed, by a local public entity or a private 706
contractor pursuant to a contract entered into prior to the 708
19
effective date of this section MARCH 17, 1998, or a contract 710
entered into on or after the effective date of this section MARCH 712
17, 1998, under this section. 713
(c) The political subdivision is not a party to the 715
contract described in division (A)(4)(b) of this section for the 718
management and operation of the correctional facility.
(5) "Out-of-state jurisdiction" means the United States, 720
any state other than this state, and any political subdivision or 722
other jurisdiction located in a state other than this state. 723
(6) "Out-of-state prisoner" means a person who is 725
convicted of a crime in another state or under the laws of the 726
United States or who is found under the laws of another state or 728
of the United States to be a delinquent child or the 730
substantially equivalent designation.
(7) "Private contractor" means either of the following: 732
(a) A person who, on or after the effective date of this 734
section MARCH 17, 1998, enters into a contract under this section 737
with a local public entity to operate and manage a correctional 738
facility in this state for out-of-state prisoners. 739
(b) A person who, pursuant to a contract with a local 741
public entity entered into prior to the effective date of this 743
section MARCH 17, 1998, operates and manages on the effective 745
date of this section MARCH 17, 1998, a correctional facility in 747
this state for housing out-of-state prisoners. 748
(B) Subject to division (I) of this section, the only 750
entities other than this state that are authorized to operate a 751
correctional facility to house out-of-state prisoners in this 752
state are a local public entity that operates a correctional 753
facility pursuant to this section or a private contractor that 754
operates a correctional facility pursuant to this section under a 756
contract with a local public entity.
Subject to division (I) of this section, a private entity 759
may operate a correctional facility in this state for the housing 760
of out-of-state prisoners only if the private entity is a private 761
20
contractor that enters into a contract that comports with 762
division (D) of this section with a local public entity for the 763
management and operation of the correctional facility. 764
(C)(1) Except as provided in this division, on and after 767
the effective date of this section MARCH 17, 1998, a local public 768
entity shall not enter into a contract with an out-of-state 770
jurisdiction to house out-of-state prisoners in a correctional 771
facility in this state. On and after the effective date of this 772
section MARCH 17, 1998, a local public entity may enter into a 774
contract with an out-of-state jurisdiction to house out-of-state 775
prisoners in a correctional facility in this state only if the 777
local public entity and the out-of-state jurisdiction with which 778
the local public entity intends to contract jointly submit to the 779
department of rehabilitation and correction a statement that 780
certifies the correctional facility's intended use, intended 781
prisoner population, and custody level, and the department 782
reviews and comments upon the plans for the design or renovation 783
of the correctional facility regarding their suitability for the 785
intended prisoner population specified in the submitted 786
statement.
(2) If a local public entity and an out-of-state 788
jurisdiction enter into a contract to house out-of-state 789
prisoners in a correctional facility in this state as authorized 790
under division (C)(1) of this section, in addition to any other 792
provisions it contains, the contract shall include whichever of 793
the following provisions is applicable:
(a) If a private contractor will operate the facility in 796
question pursuant to a contract entered into in accordance with 797
division (D) of this section, a requirement that, if the facility 798
is closed or ceases to operate for any reason and if the 799
conversion plan described in division (D)(16) of this section is 801
not complied with, the out-of-state jurisdiction will be 802
responsible for housing and transporting the prisoners who are in 803
the facility at the time it is closed or ceases to operate and 804
21
for the cost of so housing and transporting those prisoners; 805
(b) If a private contractor will not operate the facility 808
in question pursuant to a contract entered into in accordance 809
with division (D) of this section, a conversion plan that will be 811
followed if, for any reason, the facility is closed or ceases to 812
operate. The conversion plan shall include, but is not limited 813
to, provisions that specify whether the local public entity or 814
the out-of-state jurisdiction will be responsible for housing and 815
transporting the prisoners who are in the facility at the time it 816
is closed or ceases to operate and for the cost of so housing and 817
transporting those prisoners.
(3) If a local public entity and an out-of-state 819
jurisdiction intend to enter into a contract to house 820
out-of-state prisoners in a correctional facility in this state 821
as authorized under division (C)(1) of this section, or if a 822
local public entity and a private contractor intend to enter into 823
a contract pursuant to division (D) of this section for the 824
private contractor's management and operation of a correctional 825
facility in this state to house out-of-state prisoners, prior to
entering into the contract the local public entity and the 826
out-of-state jurisdiction, or the local public entity and the 827
private contractor, whichever is applicable, shall conduct a 829
public hearing in accordance with this division, and, prior to
entering into the contract, the governing authority of the local 830
public entity in which the facility is or will be located shall 831
authorize the location and operation of the facility. The 832
hearing shall be conducted at a location within the municipal 833
corporation or township in which the facility is or will be 835
located. At least one week prior to conducting the hearing, the 836
local public entity and the out-of-state jurisdiction or private 837
contractor with the duty to conduct the hearing shall cause 839
notice of the date, time, and place of the hearing to be made by 841
publication in the newspaper with the largest general circulation 842
in the county in which the municipal corporation or township is 843
22
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 844
published. This division applies to a private contractor that, 845
pursuant to the requirement set forth in division (I) of this 846
section, is required to enter into a contract under division (D) 847
of this section.
(D) Subject to division (I) of this section, on and after 850
the effective date of this section MARCH 17, 1998, if a local 851
public entity enters into a contract with a private contractor 852
for the management and operation of a correctional facility in 853
this state to house out-of-state prisoners, the contract, at a 854
minimum, shall include all of the following provisions:
(1) A requirement that the private contractor seek and 856
obtain accreditation from the American correctional association 857
for the correctional facility within two years after accepting 858
the first out-of-state prisoner at the correctional facility 859
under the contract and that it maintain that accreditation for 860
the term of the contract;
(2) A requirement that the private contractor comply with 862
all applicable laws, rules, or regulations of the government of 863
this state, political subdivisions of this state, and the United 865
States, including, but not limited to, all sanitation, food 867
service, safety, and health regulations; 868
(3) A requirement that the private contractor send copies 870
of reports of inspections completed by appropriate authorities 871
regarding compliance with laws, rules, and regulations of the 872
type described in division (D)(2) of this section to the director 875
of rehabilitation and correction or the director's designee and 876
to the governing authority of the local public entity in which 877
the correctional facility is located;
(4) A requirement that the private contractor report to 879
the local law enforcement agencies with jurisdiction over the 880
place at which the correctional facility is located, for 881
investigation, all criminal offenses or delinquent acts that are 882
23
committed in or on the grounds of, or otherwise in connection 883
with, the correctional facility and report to the department of 884
rehabilitation and correction all escapes from or disturbances at 886
the facility;
(5) A REQUIREMENT THAT THE PRIVATE CONTRACTOR IMMEDIATELY 888
REPORT ALL ESCAPES FROM THE FACILITY, AND THE APPREHENSION OF ALL 890
ESCAPEES, BY TELEPHONE AND IN WRITING TO THE DEPARTMENT OF 891
REHABILITATION AND CORRECTION, TO ALL LOCAL LAW ENFORCEMENT 892
AGENCIES WITH JURISDICTION OVER THE PLACE AT WHICH THE FACILITY 893
IS LOCATED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 894
ATTORNEY OF THE COUNTY IN WHICH THE FACILITY IS LOCATED, AND TO A 895
DAILY NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY IN WHICH 896
THE FACILITY IS LOCATED. THE WRITTEN NOTICE MAY BE BY EITHER 897
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 898
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 900
CODE.
(6) A requirement that the private contractor provide a 902
written report to the director of rehabilitation and correction 903
or the director's designee and to the governing authority of the 904
local public entity in which the correctional facility is located 906
of all unusual incidents occurring at the correctional facility. 907
The private contractor shall report the incidents in accordance
with the incident reporting rules that, at the time of the 909
incident, are applicable to state correctional facilities for 910
similar incidents occurring at state correctional facilities. 911
(6)(7) A requirement that the private contractor provide 913
internal and perimeter security to protect the public, staff 914
members of the correctional facility, and prisoners in the 915
correctional facility; 916
(7)(8) A requirement that the correctional facility be 918
staffed at all times with a staffing pattern that is adequate to 919
ensure supervision of inmates and maintenance of security within 920
the correctional facility and to provide for appropriate 921
programs, transportation, security, and other operational needs. 922
24
In determining security needs for the correctional facility, the 924
private contractor and the contract requirements shall fully take 925
into account all relevant factors, including, but not limited to, 926
the proximity of the facility to neighborhoods and schools. 927
(8)(9) A requirement that the private contractor provide 929
an adequate policy of insurance that satisfies the requirements 930
set forth in division (D) of section 9.06 of the Revised Code 932
regarding contractors who operate and manage a facility under 933
that section, and that the private contractor indemnify and hold 934
harmless the state, its officers, agents, and employees, and any 935
local public entity in the state with jurisdiction over the place 936
at which the correctional facility is located or that owns the 937
correctional facility, reimburse the state for its costs in 939
defending the state or any of its officers, agents, or employees,
and reimburse any local government entity of that nature for its 940
costs in defending the local government entity, in the manner 942
described in division (D) of that section regarding contractors 944
who operate and manage a facility under that section; 945
(9)(10) A requirement that the private contractor develop 947
a security classification schedule ADOPT for prisoners housed in 949
the correctional facility THE SECURITY CLASSIFICATION SYSTEM AND 950
SCHEDULE ADOPTED BY THE DEPARTMENT OF REHABILITATION AND 951
CORRECTION UNDER SECTION 5145.03 OF THE REVISED CODE, classify in 952
accordance with the SYSTEM AND schedule each prisoner housed in 953
the facility, and house all prisoners in the facility in 954
accordance with their classification under this division; 955
(10)(11) A requirement that the private contractor will 957
not accept for housing, and will not house, in the correctional 958
facility any out-of-state prisoner in relation to whom either ANY 960
of the following applies:
(a) The private entity has not obtained from the 962
out-of-state jurisdiction that imposed the sentence or sanction 963
under which the prisoner will be confined in this state a copy of 965
the institutional record of the prisoner while previously
25
confined in that out-of-state jurisdiction or a statement that 966
the prisoner previously has not been confined in that 967
out-of-state jurisdiction and a copy of all medical records 968
pertaining to that prisoner that are in the possession of the 969
out-of-state jurisdiction. 970
(b) The prisoner, while confined in any out-of-state 973
jurisdiction, has a record of institutional violence involving 974
the use of a deadly weapon and OR a pattern of committing acts of 976
an assaultive nature against employees of, or visitors to, the 977
place of confinement or has a record of escape or attempted 978
escape from secure custody.
(c) UNDER THE SECURITY CLASSIFICATION SYSTEM AND SCHEDULE 980
ADOPTED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER 981
SECTION 5145.03 OF THE REVISED CODE AND ADOPTED BY THE PRIVATE 982
CONTRACTOR UNDER DIVISION (B)(10) OF THIS SECTION, THE 983
OUT-OF-STATE PRISONER WOULD BE CLASSIFIED AS BEING AT A SECURITY
LEVEL HIGHER THAN MEDIUM SECURITY. 984
(11)(12) A requirement that the private contractor, prior 986
to housing any out-of-state prisoner in the correctional facility 987
under the contract, enter into a written agreement with the 988
department of rehabilitation and correction that sets forth a 990
plan and procedure that will be used to coordinate law 991
enforcement activities of state law enforcement agencies and of
local law enforcement agencies with jurisdiction over the place 992
at which the facility is located in response to any riot, 993
rebellion, escape, insurrection, or other emergency occurring 994
inside or outside the facility; 995
(12)(13) A requirement that the private contractor 997
cooperate with the correctional institution inspection committee 998
in the committee's performance of its duties under section 103.73 999
of the Revised Code and provide the committee, its subcommittees, 1,001
and its staff members, in performing those duties, with access to 1,002
the correctional facility as described in that section; 1,003
(13)(14) A requirement that the private contractor permit 1,005
26
any peace officer who serves a law enforcement agency with 1,006
jurisdiction over the place at which the correctional facility is 1,008
located to enter into the facility to investigate any criminal 1,009
offense or delinquent act that allegedly has been committed in or 1,010
on the grounds of, or otherwise in connection with, the facility; 1,011
(14)(15) A requirement that the private contractor will 1,013
not employ any person at the correctional facility until after 1,014
the private contractor has submitted to the bureau of criminal 1,015
identification and investigation, on a form prescribed by the 1,016
superintendent of the bureau, a request that the bureau conduct a 1,017
criminal records check of the person and a requirement that the 1,018
private contractor will not employ any person at the facility if 1,019
the records check or other information possessed by the 1,020
contractor indicates that the person previously has engaged in 1,021
malfeasance; 1,022
(15)(16) A requirement that the private contractor will 1,024
not accept for housing, and will not house, in the correctional 1,025
facility any out-of-state prisoner unless the private contractor 1,026
and the out-of-state jurisdiction that imposed the sentence for 1,027
which the prisoner is to be confined agree that, if the 1,028
out-of-state prisoner is confined in the facility in this state, 1,029
commits a criminal offense while confined in the facility, is 1,030
convicted of or pleads guilty to that offense, and is sentenced 1,031
to a term of confinement for that offense but is not sentenced to 1,032
death for that offense, the private contractor and the 1,033
out-of-state jurisdiction will do all of the following: 1,034
(a) Unless section 5120.50 of the Revised Code does not 1,037
apply in relation to the offense the prisoner committed while
confined in this state and the term of confinement imposed for 1,039
that offense, the out-of-state jurisdiction will accept the 1,041
prisoner pursuant to that section for service of that term of 1,043
confinement and for any period of time remaining under the
sentence for which the prisoner was confined in the facility in 1,044
this state, the out-of-state jurisdiction will confine the 1,045
27
prisoner pursuant to that section for that term and that 1,046
remaining period of time, and the private contractor will 1,047
transport the prisoner to the out-of-state jurisdiction for 1,048
service of that term and that remaining period of time. 1,049
(b) If section 5120.50 of the Revised Code does not apply 1,051
in relation to the offense the prisoner committed while confined 1,052
in this state and the term of confinement imposed for that 1,053
offense, the prisoner shall be returned to the out-of-state 1,054
jurisdiction or its private contractor for completion of the 1,055
period of time remaining under the out-of-state sentence for 1,057
which the prisoner was confined in the facility in this state
before starting service of the term of confinement imposed for 1,059
the offense committed while confined in this state, the 1,060
out-of-state jurisdiction or its private contractor will confine 1,061
the prisoner for that remaining period of time and will transport
the prisoner outside of this state for service of that remaining 1,062
period of time, and, if the prisoner is confined in this state in 1,064
a facility operated by the department of rehabilitation and 1,065
correction, the private contractor will be financially
responsible for reimbursing the department at the per diem cost 1,066
of confinement for the duration of that incarceration, with the 1,067
amount of the reimbursement so paid to be deposited in the 1,068
department's prisoner programs fund. 1,069
(16)(17) A requirement that the private contractor, prior 1,072
to housing any out-of-state prisoner in the correctional facility 1,073
under the contract, enter into an agreement with the local public 1,074
entity that sets forth a conversion plan that will be followed 1,075
if, for any reason, the facility is closed or ceases to operate. 1,076
The conversion plan shall include, but is not limited to, 1,077
provisions that specify whether the private contractor, the local 1,078
public entity, or the out-of-state jurisdictions that imposed the 1,079
sentences for which the out-of-state prisoners are confined in 1,080
the facility will be responsible for housing and transporting the 1,081
prisoners who are in the facility at the time it is closed or 1,082
28
ceases to operate and for the cost of so housing and transporting 1,083
those prisoners.
(17)(18) A schedule of fines that the local public entity 1,085
shall impose upon the private contractor if the private 1,087
contractor fails to perform its contractual duties, and a 1,088
requirement that, if the private contractor fails to perform its 1,089
contractual duties, the local public entity shall impose a fine 1,091
on the private contractor from the schedule of fines and, in
addition to the fine, may exercise any other rights it has under 1,093
the contract. Division (F)(2) of this section applies regarding 1,094
a fine described in this division.
(18)(19) A requirement that the private contractor adopt 1,096
and use in the correctional facility the drug testing and 1,098
treatment program that the department of rehabilitation and 1,099
correction uses for inmates in state correctional institutions; 1,100
(20) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE 1,103
CLOTHING FOR ALL OUT-OF-STATE PRISONERS HOUSED IN THE 1,104
CORRECTIONAL FACILITY THAT IS CONSPICUOUS IN ITS COLOR, STYLE, OR 1,105
COLOR AND STYLE, THAT CONSPICUOUSLY IDENTIFIES ITS WEARER AS A 1,106
PRISONER, AND THAT IS READILY DISTINGUISHABLE FROM CLOTHING OF A 1,107
NATURE THAT NORMALLY IS WORN OUTSIDE THE FACILITY BY
NON-PRISONERS, THAT THE PRIVATE CONTRACTOR REQUIRE ALL 1,108
OUT-OF-STATE PRISONERS HOUSED IN THE FACILITY TO WEAR THE 1,109
CLOTHING SO PROVIDED, AND THAT THE PRIVATE CONTRACTOR NOT PERMIT 1,110
ANY OUT-OF-STATE PRISONER, WHILE INSIDE OR ON THE PREMISES OF THE 1,112
FACILITY OR WHILE BEING TRANSPORTED TO OR FROM THE FACILITY, TO
WEAR ANY CLOTHING OF A NATURE THAT DOES NOT CONSPICUOUSLY 1,114
IDENTIFY ITS WEARER AS A PRISONER AND THAT NORMALLY IS WORN 1,115
OUTSIDE THE FACILITY BY NON-PRISONERS;
(21) A REQUIREMENT THAT, AT THE TIME THE CONTRACT IS MADE, 1,117
THE PRIVATE CONTRACTOR PROVIDE TO ALL PARTIES TO THE CONTRACT 1,118
ADEQUATE PROOF THAT IT HAS COMPLIED WITH THE REQUIREMENT 1,119
DESCRIBED IN DIVISION (D)(9) OF THIS SECTION, AND A REQUIREMENT 1,120
THAT, AT ANY TIME DURING THE TERM OF THE CONTRACT, THE PRIVATE 1,121
29
CONTRACTOR UPON REQUEST PROVIDE TO ANY PARTY TO THE CONTRACT 1,122
ADEQUATE PROOF THAT IT CONTINUES TO BE IN COMPLIANCE WITH THE 1,123
REQUIREMENT DESCRIBED IN DIVISION (D)(9) OF THIS SECTION. 1,124
(E) A private correctional officer or other designated 1,127
employee of a private contractor that operates a correctional 1,128
facility that houses out-of-state prisoners in this state under a 1,129
contract entered into prior to, on, or after the effective date 1,130
of this section MARCH 17, 1998, may carry and use firearms in the 1,132
course of the officer's or employee's employment only if the 1,133
officer or employee is certified as having satisfactorily 1,134
completed an approved training program designed to qualify 1,136
persons for positions as special police officers, security
guards, or persons otherwise privately employed in a police 1,137
capacity, as described in division (A) of section 109.78 of the 1,139
Revised Code.
(F)(1) Upon notification by the private contractor of an 1,142
escape from, or of a disturbance at, a correctional facility that 1,143
is operated by a private contractor under a contract entered into 1,144
prior to, on, or after the effective date of this section MARCH 1,146
17, 1998, and that houses out-of-state prisoners in this state, 1,147
the department of rehabilitation and correction and state and 1,149
local law enforcement agencies shall use all reasonable means to 1,150
recapture persons who escaped from the facility or quell any 1,151
disturbance at the facility, in accordance with the plan and 1,152
procedure included in the written agreement entered into under
division (D)(11)(12) of this section in relation to contracts 1,154
entered into on or after the effective date of this section MARCH 1,156
17, 1998, and in accordance with their normal procedures in 1,157
relation to contracts entered into prior to the effective date of 1,158
this section MARCH 17, 1998. Any cost incurred by this state or 1,160
a political subdivision of this state relating to the 1,161
apprehension of a person who escaped from the facility, to the 1,162
quelling of a disturbance at the facility, or to the
investigation or prosecution as described in division (G)(2) of 1,163
30
this section of any offense relating to the escape or disturbance 1,164
shall be chargeable to and borne by the private contractor. The 1,165
contractor also shall reimburse the state or its political 1,166
subdivisions for all reasonable costs incurred relating to the 1,167
temporary detention of a person who escaped from the facility, 1,168
following the person's recapture. 1,169
(2) If a private contractor that, on or after the 1,171
effective date of this section MARCH 17, 1998, enters into a 1,173
contract under this section with a local public entity for the 1,175
operation of a correctional facility that houses out-of-state
prisoners fails to perform its contractual duties, the local 1,177
public entity shall impose upon the private contractor a fine 1,178
from the schedule of fines included in the contract and may 1,179
exercise any other rights it has under the contract. A fine 1,180
imposed under this division shall be paid to the local public 1,181
entity that enters into the contract, and the local public entity 1,182
shall deposit the money so paid into its treasury to the credit 1,183
of the fund used to pay for community policing. If a fine is 1,184
imposed under this division, the local public entity may reduce 1,186
the payment owed to the private contractor pursuant to any 1,187
invoice in the amount of the fine.
(3) If a private contractor, on or after the effective 1,189
date of this section MARCH 17, 1998, enters into a contract under 1,191
this section with a local public entity for the operation of a
correctional facility that houses out-of-state prisoners in this 1,193
state, the private contractor shall comply with the insurance,
indemnification, hold harmless, and cost reimbursement provisions 1,194
described in division (D)(8)(9) of this section. 1,195
(G)(1) Any act or omission that would be a criminal 1,198
offense or a delinquent act if committed at a state correctional 1,199
institution or at a jail, workhouse, prison, or other 1,200
correctional facility operated by this state or by any political 1,201
subdivision or group of political subdivisions of this state 1,202
shall be a criminal offense or delinquent act if committed by or 1,203
31
with regard to any out-of-state prisoner who is housed at any 1,204
correctional facility operated by a private contractor in this 1,205
state pursuant to a contract entered into prior to, on, or after 1,206
the effective date of this section MARCH 17, 1998. 1,207
(2) If any political subdivision of this state experiences 1,210
any cost in the investigation or prosecution of an offense 1,211
committed by an out-of-state prisoner housed in a correctional 1,212
facility operated by a private contractor in this state pursuant 1,213
to a contract entered into prior to, on, or after the effective 1,214
date of this section MARCH 17, 1998, the private contractor shall 1,215
reimburse the political subdivision for the costs so experienced. 1,217
(3)(a) Except as otherwise provided in this division, the 1,219
state, and any officer or employee, as defined in section 109.36 1,220
of the Revised Code, of the state is not liable in damages in a 1,222
civil action for any injury, death, or loss to person or property 1,223
that allegedly arises from, or is related to, the establishment, 1,225
management, or operation of a correctional facility to house
out-of-state prisoners in this state pursuant to a contract 1,226
between a local public entity and an out-of-state jurisdiction, a 1,227
local public entity and a private contractor, or a private 1,228
contractor and an out-of-state jurisdiction that was entered into 1,229
prior to the effective date of this section MARCH 17, 1998, or 1,231
that is entered into on or after the effective date of this 1,232
section MARCH 17, 1998, in accordance with its provisions. The 1,235
immunity provided in this division does not apply regarding an 1,236
act or omission of an officer or employee, as defined in section
109.36 of the Revised Code, of the state that is manifestly 1,238
outside the scope of the officer's or employee's official 1,239
responsibilities or regarding an act or omission of the state, or 1,241
of an officer or employee, as so defined, of the state that is 1,242
undertaken with malicious purpose, in bad faith, or in a wanton 1,243
or reckless manner.
(b) Except as otherwise provided in this division, a 1,245
non-contracting political subdivision, and any employee, as 1,246
32
defined in section 2744.01 of the Revised Code, of a 1,248
non-contracting political subdivision is not liable in damages in 1,249
a civil action for any injury, death, or loss to person or 1,250
property that allegedly arises from, or is related to, the 1,251
establishment, management, or operation of a correctional 1,252
facility to house out-of-state prisoners in this state pursuant 1,253
to a contract between a local public entity other than the 1,254
non-contracting political subdivision and an out-of-state 1,255
jurisdiction, a local public entity other than the
non-contracting political subdivision and a private contractor, 1,257
or a private contractor and an out-of-state jurisdiction that was 1,258
entered into prior to the effective date of this section MARCH 1,260
17, 1998, or that is entered into on or after the effective date 1,261
of this section MARCH 17, 1998, in accordance with its 1,263
provisions. The immunity provided in this division does not 1,264
apply regarding an act or omission of an employee, as defined in 1,265
section 2744.01 of the Revised Code, of a non-contracting 1,266
political subdivision that is manifestly outside the scope of the 1,267
employee's employment or official responsibilities or regarding 1,268
an act or omission of a non-contracting political subdivision or 1,269
an employee, as so defined, of a non-contracting political 1,270
subdivision that is undertaken with malicious purpose, in bad 1,271
faith, or in a wanton or reckless manner.
(c) Divisions (G)(3)(a) and (b) of this section do not 1,275
affect any immunity or defense that the state and its officers 1,276
and employees or a non-contracting political subdivision and its 1,277
employees may be entitled to under another section of the Revised 1,278
Code or the common law of this state, including, but not limited
to, section 9.86 or Chapter 2744. of the Revised Code. 1,279
(H)(1) Upon the completion of an out-of-state prisoner's 1,281
term of detention at a correctional facility operated by a 1,282
private contractor in this state pursuant to a contract entered 1,283
into prior to, on, or after the effective date of this section 1,285
MARCH 17, 1998, the operator of the correctional facility shall 1,286
33
transport the prisoner to the out-of-state jurisdiction that 1,287
imposed the sentence for which the prisoner was confined before 1,288
it releases the prisoner from its custody. 1,289
(2) No private contractor that operates and manages a 1,292
correctional facility housing out-of-state prisoners in this
state pursuant to a contract entered into prior to, on, or after 1,294
the effective date of this section MARCH 17, 1998, shall fail to 1,296
comply with division (H)(1) of this section.
(3) Whoever violates division (H)(2) of this section is 1,299
guilty of a misdemeanor of the first degree. 1,300
(I) Except as otherwise provided in this division, the 1,303
provisions of divisions (A) to (H) of this section apply in 1,304
relation to any correctional facility operated by a private 1,305
contractor in this state to house out-of-state prisoners, 1,306
regardless of whether the facility is operated pursuant to a 1,307
contract entered into prior to, on, or after the effective date 1,308
of this section MARCH 17, 1998. Division (C)(1) of this section 1,310
shall not apply in relation to any correctional facility for
housing out-of-state prisoners in this state that is operated by 1,311
a private contractor under a contract entered into with a local 1,312
public entity prior to the effective date of this section MARCH 1,313
17, 1998. If a private contractor operates a correctional 1,314
facility in this state for the housing of out-of-state prisoners 1,315
under a contract entered into with a local public entity prior to 1,316
the effective date of this section MARCH 17, 1998, no later than 1,317
one hundred eighty THIRTY days after the effective date of this 1,319
section AMENDMENT, the private contractor shall enter into a 1,321
contract with the local public entity that comports to the
requirements and criteria of division (D) of this section. 1,322
Sec. 9.08. THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL 1,324
CONDUCT AN ONGOING STUDY TO MONITOR THE PERFORMANCE OF ALL STATE 1,325
CORRECTIONAL FACILITIES THAT ARE PRIVATELY OPERATED AND MANAGED 1,326
PURSUANT TO SECTION 9.06 OF THE REVISED CODE, INCLUDING THE 1,327
FACILITIES LOCATED IN THE MUNICIPAL CORPORATIONS OF CONNEAUT AND 1,329
34
GRAFTON. THE DEPARTMENT SHALL DELINEATE THE SCOPE OF THE STUDY 1,330
AND MAY REVISE THE SCOPE OF THE STUDY WHEN APPROPRIATE. THE 1,331
DEPARTMENT SHALL MAKE REGULAR REPORTS CONTAINING THE FINDINGS OF 1,333
THE STUDY TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE 1,334
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER 1,335
OF THE SENATE. THE DEPARTMENT SHALL SUBMIT A REPORT AT LEAST 1,336
ONCE PER YEAR BUT MAY SUBMIT REPORTS AT MORE FREQUENT INTERVALS. 1,337
IN EACH REPORT, THE DEPARTMENT SHALL DESCRIBE THE CURRENT SCOPE 1,338
OF THE STUDY.
Sec. 101.30. (A) AS USED IN THIS SECTION: 1,340
(1) "LEGISLATIVE DOCUMENT" INCLUDES, BUT IS NOT LIMITED 1,342
TO, ALL OF THE FOLLOWING: 1,343
(a) A WORKING PAPER, WORK PRODUCT, CORRESPONDENCE, 1,345
PRELIMINARY DRAFT, NOTE, PROPOSED BILL OR RESOLUTION, PROPOSED 1,346
AMENDMENT TO A BILL OR RESOLUTION, ANALYSIS, OPINION, MEMORANDUM, 1,348
OR OTHER DOCUMENT IN WHATEVER FORM OR FORMAT PREPARED BY
LEGISLATIVE STAFF FOR A MEMBER OF THE GENERAL ASSEMBLY OR FOR 1,351
GENERAL ASSEMBLY STAFF; 1,352
(b) ANY DOCUMENT OR MATERIAL IN WHATEVER FORM OR FORMAT 1,354
PROVIDED BY A MEMBER OF THE GENERAL ASSEMBLY OR GENERAL ASSEMBLY 1,357
STAFF TO LEGISLATIVE STAFF THAT REQUESTS, OR THAT PROVIDES 1,358
INFORMATION OR MATERIALS TO ASSIST IN, THE PREPARATION OF ANY OF 1,359
THE ITEMS DESCRIBED IN DIVISION (A)(1)(a) OF THIS SECTION; 1,360
(c) ANY SUMMARY OF A BILL OR RESOLUTION OR OF AN AMENDMENT 1,362
TO A BILL OR RESOLUTION IN WHATEVER FORM OR FORMAT THAT IS 1,363
PREPARED BY OR IN THE POSSESSION OF A MEMBER OF THE GENERAL 1,364
ASSEMBLY OR GENERAL ASSEMBLY STAFF, IF THE SUMMARY IS PREPARED 1,365
BEFORE THE BILL, RESOLUTION, OR AMENDMENT IS FILED FOR 1,366
INTRODUCTION OR PRESENTED AT A COMMITTEE HEARING OR FLOOR 1,367
SESSION, AS APPLICABLE.
(2) "LEGISLATIVE STAFF" MEANS THE STAFF OF THE LEGISLATIVE 1,370
SERVICE COMMISSION, LEGISLATIVE BUDGET OFFICE OF THE LEGISLATIVE 1,372
SERVICE COMMISSION, OR ANY OTHER LEGISLATIVE AGENCY INCLUDED IN
THE LEGISLATIVE SERVICE COMMISSION BUDGET GROUP. 1,373
35
(3) "GENERAL ASSEMBLY STAFF" MEANS AN OFFICER OR EMPLOYEE 1,375
OF EITHER HOUSE OF THE GENERAL ASSEMBLY WHO ACTS ON BEHALF OF A 1,376
MEMBER OF THE GENERAL ASSEMBLY OR ON BEHALF OF A COMMITTEE OR 1,377
EITHER HOUSE OF THE GENERAL ASSEMBLY.
(B) LEGISLATIVE STAFF SHALL MAINTAIN A CONFIDENTIAL 1,380
RELATIONSHIP WITH EACH MEMBER OF THE GENERAL ASSEMBLY, AND WITH 1,381
EACH MEMBER OF THE GENERAL ASSEMBLY STAFF, WITH RESPECT TO 1,383
COMMUNICATIONS BETWEEN THE MEMBER OF THE GENERAL ASSEMBLY OR
GENERAL ASSEMBLY STAFF AND LEGISLATIVE STAFF. EXCEPT AS 1,385
OTHERWISE PROVIDED IN THIS DIVISION AND DIVISION (C) OF THIS 1,386
SECTION, A LEGISLATIVE DOCUMENT ARISING OUT OF THIS CONFIDENTIAL 1,387
RELATIONSHIP IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 1,388
149.43 OF THE REVISED CODE. WHEN IT IS IN THE PUBLIC INTEREST 1,390
AND WITH THE CONSENT OF THE COMMISSION, THE DIRECTOR OF THE 1,391
COMMISSION MAY RELEASE TO THE PUBLIC ANY LEGISLATIVE DOCUMENT IN 1,392
THE POSSESSION OF THE COMMISSION STAFF ARISING OUT OF A 1,393
CONFIDENTIAL RELATIONSHIP WITH A FORMER MEMBER OF THE GENERAL 1,394
ASSEMBLY OR FORMER MEMBER OF THE GENERAL ASSEMBLY STAFF WHO IS
NOT AVAILABLE TO MAKE THE LEGISLATIVE DOCUMENT A PUBLIC RECORD AS 1,396
PROVIDED IN DIVISION (C) OF THIS SECTION BECAUSE OF DEATH OR 1,397
DISABILITY, WHOM THE DIRECTOR IS UNABLE TO CONTACT FOR THAT
PURPOSE, OR WHO FAILS TO RESPOND TO THE DIRECTOR AFTER THE 1,398
DIRECTOR HAS MADE A REASONABLE NUMBER OF ATTEMPTS TO MAKE SUCH 1,399
CONTACT.
(C)(1) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR 1,402
PURPOSES OF SECTION 149.43 OF THE REVISED CODE IF IT IS AN 1,404
ANALYSIS, SYNOPSIS, FISCAL NOTE, OR LOCAL IMPACT STATEMENT 1,405
PREPARED BY LEGISLATIVE STAFF THAT IS REQUIRED TO BE PREPARED BY 1,406
LAW, OR BY A RULE OF EITHER HOUSE OF THE GENERAL ASSEMBLY, FOR 1,407
THE BENEFIT OF THE MEMBERS OF EITHER OR BOTH OF THOSE HOUSES OR 1,408
ANY LEGISLATIVE COMMITTEE AND IF IT HAS BEEN PRESENTED TO THOSE 1,409
MEMBERS.
(2) A LEGISLATIVE DOCUMENT IS A PUBLIC RECORD FOR PURPOSES 1,412
OF SECTION 149.43 OF THE REVISED CODE IF A MEMBER OF THE GENERAL 1,414
36
ASSEMBLY FOR WHOM LEGISLATIVE STAFF PREPARED THE LEGISLATIVE 1,416
DOCUMENT DOES ANY OF THE FOLLOWING:
(a) FILES IT FOR INTRODUCTION WITH THE CLERK OF THE SENATE 1,419
OR THE CLERK OF THE HOUSE OF REPRESENTATIVES, IF IT IS A BILL OR 1,420
RESOLUTION;
(b) PRESENTS IT AT A COMMITTEE HEARING OR FLOOR SESSION, 1,423
IF IT IS AN AMENDMENT TO A BILL OR RESOLUTION OR IS A SUBSTITUTE 1,424
BILL OR RESOLUTION;
(c) RELEASES IT, OR AUTHORIZES GENERAL ASSEMBLY STAFF OR 1,426
LEGISLATIVE STAFF TO RELEASE IT, TO THE PUBLIC. 1,427
Sec. 101.301. (A) AS USED IN THIS SECTION, "CAUCUS" MEANS 1,429
ALL OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES, OR ALL OF THE 1,430
MEMBERS OF THE SENATE, WHO ARE MEMBERS OF THE SAME POLITICAL 1,431
PARTY.
(B) NOTWITHSTANDING ANY CONTRARY PROVISION OF SECTION 1,433
2317.021 OF THE REVISED CODE, THE MEMBERS OF THE GENERAL ASSEMBLY 1,434
WHO ARE MEMBERS OF A CAUCUS, AND THE OFFICERS AND EMPLOYEES OF 1,435
THE GENERAL ASSEMBLY WHO EITHER SERVE THAT CAUCUS OR SERVE THE 1,436
MEMBERS OF THE GENERAL ASSEMBLY WHO ARE MEMBERS OF THAT CAUCUS, 1,437
ARE CLIENTS, FOR PURPOSES OF THE ATTORNEY-CLIENT TESTIMONIAL 1,438
PRIVILEGE SPECIFIED IN DIVISION (A) OF SECTION 2317.02 OF THE 1,439
REVISED CODE AND FOR PURPOSES OF ANY OTHER STATUTORY OR COMMON 1,441
LAW ATTORNEY-CLIENT PRIVILEGE RECOGNIZED IN THIS STATE, OF THE 1,442
EMPLOYEE OF THE HOUSE OF REPRESENTATIVES OR SENATE WHO SERVES AS 1,444
THE LEGAL COUNSEL FOR THAT CAUCUS.
Sec. 102.02. (A) Except as otherwise provided in division 1,453
(H) of this section, every person who is elected to or is a 1,454
candidate for a state, county, or city office, or the office of 1,455
member of the United States congress, and every person who is 1,456
appointed to fill a vacancy for an unexpired term in such an 1,457
elective office; all members of the state board of education; the 1,459
director, assistant directors, deputy directors, division chiefs, 1,460
or persons of equivalent rank of any administrative department of 1,461
the state; the president or other chief administrative officer of 1,462
37
every state institution of higher education as defined in section 1,463
3345.011 of the Revised Code; the chief executive officer of each 1,464
state retirement system; all members of the board of 1,465
commissioners on grievances and discipline of the supreme court 1,466
and the ethics commission created under section 102.05 of the 1,467
Revised Code; every business manager, treasurer, or 1,468
superintendent of a city, local, exempted village, joint 1,469
vocational, or cooperative education school district or an 1,470
educational service center; every person who is elected to or is 1,471
a candidate for the office of member of a board of education of a 1,472
city, local, exempted village, joint vocational, or cooperative 1,473
education school district or of a governing board of an 1,474
educational service center that has a total student count of 1,475
twelve thousand or more as most recently determined by the 1,476
department of education pursuant to section 3317.03 of the 1,478
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 1,479
or (F) of section 3311.71 of the Revised Code; all members of the 1,480
board of directors of a sanitary district established under 1,481
Chapter 6115. of the Revised Code and organized wholly for the 1,482
purpose of providing a water supply for domestic, municipal, and 1,484
public use that includes two municipal corporations in two 1,485
counties; every public official or employee who is paid a salary 1,487
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 1,488
other public official or employee who is designated by the 1,489
appropriate ethics commission pursuant to division (B) of this 1,490
section shall file with the appropriate ethics commission on a 1,491
form prescribed by the commission, a statement disclosing all of 1,492
the following: 1,493
(1) The name of the person filing the statement and each 1,495
member of the person's immediate family and all names under which 1,497
the person or members of the person's immediate family do 1,498
business; 1,499
38
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 1,501
section and except as otherwise provided in section 102.022 of 1,502
the Revised Code, identification of every source of income, other 1,503
than income from a legislative agent identified in division 1,504
(A)(2)(b) of this section, received during the preceding calendar 1,505
year, in the person's own name or by any other person for the 1,507
person's use or benefit, by the person filing the statement, and 1,508
a brief description of the nature of the services for which the 1,509
income was received. If the person filing the statement is a 1,510
member of the general assembly, the statement shall identify the 1,511
amount of every source of income received in accordance with the 1,512
following ranges of amounts: zero or more, but less than one 1,513
thousand dollars; one thousand dollars or more, but less than ten 1,514
thousand dollars; ten thousand dollars or more, but less than 1,515
twenty-five thousand dollars; twenty-five thousand dollars or 1,516
more, but less than fifty thousand dollars; fifty thousand 1,517
dollars or more, but less than one hundred thousand dollars; and 1,518
one hundred thousand dollars or more. Division (A)(2)(a) of this 1,519
section shall not be construed to require a person filing the 1,520
statement who derives income from a business or profession to 1,521
disclose the individual items of income that constitute the gross 1,522
income of that business or profession, except for those 1,523
individual items of income that are attributable to the person's 1,524
or, if the income is shared with the person, the partner's, 1,525
solicitation of services or goods or performance, arrangement, or 1,526
facilitation of services or provision of goods on behalf of the 1,527
business or profession of clients, including corporate clients, 1,528
who are legislative agents as defined in section 101.70 of the 1,529
Revised Code. A person who files the statement under this 1,530
section shall disclose the identity of and the amount of income 1,531
received from a person who the public official or employee knows 1,533
or has reason to know is doing or seeking to do business of any 1,534
kind with the public official's or employee's agency. 1,535
(b) If the person filing the statement is a member of the 1,537
39
general assembly, the statement shall identify every source of 1,538
income and the amount of that income that was received from a 1,539
legislative agent, as defined in section 101.70 of the Revised 1,540
Code, during the preceding calendar year, in the person's own 1,542
name or by any other person for the person's use or benefit, by 1,543
the person filing the statement, and a brief description of the 1,545
nature of the services for which the income was received. 1,546
Division (A)(2)(b) of this section requires the disclosure of 1,547
clients of attorneys or persons licensed under section 4732.12 of 1,548
the Revised Code, or patients of persons certified under section 1,549
4731.14 of the Revised Code, if those clients or patients are 1,550
legislative agents. Division (A)(2)(b) of this section requires 1,551
a person filing the statement who derives income from a business 1,552
or profession to disclose those individual items of income that 1,553
constitute the gross income of that business or profession that 1,554
are received from legislative agents. 1,555
(c) Except as otherwise provided in division (A)(2)(c) of 1,557
this section, division (A)(2)(a) of this section applies to 1,558
attorneys, physicians, and other persons who engage in the 1,559
practice of a profession and who, pursuant to a section of the 1,560
Revised Code, the common law of this state, a code of ethics 1,561
applicable to the profession, or otherwise, generally are 1,562
required not to reveal, disclose, or use confidences of clients, 1,563
patients, or other recipients of professional services except 1,564
under specified circumstances or generally are required to 1,565
maintain those types of confidences as privileged communications 1,566
except under specified circumstances. Division (A)(2)(a) of this 1,567
section does not require an attorney, physician, or other 1,568
professional subject to a confidentiality requirement as 1,569
described in division (A)(2)(c) of this section to disclose the 1,570
name, other identity, or address of a client, patient, or other 1,571
recipient of professional services if the disclosure would 1,572
threaten the client, patient, or other recipient of professional 1,573
services, would reveal details of the subject matter for which 1,574
40
legal, medical, or professional advice or other services were 1,575
sought, or would reveal an otherwise privileged communication 1,576
involving the client, patient, or other recipient of professional 1,577
services. Division (A)(2)(a) of this section does not require an 1,578
attorney, physician, or other professional subject to a 1,579
confidentiality requirement as described in division (A)(2)(c) of 1,580
this section to disclose in the brief description of the nature 1,581
of services required by division (A)(2)(a) of this section any 1,582
information pertaining to specific professional services rendered 1,583
for a client, patient, or other recipient of professional 1,584
services that would reveal details of the subject matter for 1,585
which legal, medical, or professional advice was sought or would 1,586
reveal an otherwise privileged communication involving the 1,587
client, patient, or other recipient of professional services. 1,588
(3) The name of every corporation on file with the 1,590
secretary of state that is incorporated in this state or holds a 1,592
certificate of compliance authorizing it to do business in this 1,593
state, trust, business trust, partnership, or association that 1,594
transacts business in this state in which the person filing the 1,596
statement or any other person for the person's use and benefit 1,597
had during the preceding calendar year an investment of over one 1,598
thousand dollars at fair market value as of the thirty-first day 1,599
of December of the preceding calendar year, or the date of 1,600
disposition, whichever is earlier, or in which the person holds 1,601
any office or has a fiduciary relationship, and a description of 1,602
the nature of the investment, office, or relationship. Division 1,603
(A)(3) of this section does not require disclosure of the name of 1,605
any bank, savings and loan association, credit union, or building 1,606
and loan association with which the person filing the statement 1,607
has a deposit or a withdrawable share account. 1,608
(4) All fee simple and leasehold interests to which the 1,610
person filing the statement holds legal title to or a beneficial 1,611
interest in real property located within the state, excluding the 1,612
person's residence and property used primarily for personal 1,613
41
recreation; 1,614
(5) The names of all persons residing or transacting 1,616
business in the state to whom the person filing the statement 1,617
owes, in the person's own name or in the name of any other 1,618
person, more than one thousand dollars. Division (A)(5) of this 1,621
section shall not be construed to require the disclosure of debts 1,622
owed by the person resulting from the ordinary conduct of a 1,623
business or profession or debts on the person's residence or real 1,624
property used primarily for personal recreation, except that the 1,625
superintendent of financial institutions shall disclose the names 1,627
of all state-chartered savings and loan associations and of all 1,629
service corporations subject to regulation under division (E)(2) 1,630
of section 1151.34 of the Revised Code to whom the superintendent 1,631
in the superintendent's own name or in the name of any other 1,632
person owes any money, and that the superintendent and any deputy 1,634
superintendent of banks shall disclose the names of all 1,635
state-chartered banks and all bank subsidiary corporations 1,636
subject to regulation under section 1109.44 of the Revised Code 1,637
to whom the superintendent or deputy superintendent owes any 1,638
money.
(6) The names of all persons residing or transacting 1,640
business in the state, other than a depository excluded under 1,641
division (A)(3) of this section, who owe more than one thousand 1,643
dollars to the person filing the statement, either in the 1,644
person's own name or to any person for the person's use or 1,646
benefit. Division (A)(6) of this section shall not be construed 1,648
to require the disclosure of clients of attorneys or persons 1,649
licensed under section 4732.12 or 4732.15 of the Revised Code, or 1,650
patients of persons certified under section 4731.14 of the 1,651
Revised Code, nor the disclosure of debts owed to the person 1,652
resulting from the ordinary conduct of a business or profession. 1,653
(7) Except as otherwise provided in section 102.022 of the 1,655
Revised Code, the source of each gift of over seventy-five 1,656
dollars, or of each gift of over twenty-five dollars received by 1,657
42
a member of the general assembly from a legislative agent, 1,658
received by the person in the person's own name or by any other 1,660
person for the person's use or benefit during the preceding 1,661
calendar year, except gifts received by will or by virtue of 1,663
section 2105.06 of the Revised Code, or received from spouses, 1,664
parents, grandparents, children, grandchildren, siblings, 1,665
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 1,666
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 1,667
any person to whom the person filing the statement stands in loco 1,668
parentis, or received by way of distribution from any inter vivos 1,669
or testamentary trust established by a spouse or by an ancestor; 1,670
(8) Except as otherwise provided in section 102.022 of the 1,672
Revised Code, identification of the source and amount of every 1,673
payment of expenses incurred for travel to destinations inside or 1,674
outside this state that is received by the person in the person's 1,676
own name or by any other person for the person's use or benefit 1,677
and that is incurred in connection with the person's official 1,679
duties except for expenses for travel to meetings or conventions 1,680
of a national or state organization to which either house of the 1,681
general assembly, any legislative agency, a state institution of 1,682
higher education as defined in section 3345.031 of the Revised 1,683
Code, any other state agency, or any political subdivision or any 1,684
office or agency of a political subdivision pays membership dues; 1,685
(9) Except as otherwise provided in section 102.022 of the 1,687
Revised Code, identification of the source of payment of expenses 1,688
for meals and other food and beverages, other than for meals and 1,689
other food and beverages provided at a meeting at which the 1,690
person participated in a panel, seminar, or speaking engagement 1,691
or at a meeting or convention of a national or state organization 1,692
to which either house of the general assembly, any legislative 1,693
agency, a state institution of higher education as defined in 1,694
section 3345.031 of the Revised Code, any other state agency, or 1,695
any political subdivision or any office or agency of a political 1,696
subdivision pays membership dues, that are incurred in connection 1,697
43
with the person's official duties and that exceed one hundred 1,698
dollars aggregated per calendar year; 1,699
(10) If the financial disclosure statement is filed by a 1,701
public official or employee described in division (B)(2) of 1,702
section 101.73 of the Revised Code or division (B)(2) of section 1,703
121.63 of the Revised Code who receives a statement from a 1,704
legislative agent, executive agency lobbyist, or employer that 1,705
contains the information described in division (F)(2) of section 1,706
101.73 of the Revised Code or division (G)(2) of section 121.63 1,707
of the Revised Code, all of the nondisputed information contained 1,708
in the statement delivered to that public official or employee by 1,709
the legislative agent, executive agency lobbyist, or employer 1,710
under division (F)(2) of section 101.73 or (G)(2) of section 1,711
121.63 of the Revised Code. As used in division (A)(10) of this 1,712
section, "legislative agent," "executive agency lobbyist," and 1,715
"employer" have the same meanings as in sections 101.70 and
121.60 of the Revised Code. 1,716
A person may file a statement required by this section in 1,718
person or by mail. A person who is a candidate for elective 1,719
office shall file the statement no later than the thirtieth day 1,721
before the primary, special, or general election at which the 1,723
candidacy is to be voted on, whichever election occurs soonest, 1,725
except that a person who is a write-in candidate shall file the 1,726
statement no later than the twentieth day before the earliest 1,727
election at which the person's candidacy is to be voted on. A 1,729
person who holds elective office shall file the statement on or 1,730
before the fifteenth day of April of each year unless the person 1,732
is a candidate for office. A person who is appointed to fill a 1,734
vacancy for an unexpired term in an elective office shall file 1,735
the statement within fifteen days after the person qualifies for 1,737
office. Other persons shall file an annual statement on or 1,739
before the fifteenth day of April or, if appointed or employed 1,740
after that date, within ninety days after appointment or 1,741
employment. No person shall be required to file with the 1,742
44
appropriate ethics commission more than one statement or pay more 1,743
than one filing fee for any one calendar year. 1,744
The appropriate ethics commission, for good cause, may 1,746
extend for a reasonable time the deadline for filing a disclosure 1,747
statement under this section. 1,748
A statement filed under this section is subject to public 1,750
inspection at locations designated by the appropriate ethics 1,751
commission except as otherwise provided in this section. 1,752
(B) The Ohio ethics commission, the joint legislative 1,754
ethics committee, and the board of commissioners on grievances 1,755
and discipline of the supreme court, using the rule-making 1,756
procedures of Chapter 119. of the Revised Code, may require any 1,757
class of public officials or employees under its jurisdiction and 1,758
not specifically excluded by this section whose positions involve 1,759
a substantial and material exercise of administrative discretion 1,760
in the formulation of public policy, expenditure of public funds, 1,761
enforcement of laws and rules of the state or a county or city, 1,762
or the execution of other public trusts, to file an annual 1,763
statement on or before the fifteenth day of April under division 1,764
(A) of this section. The appropriate ethics commission shall 1,765
send the public officials or employees written notice of the 1,766
requirement by the fifteenth day of February of each year the 1,767
filing is required unless the public official or employee is 1,768
appointed after that date, in which case the notice shall be sent 1,769
within thirty days after appointment, and the filing shall be 1,770
made not later than ninety days after appointment. 1,771
Disclosure statements filed under this division with the 1,773
Ohio ethics commission by members of boards, commissions, or 1,774
bureaus of the state for which no compensation is received other 1,775
than reasonable and necessary expenses shall be kept 1,776
confidential. Disclosure statements filed with the Ohio ethics 1,778
commission under division (A) of this section by business 1,779
managers, treasurers, and superintendents of city, local, 1,780
exempted village, joint vocational, or cooperative education 1,781
45
school districts or educational service centers shall be kept 1,782
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 1,783
of the Revised Code may examine the disclosure statement of any 1,784
business manager, treasurer, or superintendent of that school 1,785
district or educational service center. The Ohio ethics 1,786
commission shall examine each disclosure statement required to be 1,787
kept confidential to determine whether a potential conflict of 1,788
interest exists for the person who filed the disclosure 1,789
statement. A potential conflict of interest exists if the 1,790
private interests of the person, as indicated by the person's 1,791
disclosure statement, might interfere with the public interests 1,793
the person is required to serve in the exercise of the person's 1,794
authority and duties in the person's office or position of 1,795
employment. If the commission determines that a potential 1,796
conflict of interest exists, it shall notify the person who filed 1,797
the disclosure statement and shall make the portions of the 1,798
disclosure statement that indicate a potential conflict of 1,799
interest subject to public inspection in the same manner as is 1,800
provided for other disclosure statements. Any portion of the 1,801
disclosure statement that the commission determines does not 1,802
indicate a potential conflict of interest shall be kept 1,803
confidential by the commission and shall not be made subject to 1,804
public inspection, except as is necessary for the enforcement of 1,805
Chapters 102. and 2921. of the Revised Code and except as 1,806
otherwise provided in this division. 1,807
(C) No person shall knowingly fail to file, on or before 1,809
the applicable filing deadline established under this section, a 1,810
statement that is required by this section. 1,811
(D) No person shall knowingly file a false statement that 1,813
is required to be filed under this section. 1,814
(E)(1) Except as provided in divisions (E)(2) and (3) of 1,816
this section, on and after March 2, 1994, the statement required 1,817
by division (A) or (B) of this section shall be accompanied by a 1,819
46
filing fee of twenty-five dollars. 1,820
(2) The statement required by division (A) of this section 1,822
shall be accompanied by a filing fee to be paid by the person who 1,823
is elected or appointed to or is a candidate for any of the 1,824
following offices: 1,825
For state office, except member of 1,827
state board of education $50 1,828
For office of member of United States 1,829
congress or member of general assembly $25 1,830
For county office $25 1,831
For city office $10 1,832
For office of member of state board 1,833
of education $10 1,834
For office of member of city, local, 1,835
exempted village, or cooperative 1,836
education board of 1,837
education or educational service 1,838
center governing board $ 5 1,839
For position of business manager, 1,840
treasurer, or superintendent of 1,841
city, local, exempted village, joint 1,842
vocational, or cooperative education 1,843
school district or 1,844
educational service center $ 5 1,845
(3) No judge of a court of record or candidate for judge 1,847
of such a court, and no referee or magistrate serving a court of 1,848
record, shall be required to pay the fee required under division 1,849
(E)(1) or (2) or (F) of this section. 1,850
(4) For any public official who is appointed to a 1,852
nonelective office of the state and for any employee who holds a 1,853
nonelective position in a public agency of the state, the state 1,854
agency that is the primary employer of the state official or 1,855
employee shall pay the fee required under division (E)(1) or (F) 1,856
of this section. 1,857
47
(F) If a statement required to be filed under this section 1,859
is not filed by the date on which it is required to be filed, the 1,860
appropriate ethics commission shall assess the person required to 1,861
file the statement a late filing fee equal to one-half of the 1,862
applicable filing fee for each day the statement is not filed, 1,863
except that the total amount of the late filing fee shall not 1,864
exceed one hundred dollars. 1,865
(G)(1) The appropriate ethics commission other than the 1,867
Ohio ethics commission shall deposit all fees it receives under 1,868
divisions (E) and (F) of this section into the general revenue 1,869
fund of the state. 1,870
(2) The Ohio ethics commission shall deposit all RECEIPTS, 1,872
INCLUDING, BUT NOT LIMITED TO, fees it receives under divisions 1,874
(E) and (F) of this section and all moneys it receives from 1,875
settlements under division (G) of section 102.06 of the Revised 1,876
Code, into the Ohio ethics commission fund, which is hereby 1,877
created in the state treasury. All moneys credited to the fund 1,878
shall be used solely for expenses related to the operation AND 1,879
STATUTORY FUNCTIONS of the commission.
(H) Division (A) of this section does not apply to a 1,881
person elected or appointed to the office of precinct, ward, or 1,882
district committee member under Chapter 3517. of the Revised 1,883
Code; a presidential elector; a delegate to a national 1,884
convention; village or township officials and employees; any 1,885
physician or psychiatrist who is paid a salary or wage in 1,886
accordance with schedule C of section 124.15 or schedule E-2 of 1,887
section 124.152 of the Revised Code and whose primary duties do 1,888
not require the exercise of administrative discretion; or any 1,889
member of a board, commission, or bureau of any county or city 1,890
who receives less than one thousand dollars per year for serving 1,891
in that position. 1,892
Sec. 103.143. In addition to its duties under section 1,901
103.14 of the Revised Code, the legislative budget office of the 1,902
legislative service commission shall, in accordance with this 1,903
48
section, review all bills assigned to a committee of the general 1,904
assembly, complete the appropriate local impact statements 1,905
required by this section, and compile and distribute these 1,906
statements as required by division (D) of this section. 1,907
(A) Subject to division (F) of this section, whenever any 1,910
bill is introduced into either house of the general assembly and 1,911
receives second consideration pursuant to the rules of that 1,912
house, the bill shall be reviewed immediately by the legislative 1,913
budget officer. Upon completing this review, the legislative 1,914
budget officer shall determine whether the bill could result in a 1,915
net additional cost to school districts, counties, townships, or 1,916
municipal corporations from any new or expanded program or 1,917
service that school districts, counties, townships, or municipal 1,918
corporations would be required to perform or administer under the 1,919
bill. If the legislative budget officer determines that it could 1,921
result in such a cost, the legislative budget office shall 1,922
prepare a local impact statement in the manner specified in this 1,923
section. Immediately upon determining the potential for a net 1,924
additional cost, the legislative budget officer shall notify the 1,925
sponsor of the bill, the chairperson of the committee to which 1,926
the bill has been assigned, and the presiding officer and 1,927
minority leader of the house in which the bill originates of the 1,928
legislative budget officer's determination by signing and dating 1,930
a statement to be delivered to them. 1,931
If a local impact statement is required, the legislative 1,933
budget office shall, as soon as possible but no later than thirty 1,934
days after the date the bill is scheduled for a first hearing in 1,935
a committee in the house in which the bill was introduced or no 1,936
later than thirty days after being requested to do so by the 1,937
chairperson of such a committee, prepare a statement containing 1,939
the most accurate estimate possible, in dollars, of the net
additional costs, if any, that will be required of school 1,940
districts, counties, townships, or municipal corporations to 1,941
perform or administer a new or expanded program or service 1,942
49
required under the bill. Copies of this statement shall be sent 1,943
to the governor, the speaker of the house of representatives, the 1,944
president of the senate, the sponsor of the bill, the minority 1,945
leader in both houses, and the chairperson of the committee to 1,947
which the bill has been assigned. 1,948
No bill for which a local impact statement is required by 1,950
this section shall be voted out of committee until after the 1,951
committee members have received and considered the statement or, 1,952
if the bill was amended in committee, the revised statement, 1,953
unless the bill is voted out of committee by a two-thirds vote of 1,954
the membership of the committee. 1,955
(B) In preparing a local impact statement, the legislative 1,957
budget office may request any department, division, institution, 1,958
board, commission, authority, bureau, or other instrumentality or 1,959
officer of the state, a school district, a county, a municipal 1,960
corporation, or a township to provide any of the following 1,961
information: 1,962
(1) An estimate, in dollars, of the amount by which the 1,964
bill would increase or decrease the revenues received or 1,965
expenditures made by the instrumentality, officer, or entity; 1,966
(2) Any other information the legislative budget office 1,968
considers necessary for it to understand or explain the fiscal 1,969
effect of the bill. 1,970
An instrumentality, officer, or entity shall comply with a 1,972
request as soon as reasonably possible, but not later than 1,973
fifteen days, after receiving it. The legislative budget office 1,974
shall specify the manner of compliance in its request, and if 1,975
necessary may specify a period of time longer than fifteen days 1,976
for compliance. The legislative budget office may consider any 1,977
information provided under division (B)(1) or (2) of this section 1,978
in preparing a local impact statement. 1,979
(C) Any time a bill is amended, the legislative budget 1,981
office shall, as soon as reasonably possible, revise the local 1,982
impact statement to reflect changes made by amendment. 1,983
50
(D) The legislative budget office shall annually compile 1,985
the final local impact statements completed for all laws passed 1,986
by both houses of the general assembly in the preceding year. It 1,987
shall send a copy of this compilation as a draft report to the 1,988
state and local government commission and to associations or 1,989
nonprofit organizations formed for the improvement of school 1,990
districts or municipal, township, or county government or for 1,991
their elected officials by the last day of July of each year. 1,992
Upon receiving the draft report, the state and local government 1,993
commission shall solicit comments from these associations and 1,994
organizations about the actual fiscal impact of bills passed 1,995
during the year covered by the report. The commission shall 1,996
review and comment on the draft report before returning it to the 1,997
legislative budget office, along with the comments of the 1,998
associations and organizations, by the last day of August. The 1,999
legislative budget office shall then prepare a final report 2,000
consisting of the compiled local impact statements and all 2,001
comments returned by the state and local government commission. 2,002
The final report shall be completed by the last day of September 2,003
and copies of the report shall be sent to the governor, the 2,004
speaker of the house of representatives, and the president of the 2,005
senate. 2,006
(E) As used in this section, "net additional cost" means 2,008
any cost incurred or anticipated to be incurred by a school 2,009
district, county, township, or municipal corporation in 2,010
performing or administering a new or expanded program or service 2,011
required by a state law other than any of the following: 2,012
(1) A cost arising from the exercise of authority granted 2,014
by a state law rather than from the performance of a duty or 2,015
obligation imposed by a state law; 2,016
(2) New duties or obligations that create only a minimal 2,018
cost for affected school districts, counties, townships, or 2,019
municipal corporations. The legislative budget office shall 2,020
determine what constitutes such a minimal cost. Before making 2,021
51
this determination, the legislative budget office shall notify 2,022
the state organizations that represent school districts, 2,023
counties, townships, and municipal corporations regarding the 2,024
proposed determination and provide a thirty-day period for these 2,025
organizations and individual school districts, counties, 2,026
townships, and municipal corporations to comment on it. 2,027
(3) A cost arising from a law passed as a result of a 2,029
federal mandate. 2,030
The amounts described in division (E)(2) of this section 2,032
include only the amounts remaining after subtracting from such 2,033
costs any revenues received or receivable by the school district, 2,034
county, township, or municipal corporation on account of the 2,035
program or service, including the following: 2,036
(a) Fees charged to the recipients of the program or 2,038
service; 2,039
(b) State or federal aid paid specifically or 2,041
categorically in connection with the program or service; 2,042
(c) Any offsetting savings resulting from the diminution 2,045
or elimination of any other program or service directly 2,046
attributable to the performance or administration of the required 2,047
program or service. 2,048
(F) This section does not apply to any of the following: 2,051
(1) The main biennial operating appropriations bill; 2,054
(2) The biennial operating appropriations bill for state 2,056
agencies supported by motor fuel tax revenue; 2,057
(3) The biennial operating appropriations bill or bills 2,059
for the bureau of workers' compensation and the industrial 2,060
commission; 2,061
(4) ANY OTHER BILL THAT MAKES THE PRINCIPAL BIENNIAL 2,063
OPERATING APPROPRIATIONS FOR ONE OR MORE STATE AGENCIES; 2,064
(5) The bill that primarily contains corrections and 2,066
supplemental appropriations to the biennial operating 2,067
appropriations bills; 2,068
(5)(6) The main biennial capital appropriations bill; 2,070
52
(6)(7) The bill that primarily contains reappropriations 2,072
from previous capital appropriations bills. 2,073
Sec. 103.71. There is hereby created a correctional 2,082
institution inspection committee consisting AS A SUBCOMMITTEE OF 2,083
THE LEGISLATIVE SERVICE COMMISSION. THE COMMITTEE SHALL CONSIST 2,084
of eight persons, four of whom shall be members of the senate 2,086
appointed by the president of the senate, not more than two of 2,087
whom shall be members of the same political party, and four of 2,088
whom shall be members of the house of representatives appointed 2,089
by the speaker of the house of representatives, not more than two 2,090
of whom shall be members of the same political party. Initial 2,091
appointments to the committee shall be made within fifteen days 2,092
after the effective date of this section and in the manner 2,093
prescribed in this section. Thereafter, appointments to the 2,094
committee shall be made within fifteen days after the 2,095
commencement of the first regular session of the general assembly 2,096
and in the manner prescribed in this section. A vacancy on the 2,097
committee shall be filled for the unexpired term in the same 2,098
manner as the original appointment. Members of the committee 2,099
shall serve on the committee until the appointments are made in 2,100
the first regular session of the following general assembly, 2,101
unless they cease to be members of the general assembly. THE 2,102
COMMITTEE, SUBJECT TO THE OVERSIGHT AND DIRECTION OF THE 2,103
LEGISLATIVE SERVICE COMMISSION, SHALL DIRECT THE WORK OF THE 2,104
DIRECTOR AND STAFF OF THE COMMITTEE.
Sec. 109.081. Nine UP TO ELEVEN per cent of all amounts 2,113
collected by the attorney general, whether by employees or agents 2,115
of the attorney general or by special counsel pursuant to section 2,116
109.08 of the Revised Code, on claims due the state shall be paid 2,117
into the state treasury to the credit of the attorney general
claims fund, which is hereby created. THE ATTORNEY GENERAL, 2,118
AFTER CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, 2,119
SHALL DETERMINE THE EXACT PERCENTAGE OF THOSE COLLECTED AMOUNTS 2,120
THAT SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 2,121
53
FUND. The fund shall be used for the payment of expenses 2,123
incurred by the office of the attorney general.
Sec. 111.18. (A) The secretary of state shall keep a 2,132
record of all fees collected by the secretary of state and, 2,133
except as otherwise provided in this section and in sections 2,134
1309.401 and 1329.68 and division (C)(2) of section 3506.05 of 2,135
the Revised Code, shall pay, THROUGH JUNE 30, 2001, FIFTY PER 2,137
CENT OF them into the state treasury to the credit of the general 2,139
revenue fund AND FIFTY PER CENT OF THEM INTO THE STATE TREASURY 2,140
TO THE CREDIT OF THE CORPORATE AND UNIFORM COMMERCIAL CODE FILING 2,141
FUND CREATED UNDER SECTION 1309.401 OF THE REVISED CODE AND SHALL 2,142
PAY, ON AND AFTER JULY 1, 2001, ALL OF THEM INTO THE STATE 2,143
TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND. The
following THROUGH JUNE 30, 2001, ALL OF THE fees COLLECTED UNDER 2,146
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 2,149
corporate and uniform commercial code filing fund created in 2,151
section 1309.401 of the Revised Code. ON AND AFTER JULY 1, 2001, 2,152
THE FOLLOWING FEES SHALL BE PAID INTO THE STATE TREASURY TO THE 2,153
CREDIT OF THAT CORPORATE AND UNIFORM COMMERCIAL CODE FILING FUND: 2,154
(1) Twenty-five dollars of each fee collected under 2,156
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of 2,158
the Revised Code;
(2) Twenty-five dollars of each fee collected under 2,160
division (C) of section 1703.031 of the Revised Code; 2,162
(3) All fees collected under divisions (I)(2) and (N) of 2,165
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the 2,167
Revised Code; 2,168
(5) Each fifty-dollar fee for amendments filed by foreign 2,170
nonprofit corporations under section 1703.27 of the Revised Code. 2,172
(B) The secretary of state may implement a credit card 2,174
payment program permitting payment of any fee charged by the 2,175
secretary of state by means of a credit card. The secretary of 2,176
54
state may open an account outside the state treasury in a 2,177
financial institution for the purpose of depositing credit card 2,178
receipts. Within forty-eight hours following the deposit of the 2,180
receipts, the financial institution shall make available to the 2,181
secretary of state funds in the amount of the receipts. The 2,182
secretary of state shall then pay these funds into the state
treasury to the credit of the general revenue fund, except as 2,183
otherwise provided by the Revised Code. 2,184
The secretary of state may pay the cost of any service 2,186
charge required by a financial institution or credit card company 2,187
in connection with a credit card payment program. 2,188
The secretary of state shall adopt rules as necessary to 2,190
carry out the purposes of this division. The rules shall include 2,191
standards for determining eligible financial institutions and the 2,192
manner in which funds shall be made available and shall be 2,193
consistent with the standards contained in sections 135.03, 2,194
135.18, and 135.181 of the Revised Code. 2,195
Sec. 117.14. A biennial AN ANNUAL audit of the office of 2,204
the auditor of state shall be made by an independent certified 2,206
public accountant appointed by a committee consisting of the 2,207
governor and the chairmen CHAIRPERSONS of the finance committees 2,208
of the senate and the house of representatives. The committee 2,210
shall make the appointment by the second Monday of October in 2,211
each odd-numbered THIRTY-FIRST DAY OF MARCH IMMEDIATELY PRECEDING 2,212
THE LAST DAY OF THE FISCAL year TO BE AUDITED and shall prescribe 2,214
the contract terms of the audit, which shall cover the period 2,216
beginning the second Monday of January of the current year and 2,217
ending the day preceding the second Monday of January of the next 2,218
odd-numbered year.
Not later than six months after the end of the biennial 2,220
period examined ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER, the 2,222
accountant shall submit a report of his THE audit COMPLETED UNDER 2,223
THIS SECTION FOR THE IMMEDIATELY PRECEDING FISCAL YEAR to each 2,224
member of the committee. One copy OF THE AUDIT REPORT shall be 2,225
55
filed with the state library for public inspection. An THE audit 2,226
report completed pursuant to this section is not a public record 2,227
under section 149.43 of the Revised Code until it is filed with 2,228
the state library. 2,229
The records of the auditor of state shall be made available 2,231
to the accountant. The accountant shall be paid from the general 2,232
revenue fund from an appropriation made for that purpose to the 2,233
office of budget and management. 2,234
If an auditor of state is for any reason unable to complete 2,236
his statutory term of office, there shall be an audit of the 2,238
office in addition to and in the same manner as the biennial 2,239
audit provided for in this section. 2,240
Sec. 117.44. To enhance local officials' background and 2,249
working knowledge of government accounting, budgeting and 2,250
financing, financial report preparation, and the rules adopted by 2,251
the auditor of state, the auditor of state shall hold training 2,252
programs for persons elected for the first time as township 2,253
clerks, city auditors, and village clerks, between the first day 2,254
of December and the fifteenth day of February immediately 2,255
following a general election for any of these offices. Similar 2,256
training may also be provided to any township clerk, city 2,257
auditor, or village clerk who is appointed to fill a vacancy or 2,258
who is elected in a special election. 2,259
The auditor of state also shall develop and provide an 2,261
annual training program of continuing education for village 2,262
clerks.
The auditor of state shall determine the manner, content, 2,264
and length of the training programs after consultation with 2,265
appropriate statewide organizations of local governmental 2,266
officials. The auditor of state shall charge the political 2,267
subdivisions that the trainees represent a registration fee that 2,268
will meet actual and necessary expenses of the training, 2,269
including instructor fees, site acquisition costs, and the cost 2,270
of course materials. The necessary personal expenses incurred by 2,271
56
the officials as a result of attending the training program shall 2,272
be borne by the political subdivisions they represent. 2,273
The auditor of state shall allow any other interested 2,275
person to attend any of the training programs that the auditor of 2,276
state holds pursuant to this section; provided, that before 2,278
attending any such training program, the interested person shall 2,279
pay to the auditor of state the full registration fee that the 2,280
auditor of state has set for the training program. 2,281
There is hereby established in the state treasury the 2,283
auditor of state training program fund, to be used by the auditor 2,284
of state for the actual and necessary expenses of any training 2,285
programs held pursuant to this section, SECTION 117.441, or 2,287
section 321.46 of the Revised Code. All registration fees 2,289
collected under this section shall be paid into the fund. 2,290
Sec. 117.441. THE AUDITOR OF STATE SHALL CONDUCT A 2,292
FIDUCIARY TRAINING PROGRAM FOR MEMBERS AND EMPLOYEES OF STATE 2,293
BOARDS AND COMMISSIONS. THE PROGRAM SHALL BE OFFERED AT LEAST 2,294
ANNUALLY. THE AUDITOR OF STATE SHALL DETERMINE THE MANNER AND 2,295
CONTENT OF THE PROGRAM AND MAY CHARGE A REGISTRATION FEE TO 2,296
DEFRAY THE ACTUAL AND NECESSARY EXPENSES OF THE PROGRAM. 2,297
MEMBERS AND EMPLOYEES OF STATE BOARDS AND COMMISSIONS MAY 2,299
ATTEND THE FIDUCIARY TRAINING PROGRAM OFFERED UNDER THIS SECTION. 2,300
IF A REGISTRATION FEE IS CHARGED FOR THE PROGRAM, THE AUDITOR OF 2,302
STATE SHALL DEPOSIT IT INTO THE AUDITOR OF STATE TRAINING PROGRAM 2,303
FUND ESTABLISHED UNDER SECTION 117.44 OF THE REVISED CODE. 2,304
Sec. 117.45. (A) The auditor of state shall draw warrants 2,313
against the treasurer of state pursuant to all requests for 2,314
payment that the director of budget and management has approved 2,315
under section 126.07 of the Revised Code. 2,316
(B) Unless the director of human services has provided for 2,318
the making of payments by electronic benefit transfer, if a 2,319
financial institution and account have been designated by the 2,320
participant or recipient, payment by the auditor of state to a 2,321
participant in the Ohio works first program pursuant to Chapter 2,323
57
5107. of the Revised Code or a recipient of disability assistance 2,325
pursuant to Chapter 5115. of the Revised Code shall be made by 2,326
direct deposit to the account of the participant or recipient in 2,327
the financial institution. Payment by the auditor of state to a 2,329
recipient of public assistance BENEFITS DISTRIBUTED THROUGH THE 2,330
MEDIUM OF ELECTRONIC BENEFIT TRANSFER pursuant to section 5101.33 2,331
of the Revised Code shall be by electronic benefit transfer. 2,332
Payment by the auditor of state as compensation to an employee of 2,334
the state who has, pursuant to section 124.151 of the Revised 2,335
Code, designated a financial institution and account for the 2,336
direct deposit of such payments shall be made by direct deposit 2,337
to the account of the employee. Payment to any other payee who 2,338
has designated a financial institution and account for the direct 2,339
deposit of such payment may be made by direct deposit to the 2,340
account of the payee in the financial institution as provided in 2,341
section 9.37 of the Revised Code. The auditor of state shall 2,342
contract with an authorized financial institution for the 2,343
services necessary to make direct deposits or electronic benefit 2,344
transfers under this division and draw lump sum warrants payable 2,345
to that institution in the amount to be transferred. Accounts 2,346
maintained by the auditor of state or the auditor of state's 2,347
agent in a financial institution for the purpose of effectuating 2,348
payment by direct deposit or electronic benefit transfer shall be 2,349
maintained in accordance with section 135.18 of the Revised Code. 2,350
(C) All other payments from the state treasury shall be 2,352
made by paper warrants OR BY DIRECT DEPOSIT payable to the 2,353
respective payees. The auditor of state may mail the paper 2,355
warrants to the respective payees or distribute them through 2,356
other state agencies, whichever the auditor of state determines 2,357
to be the better procedure.
(D) If the average per transaction cost the auditor of 2,359
state incurs in making direct deposits for a state agency exceeds 2,360
the average per transaction cost the auditor of state incurs in 2,362
drawing paper warrants for all public offices during the same 2,363
58
period of time, the auditor of state may certify the difference 2,364
in cost and the number of direct deposits for the agency to the 2,366
director of administrative services. The director shall 2,367
reimburse the auditor of state for such additional costs and add 2,368
the amount to the processing charge assessed upon the state 2,369
agency.
Sec. 118.01. As used in this chapter: 2,378
(A) "Advance tax payment notes" means the notes authorized 2,380
by section 118.24 of the Revised Code. 2,381
(B) "Appropriation measure" means any appropriation 2,383
measure, amendment of an appropriation measure, or supplement to 2,384
an appropriation measure of a municipal corporation, county, or 2,386
township referred to in sections 5705.38 and 5705.40 of the 2,387
Revised Code and any other action of a municipal corporation, 2,388
county, or township authorizing expenditure of money not 2,389
previously included in any appropriation measure. 2,390
(C) "Bond anticipation notes" means notes issued in 2,392
anticipation of the issuance of bonds. 2,393
(D) "Certificate of estimated resources" means the 2,395
official certificate of estimated resources of the county budget 2,396
commission and amendments of the certificate certified to the 2,397
municipal corporation, county, or township as provided for in 2,399
Chapter 5705. of the Revised Code. 2,400
(E) "Commission" means a financial planning and 2,402
supervision commission created by section 118.05 of the Revised 2,403
Code with respect to a municipal corporation, county, or 2,405
township.
(F) "Construction funds" means proceeds from the sale of 2,407
debt obligations restricted by law or pursuant to the proceedings 2,408
for the issuance of such debt obligations to use for permanent 2,409
improvements as defined in division (E) of section 5705.01 of the 2,410
Revised Code, including acquisition, construction, or extension 2,411
of public utilities, and moneys from any other sources restricted 2,412
to such purpose. 2,413
59
(G) "County auditor" means the county auditor with whom 2,415
tax budgets of the municipal corporation, county, or township are 2,418
to be filed in accordance with section 5705.30 of the Revised 2,419
Code.
(H) "County budget commission" means the county budget 2,421
commission to which the tax budget of the municipal corporation, 2,423
county, or township is to be submitted in accordance with section 2,424
5705.31 of the Revised Code.
(I) "Current revenue notes" means debt obligations 2,426
described in section 133.10 or Chapter 5705. of the Revised Code 2,427
or any other debt obligations issued to obtain funds for current 2,428
operating expenses. 2,429
(J) "Debt limits" means the limitations on net 2,431
indebtedness provided in sections 133.05, 133.07, and 133.09 of 2,433
the Revised Code, and also includes the limitation, known as the 2,434
"indirect debt limit," upon the issuance of unvoted bonds, notes, 2,435
or certificates of indebtedness resulting from the ten-mill 2,436
limitation provided for in section 5705.02 of the Revised Code. 2,437
(K) "Debt obligations" means bonds, notes, certificates of 2,439
indebtedness, bond anticipation notes, current revenue notes, 2,440
local government fund notes, or other obligations issued or 2,441
incurred in borrowing money, or to renew, refund, fund, or 2,442
refinance, or issued in exchange for, such obligations, and any 2,443
interest coupons pertaining thereto other than bonds or other 2,444
obligations issued under authority of Section 13 of Article VIII, 2,445
Ohio Constitution. 2,446
(L) "Default" means failure to pay the principal of or the 2,448
interest on a debt obligation, or failure to make other payment 2,449
to be made to the holder or owner of a debt obligation, in the 2,450
full amount and at the time provided for in the contractual 2,451
commitment with respect thereto, unless the time for such payment 2,452
has been extended by the owner or holder of the debt obligation 2,453
without penalty or premium and without the effect of subjecting 2,454
the municipal corporation, county, or township to the initiation 2,456
60
of remedies pertaining to such debt obligation or other debt 2,457
obligations.
(M) "Deficit fund" means the general fund or any special 2,459
fund that, as at the time indicated, has a deficit balance or a 2,460
balance that is less than the amount required to be in such fund 2,461
pursuant to law or pursuant to contractual requirements, 2,462
demonstrating that over a period of time expenditures charged or 2,463
chargeable to the fund have exceeded moneys credited to the fund, 2,464
or that moneys credited to the fund have not been in the amounts 2,465
required by law or contractual requirements. 2,466
(N) "Effective financial accounting and reporting system" 2,468
means an accounting and reporting system fully in compliance with 2,469
the requirements prescribed by and pursuant to Chapter 117. of 2,470
the Revised Code, with such modifications and supplements as are 2,471
to be provided pursuant to this chapter in order to meet and deal 2,472
with the fiscal emergency, provide to the auditor of state, the 2,473
commission, the financial supervisor, and the county budget 2,474
commission the information needed to carry out their functions, 2,475
and better ensure the implementation of the financial plan. 2,476
(O) "Financial plan" means the financial plan approved by 2,478
the commission in accordance with section 118.06 of the Revised 2,479
Code, as it may from time to time be amended in accordance with 2,480
this chapter. 2,481
(P) "Financial supervisor" means the auditor of state or a 2,484
firm of certified public accountants retained by a financial 2,485
planning and supervision commission pursuant to division (G) of 2,486
section 118.05 of the Revised Code with respect to a municipal 2,487
corporation, county, or township. 2,488
(Q) "Fiscal emergency" means the existence of fiscal 2,490
emergency conditions determined as provided in section 118.04 of 2,491
the Revised Code. 2,492
(R) "Fiscal emergency conditions" means any of the events 2,494
or occurrences described in section 118.03 of the Revised Code. 2,495
(S) "Fiscal emergency period" means the period of time 2,497
61
commencing on the date when the determination of a fiscal 2,498
emergency is made by the auditor of state pursuant to section 2,499
118.04 of the Revised Code and ending when the determination of 2,500
termination is made and certified pursuant to section 118.27 of 2,501
the Revised Code. 2,502
(T) "Fiscal watch" means the existence of fiscal watch 2,504
conditions as determined in accordance with section 118.022 of 2,505
the Revised Code.
(U) "Fiscal officer" means the fiscal officer of the 2,507
municipal corporation, county, or township as defined in division 2,509
(D) of section 5705.01 of the Revised Code. 2,510
(V) "Fringe benefits" means expenditures for goods and 2,512
services furnished to municipal, county, or township officers or 2,513
employees by the municipal corporation, county, or township, 2,515
including, but not limited to, such benefits as food, temporary 2,517
housing, and clothing, and the provision of pension, retirement, 2,518
disability, hospitalization, health care, insurance, or other 2,519
benefits to employees requiring the advance payment of money 2,520
other than directly to employees or other beneficiaries, or the 2,521
deposit or reservation of money for such purpose. 2,522
(W) "General fund" means the fund referred to in division 2,524
(A) of section 5705.09 of the Revised Code. 2,525
(X) "General fund budget" means aggregate revenues 2,527
available in the general fund during the applicable fiscal year 2,528
as shown by the certificate of estimated resources. 2,529
(Y) "Mayor" means the officer of the municipal corporation 2,532
designated as such by law or the chief executive officer under 2,533
the charter of the municipal corporation. 2,534
(Z) "Payroll" means compensation due and payable to 2,536
employees of the municipal corporation, county, or township, 2,538
other than fringe benefits.
(AA) "Revenue estimates" means the estimates of revenue 2,540
receipts to the credit of the general fund and special funds as 2,541
estimated and supplemented, modified, or amended by the municipal 2,543
62
corporation, county, or township, or the county budget 2,544
commission.
(BB) "Special funds" means any of the funds, other than 2,546
the general fund, referred to in sections 5705.09 and 5705.12 of 2,547
the Revised Code, and includes any fund created from the issuance 2,548
of debt obligations pursuant to Section 3 or 12 of Article XVIII, 2,549
Ohio Constitution, and any fund created in connection with the 2,550
issuance of debt obligations to provide moneys for the payment of 2,551
principal or interest, reserves therefor, or reserves or funds 2,552
for repair, maintenance, or improvements. 2,553
(CC) "Tax budget" means the tax budget provided for in 2,555
section 5705.28 of the Revised Code. 2,556
Sec. 118.05. (A) Pursuant to the powers of the general 2,565
assembly and for the purposes of this chapter, upon the 2,566
occurrence of a fiscal emergency in any municipal corporation, 2,568
county, or township, as determined pursuant to section 118.04 of 2,569
the Revised Code, there is established, with respect to that 2,570
municipal corporation, county, or township, a body both corporate 2,572
and politic constituting an agency and instrumentality of the 2,573
state and performing essential governmental functions of the 2,574
state to be known as the "financial planning and supervision
commission for ............... (name of municipal corporation, 2,575
county, or township)," which, in that name, may exercise all 2,577
authority vested in such a commission by this chapter. A 2,578
separate commission is established with respect to each municipal 2,579
corporation, county, or township as to which there is a fiscal 2,580
emergency as determined under this chapter. 2,581
(B) A commission shall consist of the following seven 2,583
voting members:
(1) Four ex officio members: the treasurer of state,; the 2,586
director of budget and management,; in the case of a municipal 2,587
corporation, the mayor of the municipal corporation and the 2,589
presiding officer of the legislative authority of the municipal 2,590
corporation,; in the case of a county, the president of the board 2,591
63
of county commissioners and the county auditor,; and in the case 2,593
of a township, a member of the board of township trustees and the 2,594
county auditor.
The treasurer of state may designate a deputy treasurer or 2,596
director within the office of the treasurer of state OR ANY OTHER 2,597
APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE OF THE TREASURER OF 2,598
STATE'S OFFICE; the director of budget and management may 2,600
designate an individual within the office of budget and 2,601
management OR ANY OTHER APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE 2,602
OF THE OFFICE OF BUDGET AND MANAGEMENT; the mayor may designate a 2,603
responsible official within his THE MAYOR'S office or the fiscal 2,605
officer of the municipal corporation; the presiding officer of 2,607
the legislative authority of the municipal corporation may 2,608
designate any other member of the legislative authority; the 2,610
board of county commissioners may designate any other member of 2,611
the board or the fiscal officer of the county; and the board of 2,612
township trustees may designate any other member of the board or 2,613
the fiscal officer of the township to attend the meetings of the 2,614
commission when the ex officio member making the designation is 2,615
absent or unable for any reason to attend. A designee, when 2,616
present, shall be counted in determining whether a quorum is 2,617
present at any meeting of the commission and may vote and 2,618
participate in all proceedings and actions of the commission. 2,619
The designations shall be in writing, executed by the EX OFFICIO 2,620
member OR ENTITY making the designation, and filed with the 2,622
secretary of the commission. The designations may be changed 2,623
from time to time in like manner, but due regard shall be given 2,624
to the need for continuity.
(2) Three members nominated and appointed as follows: 2,626
The mayor and presiding officer of the legislative 2,628
authority of the municipal corporation, the board of county 2,630
commissioners, or the board of township trustees shall, within
ten days after the determination of the fiscal emergency by the 2,632
auditor of state under section 118.04 of the Revised Code, submit 2,633
64
in writing to the governor the nomination of five persons agreed 2,634
to by them and meeting the qualifications set forth in this 2,636
division. If the governor is not satisfied that at least three 2,637
of the nominees are well qualified, the governor shall notify the 2,638
mayor and presiding officer, or the board of county 2,640
commissioners, or the board of township trustees to submit in 2,641
writing, within five days, additional nominees agreed upon by 2,642
them, not exceeding three. The governor shall appoint three 2,643
members from all the agreed-upon nominees so submitted or a 2,644
lesser number that the governor considers well qualified WITHIN 2,646
THIRTY DAYS AFTER RECEIPT OF THE NOMINATIONS, and shall fill any 2,647
remaining positions on the commission by appointment of any other 2,648
persons meeting the qualifications set forth in this division. 2,649
All appointments by the governor shall be made with the advice 2,650
and consent of the senate. Each of the three appointed members 2,651
shall serve during the life of the commission, subject to removal 2,652
by the governor for misfeasance, nonfeasance, or malfeasance in 2,653
office. In the event of the death, resignation, incapacity, 2,654
removal, or ineligibility to serve of an appointed member, the 2,655
governor, pursuant to the process for original appointment, shall 2,656
appoint a successor. 2,657
Each of the three appointed members shall be an individual: 2,659
(a) Who has knowledge and experience in financial matters, 2,661
financial management, or business organization or operations, 2,662
including at least five years of experience in the private sector 2,663
in the management of business or financial enterprise, or in 2,664
management consulting, public accounting, or other professional 2,665
activity; 2,666
(b) Whose residency, office, or principal place of 2,668
professional or business activity is situated within the 2,669
municipal corporation, county, or township; 2,670
(c) Who has not, at any time during the five years 2,672
preceding the date of appointment, held any elected public 2,673
office. AN 2,674
65
An appointed member of the commission shall not become a 2,676
candidate for elected public office while serving as a member of 2,677
the commission. 2,678
(C) Immediately after appointment of the initial three 2,680
appointed members of the commission, the governor shall call the 2,681
first meeting of the commission and shall cause written notice of 2,682
the time, date, and place of the first meeting to be given to 2,683
each member of the commission at least forty-eight hours in 2,684
advance of the meeting. 2,685
(D) The commission DIRECTOR OF BUDGET AND MANAGEMENT shall 2,687
elect one of its members SERVE as chairperson and another OF THE 2,689
COMMISSION. THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO 2,690
SERVE as vice-chairperson, and may appoint a secretary and any 2,692
other officers, who need not be members of the commission, it 2,693
considers necessary.
(E) The commission may adopt and alter bylaws and rules, 2,695
which shall not be subject to section 111.15 or Chapter 119. of 2,696
the Revised Code, for the conduct of its affairs and for the 2,697
manner, subject to this chapter, in which its powers and 2,698
functions shall be exercised and embodied. 2,699
(F) Five members of the commission constitute a quorum of 2,701
the commission. The affirmative vote of five members of the 2,702
commission is necessary for any action taken by vote of the 2,703
commission. No vacancy in the membership of the commission shall 2,704
impair the rights of a quorum by such vote to exercise all the 2,705
rights and perform all the duties of the commission. Members of 2,706
the commission, and their designees, are not disqualified from 2,707
voting by reason of the functions of the other office they hold 2,708
and are not disqualified from exercising the functions of the 2,709
other office with respect to the municipal corporation, county, 2,711
or township, its officers, or the commission. 2,712
(G) The commission shall retain a AUDITOR OF STATE SHALL 2,714
SERVE AS THE "financial supervisor." TO THE COMMISSION UNLESS THE 2,716
AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. As used in 2,718
66
this chapter, "financial supervisor" means the auditor of state
or a firm of certified public accountants with demonstrated 2,720
professional competence in matters relating to this chapter, 2,721
engaged by the commission pursuant to a contract approved by the 2,722
controlling board. 2,723
(H) At the request of the commission, the auditor of state 2,725
shall designate employees of the auditor of state's office to 2,727
assist the commission and the financial supervisor and to 2,728
coordinate the work of the auditor of state's office and the 2,729
financial supervisor. Upon the determination of a fiscal 2,730
emergency in any municipal corporation, county, or township, the 2,731
municipal corporation, county, or township shall provide the 2,733
commission with such reasonable office space in the principal 2,734
building housing city, county, or township government, where 2,736
feasible, as it determines is necessary to carry out its duties 2,737
under this chapter.
(I) The financial supervisor, the members of the 2,739
commission, the auditor of state, and any person authorized to 2,740
act on behalf of or assist them shall not be personally liable or 2,741
subject to any suit, judgment, or claim for damages resulting 2,742
from the exercise of or failure to exercise the powers, duties, 2,743
and functions granted to them in regard to their functioning 2,744
under this chapter, but the commission, the financial supervisor, 2,745
the auditor of state, and such THOSE other persons shall be 2,746
subject to mandamus proceedings to compel performance of their 2,748
duties under this chapter and with respect to any debt 2,749
obligations issued pursuant or subject to this chapter. 2,750
(J) At the request of the commission, the administrative 2,752
head of any state agency shall temporarily assign personnel 2,753
skilled in accounting and budgeting procedures to assist the 2,754
commission or the financial supervisor in its duties as financial 2,755
supervisor. 2,756
(K) The appointed members of the commission are not 2,758
subject to section 102.02 of the Revised Code. Each appointed 2,759
67
member of the commission shall file with the commission a signed 2,760
written statement setting forth the general nature of sales of 2,761
goods, property, or services or of loans to the municipal 2,763
corporation, county, or township with respect to which that 2,764
commission is established, in which the appointed member has a 2,766
pecuniary interest or in which any member of the appointed 2,767
member's immediate family, as defined in section 102.01 of the 2,768
Revised Code, or any corporation, partnership, or enterprise of 2,769
which the appointed member is an officer, director, or partner, 2,771
or of which the appointed member or a member of the appointed 2,773
member's immediate family, as so defined, owns more than a five 2,774
per cent interest, has a pecuniary interest, and of which sale, 2,775
loan, or interest such member has knowledge. The statement shall 2,776
be supplemented from time to time to reflect changes in the 2,777
general nature of any such sales or loans. 2,778
Sec. 118.08. (A) The members of the financial planning 2,787
and supervision commission shall serve without compensation, but 2,789
shall be paid by the commission their necessary and actual 2,790
expenses incurred while engaged in the business of the
commission. 2,791
(B) All expenses incurred for services rendered by the 2,793
financial supervisor for a period of twenty-four months shall be 2,794
paid by the commission pursuant to an appropriation made by the 2,795
general assembly for this purpose. Expenses incurred for 2,796
services rendered by the financial supervisor beyond this period 2,797
shall be borne by the municipal corporation, county, or township 2,798
unless the director of budget and management waives the costs and 2,800
allows payment in accordance with the following:
(1) If the continued performance of the financial 2,802
supervisor is required for a period of twenty-five to thirty 2,803
months, the municipal corporation, county, or township is 2,804
responsible for twenty per cent of the compensation due. 2,805
(2) If the continued performance of the financial 2,807
supervisor is required for a period of thirty-one to thirty-six 2,808
68
months, the municipal corporation, county, or township is 2,809
responsible for fifty per cent of the compensation due. 2,810
(3) If the continued performance of the financial 2,812
supervisor is required for a period of thirty-seven months or 2,813
more, the municipal corporation, county, or township is 2,814
responsible for one hundred per cent of the compensation due 2,815
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF THIS SECTION. 2,816
(4) BEGINNING IN FISCAL YEAR 2000, IF THE CONTINUED 2,818
PERFORMANCE OF THE FINANCIAL SUPERVISOR HAS BEEN REQUIRED LONGER 2,819
THAN EIGHT YEARS FOR ANY MUNICIPAL CORPORATION, COUNTY, OR 2,820
TOWNSHIP DECLARED TO BE IN A FISCAL EMERGENCY PRIOR TO FISCAL 2,821
YEAR 1996, THAT MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP IS 2,822
RESPONSIBLE FOR FIFTY PER CENT OF THE COMPENSATION DUE IN FISCAL
YEAR 2000 AND ONE HUNDRED PER CENT OF THE COMPENSATION DUE IN 2,823
FISCAL YEAR 2001. 2,824
(C) If the municipal corporation, county, or township 2,827
fails to make any payment to the financial supervisor as required 2,828
by this chapter, the financial supervisor may certify to the 2,829
county auditor the amount due, and that amount shall be withheld 2,830
from the municipal corporation, county, or township from any fund 2,831
or funds in the custody of the county auditor for distribution to 2,832
the municipal corporation, county, or township, except for those 2,833
reserved for payment of local government fund notes. Upon 2,834
receiving such certification from the auditor of state, the 2,835
county auditor shall draw a voucher for the amount against such 2,836
fund or funds in favor of the financial supervisor. 2,837
Sec. 120.04. (A) The state public defender shall serve at 2,846
the pleasure of the Ohio public defender commission and shall be 2,847
an attorney with a minimum of four years of experience in the 2,848
practice of law and be admitted to the practice of law in this 2,849
state at least one year prior to appointment. 2,850
(B) The state public defender shall do all of the 2,852
following:
(1) Maintain a central office in Columbus. The central 2,854
69
office shall be provided with a library of adequate size, 2,855
considering the needs of the office and the accessibility of 2,856
other libraries, and other necessary facilities and equipment. 2,857
(2) Appoint assistant state public defenders, all of whom 2,859
shall be attorneys admitted to the practice of law in this state, 2,860
and other personnel necessary for the operation of the state 2,861
public defender office. Assistant state public defenders shall 2,862
be appointed on a full-time basis. The state public defender, 2,863
assistant state public defenders, and employees appointed by the 2,864
state public defender shall not engage in the private practice of 2,865
law. 2,866
(3) Supervise the compliance of county public defender 2,868
offices, joint county public defender offices, and county 2,869
appointed counsel systems with standards established by rules of 2,870
the Ohio public defender commission pursuant to division (B) of 2,871
section 120.03 of the Revised Code; 2,872
(4) Keep and maintain financial records of all cases 2,874
handled and develop records for use in the calculation of direct 2,875
and indirect costs, in the operation of the office, and report 2,876
periodically, but not less than annually, to the commission on 2,877
all relevant data on the operations of the office, costs, 2,878
projected needs, and recommendations for legislation or 2,879
amendments to court rules, as may be appropriate to improve the 2,880
criminal justice system; 2,881
(5) Collect all moneys due the state for reimbursement for 2,883
legal services under this chapter and under section 2941.51 of 2,884
the Revised Code and institute any actions in court on behalf of 2,886
the state for the collection of such sums that the state public 2,887
defender considers advisable. Except as provided otherwise in 2,888
division (D) of section 120.06 of the Revised Code, all moneys 2,889
collected by the state public defender under this chapter and 2,890
section 2941.51 of the Revised Code shall be deposited in the 2,892
state treasury to the credit of the client payment fund, which is 2,893
hereby created. All moneys credited to the fund shall be used by 2,895
70
the state public defender to appoint assistant state public 2,896
defenders and to provide other personnel, equipment, and 2,897
facilities necessary for the operation of the state public 2,898
defender office, to reimburse counties for the operation of 2,899
county public defender offices, joint county public defender 2,900
offices, and county appointed counsel systems pursuant to 2,901
sections 120.18, 120.28, and 120.33 of the Revised Code, or to 2,902
provide assistance to counties in the operation of county 2,903
indigent defense systems.
(6) With respect to funds appropriated to the commission 2,905
to pay criminal costs, perform the duties imposed by section 2,906
SECTIONS 2949.19 AND 2949.201 of the Revised Code; 2,907
(7) Establish standards and guidelines for the 2,909
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 2,910
2941.51, and 2949.19 of the Revised Code, of counties for the 2,911
operation of county public defender offices, joint county public 2,912
defender offices, and county appointed counsel systems and for 2,913
other costs related to felony prosecutions; 2,914
(8) Establish maximum amounts that the state will 2,916
reimburse the counties pursuant to sections 120.18, 120.28, 2,917
120.33, and 2941.51 of the Revised Code; 2,918
(9) Establish maximum amounts that the state will 2,920
reimburse the counties pursuant to section 120.33 of the Revised 2,921
Code for each specific type of legal service performed by a 2,922
county appointed counsel system; 2,923
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 2,925
and 2949.19 of the Revised Code and make reimbursements pursuant 2,926
to those sections; 2,927
(11) Administer the program established pursuant to 2,929
sections 120.51 to 120.55 of the Revised Code for the charitable 2,930
public purpose of providing financial assistance to legal aid 2,931
societies. Neither the state public defender nor any of the 2,932
state public defender's employees who is responsible in any way 2,934
for the administration of that program and who performs those 2,935
71
administrative responsibilities in good faith is in any manner 2,937
liable if a legal aid society that is provided financial 2,938
assistance under the program uses the financial assistance other 2,939
than in accordance with sections 120.51 to 120.55 of the Revised 2,940
Code or fails to comply with the requirements of those sections. 2,941
(12) Establish an office for the handling of appeal and 2,943
postconviction matters; 2,944
(13) Provide technical aid and assistance to county public 2,947
defender offices, joint county public defender offices, and other 2,948
local counsel providing legal representation to indigent persons, 2,949
including representation and assistance on appeals. 2,950
(C) The state public defender may do any of the following: 2,952
(1) In providing legal representation, conduct 2,954
investigations, obtain expert testimony, take depositions, use 2,955
other discovery methods, order transcripts, and make all other 2,956
preparations which are appropriate and necessary to an adequate 2,957
defense or the prosecution of appeals and other legal 2,958
proceedings; 2,959
(2) Seek, solicit, and apply for grants for the operation 2,961
of programs for the defense of indigent persons from any public 2,962
or private source, and may receive donations, grants, awards, and 2,963
similar funds from any lawful source. Such funds shall be 2,964
deposited in the state treasury to the credit of the public 2,965
defender gifts and grants fund, which is hereby created. 2,966
(3) Make all the necessary arrangements to coordinate the 2,968
services of the office with any federal, county, or private 2,969
programs established to provide legal representation to indigent 2,970
persons and others, and to obtain and provide all funds allowable 2,971
under any such programs; 2,972
(4) Consult and cooperate with professional groups 2,974
concerned with the causes of criminal conduct, the reduction of 2,975
crime, the rehabilitation and correction of persons convicted of 2,976
crime, the administration of criminal justice, and the 2,977
administration and operation of the state public defender's 2,978
72
office; 2,979
(5) Accept the services of volunteer workers and 2,981
consultants at no compensation other than reimbursement for 2,982
actual and necessary expenses; 2,983
(6) Prescribe any forms that are necessary for the uniform 2,985
operation of this chapter; 2,986
(7) Contract with a county public defender commission or a 2,988
joint county public defender commission to provide all or any 2,989
part of the services that a county public defender or joint 2,990
county public defender is required or permitted to provide by 2,991
this chapter, or contract with a board of county commissioners of 2,992
a county that is not served by a county public defender 2,993
commission or a joint county public defender commission for the 2,994
provision of services in accordance with section 120.33 of the 2,995
Revised Code. All money received by the state public defender 2,996
pursuant to such a contract shall be credited to EITHER the 2,997
county representation fund created pursuant to division (D) of 2,998
section 120.06 of the Revised Code MULTI-COUNTY: COUNTY SHARE 2,999
FUND OR, IF RECEIVED AS A RESULT OF A CONTRACT WITH TRUMBULL 3,000
COUNTY, THE TRUMBULL COUNTY: COUNTY SHARE FUND. 3,001
(8) Authorize persons employed as criminal investigators 3,003
to attend the Ohio peace officer training academy or any other 3,004
peace officer training school for training; 3,005
(9) Procure a policy or policies of malpractice insurance 3,007
that provide coverage for the state public defender and assistant 3,008
state public defenders in connection with malpractice claims that 3,009
may arise from their actions or omissions related to 3,010
responsibilities derived pursuant to this chapter. 3,011
(D) No person employed by the state public defender as a 3,013
criminal investigator shall attend the Ohio peace officer 3,014
training academy or any other peace officer training school 3,015
unless authorized to do so by the state public defender. 3,016
Sec. 120.06. (A)(1) The state public defender, when 3,025
designated by the court or requested by a county public defender 3,026
73
or joint county public defender, may provide legal representation 3,027
in all courts throughout the state to indigent adults and 3,028
juveniles who are charged with the commission of an offense or 3,029
act for which the penalty or any possible adjudication includes 3,030
the potential loss of liberty. 3,031
(2) The state public defender may provide legal 3,033
representation to any indigent person who, while incarcerated in 3,034
any state correctional institution, is charged with a felony 3,035
offense, for which the penalty or any possible adjudication that 3,036
may be imposed by a court upon conviction includes the potential 3,037
loss of liberty. 3,038
(3) The state public defender may provide legal 3,040
representation to any person incarcerated in any correctional 3,041
institution of the state, in any matter in which the person 3,042
asserts the person is unlawfully imprisoned or detained. 3,043
(4) The state public defender, in any case in which the 3,045
state public defender has provided legal representation or is 3,046
requested to do so by a county public defender or joint county 3,047
public defender, may provide legal representation on appeal. 3,048
(5) The state public defender, when designated by the 3,050
court or requested by a county public defender, joint county 3,051
public defender, or the director of rehabilitation and 3,052
correction, shall provide legal representation in parole and 3,053
probation revocation matters, unless the state public defender 3,054
finds that the alleged parole or probation violator has the 3,055
financial capacity to retain the alleged violator's own counsel. 3,057
(6) If the state public defender contracts with a county 3,059
public defender commission, a joint county public defender 3,060
commission, or a board of county commissioners for the provision 3,061
of services, under authority of division (C)(7) of section 120.04 3,062
of the Revised Code, the state public defender shall provide 3,063
legal representation in accordance with the contract. 3,064
(B) The state public defender shall not be required to 3,066
prosecute any appeal, postconviction remedy, or other proceeding 3,067
74
pursuant to division (A)(3), (4), or (5) of this section, unless 3,068
the state public defender first is satisfied that there is 3,069
arguable merit to the proceeding. 3,070
(C) A court may appoint counsel or allow an indigent 3,072
person to select the indigent's own personal counsel to assist 3,073
the state public defender as co-counsel when the interests of 3,074
justice so require. When co-counsel is appointed to assist the 3,075
state public defender, the co-counsel shall receive any 3,076
compensation that the court may approve, not to exceed the 3,077
amounts provided for in section 2941.51 of the Revised Code. 3,078
(D) When the state public defender is designated by the 3,080
court or requested by a county public defender or joint county 3,081
public defender to provide legal representation for an indigent 3,082
person in any case, other than pursuant to a contract entered 3,083
into under authority of division (C)(7) of section 120.04 of the 3,084
Revised Code, the state public defender shall send to the county 3,085
in which the case is filed an itemized bill for fifty per cent of 3,086
the actual cost of the representation. The county, upon receipt 3,087
of an itemized bill from the state public defender pursuant to 3,088
this division, shall pay fifty per cent of the actual cost of the 3,089
legal representation as set forth in the itemized bill. There is 3,090
hereby created in the state treasury the county representation 3,091
fund for the deposit of moneys received from counties under this 3,092
division. All moneys credited to the fund shall be used by the 3,093
state public defender to provide legal representation for 3,094
indigent persons when designated by the court or requested by a 3,095
county or joint county public defender. 3,096
(E)(1) Notwithstanding any contrary provision of sections 3,098
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised 3,099
Code that pertains to representation by the attorney general, an 3,100
assistant attorney general, or special counsel of an officer or 3,101
employee, as defined in section 109.36 of the Revised Code, or of 3,102
an entity of state government, the state public defender may 3,103
elect to contract with, and to have the state pay pursuant to 3,104
75
division (E)(2) of this section for the services of, private 3,105
legal counsel to represent the Ohio public defender commission, 3,106
the state public defender, assistant state public defenders, 3,107
other employees of the commission or the state public defender, 3,108
and attorneys described in division (C) of section 120.41 of the 3,109
Revised Code in a malpractice or other civil action or proceeding 3,110
that arises from alleged actions or omissions related to 3,111
responsibilities derived pursuant to this chapter, or in a civil 3,112
action that is based upon alleged violations of the constitution 3,113
or statutes of the United States, including section 1983 of Title 3,114
42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 3,115
1983, as amended, and that arises from alleged actions or 3,116
omissions related to responsibilities derived pursuant to this 3,117
chapter, if the state public defender determines, in good faith, 3,118
that the defendant in the civil action or proceeding did not act 3,119
manifestly outside the scope of the defendant's employment or 3,120
official responsibilities, with malicious purpose, in bad faith, 3,121
or in a wanton or reckless manner. If the state public defender 3,122
elects not to contract pursuant to this division for private 3,123
legal counsel in a civil action or proceeding, then, in 3,124
accordance with sections 109.02, 109.07, 109.361 to 109.366, and 3,125
120.03 of the Revised Code, the attorney general shall represent 3,126
or provide for the representation of the Ohio public defender 3,127
commission, the state public defender, assistant state public 3,128
defenders, other employees of the commission or the state public 3,129
defender, or attorneys described in division (C) of section 3,130
120.41 of the Revised Code in the civil action or proceeding. 3,131
(2)(a) Subject to division (E)(2)(b) of this section, 3,133
payment from the state treasury for the services of private legal 3,134
counsel with whom the state public defender has contracted 3,135
pursuant to division (E)(1) of this section shall be accomplished 3,136
only through the following procedure: 3,137
(i) The private legal counsel shall file with the attorney 3,139
general a copy of the contract; a request for an award of legal 3,140
76
fees, court costs, and expenses earned or incurred in connection 3,141
with the defense of the Ohio public defender commission, the 3,142
state public defender, an assistant state public defender, an 3,143
employee, or an attorney in a specified civil action or 3,144
proceeding; a written itemization of those fees, costs, and 3,145
expenses, including the signature of the state public defender 3,146
and the state public defender's attestation that the fees, costs, 3,148
and expenses were earned or incurred pursuant to division (E)(1) 3,149
of this section to the best of the state public defender's 3,150
knowledge and information; a written statement whether the fees, 3,152
costs, and expenses are for all legal services to be rendered in 3,153
connection with that defense, are only for legal services 3,154
rendered to the date of the request and additional legal services 3,155
likely will have to be provided in connection with that defense, 3,156
or are for the final legal services rendered in connection with 3,157
that defense; a written statement indicating whether the private 3,158
legal counsel previously submitted a request for an award under 3,159
division (E)(2) of this section in connection with that defense 3,160
and, if so, the date and the amount of each award granted; and, 3,161
if the fees, costs, and expenses are for all legal services to be 3,162
rendered in connection with that defense or are for the final 3,163
legal services rendered in connection with that defense, a 3,164
certified copy of any judgment entry in the civil action or 3,165
proceeding or a signed copy of any settlement agreement entered 3,166
into between the parties to the civil action or proceeding. 3,167
(ii) Upon receipt of a request for an award of legal fees, 3,169
court costs, and expenses and the requisite supportive 3,170
documentation described in division (E)(2)(a)(i) of this section, 3,171
the attorney general shall review the request and documentation; 3,172
determine whether any of the limitations specified in division 3,173
(E)(2)(b) of this section apply to the request; and, if an award 3,174
of legal fees, court costs, or expenses is permissible after 3,175
applying the limitations, prepare a document awarding legal fees, 3,176
court costs, or expenses to the private legal counsel. The 3,177
77
document shall name the private legal counsel as the recipient of 3,178
the award; specify the total amount of the award as determined by 3,179
the attorney general; itemize the portions of the award that 3,180
represent legal fees, court costs, and expenses; specify any 3,181
limitation applied pursuant to division (E)(2)(b) of this section 3,182
to reduce the amount of the award sought by the private legal 3,183
counsel; state that the award is payable from the state treasury 3,184
pursuant to division (E)(2)(a)(iii) of this section; and be 3,185
approved by the inclusion of the signatures of the attorney 3,186
general, the state public defender, and the private legal 3,187
counsel. 3,188
(iii) The attorney general shall forward a copy of the 3,190
document prepared pursuant to division (E)(2)(a)(ii) of this 3,191
section to the director of budget and management. The AWARD OF 3,192
LEGAL FEES, COURT COSTS, OR EXPENSES SHALL BE PAID OUT OF THE 3,193
STATE PUBLIC DEFENDER'S APPROPRIATIONS, TO THE EXTENT THERE IS A 3,194
SUFFICIENT AVAILABLE BALANCE IN THOSE APPROPRIATIONS. IF THE 3,195
STATE PUBLIC DEFENDER DOES NOT HAVE A SUFFICIENT AVAILABLE 3,196
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS TO PAY THE
ENTIRE AWARD OF LEGAL FEES, COURT COSTS, OR EXPENSES, THE 3,197
director shall make application for the payment of the award of 3,199
legal fees, court costs, or expenses A TRANSFER OF APPROPRIATIONS 3,200
out of the emergency purposes account or any other appropriation 3,202
for emergencies or contingencies, and payments IN AN AMOUNT EQUAL 3,203
TO THE PORTION OF THE AWARD THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,204
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS. A 3,205
TRANSFER OF APPROPRIATIONS out of that THE EMERGENCY PURPOSES 3,207
account or any other appropriation for emergencies or 3,208
contingencies shall be authorized if there are sufficient moneys 3,209
greater than the sum total of then pending emergency purposes 3,210
account requests, or requests for releases from the other 3,211
appropriation. If sufficient moneys exist in A TRANSFER OF 3,212
APPROPRIATIONS OUT OF the emergency purposes account or other 3,214
appropriation for emergencies or contingencies IS MADE to pay AN 3,215
78
AMOUNT EQUAL TO THE PORTION OF the award THAT EXCEEDS THE 3,216
SUFFICIENT AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S 3,217
APPROPRIATIONS, the director shall cause THE payment of the award 3,218
to be made to the private legal counsel. If sufficient moneys do 3,220
not exist in the emergency purposes account or other 3,221
appropriation for emergencies or contingencies to pay AN AMOUNT 3,222
EQUAL TO THE PORTION OF the award THAT EXCEEDS THE SUFFICIENT 3,223
AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, 3,224
the private legal counsel shall request the general assembly to 3,225
make an appropriation sufficient to pay AN AMOUNT EQUAL TO THE 3,226
PORTION OF the award THAT EXCEEDS THE SUFFICIENT AVAILABLE 3,227
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, and no 3,228
payment IN THAT AMOUNT shall be made until the appropriation has 3,229
been made. The private legal counsel shall make the request 3,230
during the current biennium and during each succeeding biennium 3,231
until a sufficient appropriation is made. 3,232
(b) An award of legal fees, court costs, and expenses 3,234
pursuant to division (E) of this section is subject to the 3,235
following limitations: 3,236
(i) The maximum award or maximum aggregate of a series of 3,238
awards of legal fees, court costs, and expenses to the private 3,239
legal counsel in connection with the defense of the Ohio public 3,240
defender commission, the state public defender, an assistant 3,241
state public defender, an employee, or an attorney in a specified 3,242
civil action or proceeding shall not exceed fifty thousand 3,243
dollars. 3,244
(ii) The private legal counsel shall not be awarded legal 3,246
fees, court costs, or expenses to the extent the fees, costs, or 3,247
expenses are covered by a policy of malpractice or other 3,248
insurance. 3,249
(iii) The private legal counsel shall be awarded legal 3,251
fees and expenses only to the extent that the fees and expenses 3,252
are reasonable in light of the legal services rendered by the 3,253
private legal counsel in connection with the defense of the Ohio 3,254
79
public defender commission, the state public defender, an 3,255
assistant state public defender, an employee, or an attorney in a 3,256
specified civil action or proceeding. 3,257
(c) If, pursuant to division (E)(2)(a) of this section, 3,259
the attorney general denies a request for an award of legal fees, 3,260
court costs, or expenses to private legal counsel because of the 3,261
application of a limitation specified in division (E)(2)(b) of 3,262
this section, the attorney general shall notify the private legal 3,264
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a 3,266
private legal counsel receives a denial of an award notification 3,267
or if a private legal counsel refuses to approve a document under 3,268
division (E)(2)(a)(ii) of this section because of the proposed 3,269
application of a limitation specified in division (E)(2)(b) of 3,270
this section, the private legal counsel may commence a civil 3,271
action against the attorney general in the court of claims to 3,272
prove the private legal counsel's entitlement to the award 3,273
sought, to prove that division (E)(2)(b) of this section does not 3,275
prohibit or otherwise limit the award sought, and to recover a 3,276
judgment for the amount of the award sought. A civil action 3,277
under division (E)(2)(d) of this section shall be commenced no 3,278
later than two years after receipt of a denial of award 3,279
notification or, if the private legal counsel refused to approve 3,280
a document under division (E)(2)(a)(ii) of this section because 3,281
of the proposed application of a limitation specified in division 3,282
(E)(2)(b) of this section, no later than two years after the 3,283
refusal. Any judgment of the court of claims in favor of the 3,284
private legal counsel shall be paid from the state treasury in 3,285
accordance with division (E)(2)(a) of this section. 3,286
(F) If a court appoints the office of the state public 3,289
defender to represent a petitioner in a postconviction relief 3,290
proceeding under section 2953.21 of the Revised Code, the 3,291
petitioner has received a sentence of death, and the proceeding 3,292
relates to that sentence, all of the attorneys who represent the 3,293
80
petitioner in the proceeding pursuant to the appointment, whether 3,294
an assistant state public defender, the state public defender, or 3,295
another attorney, shall be certified under Rule 65 of the Rules 3,296
of Superintendence for Common Pleas Courts to represent indigent 3,298
defendants charged with or convicted of an offense for which the 3,299
death penalty can be or has been imposed.
Sec. 120.18. (A) The county public defender commission's 3,308
report to the board of county commissioners shall be audited by 3,309
the county auditor. The board of county commissioners, after 3,310
review and approval of the audited report, may then certify it to 3,311
the state public defender for reimbursement. If a request for 3,312
the reimbursement of any operating expenditure incurred by a 3,313
county public defender office is not received by the state public 3,314
defender within sixty days after the end of the calendar month in 3,315
which the expenditure is incurred, the state public defender 3,316
shall not pay the requested reimbursement, unless the county has 3,317
requested, and the state public defender has granted, an 3,318
extension of the sixty-day time limit. Each request for 3,319
reimbursement shall include a certification by the county public 3,320
defender that the persons provided representation by the county 3,321
public defender's office during the period covered by the report 3,322
were indigent AND, FOR EACH PERSON PROVIDED REPRESENTATION DURING 3,323
THAT PERIOD, A FINANCIAL DISCLOSURE FORM COMPLETED BY THE PERSON 3,324
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 3,325
public defender shall also review the report and, in accordance 3,327
with the standards, guidelines, and maximums established pursuant 3,328
to divisions (B)(7) and (8) of section 120.04 of the Revised 3,329
Code, prepare a voucher for fifty per cent of the total cost of 3,330
each county public defender's office for the period of time 3,331
covered by the certified report and a voucher for fifty per cent 3,332
of the costs and expenses that are reimbursable under section 3,333
120.35 of the Revised Code, if any, or, if the amount of money 3,334
appropriated by the general assembly to reimburse counties for 3,335
the operation of county public defender offices, joint county 3,336
81
public defender offices, and county appointed counsel systems is 3,337
not sufficient to pay fifty per cent of the total cost of all of 3,338
the offices and systems, for the lesser amount required by 3,339
section 120.34 of the Revised Code. For the purposes of this 3,340
section, "total cost" means total expenses minus costs and 3,341
expenses reimbursable under section 120.35 of the Revised Code 3,342
and any funds received by the county public defender commission 3,343
pursuant to a contract, except a contract entered into with a 3,344
municipal corporation pursuant to division (E) of section 120.14 3,345
of the Revised Code, gift, or grant. 3,346
(B) If the county public defender fails to maintain the 3,348
standards for the conduct of the office established by rules of 3,349
the Ohio public defender commission pursuant to divisions (B) and 3,350
(C) of section 120.03 or the standards established by the state 3,351
public defender pursuant to division (B)(7) of section 120.04 of 3,352
the Revised Code, the Ohio public defender commission shall 3,353
notify the county public defender commission and the board of 3,354
county commissioners of the county that the county public 3,355
defender has failed to comply with its rules or the standards of 3,356
the state public defender. Unless the county public defender 3,357
commission or the county public defender corrects the conduct of 3,358
his THE COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,359
and standards within ninety days after the date of the notice, 3,361
the state public defender may deny payment of all or part of the 3,362
county's reimbursement from the state provided for in division 3,363
(A) of this section. 3,364
Sec. 120.28. (A) The joint county public defender 3,374
commission's report to the joint board of county commissioners 3,375
shall be audited by the fiscal officer of the district. The 3,376
joint board of county commissioners, after review and approval of 3,377
the audited report, may then certify it to the state public 3,378
defender for reimbursement. If a request for the reimbursement 3,379
of any operating expenditure incurred by a joint county public 3,380
defender office is not received by the state public defender 3,381
82
within sixty days after the end of the calendar month in which 3,382
the expenditure is incurred, the state public defender shall not 3,383
pay the requested reimbursement, unless the joint board of county 3,384
commissioners has requested, and the state public defender has 3,385
granted, an extension of the sixty-day time limit. Each request 3,386
for reimbursement shall include a certification by the joint 3,387
county public defender that all persons provided representation 3,388
by the joint county public defender's office during the period 3,389
covered by the request were indigent AND, FOR EACH PERSON 3,390
PROVIDED REPRESENTATION DURING THAT PERIOD, A FINANCIAL 3,391
DISCLOSURE FORM COMPLETED BY THE PERSON ON A FORM PRESCRIBED BY 3,392
THE STATE PUBLIC DEFENDER. The state public defender shall also 3,394
review the report and, in accordance with the standards, 3,395
guidelines, and maximums established pursuant to divisions (B)(7) 3,396
and (8) of section 120.04 of the Revised Code, prepare a voucher 3,397
for fifty per cent of the total cost of each joint county public 3,398
defender's office for the period of time covered by the certified 3,399
report and a voucher for fifty per cent of the costs and expenses 3,400
that are reimbursable under section 120.35 of the Revised Code, 3,401
if any, or, if the amount of money appropriated by the general 3,402
assembly to reimburse counties for the operation of county public 3,403
defender offices, joint county public defender offices, and 3,404
county appointed counsel systems is not sufficient to pay fifty 3,405
per cent of the total cost of all of the offices and systems, for 3,406
the lesser amount required by section 120.34 of the Revised Code. 3,407
For purposes of this section, "total cost" means total expenses 3,408
minus costs and expenses reimbursable under section 120.35 of the 3,409
Revised Code and any funds received by the joint county public 3,410
defender commission pursuant to a contract, except a contract 3,411
entered into with a municipal corporation pursuant to division 3,412
(E) of section 120.24 of the Revised Code, gift, or grant. Each 3,413
county in the district shall be entitled to a share of such state 3,414
reimbursement in proportion to the percentage of the total cost 3,415
it has agreed to pay. 3,416
83
(B) If the joint county public defender fails to maintain 3,418
the standards for the conduct of the office established by the 3,419
rules of the Ohio public defender commission pursuant to 3,420
divisions (B) and (C) of section 120.03 or the standards 3,421
established by the state public defender pursuant to division 3,422
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,423
defender commission shall notify the joint county public defender 3,424
commission and the board of county commissioners of each county 3,425
in the district that the joint county public defender has failed 3,426
to comply with its rules or the standards of the state public 3,427
defender. Unless the joint public defender commission or the 3,428
joint county public defender corrects the conduct of his THE 3,429
JOINT COUNTY PUBLIC DEFENDER'S office to comply with the rules 3,431
and standards within ninety days after the date of the notice, 3,432
the state public defender may deny all or part of the counties' 3,433
reimbursement from the state provided for in division (A) of this 3,434
section.
Sec. 120.33. (A) In lieu of using a county public 3,444
defender or joint county public defender to represent indigent 3,445
persons in the proceedings set forth in division (A) of section 3,446
120.16 of the Revised Code, the board of county commissioners of 3,447
any county may adopt a resolution to pay counsel who are either 3,448
personally selected by the indigent person or appointed by the 3,449
court. The resolution shall include those provisions the board 3,450
of county commissioners considers necessary to provide effective 3,451
representation of indigent persons in any proceeding for which 3,452
counsel is provided under this section. The resolution shall 3,453
include provisions for contracts with any municipal corporation 3,454
under which the municipal corporation shall reimburse the county 3,455
for counsel appointed to represent indigent persons charged with 3,456
violations of the ordinances of the municipal corporation. 3,457
(1) In a county that adopts a resolution to pay counsel, 3,459
an indigent person shall have the right to do either of the 3,460
following: 3,461
84
(a) To select the person's own personal counsel to 3,463
represent the person in any proceeding included within the 3,464
provisions of the resolution;
(b) To request the court to appoint counsel to represent 3,466
the person in such a proceeding. 3,467
(2) The court having jurisdiction over the proceeding in a 3,469
county that adopts a resolution to pay counsel shall, after 3,470
determining that the person is indigent and entitled to legal 3,471
representation under this section, do either of the following: 3,472
(a) By signed journal entry recorded on its docket, enter 3,474
the name of the lawyer selected by the indigent person as counsel 3,475
of record; 3,476
(b) Appoint counsel for the indigent person if the person 3,478
has requested the court to appoint counsel and, by signed journal 3,479
entry recorded on its dockets, enter the name of the lawyer 3,480
appointed for the indigent person as counsel of record. 3,481
(3) The board of county commissioners shall establish a 3,483
schedule of fees by case or on an hourly basis to be paid to 3,484
counsel for legal services provided pursuant to a resolution 3,485
adopted under this section. Prior to establishing the schedule, 3,486
the board of county commissioners shall request the bar 3,487
association or associations of the county to submit a proposed 3,488
schedule. The schedule submitted shall be subject to the review, 3,489
amendment, and approval of the board of county commissioners. 3,490
(4) Counsel selected by the indigent person or appointed 3,492
by the court at the request of an indigent person in a county 3,493
that adopts a resolution to pay counsel, except for counsel 3,494
appointed to represent a person charged with any violation of an 3,495
ordinance of a municipal corporation that has not contracted with 3,496
the county commissioners for the payment of appointed counsel, 3,497
shall be paid by the county and shall receive the compensation 3,498
and expenses the court approves. Each request for payment shall 3,499
be accompanied by A FINANCIAL DISCLOSURE FORM AND an affidavit of 3,500
indigency THAT ARE completed by the indigent person on forms 3,502
85
prescribed by the state public defender. Compensation and 3,503
expenses shall not exceed the amounts fixed by the board of 3,504
county commissioners in the schedule adopted pursuant to division 3,505
(A)(3) of this section. No court shall approve compensation and 3,506
expenses that exceed the amount fixed pursuant to division (A)(3) 3,507
of this section.
The fees and expenses approved by the court shall not be 3,509
taxed as part of the costs and shall be paid by the county. 3,510
However, if the person represented has, or may reasonably be 3,511
expected to have, the means to meet some part of the cost of the 3,512
services rendered to the person, the person shall pay the county 3,514
an amount that the person reasonably can be expected to pay. 3,515
Pursuant to section 120.04 of the Revised Code, the county shall 3,516
pay to the state public defender a percentage of the payment 3,518
received from the person in an amount proportionate to the 3,520
percentage of the costs of the person's case that were paid to 3,521
the county by the state public defender pursuant to this section. 3,522
The money paid to the state public defender shall be credited to 3,523
the client payment fund created pursuant to division (B)(5) of 3,525
section 120.04 of the Revised Code. 3,526
The county auditor shall draw a warrant on the county 3,528
treasurer for the payment of counsel in the amount fixed by the 3,529
court, plus the expenses the court fixes and certifies to the 3,530
auditor. The county auditor shall report periodically, but not 3,531
less than annually, to the board of county commissioners and to 3,532
the Ohio public defender commission the amounts paid out pursuant 3,533
to the approval of the court. The board of county commissioners, 3,534
after review and approval of the auditor's report, may then 3,535
certify it to the state public defender for reimbursement. If a 3,536
request for reimbursement is not accompanied by A FINANCIAL 3,537
DISCLOSURE FORM AND an affidavit of indigency completed by the 3,539
indigent person on forms prescribed by the state public defender, 3,540
the state public defender shall not pay the requested 3,541
reimbursement. If a request for the reimbursement of the cost of 3,542
86
counsel in any case is not received by the state public defender 3,543
within ninety days after the end of the calendar month in which 3,544
the case is finally disposed of by the court, unless the county 3,545
has requested and the state public defender has granted an 3,546
extension of the ninety-day limit, the state public defender 3,547
shall not pay the requested reimbursement. The state public 3,548
defender shall also review the report and, in accordance with the 3,549
standards, guidelines, and maximums established pursuant to 3,550
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 3,551
prepare a voucher for fifty per cent of the total cost of each 3,552
county appointed counsel system in the period of time covered by 3,553
the certified report and a voucher for fifty per cent of the 3,554
costs and expenses that are reimbursable under section 120.35 of 3,555
the Revised Code, if any, or, if the amount of money appropriated 3,556
by the general assembly to reimburse counties for the operation 3,557
of county public defender offices, joint county public defender 3,558
offices, and county appointed counsel systems is not sufficient 3,559
to pay fifty per cent of the total cost of all of the offices and 3,560
systems other than costs and expenses that are reimbursable under 3,561
section 120.35 of the Revised Code, for the lesser amount 3,562
required by section 120.34 of the Revised Code. 3,563
(5) If any county appointed counsel system fails to 3,565
maintain the standards for the conduct of the system established 3,566
by the rules of the Ohio public defender commission pursuant to 3,567
divisions (B) and (C) of section 120.03 or the standards 3,568
established by the state public defender pursuant to division 3,569
(B)(7) of section 120.04 of the Revised Code, the Ohio public 3,570
defender commission shall notify the board of county 3,571
commissioners of the county that the county appointed counsel 3,572
system has failed to comply with its rules or the standards of 3,573
the state public defender. Unless the board of county 3,574
commissioners corrects the conduct of its appointed counsel 3,575
system to comply with the rules and standards within ninety days 3,576
after the date of the notice, the state public defender may deny 3,577
87
all or part of the county's reimbursement from the state provided 3,579
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 3,581
county public defender to represent indigent persons in the 3,582
proceedings set forth in division (A) of section 120.16 of the 3,583
Revised Code, and in lieu of adopting the resolution and 3,584
following the procedure described in division (A) of this 3,585
section, the board of county commissioners of any county may 3,586
contract with the state public defender for the state public 3,587
defender's legal representation of indigent persons. A contract 3,589
entered into pursuant to this division may provide for payment 3,590
for the services provided on a per case, hourly, or fixed 3,591
contract basis.
(C) If a court appoints an attorney pursuant to this 3,593
section to represent a petitioner in a postconviction relief 3,594
proceeding under section 2953.21 of the Revised Code, the 3,595
petitioner has received a sentence of death, and the proceeding 3,596
relates to that sentence, the attorney who represents the 3,597
petitioner in the proceeding pursuant to the appointment shall be 3,598
certified under Rule 65 of the Rules of Superintendence for 3,599
Common Pleas Courts to represent indigent defendants charged with 3,601
or convicted of an offense for which the death penalty can be or 3,602
has been imposed.
Sec. 121.05. Except as otherwise provided in this section, 3,611
in each department, there shall be an assistant director 3,612
designated by the director of that department. In the department 3,613
of health, there shall be two assistant directors, each of whom 3,614
shall be designated by the director of health. In the department 3,616
of transportation, there shall be an assistant director for 3,617
business management, an assistant director for field operations, 3,618
and an assistant director for transportation policy, each of whom 3,620
shall be designated by the director of transportation. In the
department of insurance, the deputy superintendent of insurance 3,622
shall be the assistant director. In the department of
88
administrative services, there shall be two assistant directors, 3,623
each of whom shall be designated by the director of 3,624
administrative services. In the department of commerce, there 3,625
shall be two assistant directors, each of whom shall be 3,626
designated by the director of commerce. IN THE DEPARTMENT OF 3,627
HUMAN SERVICES, THERE MAY BE UP TO TWO ASSISTANT DIRECTORS, EACH 3,628
OF WHOM SHALL BE DESIGNATED BY THE DIRECTOR OF HUMAN SERVICES. 3,629
In each department, the assistant director shall act as director 3,630
in the absence or disability of the director and also shall act 3,631
as director when the position of director is vacant, except that 3,632
in the department of transportation, the department of health, 3,633
the department of commerce, and the department of administrative 3,634
services, AND THE DEPARTMENT OF HUMAN SERVICES, the director 3,636
shall designate which assistant director shall act as director in 3,637
the director's absence.
A director may designate any of the director's assistant 3,639
directors or a deputy director to serve in the director's place 3,640
as a member of any board, committee, authority, or commission of 3,642
which the director is, by law, a member. The designee, when 3,643
present, shall be counted in determining whether a quorum is 3,644
present at any meeting. The designee may vote and participate in 3,646
all proceedings and actions of the board, committee, authority, 3,647
or commission, provided that the designee shall not execute or 3,648
cause a facsimile of the designee's signature to be placed on any 3,650
obligation, or execute any trust agreement or indenture. Such 3,651
THE designation shall be in writing, executed by the designating 3,653
director, filed with the secretary of the board, committee, 3,654
authority, or commission, and shall be in effect until withdrawn 3,655
or superseded by a new designation.
Sec. 121.11. (A) Each officer whose office is created by 3,665
sections 121.02, 121.04, and 121.05 of the Revised Code shall, 3,667
before entering upon the duties of his office, SHALL take and 3,670
subscribe an oath of office as provided by law and give bond, 3,671
conditioned according to law, with security to be approved by the 3,672
89
governor in such THE penal sum, not less than ten thousand 3,673
dollars, as is fixed by the governor. Such THE DEPARTMENT OF 3,675
ADMINISTRATIVE SERVICES MAY PROCURE FROM ANY DULY AUTHORIZED 3,676
CORPORATE SURETY A BLANKET BOND COVERING THE OFFICERS DESCRIBED 3,677
IN THOSE SECTIONS AND ANY OTHER OFFICERS THE GOVERNOR DESIGNATES. 3,678
THE bond and oath OF THE OFFICERS DESCRIBED IN THOSE SECTIONS 3,679
shall be filed in the office of the secretary of state. 3,681
(B) The director of each department may, with the approval 3,683
of the governor, MAY require any chief of a division, or any 3,685
officer or employee in his THE DIRECTOR'S department, to give 3,687
bond in such THE amount as the governor prescribes. Such THE 3,688
bond or bonds may, in the discretion of the director, be 3,689
individual, schedule, or blanket bonds. The 3,690
(C) THE premium on any bond required or authorized by this 3,692
section may be paid from the state treasury. 3,694
Sec. 121.24. (A) As used in this section: 3,705
(1) "Agency" means any agency as defined in division 3,707
(A)(2) of section 111.15 or division (A) of section 119.01 of the 3,708
Revised Code. 3,709
(2) "Employee" means a person who is employed by a small 3,711
business or small organization for at least one thousand eight 3,712
hundred hours per year. 3,713
(3) A rule is "filed in final form" when it is filed with 3,715
the secretary of state, the director of the legislative service 3,716
commission, and the joint committee on agency rule review under 3,717
division (B)(1) of section 111.15, division (A)(1) of section 3,718
119.04, division (B)(1) of section 4141.14, or division (A) of 3,719
section 5703.14 of the Revised Code. 3,720
(4) "History trail" means the supplementary information 3,722
required to be provided on each copy of a proposed rule, which 3,723
information is not part of the text of the rule, and sets forth 3,724
the statute prescribing the procedure in accordance with which 3,725
the proposed rule is required to be adopted, the statute that 3,726
authorizes the agency to adopt the proposed rule, the statute 3,727
90
that the agency intends to amplify or implement by adopting the 3,728
proposed rule, the effective dates of any previous versions of 3,729
the rule that is the subject of the proposal, and other similar 3,730
information as prescribed in rules of the legislative service 3,731
commission. 3,732
(5) "Individual" means any individual who is affected by a 3,734
rule in the individual's capacity as an officer or employee of a 3,736
small business or small organization. 3,737
(6) "Rule summary and fiscal analysis" means a rule 3,739
summary and fiscal analysis of a proposed rule that provides the 3,740
information required by division (B) of section 127.18 of the 3,741
Revised Code, and that has been prepared in the form prescribed 3,742
by the joint committee on agency rule review under division (E) 3,743
of that section. 3,744
(7) "Rate" means any rate, classification, fare, toll, 3,746
rental, or charge of a public utility. 3,747
(8) "Rule" means any rule, regulation, or standard having 3,749
a general and uniform operation, including any appendix thereto, 3,750
that is adopted, promulgated, and enforced by an agency under the 3,751
authority of the laws governing the agency. "Rule" includes the 3,752
adoption of a new rule or the amendment or rescission of an 3,753
existing rule. "Rule" does not include any of the following: 3,754
(a) A rule proposed under section 1121.05, 1121.06, 3,756
1155.18, or 1163.22 of the Revised Code; 3,757
(b) A rule governing the internal management of an agency 3,759
that does not affect private rights; 3,760
(c) A rule authorized by law to be issued as a temporary 3,762
written order; 3,763
(d) Except as otherwise provided in division (A)(8)(d) of 3,765
this section, a rule or order, whether of a quasi-legislative or 3,766
quasi-judicial nature, proposed by the public utilities 3,767
commission. Any rule or order, whether of a quasi-legislative or 3,768
quasi-judicial nature, proposed by the public utilities 3,769
commission that determines a rate of a public utility to be just 3,770
91
and reasonable is a "rule" for purposes of this section, unless 3,771
the rule or order contains findings that the public utility, in 3,772
applying for approval of the rate under section 4909.18 of the 3,773
Revised Code, stated facts and grounds sufficient for the 3,774
commission to determine that the proposed rate was just and 3,775
reasonable. 3,776
(e) A proposed rule, the adoption of which is mandated by 3,778
a federal law or rule, and which must be adopted substantially as 3,779
prescribed by federal law or rule, to become effective within one 3,780
hundred twenty days of adoption, so long as the history trail of 3,781
the proposed rule contains a statement that it is proposed for 3,782
the purpose of complying with a federal law or rule and a 3,783
citation to the federal law or rule that mandates substantial 3,784
compliance; 3,785
(9) "Small business" means an independently owned and 3,787
operated business having fewer than four hundred employees. 3,788
(10) "Small organization" means an unincorporated 3,790
association, sheltered workshop, or nonprofit enterprise having 3,791
fewer than four hundred employees. This definition is not 3,792
limited to the types of small organizations expressly mentioned, 3,793
and includes all other types of small organizations, so long as 3,794
such organizations have fewer than four hundred employees. 3,795
(B) If an agency intends to adopt a rule, and reasonably 3,797
believes that the proposed rule, if adopted, will be likely to 3,798
affect individuals, small businesses, or small organizations, the 3,799
agency shall comply with the following procedure in adopting the 3,800
rule, in addition to any other procedure required by section 3,801
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 3,802
5117.02 of the Revised Code or any other statute of this state: 3,804
(1) The agency shall prepare a complete and accurate rule 3,806
summary and fiscal analysis of the original version of the 3,807
proposed rule. 3,808
(2) After complying with division (B)(1) of this section, 3,810
and at least sixty days before the agency files the proposed rule 3,811
92
in final form, the agency shall file with the office of small 3,812
business, one copy of the full text of the original version of 3,813
the proposed rule and one copy of the rule summary and fiscal 3,814
analysis of such proposed rule. 3,815
(3) During a period commencing on the date the original 3,817
version of the proposed rule is filed pursuant to division (B)(2) 3,818
of this section and ending forty days thereafter: 3,819
(a) The chairperson of the standing committee of the 3,821
senate or house of representatives having jurisdiction over 3,823
individuals, small businesses, or small organizations, or any 3,824
other person having an interest in the proposed rule, may submit 3,825
written comments to the agency, to the joint committee on agency 3,826
rule review, or to both, concerning the expected effect of the 3,827
proposed rule, if adopted, upon individuals, small businesses, 3,828
and small organizations. The agency and joint committee shall 3,829
accept all such timely submitted written comments. 3,830
(b) The chairperson of the standing committee of the 3,832
senate or house of representatives having jurisdiction over 3,834
individuals, small businesses, or small organizations may request 3,835
the agency to appear before the committee and testify, answer 3,836
questions asked by members of the committee, and produce 3,837
information in the possession of the agency as requested by the 3,838
committee, concerning the expected effect of the proposed rule, 3,839
if adopted, upon individuals, small businesses, or small 3,840
organizations. Upon receipt of a request from the chairperson of 3,842
the appropriate standing committee of the senate or house of 3,843
representatives under division (B)(3)(b) of this section, the 3,844
agency shall designate an officer or employee of the agency to 3,845
appear before the committee, and shall otherwise comply with the 3,846
request, in the manner directed by the request. 3,847
(4) The agency shall not proceed to file the proposed rule 3,849
in final form until it has considered any written comments timely 3,850
submitted to it under division (B)(3)(a) of this section, has 3,851
identified the issues raised by the comments, has assessed the 3,852
93
proposed rule in light of the issues raised by the comments, and 3,853
has made such revisions in the proposed rule as it considers 3,854
advisable in light of its assessment. 3,855
An agency is not required to put any revised version of a 3,857
proposed rule through the procedure of divisions (B)(1) to (4) of 3,858
this section. 3,859
(C) Any original version of a proposed rule, rule summary 3,861
and fiscal analysis, or written comment filed or submitted under 3,862
division (B) of this section shall be preserved by the agency 3,863
with which it is filed or to which it is submitted, and is a 3,864
public record open to public inspection. 3,865
(D) Each agency shall prepare a plan that provides for the 3,867
periodic review, at least once every five years, of each rule of 3,868
the agency that is not otherwise subject to review under section 3,869
119.032 of the Revised Code and that affects individuals, small 3,870
businesses, or small organizations. The purpose of each periodic 3,871
review shall be to determine whether the rule that is being 3,872
reviewed should be continued without change or amended or 3,873
rescinded, consistent with the purpose, scope, and intent of the 3,874
applicable statute authorizing adoption of the rule, so as to 3,875
minimize the economic impact of the rule upon individuals, small 3,876
businesses, or small organizations. Accordingly, in making each 3,877
periodic review of a rule, the agency shall consider the 3,878
continued need for the rule, the nature of any written complaints 3,879
or comments that the agency has received with regard to the rule, 3,880
the extent to which the rule duplicates, overlaps, or conflicts 3,881
with other currently effective rules, and the degree to which 3,882
technology, economic conditions, and other relevant factors have 3,883
changed in the area affected by the rule. 3,884
Each agency shall annually report to the governor and 3,886
general assembly, with regard to each of its rules that have been 3,887
reviewed under this division during the preceding calendar year, 3,888
the title and administrative code rule number of the rule, a 3,889
brief summary of the content and operation of the rule, and a 3,890
94
brief summary of the results of the review. If the agency is 3,891
otherwise required to make an annual report to the governor and 3,892
general assembly, the agency shall report this information in an 3,893
appropriately designated section of its annual report. If, 3,894
however, the agency is not otherwise required to make an annual 3,895
report to the governor and general assembly, the agency, on or 3,896
before the first day of February, shall report this information 3,897
in a separate report to the governor and general assembly. In 3,898
addition to the submissions required by section 101.68 of the 3,899
Revised Code, and in addition to any requirement of that section 3,900
to submit notice of the availability of a report instead of 3,901
copies of the report, the agency shall submit copies of its 3,902
annual or separate report, which provides the information 3,903
required by this division, to the chairpersons of the standing 3,905
committees of the senate and house of representatives having 3,906
jurisdiction over individuals, small businesses, and small 3,907
organizations. 3,908
Each agency having rules in effect on the effective date of 3,910
this section JANUARY 1, 1985, that affect individuals, small 3,912
businesses, or small organizations shall divide those rules into 3,913
groups, so that at least one-fifth of those rules are reviewed 3,914
during each year of a five-year period commencing on the 3,915
effective date of this section JANUARY 1, 1985. A rule that is 3,916
newly adopted after the effective date of this section JANUARY 1, 3,918
1985, shall be reviewed five years after its effective date. 3,921
When a rule has once been reviewed, it shall thereafter be
reviewed again at five-year intervals. 3,922
(E) Each agency shall designate an individual or office 3,924
within the agency to be responsible for complying with this 3,925
division. Each individual or office that has been so designated 3,926
shall, within ten days after receiving a request therefor from 3,927
any person: 3,928
(1) Provide the person with copies of any rule proposed by 3,930
the agency that would affect individuals, small businesses, or 3,931
95
small organizations; 3,932
(2) Provide the person with copies of the rule summary and 3,934
fiscal analysis of any rule proposed by the agency that would 3,935
affect individuals, small businesses, or small organizations; or 3,936
(3) Find, collate, and make available to the person any 3,938
information in the possession of the agency regarding a rule 3,939
proposed by the agency, which information would be of interest to 3,940
individuals, small businesses, or small organizations. 3,941
The agency shall inform the office of small business in 3,943
writing of the name, address, and telephone number of each 3,944
individual or office designated under this division. The agency 3,945
shall promptly inform the office of small business in writing of 3,946
any change in the information thus provided. 3,947
(F) Division (B) of this section does not apply to any 3,949
emergency rule adopted under division (B)(2) of section 111.15 or 3,950
division (F) of section 119.03 of the Revised Code, except that 3,951
the emergency rule becomes subject to such division when it is 3,952
adopted pursuant to the procedure of section 111.15 or 119.03 of 3,953
the Revised Code for the adoption of rules not of an emergency 3,954
nature. 3,955
(G) The department of taxation shall provide a copy of the 3,957
full text of any rule proposed by the department that may affect 3,958
any business to the office of small business, and the department 3,959
shall designate an office within the agency responsible for 3,960
providing a copy of any such rule within ten days of receiving a 3,961
request from any person. 3,962
Sec. 121.371. There is hereby created the wellness block 3,971
grant program. The Ohio family and children first cabinet 3,973
council shall oversee the program, and the children's trust fund 3,974
board, created by section 3109.15 of the Revised Code, shall 3,975
serve as the program's administrative agent. The board and the 3,976
cabinet council shall establish guidelines for operating the 3,977
wellness block grant program. A REPRESENTATIVE OF THE FAMILY AND 3,978
CHILDREN FIRST CABINET COUNCIL AND THE CHAIRPERSON OF THE 3,979
96
CHILDREN'S TRUST FUND BOARD SHALL RESOLVE ANY DISAGREEMENTS 3,980
CONCERNING THE DUTIES OF THE COUNCIL AND THE BOARD UNDER THIS
SECTION. 3,981
The children's trust fund board may accept gifts, 3,983
donations, grants, or other moneys for the wellness block grant 3,984
program from any source. The board shall use the funds received 3,985
to make block grants to county family and children first 3,986
councils. The amount to be granted to each county council shall 3,987
be determined by the board and the cabinet council. To cover 3,988
administrative expenses, the board may use in each state fiscal 3,989
year an amount not to exceed one per cent of the total amount 3,990
available for the program in that year. 3,991
County councils shall use the funds they receive through 3,993
wellness block grants to fund community-based programs of 3,994
prevention services that address issues of broad social concern, 3,995
as determined by the cabinet council and the board, and to fund 3,996
state-directed training, evaluation, and education programs 3,997
pertaining to the issues being addressed. Each county council 3,998
shall submit to the board a program and fiscal plan that outlines 4,000
its proposal for expenditure of its block grant AND SHALL, AFTER 4,001
CONSULTING WITH THE BOARD OF COUNTY COMMISSIONERS, DESIGNATE A 4,002
FISCAL AGENT TO RECEIVE THE BLOCK GRANT.
As requested by the board on behalf of the cabinet council, 4,005
each county council shall submit program and fiscal accountings 4,006
regarding the use of its block grant. The board and the cabinet 4,007
council shall establish criteria for assessing a county council's 4,008
progress in achieving the goals of the wellness block grant 4,009
program. If a county council does not operate in accordance with 4,010
the program guidelines and criteria established by the board and 4,011
the cabinet council, the board and the cabinet council may revise 4,012
the allocation of funds that the county council receives. 4,013
The board shall prepare an annual report detailing the 4,015
results of the program. The report shall be submitted to the 4,016
governor, the president AND MINORITY LEADER of the senate, and 4,017
97
the speaker AND MINORITY LEADER of the house of representatives. 4,019
Sec. 121.481. THE SPECIAL INVESTIGATIONS FUND IS HEREBY 4,021
CREATED IN THE STATE TREASURY FOR THE PURPOSE OF PAYING COSTS OF 4,022
INVESTIGATIONS CONDUCTED BY THE INSPECTOR GENERAL. IN RESPONSE 4,023
TO REQUESTS FROM THE INSPECTOR GENERAL, THE CONTROLLING BOARD MAY 4,024
MAKE TRANSFERS TO THE FUND FROM THE EMERGENCY PURPOSES 4,025
APPROPRIATION OF THE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS: 4,026
(A) THE INSPECTOR GENERAL SHALL NOT REQUEST A TRANSFER 4,028
THAT WOULD CAUSE THE UNOBLIGATED, UNENCUMBERED BALANCE IN THE 4,029
FUND TO EXCEED ONE HUNDRED THOUSAND DOLLARS AT ANY ONE TIME; 4,030
(B) IN REQUESTING A TRANSFER, THE INSPECTOR GENERAL SHALL 4,032
NOT DISCLOSE ANY INFORMATION THAT WOULD RISK IMPAIRING THE 4,033
INVESTIGATION IF IT BECAME PUBLIC, PROVIDED THAT AFTER ANY 4,034
INVESTIGATION USING MONEY TRANSFERRED TO THE FUND FROM AN 4,035
EMERGENCY PURPOSES APPROPRIATION HAS BEEN COMPLETED, THE 4,036
INSPECTOR GENERAL SHALL REPORT TO THE BOARD THE OBJECT AND COST 4,037
OF THE INVESTIGATION, BUT NOT ANY INFORMATION DESIGNATED AS 4,038
CONFIDENTIAL UNDER SECTION 121.44 OF THE REVISED CODE. 4,039
Sec. 122.011. (A) The department of development shall 4,048
develop and promote plans and programs designed to assure that 4,049
state resources are efficiently used, economic growth is properly 4,050
balanced, community growth is developed in an orderly manner, and 4,051
local governments are coordinated with each other and the state, 4,052
and for such purposes may do all of the following: 4,053
(1) Serve as a clearinghouse for information, data, and 4,055
other materials that may be helpful or necessary to persons or 4,056
local governments, as provided in section 122.07 of the Revised 4,057
Code; 4,058
(2) Prepare and activate plans for the retention, 4,060
development, expansion, and use of the resources and commerce of 4,061
the state, as provided in section 122.04 of the Revised Code; 4,062
(3) Assist and cooperate with federal, state, and local 4,064
governments and agencies of federal, state, and local governments 4,066
in the coordination of programs to carry out the functions and
98
duties of the department; 4,067
(4) Encourage and foster research and development 4,069
activities, conduct studies related to the solution of community 4,070
problems, and develop recommendations for administrative or 4,071
legislative actions, as provided in section 122.03 of the Revised 4,072
Code; 4,073
(5) Serve as the economic and community development 4,075
planning agency, which shall prepare and recommend plans and 4,076
programs for the orderly growth and development of this state and 4,077
which shall provide planning assistance, as provided in section 4,078
122.06 of the Revised Code; 4,079
(6) Cooperate with and provide technical assistance to 4,081
state departments, political subdivisions, regional and local 4,082
planning commissions, tourist associations, councils of 4,083
government, community development groups, community action 4,084
agencies, and other appropriate organizations for carrying out 4,085
the functions and duties of the department or for the solution of 4,086
community problems.; 4,087
(7) Coordinate the activities of state agencies that have 4,089
an impact on carrying out the functions and duties of the 4,090
department; 4,091
(8) Encourage and assist the efforts of and cooperate with 4,093
local governments to develop mutual and cooperative solutions to 4,094
their common problems that relate to carrying out the purposes of 4,095
this section; 4,096
(9) Study existing structure, operations, AND financing of 4,098
regional or local government and those state activities that 4,099
involve significant relations with regional or local governmental 4,100
units, recommend to the governor and to the general assembly such 4,101
changes in these provisions and activities as will improve the 4,102
operations of regional or local government, and conduct other 4,103
studies of legal provisions that affect problems related to 4,104
carrying out the purposes of this section; 4,105
(10) Appoint, with the approval of the governor, technical 4,108
99
and other advisory councils as it considers appropriate, as 4,109
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 4,111
development to develop and administer programs and activities 4,112
that are authorized by federal statute or the Revised Code; 4,113
(12) Until June 30, 1999 JULY 1, 2001, review, analyze, 4,116
and summarize applications and information regarding the family 4,118
farm loan program forwarded to the department by a financial 4,119
institution pursuant to section 901.81 of the Revised Code, and 4,122
forward the applications, information, analyses, and summaries to 4,123
the director of agriculture; 4,124
(13) Until June 30, 1999 JULY 1, 2001, establish fees and 4,127
charges, in consultation with the director of agriculture, for 4,129
purchasing loans from financial institutions and providing loan 4,130
guarantees under the family farm loan program created under 4,132
sections 901.80 to 901.83 of the Revised Code;
(14) Provide loan servicing for the loans purchased and 4,134
loan guarantees provided under section 901.80 of the Revised Code 4,136
as such THAT section existed prior to June 30, 1999 JULY 1, 2001; 4,138
(15) Until June 30, 1999 JULY 1, 2001, and upon approval 4,141
by the controlling board under division (A)(3) of section 901.82 4,142
of the Revised Code of the release of money to be used for 4,145
purchasing a loan or providing a loan guarantee, request the
release of such THAT money in accordance with division (B) of 4,148
section 166.03 of the Revised Code for use for the purposes of 4,151
the fund created by section 166.031 of the Revised Code. 4,152
(B) The department, by rule, shall establish criteria 4,154
defining nonprofit corporations that are eligible for appointment 4,155
as qualified agents pursuant to sections 135.81 to 135.88 of the 4,156
Revised Code. The criteria shall require that a corporation be 4,157
organized pursuant to Chapter 1702. of the Revised Code and have 4,158
as its primary purpose the promotion of economic development or 4,159
the creation or retention of jobs and job opportunities. The 4,160
criteria may include a specification as to the professional 4,161
100
qualifications of the corporation employees, a minimum elapsed 4,162
period of time since the corporation was organized, current and 4,163
former activities of the corporation, and such other criteria 4,164
reasonably related to the foregoing that relate to the ability of 4,165
the corporation to act as a qualified agent for the purposes of 4,166
sections 135.51 to 135.88 of the Revised Code. 4,167
(C) The director of development may request the attorney 4,169
general to, and the attorney general, in accordance with section 4,170
109.02 of the Revised Code, shall bring a civil action in any 4,172
court of competent jurisdiction. The director may be sued in the 4,173
director's official capacity, in connection with this chapter, in 4,174
accordance with Chapter 2743. of the Revised Code.
Sec. 122.05. (A) The director of development may, to 4,183
carry out the purposes of division (E) of section 122.04 of the 4,184
Revised Code:
(1) Establish offices in foreign countries as the director 4,186
considers appropriate and enter into leases of real property, 4,188
buildings, and office space that are appropriate for these 4,189
offices;
(2) Appoint personnel, who shall be in the unclassified 4,191
civil services, necessary to operate such offices and fix their 4,193
compensation. The director may enter into contracts with foreign 4,194
nationals to staff the foreign offices established under this 4,195
section.
(3) The director may establish UNITED STATES DOLLAR AND 4,198
foreign currency accounts with banks in countries in which 4,199
foreign offices have been established under this section, for the 4,200
payment of expenses related to the operation and maintenance of 4,201
those THE offices ESTABLISHED UNDER THIS SECTION. The director 4,202
may also establish accounts with domestic banks to deposit funds 4,203
that have been converted to the appropriate currency of the 4,204
offices established under this section. The director shall 4,205
establish procedures acceptable to the director of budget and
management for the conversion, transfer, and control of UNITED 4,207
101
STATES DOLLARS AND foreign currency in domestic and foreign banks 4,208
and for the accounting of funds at the end of each biennium. 4,209
(4) Do all things necessary and appropriate for the 4,211
operation of the state's foreign offices. 4,213
(B) All contracts entered into under division (A)(2) of 4,215
this section and any payments of expenses related to the 4,216
operation and maintenance of foreign offices established under 4,217
this section may be paid in the appropriate foreign currency and 4,218
are exempt from sections 127.16 and 5147.07 and Chapters 124., 4,219
125., and 153. of the Revised Code.
Sec. 122.15. As used in sections 122.15 to 122.154 of the 4,229
Revised Code:
(A) "Edison center" means a cooperative research and 4,231
development facility that receives funding through the Thomas 4,232
Alva Edison grant program under division (C) of section 122.33 of 4,234
the Revised Code.
(B) "Ohio entity" means any corporation, limited liability 4,237
company, or unincorporated business organization, including a 4,238
general or limited partnership, that has its principal place of 4,239
business located in this state and has at least fifty per cent of 4,240
its gross assets and fifty per cent of its employees located in 4,241
this state. If a corporation, limited liability company, or 4,243
unincorporated business organization is a member of an affiliated 4,244
group, the gross assets and the number of employees of all of the 4,246
members of that affiliated group, wherever those assets and 4,247
employees are located, shall be included for the purpose of 4,248
determining the percentage of the corporation's, company's, or
organization's gross assets and employees that are located in 4,249
this state. 4,250
(C) "Qualified trade or business" means any trade or 4,253
business that primarily involves research and development,
technology transfer, bio-technology, or the application of new 4,254
technology developed through research and development or acquired 4,256
through technology transfer. "Qualified trade or business" does 4,258
102
not include any of the following:
(1) Any trade or business involving the performance of 4,260
services in the field of law, engineering, architecture, 4,261
accounting, actuarial science, performing arts, consulting, 4,262
athletics, financial services, or brokerage services, or any 4,263
trade or business where the principal asset of the trade or 4,264
business is the reputation or skill of one or more of its 4,265
employees; 4,266
(2) Any banking, insurance, financing, leasing, rental, 4,268
investing, or similar business; 4,269
(3) Any farming business, including the business of 4,271
raising or harvesting trees; 4,272
(4) Any business involving the production or extraction of 4,275
products of a character with respect to which a deduction is
allowable under section 611, 613, or 613A of the "Internal 4,277
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 4,279
613A;
(5) Any business of operating a hotel, motel, restaurant, 4,282
or similar business;
(6) Any trade or business involving a hospital, a private 4,284
office of a licensed health care professional, a group practice 4,285
of licensed health care professionals, or a nursing home. As 4,286
used in division (C)(6) of this section: 4,287
(a) "Nursing home" has the same meaning as in section 4,289
3721.50 of the Revised Code. 4,290
(b) "Hospital" has the same meaning as in section 3727.01 4,292
of the Revised Code. 4,293
(D) "Insider" means an individual who owns, controls, or 4,295
holds power to vote five per cent or more of the outstanding 4,296
securities of a business. For purposes of determining whether an 4,297
investor is an insider, the percentage of voting power in the 4,298
Ohio entity held by a person related to the investor shall be 4,299
added to the investor's percentage of voting power in the same 4,300
Ohio entity, if the investor claimed the person related to the 4,301
103
investor as a dependent or a spouse on the investor's federal
income tax return for the previous tax year. 4,302
(E) "Related to" means being the spouse, parent, child, or 4,304
sibling of an individual. 4,305
(F) "Research and development" means designing, creating, 4,308
or formulating new or enhanced products, equipment, or processes, 4,309
and conducting scientific or technological inquiry and 4,310
experimentation in the physical sciences with the goal of 4,311
increasing scientific knowledge that may reveal the bases for new 4,312
or enhanced products, equipment, or processes. 4,313
(G) "State tax liability" means any tax liability incurred 4,317
under division (D) of section 5707.03, section 5727.24, 5727.38, 4,318
or 5747.02, or Chapter 5733. of the Revised Code. 4,319
(H) "Technology transfer" means the transfer of technology 4,322
from one sector of the economy to another, including the transfer 4,323
of military technology to civilian applications, civilian 4,324
technology to military applications, or technology from public or 4,325
private research laboratories to military or civilian 4,326
applications.
(I) "Affiliated group" means two or more persons related 4,329
in such a way that one of the persons owns or controls the 4,330
business operations of another of those persons. In the case of 4,331
a corporation issuing capital stock, one corporation owns or 4,332
controls the business operations of another corporation if it 4,334
owns more than fifty per cent of the other corporation's capital 4,335
stock with voting rights. In the case of a limited liability 4,336
company, one person owns or controls the business operations of 4,337
the company if that person's membership interest, as defined in 4,338
section 1705.01 of the Revised Code, is greater than fifty per 4,339
cent of combined membership interest of all persons owning such
interests in the company. In the case of an unincorporated 4,340
business organization, one person owns or controls the business 4,341
operations of the organization if, under the articles of 4,342
organization or other instrument governing the affairs of the 4,343
104
organization, that person has a beneficial interest in the 4,344
organization's profits, surpluses, losses, or other distributions 4,345
greater than fifty per cent of the combined beneficial interests
of all persons having such an interest in the organization. 4,346
(J) "Money" means United States currency, or a check, 4,349
draft, or cashier's check for United States currency, payable on 4,350
demand and drawn on a bank.
Sec. 122.152. (A) After receiving notice of approval for 4,360
an investment of money from the industrial technology and 4,361
enterprise advisory council committee under section 122.151 of 4,363
the Revised Code, an investor, within a period of time determined 4,365
by the committee, may make the investment and apply to the 4,366
council for a tax credit certificate. If the council is 4,367
satisfied the investor has made the investment in the proper 4,368
form, it shall issue to the investor a tax credit certificate 4,369
indicating that the investor is allowed a tax credit in an amount 4,371
equal to twenty-five per cent of the investment.
An investor who receives approval of a proposed investment 4,373
of money through a group application, after making the 4,374
investment, shall apply for a tax credit certificate on an 4,376
individual basis.
(B) An investor who is issued a tax credit certificate 4,379
under this section may claim a nonrefundable credit equal to the 4,380
amount indicated on the certificate against any state tax 4,381
liability. The investor shall claim the credit for the taxable 4,382
year in which the certificate is issued. 4,383
(1) If the credit to which a taxpayer otherwise would be 4,386
entitled under this section for any taxable year is greater than 4,387
the tax otherwise due under division (D) of section 5707.03 or 4,388
section 5727.24 OR 5727.38 of the Revised Code, the excess shall 4,389
be allowed as a credit in each of the ensuing fifteen taxable 4,391
years, but the amount of any excess credit allowed in an ensuing 4,393
taxable year shall be deducted from the balance carried forward 4,394
to the next taxable year.
105
(2) If the credit to which a taxpayer otherwise would be 4,397
entitled under this section for any taxable year is greater than 4,398
the tax otherwise due under section 5747.02 or Chapter 5733. of 4,399
the Revised Code, after allowing for any other credits that 4,400
precede the credit allowed under this section in the order 4,401
required under section 5733.98 or 5747.98 of the Revised Code, 4,402
the excess shall be allowed as a credit in each of the ensuing 4,403
fifteen taxable years, but the amount of any excess credit 4,404
allowed in an ensuing taxable year shall be deducted from the 4,405
balance carried forward to the next taxable year. 4,406
(C) Any portion of a credit allowed under this section 4,409
that is utilized by an investor to reduce the investor's state 4,410
tax liability shall not be utilized by any other person.
(D) To claim a tax credit allowed under this section, an 4,413
investor shall attach to the appropriate return a copy of the 4,414
certificate issued to the investor under this section. 4,415
(E) Nothing in this section shall limit or disallow 4,418
pass-through treatment of a pass-through entity's income, 4,419
deductions, or credits, or other amounts necessary to compute a 4,420
state tax liability. 4,421
(F) A tax credit certificate issued to an investor under 4,424
this section may not be transferred by that investor to any other 4,425
person.
(G)(1) The industrial technology and enterprise advisory 4,427
council shall develop the form of the tax credit certificate and 4,429
shall use that form when issuing a tax credit certificate under 4,430
this section.
(2) The industrial technology and enterprise advisory 4,433
council shall report to the tax commissioner any information 4,434
requested by the commissioner concerning tax credit certificates 4,435
issued under this section. 4,436
(H) An investment made by an investor or group of 4,438
investors who enter into a contractual agreement with an Ohio 4,441
entity to invest money in the Ohio entity is an acceptable 4,442
106
investment if all of the following conditions are met: 4,443
(1) The investment is made pursuant to a subscription 4,445
agreement providing that the investor or group of investors is 4,446
entitled to receive a refund of funds if the investment is not 4,447
approved by the industrial technology and enterprise advisory 4,448
council. 4,449
(2) The investment is placed in escrow until the 4,451
investment is approved by the industrial technology and 4,452
enterprise advisory council. 4,453
(3) The investor or group of investors shows proof of the 4,455
withdrawal of the funds by the Ohio entity after the investment 4,457
is approved by the industrial technology and enterprise advisory 4,458
council.
Sec. 122.19. AS USED IN SECTIONS 122.19 TO 122.22 OF THE 4,461
REVISED CODE:
(A) "DISTRESSED AREA" MEANS EITHER A MUNICIPAL CORPORATION 4,463
THAT HAS A POPULATION OF AT LEAST FIFTY THOUSAND OR A COUNTY, 4,464
THAT MEETS AT LEAST TWO OF THE FOLLOWING CRITERIA OF ECONOMIC 4,465
DISTRESS:
(1) ITS AVERAGE RATE OF UNEMPLOYMENT, DURING THE MOST 4,467
RECENT FIVE-YEAR PERIOD FOR WHICH DATA ARE AVAILABLE, IS EQUAL TO 4,468
AT LEAST ONE HUNDRED TWENTY-FIVE PER CENT OF THE AVERAGE RATE OF 4,469
UNEMPLOYMENT FOR THE UNITED STATES FOR THE SAME PERIOD. 4,470
(2) IT HAS A PER CAPITA INCOME EQUAL TO OR BELOW EIGHTY 4,472
PER CENT OF THE MEDIAN COUNTY PER CAPITA INCOME OF THE UNITED 4,473
STATES AS DETERMINED BY THE MOST RECENTLY AVAILABLE FIGURES FROM 4,475
THE UNITED STATES CENSUS BUREAU. 4,476
(3)(a) IN THE CASE OF A MUNICIPAL CORPORATION, AT LEAST 4,478
TWENTY PER CENT OF THE RESIDENTS HAVE A TOTAL INCOME FOR THE MOST 4,479
RECENT CENSUS YEAR THAT IS BELOW THE OFFICIAL POVERTY LINE. 4,480
(b) IN THE CASE OF A COUNTY, IN INTERCENSAL YEARS, THE 4,482
COUNTY HAS A RATIO OF TRANSFER PAYMENT INCOME TO TOTAL COUNTY 4,483
INCOME EQUAL TO OR GREATER THAN TWENTY-FIVE PER CENT. 4,484
(B) "ELIGIBLE APPLICANT" MEANS ANY OF THE FOLLOWING THAT 4,486
107
ARE DESIGNATED BY THE LEGISLATIVE AUTHORITY OF A COUNTY, 4,487
TOWNSHIP, OR MUNICIPAL CORPORATION AS PROVIDED IN DIVISION (B)(1) 4,488
OF SECTION 122.22 OF THE REVISED CODE: 4,489
(1) A PORT AUTHORITY AS DEFINED IN DIVISION (A) OF SECTION 4,491
4582.01 OR DIVISION (A) OF SECTION 4582.21 OF THE REVISED CODE; 4,492
(2) A COMMUNITY IMPROVEMENT CORPORATION AS DESCRIBED IN 4,494
SECTION 1724.01 OF THE REVISED CODE; 4,495
(3) A COMMUNITY-BASED ORGANIZATION OR ACTION GROUP THAT 4,497
PROVIDES SOCIAL SERVICES AND HAS EXPERIENCE IN ECONOMIC 4,498
DEVELOPMENT;
(4) ANY OTHER NONPROFIT ECONOMIC DEVELOPMENT ENTITY; 4,500
(5) A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION IF IT 4,502
DESIGNATES ITSELF. 4,503
(C) "ELIGIBLE AREA" MEANS A DISTRESSED AREA, A LABOR 4,505
SURPLUS AREA, AN INNER CITY AREA, OR A SITUATIONAL DISTRESS AREA, 4,506
AS DESIGNATED ANNUALLY BY THE DIRECTOR OF DEVELOPMENT UNDER 4,507
DIVISION (A) OF SECTION 122.21 OF THE REVISED CODE. 4,508
(D) "GOVERNING BODY" MEANS, IN THE CASE OF A COUNTY, THE 4,510
BOARD OF COUNTY COMMISSIONERS; IN THE CASE OF A MUNICIPAL 4,511
CORPORATION, THE LEGISLATIVE AUTHORITY; AND IN THE CASE OF A
TOWNSHIP, THE BOARD OF TOWNSHIP TRUSTEES. 4,512
(E) "INFRASTRUCTURE IMPROVEMENTS" INCLUDES SITE 4,514
PREPARATION, INCLUDING BUILDING DEMOLITION AND REMOVAL; RETENTION 4,515
PONDS AND FLOOD AND DRAINAGE IMPROVEMENTS; STREETS, ROADS,
BRIDGES, AND TRAFFIC CONTROL DEVICES; PARKING LOTS AND 4,516
FACILITIES; WATER AND SEWER LINES AND TREATMENT PLANTS; GAS, 4,517
ELECTRIC, AND TELECOMMUNICATIONS HOOK-UPS; AND WATERWAY AND 4,518
RAILWAY ACCESS IMPROVEMENTS. 4,519
(F) "INNER CITY AREA" MEANS, IN A MUNICIPAL CORPORATION 4,521
THAT HAS A POPULATION OF AT LEAST ONE HUNDRED THOUSAND AND DOES 4,522
NOT MEET THE CRITERIA OF A LABOR SURPLUS AREA OR A DISTRESSED
AREA, TARGETED INVESTMENT AREAS ESTABLISHED BY THE MUNICIPAL 4,523
CORPORATION WITHIN ITS BOUNDARIES THAT ARE COMPRISED OF THE MOST 4,524
RECENT CENSUS BLOCK TRACTS THAT INDIVIDUALLY HAVE AT LEAST TWENTY 4,525
108
PER CENT OF THEIR POPULATION AT OR BELOW THE STATE POVERTY LEVEL, 4,526
OR OTHER CENSUS BLOCK TRACTS CONTIGUOUS TO SUCH CENSUS BLOCK 4,527
TRACTS.
(G) "LABOR SURPLUS AREA" MEANS AN AREA DESIGNATED AS A 4,529
LABOR SURPLUS AREA BY THE UNITED STATES DEPARTMENT OF LABOR. 4,530
(H) "OFFICIAL POVERTY LINE" HAS THE SAME MEANING AS IN 4,532
DIVISION (A) OF SECTION 3923.51 OF THE REVISED CODE. 4,533
(I) "REDEVELOPMENT PLAN" MEANS A PLAN THAT INCLUDES ALL OF 4,535
THE FOLLOWING: A PLAT; A LAND USE DESCRIPTION; IDENTIFICATION OF 4,536
ALL UTILITIES AND INFRASTRUCTURE NEEDED TO DEVELOP THE PROPERTY,
INCLUDING STREET CONNECTIONS; HIGHWAY, RAIL, AIR, OR WATER 4,537
ACCESS; UTILITY CONNECTIONS; WATER AND SEWER TREATMENT 4,538
FACILITIES; STORM DRAINAGE; AND PARKING, AND ANY OTHER ELEMENTS 4,539
REQUIRED BY A RULE ADOPTED BY THE DIRECTOR OF DEVELOPMENT UNDER 4,540
DIVISION (B) OF SECTION 122.21 OF THE REVISED CODE. 4,541
(J) "SITUATIONAL DISTRESS AREA" MEANS A COUNTY OR A 4,543
MUNICIPAL CORPORATION THAT HAS EXPERIENCED OR IS EXPERIENCING A 4,544
CLOSING OR DOWNSIZING OF A MAJOR EMPLOYER THAT WILL ADVERSELY
AFFECT THE COUNTY'S OR MUNICIPAL CORPORATION'S ECONOMY. IN ORDER 4,545
TO BE DESIGNATED AS A SITUATIONAL DISTRESS AREA FOR A PERIOD NOT 4,546
TO EXCEED THIRTY-SIX MONTHS, THE COUNTY OR MUNICIPAL CORPORATION 4,547
MAY PETITION THE DIRECTOR OF DEVELOPMENT. THE PETITION SHALL 4,548
INCLUDE DOCUMENTATION THAT DEMONSTRATES ALL OF THE FOLLOWING: 4,549
(1) THE NUMBER OF JOBS LOST BY THE CLOSING OR DOWNSIZING; 4,551
(2) THE IMPACT THAT THE JOB LOSS HAS ON THE COUNTY'S OR 4,553
MUNICIPAL CORPORATION'S UNEMPLOYMENT RATE AS MEASURED BY THE OHIO 4,554
BUREAU OF EMPLOYMENT SERVICES; 4,555
(3) THE ANNUAL PAYROLL ASSOCIATED WITH THE JOB LOSS; 4,557
(4) THE AMOUNT OF STATE AND LOCAL TAXES ASSOCIATED WITH 4,559
THE JOB LOSS; 4,560
(5) THE IMPACT THAT THE CLOSING OR DOWNSIZING HAS ON THE 4,562
SUPPLIERS LOCATED IN THE COUNTY OR MUNICIPAL CORPORATION. 4,563
Sec. 122.20. (A) THE URBAN AND RURAL INITIATIVE GRANT 4,565
PROGRAM IS HEREBY CREATED TO PROMOTE ECONOMIC DEVELOPMENT AND 4,566
109
IMPROVE THE ECONOMIC WELFARE OF THE PEOPLE OF THE STATE, WHICH
SHALL BE ACCOMPLISHED BY THE DEPARTMENT OF DEVELOPMENT AWARDING 4,567
GRANTS TO ELIGIBLE APPLICANTS FOR USE IN AN ELIGIBLE AREA FOR ANY 4,568
OF THE FOLLOWING PURPOSES: 4,569
(1) LAND ACQUISITION; 4,571
(2) INFRASTRUCTURE IMPROVEMENTS; 4,573
(3) VOLUNTARY ACTIONS UNDERTAKEN ON PROPERTY ELIGIBLE FOR 4,575
THE VOLUNTARY ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE 4,577
REVISED CODE;
(4) RENOVATION OF EXISTING STRUCTURES. 4,579
(B) THE TOTAL AMOUNT OF GRANTS AWARDED UNDER THE PROGRAM 4,581
SHALL NOT EXCEED TWO MILLION DOLLARS. NO GRANT SHALL BE AWARDED 4,583
WITHOUT THE PRIOR APPROVAL OF THE CONTROLLING BOARD.
(C) AS A CONDITION OF RECEIVING A GRANT UNDER THIS 4,585
SECTION, AND EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 4,586
AN APPLICANT SHALL AGREE NOT TO PERMIT THE USE OF A SITE THAT IS 4,587
DEVELOPED OR IMPROVED WITH SUCH GRANT MONEYS TO CAUSE THE 4,589
RELOCATION OF JOBS TO THAT SITE FROM ELSEWHERE IN THIS STATE. 4,590
(D) A SITE DEVELOPED OR IMPROVED WITH GRANT MONEYS AWARDED 4,592
UNDER THIS SECTION MAY BE THE SITE OF JOBS RELOCATED FROM 4,593
ELSEWHERE IN THIS STATE IF THE DIRECTOR OF DEVELOPMENT DOES ALL 4,594
OF THE FOLLOWING: 4,595
(1) MAKES A WRITTEN DETERMINATION THAT THE SITE FROM WHICH 4,597
THE JOBS WOULD BE RELOCATED IS INADEQUATE TO MEET MARKET OR 4,598
INDUSTRY CONDITIONS, EXPANSION PLANS, CONSOLIDATION PLANS, OR 4,599
OTHER BUSINESS CONSIDERATIONS AFFECTING THE RELOCATING EMPLOYER; 4,600
(2) PROVIDES A COPY OF THE DETERMINATION REQUIRED BY 4,602
DIVISION (D)(1) OF THIS SECTION TO THE MEMBERS OF THE GENERAL 4,603
ASSEMBLY WHOSE LEGISLATIVE DISTRICTS INCLUDE THE SITE FROM WHICH 4,604
THE JOBS WOULD BE RELOCATED, AND TO THE JOINT LEGISLATIVE
COMMITTEE ON TAX INCENTIVES; 4,605
(3) DETERMINES THAT THE GOVERNING BODY OF THE AREA FROM 4,607
WHICH THE JOBS WOULD BE RELOCATED HAS BEEN NOTIFIED IN WRITING BY 4,608
THE RELOCATING COMPANY OF THE POSSIBLE RELOCATION. 4,609
110
(E) NO ELIGIBLE APPLICANT THAT RECEIVES FROM THE PROGRAM 4,611
ANY GRANT OF MONEY FOR LAND ACQUISITION, INFRASTRUCTURE 4,612
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR 4,613
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,614
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,616
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION
122.23 OF THE REVISED CODE SHALL USE THE MONEY TO COMPETE AGAINST 4,617
ANY EXISTING OHIO INDUSTRIAL PARKS. 4,618
(F) AN ELIGIBLE APPLICANT THAT RECEIVES A GRANT FROM THE 4,620
PROGRAM SHALL NOT BE PRECLUDED FROM BEING CONSIDERED FOR OR 4,621
PARTICIPATING IN OTHER FINANCIAL ASSISTANCE PROGRAMS OFFERED BY
THE DEPARTMENT OF DEVELOPMENT, THE OHIO ENVIRONMENTAL PROTECTION 4,622
AGENCY, OR THE OHIO WATER DEVELOPMENT AUTHORITY. 4,623
Sec. 122.21. IN ADMINISTERING THE URBAN AND RURAL 4,625
INITIATIVE GRANT PROGRAM CREATED UNDER SECTION 122.20 OF THE 4,626
REVISED CODE, THE DIRECTOR OF DEVELOPMENT SHALL DO ALL OF THE 4,627
FOLLOWING:
(A) ANNUALLY DESIGNATE, BY THE FIRST DAY OF JANUARY OF 4,629
EACH YEAR, THE ENTITIES THAT CONSTITUTE THE ELIGIBLE AREAS IN 4,631
THIS STATE;
(B) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 4,634
REVISED CODE ESTABLISHING PROCEDURES AND FORMS BY WHICH ELIGIBLE 4,636
APPLICANTS IN ELIGIBLE AREAS MAY APPLY FOR A GRANT, WHICH 4,637
PROCEDURES SHALL INCLUDE A REQUIREMENT THAT THE APPLICANT FILE A 4,638
REDEVELOPMENT PLAN; STANDARDS AND PROCEDURES FOR REVIEWING 4,639
APPLICATIONS AND AWARDING GRANTS; PROCEDURES FOR DISTRIBUTING 4,640
GRANTS TO RECIPIENTS; PROCEDURES FOR MONITORING THE USE OF GRANTS 4,641
BY RECIPIENTS; REQUIREMENTS, PROCEDURES, AND FORMS BY WHICH 4,642
RECIPIENTS WHO HAVE RECEIVED GRANTS SHALL REPORT THEIR USE OF 4,643
THAT ASSISTANCE; AND STANDARDS AND PROCEDURES FOR TERMINATING AND 4,644
REQUIRING REPAYMENT OF GRANTS IN THE EVENT OF THEIR IMPROPER USE. 4,645
THE RULES ADOPTED UNDER THIS DIVISION SHALL COMPLY WITH SECTIONS 4,646
122.19 TO 122.22 OF THE REVISED CODE AND SHALL INCLUDE A RULE 4,647
111
REQUIRING THAT AN ELIGIBLE APPLICANT WHO RECEIVES A GRANT FROM
THE PROGRAM PROVIDE A MATCHING CONTRIBUTION OF AT LEAST 4,648
TWENTY-FIVE PER CENT OF THE AMOUNT OF THE GRANT AWARDED TO THE
ELIGIBLE APPLICANT. 4,649
THE RULES SHALL REQUIRE THAT ANY ELIGIBLE APPLICANT FOR A 4,651
GRANT FOR LAND ACQUISITION DEMONSTRATE TO THE DIRECTOR THAT THE 4,652
PROPERTY TO BE ACQUIRED MEETS ALL STATE ENVIRONMENTAL 4,653
REQUIREMENTS AND THAT UTILITIES FOR THAT PROPERTY ARE AVAILABLE 4,654
AND ADEQUATE. THE RULES SHALL REQUIRE THAT ANY ELIGIBLE 4,655
APPLICANT FOR A GRANT FOR PROPERTY ELIGIBLE FOR THE VOLUNTARY 4,656
ACTION PROGRAM CREATED UNDER CHAPTER 3746. OF THE REVISED CODE 4,657
RECEIVE DISBURSEMENT OF GRANT MONEYS ONLY AFTER RECEIVING A 4,658
COVENANT NOT TO SUE FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION 4,659
UNDER SECTION 3746.12 OF THE REVISED CODE AND SHALL REQUIRE THAT 4,661
THOSE MONEYS BE DISBURSED ONLY AS REIMBURSEMENT OF ACTUAL
EXPENSES INCURRED IN THE UNDERTAKING OF THE VOLUNTARY ACTION. 4,662
THE RULES SHALL REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR 4,663
LAND ACQUISITION, INFRASTRUCTURE IMPROVEMENTS, OR RENOVATION OF 4,664
EXISTING STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE 4,665
FOR A DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL 4,666
DISTRESS AREA AS DEFINED IN SECTION 122.19 OF THE REVISED CODE 4,667
THAT ALSO IS A DISTRESSED AREA, LABOR SURPLUS AREA, OR 4,668
SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 122.23 OF THE 4,669
REVISED CODE, A SUBSTANTIAL PORTION OF THE SITE BE USED FOR 4,670
MANUFACTURING, DISTRIBUTION, HIGH TECHNOLOGY, RESEARCH AND 4,671
DEVELOPMENT, OR OTHER BUSINESSES IN WHICH A MAJORITY OF THE 4,672
PRODUCT OR SERVICE PRODUCED IS EXPORTED OUT OF THE STATE. ANY 4,673
RETAIL USE AT THE SITE SHALL NOT CONSTITUTE A PRIMARY USE BUT 4,674
ONLY A USE INCIDENTAL TO OTHER ELIGIBLE USES. THE RULES SHALL 4,675
REQUIRE THAT WHENEVER ANY MONEY IS GRANTED FOR LAND ACQUISITION, 4,676
INFRASTRUCTURE IMPROVEMENTS, AND RENOVATION OF EXISTING 4,677
STRUCTURES IN ORDER TO DEVELOP AN INDUSTRIAL PARK SITE FOR A 4,678
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,679
AS DEFINED IN SECTION 122.19 OF THE REVISED CODE THAT ALSO IS A 4,680
112
DISTRESSED AREA, LABOR SURPLUS AREA, OR SITUATIONAL DISTRESS AREA 4,681
AS DEFINED IN SECTION 122.23 OF THE REVISED CODE, THE APPLICANT 4,682
FOR THE GRANT SHALL VERIFY TO THE DEPARTMENT OF DEVELOPMENT THE 4,683
EXISTENCE OF A LOCAL ECONOMIC DEVELOPMENT PLANNING COMMITTEE IN A
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP WHOSE TERRITORY 4,684
INCLUDES THE ELIGIBLE AREA. THE COMMITTEE SHALL CONSIST OF 4,685
MEMBERS OF THE PUBLIC AND PRIVATE SECTORS WHO LIVE IN THAT 4,686
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP. THE LOCAL ECONOMIC 4,687
DEVELOPMENT PLANNING COMMITTEE SHALL PREPARE AND SUBMIT TO THE 4,688
DEPARTMENT A FIVE-YEAR ECONOMIC DEVELOPMENT PLAN FOR THAT 4,689
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP THAT IDENTIFIES, FOR 4,690
THE FIVE-YEAR PERIOD COVERED BY THE PLAN, THE ECONOMIC 4,691
DEVELOPMENT STRATEGIES OF A MUNICIPAL CORPORATION, COUNTY, OR 4,692
TOWNSHIP WHOSE TERRITORY INCLUDES THE PROPOSED INDUSTRIAL PARK 4,693
SITE. THE ECONOMIC DEVELOPMENT PLAN SHALL DESCRIBE IN DETAIL HOW 4,694
THE PROPOSED INDUSTRIAL PARK WOULD COMPLEMENT OTHER CURRENT OR 4,695
PLANNED ECONOMIC DEVELOPMENT PROGRAMS FOR THAT MUNICIPAL 4,696
CORPORATION, COUNTY, OR TOWNSHIP, INCLUDING, BUT NOT LIMITED TO, 4,697
WORKFORCE DEVELOPMENT INITIATIVES, BUSINESS RETENTION AND 4,698
EXPANSION EFFORTS, SMALL BUSINESS DEVELOPMENT PROGRAMS, AND 4,699
TECHNOLOGY MODERNIZATION PROGRAMS.
(C) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, 4,701
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF 4,702
THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY 4,703
OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE 4,704
PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL 4,705
INCLUDE THE TOTAL NUMBER OF GRANTS MADE THAT YEAR, AND, FOR EACH
INDIVIDUAL GRANT AWARDED, THE FOLLOWING: THE AMOUNT AND 4,706
RECIPIENT, THE ELIGIBLE APPLICANT, THE PURPOSE FOR AWARDING THE 4,707
GRANT, THE NUMBER OF FIRMS OR BUSINESSES OPERATING AT THE AWARDED 4,708
SITE, THE NUMBER OF EMPLOYEES EMPLOYED BY EACH FIRM OR BUSINESS, 4,709
ANY EXCESS CAPACITY AT AN INDUSTRIAL PARK SITE, AND ANY 4,710
ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,711
(D) INFORM LOCAL GOVERNMENTS AND OTHERS IN THE STATE OF 4,713
113
THE AVAILABILITY OF GRANTS UNDER SECTION 122.20 OF THE REVISED 4,714
CODE;
(E) ANNUALLY COMPILE, PURSUANT TO RULES ADOPTED BY THE 4,716
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH CHAPTER 119. OF THE 4,717
REVISED CODE, USING PERTINENT INFORMATION SUBMITTED BY ANY 4,718
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP, A LIST OF INDUSTRIAL
PARKS LOCATED IN THE STATE. THE LIST SHALL INCLUDE THE FOLLOWING 4,719
INFORMATION, EXPRESSED IF POSSIBLE IN TERMS SPECIFIED IN THE 4,720
DIRECTOR'S RULES ADOPTED UNDER THIS DIVISION: LOCATION OF EACH 4,721
INDUSTRIAL PARK SITE, TOTAL ACREAGE OF EACH PARK SITE, TOTAL 4,722
OCCUPANCY OF EACH PARK SITE, TOTAL CAPACITY FOR NEW BUSINESS AT 4,723
EACH PARK SITE, TOTAL CAPACITY OF EACH PARK SITE FOR SEWER, 4,724
WATER, AND ELECTRICITY, A CONTACT PERSON FOR EACH PARK SITE, AND 4,725
ANY ADDITIONAL INFORMATION THE DIRECTOR DECLARES TO BE RELEVANT. 4,726
ONCE THE LIST IS COMPILED, THE DIRECTOR SHALL MAKE IT AVAILABLE 4,727
TO THE GOVERNOR, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF 4,728
REPRESENTATIVES, AND MINORITY LEADERS OF THE SENATE AND THE HOUSE 4,729
OF REPRESENTATIVES. 4,730
Sec. 122.22. (A) IN ORDER TO BE ELIGIBLE FOR A GRANT 4,732
UNDER SECTION 122.20 OF THE REVISED CODE, THE APPLICANT SHALL 4,733
DEMONSTRATE BOTH OF THE FOLLOWING TO THE DIRECTOR OF DEVELOPMENT: 4,734
(1) THAT THE APPLICANT IS PROPOSING TO CARRY OUT THE 4,736
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE IN AN 4,737
ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,738
DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) OF SECTION 122.21 OF 4,739
THE REVISED CODE;
(2) THE APPLICANT'S CAPACITY TO UNDERTAKE AND OVERSEE THE 4,741
PROJECT, AS EVIDENCED BY DOCUMENTATION OF THE APPLICANT'S PAST 4,742
PERFORMANCE IN ECONOMIC DEVELOPMENT PROJECTS. 4,743
(B) IN ORDER FOR AN APPLICANT TO BE ELIGIBLE FOR A GRANT 4,745
UNDER SECTION 122.20 OF THE REVISED CODE, THE GOVERNING BODY OF 4,746
THE ENTITY THAT HAS BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE 4,747
DIRECTOR OF DEVELOPMENT IN ACCORDANCE WITH DIVISION (A) OF 4,748
SECTION 122.21 OF THE REVISED CODE SHALL, BY RESOLUTION OR 4,749
114
ORDINANCE, DO ALL OF THE FOLLOWING: 4,750
(1) DESIGNATE THE APPLICANT THAT WILL CARRY OUT THE 4,752
PURPOSES DESCRIBED IN SECTION 122.20 OF THE REVISED CODE AND THAT 4,753
QUALIFIES AS ONE OF THE FIVE CATEGORIES OF ELIGIBLE APPLICANT 4,754
LISTED IN DIVISION (B) OF SECTION 122.19 OF THE REVISED CODE; 4,755
(2) SPECIFY THE ELIGIBLE AREA'S FINANCIAL PARTICIPATION IN 4,757
THE PROJECT; 4,758
(3) INCLUDE A MARKETING STRATEGY TO BE UTILIZED IN 4,760
ADMINISTERING THE PROJECT THAT INCLUDES DETAILS USED IN PAST 4,761
SUCCESSFUL PROJECTS; 4,762
(4) IDENTIFY A MANAGEMENT PLAN FOR THE PROJECT. 4,764
(C) A GOVERNING BODY MAY DESIGNATE THE POLITICAL 4,766
SUBDIVISION IT GOVERNS TO BE AN ELIGIBLE APPLICANT. 4,767
(D) IN ORDER TO BE ELIGIBLE FOR A GRANT UNDER SECTION 4,769
122.20 OF THE REVISED CODE FOR LAND ACQUISITION, INFRASTRUCTURE 4,770
IMPROVEMENTS, OR RENOVATION OF EXISTING STRUCTURES IN ORDER TO 4,771
DEVELOP AN INDUSTRIAL PARK SITE FOR A DISTRESSED AREA, LABOR
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,772
122.19 OF THE REVISED CODE THAT ALSO IS A DISTRESSED AREA, LABOR 4,773
SURPLUS AREA, OR SITUATIONAL DISTRESS AREA AS DEFINED IN SECTION 4,774
122.23 OF THE REVISED CODE, AN APPLICANT MUST BE APPROVED AS A 4,775
GRANT APPLICANT BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF 4,776
EACH COUNTY CONTAINING ANY AREA THAT HAS BEEN DESIGNATED AS AN
ELIGIBLE AREA BY THE DIRECTOR OF DEVELOPMENT UNDER DIVISION (A) 4,777
OF SECTION 122.21 OF THE REVISED CODE AND WHOSE GOVERNING BODY 4,778
HAS DESIGNATED THE APPLICANT TO SEEK A GRANT FOR ANY OF THESE 4,779
PURPOSES ON BEHALF OF THE ELIGIBLE AREA. THE DIRECTOR SHALL 4,780
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 4,781
ESTABLISHING CRITERIA FOR THE LEGISLATIVE AUTHORITY TO USE IN 4,782
DETERMINING WHETHER TO APPROVE A QUALIFIED APPLICANT. 4,783
Sec. 122.71. As used in sections 122.71 to 122.83 of the 4,793
Revised Code:
(A) "Financial institution" means any banking corporation, 4,795
trust company, insurance company, savings and loan association, 4,796
115
building and loan association, or corporation, partnership, 4,797
federal lending agency, foundation, or other institution engaged 4,798
in lending or investing funds for industrial or business 4,799
purposes. 4,800
(B) "Project" means any real or personal property 4,802
connected with or being a part of an industrial, distribution, 4,803
commercial, or research facility to be acquired, constructed, 4,804
reconstructed, enlarged, improved, furnished, or equipped, or any 4,805
combination thereof, with the aid provided under sections 122.71 4,806
to 122.83 of the Revised Code, for industrial, commercial, 4,808
distribution, and research development of the state. 4,809
(C) "Mortgage" means the lien imposed on a project by a 4,811
mortgage on real property, or by financing statements on personal 4,812
property, or a combination of a mortgage and financing statements 4,813
when a project consists of both real and personal property. 4,814
(D) "Mortgagor" means the principal user of a project or 4,816
the person, corporation, partnership, or association 4,817
unconditionally guaranteeing performance by the principal user of 4,818
its obligations under the mortgage. 4,819
(E)(1) "Minority business enterprise" means an individual, 4,821
partnership, corporation, or joint venture of any kind that is 4,822
owned and controlled by United States citizens, WHO ARE residents 4,824
of Ohio THIS STATE OR NONRESIDENTS OF THIS STATE WHO HAVE A 4,825
SIGNIFICANT PRESENCE IN THIS STATE, AND who are members of one of 4,826
the following economically disadvantaged groups: Blacks, 4,828
American Indians, Hispanics, and Orientals. 4,829
(2) "Owned and controlled" means that at least fifty-one 4,831
per cent of the business, including corporate stock if a 4,832
corporation, is owned by persons who belong to one or more of the 4,833
groups set forth in division (E)(1) of this section, and that 4,834
such THOSE owners have control over the management and day-to-day 4,836
operations of the business and an interest in the capital, 4,837
assets, and profits and losses of the business proportionate to 4,838
their percentage of ownership. In order to qualify as a minority 4,839
116
business enterprise, a business shall have been owned and 4,840
controlled by such THOSE persons at least one year prior to being 4,842
awarded a contract pursuant to this section. 4,843
(F) "Community improvement corporation" means a 4,845
corporation organized under Chapter 1724. of the Revised Code. 4,846
(G) "Ohio development corporation" means a corporation 4,848
organized under Chapter 1726. of the Revised Code. 4,849
Sec. 122.75. THE DIRECTOR OF DEVELOPMENT SHALL, FOR THE 4,851
MINORITY BUSINESS DEVELOPMENT LOAN PROGRAM AND THE MINORITY 4,852
BUSINESS BONDING PROGRAM UNDER SECTIONS 122.87 TO 122.89 OF THE 4,854
REVISED CODE, DO ALL OF THE FOLLOWING:
(A) HIRE EMPLOYEES, CONSULTANTS, AND AGENTS AND FIX THEIR 4,856
COMPENSATION; 4,857
(B) ADOPT BYLAWS AND RULES FOR THE REGULATION OF THE 4,859
BUSINESS OF THE MINORITY DEVELOPMENT FINANCING ADVISORY BOARD; 4,860
(C) RECEIVE AND ACCEPT GRANTS, GIFTS, AND CONTRIBUTIONS OF 4,862
MONEY, PROPERTY, LABOR, AND OTHER THINGS OF VALUE, TO BE HELD, 4,863
USED, AND APPLIED ONLY FOR THE PURPOSE FOR WHICH THE GRANTS, 4,864
GIFTS, AND CONTRIBUTIONS ARE MADE, FROM INDIVIDUALS, PRIVATE AND 4,865
PUBLIC CORPORATIONS, THE UNITED STATES OR ANY AGENCY OF THE 4,867
UNITED STATES, THE STATE OR ANY AGENCY OF THE STATE, AND ANY 4,869
POLITICAL SUBDIVISION OF THE STATE. THE DIRECTOR MAY AGREE TO 4,870
REPAY ANY CONTRIBUTION OF MONEY OR TO RETURN ANY PROPERTY 4,872
CONTRIBUTED OR ITS VALUE AT SUCH TIMES, IN SUCH AMOUNTS, AND ON 4,873
SUCH TERMS AND CONDITIONS, EXCLUDING THE PAYMENT OF INTEREST, AS 4,874
THE DIRECTOR DETERMINES AT THE TIME THE CONTRIBUTION IS MADE. 4,875
THE DIRECTOR MAY EVIDENCE THE OBLIGATIONS BY WRITTEN CONTRACTS, 4,876
SUBJECT TO SECTION 122.76 OF THE REVISED CODE; PROVIDED, THAT THE 4,877
DIRECTOR SHALL NOT THEREBY INCUR INDEBTEDNESS OF OR IMPOSE 4,878
LIABILITY UPON THE STATE OR ANY POLITICAL SUBDIVISION. 4,879
(D) ESTABLISH FUNDS WITH THE TREASURER OF STATE IN 4,881
ADDITION TO THE MINORITY BUSINESS BONDING FUND CREATED UNDER 4,882
SECTION 122.88 OF THE REVISED CODE; 4,883
(E) INVEST MONEY IN THE FUNDS THE DIRECTOR ESTABLISHES 4,885
117
PURSUANT TO DIVISION (D) OF THIS SECTION THAT IS IN EXCESS OF 4,887
CURRENT NEEDS, IN NOTES, BONDS, OR OTHER OBLIGATIONS THAT ARE 4,888
DIRECT OBLIGATIONS OF OR ARE GUARANTEED BY THE UNITED STATES, OR 4,889
IN CERTIFICATES OF DEPOSIT OR WITHDRAWABLE ACCOUNTS OF BANKS, 4,891
TRUST COMPANIES, AND SAVINGS AND LOAN ASSOCIATIONS ORGANIZED 4,892
UNDER THE LAWS OF THIS STATE OR THE UNITED STATES, AND MAY CREDIT 4,894
THE INCOME OR SELL THE INVESTMENTS AT THE DIRECTOR'S DISCRETION; 4,896
(F) ACQUIRE ANY PROPERTY OF ANY KIND OR CHARACTER IN 4,898
ACCORDANCE WITH SECTIONS 122.71 TO 122.83 OF THE REVISED CODE, BY 4,900
PURCHASE, PURCHASE AT FORECLOSURE, OR EXCHANGE ON TERMS AND IN A 4,901
MANNER THE DIRECTOR CONSIDERS PROPER; 4,902
(G)(1) MAINTAIN, PROTECT, REPAIR, IMPROVE, AND INSURE ANY 4,905
PROPERTY THE DIRECTOR HAS ACQUIRED AND DISPOSE OF IT BY SALE, 4,906
EXCHANGE, OR LEASE FOR THE CONSIDERATION AND ON TERMS AND IN A 4,908
MANNER THE DIRECTOR CONSIDERS PROPER. THE DIRECTOR MAY NOT 4,909
OPERATE ANY PROPERTY AS A BUSINESS EXCEPT AS A LESSOR OF THE 4,910
PROPERTY. WHEN THE COST OF ANY CONTRACT FOR THE MAINTENANCE, 4,911
PROTECTION, REPAIR, OR IMPROVEMENT OF ANY PROPERTY OF THE 4,912
ADVISORY BOARD CONNECTED WITH THE MINORITY BUSINESS DEVELOPMENT 4,913
LOAN PROGRAM, OTHER THAN COMPENSATION FOR PERSONAL SERVICES, 4,914
INVOLVES AN EXPENDITURE OF MORE THAN ONE THOUSAND DOLLARS, THE 4,915
DIRECTOR SHALL ENTER INTO A WRITTEN CONTRACT WITH THE LOWEST AND 4,916
BEST BIDDER AFTER ADVERTISEMENT FOR NOT LESS THAN FOUR 4,917
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 4,918
COUNTY WHERE THE CONTRACT, OR SOME SUBSTANTIAL PART OF IT, IS TO 4,919
BE PERFORMED, AND IN OTHER PUBLICATIONS AS THE DIRECTOR 4,920
DETERMINES. THE NOTICE SHALL STATE THE GENERAL CHARACTER OF THE 4,921
WORK AND THE GENERAL CHARACTER OF THE MATERIALS TO BE FURNISHED, 4,922
THE PLACE WHERE PLANS AND SPECIFICATIONS FOR THE WORK AND 4,923
MATERIALS MAY BE EXAMINED, AND THE TIME AND PLACE OF RECEIVING 4,925
BIDS.
(2) EACH BID FOR A CONTRACT FOR THE CONSTRUCTION, 4,927
DEMOLITION, ALTERATION, REPAIR, OR RECONSTRUCTION OF AN 4,928
IMPROVEMENT SHALL CONTAIN THE FULL NAME OF EVERY PERSON 4,929
118
INTERESTED IN IT AND MEET THE REQUIREMENTS OF SECTION 153.54 OF 4,930
THE REVISED CODE. 4,931
(3) EACH BID FOR A CONTRACT, EXCEPT AS PROVIDED IN 4,933
DIVISION (G)(2) OF THIS SECTION, SHALL CONTAIN THE FULL NAME OF 4,935
EVERY PERSON INTERESTED IN IT AND SHALL BE ACCOMPANIED BY A BOND 4,936
OR CERTIFIED CHECK ON A SOLVENT BANK, IN THE AMOUNT OF TEN PER 4,937
CENT OF THE BID, THAT IF THE BID IS ACCEPTED A CONTRACT WILL BE 4,938
ENTERED INTO AND THE PERFORMANCE OF ITS PROPOSAL SECURED. THE 4,939
DIRECTOR MAY REJECT ANY OR ALL BIDS. A BOND WITH GOOD AND 4,940
SUFFICIENT SURETY, APPROVED BY THE DIRECTOR, SHALL BE REQUIRED OF 4,941
ALL CONTRACTORS IN AN AMOUNT EQUAL TO AT LEAST ONE HUNDRED PER 4,942
CENT OF THE CONTRACT PRICE, CONDITIONED UPON FAITHFUL PERFORMANCE 4,943
OF THE CONTRACT. 4,944
(H) EXPEND MONEY APPROPRIATED TO THE DEPARTMENT OF 4,946
DEVELOPMENT BY THE GENERAL ASSEMBLY FOR THE PURPOSES OF SECTIONS 4,947
122.71 TO 122.83 AND 122.87 TO 122.89 OF THE REVISED CODE; 4,948
(I) DO ALL ACTS AND THINGS NECESSARY OR PROPER TO CARRY 4,950
OUT THE POWERS EXPRESSLY GRANTED AND THE DUTIES IMPOSED IN 4,951
SECTIONS 122.71 TO 122.83 AND 122.87 TO 122.89 OF THE REVISED 4,953
CODE.
Sec. 122.75 122.751. The minority development financing 4,962
advisory board shall only consider an application for a loan from 4,964
any applicant after a certification by the equal employment 4,965
opportunity coordinator of the department of administrative 4,966
services under division (B)(1) of section 123.151 of the Revised 4,967
Code that the applicant is a minority business enterprise and
that the applicant satisfies all criteria regarding eligibility 4,968
for assistance pursuant to section 122.76 of the Revised Code. 4,969
Sec. 122.92. There is hereby created in the department of 4,978
development a minority business development division. The 4,979
division shall DO ALL OF THE FOLLOWING: 4,980
(A) Provide technical, managerial, and counseling services 4,982
and assistance to minority business enterprises; 4,983
(B) Provide procurement and bid packaging assistance to 4,985
119
minority business enterprises; 4,986
(C) Provide bonding technical assistance to minority 4,988
business enterprises; 4,989
(D) Participate with other state departments and agencies 4,991
as appropriate in developing specific plans and specific program 4,992
goals for programs to assist in the establishment and development 4,993
of minority business enterprises and establish regular 4,994
performance monitoring and reporting systems to ensure that those 4,995
goals are being achieved; 4,996
(E) Implement state law and policy supporting minority 4,998
business enterprise development, and assist in the coordination 4,999
of plans, programs, and operations of state government which 5,000
affect or may contribute to the establishment, preservation, and 5,001
strengthening of minority business enterprises; 5,002
(F) Assist in the coordination of activities and resources 5,004
of state agencies and local governments, business and trade 5,005
associations, universities, foundations, professional 5,006
organizations, and volunteer and other groups, to promote the 5,007
growth of minority business enterprises; 5,008
(G) Establish a center for the development, collection, 5,010
and dissemination of information that will be helpful to persons 5,011
in establishing or expanding minority business enterprises in 5,012
Ohio THIS STATE; 5,013
(H) Design, implement, and assist in experimental and 5,015
demonstration projects designed to overcome the special problems 5,016
of minority business enterprises; 5,017
(I) Coordinate reviews of all proposed state training and 5,019
technical assistance activities in direct support of minority 5,020
business enterprise programs to ensure consistency with program 5,021
goals and to preclude duplication of efforts by other state 5,022
agencies; 5,023
(J) Recommend appropriate legislative or executive actions 5,025
to enhance minority business opportunities in the state; 5,026
(K) Assist minority business enterprises in obtaining 5,028
120
governmental or commercial financing for business expansion, 5,029
establishment of new businesses, or industrial development 5,030
projects; 5,031
(L) Assist minority business enterprises in contract 5,033
procurement from government and commercial sources; 5,034
(M) Establish procedures to identify groups who have been 5,036
disadvantaged because of racial, cultural, or ethnic 5,037
circumstances without regard to the individual qualities of the 5,038
members of the group; 5,039
(N) Establish procedures to identify persons who have been 5,041
economically disadvantaged; 5,042
(O) Accept and review applications for loans pursuant to 5,044
sections 122.71 to 122.83 of the Revised Code received to 5,045
determine whether the applicants are minority business 5,046
enterprises and whether the applicants have satisfied all other 5,047
rules of the director of development and the minority financing 5,049
commission regarding eligibility. The division shall transmit 5,050
its findings to the minority development financing commission for 5,052
that commission's review of the loan application and 5,053
recommendations to the director of development. 5,054
(P) Do all acts and things necessary or proper to carry 5,056
out the powers expressly granted and duties imposed by sections 5,057
122.92 to 122.94 of the Revised Code. 5,058
Sec. 124.04. In addition to those powers enumerated in 5,067
Chapters 123. and 125. of the Revised Code and as provided 5,068
elsewhere by law, the powers, duties, and functions of the 5,069
department of administrative services not specifically vested in 5,070
and assigned to, or to be performed by, the state personnel board 5,071
of review are hereby vested in and assigned to, and shall be 5,072
performed by, the director of administrative services. These 5,074
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 5,075
(A) To prepare, conduct, and grade all competitive 5,077
examinations for positions in the classified state service; 5,078
121
(B) To prepare, conduct, and grade all noncompetitive 5,080
examinations for positions in the classified state service; 5,081
(C) To prepare eligible lists containing the names of 5,083
persons qualified for appointment to positions in the classified 5,084
state service; 5,085
(D) To prepare or amend, in accordance with section 124.14 5,087
of the Revised Code, specifications descriptive of duties, 5,088
responsibilities, requirements, and desirable qualifications of 5,089
the various classifications of positions in the state service; 5,090
(E) To allocate and reallocate, upon the motion of the 5,093
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 5,094
office, or employment in the state service to the appropriate 5,095
classification on the basis of the duties, responsibilities, 5,096
requirements, and qualifications of such position, office, or 5,097
employment;
(F) To develop and conduct personnel recruitment services 5,099
for positions in the state service; 5,100
(G) To conduct research on specifications, 5,102
classifications, and salaries of positions in the state service; 5,103
(H) To develop and conduct personnel training programs in 5,105
cooperation with appointing authorities; 5,106
(I) To enter into agreements with universities and 5,108
colleges for in-service training of personnel in the state CIVIL 5,110
service; 5,111
(J) To appoint such examiners, inspectors, clerks, and 5,113
other assistants as are necessary in the exercise of the powers 5,114
and performance of the duties and functions which the director is 5,115
by law authorized and required to exercise and perform and to 5,116
prescribe the duties of all such employees; 5,117
(K) To maintain a journal, which shall be open to public 5,119
inspection, in which the director shall keep a record of the 5,121
director's final decision pertaining to the classification or 5,122
reclassification of positions in the state classified service and 5,123
122
assignment or reassignment of employees in the state classified 5,124
service to specific position classifications; 5,125
(L) To delegate any of the powers, functions, or duties 5,127
granted or assigned to the director under this chapter to any 5,128
other state agency of this state as the director considers 5,129
necessary; 5,130
(M) To delegate any of the powers, functions, or duties 5,132
granted or assigned to the director under this chapter to any 5,133
political subdivision with the concurrence of the legislative 5,134
authority of the political subdivision. 5,135
Sec. 124.07. The director of administrative services shall 5,144
appoint such examiners, inspectors, clerks, and other assistants 5,145
as are necessary to carry out sections 124.01 to 124.64 of the 5,146
Revised Code. The director may designate persons in or out of 5,147
the official service of the state to serve as examiners or 5,148
assistants under his THE DIRECTOR'S direction. An examiner or 5,149
assistant shall receive such compensation for each day actually 5,151
and necessarily spent in the discharge of his duties as AN 5,152
examiner or assistant as is determined by the director; provided, 5,154
that if any such examiner or assistant is in the official service 5,155
of the state, or any political subdivision thereof OF THE STATE, 5,156
it shall be a part of his THE EXAMINER'S OR ASSISTANT'S official 5,158
duties to render such services in connection with such 5,159
examination without extra compensation.
Each state agency and state-supported college and 5,161
university shall pay the cost of the services and facilities 5,162
furnished to it by the department of administrative services that 5,163
are necessary to provide and maintain payroll services as 5,164
prescribed in section 125.21 of the Revised Code and state merit 5,165
standards as prescribed in sections 124.01 to 124.64 of the 5,166
Revised Code for the agency, college, or university. If a 5,167
municipal corporation chooses to use the services and facilities 5,168
furnished by the department that are necessary to provide and 5,169
maintain the standards so prescribed, the municipal corporation 5,170
123
shall pay the cost of the services and facilities that the 5,171
department furnishes to it. Such charges against a state agency, 5,172
state college or university, or municipal corporation shall be 5,173
computed on a reasonable cost basis in accordance with procedures 5,174
prescribed by the director of budget and management. Any moneys 5,175
the department of administrative services receives from any such 5,176
state agency, college, university, or municipal corporation which 5,177
are in excess of the amount necessary to pay the cost of 5,178
furnishing such services and facilities during any fiscal year 5,179
shall be either refunded to or credited for the ensuing fiscal 5,180
year to the state agency, college, university, or municipal 5,181
corporation that contributed the excess moneys. 5,182
The director of administrative services may enter into an 5,184
agreement with any municipal corporation or other political 5,185
subdivision to furnish services and facilities of the department 5,186
of administrative services in the administration of its merit 5,187
program. Such agreement shall provide that the department of 5,188
administrative services shall be reimbursed for the reasonable 5,189
costs of such services and facilities as determined by the 5,190
director of administrative services. 5,191
All moneys received by the department of administrative 5,193
services as reimbursement for payroll and merit program services 5,194
performed and facilities furnished shall be paid into the state 5,195
treasury to the credit of the personnel HUMAN RESOURCES services 5,196
fund, which is hereby created. 5,198
In counties of the state in which are located cities having 5,200
municipal civil service commissions, the director may designate 5,201
the municipal civil service commission of the largest city within 5,202
such county as his THE DIRECTOR'S agent for the purpose of 5,203
carrying out such provisions of sections 124.01 to 124.64 of the 5,205
Revised Code, within such counties, as the director designates. 5,206
Each municipal civil service commission designated as agent of 5,207
the director shall, at the end of each month, render an itemized 5,208
statement to the director of the cost incurred by such commission 5,209
124
for work done as agent of the director, and the director shall, 5,210
after approving such statement, pay the total amount thereof OF 5,211
IT to the treasurer of such municipal corporation in the same 5,213
manner as other expenses of the department of administrative 5,214
services.
The director, examiners, inspectors, clerks, and assistants 5,216
shall, in addition to their salaries, receive reimbursement for 5,217
such necessary traveling and other expenses as are incurred in 5,218
the actual discharge of their official duties. The director may 5,219
also incur the necessary expenses for stationery, printing, and 5,220
other supplies incident to the business of the department of 5,221
administrative services. 5,222
Sec. 124.181. (A) Except as provided in division (M) of 5,231
this section, any employee paid under schedule B of section 5,233
124.15 or under schedule E-1 of section 124.152 of the Revised 5,234
Code is eligible for the pay supplements provided herein IN THIS 5,235
SECTION upon application by the appointing authority 5,236
substantiating the employee's qualifications for the supplement 5,237
and with the approval of the director of administrative services 5,238
except as provided in division (E) of this section. 5,239
(B) In computing any of the pay supplements provided in 5,241
this section, the classification salary base shall be the minimum 5,242
hourly rate of the pay range, provided in section 124.15 or 5,243
124.152 of the Revised Code, in which the employee is assigned at 5,244
the time of computation. 5,245
(C) The effective date of any pay supplement, unless 5,247
otherwise provided herein IN THIS SECTION, shall be determined by 5,249
the director. 5,250
(D) The director shall, by rule, establish standards 5,252
regarding the administration of this section. 5,253
(E) Except as otherwise provided in this division, 5,255
beginning on the first day of the pay period within which the 5,256
employee completes five years of total service with the state 5,257
government or any of its political subdivisions, each employee in 5,258
125
positions paid under salary schedule B of section 124.15 or under 5,261
salary schedule E-1 of section 124.152 of the Revised Code shall 5,262
receive an automatic salary adjustment equivalent to two and 5,263
one-half per cent of the classification salary base, to the 5,264
nearest whole cent. Each employee shall receive thereafter an 5,265
annual adjustment equivalent to one-half of one per cent of the 5,266
employee's classification salary base, to the nearest whole cent, 5,267
for each additional year of qualified employment until a maximum 5,268
of ten per cent of the employee's classification salary base is 5,269
reached. The granting of longevity adjustments shall not be 5,270
affected by promotion, demotion, or other changes in 5,271
classification held by the employee, nor by any change in pay 5,272
range for the employee's class. Longevity pay adjustments shall 5,274
become effective at the beginning of the pay period within which 5,275
the employee completes the necessary length of service, except 5,277
that when an employee requests credit for prior service, the 5,278
effective date of the prior service credit and of any longevity 5,279
adjustment shall be the first day of the pay period following 5,280
approval of the credit by the director of administrative 5,281
services. No employee, other than an employee who submits proof 5,282
of prior service within ninety days after the date of the 5,283
employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service 5,284
credit. Time spent on authorized leave of absence shall be 5,285
counted for this purpose. 5,286
An employee who has retired in accordance with the 5,288
provisions of any retirement system offered by the state and who 5,289
is employed by the state or any political subdivision of the 5,290
state on or after June 24, 1987, shall not have prior service 5,291
with the state or any political subdivision of the state counted 5,292
for the purpose of determining the amount of the salary 5,293
adjustment provided under this division. 5,294
(F) When an exceptional condition exists that creates a 5,296
temporary or a permanent hazard for one or more positions in a 5,297
126
class paid under schedule B of section 124.15 or under salary 5,299
schedule E-1 of section 124.152 of the Revised Code, a special 5,301
hazard salary adjustment may be granted for the time the employee 5,302
is subjected to the hazardous condition. All special hazard 5,303
conditions shall be identified for each position and incidence 5,304
from information submitted to the director on an appropriate form 5,305
provided by the director and categorized into standard conditions 5,306
of: some unusual hazard not common to the class; considerable 5,307
unusual hazard not common to the class; and exceptional hazard 5,308
not common to the class.
(1) A hazardous salary adjustment of five per cent of the 5,310
employee's classification salary base may be applied in the case 5,311
of some unusual hazardous condition not common to the class for 5,312
those hours worked, or a fraction thereof, while the employee was 5,313
subject to the unusual hazard condition. 5,314
(2) A hazardous salary adjustment of seven and one-half 5,316
per cent of the employee's classification salary base may be 5,317
applied in the case of some considerable hazardous condition not 5,318
common to the class for those hours worked, or a fraction 5,319
thereof, while the employee was subject to the considerable 5,320
hazard condition. 5,321
(3) A hazardous salary adjustment of ten per cent of the 5,323
employee's classification salary base may be applied in the case 5,324
of some exceptional hazardous condition not common to the class 5,325
for those hours WORKED, or a fraction thereof, when the employee 5,326
was subject to the exceptional hazard condition. 5,327
(4) Each claim for temporary hazard pay shall be submitted 5,329
as a separate payment and shall be subject to an administrative 5,330
audit by the director as to the extent and duration of the 5,331
employee's exposure to the hazardous condition. 5,332
(G) When a full-time employee whose salary or wage is paid 5,334
directly by warrant of the auditor of state and who also is 5,335
eligible for overtime under the "Fair Labor Standards Act of 5,337
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is 5,338
127
ordered by the appointing authority to report back to work after 5,339
termination of the employee's regular work schedule and the 5,340
employee reports, the employee shall be paid for such time. The 5,342
employee shall be entitled to four hours at the employee's total 5,343
rate of pay or overtime compensation for the actual hours worked, 5,344
whichever is greater. This division does not apply to work that 5,346
is a continuation of or immediately preceding an employee's 5,347
regular work schedule.
(H) When a certain position or positions paid under 5,349
schedule B of section 124.15 or under salary schedule E-1 of 5,351
section 124.152 of the Revised Code require the ability to speak 5,352
or write a language other than English, a special pay supplement 5,353
may be granted to attract bilingual individuals, to encourage 5,354
present employees to become proficient in other languages, or to 5,355
retain qualified bilingual employees. The bilingual pay 5,356
supplement provided herein IN THIS DIVISION may be granted in the 5,357
amount of five per cent of the employee's classification salary 5,359
base for each required foreign language and shall remain in 5,360
effect as long as the bilingual requirement exists. 5,361
(I) The director may establish a shift differential for 5,363
employees. Such differential shall be paid to employees in 5,364
positions working in other than the regular or first shift. In 5,365
those divisions or agencies where only one shift prevails, no 5,366
shift differential shall be paid regardless of the hours of the 5,367
day that are worked. The director and the appointing authority 5,368
shall designate which positions shall be covered by this section 5,369
DIVISION. 5,370
(J) Whenever an employee is assigned to work in a higher 5,372
level position for a continuous period of more than two weeks but 5,373
no more than two years because of a vacancy, the employee's pay 5,375
may be established at a rate that is approximately four per cent 5,376
above the employee's current base rate for the period the
employee occupies the position, provided that this temporary 5,377
occupancy is approved by the director. Employees paid under this 5,380
128
provision DIVISION shall continue to receive any of the pay 5,382
supplements due them under provisions OTHER DIVISIONS of this 5,384
section based on the step one base rate for their normal
classification. 5,385
(K) If a certain position, or positions, within a class 5,387
paid under schedule B of section 124.15 or under salary schedule 5,389
E-1 of section 124.152 of the Revised Code are mandated by state 5,390
or federal law or regulation or other regulatory agency or other 5,391
certification authority to have special technical certification, 5,392
registration, or licensing to perform the functions which are 5,393
under the mandate, a special professional achievement pay 5,394
supplement may be granted. This special professional achievement 5,395
pay supplement shall not be granted when all incumbents in all 5,396
positions in a class require license as provided in the 5,397
classification description published by the department of 5,398
administrative services; to licensees where no special or 5,399
extensive training is required; when certification is granted 5,400
upon completion of a stipulated term of in-service training; when 5,401
an appointing authority has required certification; or any other 5,402
condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to 5,404
the requirement must be provided by the agency for each position 5,405
involved, and certification MUST BE received from the director as 5,407
to the director's concurrence for each of the positions so 5,408
affected.
(2) The professional achievement pay supplement provided 5,410
herein IN THIS DIVISION shall be granted in an amount up to ten 5,411
per cent of the employee's classification salary base and shall 5,413
remain in effect as long as the mandate exists. 5,414
(L) Those employees assigned to teaching supervisory, 5,416
principal, assistant principal, or superintendent positions who 5,417
have attained a higher educational level than a basic bachelor's 5,418
degree may receive an educational pay supplement to remain in 5,419
effect as long as the employee's assignment and classification 5,420
129
remain the same. 5,421
(1) An educational pay supplement of two and one-half per 5,423
cent of the employee's classification salary base may be applied 5,424
upon the achievement of a bachelor's degree plus twenty quarter 5,425
hours of postgraduate work. 5,426
(2) An educational pay supplement of an additional five 5,428
per cent of the employee's classification salary base may be 5,429
applied upon achievement of a master's degree. 5,430
(3) An educational pay supplement of an additional two and 5,432
one-half per cent of the employee's classification salary base 5,433
may be applied upon achievement of a master's degree plus thirty 5,434
quarter hours of postgraduate work. 5,435
(4) An educational pay supplement of five per cent of the 5,437
employee's classification salary base may be applied when the 5,438
employee is performing as a master teacher. 5,439
(5) An educational pay supplement of five per cent of the 5,441
employee's classification salary base may be applied when the 5,442
employee is performing as a special education teacher. 5,443
(6) Those employees in teaching supervisory, principal, 5,445
assistant principal, or superintendent positions who are 5,446
responsible for specific extracurricular activity programs shall 5,447
receive overtime pay for those hours worked in excess of their 5,448
normal schedule, at their straight time hourly rate up to a 5,449
maximum of five per cent of their regular base salary in any 5,450
calendar year. 5,451
(M)(1) A state agency, board, or commission may establish 5,453
a supplementary compensation schedule for those licensed 5,454
physicians employed by the agency, board, or commission in 5,455
positions requiring a licensed physician. The supplementary 5,456
compensation schedule, together with the compensation otherwise 5,457
authorized by this chapter, shall provide for the total 5,458
compensation for these employees to range appropriately, but not 5,459
necessarily uniformly, for each classification title requiring a 5,460
licensed physician, in accordance with a schedule approved by the 5,461
130
state controlling board. The individual salary levels 5,462
recommended for each such physician employed shall be approved by 5,463
the director. Notwithstanding section 124.11 of the Revised 5,464
Code, such personnel are in the unclassified civil service. 5,465
(2) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY APPROVE 5,467
SUPPLEMENTARY COMPENSATION FOR THE DIRECTOR OF HEALTH, IF THE 5,468
DIRECTOR IS A LICENSED PHYSICIAN, IN ACCORDANCE WITH A 5,469
SUPPLEMENTARY COMPENSATION SCHEDULE APPROVED UNDER DIVISION 5,470
(M)(1) OF THIS SECTION OR IN ACCORDANCE WITH ANOTHER 5,471
SUPPLEMENTARY COMPENSATION SCHEDULE THE DIRECTOR OF
ADMINISTRATIVE SERVICES CONSIDERS APPROPRIATE. THE 5,472
SUPPLEMENTARY COMPENSATION SHALL NOT EXCEED TWENTY PER CENT OF 5,473
THE DIRECTOR OF HEALTH'S BASE RATE OF PAY.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 5,475
117.36, 117.42, and 131.02 of the Revised Code, the state shall 5,477
not institute any civil action to recover and shall not seek 5,478
reimbursement for overpayments made in violation of division (E) 5,479
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 5,480
October 31, 1993. 5,481
(O) Employees of the office of the treasurer of state who 5,483
are exempt from collective bargaining coverage may be granted a 5,484
merit pay supplement of up to one and one-half per cent of their 5,485
step rate. The rate at which this supplement is granted shall be 5,486
based on performance standards established by the treasurer of 5,487
state. Any supplements granted under this division shall be 5,488
administered on an annual basis.
Sec. 125.023. During the period of an emergency as defined 5,497
in section 5502.21 of the Revised Code, the department of 5,498
administrative services may suspend, with regard to the emergency 5,499
management agency established in section 5502.22 of the Revised 5,500
Code or any other state agency participating in recovery 5,501
activities as defined in section 5502.21 of the Revised Code, the 5,502
purchasing and contracting requirements contained in sections 5,504
131
125.02 to 125.111 of the Revised Code and any of the requirements 5,505
of Chapter 153. of the Revised Code that otherwise would apply to 5,506
the agency. The director of public safety or the deputy 5,507
EXECUTIVE director of the emergency management agency shall make 5,509
the request for the suspension of these requirements to the
department of administrative services concurrently with the 5,511
request to the governor or the president of the United States for 5,512
the declaration of an emergency. The governor also shall include 5,513
in any proclamation the governor issues declaring an emergency 5,514
language requesting the suspension of those requirements during 5,515
the period of the emergency. 5,516
Sec. 125.04. (A) Except as provided in division (D) of 5,526
this section, the department of administrative services shall 5,527
determine what supplies and services are purchased by or for 5,528
state agencies. Whenever the department of administrative 5,529
services makes any change or addition to the lists of supplies 5,530
and services that it determines to purchase for state agencies, 5,531
it shall provide a list to the agencies of the changes or 5,532
additions and indicate when the department will be prepared to 5,533
furnish each item listed. Except for the requirements of 5,534
division (B) of section 125.11 of the Revised Code, sections 5,535
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 5,536
apply to or affect the educational institutions of the state. 5,537
The department shall not include the bureau of workers' 5,538
compensation in the lists of supplies, equipment, and services 5,539
purchased and furnished by the department. 5,540
Nothing in this division precludes the bureau from entering 5,542
into a contract with the department for the department to perform 5,543
services relative to supplies, equipment, and services contained 5,544
in this division for the bureau. 5,545
(B) As used in this division, "political subdivision" 5,547
means any county, township, municipal corporation, school 5,548
district, conservancy district, township park district, park 5,549
district created under Chapter 1545. of the Revised Code, 5,550
132
regional transit authority, regional airport authority, regional 5,551
water and sewer district, or port authority. "Political 5,552
subdivision" also includes any other political subdivision 5,553
described in the Revised Code that has been approved by the 5,554
department to participate in the department's contracts under
this division. 5,555
Subject to division (C) of this section, the department of 5,558
administrative services may permit a political subdivision to 5,559
participate in contracts into which the department has entered 5,560
for the purchase of supplies and services. Any political 5,561
subdivision desiring to participate in such THOSE purchase 5,562
contracts shall file with the department a certified copy of an 5,564
ordinance or resolution of the legislative authority or governing 5,565
board of the political subdivision. The resolution or ordinance 5,566
shall request that the political subdivision be authorized to 5,567
participate in such THOSE contracts and shall agree that the 5,568
political subdivision will be bound by such THE terms and 5,570
conditions as the department prescribes and that it will directly 5,572
pay the vendor under each purchase contract. The department may 5,573
charge a political subdivision a reasonable fee to cover the 5,574
administrative costs the department incurs as a result of the 5,575
subdivision's participation in the purchase contract. Purchases 5,576
made by a political subdivision under this division are exempt 5,577
from any competitive selection procedures otherwise required by 5,578
law. No political subdivision shall make any purchase under this 5,579
division when bids have been received for such THE purchase by 5,580
the subdivision, unless such THE purchase can be made upon the 5,581
same terms, conditions, and specifications at a lower price under 5,582
this division. 5,583
The department shall include in its annual report an 5,585
estimate of the cost it incurs by permitting political 5,586
subdivisions to participate in contracts pursuant to this 5,587
division. The department may require political subdivisions 5,588
participating in contracts pursuant to this division to file a 5,589
133
report with the department, as often as it finds necessary, 5,590
stating how many such OF THOSE contracts the political 5,591
subdivisions participate in within a specified period of time, 5,593
and any other information the department requires. 5,594
(C) A political subdivision as defined in division (B) of 5,596
this section may purchase supplies or services from another 5,598
party, including another political subdivision, instead of
through participation in contracts described in division (B) of 5,600
this section if the political subdivision can purchase those 5,601
supplies or services from the other party upon equivalent terms, 5,602
conditions, and specifications but at a lower price than it can 5,603
through those contracts. Purchases that a political subdivision 5,604
makes under this division are exempt from any competitive 5,605
selection procedures otherwise required by law. A political 5,606
subdivision that makes any purchase under this division shall 5,607
maintain sufficient information regarding the purchase to verify 5,609
that the political subdivision satisfied the conditions for 5,610
making a purchase under this division. Nothing in this division 5,611
restricts any action taken by a county or township as authorized 5,613
by division (A) of section 9.48 of the Revised Code. 5,614
(D) This section does not apply to supplies or services 5,616
required by the legislative or judicial branches, boards of 5,617
elections, the capitol square review and advisory board, OR the 5,618
adjutant general, to supplies or services purchased by a state 5,619
agency directly as provided in division (A) or (E) of section 5,620
125.05 of the Revised Code, to purchases of supplies or services 5,622
for the emergency management agency as provided in section 5,623
125.023 of the Revised Code, TO PURCHASES OF SUPPLIES OR SERVICES 5,624
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE 5,625
NORTHWEST OHIO CLOSE SECURITY PRISON AS PROVIDED IN DIVISION (B) 5,626
OF SECTION 5145.19 OF THE REVISED CODE, or to purchases of 5,627
supplies or services for the department of rehabilitation and 5,628
correction in its operation of the program for the employment of 5,629
prisoners established under section 5145.16 of the Revised Code 5,630
134
that shall be made pursuant to rules adopted by the director of 5,631
administrative services and the director of rehabilitation and 5,632
correction in accordance with Chapter 119. of the Revised Code. 5,633
The rules may provide for the exemption of the program for the 5,634
employment of prisoners from the requirements of division (A) of 5,635
this section.
Sec. 125.111. (A) Every contract for or on behalf of the 5,646
state or any of its political subdivisions for any purchase shall 5,647
contain provisions similar to those required by section 153.59 of 5,648
the Revised Code in the case of construction contracts by which 5,649
the contractor agrees to both of the following: 5,650
(1) That, in the hiring of employees for the performance 5,652
of work under the contract or any subcontract, no contractor or 5,653
subcontractor shall, by reason of race, color, religion, sex, 5,654
age, handicap, national origin, or ancestry, discriminate against 5,655
any citizen of this state in the employment of a person qualified 5,656
and available to perform the work to which the contract relates; 5,657
(2) That no contractor, subcontractor, or any person 5,659
acting on behalf of any contractor or subcontractor shall, in any 5,660
manner, discriminate against, intimidate, or retaliate against 5,661
any employee hired for the performance of work under the contract 5,662
on account of race, color, religion, sex, age, handicap, national 5,663
origin, or ancestry. 5,664
(B) All contractors from whom the state or any of its 5,666
political subdivisions make purchases shall have a written 5,667
affirmative action program for the employment and effective 5,668
utilization of economically disadvantaged persons, as defined 5,669
REFERRED TO in DIVISION (E)(1) OF section 122.71 of the Revised 5,671
Code. Annually, each such contractor shall file a description of 5,673
the affirmative action program and a progress report on its 5,674
implementation with the Ohio civil rights commission and the 5,676
minority business development office established under section 5,677
122.92 of the Revised Code EQUAL EMPLOYMENT OPPORTUNITY OFFICE OF 5,678
THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 5,679
135
Sec. 125.15. All state agencies required to secure any 5,689
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 5,690
make acquisition in the manner and upon forms prescribed by the 5,691
director of administrative services and shall reimburse the 5,692
department for the equipment, materials, supplies, services, or 5,693
contracts of insurance, including a reasonable sum to cover the 5,694
department's administrative costs, wherever WHENEVER 5,695
reimbursement is required by the department. The money so paid 5,696
shall be deposited in the state treasury to the credit of the 5,697
general services fund, computer services fund, or 5,699
telecommunication THE INFORMATION TECHNOLOGY fund, as 5,700
appropriate. Such funds are hereby created. 5,701
Sec. 125.28. Each state agency that is supported in whole 5,710
or in part by nongeneral revenue fund money and that occupies 5,711
space in the James A. Rhodes or Frank J. Lausche state office 5,712
tower, Toledo government center, Senator Oliver R. Ocasek 5,713
government office building, Vern Riffe center for government and 5,714
the arts, state of Ohio computer center, capitol square, or 5,715
governor's mansion shall reimburse the general revenue fund for 5,716
the cost of occupying such THE space in the ratio that the 5,717
occupied space in each facility attributable to such money bears 5,719
to the total space occupied by the state agency in the facility. 5,720
All agencies that occupy space in the old blind school, OR 5,723
the Ohio departments building, or THAT OCCUPY WAREHOUSE SPACE IN 5,724
the general services facility shall reimburse the department for 5,726
the cost of occupying such THE space. The director of 5,728
administrative services shall determine the amount of debt 5,729
service, if any, to be charged to building tenants and shall 5,730
collect reimbursements therefor FOR IT. 5,731
Each agency that is supported in whole or in part by 5,733
nongeneral revenue fund money and that occupies space in any 5,734
other facility or facilities owned and maintained by the 5,735
department of administrative services OR SPACE IN THE GENERAL 5,736
136
SERVICES FACILITY OTHER THAN WAREHOUSE SPACE shall reimburse the 5,737
department for the cost of occupying such THE space, including 5,738
debt service, if any, in the ratio that the occupied space in 5,740
each facility attributable to such money bears to the total space 5,741
occupied by the state agency in the facility. 5,742
The director of administrative services may provide 5,744
building maintenance services AND SKILLED TRADES SERVICES to any 5,745
state agency occupying space in a facility THAT IS not owned by 5,747
the department of administrative services and MAY collect 5,748
reimbursements for the cost of providing such services. 5,749
All money collected by the department for operating 5,752
expenses of facilities owned or maintained by the department 5,753
shall be deposited into the state treasury to the credit of the 5,754
facilities BUILDING management fund, which is hereby created. 5,756
ALL MONEY COLLECTED BY THE DEPARTMENT FOR SKILLED TRADES SERVICES 5,757
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE
SKILLED TRADES FUND, WHICH IS HEREBY CREATED. All money 5,758
collected for debt service shall be deposited into the general 5,760
revenue fund.
The director of administrative services shall determine the 5,762
reimbursable cost of space in state-owned or state-leased 5,764
facilities and shall collect reimbursements therefor FOR THAT 5,765
COST.
Sec. 126.12. (A) The office of budget and management 5,774
shall prepare and administer a statewide indirect cost allocation 5,776
plan that provides for the recovery of statewide indirect costs 5,777
from any fund of the state. The director of budget and 5,778
management may make transfers of statewide indirect costs from 5,779
the appropriate fund of the state to the general revenue fund on 5,780
an intrastate transfer voucher. The director, for reasons of 5,781
sound financial management, also may waive the recovery of 5,782
statewide indirect costs. Prior to making a transfer in 5,783
accordance with this division, the director shall notify the 5,784
affected agency of the amounts to be transferred. 5,785
137
(B) As used in this section, "statewide indirect costs" 5,787
means operating costs incurred by an agency in providing services 5,788
to any other agency, for which there was no billing to such other 5,789
agency for the services provided, and for which disbursements 5,790
have been made from the general revenue fund. 5,791
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 5,793
IN ORDER TO REDUCE THE PAYMENT OF ADJUSTMENTS TO THE FEDERAL 5,794
GOVERNMENT AS DETERMINED UNDER THE PLAN PREPARED UNDER DIVISION 5,795
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL, 5,796
ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH FISCAL YEAR, 5,797
DESIGNATE SUCH FUNDS OF THE STATE AS THE DIRECTOR CONSIDERS 5,798
NECESSARY TO RETAIN THEIR OWN INTEREST EARNINGS. 5,799
Sec. 126.21. (A) The director of budget and management 5,808
shall do all of the following: 5,810
(A)(1) Keep all necessary accounting records; 5,812
(B)(2) Prescribe and maintain the accounting system of the 5,814
state and establish appropriate accounting procedures and charts 5,815
of accounts; 5,816
(C)(3) Establish procedures for the use of written, 5,818
electronic, optical, or other communications media for approving 5,820
payment vouchers;
(D)(4) Reconcile, in the case of any variation between the 5,822
amount of any appropriation and the aggregate amount of items 5,823
thereof OF THE APPROPRIATION, with the advice and assistance of 5,824
the state agency affected thereby BY IT and the legislative 5,826
budget office of the legislative service commission, totals so as 5,827
to correspond in the aggregate with the total appropriation. In 5,828
the case of a conflict between the item and the total of which it 5,829
is a part, the item shall be considered the intended 5,830
appropriation.
(E)(5) Evaluate on an ongoing basis and, if necessary, 5,832
recommend improvements to the internal controls used in state 5,833
agencies; 5,834
(F)(6) Authorize the establishment of petty cash accounts. 5,837
138
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to 5,838
return to the state treasury any unexpended balance shown by the 5,840
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 5,842
expenditures of such THE petty cash and shall report when 5,843
requested the balance of petty cash on hand at any time. 5,845
(G)(7) Process orders, invoices, vouchers, claims, and 5,847
payrolls and prepare financial reports and statements; 5,848
(H)(8) Perform such extensions, reviews, and compliance 5,851
checks prior to approving a payment as the director considers 5,852
necessary; 5,853
(I)(9) Issue the official comprehensive annual financial 5,855
report of the state. The report shall cover all funds and 5,856
account groups of the state reporting entity and shall include 5,857
general purpose financial statements prepared in accordance with 5,858
generally accepted accounting principles and such other 5,859
information as the director provides. All state agencies, 5,860
authorities, institutions, offices, retirement systems, and other 5,861
component units of the state reporting entity as determined by 5,862
the director shall furnish the director whatever financial 5,863
statements and other information the director requests for the 5,865
report, in such THE form, at such THE times, covering such THE 5,866
periods, and with such THE attestation as the director 5,867
prescribes. The information for state institutions of higher 5,868
education, as such term is defined in section 3345.011 of the 5,869
Revised Code, shall be submitted to the director by the Ohio 5,870
board of regents. The board shall establish a due date by which 5,871
each such institution shall submit the information to the board, 5,872
but no such date shall be later than one hundred twenty days 5,873
after the end of the state fiscal year unless a later date is 5,874
approved by the director.
(B) IN ADDITION TO THE DIRECTOR'S DUTIES UNDER DIVISION 5,877
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
139
ESTABLISH AND ADMINISTER ONE OR MORE STATE PAYMENT CARD PROGRAMS 5,878
THAT PERMIT OR REQUIRE STATE AGENCIES TO USE A PAYMENT CARD TO 5,879
PURCHASE EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES IN 5,880
ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR. THE DIRECTOR 5,881
MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE THE PAYMENT
CARDS AND PAYMENT CARD SERVICES. STATE AGENCIES MAY ONLY 5,882
PARTICIPATE IN STATE PAYMENT CARD PROGRAMS THAT THE DIRECTOR 5,883
ESTABLISHES PURSUANT TO THIS SECTION.
Sec. 126.25. The accounting services provided by the 5,892
director of budget and management shall be supported by user 5,893
charges. He THE DIRECTOR shall determine a rate that is 5,895
sufficient to defray the expense of such THOSE services and the 5,896
manner by which such THOSE charges shall be collected. All money 5,897
collected from user charges shall be deposited in the state 5,898
treasury to the credit of the state accounting fund, which is 5,899
hereby created. REBATES OR REVENUE SHARES RECEIVED FROM ANY 5,900
STATE PAYMENT CARD PROGRAM ESTABLISHED UNDER DIVISION (B) OF 5,901
SECTION 126.21 OF THE REVISED CODE AND MISCELLANEOUS PAYMENTS
THAT REIMBURSE EXPENSES PAID FROM THE STATE ACCOUNTING FUND MAY 5,902
BE DEPOSITED INTO THE STATE ACCOUNTING FUND AND USED TO SUPPORT 5,903
ACCOUNTING SERVICES.
Sec. 126.31. (A) Any officer, member, or employee of, or 5,912
consultant to, the general assembly, supreme court, court of 5,913
appeals, court of claims, any agency of any of these, or any 5,914
state university or college as defined in division (A)(1) of 5,915
section 3345.12 of the Revised Code, may be reimbursed for his 5,916
actual and necessary traveling and other expenses incurred while 5,917
attending any gathering, conference, or convention, or while 5,918
performing official duties, inside or outside this state, if 5,919
authorized by the general assembly or by that court, agency, 5,920
university, or college, respectively. Reimbursement shall be 5,921
made in the manner, and at rates that do not exceed those, 5,922
prescribed by law or, in the absence of such law, in the manner, 5,923
and at rates that do not exceed those, established by the general 5,924
140
assembly or by that court, agency, university, or college, 5,925
respectively. 5,926
(B) Any officer, member, or employee of, or consultant to, 5,928
any other state agency, OTHER THAN A STATE AGENCY DESCRIBED IN 5,930
DIVISION (A) OF THIS SECTION, whose compensation is paid in whole 5,931
or in part from state funds may be reimbursed DIRECTLY for his 5,932
actual and necessary traveling and other expenses incurred while 5,933
THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT IS attending any 5,935
gathering MEETING, conference, or RETREAT, convention, OR SIMILAR 5,936
GATHERING, or while THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT 5,938
IS performing official duties, inside or outside this state, if 5,939
authorized by that state agency, OR THE PROVIDER OF GOODS OR 5,940
SERVICES TO THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT MAY BE 5,941
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,942
Notwithstanding any other statute to the contrary, reimbursement 5,943
TO THE OFFICER, MEMBER, EMPLOYEE, CONSULTANT, OR PROVIDER shall 5,944
be made in the manner, and at rates that do not exceed those, 5,945
provided by rule of the director of budget and management adopted 5,946
in accordance with Chapter 119. SECTION 111.15 of the Revised 5,948
Code. Not later than the thirtieth day of September each year, 5,949
the director of budget and management shall submit to the 5,950
president and minority leader of the senate and the speaker and 5,951
minority leader of the house of representatives a summary of all 5,952
out-of-state travel expenditures reimbursed by any such state
agencies UNDER THIS DIVISION during the preceding fiscal year. 5,953
(C) The spouse of the governor may be reimbursed DIRECTLY 5,956
for the spouse's actual and necessary traveling and other 5,958
expenses incurred while attending any gathering MEETING,
conference, or RETREAT, convention, OR SIMILAR GATHERING to 5,960
assist or serve the governor in the discharge of the governor's 5,961
official duties, or while otherwise assisting or serving the 5,962
governor in the discharge of the governor's official duties, 5,963
inside or outside this state, if authorized by the governor, OR 5,964
THE PROVIDER OF GOODS OR SERVICES TO THE GOVERNOR'S SPOUSE MAY BE 5,965
141
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 5,966
Notwithstanding any other statute to the contrary, reimbursement 5,967
made under this division is exclusively for the use and benefit 5,968
of the governor's spouse and shall not be considered as inuring 5,969
to the use or benefit of the governor for any purpose. 5,970
Reimbursement shall be made in the manner, and at rates that do 5,971
not exceed those, provided by rule of the director of budget and 5,972
management adopted in accordance with Chapter 119. SECTION 111.15 5,973
of the Revised Code.
(D) THE DIRECTOR OF BUDGET AND MANAGEMENT MAY ESTABLISH BY 5,975
RULE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 5,977
CODE OR BY GUIDELINES THE ALLOWABLE EXPENSES A STATE AGENCY MAY 5,978
INCUR TO HOST OR SPONSOR ANY MEETING, CONFERENCE, RETREAT, 5,979
CONVENTION, OR SIMILAR GATHERING AND THE MANNER IN WHICH AND THE 5,980
RATES AT WHICH THE STATE AGENCY MAY INCUR THOSE EXPENSES. A 5,981
STATE AGENCY SHALL COMPLY WITH ANY RULE OR GUIDELINE ADOPTED 5,982
UNDER THIS DIVISION. 5,983
THIS DIVISION DOES NOT APPLY TO THE GENERAL ASSEMBLY, 5,985
SUPREME COURT, COURT OF CLAIMS, ANY AGENCY OF ANY OF THESE, OR 5,986
ANY STATE UNIVERSITY OR COLLEGE AS DEFINED IN DIVISION (A)(1) OF 5,987
SECTION 3345.12 OF THE REVISED CODE. 5,988
Sec. 126.32. (A) Any officer of any state agency may 5,998
authorize reimbursement for travel, INCLUDING THE COSTS OF 5,999
TRANSPORTATION, FOR lodging, and FOR meals to any person who is 6,001
interviewing for a position that is classified as pay range 33 or 6,002
above in schedule B of section 124.15 of the Revised Code or in 6,003
pay range 13 or above in schedule E-1 of section 124.152 of the 6,004
Revised Code, or is classified in schedule C of section 124.15 or 6,005
in schedule E-2, of section 124.152 of the Revised Code. 6,006
(B) If a person is appointed to a position listed in 6,008
section 121.03 of the Revised Code, to another comparable THE 6,009
position OF ADMINISTRATOR OF WORKERS' COMPENSATION AFTER AUGUST 6,010
31, 2000, CHAIRPERSON OF THE INDUSTRIAL COMMISSION, ADJUTANT 6,011
GENERAL, CHANCELLOR OF THE OHIO BOARD OF REGENTS, SUPERINTENDENT 6,012
142
OF PUBLIC INSTRUCTION, CHAIRPERSON OF THE PUBLIC UTILITIES 6,013
COMMISSION OF OHIO, OR DIRECTOR OF THE STATE LOTTERY COMMISSION, 6,014
to a position holding a fiduciary relationship to the governor, 6,016
to a position of an appointing authority of the department of 6,017
mental health, mental retardation and developmental disabilities, 6,018
or rehabilitation and correction, to a position of superintendent 6,019
in the department of youth services, or to a position under 6,020
section 122.05 of the Revised Code, and such IF THAT appointment 6,021
requires a permanent change of residence, the appropriate state 6,022
agency may reimburse the person for his THE PERSON'S actual and 6,023
necessary expenses, INCLUDING THE COST OF IN-TRANSIT STORAGE OF 6,024
HOUSEHOLD GOODS AND PERSONAL EFFECTS, of moving himself THE 6,025
PERSON and members of his THE PERSON'S immediate family residing 6,027
in his THE PERSON'S household, AND OF MOVING THEIR HOUSEHOLD 6,028
GOODS AND PERSONAL EFFECTS, to his THE PERSON'S new location. 6,030
Until such a THAT person moves his THE PERSON'S permanent 6,033
residence to the new location, but not for a period that exceeds 6,034
thirty consecutive days, the state agency may reimburse the 6,035
person for his THE PERSON'S temporary living expenses at the new 6,036
location that he THE PERSON has incurred on behalf of himself THE 6,038
PERSON and members of his THE PERSON'S immediate family residing 6,040
in his THE PERSON'S household. In addition, the state agency may 6,041
reimburse such THAT person for his THE PERSON'S travel expenses 6,042
between the new location and his THE PERSON'S former residence 6,044
during this period FOR A MAXIMUM NUMBER OF TRIPS SPECIFIED BY 6,045
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT, BUT THE STATE 6,046
AGENCY SHALL NOT REIMBURSE THE PERSON FOR TRAVEL EXPENSES 6,047
INCURRED FOR THOSE TRIPS BY MEMBERS OF THE PERSON'S IMMEDIATE
FAMILY. With the prior written approval of the director of 6,049
budget and management, the maximum thirty-day period for 6,050
temporary living expenses may be extended for a person appointed 6,051
to a position under section 122.05 of the Revised Code. 6,052
The director of development may reimburse a person 6,054
appointed to a position under section 122.05 of the Revised Code 6,055
143
for his THE PERSON'S actual and necessary expenses of moving 6,056
himself THE PERSON and members of his THE PERSON'S immediate 6,058
family residing in his THE PERSON'S household back to the United 6,060
States AND MAY REIMBURSE A PERSON APPOINTED TO SUCH A POSITION
FOR THE COST OF STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS 6,061
OF THE PERSON AND THE PERSON'S IMMEDIATE FAMILY WHILE THE PERSON 6,062
IS SERVING OUTSIDE THE UNITED STATES, IF THE PERSON'S OFFICE 6,063
OUTSIDE THE UNITED STATES IS THE PERSON'S PRIMARY JOB LOCATION. 6,064
(C) All reimbursement under DIVISION (A) OR (B) OF this 6,067
section shall be made in the manner, and at rates that do not 6,068
exceed those, provided by rule of the director of budget and 6,069
management in accordance with Chapter 119. SECTION 111.15 of the 6,070
Revised Code. REIMBURSEMENTS MAY BE MADE UNDER DIVISION (B) OF 6,071
THIS SECTION DIRECTLY TO THE PERSONS WHO INCURRED THE EXPENSES OR 6,072
DIRECTLY TO THE PROVIDERS OF GOODS OR SERVICES THE PERSONS 6,073
RECEIVE, AS DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 6,074
Sec. 127.16. (A) Upon the request of either a state 6,083
agency or the director of budget and management and after the 6,084
controlling board determines that an emergency or a sufficient 6,085
economic reason exists, the controlling board may approve the 6,087
making of a purchase without competitive selection as provided in
division (B) of this section. 6,088
(B) Except as otherwise provided in this section, no state 6,090
agency, using money that has been appropriated to it directly, 6,091
shall: 6,092
(1) Make any purchase from a particular supplier, that 6,094
would amount to fifty thousand dollars or more when combined with 6,095
both the amount of all disbursements to the supplier during the 6,096
fiscal year for purchases made by the agency and the amount of 6,097
all outstanding encumbrances for purchases made by the agency 6,098
from the supplier, unless the purchase is made by competitive 6,099
selection or with the approval of the controlling board; 6,100
(2) Lease real estate from a particular supplier, if the 6,102
lease would amount to seventy-five thousand dollars or more when 6,103
144
combined with both the amount of all disbursements to the 6,104
supplier during the fiscal year for real estate leases made by 6,105
the agency and the amount of all outstanding encumbrances for 6,106
real estate leases made by the agency from the supplier, unless 6,107
the lease is made by competitive selection or with the approval 6,108
of the controlling board. 6,109
(C) Any person who authorizes a purchase in violation of 6,111
division (B) of this section shall be liable to the state for any 6,112
state funds spent on the purchase, and the attorney general shall 6,113
collect the amount from the person. 6,114
(D) Nothing in division (B) of this section shall be 6,116
construed as: 6,117
(1) A limitation upon the authority of the director of 6,119
transportation as granted in sections 5501.17, 5517.02, and 6,120
5525.14 of the Revised Code; 6,121
(2) Applying to medicaid provider agreements under Chapter 6,123
5111. of the Revised Code or payments or provider agreements 6,126
under disability assistance medical assistance established under 6,127
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 6,129
supplier by a state licensing board under Title XLVII of the 6,130
Revised Code; 6,131
(4) Applying to entertainment contracts for the Ohio state 6,133
fair entered into by the Ohio expositions commission, provided 6,134
that the controlling board has given its approval to the 6,135
commission to enter into such contracts and has approved a total 6,136
budget amount for such contracts as agreed upon by commission 6,137
action, and that the commission causes to be kept itemized 6,138
records of the amounts of money spent under each contract and 6,139
annually files those records with the clerk of the house of 6,141
representatives and the clerk of the senate following the close 6,142
of the fair;
(5) Limiting the authority of the chief of the division of 6,144
mines and reclamation to contract for reclamation work with an 6,145
145
operator mining adjacent land as provided in section 1513.27 of 6,146
the Revised Code; 6,147
(6) Applying to investment transactions and procedures of 6,149
any state agency, except that the agency shall file with the 6,150
board the name of any person with whom the agency contracts to 6,151
make, broker, service, or otherwise manage its investments, as 6,152
well as the commission, rate, or schedule of charges of such 6,153
person with respect to any investment transactions to be 6,154
undertaken on behalf of the agency. The filing shall be in a 6,155
form and at such times as the board considers appropriate. 6,156
(7) Applying to purchases made with money for the per cent 6,158
for arts program established by section 3379.10 of the Revised 6,159
Code; 6,160
(8) Applying to purchases made by the rehabilitation 6,162
services commission of services, or supplies, that are provided 6,163
to persons with disabilities, or to purchases made by the 6,164
commission in connection with the eligibility determinations it 6,165
makes for applicants of programs administered by the social 6,166
security administration; 6,167
(9) Applying to payments by the department of human 6,169
services under section 5111.13 of the Revised Code for group 6,170
health plan premiums, deductibles, coinsurance, and other 6,171
cost-sharing expenses; 6,172
(10) Applying to any agency of the legislative branch of 6,174
the state government; 6,175
(11) Applying to agreements entered into under section 6,177
5101.11, 5101.21, or 5101.211 of the Revised Code; 6,178
(12) Applying to purchases of services by the adult parole 6,180
authority under section 2967.14 of the Revised Code or by the 6,181
department of youth services under section 5139.08 of the Revised 6,182
Code; 6,183
(13) Applying to dues or fees paid for membership in an 6,185
organization or association; 6,186
(14) Applying to purchases of utility services pursuant to 6,188
146
section 9.30 of the Revised Code; 6,189
(15) Applying to purchases made in accordance with rules 6,191
adopted by the department of administrative services of motor 6,192
vehicle, aviation, or watercraft fuel, or emergency repairs of 6,193
such vehicles; 6,194
(16) Applying to purchases of tickets for passenger air 6,196
transportation; 6,197
(17) Applying to purchases necessary to provide public 6,199
notifications required by law or to provide notifications of job 6,200
openings; 6,201
(18) Applying to the judicial branch of state government; 6,203
(19) Applying to purchases of liquor for resale by the 6,205
department or, on and after July 1, 1997, the division of liquor 6,206
control;
(20) Applying to purchases of motor courier and freight 6,208
services made in accordance with department of administrative 6,209
services rules; 6,210
(21) Applying to purchases from the United States postal 6,212
service and purchases of stamps and postal meter replenishment 6,213
from vendors at rates established by the United States postal 6,214
service; 6,215
(22) Applying to purchases of books, periodicals, 6,217
pamphlets, newspapers, maintenance subscriptions, and other 6,218
published materials; 6,219
(23) Applying to purchases from other state agencies, 6,221
including state-assisted institutions of higher education; 6,222
(24) Limiting the authority of the director of 6,224
environmental protection to enter into contracts under division 6,225
(D) of section 3745.14 of the Revised Code to conduct compliance 6,226
reviews, as defined in division (A) of that section; 6,227
(25) Applying to purchases from a qualified nonprofit 6,229
agency pursuant to sections 4115.31 to 4115.35 of the Revised 6,230
Code; 6,231
(26) Applying to payments by the department of human 6,233
147
services to the United States department of health and human 6,234
services for printing and mailing notices pertaining to the tax 6,235
refund offset program of the internal revenue service of the 6,236
United States department of the treasury; 6,237
(27) Applying to contracts entered into by the department 6,239
of mental retardation and developmental disabilities under 6,240
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 6,241
(28) Applying to payments made by the department of mental 6,243
health under a physician recruitment program authorized by 6,244
section 5119.101 of the Revised Code; 6,245
(29) Applying to contracts entered into with persons by 6,247
the director of commerce for unclaimed funds collection and 6,248
remittance efforts as provided in division (F) of section 169.03 6,250
of the Revised Code. The director shall keep an itemized 6,253
accounting of unclaimed funds collected by those persons and 6,254
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 6,256
higher education in accordance with the terms of a contract 6,258
between the vendor and an inter-university purchasing group 6,259
comprised of purchasing officers of state institutions of higher 6,260
education;
(31) APPLYING TO THE DEPARTMENT OF HUMAN SERVICES' 6,262
PURCHASES OF HEALTH ASSISTANCE SERVICES UNDER THE CHILDREN'S 6,263
HEALTH INSURANCE PROGRAM PART I PROVIDED FOR UNDER SECTION 6,264
5101.50 OF THE REVISED CODE OR THE CHILDREN'S HEALTH INSURANCE 6,265
PROGRAM PART II PROVIDED FOR UNDER SECTION 5101.51 OF THE REVISED 6,266
CODE.
(E) Notwithstanding division (B)(1) of this section, the 6,268
cumulative purchase threshold shall be seventy-five thousand 6,269
dollars for the departments of mental retardation and 6,270
developmental disabilities, mental health, rehabilitation and 6,271
correction, and youth services. 6,272
(F) When determining whether a state agency has reached 6,274
the cumulative purchase thresholds established in divisions 6,275
148
(B)(1), (B)(2), and (E) of this section, all of the following 6,276
purchases by such agency shall not be considered: 6,277
(1) Purchases made through competitive selection or with 6,279
controlling board approval; 6,280
(2) Purchases listed in division (D) of this section; 6,282
(3) For the purposes of the thresholds of divisions (B)(1) 6,284
and (E) of this section only, leases of real estate. 6,285
(G) As used in this section, "competitive selection," 6,287
"purchase," "supplies," and "services" have the same meanings as 6,288
in section 125.01 of the Revised Code. 6,289
Sec. 129.55. In the event the moneys to the credit of the 6,298
improvements bond retirement fund created by Section 2f of 6,299
Article VIII, Ohio Constitution, are insufficient to meet in full 6,300
any payment of interest, principal, or charges due for the 6,301
issuance and retirement of bonds or other obligations issued 6,302
pursuant to Section 2f of Article VIII, Ohio Constitution, and 6,303
section 129.50 of the Revised Code, the commissioners of the 6,304
sinking fund shall, within ten days prior to the time any such 6,305
payment is due, SHALL certify to the treasurer of state the total 6,306
amount of such payment, the amount of moneys to the credit of the 6,307
improvements bond retirement fund created by Section 2f of 6,308
Article VIII, Ohio Constitution, and the amount of additional 6,309
money necessary to be credited to such bond retirement fund to 6,310
meet in full the payment of such interest, principal, or charges 6,311
when due. 6,312
Upon receipt of such certification or if on presentation 6,314
for payment when due of either principal or interest on the bonds 6,315
or other obligations, there be insufficient moneys in such fund 6,316
to make any such payment, the treasurer of state shall transfer 6,317
the amount of additional moneys necessary to meet such payment to 6,318
the improvements bond retirement fund created by Section 2f of 6,319
Article VIII, Ohio Constitution, from the undistributed revenues 6,320
derived from all excises and taxes of the state, except ad 6,321
valorem taxes on real and personal property, income taxes, and 6,322
149
fees, excises, or license taxes relating to registration, 6,323
operation, or use of vehicles on public highways, or to fuels 6,324
used for propelling such vehicles, drawing first upon the 6,325
undistributed revenues derived from the tax levied by section 6,326
5743.02 of the Revised Code, then upon the undistributed revenues 6,327
derived from the tax levied by section 5743.32 of the Revised 6,328
Code, then upon the undistributed revenues derived from the tax 6,329
levied by section 5739.02 of the Revised Code, and then from the 6,330
undistributed revenues derived from the taxes levied by sections 6,331
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,332
5729.03, 5731.02, 5731.13, 5733.06, and 5741.02 of the Revised 6,334
Code in proportion to the amount of undistributed revenues 6,335
derived from each such tax. 6,336
Sec. 129.63. (A) The commissioners of the sinking fund 6,345
shall, prior to the twentieth day of December of each year, SHALL 6,348
certify to the treasurer of state: 6,349
(1) The amount of moneys required during the next 6,351
succeeding calendar year to meet in full as they become due 6,352
payments of principal, interest, and charges for the issuance and 6,353
retirement of bonds or notes issued pursuant to Section 2h of 6,354
Article VIII, Ohio Constitution, and section 129.60 of the 6,355
Revised Code, and the date of such payments; 6,356
(2) The amount of money to the credit of the development 6,358
bond retirement fund created under Section 2h of Article VIII, 6,359
Ohio Constitution, on the date the certification is made. 6,360
(B) The commissioners of the sinking fund shall, not 6,362
earlier than the thirtieth day nor later than the twentieth day, 6,363
prior to the date any payments of principal, interest, or charges 6,364
for the issuance or retirement of bonds or notes issued under 6,365
Section 2h of Article VIII, Ohio Constitution, and section 129.60 6,366
of the Revised Code become due, SHALL certify to the treasurer of 6,367
state: 6,368
(1) The total amount of such payments, the amount of 6,370
moneys then to the credit of the development bond retirement fund 6,371
150
created under Section 2h of Article VIII, Ohio Constitution, and 6,372
any amounts of additional money necessary to meet such payments 6,373
in full when due; 6,374
(2) The amount of any payments of principal, interest, or 6,376
charges for the issuance or retirement of bonds or notes issued 6,377
under Section 2f of Article VIII, Ohio Constitution, which will 6,378
become due on or before the tenth day following the date of 6,379
payment set forth in division (B)(1) of this section, the amounts 6,380
then to the credit of the improvements bond retirement fund 6,381
created by Section 2f of Article VIII, Ohio Constitution, and any 6,382
amounts of additional money necessary to meet such payments from 6,383
such fund when due. 6,384
(C) Upon receipt of the certifications required under 6,386
division (B) of this section, the treasurer of state shall: 6,387
(1) Transfer to the improvements bond retirement fund 6,389
created by Section 2f of Article VIII, Ohio Constitution, from 6,390
the revenues authorized by section 129.55 of the Revised Code to 6,391
be paid into such fund and in the order described in such 6,392
section, the amounts of additional money, if any, certified as 6,393
necessary under division (B)(2) of this section to make the 6,394
payments from each of such funds as certified under such 6,395
division; 6,396
(2) Transfer, after making whatever transfers are required 6,398
by division (C)(1) of this section, the additional amounts of 6,399
money, if any, certified as necessary under division (B)(1) of 6,400
this section to make the payments as certified under such 6,401
division to the development bond retirement fund created by 6,402
Section 2h of Article VIII, Ohio Constitution, from the 6,403
undistributed revenues derived from all excises and taxes of the 6,404
state, except ad valorem taxes on real and personal property, 6,405
income taxes, and fees, excises or license taxes relating to 6,406
registration, operation, or use of vehicles on the public 6,407
highways, or to fuels used for propelling such vehicles, drawing 6,408
first upon the undistributed revenues derived from the tax levied 6,409
151
by section 5739.02 of the Revised Code remaining after any 6,410
transfer to the improvements bond retirement fund created by 6,411
Section 2f of Article VIII, Ohio Constitution, of such amounts of 6,412
those revenues as may be required by section 129.55 of the 6,413
Revised Code to be so transferred, and then from the 6,414
undistributed revenues derived from the taxes levied by sections 6,415
3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 6,416
5729.03, 5731.02, 5731.13, 5733.06, 5741.02, 5743.02, and 5743.32 6,418
of the Revised Code in proportion to the amount of undistributed 6,419
revenues from each such tax remaining after the transfer to the 6,420
improvements bond retirement fund created by Section 2f of 6,421
Article VIII, Ohio Constitution, of such amount of those revenues 6,422
as may be required by section 129.55 of the Revised Code to be so 6,423
transferred. 6,424
Sec. 129.73. (A) The commissioners of the sinking fund 6,433
shall, prior to the twentieth day of December of each year, SHALL 6,435
certify to the treasurer of state:
(1) The amount of moneys required during the next 6,437
succeeding calendar year to meet in full, as they become due, 6,438
payments of principal, interest, and charges for the issuance and 6,439
retirement of obligations issued pursuant to Section 2i of 6,440
Article VIII, Ohio Constitution, and former section 129.70 of the 6,441
Revised Code, and the date of such payments; 6,442
(2) The amount of money to the credit of the public 6,444
improvements bond retirement fund created under section 129.72 of 6,445
the Revised Code on the date the certification is made. 6,446
(B) The commissioners of the sinking fund shall, not 6,448
earlier than the thirtieth day nor later than the twentieth day, 6,449
prior to the date any payments of principal, interest, or charges 6,450
for the issuance or retirement of obligations issued under 6,451
Section 2i of Article VIII, Ohio Constitution, or former section 6,452
129.70 of the Revised Code become due, SHALL certify to the 6,453
treasurer of state: 6,454
(1) The total amount of such payments of principal, 6,456
152
interest, or charges, the amount of moneys then to the credit of 6,457
the public improvements bond retirement fund created under 6,458
section 129.72 of the Revised Code which THAT may be expended for 6,460
such payments, and any amounts of additional money necessary to 6,461
meet such payments in full when due; 6,462
(2) The amount of any payments of principal, interest, or 6,464
charges for the issuance or retirement of bonds or notes issued 6,465
under Section 2f of Article VIII, Ohio Constitution, which will 6,466
become due on or before the tenth day following the date of 6,467
payment referred to in division (B)(1) of this section, the 6,468
amount then to the credit of the improvements bond retirement 6,469
fund created by Section 2f of Article VIII, Ohio Constitution, 6,470
and any amounts of additional money necessary to meet such 6,471
payments from such fund when due; 6,472
(3) The amount of any payments of principal, interest, or 6,474
charges for the issuance or retirement of bonds or notes issued 6,475
under Section 2h of Article VIII, Ohio Constitution, which will 6,476
become due on or before the tenth day following the date of 6,477
payment referred to in division (B)(1) of this section, the 6,478
amounts then to the credit of the development bond retirement 6,479
fund created by Section 2h of Article VIII, Ohio Constitution, 6,480
any amounts of additional money necessary to meet such payments 6,481
from such fund when due. 6,482
(C) Upon receipt of the certifications required under 6,484
division (B) of this section, the treasurer of state shall: 6,485
(1) Transfer to the improvements bond retirement fund 6,487
created by Section 2f of Article VIII, Ohio Constitution, from 6,488
the revenues authorized by section 129.55 of the Revised Code to 6,489
be paid into such fund and in the order described in such 6,490
section, the amounts of additional money, if any, certified as 6,491
necessary under division (B)(2) of this section to make the 6,492
payments from such fund as certified under such division; 6,493
(2) Transfer to the development bond retirement fund 6,495
created by Section 2h of Article VIII, Ohio Constitution, from 6,496
153
the revenues authorized by section 129.63 of the Revised Code to 6,497
be paid into such fund and in the order described in such 6,498
section, the amounts of additional money, if any, certified as 6,499
necessary under division (B)(3) of this section to make the 6,500
payments from such fund as certified under such division; 6,501
(3) Transfer, after making whatever transfers are required 6,503
by divisions (C)(1) and (2) of this section, the additional 6,504
amounts of money, if any, certified as necessary under division 6,505
(B)(1) of this section to make the payments of principal, 6,506
interest, or charges as certified under such division to the 6,507
public improvements bond retirement fund created by section 6,508
129.72 of the Revised Code, from the undistributed revenues 6,509
derived from all excises and taxes of the state, except ad 6,510
valorem taxes on real and personal property, income taxes, and 6,511
fees, excises or license taxes relating to registration, 6,512
operation, or use of vehicles on the public highways, or to fuels 6,513
used for propelling such vehicles, which excises and taxes, other 6,514
than those excepted, are and shall be deemed to be levied, in 6,515
addition to the purposes otherwise provided for by law, to 6,516
provide in accordance with the provisions of this section for the 6,517
payment of interest, principal, and charges on tax supported 6,518
obligations, including bonds and notes, issued pursuant to 6,519
Section 2i of Article VIII, Ohio Constitution, and former section 6,520
129.70 of the Revised Code, provided that the treasurer of state 6,521
shall draw first upon the undistributed revenues derived from the 6,522
tax levied by section 5739.02 of the Revised Code remaining after 6,523
any transfer to the improvements bond retirement fund created by 6,524
Section 2f of Article VIII, Ohio Constitution, and the 6,525
development bond retirement fund created by Section 2h of Article 6,526
VIII, Ohio Constitution, of such amounts of those revenues as may 6,527
be required by sections 129.55 and 129.63 of the Revised Code to 6,528
be so transferred, and then from the undistributed revenues 6,529
derived from the taxes levied by sections 3769.08, 4301.42, 6,530
4301.43, 4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 6,531
154
5731.18, 5731.19, 5733.06, 5741.02, 5743.02, and 5743.32 of the 6,533
Revised Code in proportion to the amount of undistributed 6,534
revenues from each such tax remaining after the transfer to the 6,535
improvements bond retirement fund created by Section 2f of 6,536
Article VIII, Ohio Constitution, and the development bond 6,537
retirement fund created by Section 2h of Article VIII, Ohio 6,538
Constitution, of such amount of those revenues as may be required 6,539
by sections 129.55 and 129.63 of the Revised Code to be so 6,540
transferred.
(D) If on presentation for payment when due of either 6,542
principal or interest on obligations issued pursuant to Section 6,543
2i of Article VIII, Ohio Constitution, and former section 129.70 6,544
of the Revised Code, there are insufficient moneys for the 6,545
payment of such principal and interest, the treasurer of state 6,546
shall also transfer to the public improvements bond retirement 6,547
fund from the undistributed revenues referred to in division 6,548
(C)(3) of this section and in the order specified therein such 6,549
additional amounts as may be required for such payments. 6,550
Sec. 131.01. As used in Chapters 113., 117., 123., 124., 6,559
125., 126., 127., and 131. of the Revised Code, and any statute 6,560
that uses the terms in connection with state accounting or 6,561
budgeting: 6,562
(A) "Account" means any record, element, or summary in 6,564
which financial transactions are identified and recorded as debit 6,565
or credit transactions in order to summarize items of a similar 6,566
nature or classification. 6,567
(B) "Accounting procedure" means the arrangement of all 6,569
processes which discover, record, and summarize financial 6,570
information to produce financial statements and reports and to 6,571
provide internal control. 6,572
(C) "Accounting system" means the total structure of 6,574
records and procedures which discover, record, classify, and 6,575
report information on the financial position and operations of a 6,576
governmental unit or any of its funds, balanced account groups, 6,577
155
and organizational components. 6,578
(D) "Allocation" means a portion of an appropriation which 6,580
is designated for expenditure by specific organizational units or 6,581
for special purposes, activities, or objects that do not relate 6,582
to a period of time. 6,583
(E) "Allotment" means all or part of an appropriation 6,585
which may be encumbered or expended within a specific period of 6,586
time. 6,587
(F) "Appropriation" means an authorization granted by the 6,589
general assembly to make expenditures and to incur obligations 6,590
for specific purposes. 6,591
(G) "Assets" means resources owned, controlled, or 6,593
otherwise used or held by the state which have monetary value. 6,594
(H) "Budget" means the plan of financial operation 6,596
embodying an estimate of proposed expenditures and obligations 6,597
for a given period and the proposed means of financing them. 6,598
(I) "Direct deposit" is a form of electronic funds 6,600
transfer in which money is electronically deposited into the 6,601
account of a person or entity at a financial institution. 6,602
(J) "Disbursement" means a payment made for any purpose. 6,604
(K) "Electronic benefit transfer" means the electronic 6,606
delivery of public assistance benefits through automated teller 6,607
machines, point of sale terminals, or other electronic media 6,608
pursuant to section 5101.33 of the Revised Code. 6,609
(L) "Electronic funds transfer" means the electronic 6,611
movement of funds via automated clearing house or wire transfer. 6,612
(M) "Encumbrancing document" means a document reserving 6,614
all or part of an appropriation. 6,615
(N) "Expenditure" means a reduction of the balance of an 6,617
appropriation after legal requirements have been met. 6,618
(O) "Fund" means an independent fiscal and accounting 6,620
entity with a self-balancing set of accounts recording cash or 6,621
other resources, together with all related liabilities, 6,622
obligations, reserves, and fund balances which are segregated for 6,623
156
the purpose of carrying on specific activities or attaining 6,624
certain objectives in accordance with special rules, 6,625
restrictions, or limitations. 6,626
(P) "Lapse" means the automatic termination of an 6,628
appropriation at the end of the fiscal period for which it was 6,629
appropriated. 6,630
(Q) "Reappropriation" means an appropriation of a previous 6,632
appropriation that is continued in force in a succeeding 6,633
appropriation period. "Reappropriation" shall be equated with 6,634
and incorporated in the term "appropriation." 6,635
(R) "Voucher" means the document used to transmit a claim 6,637
for payment and evidentiary matter related to the claim. 6,638
(S) "Warrant" means an order drawn upon the treasurer of 6,640
state by the auditor of state directing the treasurer of state to 6,641
pay a specified amount, including an order to make a lump-sum 6,642
payment to a financial institution for the transfer of funds by 6,643
direct deposit or the drawdown of funds by electronic benefit 6,644
transfer, and the resulting electronic transfer to or by the 6,645
ultimate payees. 6,646
The terms defined in this section shall be used, on all 6,648
accounting forms, reports, formal rules, and budget requests 6,649
produced by a state agency, only as defined in this section. 6,650
Sec. 131.39. IF A STATE AGENCY DETERMINES THAT ALL OR A 6,652
PORTION OF A FEE, FINE, PENALTY, OR OTHER NONTAX PAYMENT MADE TO 6,653
THE AGENCY IS NOT OWED, THE AGENCY MAY REFUND, FROM THE FUND TO 6,654
WHICH THE PAYMENT WAS CREDITED, THE AMOUNT THAT IS NOT OWED. IF 6,655
THE AGENCY LACKS SUFFICIENT UNENCUMBERED APPROPRIATIONS TO MAKE 6,656
THE REFUND, THE AGENCY MAY REQUEST THE CONTROLLING BOARD FOR
AUTHORITY TO MAKE THE REFUND. THE BOARD MAY AUTHORIZE THE AGENCY 6,657
TO MAKE THE REFUND UPON A DETERMINATION THAT THE REFUND IS DUE 6,658
AND THAT SUFFICIENT UNENCUMBERED MONEY REMAINS IN THE FUND. 6,659
THIS SECTION DOES NOT SUPERSEDE ANY AUTHORITY TO REFUND A 6,661
PAYMENT THAT AN AGENCY HAS UNDER ANY OTHER LAW. 6,662
Sec. 133.20. (A) This section applies to bonds that are 6,671
157
general obligation Chapter 133. securities. If the bonds are 6,672
payable as to principal by provision for annual installments, the 6,673
period of limitations on their last maturity, referred to as 6,674
their maximum maturity, shall be measured from a date twelve 6,675
months prior to the first date on which provision for payment of 6,676
principal is made. If the bonds are payable as to principal by 6,677
provision for semiannual installments, the period of limitations 6,678
on their last maturity shall be measured from a date six months 6,679
prior to the first date on which provision for payment of 6,680
principal is made. 6,681
(B) Bonds issued for the following permanent improvements 6,683
or for permanent improvements for the following purposes shall 6,684
have maximum maturities not exceeding the number of years stated: 6,685
(1) Fifty years: 6,687
(a) The clearance and preparation of real property for 6,689
redevelopment as an urban redevelopment project; 6,690
(b) Acquiring, constructing, widening, relocating, 6,692
enlarging, extending, and improving a publicly owned railroad or 6,693
line of railway or a light or heavy rail rapid transit system, 6,694
including related bridges, overpasses, underpasses, and tunnels, 6,695
but not including rolling stock or equipment. 6,696
(2) Forty years: 6,698
(a) General waterworks or water system permanent 6,700
improvements, including buildings, water mains, or other 6,701
structures and facilities in connection therewith; 6,702
(b) Sewers or sewage treatment or disposal works or 6,704
facilities, including fireproof buildings or other structures in 6,705
connection therewith; 6,706
(c) Storm water drainage, surface water, and flood 6,708
prevention facilities. 6,709
(3) Thirty years: 6,711
(a) Municipal recreation, excluding recreational 6,713
equipment; 6,714
(b) Urban redevelopment projects; 6,716
158
(c) Acquisition of real property; 6,718
(d) Street or alley lighting purposes or relocating 6,720
overhead wires, cables, and appurtenant equipment underground. 6,721
(4) Twenty years: constructing, reconstructing, widening, 6,723
opening, improving, grading, draining, paving, extending, or 6,724
changing the line of roads, highways, expressways, freeways, 6,725
streets, sidewalks, alleys, or curbs and gutters, and related 6,726
bridges, viaducts, overpasses, underpasses, grade crossing 6,727
eliminations, service and access highways, and tunnels. 6,728
(5) Fifteen years: 6,730
(a) Resurfacing roads, highways, streets, or alleys; 6,732
(b) Alarm, telegraph, or other communications systems for 6,734
police or fire departments or other emergency services; 6,735
(c) Passenger buses used for mass transportation; 6,737
(d) ENERGY CONSERVATION MEASURES AS AUTHORIZED BY SECTION 6,739
133.06 OF THE REVISED CODE. 6,740
(6) Ten years: 6,742
(a) Water meters; 6,744
(b) Fire department apparatus and equipment; 6,746
(c) Road rollers and other road construction and servicing 6,748
vehicles; 6,749
(d) Furniture, equipment, and furnishings; 6,751
(e) Landscape planting and other site improvements; 6,753
(f) Playground, athletic, and recreational equipment and 6,755
apparatus; 6,756
(g) Energy conservation measures as authorized by section 6,758
133.06, 307.041, 505.264, or 717.02 of the Revised Code. 6,759
(7) Five years: New motor vehicles other than those 6,761
described in any other division of this section and those for 6,762
which provision is made in other provisions of the Revised Code. 6,763
(C) Bonds issued for any permanent improvements not within 6,765
the categories set forth in division (B) of this section shall 6,766
have maximum maturities of from five to thirty years as the 6,767
fiscal officer estimates is the estimated life or period of 6,768
159
usefulness of those permanent improvements. Bonds issued under 6,769
section 133.51 of the Revised Code for purposes other than 6,770
permanent improvements shall have such maturities, not to exceed 6,771
forty years, as the taxing authority shall specify. 6,772
(D) Securities issued under section 505.265 or 717.07 of 6,775
the Revised Code shall mature not later than December 31, 2035. 6,776
(E) A securities issue for one purpose may include 6,778
permanent improvements within two or more categories under 6,779
divisions (B) and (C) of this section. The maximum maturity of 6,780
such a bond issue shall not exceed the average number of years of 6,781
life or period of usefulness of the permanent improvements as 6,782
measured by the weighted average of the amounts expended or 6,783
proposed to be expended for the categories of permanent 6,784
improvements. 6,785
Sec. 135.63. The treasurer of state may invest in linked 6,794
deposits under sections 135.61 to 135.67 and, agricultural linked 6,795
deposits under sections 135.71 to 135.76, AND ASSISTIVE 6,797
TECHNOLOGY DEVICE LINKED DEPOSITS UNDER SECTIONS 135.91 TO 135.97 6,798
of the Revised Code, provided that at the time of placement of 6,800
any linked deposit or UNDER SECTIONS 135.61 TO 135.67 OF THE 6,801
REVISED CODE, agricultural linked deposit, OR ASSISTIVE
TECHNOLOGY DEVICE LINKED DEPOSITS, the combined amount of 6,802
investments in THE linked deposits and, agricultural linked 6,804
deposits, AND ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS is not 6,805
more than twelve per cent of the state's total average investment 6,806
portfolio as determined by the treasurer of state. When deciding 6,807
whether to invest in THE linked deposits and, agricultural linked 6,808
deposits, OR ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS, the 6,809
treasurer of state shall give priority to the investment, 6,811
liquidity, and cash flow needs of the state.
Sec. 135.91. AS USED IN SECTIONS 135.91 TO 135.97 OF THE 6,813
REVISED CODE:
(A) "ASSISTIVE TECHNOLOGY DEVICE" MEANS ANY ITEM, PIECE OF 6,815
EQUIPMENT, OR PRODUCT SYSTEM, WHETHER ACQUIRED COMMERCIALLY, 6,816
160
MODIFIED, OR CUSTOMIZED, THAT IS USED TO INCREASE, MAINTAIN, OR 6,817
IMPROVE THE FUNCTIONAL CAPABILITIES OF AN INDIVIDUAL WITH A 6,818
DISABILITY. "ASSISTIVE TECHNOLOGY DEVICE OR DEVICES" INCLUDES, 6,819
BUT IS NOT LIMITED TO, HEARING AIDS, TEXT TELEPHONES, COMPUTER 6,820
TALKING SOFTWARE, BRAILLE PRINTERS, OPTICAL SCANNERS, CLOSED
CIRCUIT TELEVISION, MANUAL OR MOTORIZED WHEELCHAIRS, AND HOME AND 6,821
VAN MODIFICATIONS.
(B) "DISABILITY" HAS THE SAME MEANING AS IN THE "AMERICANS 6,824
WITH DISABILITIES ACT OF 1990," 104 STAT. 327, 42 U.S.C. 12101. 6,825
(C) "ELIGIBLE INDIVIDUAL WITH A DISABILITY" MEANS ANY OF 6,827
THE FOLLOWING: 6,828
(1) AN INDIVIDUAL WITH A DISABILITY WHO IS A RESIDENT OF 6,830
THIS STATE AND WHOSE INDEPENDENCE AND QUALITY OF LIFE WOULD BE 6,831
IMPROVED BY AN ASSISTIVE TECHNOLOGY DEVICE; 6,832
(2) AN INDIVIDUAL WITH A DISABILITY WHO CANNOT SECURE 6,834
FUNDING THROUGH GOVERNMENTAL SOURCES, PRIVATE INSURANCE, OR OTHER 6,835
MEANS TO OBTAIN ASSISTIVE TECHNOLOGY DEVICES THAT WILL ENABLE 6,836
THAT INDIVIDUAL TO LIVE INDEPENDENTLY AND ENHANCE THAT 6,837
INDIVIDUAL'S EMPLOYMENT OPPORTUNITIES;
(3) A PARENT, CUSTODIAN, OR GUARDIAN WHO APPLIES FOR A 6,839
LOAN AS PROVIDED IN SECTION 135.93 OF THE REVISED CODE ON BEHALF 6,840
OF AN INDIVIDUAL DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. 6,841
(D) "ELIGIBLE LENDING INSTITUTION" MEANS A FINANCIAL 6,843
INSTITUTION THAT IS ELIGIBLE TO MAKE LOANS, IS A PUBLIC 6,844
DEPOSITORY OF STATE FUNDS UNDER SECTION 135.03 OF THE REVISED 6,845
CODE, AND AGREES TO PARTICIPATE IN THE ASSISTIVE TECHNOLOGY
DEVICE LINKED DEPOSIT PROGRAM. 6,846
(E) "ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT" MEANS A 6,848
CERTIFICATE OF DEPOSIT PLACED BY THE TREASURER OF STATE WITH AN 6,849
ELIGIBLE LENDING INSTITUTION AT UP TO THREE PER CENT BELOW 6,850
CURRENT MARKET RATES, AS DETERMINED AND CALCULATED BY THE 6,851
TREASURER OF STATE, PROVIDED THE INSTITUTION AGREES TO LEND THE 6,852
VALUE OF THE DEPOSIT, ACCORDING TO THE DEPOSIT AGREEMENT REQUIRED 6,853
BY SECTION 135.92 OF THE REVISED CODE, TO ELIGIBLE INDIVIDUALS
161
WITH DISABILITIES AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,854
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,855
DISABILITY AT THE TIME OF THE DEPOSIT OF STATE FUNDS IN THE 6,856
INSTITUTION.
Sec. 135.92. (A) AN ELIGIBLE LENDING INSTITUTION SHALL 6,858
ENTER INTO A DEPOSIT AGREEMENT WITH THE TREASURER OF STATE, WHICH 6,859
AGREEMENT SHALL INCLUDE REQUIREMENTS NECESSARY TO CARRY OUT THE 6,860
PURPOSES OF SECTIONS 135.91 TO 135.97 OF THE REVISED CODE. THESE 6,861
REQUIREMENTS SHALL REFLECT THE MARKET CONDITIONS PREVAILING IN 6,862
THE ELIGIBLE LENDING INSTITUTION'S LENDING AREA.
(B)(1) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF 6,864
THIS SECTION SHALL INCLUDE PROVISIONS FOR CERTIFICATES OF DEPOSIT 6,865
TO BE PLACED FOR ANY MATURITY CONSIDERED APPROPRIATE BY THE 6,866
TREASURER OF STATE NOT TO EXCEED TWO YEARS, BUT MAY BE RENEWED 6,867
FOR UP TO AN ADDITIONAL TWO YEARS AT THE OPTION OF THE TREASURER 6,868
OF STATE. INTEREST SHALL BE PAID AT THE TIMES DETERMINED BY THE 6,869
TREASURER OF STATE.
(2) THE DEPOSIT AGREEMENT REQUIRED BY DIVISION (A) OF THIS 6,871
SECTION MAY INCLUDE A SPECIFICATION OF THE PERIOD OF TIME IN 6,872
WHICH THE LENDING INSTITUTION IS TO LEND FUNDS UPON THE PLACEMENT 6,873
OF A LINKED DEPOSIT.
(C) ELIGIBLE LENDING INSTITUTIONS SHALL COMPLY FULLY WITH 6,875
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE AND WITH THIS 6,876
CHAPTER.
Sec. 135.93. (A) AN ELIGIBLE LENDING INSTITUTION THAT 6,878
DESIRES TO RECEIVE AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT 6,879
SHALL ACCEPT AND REVIEW APPLICATIONS FOR LOANS FROM ELIGIBLE 6,880
INDIVIDUALS WITH DISABILITIES. THE LENDING INSTITUTION SHALL 6,881
APPLY ALL USUAL LENDING STANDARDS TO DETERMINE THE
CREDITWORTHINESS OF EACH ELIGIBLE INDIVIDUAL WITH A DISABILITY. 6,882
(B)(1) THE ELIGIBLE FINANCIAL INSTITUTION SHALL FORWARD TO 6,884
THE TREASURER OF STATE AN ASSISTIVE TECHNOLOGY DEVICE LINKED 6,885
DEPOSIT LOAN PACKAGE, IN THE FORM AND MANNER AS PRESCRIBED BY THE 6,886
TREASURER OF STATE.
162
(2) THE PACKAGE REQUIRED BY DIVISION (B)(1) OF THIS 6,888
SECTION SHALL INCLUDE SUCH INFORMATION AS REQUIRED BY THE 6,889
TREASURER OF STATE, INCLUDING THE AMOUNT OF THE LOAN REQUESTED 6,890
AND A NOTE FROM THE PHYSICIAN OF THE ELIGIBLE INDIVIDUAL WITH A 6,891
DISABILITY THAT ATTESTS TO THE INDIVIDUAL'S DISABILITY, SPECIFIES 6,892
THAT THE INDIVIDUAL WOULD BENEFIT FROM AN ASSISTIVE TECHNOLOGY 6,893
DEVICE, AND IDENTIFIES WHAT ASSISTIVE TECHNOLOGY DEVICE WOULD BE 6,894
THE MOST APPROPRIATE FOR THE INDIVIDUAL.
(3) THE INSTITUTION SHALL CERTIFY THAT EACH APPLICANT IS 6,896
AN ELIGIBLE INDIVIDUAL WITH A DISABILITY, AND SHALL CERTIFY THE 6,897
PRESENT BORROWING RATE APPLICABLE TO EACH ELIGIBLE INDIVIDUAL. 6,898
(C) AN ELIGIBLE INDIVIDUAL WITH A DISABILITY SHALL CERTIFY 6,900
ON THE INDIVIDUAL'S LOAN APPLICATION THAT THE REDUCED RATE LOAN 6,901
WILL BE USED EXCLUSIVELY TO OBTAIN AN ASSISTIVE TECHNOLOGY 6,902
DEVICE.
(D) WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN OR 6,904
CONCERNING AN INDIVIDUAL'S APPLICATION FOR A LOAN UNDER SECTIONS 6,905
135.91 TO 135.97 OF THE REVISED CODE IS GUILTY OF THE OFFENSE OF 6,906
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE.
Sec. 135.94. (A) UPON THE PLACEMENT OF AN ASSISTIVE 6,908
TECHNOLOGY DEVICE LINKED DEPOSIT WITH AN ELIGIBLE LENDING 6,909
INSTITUTION, THE INSTITUTION SHALL LEND FUNDS TO EACH APPROVED 6,910
ELIGIBLE INDIVIDUAL WITH DISABILITIES LISTED IN THE ASSISTIVE 6,911
TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE REQUIRED BY SECTION 6,912
135.93 OF THE REVISED CODE AND IN ACCORDANCE WITH THE DEPOSIT
AGREEMENT REQUIRED BY SECTION 135.92 OF THE REVISED CODE. 6,913
(B) THE LOAN OF FUNDS DESCRIBED IN DIVISION (A) OF THIS 6,915
SECTION SHALL BE AT AN INTEREST RATE OF THREE PER CENT BELOW THE 6,916
PRESENT BORROWING RATE APPLICABLE TO EACH INDIVIDUAL WITH A 6,917
DISABILITY.
(C) AN ELIGIBLE LENDING INSTITUTION SHALL CERTIFY 6,919
COMPLIANCE WITH THIS SECTION IN THE FORM AND MANNER PRESCRIBED BY 6,920
THE TREASURER OF STATE.
Sec. 135.95. (A) THE TREASURER OF STATE MAY ACCEPT OR 6,922
163
REJECT AN ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT LOAN PACKAGE 6,923
OR ANY PORTION OF THE PACKAGE REQUIRED BY SECTION 135.93 OF THE 6,924
REVISED CODE, BASED ON THE TREASURER'S EVALUATION OF EACH 6,925
ELIGIBLE INDIVIDUAL WITH DISABILITIES INCLUDED IN THE PACKAGE AND
THE AMOUNT OF STATE FUNDS TO BE DEPOSITED. 6,926
(B) UPON ACCEPTANCE OF THE ASSISTIVE TECHNOLOGY DEVICE 6,928
LINKED DEPOSIT LOAN PACKAGE OR ANY PORTION OF THE PACKAGE 6,929
REQUIRED BY SECTION 135.93 OF THE REVISED CODE, THE TREASURER OF 6,930
STATE MAY PLACE CERTIFICATES OF DEPOSIT WITH THE ELIGIBLE LENDING 6,931
INSTITUTION AT THREE PER CENT BELOW CURRENT MARKET RATES, AS
DETERMINED AND CALCULATED BY THE TREASURER OF STATE. HOWEVER, 6,932
WHEN NECESSARY, THE TREASURER OF STATE MAY PLACE CERTIFICATES OF 6,933
DEPOSIT PRIOR TO ACCEPTANCE OF AN ASSISTIVE TECHNOLOGY DEVICE 6,934
LINKED DEPOSIT LOAN PACKAGE.
Sec. 135.96. (A) THE TREASURER OF STATE SHALL TAKE ALL 6,936
STEPS, INCLUDING THE DEVELOPMENT OF GUIDELINES, NECESSARY TO 6,937
IMPLEMENT THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSIT PROGRAM 6,938
ESTABLISHED UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE 6,939
AND MONITOR COMPLIANCE OF ELIGIBLE LENDING INSTITUTIONS AND
ELIGIBLE INDIVIDUALS WITH DISABILITIES. 6,940
(B)(1) ANNUALLY, BY THE FIRST DAY OF FEBRUARY, THE 6,942
TREASURER OF STATE SHALL REPORT ON THE ASSISTIVE TECHNOLOGY 6,943
DEVICE LINKED DEPOSIT PROGRAM ESTABLISHED UNDER SECTIONS 135.91 6,944
TO 135.97 OF THE REVISED CODE FOR THE PRECEDING CALENDAR YEAR TO 6,945
THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND 6,946
THE PRESIDENT OF THE SENATE.
(2) THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS SECTION 6,948
SHALL SET FORTH THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS 6,949
MADE BY THE TREASURER OF STATE UNDER THE PROGRAM DURING THE YEAR 6,950
AND SHALL INCLUDE INFORMATION REGARDING BOTH OF THE FOLLOWING: 6,951
(a) THE NATURE, TERMS, AND AMOUNTS OF THE LOANS UPON WHICH 6,953
THE ASSISTIVE TECHNOLOGY DEVICE LINKED DEPOSITS WERE BASED; 6,954
(b) THE ELIGIBLE INDIVIDUALS WITH DISABILITIES TO WHOM THE 6,956
LOANS WERE MADE. 6,957
164
(3) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL 6,959
TRANSMIT COPIES OF THE REPORT REQUIRED BY DIVISION (B)(1) OF THIS 6,960
SECTION TO THE CHAIRPERSON OF THE STANDING HOUSE OF 6,961
REPRESENTATIVES COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION 6,962
REGARDING HUMAN SERVICES, AND THE PRESIDENT OF THE SENATE SHALL 6,963
TRANSMIT COPIES OF THE REPORT TO THE CHAIRPERSON OF THE STANDING 6,964
SENATE COMMITTEE THAT CUSTOMARILY CONSIDERS LEGISLATION REGARDING
HUMAN SERVICES. 6,965
Sec. 135.97. (A) THE STATE AND THE TREASURER OF STATE ARE 6,967
NOT LIABLE TO ANY ELIGIBLE LENDING INSTITUTION IN ANY MANNER FOR 6,968
PAYMENT OF THE PRINCIPAL OR INTEREST ON A LOAN MADE UNDER 6,969
SECTIONS 135.91 TO 135.97 OF THE REVISED CODE TO AN ELIGIBLE 6,970
INDIVIDUAL WITH A DISABILITY.
(B) ANY DELAY IN PAYMENTS OR DEFAULT ON THE PART OF AN 6,972
ELIGIBLE INDIVIDUAL WITH A DISABILITY WITH RESPECT TO A LOAN MADE 6,973
UNDER SECTIONS 135.91 TO 135.97 OF THE REVISED CODE DOES NOT IN 6,974
ANY MANNER AFFECT THE DEPOSIT AGREEMENT BETWEEN THE ELIGIBLE 6,975
LENDING INSTITUTION AND THE TREASURER OF STATE.
Sec. 149.30. The Ohio historical society, chartered by 6,985
this state as a corporation not for profit to promote a knowledge 6,986
of history and archaeology, especially of Ohio, and operated 6,987
continuously in the public interest since 1885, may perform 6,988
public functions as prescribed by law. 6,989
The general assembly may appropriate money to the Ohio 6,991
historical society each biennium to carry out the public 6,992
functions of the society as enumerated in this section. An 6,993
appropriation by the general assembly to the society constitutes 6,994
an offer to contract with the society to carry out those public 6,995
functions for which appropriations are made. An acceptance by 6,996
the society of the appropriated funds constitutes an acceptance 6,997
by the society of the offer and is considered an agreement by the 6,998
society to perform those functions in accordance with the terms 6,999
of the appropriation and the law and to expend the funds only for 7,000
the purposes for which appropriated. The governor may request on 7,001
165
behalf of the society, and the controlling board may release, 7,002
additional funds to the society for survey, salvage, repair, or 7,003
rehabilitation of an emergency nature for which funds have not 7,004
been appropriated, and acceptance by the society of such moneys 7,005
THOSE FUNDS constitutes an agreement on the part of the society 7,006
to expend such THOSE funds only for the purpose for which 7,008
released by the controlling board. 7,009
The society shall faithfully expend and apply all moneys 7,011
received from the state to the uses and purposes directed by law 7,012
and for necessary administrative expenses. The society shall 7,013
perform the public function of sending notice by certified mail 7,014
to the owner of any property at the time it is listed on the 7,015
national register of historic places. The society shall 7,016
accurately record all expenditures of such funds in conformity 7,017
with generally accepted accounting principles. 7,018
The auditor of state shall audit all funds and fiscal 7,020
records of the society. 7,021
The public functions to be performed by the Ohio historical 7,023
society shall include ALL OF THE FOLLOWING: 7,024
(A) Creating, supervising, operating, protecting, 7,026
maintaining, and promoting for public use a system of state 7,027
memorials, titles to which may reside wholly or in part with this 7,028
state or wholly or in part with the society as provided in and in 7,029
conformity to appropriate acts and resolves of the general 7,030
assembly, and leasing for renewable periods of two years or less, 7,031
with the advice and consent of the attorney general and the 7,032
director of administrative services, lands and buildings owned by 7,033
the state which are in the care, custody, and control of the 7,034
society, all of which shall be maintained and kept for public use 7,035
at reasonable hours; 7,036
(B) Making alterations and improvements, marking, and 7,038
constructing, reconstructing, protecting, or restoring 7,039
structures, earthworks, and monuments in its care, and equipping 7,040
such facilities with appropriate educational maintenance 7,041
166
facilities; 7,042
(C) Serving as the archives administration for the state 7,044
and its political subdivisions as provided in sections 149.31 to 7,045
149.42 of the Revised Code; 7,046
(D) Administering a state historical museum, to be the 7,048
headquarters of the society and its principal museum and library, 7,049
which shall be maintained and kept for public use at reasonable 7,050
hours; 7,051
(E) Establishing a marking system to identify all 7,053
designated historic and archaeological sites within the state and 7,054
marking or causing to be marked historic sites and communities 7,055
considered by the society to be historically or archaeologically 7,056
significant; 7,057
(F) Publishing books, pamphlets, periodicals, and other 7,059
publications about history, archaeology, and natural science and 7,060
supplying one copy of each regular periodical issue to all public 7,061
libraries in this state without charge; 7,062
(G) Engaging in research in history, archaeology, and 7,064
natural science and providing historical information upon request 7,065
to all state agencies; 7,066
(H) Collecting, preserving, and making available by all 7,068
appropriate means and under approved safeguards all manuscript, 7,069
print, or near-print library collections and all historical 7,070
objects, specimens, and artifacts which pertain to the history of 7,071
Ohio and its people, including the following original documents: 7,072
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 7,073
Ohio Constitution of 1875; design and the letters of patent and 7,074
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 7,075
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 7,076
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 7,077
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 7,078
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 7,079
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 7,080
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 7,081
167
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 7,082
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 7,083
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 7,084
(1947); 7,085
(I) Encouraging and promoting the organization and 7,087
development of county and local historical societies; 7,088
(J) Providing Ohio schools with such materials at cost or 7,090
near cost as the society may prepare to facilitate the 7,091
instruction of Ohio history; 7,092
(K) Providing advisory and technical assistance to local 7,094
societies for the preservation and restoration of historic and 7,095
archaeological sites; 7,096
(L) Devising uniform criteria for the designation of 7,098
historic and archaeological sites throughout the state and 7,099
advising local historical societies of the criteria and their 7,100
application; 7,101
(M) Taking inventory, in cooperation with the Ohio arts 7,103
council, the Ohio archaeological council, and the archaeological 7,104
society of Ohio, of significant designated and undesignated state 7,105
and local sites and keeping an active registry of all designated 7,106
sites within the state; 7,107
(N) Contracting with the owners or persons having an 7,109
interest in designated historic or archaeological sites or 7,110
property adjacent or contiguous to such THOSE sites, or 7,111
acquiring, by purchase, gift, or devise, easements in such THOSE 7,113
sites or in property adjacent or contiguous to such THOSE sites, 7,115
in order to control or restrict the use of such THOSE historic or 7,117
archaeological sites or adjacent or contiguous property for the 7,119
purpose of restoring or preserving the historical or 7,120
archaeological significance or educational value of such THOSE 7,121
sites;
(O) Constructing a monument honoring Governor James A. 7,123
Rhodes, which shall stand on the northeast quadrant of the 7,124
grounds surrounding the capitol building. The monument shall be 7,125
168
constructed with private funds donated to the Ohio historical 7,126
society and designated for this purpose. No public funds shall 7,127
be expended to construct this monument. The department of 7,128
administrative services shall cooperate with the Ohio historical 7,129
society in carrying out this function and shall maintain the 7,130
monument in a manner compatible with the grounds of the capitol 7,131
building. 7,132
(P) COMMISSIONING A PORTRAIT OF EACH DEPARTING GOVERNOR, 7,134
WHICH SHALL BE DISPLAYED IN THE CAPITOL BUILDING. THE OHIO 7,135
HISTORICAL SOCIETY MAY ACCEPT PRIVATE CONTRIBUTIONS DESIGNATED 7,136
FOR THIS PURPOSE AND, AT THE DISCRETION OF ITS BOARD OF TRUSTEES, 7,137
ALSO MAY APPLY FOR THE SAME PURPOSE FUNDS APPROPRIATED BY THE 7,138
GENERAL ASSEMBLY TO THE SOCIETY PURSUANT TO THIS SECTION.
(Q) Planning and developing a center at the capitol 7,140
building for the purpose of educating visitors about the history 7,141
of ohio OHIO, including its political, economic, and social 7,142
development and the design and erection of the capitol building 7,143
and its grounds. The Ohio historical society may accept 7,144
contributions of private moneys and in-kind services designated 7,145
for this purpose and may, at the discretion of its board of 7,146
trustees, also apply, for the same purpose, personnel and other 7,147
resources paid in whole or in part by its state subsidy. 7,148
(Q)(R) Submitting an annual report of its activities, 7,150
programs, and operations to the governor within two months after 7,151
the close of each fiscal year of the state. 7,152
The society shall not sell, mortgage, transfer, or dispose 7,154
of historical or archaeological sites to which it has title and 7,155
in which the state has monetary interest except by action of the 7,156
general assembly. 7,157
In consideration of the public functions performed by the 7,159
Ohio historical society for the state, employees of the society 7,160
shall be considered public employees within the meaning of 7,161
section 145.01 of the Revised Code. 7,162
Sec. 166.03. (A) There is hereby created the facilities 7,171
169
establishment fund within the state treasury, consisting of 7,172
proceeds from the issuance of obligations as specified under 7,173
section 166.08 of the Revised Code; the moneys received by the 7,174
state from the sources specified in section 166.09 of the Revised 7,175
Code; service charges imposed under sections 166.06 and 166.07 of 7,176
the Revised Code; any grants, gifts, or contributions of moneys 7,177
received by the director of development to be used for loans made 7,178
under section 166.07 of the Revised Code or for the payment of 7,179
the allowable costs of project facilities; and all other moneys 7,180
appropriated or transferred to the fund. Moneys in the loan 7,181
guarantee fund in excess of four per cent of the unpaid principal 7,182
amount of loan repayments guaranteed under section 166.06 of the 7,183
Revised Code, but subject to the provisions and requirements of 7,184
any guarantee contracts, may be transferred to the facilities 7,185
establishment fund by the treasurer of state upon the order of 7,186
the director of development. Moneys received by the state under 7,187
Chapter 122. of the Revised Code, to the extent allocable to the 7,188
utilization of moneys derived from proceeds of the sale of 7,189
obligations pursuant to section 166.08 of the Revised Code, shall 7,190
be credited to the facilities establishment fund. 7,191
(B) All moneys appropriated or transferred to the 7,193
facilities establishment fund may be released at the request of 7,194
the director for payment of allowable costs or the making of 7,195
loans under this chapter, for transfer to the loan guarantee fund 7,196
established in section 166.06 of the Revised Code, or for use for 7,197
the purpose of or transfer to the funds established by sections 7,199
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 7,201
UNTIL JULY 1, 2001, SECTION 166.031 of the Revised Code, but only 7,202
for such of those purposes as are within the authorization of 7,204
Section 13 of Article VIII, Ohio Constitution, in all cases 7,205
subject to the approval of the controlling board. 7,206
(C) Moneys transferred to the facilities establishment 7,208
fund under section 3734.82 of the Revised Code shall be used 7,209
170
exclusively for eligible projects that recover or recycle energy 7,210
from scrap tires, as "scrap tires" is defined in section 3734.01 7,211
of the Revised Code, for any of the following purposes: 7,212
(1) Making loans under this chapter; 7,214
(2) Making grants; 7,216
(3) Providing other incentives, including, without 7,218
limitation, entering into contracts with private entities to 7,219
conduct environmental studies or tests for eligible projects that 7,220
propose to recover energy from scrap tires. 7,221
The director shall adopt rules under division (B)(9) of 7,223
section 166.02 of the Revised Code for the purpose of 7,224
administering this division. 7,225
(D) The department of development, in the administration 7,227
of the facilities establishment fund, is encouraged to utilize 7,228
and promote the utilization of, to the maximum practicable 7,229
extent, the other existing programs, business incentives, and tax 7,230
incentives that department is required or authorized to 7,231
administer or supervise. 7,232
Sec. 166.032. (A) THERE IS HEREBY CREATED IN THE STATE 7,235
TREASURY THE SCRAP TIRE LOANS AND GRANTS FUND, CONSISTING OF 7,237
MONEYS TRANSFERRED TO THE FUND UNDER SECTION 3734.82 OF THE 7,239
REVISED CODE. MONEYS SHALL BE USED EXCLUSIVELY FOR ELIGIBLE 7,241
PROJECTS THAT RECOVER, USE, OR RECYCLE ENERGY FROM SCRAP TIRES, 7,243
AS "SCRAP TIRES" IS DEFINED IN SECTION 3734.01 OF THE REVISED 7,244
CODE, OR FOR ELIGIBLE PROJECTS THAT REMOVE SCRAP TIRES FROM BEING 7,246
DISPOSED OF AS SOLID WASTE UNDER CHAPTER 3734. OF THE REVISED 7,247
CODE, FOR ANY OF THE FOLLOWING PURPOSES:
(1) MAKING LOANS UNDER THIS CHAPTER; 7,249
(2) MAKING GRANTS; 7,251
(3) PROVIDING OTHER INCENTIVES, INCLUDING, WITHOUT 7,253
LIMITATION, ENTERING INTO CONTRACTS WITH PRIVATE ENTITIES TO 7,254
CONDUCT ENVIRONMENTAL STUDIES OR TESTS FOR ELIGIBLE PROJECTS THAT 7,255
PROPOSE TO RECOVER ENERGY FROM SCRAP TIRES. 7,256
(B) THE DIRECTOR OF DEVELOPMENT SHALL ADOPT RULES UNDER 7,258
171
DIVISION (B)(9) OF SECTION 166.02 OF THE REVISED CODE FOR THE 7,260
PURPOSE OF ADMINISTERING THIS SECTION. 7,261
Sec. 166.05. (A) In determining the projects to be 7,270
assisted and the nature, amount, and terms of assistance to be 7,271
provided for an eligible project under this chapter: 7,272
(1) Except as otherwise provided in division (A)(3) of 7,274
this section, the director of development shall take into 7,275
consideration all of the following: 7,276
(a) The number of jobs to be created or preserved, 7,278
directly or indirectly; 7,279
(b) Payrolls, and the taxes generated, at both state and 7,281
local levels, by the eligible project and by the employment 7,282
created or preserved by the eligible project; 7,283
(c) The size, nature, and cost of the eligible project, 7,285
including the prospect of the project for providing long-term 7,286
jobs in enterprises consistent with the changing economics of the 7,287
state and the nation; 7,288
(d) The needs, and degree of needs, of the area in which 7,290
the eligible project is to be located; 7,291
(e) The needs of any private sector enterprise to be 7,293
assisted; 7,294
(f) The competitive effect of the assistance on other 7,296
enterprises providing jobs for people of the state; 7,297
(g) The amount and kind of assistance, if any, to be 7,299
provided to the private sector enterprise by other governmental 7,300
agencies through tax exemption or abatement, financing assistance 7,301
with industrial development bonds, and otherwise, with respect to 7,302
the eligible project; 7,303
(h) The impact of the eligible project and its operations 7,305
on local government services, including school services, and on 7,306
public facilities; 7,307
(i) The effect of the assistance on the loss of or damage 7,309
to or destruction of prime farmland, or the removal from 7,310
agricultural production of prime farmland. As used in this 7,311
172
section, "prime farmland" means agricultural land that meets the 7,312
criteria for this classification as defined by the United States 7,313
soil conservation service. 7,314
(j) The length of time the operator of the project has 7,316
been operating facilities within the state; 7,317
(k) The reservation of financial assistance made by the 7,319
general assembly for small business concerns. 7,320
(2) The benefits to the local area, including taxes, jobs, 7,322
and reduced unemployment and reduced welfare costs, among others, 7,323
may be accorded value in the leasing or sales of project 7,324
facilities and in loan and guarantee arrangements. 7,325
(3) For the purpose of making the determination required 7,327
under division (A) of this section for loans, grants, or other 7,328
incentives for eligible projects under division (C) of section 7,329
166.03 of the Revised Code, the director may consider factors 7,330
different from and in lieu of those established in divisions 7,331
(A)(1)(a) to (k) of this section as provided in rules adopted 7,332
pursuant to division (C) of section 166.03 of the Revised Code. 7,333
(B) Prior to granting final approval of the assistance to 7,335
be provided, the director shall determine that the benefits to be 7,337
derived by the state and local area from the establishment or 7,338
development, and operation, of the eligible project will exceed 7,339
the cost of providing such assistance and, except as provided in 7,340
division (C)(2) of this section, shall submit to the development 7,342
financing advisory council and to the controlling board a copy of 7,344
that determination including the basis for the determination. 7,345
(C)(1) Except as provided in division (C)(2) of this 7,348
section, prior to the submission provided for in division (B) of 7,350
this section to the controlling board, the director shall submit 7,351
to the development financing advisory council data pertinent to 7,353
the considerations set forth in division (A) of this section, the 7,354
terms of the proposed assistance, and such other relevant
information as the development financing advisory council may 7,356
request. 7,357
173
(2) The director is not required to submit any 7,359
determination, data, terms, or other application materials or 7,360
information to the development financing advisory council when 7,361
provision of the assistance has been recommended to the director 7,363
by a regional economic development entity.
(D) The development financing advisory council, on the 7,365
basis of such data, shall make recommendations as to the 7,367
appropriateness of the assistance to be provided. The 7,368
recommendations may be revised to reflect any changes in the 7,369
proposed assistance as the director may submit to the council. 7,371
The recommendations, as amended, of the council as to the 7,372
appropriateness of the proposed assistance shall be submitted to 7,373
the controlling board. 7,374
(E) Financial statements and other data submitted to the 7,376
director of development, the development financing advisory 7,377
council, or the controlling board by any private sector person in 7,379
connection with financial assistance under this chapter, or any 7,380
information taken from such statements or data for any purpose, 7,381
shall not be open to public inspection. The development 7,382
financing advisory council in considering confidential 7,383
information in connection with financial assistance under this 7,385
chapter may, only for consideration of the confidential 7,386
information referred to, and in the manner provided in division 7,387
(E) of section 121.22 of the Revised Code, close the meeting 7,388
during such consideration.
Sec. 169.02. Subject to division (B) of section 169.01 of 7,397
the Revised Code, the following constitute unclaimed funds: 7,398
(A) Except as provided in division (R) of this section, 7,401
any demand, savings, or matured time deposit account, or matured 7,402
certificate of deposit, together with any interest or dividend on 7,403
it, less any lawful claims, that is held or owed by a holder 7,404
which is a financial organization, unclaimed for a period of five 7,405
years;
(B) Any funds paid toward the purchase of withdrawable 7,407
174
shares or other interest in a financial organization, and any 7,408
interest or dividends on them, less any lawful claims, that is 7,409
held or owed by a holder which is a financial organization, 7,410
unclaimed for a period of five years; 7,411
(C) Except as provided in division (A) of section 3903.45 7,413
of the Revised Code, moneys held or owed by a holder, including a 7,414
fraternal association, providing life insurance, including 7,415
annuity or endowment coverage, unclaimed for five THREE years 7,416
after becoming payable as established from the records of such 7,418
holder under any life or endowment insurance policy or annuity 7,419
contract that has matured or terminated. An insurance policy, 7,420
the proceeds of which are payable on the death of the insured, 7,421
not matured by proof of death of the insured is deemed matured 7,422
and the proceeds payable if such policy was in force when the 7,423
insured attained the limiting age under the mortality table on 7,424
which the reserve is based. 7,425
Moneys otherwise payable according to the records of such 7,427
holder are deemed payable although the policy or contract has not 7,428
been surrendered as required. 7,429
(D) Any deposit made to secure payment or any sum paid in 7,431
advance for utility services of a public utility and any amount 7,432
refundable from rates or charges collected by a public utility 7,433
for utility services held or owed by a holder, less any lawful 7,434
claims, that has remained unclaimed for five years ONE YEAR after 7,436
the termination of the services for which the deposit or advance 7,437
payment was made or five years ONE YEAR from the date the refund 7,438
was payable, whichever is earlier; 7,440
(E) Except as provided in division (R) of this section, 7,443
any certificates, securities as defined in section 1707.01 of the 7,444
Revised Code, nonwithdrawable shares, other instruments 7,445
evidencing ownership, or rights to them or funds paid toward the 7,446
purchase of them, or any dividend, capital credit, profit, 7,447
distribution, interest, or payment on principal or other sum, 7,448
held or owed by a holder, including funds deposited with a fiscal 7,449
175
agent or fiduciary for payment of them, unclaimed for five years, 7,450
except, in the case of AND instruments representing an ownership 7,451
interest, unclaimed for seven FIVE years. ANY UNDERLYING SHARE 7,452
OR OTHER INTANGIBLE INSTRUMENT REPRESENTING AN OWNERSHIP INTEREST 7,453
IN A BUSINESS ASSOCIATION, IN WHICH THE ISSUER HAS RECORDED ON 7,454
ITS BOOKS THE ISSUANCE OF THE SHARE BUT HAS BEEN UNABLE TO 7,455
DELIVER THE CERTIFICATE TO THE SHAREHOLDER, CONSTITUTES UNCLAIMED 7,456
FUNDS IF SUCH UNDERLYING SHARE IS UNCLAIMED FOR FIVE YEARS. IN 7,457
ADDITION, AN UNDERLYING SHARE CONSTITUTES UNCLAIMED FUNDS IF A 7,458
DIVIDEND, DISTRIBUTION, OR OTHER SUM PAYABLE AS A RESULT OF THE 7,459
UNDERLYING SHARE HAS REMAINED UNCLAIMED BY THE OWNER FOR FIVE 7,460
YEARS.
This division shall not prejudice the rights of fiscal 7,462
agents or fiduciaries for payment to return the items described 7,463
in this division to their principals, according to the terms of 7,464
an agency or fiduciary agreement, but such a return shall 7,465
constitute the principal as the holder of the items and shall not 7,466
interrupt the period for computing the time for which the items 7,467
have remained unclaimed. 7,468
In the case of any such funds accruing and held or owed by 7,470
a corporation under division (E) of section 1701.24 of the 7,471
Revised Code, such corporation shall comply with this chapter, 7,472
subject to the limitation contained in section 1701.34 of the 7,473
Revised Code. The period of time for which such funds have gone 7,474
unclaimed specified in section 1701.34 of the Revised Code shall 7,475
be computed, with respect to dividends or distributions, 7,476
commencing as of the dates when such dividends or distributions 7,477
would have been payable to the shareholder had such shareholder 7,478
surrendered the certificates for cancellation and exchange by the 7,479
date specified in the order relating to them. 7,480
Capital credits of a cooperative which after January 1, 7,482
1972, have been allocated to members and which by agreement are 7,483
expressly required to be paid if claimed after death of the owner 7,484
are deemed payable, for the purpose of this chapter, fifteen 7,485
176
years after either the termination of service by the cooperative 7,486
to the owner or upon the nonactivity as provided in division (B) 7,487
of section 169.01 of the Revised Code, whichever occurs later, 7,488
provided that this provision does not apply if the payment is not 7,489
mandatory. 7,490
(F) Any sum payable on certified checks or other written 7,492
instruments certified or issued and representing funds held or 7,493
owed by a holder, less any lawful claims, that are unclaimed for 7,494
five years, except, in the case of money orders which are not 7,495
third party bank checks, that are unclaimed for seven years, and 7,496
in the case of traveler's checks, that are unclaimed for fifteen 7,497
years, from the date payable, or from the date of issuance if 7,498
payable on demand. 7,499
As used in this division, "written instruments" include, 7,501
but are not limited to, certified checks, cashier's checks, bills 7,502
of exchange, letters of credit, drafts, money orders, and 7,503
traveler's checks. 7,504
If there is no address of record for the owner or other 7,506
person entitled to the funds, such address is presumed to be the 7,507
address where the instrument was certified or issued. 7,508
(G) Except as provided in division (R) of this section, 7,511
all moneys, rights to moneys, or other intangible property, 7,512
arising out of the business of engaging in the purchase or sale 7,513
of securities, or otherwise dealing in intangibles, less any 7,514
lawful claims, that are held or owed by a holder and are 7,515
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 7,517
of the Revised Code, all moneys, rights to moneys, and other 7,518
intangible property distributable in the course of dissolution or 7,519
liquidation of a holder that are unclaimed for one year after the 7,520
date set by the holder for distribution; 7,521
(I) All moneys, rights to moneys, or other intangible 7,523
property removed from a safe-deposit box or other safekeeping 7,524
repository located in this state or removed from a safe-deposit 7,525
177
box or other safekeeping repository of a holder, on which the 7,526
lease or rental period has expired, or any amount arising from 7,527
the sale of such property, less any lawful claims, that are 7,528
unclaimed for five THREE years from the date on which the lease 7,529
or rental period expired; 7,531
(J) Subject to division (M)(2) of this section, all 7,533
moneys, rights to moneys, or other intangible property, and any 7,534
income or increment on them, held or owed by a holder which is a 7,535
fiduciary for the benefit of another, or a fiduciary or custodian 7,536
of a qualified retirement plan or individual retirement 7,537
arrangement under section 401 or 408 of the Internal Revenue 7,538
Code, unclaimed for five THREE years after the final date for 7,539
distribution; 7,540
(K) All moneys, rights to moneys, or other intangible 7,542
property held or owed in this state or held for or owed to an 7,543
owner whose last known address is within this state, by the 7,544
United States government or any state, as those terms are 7,545
described in division (E) of section 169.01 of the Revised Code, 7,546
unclaimed by the owner for five THREE years, excluding any 7,547
property in the control of any court in a proceeding in which a 7,549
final adjudication has not been made; 7,550
(L) Amounts payable pursuant to the terms of any policy of 7,552
insurance, other than life insurance, or any refund available 7,553
under such a policy, held or owed by any holder, unclaimed for 7,554
five THREE years from the date payable or distributable; 7,555
(M)(1) Subject to division (M)(2) of this section, any 7,557
funds constituting rents or lease payments due, any deposit made 7,558
to secure payment of rents or leases, or any sum paid in advance 7,559
for rents, leases, possible damage to property, unused services, 7,560
performance requirements, or any other purpose, held or owed by a 7,561
holder unclaimed for five years ONE YEAR; 7,562
(2) Any escrow funds, security deposits, or other moneys 7,564
that are received by a licensed broker in a fiduciary capacity 7,565
and that, pursuant to division (A)(26) of section 4735.18 of the 7,566
178
Revised Code, are required to be deposited into and maintained in 7,567
a special or trust, noninterest-bearing bank account separate and 7,568
distinct from any personal or other account of the licensed 7,569
broker, held or owed by the licensed broker unclaimed for two 7,570
years. 7,571
(N) Any sum payable as wages, salaries, or commissions, 7,573
any sum payable for services rendered, funds owed or held as 7,574
royalties, oil and mineral proceeds, funds held for or owed to 7,575
suppliers, AND moneys owed under pension and profit-sharing 7,576
plans, and all other credits, held or owed by any holder 7,577
unclaimed for one year from date payable or distributable, AND 7,578
ALL OTHER CREDITS HELD OR OWED BY ANY HOLDER UNCLAIMED FOR THREE 7,579
YEARS FROM DATE PAYABLE OR DISTRIBUTABLE; 7,580
(O) Amounts held in respect of or represented by lay-aways 7,582
sold after January 1, 1972, less any lawful claims, when such 7,583
lay-aways are unclaimed for three years after the sale of them; 7,584
(P) All moneys, rights to moneys, and other intangible 7,586
property not otherwise constituted as unclaimed funds by this 7,587
section, including any income or increment on them, less any 7,588
lawful claims, which are held or owed by any holder, other than a 7,589
holder which holds a permit issued pursuant to Chapter 3769. of 7,590
the Revised Code, and which have remained unclaimed for five 7,591
THREE years after becoming payable or distributable; 7,593
(Q) All moneys that arise out of a sale held pursuant to 7,595
section 5322.03 of the Revised Code, that are held by a holder 7,596
for delivery on demand to the appropriate person pursuant to 7,597
division (I) of that section, and that are unclaimed for two 7,598
years after the date of the sale. 7,599
(R)(1) Any funds that are subject to an agreement between 7,602
the holder and owner providing for automatic reinvestment and 7,603
that constitute dividends, distributions, or other sums held or 7,604
owed by a holder in connection with a security or intangible 7,605
property, or with any other routine or periodic payment related 7,606
to a certificate of deposit, unclaimed for a period of five 7,607
179
years; provided that if the funds are held or owed by a holder in 7,608
connection with a security or intangible property, the security 7,609
or intangible property represents AS DEFINED IN SECTION 1707.01 7,610
OF THE REVISED CODE, an ownership interest in an investment 7,611
company registered under the "Investment Company Act of 1940," 54 7,612
Stat. 789, 15 U.S.C. 80a-1, as amended, OR A CERTIFICATE OF 7,613
DEPOSIT, UNCLAIMED FOR A PERIOD OF FIVE YEARS. 7,614
(2) The five-year period under division (R)(1) of this 7,616
section commences from the date a second shareholder notification 7,617
or communication mailing to the owner of the funds is returned to 7,618
the holder as undeliverable by the United States postal service 7,619
or other carrier. The notification or communication mailing by 7,620
the holder shall be no less frequent than quarterly. 7,621
(3) As used in division (R)(1) of this section, "security" 7,623
has the same meaning as in section 1707.01 of the Revised Code. 7,624
All moneys in a personal allowance account, as defined by 7,626
rules adopted by the department of human services, up to and 7,627
including the maximum resource limitation, of a medicaid patient 7,628
who has died after receiving care in a long-term care facility, 7,629
and for whom there is no identifiable heir or sponsor, are not 7,630
subject to this chapter. 7,631
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 7,640
when requested, EVERY person which could be the holder of 7,641
unclaimed funds, under this chapter shall report to the director 7,642
of commerce with respect to the unclaimed funds as provided in 7,643
this section. The report shall be verified. 7,644
(2) With respect to items of unclaimed funds each having a 7,646
value of ten FIFTY dollars or more, the report required under 7,647
division (A)(1) of this section shall include: 7,649
(a) The full name, if known, and last known address, if 7,651
any, of each person appearing from the records of the holder to 7,652
be the owner of unclaimed funds under this chapter; 7,653
(b) In the case of unclaimed funds reported by holders 7,655
providing life insurance coverage, the full name of the insured 7,656
180
or annuitant and beneficiary, if any, and their last known 7,657
addresses according to such holder's records; 7,658
(c) The nature and identifying number, if any, or 7,660
description of the funds and the amount appearing from the 7,661
records to be due; 7,662
(d) The date when the funds became payable, demandable, or 7,664
returnable and the date of the last transaction with the owner 7,665
with respect to the funds except with respect to each item of 7,666
unclaimed funds having a value of less than twenty-five dollars; 7,667
(e) Subject to division (I) of this section, the social 7,669
security number of the owner of the unclaimed funds, if it is 7,670
available;
(f) Other information which the director prescribes as 7,672
necessary for the administration of this chapter. 7,673
(3) With respect to items of unclaimed funds each having a 7,675
value of less than ten FIFTY dollars, the report required under 7,676
division (A)(1) of this section shall include: 7,677
(a) Each category of items of unclaimed funds as described 7,679
in section 169.02 of the Revised Code; 7,680
(b) The number of items of unclaimed funds within each 7,682
category; 7,683
(c) The aggregated value of the items of unclaimed funds 7,685
within each category. 7,686
(B) If the holder of unclaimed funds is a successor to 7,688
other organizations that previously held the funds for the owner, 7,689
or if the holder has changed its name while holding the funds, it 7,690
shall file with the report all prior known names and addresses 7,691
and date and state of incorporation or formation of each holder 7,692
of the funds. 7,693
(C) The report shall be filed before the first day of 7,695
November of each year as of the preceding thirtieth day of June, 7,696
but the report of holders providing life insurance coverage shall 7,697
be filed before the first day of May of each year as of the 7,698
preceding thirty-first day of December. The director may 7,699
181
postpone, for good cause shown, the reporting date upon written 7,700
request by any holder required to file a report. 7,701
(D) The holder of unclaimed funds under this chapter shall 7,703
send notice to each owner of each item of unclaimed funds having 7,704
a value of twenty-five FIFTY dollars or more at the last known 7,705
address of the owner as shown by the records of the holder before 7,707
filing the annual report. In case of holders providing life 7,708
insurance coverage, such notice shall also be mailed to each 7,709
beneficiary at the last known address of such beneficiary as 7,710
shown by the records of such holder, except that such notice to 7,711
beneficiaries shall not be mailed if such address is the same as 7,712
that of the insured and the surname of the beneficiary is the 7,713
same as that of the insured. The holder shall not report an item 7,714
of unclaimed funds earlier than the thirtieth day after the 7,715
mailing of notice required by this division. 7,716
Such notice shall set forth the nature and identifying 7,718
number, if any, or description of the funds and the amount 7,719
appearing on the records of the holder to be due the owner, and 7,720
shall inform the owner that the funds will, thirty days after the 7,721
mailing of such notice, be reported as unclaimed funds under this 7,722
chapter. A self-addressed, stamped envelope shall be included 7,723
with the notice, with instructions that the owner may use such 7,724
envelope to inform the holder of the owner's continued interest 7,726
in the funds and, if so informed before the date for making the 7,727
report to the director, the holder shall not report said funds to 7,728
the director. The notice shall be mailed by first class mail. 7,729
If there is no address of record for the owner or other person 7,730
entitled to the unclaimed funds, the holder is relieved of any 7,731
responsibility of sending notice, attempting to notify, or 7,732
notifying the owner. The mailing of notice pursuant to this 7,733
section shall discharge the holder from any further 7,734
responsibility to give notice. 7,735
(E) Verification of the report and of the mailing of 7,737
notice, where required, shall be executed by an officer of the 7,738
182
reporting holder. 7,739
(F)(1) The director may at reasonable times and upon 7,741
reasonable notice examine or cause to be examined, by auditors of 7,742
supervisory departments or divisions of the state, the records of 7,743
any holder to determine compliance with this chapter. The 7,745
(2) HOLDERS SHALL RETAIN RECORDS, DESIGNATED BY THE 7,747
DIRECTOR AS APPLICABLE TO UNCLAIMED FUNDS, FOR FIVE YEARS BEYOND 7,748
THE RELEVANT TIME PERIOD PROVIDED IN SECTION 169.02 OF THE 7,750
REVISED CODE, OR UNTIL COMPLETION OF AN AUDIT CONDUCTED PURSUANT 7,751
TO DIVISION (F) OF THIS SECTION, WHICHEVER OCCURS FIRST. AN 7,752
AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION SHALL 7,753
NOT REQUIRE A HOLDER TO MAKE RECORDS AVAILABLE FOR A PERIOD OF
TIME EXCEEDING THE RECORDS RETENTION PERIOD SET FORTH IN DIVISION 7,755
(F) OF THIS SECTION, EXCEPT FOR RECORDS PERTAINING TO INSTRUMENTS 7,756
EVIDENCING OWNERSHIP, OR RIGHTS TO THEM OR FUNDS PAID TOWARD THE 7,757
PURCHASE OF THEM, OR ANY DIVIDEND, CAPITAL CREDIT, PROFIT, 7,758
DISTRIBUTION, INTEREST, OR PAYMENT ON PRINCIPAL OR OTHER SUM, 7,759
HELD OR OWED BY A HOLDER, INCLUDING FUNDS DEPOSITED WITH A FISCAL 7,760
AGENT OR FIDUCIARY FOR PAYMENT OF THEM, OR PERTAINING TO DEBT OF 7,761
A PUBLICLY TRADED CORPORATION. ANY HOLDER THAT IS AUDITED 7,762
PURSUANT TO DIVISION (F) OF THIS SECTION SHALL ONLY BE REQUIRED 7,763
TO MAKE AVAILABLE THOSE RECORDS THAT ARE RELEVANT TO AN UNCLAIMED 7,764
FUNDS AUDIT OF THAT HOLDER AS PRESCRIBED BY THE DIRECTOR. 7,765
(3) THE director may enter into contracts, pursuant to 7,767
procedures prescribed by the director, with persons for the sole 7,768
purpose of examining the records of holders, determining 7,769
compliance with this chapter, and collecting, taking possession 7,770
of, and remitting to the department's division of unclaimed 7,771
funds, in a timely manner, the amounts found and defined as 7,772
unclaimed. Holders shall retain records, designated by the THE 7,774
director as applicable to unclaimed funds, for five years beyond 7,776
the relevant time period provided in section 169.02 of the 7,777
Revised Code, or until completion of an audit conducted pursuant 7,778
to this division, whichever occurs first SHALL NOT ENTER INTO 7,780
183
SUCH A CONTRACT WITH A PERSON UNLESS THE PERSON DOES ALL OF THE 7,781
FOLLOWING:
(a) AGREES TO MAINTAIN THE CONFIDENTIALITY OF THE RECORDS 7,783
EXAMINED, AS REQUIRED UNDER DIVISION (F)(4) OF THIS SECTION; 7,784
(b) AGREES TO CONDUCT THE AUDIT IN ACCORDANCE WITH RULES 7,786
ADOPTED UNDER SECTION 169.09 OF THE REVISED CODE; 7,787
(c) OBTAINS A CORPORATE SURETY BOND ISSUED BY A BONDING 7,788
COMPANY OR INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS 7,789
STATE. THE BOND SHALL BE IN FAVOR OF THE DIRECTOR AND IN THE 7,790
PENAL SUM DETERMINED BY THE DIRECTOR. THE BOND SHALL BE FOR THE 7,791
BENEFIT OF ANY HOLDER OF UNCLAIMED FUNDS THAT IS AUDITED BY THE 7,792
PRINCIPAL AND IS INJURED BY THE PRINCIPAL'S FAILURE TO COMPLY
WITH DIVISION (F)(3)(a) OR (b) OF THIS SECTION. 7,794
(4) Records audited pursuant to this division (F) OF THIS 7,797
SECTION are confidential, and shall not be disclosed except as 7,798
required by section 169.06 of the Revised Code or as the director 7,799
considers necessary in the proper administration of this chapter. 7,800
(5) IF A PERSON WITH WHOM THE DIRECTOR HAS ENTERED INTO A 7,802
CONTRACT PURSUANT TO DIVISION (F)(3) OF THIS SECTION INTENDS TO 7,803
CONDUCT, IN CONJUNCTION WITH AN UNCLAIMED FUNDS AUDIT UNDER THIS 7,804
SECTION, AN UNCLAIMED FUNDS AUDIT FOR THE PURPOSE OF 7,805
ADMINISTERING ANOTHER STATE'S UNCLAIMED OR ABANDONED PROPERTY 7,806
LAWS, THE PERSON, PRIOR TO COMMENCING THE AUDIT, SHALL PROVIDE 7,807
WRITTEN NOTICE TO THE DIRECTOR OF THE PERSON'S INTENT TO CONDUCT 7,808
SUCH AN AUDIT, ALONG WITH DOCUMENTATION EVIDENCING THE PERSON'S 7,809
EXPRESS AUTHORIZATION FROM THE OTHER STATE TO CONDUCT THE AUDIT
ON BEHALF OF THAT STATE. 7,810
(6) PRIOR TO THE COMMENCEMENT OF AN AUDIT CONDUCTED 7,812
PURSUANT TO DIVISION (F) OF THIS SECTION, THE DIRECTOR SHALL 7,813
NOTIFY THE HOLDER OF UNCLAIMED FUNDS OF THE DIRECTOR'S INTENT TO 7,814
AUDIT THE HOLDER'S RECORDS. IF THE AUDIT WILL BE CONDUCTED IN 7,815
CONJUNCTION WITH AN AUDIT FOR ONE OR MORE OTHER STATES, THE 7,816
DIRECTOR SHALL PROVIDE THE HOLDER WITH THE NAME OR NAMES OF THOSE 7,817
STATES.
184
(7) ANY HOLDER OF UNCLAIMED FUNDS MAY APPEAL THE FINDINGS 7,819
OF AN AUDIT CONDUCTED PURSUANT TO DIVISION (F) OF THIS SECTION TO 7,820
THE DIRECTOR. PURSUANT TO THE AUTHORITY GRANTED BY SECTION 7,821
169.09 OF THE REVISED CODE, THE DIRECTOR SHALL ADOPT RULES 7,822
ESTABLISHING PROCEDURES FOR CONSIDERING SUCH AN APPEAL. 7,823
(G) All holders shall make sufficient investigation of 7,825
their records to ensure that the funds reported to the director 7,827
are unclaimed as set forth in division (B) of section 169.01 and 7,828
section 169.02 of the Revised Code. 7,829
(H) The expiration of any period of limitations on or 7,831
after March 1, 1968, within which a person entitled to any 7,832
moneys, rights to moneys, or intangible property could have 7,833
commenced an action or proceeding to obtain the same shall not 7,834
prevent such items from becoming unclaimed funds or relieve the 7,835
holder thereof of any duty to report and give notice as provided 7,836
in this section and deliver the same in the manner provided in 7,837
section 169.05 of the Revised Code, provided that the holder may 7,838
comply with the provisions of this section and section 169.05 of 7,839
the Revised Code with respect to any moneys, rights to moneys, or 7,840
intangible property as to which the applicable statute of 7,841
limitations has run prior to March 1, 1968, and in such event the 7,842
holder shall be entitled to the protective provisions of section 7,843
169.07 of the Revised Code. 7,844
(I) No social security number contained in a report made 7,846
pursuant to this section shall be used by the department of 7,847
commerce for any purpose other than to enable the division of 7,848
unclaimed funds to carry out the purposes of this chapter and for 7,849
child support purposes in response to a request made by the 7,852
division of child support in the department of human services
made pursuant to section 5101.327 of the Revised Code. 7,853
Sec. 169.09. The director of commerce SHALL MAKE, IN 7,863
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, NECESSARY RULES
THAT PRESCRIBE UNIFORM METHODS FOR CONDUCTING UNCLAIMED FUNDS 7,865
AUDITS UNDER SECTION 169.03 OF THE REVISED CODE AND FOR 7,867
185
DETERMINING WHEN SUCH AN AUDIT IS APPROPRIATE, AND may make 7,869
necessary rules to carry out the duties ANY OTHER DUTY imposed 7,870
upon him THE DIRECTOR by Chapter 169. of the Revised Code THIS 7,871
CHAPTER.
Sec. 173.011. (A) WHEN ADMINISTERING FUNDS GRANTED UNDER 7,873
THE "OLDER AMERICANS ACT OF 1965," 79 STAT. 219, 42 U.S.C. 3001, 7,875
AS AMENDED, THE DEPARTMENT OF AGING MAY DIVIDE THE STATE INTO 7,876
SEPARATE MULTI-COUNTY REGIONS THAT SHALL BE KNOWN AS PLANNING AND
SERVICE AREAS. IF THE DEPARTMENT DIVIDES THE STATE INTO THOSE 7,877
AREAS, THEN, CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 7,878
(C)(1) OF THIS SECTION, IT SHALL DESIGNATE ONE PUBLIC ENTITY OR 7,879
ONE PRIVATE NONPROFIT ENTITY AS EACH AREA'S AGENCY ON AGING. 7,880
THAT AGENCY SHALL ADMINISTER PROGRAMS ON BEHALF OF THE DEPARTMENT 7,881
UNDER THE OLDER AMERICANS ACT OF 1965 WITHIN ITS PLANNING AND 7,883
SERVICE AREA.
(B) CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 7,886
(C)(2) OF THIS SECTION AND FOLLOWING AN ADJUDICATION HEARING
CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, 7,887
THE DEPARTMENT MAY ISSUE AN ADJUDICATION ORDER THAT WITHDRAWS OR 7,888
PROVISIONALLY MAINTAINS THE DESIGNATION OF AN ENTITY AS AN AGENCY 7,889
ON AGING.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER CHAPTER 119. OF 7,892
THE REVISED CODE THAT DO BOTH OF THE FOLLOWING:
(1) ESTABLISH CRITERIA TO BE USED FOR DESIGNATING AN 7,894
AGENCY ON AGING;
(2) PROVIDE PROCEDURES AND GROUNDS FOR WITHDRAWING OR 7,896
PROVISIONALLY MAINTAINING THE DESIGNATION OF AN ENTITY AS AN 7,897
AGENCY ON AGING OF A PLANNING AND SERVICE AREA. 7,898
Sec. 173.35. (A) AS USED IN THIS SECTION, "PASSPORT 7,907
ADMINISTRATIVE AGENCY" MEANS AN ENTITY UNDER CONTRACT WITH THE 7,908
DEPARTMENT OF AGING TO PROVIDE ADMINISTRATIVE SERVICES REGARDING 7,909
THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 OF THE REVISED 7,910
CODE.
(B) The department of aging shall administer the 7,913
186
residential state supplement program under which the state
supplements the supplemental security income payments received by 7,914
aged, blind, or disabled adults under Title XVI of the "Social 7,915
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 7,916
Residential state supplement payments shall be used for the 7,917
provision of accommodations, supervision, and personal care 7,918
services to supplemental security income recipients who the 7,919
department determines are at risk of needing institutional care. 7,920
(B) To (C) FOR AN INDIVIDUAL TO be eligible for 7,922
residential state supplement payments, an ALL OF THE FOLLOWING 7,925
MUST BE THE CASE:
(1) EXCEPT AS PROVIDED BY DIVISION (G) OF THIS SECTION, 7,927
THE individual must reside in one of the following: 7,928
(1)(a) An adult foster home certified under section 173.36 7,930
of the Revised Code; 7,931
(2)(b) A home or facility, other than a nursing home or 7,933
nursing home unit of a home for the aging, licensed by the 7,934
department of health under Chapter 3721. or 3722. of the Revised 7,936
Code;
(3)(c) A community alternative home licensed under section 7,938
3724.03 of the Revised Code; 7,939
(4)(d) A residential facility as defined in division 7,941
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 7,942
the department of mental health; 7,943
(5)(e) An apartment or room used to provide community 7,945
mental health housing services certified by the department of 7,946
mental health under division (M) of section 5119.61 of the 7,947
Revised Code and approved by a board of alcohol, drug addiction, 7,948
and mental health services under division (A)(13) of section 7,949
340.03 of the Revised Code. 7,950
(C)(2) EFFECTIVE JULY 1, 2000, A PASSPORT ADMINISTRATIVE 7,954
AGENCY MUST HAVE DETERMINED THAT THE ENVIRONMENT IN WHICH THE
INDIVIDUAL WILL BE LIVING WHILE RECEIVING THE PAYMENTS IS 7,955
APPROPRIATE FOR THE INDIVIDUAL'S NEEDS. IF THE INDIVIDUAL IS 7,956
187
ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME PAYMENTS OR SOCIAL 7,957
SECURITY DISABILITY INSURANCE BENEFITS BECAUSE OF A MENTAL 7,958
DISABILITY, THE PASSPORT ADMINISTRATIVE AGENCY SHALL REFER THE 7,959
INDIVIDUAL TO A COMMUNITY MENTAL HEALTH AGENCY FOR THE COMMUNITY 7,960
MENTAL HEALTH AGENCY TO ISSUE IN ACCORDANCE WITH SECTION 340.091 7,961
OF THE REVISED CODE A RECOMMENDATION ON WHETHER THE PASSPORT
ADMINISTRATIVE AGENCY SHOULD DETERMINE THAT THE ENVIRONMENT IN 7,962
WHICH THE INDIVIDUAL WILL BE LIVING WHILE RECEIVING THE PAYMENTS 7,963
IS APPROPRIATE FOR THE INDIVIDUAL'S NEEDS. DIVISION (C)(2) OF 7,964
THIS SECTION DOES NOT APPLY TO AN INDIVIDUAL RECEIVING 7,965
RESIDENTIAL STATE SUPPLEMENT PAYMENTS ON JUNE 30, 2000, UNTIL THE 7,966
INDIVIDUAL'S FIRST ELIGIBILITY REDETERMINATION AFTER THAT DATE. 7,967
(3) THE INDIVIDUAL SATISFIES ALL ELIGIBILITY REQUIREMENTS 7,969
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION. 7,970
(D) The departments of aging and human services shall 7,972
adopt rules in accordance with section 111.15 of the Revised Code 7,974
as necessary to implement the residential state supplement 7,976
program.
To the extent permitted by Title XVI of the "Social 7,979
Security Act," and any other provision of federal law, the 7,980
department of human services shall adopt rules establishing 7,981
standards for adjusting the eligibility requirements concerning 7,982
the level of impairment a person must have so that the amount 7,983
appropriated for the program by the general assembly is adequate 7,984
for the number of eligible individuals. The rules shall not 7,985
limit the eligibility of disabled persons solely on a basis 7,986
classifying disabilities as physical or mental. The department 7,987
of human services also shall adopt rules that establish 7,988
eligibility standards for aged, blind, or disabled individuals 7,989
who reside in one of the homes or facilities specified in 7,990
division (B)(C)(1) of this section but who, because of their 7,993
income, do not receive supplemental security income payments. 7,994
THE RULES MAY PROVIDE THAT THESE INDIVIDUALS MAY INCLUDE 7,995
INDIVIDUALS WHO RECEIVE OTHER TYPES OF BENEFITS, INCLUDING SOCIAL 7,996
188
SECURITY DISABILITY INSURANCE BENEFITS PROVIDED UNDER TITLE II OF 7,997
THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 401, 7,998
AS AMENDED. Notwithstanding division (A)(B) of this section, 8,000
such payments may be made if funds are available for them. 8,001
The department of aging shall adopt rules establishing the 8,003
method to be used to determine the amount an eligible individual 8,004
will receive under the program. The amount the general assembly 8,005
appropriates for the program shall be a factor included in the 8,007
method that department establishes.
(D)(E) The county department of human services of the 8,009
county in which an applicant for the residential state supplement 8,012
program resides shall determine whether the applicant meets 8,013
income and resource requirements for the program.
(E)(F) The department of aging shall maintain a waiting 8,015
list of any individuals eligible for payments under this section 8,017
but not receiving them because moneys appropriated to the 8,018
department for the purposes of this section are insufficient to 8,019
make payments to all eligible individuals. That AN INDIVIDUAL 8,020
MAY APPLY TO BE PLACED ON THE WAITING LIST EVEN THOUGH THE 8,021
INDIVIDUAL DOES NOT RESIDE IN ONE OF THE HOMES OR FACILITIES 8,022
SPECIFIED IN DIVISION (C)(1) OF THIS SECTION AT THE TIME OF 8,023
APPLICATION. THE department OF AGING, by rules adopted in 8,024
accordance with Chapter 119. of the Revised Code, shall specify 8,025
procedures and requirements for placing an individual on the 8,026
waiting list. INDIVIDUALS ON THE WAITING LIST WHO RESIDE IN A 8,027
COMMUNITY SETTING NOT REQUIRED TO BE LICENSED OR CERTIFIED SHALL 8,028
HAVE THEIR ELIGIBILITY FOR THE PAYMENTS ASSESSED BEFORE OTHER 8,029
INDIVIDUALS ON THE WAITING LIST. 8,030
(F)(G) An individual in a licensed or certified living 8,032
arrangement receiving state supplementation on November 15, 1990, 8,033
under former section 5101.531 of the Revised Code shall not 8,034
become ineligible for payments under this section solely by 8,035
reason of his THE INDIVIDUAL'S living arrangement as long as he 8,037
THE INDIVIDUAL remains in the living arrangement in which he THE 8,038
189
INDIVIDUAL resided on November 15, 1990.
(G)(H) The department of aging shall notify each person 8,040
denied approval for payments under this section of his THE 8,041
PERSON'S right to a hearing. On request, the hearing shall be 8,042
provided by the department of human services in accordance with 8,043
section 5101.35 of the Revised Code. 8,044
Sec. 173.401. EFFECTIVE JULY 1, 2002, AND THE FIRST DAY OF 8,046
EACH JULY THEREAFTER, THE DEPARTMENT OF AGING SHALL ADJUST THE 8,048
RATE IT REIMBURSES PROVIDERS OF HOMEMAKER SERVICES, PERSONAL CARE
SERVICES, AND ADULT DAY CARE SERVICES UNDER THE PASSPORT PROGRAM 8,049
BY THE PERCENTAGE INCREASE IN THE GROSS DOMESTIC PRODUCT DEFLATOR 8,050
FOR THE PRECEDING CALENDAR YEAR AS DETERMINED BY THE BUREAU OF 8,052
ECONOMIC ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE. 8,053
THE DEPARTMENT OF AGING SHALL ADOPT RULES IN ACCORDANCE WITH 8,055
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION 8,056
OF THIS SECTION.
Sec. 175.26. NEITHER THE DEPARTMENT OF DEVELOPMENT NOR THE 8,058
OHIO HOUSING FINANCE AGENCY SHALL MAKE A GRANT, LOAN, LOAN 8,059
GUARANTEE, OR LOAN SUBSIDY FROM THE LOW- AND MODERATE-INCOME 8,060
HOUSING TRUST FUND WITHOUT FIRST OBTAINING THE APPROVAL OF THE 8,061
CONTROLLING BOARD. 8,062
Sec. 181.52. (A) There is hereby created an office of 8,071
criminal justice services. The governor shall appoint a director 8,072
of the office, and the director may appoint, within the office, 8,074
any professional and technical personnel and other employees that 8,075
are necessary to enable the office to comply with sections 181.51 8,076
to 181.56 of the Revised Code. The director and the assistant 8,077
director of the office, and all professional and technical 8,078
personnel employed within the office who are not public employees 8,079
as defined in section 4117.01 of the Revised Code, shall be in 8,080
the unclassified civil service, and all other persons employed 8,081
within the office shall be in the classified civil service. The 8,082
director may enter into any contracts, except contracts governed 8,083
by Chapter 4117. of the Revised Code, that are necessary for the 8,084
190
operation of the office.
(B) Subject to division (D) of this section and subject to 8,086
divisions (D) to (F) of section 5120.09 of the Revised Code 8,087
insofar as those divisions relate to federal criminal justice 8,088
acts that the governor requires the department of rehabilitation 8,089
and correction to administer, the office of criminal justice 8,090
services shall do all of the following:
(1) Serve as the state criminal justice services agency 8,092
and perform criminal and juvenile justice system planning in the 8,093
state, including any planning that is required by any federal 8,094
law; 8,095
(2) Collect, analyze, and correlate information and data 8,097
concerning the criminal and juvenile justice systems in the 8,098
state; 8,099
(3) Cooperate with and provide technical assistance to 8,101
state departments, administrative planning districts, 8,102
metropolitan county criminal justice services agencies, criminal 8,103
justice coordinating councils, agencies, offices, and departments 8,104
of the criminal and juvenile justice systems in the state, and 8,105
other appropriate organizations and persons; 8,106
(4) Encourage and assist agencies, offices, and 8,108
departments of the criminal and juvenile justice systems in the 8,109
state and other appropriate organizations and persons to solve 8,110
problems that relate to the duties of the office; 8,111
(5) Administer within the state any federal criminal 8,113
justice acts or juvenile justice acts that the governor requires 8,114
it to administer; 8,115
(6) Implement the state comprehensive plans; 8,117
(7) Audit grant activities of agencies, offices, 8,119
organizations, and persons that are financed in whole or in part 8,120
by funds granted through the office; 8,121
(8) Monitor or evaluate the performance of criminal and 8,123
juvenile justice systems projects and programs in the state that 8,124
are financed in whole or in part by funds granted through the 8,125
191
office; 8,126
(9) Apply for, allocate, disburse, and account for grants 8,128
that are made available pursuant to federal criminal justice acts 8,129
or juvenile justice acts, or made available from other federal, 8,130
state, or private sources, to improve the criminal and juvenile 8,131
justice systems in the state;. ALL MONEY FROM SUCH FEDERAL 8,132
GRANTS SHALL, IF THE TERMS UNDER WHICH THE MONEY IS RECEIVED 8,133
REQUIRE THAT THE MONEY BE DEPOSITED INTO AN INTEREST-BEARING FUND 8,134
OR ACCOUNT, BE DEPOSITED IN THE STATE TREASURY TO THE CREDIT OF 8,135
THE FEDERAL PROGRAM PURPOSES FUND, WHICH IS HEREBY CREATED. ALL 8,137
INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 8,138
(10) Contract with federal, state, and local agencies, 8,140
foundations, corporations, businesses, and persons when necessary 8,141
to carry out the duties of the office; 8,142
(11) Oversee the activities of metropolitan county 8,144
criminal justice services agencies, administrative planning 8,145
districts, and criminal justice coordinating councils in the 8,146
state; 8,147
(12) Advise the general assembly and governor on 8,149
legislation and other significant matters that pertain to the 8,150
improvement and reform of criminal and juvenile justice systems 8,151
in the state; 8,152
(13) Prepare and recommend legislation to the general 8,154
assembly and governor for the improvement of the criminal and 8,155
juvenile justice systems in the state; 8,156
(14) Assist, advise, and make any reports that are 8,158
requested or required by the governor, attorney general, or 8,159
general assembly; 8,160
(15) Adopt rules pursuant to Chapter 119. of the Revised 8,162
Code.
(C) Division (B) of this section does not limit the 8,164
discretion or authority of the attorney general with respect to 8,166
crime victim assistance and criminal justice programs. 8,167
(D) Nothing in this section is intended to diminish or 8,169
192
alter the status of the office of the attorney general as a 8,170
criminal justice services agency. 8,171
Sec. 307.851. (A) Notwithstanding anything to the 8,181
contrary in the Revised Code, a board of county commissioners of 8,182
a county that has enacted a tax levy under section 5705.191 of 8,183
the Revised Code may, in addition to exercising the other powers 8,185
granted to a board of county commissioners, MAY enter into a 8,186
contract with any corporation or association, whether the 8,188
corporation or association is for profit or nonprofit, for that 8,189
corporation or association to provide the services described in 8,190
this section and for the county to pay for those contracted 8,191
services with the proceeds of that tax levy, provided that IF THE 8,192
proceeds from the THAT tax levy are used only for the purpose or 8,194
purposes for which the tax was levied. Services for which a
contract may be entered into under this section are alcohol, drug 8,196
addiction, and mental health services; services for the mentally 8,198
retarded or developmentally disabled; and public ANY OR ALL 8,199
health AND HUMAN services OR SOCIAL SERVICES PROVIDED TO THE 8,200
RESIDENTS OF THE COUNTY.
(B) Before entering into a contract as provided in 8,202
division (A) of this section, the board of county commissioners 8,203
shall first SHALL notify, in writing, the alcohol, drug 8,205
addiction, and mental health services board; the board of mental 8,207
retardation and developmental disabilities; or the board of the 8,208
health district or combined general health district of that 8,210
county PARTICULAR COUNTY AGENCY, BOARD, DEPARTMENT, OR OTHER
ENTITY THAT IS REQUIRED TO PROVIDE, OVERSEE, OR ACQUIRE RELATED 8,211
MANDATED OR ESSENTIAL SERVICES, as appropriate for the service 8,212
SERVICES to be provided under the contract, of the board's BOARD 8,215
OF COUNTY COMMISSIONER'S intention to enter into a contract with 8,216
a corporation or association to provide a particular service THE 8,218
HEALTH AND HUMAN SERVICES OR SOCIAL SERVICES TO THE RESIDENTS OF 8,219
THE COUNTY. The notice shall delineate IDENTIFY the particular 8,221
service SERVICES to be SO provided, identify the corporation or 8,222
193
association with which the board proposes to contract, and 8,223
INDICATE the amount proposed to be paid to the corporation or 8,226
association for performing those services. The notified AGENCY, 8,227
board, DEPARTMENT, OR OTHER ENTITY has thirty days in which to 8,228
inform the board of county commissioners of its intention to 8,230
provide that service THE SERVICES itself or authorize the board 8,232
of county commissioners to contract with the proposed corporation 8,233
or association to provide the service SERVICES. If the board of 8,234
county commissioners receives no response from a notified AGENCY, 8,235
board, DEPARTMENT, OR OTHER ENTITY within the thirty-day period, 8,236
the notified AGENCY, board, DEPARTMENT, OR OTHER ENTITY shall be 8,239
deemed to have authorized the proposed contract. Once the 8,241
contract is authorized by each notified AGENCY, board,
DEPARTMENT, OR OTHER ENTITY, the board of county commissioners 8,243
may enter into a contract with the corporation or association, as 8,244
proposed.
(C) In addition to any other terms that the board OF 8,246
COUNTY COMMISSIONERS finds appropriate, any agreement entered 8,248
into under division (A) of this section shall provide all the 8,249
following:
(1) That the corporation or association shall keep current 8,251
and accurate accounts of its use of the moneys it receives from 8,252
the county;
(2) That the corporation or association shall, at least 8,255
annually, SHALL have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 8,257
Revised Code, of any services or programs it has performed with 8,258
county moneys. A copy of the fiscal audit report shall be 8,260
provided to the board of county commissioners, the county
auditor, and the auditor of state. 8,261
(3) That the corporation or association is liable to repay 8,263
to the county any county moneys it receives that are improperly 8,264
used;
(4) That the corporation or association shall repay to the 8,266
194
board OF COUNTY COMMISSIONERS all county moneys remaining unused 8,268
at the end of the fiscal year or other accounting period for 8,269
which the board paid the moneys, except that, when the recipient 8,271
is to receive county moneys in the next succeeding fiscal year or
other accounting period following the fiscal year or other 8,272
accounting period for which the board paid the moneys, the 8,273
recipient need not repay the county moneys remaining unused; 8,274
(5) That the corporation or association shall provide the 8,276
board of county commissioners annually a summary of the program 8,277
or service activities it has performed with county moneys. 8,279
Sec. 307.86. Anything to be purchased, leased, leased with 8,288
an option or agreement to purchase, or constructed, including, 8,289
but not limited to, any product, structure, construction, 8,290
reconstruction, improvement, maintenance, repair, or service, 8,291
except the services of an accountant, architect, attorney at law, 8,292
physician, professional engineer, construction project manager, 8,293
consultant, surveyor, or appraiser, by or on behalf of the county 8,294
or contracting authority, as defined in section 307.92 of the 8,295
Revised Code, at a cost in excess of fifteen thousand dollars, 8,296
except as otherwise provided in division (D) of section 713.23 8,297
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 8,298
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 8,299
5713.01, and 6137.05 of the Revised Code, shall be obtained 8,300
through competitive bidding. However, competitive bidding is not 8,301
required when ANY OF THE FOLLOWING APPLIES: 8,302
(A) The board of county commissioners, by a unanimous vote 8,304
of its members, makes a determination that a real and present 8,305
emergency exists, and such THAT determination and the reasons 8,307
therefor FOR IT are entered in the minutes of the proceedings of 8,308
the board, when EITHER OF THE FOLLOWING APPLIES: 8,309
(1) The estimated cost is less than fifty thousand 8,312
dollars; or.
(2) There is actual physical disaster to structures, radio 8,314
communications equipment, or computers. 8,315
195
Whenever a contract of purchase, lease, or construction is 8,317
exempted from competitive bidding under division (A)(1) of this 8,318
section because the estimated cost is less than fifty thousand 8,319
dollars, but the estimated cost is fifteen thousand dollars or 8,320
more, the county or contracting authority shall solicit informal 8,321
estimates from no fewer than three persons who could perform the 8,322
contract, before awarding the contract. With regard to each such 8,323
contract, the county or contracting authority shall maintain a 8,324
record of such estimates, including the name of each person from 8,325
whom an estimate is solicited, for no less than one year after 8,326
the contract is awarded. 8,327
(B) The purchase consists of supplies or a replacement or 8,329
supplemental part or parts for a product or equipment owned or 8,330
leased by the county, and the only source of supply for such THE 8,332
supplies, part, or parts is limited to a single supplier.
(C) The purchase is from the federal government, THE 8,334
state, another county or contracting authority thereof, OF 8,335
ANOTHER COUNTY, OR a board of education, township, or municipal 8,336
corporation.
(D) Public social services are purchased for provision by 8,338
the county department of human services under section 329.04 of 8,339
the Revised Code or program services, such as direct and 8,340
ancillary client services, child day-care, case management 8,341
services, residential services, and family resource services, are 8,342
purchased for provision by a county board of mental retardation 8,343
and developmental disabilities under section 5126.05 of the 8,344
Revised Code. 8,345
(E) The purchase consists of human and social services by 8,348
the board of county commissioners from nonprofit corporations or 8,349
associations under programs which THAT are funded entirely by the 8,351
federal government. 8,352
(F) The purchase consists of any form of an insurance 8,354
policy or contract authorized to be issued under Title XXXIX of 8,355
the Revised Code or any form of health care plan authorized to be 8,357
196
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 8,359
contracting authority is authorized to purchase, and the 8,360
contracting authority does all of the following: 8,361
(1) Determines that compliance with the requirements of 8,363
this section would increase, rather than decrease, the cost of 8,364
such purchase; 8,365
(2) Employs a competent consultant to assist the 8,367
contracting authority in procuring appropriate coverages at the 8,368
best and lowest prices; 8,369
(3) Requests issuers of such policies, contracts, or plans 8,371
to submit proposals to the contracting authority, in a form 8,372
prescribed by the contracting authority, setting forth the 8,373
coverage and cost of such policies, contracts, or plans as the 8,374
contracting authority desires to purchase; 8,375
(4) Negotiates with such issuers for the purpose of 8,377
purchasing such policies, contracts, or plans at the best and 8,378
lowest price reasonably possible. 8,379
(G) The purchase consists of computer hardware, software, 8,381
or consulting services that are necessary to implement a 8,382
computerized case management automation project administered by 8,383
the Ohio prosecuting attorneys association and funded by a grant 8,384
from the federal government. 8,385
(H) Child day-care services are purchased for provision to 8,387
county employees. 8,388
(I)(1) Property, including land, buildings, and other real 8,390
property, is leased for offices, storage, parking, or other 8,391
purposes and all of the following apply: 8,392
(a) The contracting authority is authorized by the Revised 8,394
Code to lease the property;. 8,395
(b) The contracting authority develops requests for 8,397
proposals for leasing the property, specifying the criteria that 8,398
will be considered prior to leasing the property, including the 8,399
desired size and geographic location of the property;. 8,400
197
(c) The contracting authority receives responses from 8,402
prospective lessors with property meeting the criteria specified 8,403
in the requests for proposals by giving notice in a manner 8,404
substantially similar to the procedures established for giving 8,405
notice under section 307.87 of the Revised Code;. 8,406
(d) The contracting authority negotiates with the 8,408
prospective lessors to obtain a lease at the best and lowest 8,409
price reasonably possible considering the fair market value of 8,410
the property and any relocation and operational costs that may be 8,411
incurred during the period the lease is in effect. 8,413
(2) The contracting authority may use the services of a 8,415
real estate appraiser to obtain advice, consultations, or other 8,416
recommendations regarding the lease of property under this 8,417
division. 8,418
(J) The purchase is made pursuant to section 5139.34 or 8,420
sections 5139.41 to 5139.46 of the Revised Code and is of 8,421
programs or services that provide case management, treatment, or 8,422
prevention services to any felony or misdemeanant delinquent, 8,423
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, such services as 8,424
community residential care, day treatment, services to children 8,426
in their home, or electronic monitoring. 8,427
(K) THE PURCHASE IS MADE BY A PUBLIC CHILDREN SERVICES 8,429
AGENCY PURSUANT TO SECTION 307.92 OR 5153.16 OF THE REVISED CODE 8,430
AND CONSISTS OF SOCIAL SERVICES, PROGRAMS, OR ANCILLARY SERVICES 8,431
THAT PROVIDE CASE MANAGEMENT, PREVENTION, OR TREATMENT SERVICES 8,433
FOR CHILDREN AT RISK OF BEING OR ALLEGED TO BE ABUSED, NEGLECTED, 8,434
OR DEPENDENT CHILDREN.
Any issuer of policies, contracts, or plans listed in 8,436
division (F) of this section and any prospective lessor under 8,437
division (I) of this section may have the issuer's or prospective 8,438
contractor's name and address, or the name and address of an 8,439
agent, placed on a special notification list to be kept by the 8,441
contracting authority, by sending the contracting authority such 8,442
198
name and address. The contracting authority shall send notice to 8,443
all persons listed on the special notification list. Notices 8,444
shall state the deadline and place for submitting proposals. The 8,445
contracting authority shall mail the notices at least six weeks 8,446
prior to the deadline set by the contracting authority for 8,447
submitting such proposals. Every five years the contracting 8,448
authority may review this list and remove any person from the 8,449
list after mailing the person notification of such action. 8,450
Any contracting authority that negotiates a contract under 8,452
division (F) of this section shall request proposals and 8,453
renegotiate with issuers in accordance with that division at 8,454
least every three years from the date of the signing of such a 8,455
contract. 8,456
Any consultant employed pursuant to division (F) of this 8,458
section and any real estate appraiser employed pursuant to 8,459
division (I) of this section shall disclose any fees or 8,460
compensation received from any source in connection with that 8,461
employment.
Sec. 307.98. Each board of county commissioners shall 8,471
enter into a written partnership agreement with the director of 8,472
human services in accordance with section 5101.21 of the Revised
Code. Prior to entering into or substantially amending the 8,474
agreement, the board shall conduct a public hearing and consult 8,476
with the county human services planning committee established 8,477
under section 329.06 of the Revised Code. Through the hearing
and consultation, the board shall obtain comments and 8,478
recommendations concerning what would be the county's obligations 8,480
and responsibilities under the agreement or amendment. AS 8,481
EVIDENCE THAT THE BOARD CONSULTED WITH THE COUNTY HUMAN SERVICES
PLANNING COMMITTEE, THE COMMITTEE'S CHAIR SHALL SIGN A LETTER 8,482
CONFIRMING THAT THE CONSULTATION OCCURRED, WHICH SHALL BE 8,483
ATTACHED TO THE PARTNERSHIP AGREEMENT AND ANY SUBSTANTIAL 8,484
AMENDMENTS TO THE AGREEMENT.
Sec. 311.01. (A) A sheriff shall be elected quadrennially 8,493
199
in each county. A sheriff shall hold office for a term of four 8,494
years, beginning on the first Monday of January next after the 8,495
sheriff's election. 8,496
(B) On and after January 1, 1988, except EXCEPT as 8,498
otherwise provided in this section, no person is eligible to be a 8,499
candidate for sheriff, and no person shall be elected or 8,500
appointed to the office of sheriff, unless that person meets all 8,501
of the following requirements: 8,502
(1) The person is a citizen of the United States;. 8,504
(2) The person has been a resident of the county in which 8,506
the person is a candidate for or is appointed to the office of 8,508
sheriff for at least one year immediately prior to the 8,509
qualification date;.
(3) The person has the qualifications of an elector as 8,511
specified in section 3503.01 of the Revised Code and has complied 8,513
with all applicable election laws;. 8,514
(4) The person has been awarded a high school diploma or a 8,516
certificate of high school equivalence issued for achievement of 8,518
specified minimum scores on the general educational development 8,519
test of the American council on education;. 8,520
(5) The person has not been convicted of or pleaded guilty 8,522
to a felony or any offense involving moral turpitude under the 8,523
laws of this or any other state or the United States, and has not 8,524
been convicted of or pleaded guilty to an offense that is a 8,525
misdemeanor of the first degree under the laws of this state or 8,526
an offense under the laws of any other state or the United States 8,527
that carries a penalty that is substantially equivalent to the 8,528
penalty for a misdemeanor of the first degree under the laws of 8,529
this state;. 8,530
(6) The person has been fingerprinted and has been the 8,532
subject of a search of local, state, and national fingerprint 8,534
files to disclose any criminal record. Such fingerprints shall 8,535
be taken under the direction of the administrative judge of the 8,536
court of common pleas who, prior to the applicable qualification 8,537
200
date, shall notify the board of elections, board of county 8,538
commissioners, or county central committee of the proper 8,539
political party, as applicable, of the judge's findings. 8,540
(7) The person has prepared a complete history of the 8,543
person's places of residence for a period of six years 8,544
immediately preceding the qualification date and a complete 8,545
history of the person's places of employment for a period of six 8,546
years immediately preceding the qualification date, indicating 8,547
the name and address of each employer and the period of time 8,548
employed by that employer. The residence and employment 8,549
histories shall be filed with the administrative judge of the 8,550
court of common pleas of the county, who shall forward them with 8,551
the findings under division (B)(6) of this section to the 8,552
appropriate board of elections, board of county commissioners, or 8,553
county central committee of the proper political party prior to 8,554
the applicable qualification date.
(8) The person meets at least one of the following 8,556
conditions:
(a) Has obtained or held, within the four-year period 8,558
ending immediately prior to the qualification date, a valid basic 8,559
peace officer certificate of training issued by the Ohio peace 8,560
officer training council COMMISSION or has been issued a 8,561
certificate of training pursuant to section 5503.05 of the 8,562
Revised Code, and, within the four-year period ending immediately 8,564
prior to the qualification date, has been employed as an 8,565
appointee pursuant to section 5503.01 of the Revised Code or as a 8,566
full-time peace officer as defined in section 109.71 of the 8,567
Revised Code performing duties related to the enforcement of
statutes, ordinances, or codes; 8,568
(b) Has obtained or held, within the three-year period 8,570
ending immediately prior to the qualification date, a valid basic 8,571
peace officer certificate of training issued by the Ohio peace 8,572
officer training council COMMISSION and has been employed for at 8,573
least the last five THREE years prior to the qualification date 8,574
201
as a full-time law enforcement officer, as defined in division 8,576
(K)(A)(11) of section 2901.01 of the Revised Code, performing 8,578
duties related to the enforcement of statutes, ordinances, or
codes. 8,579
(9) The person meets at least one of the following 8,581
conditions:
(a) Has at least two years of supervisory experience as a 8,584
peace officer at the rank of corporal or above, or has been 8,586
appointed pursuant to section 5503.01 of the Revised Code and
served at the rank of sergeant or above, in the five-year period 8,587
ending immediately prior to the qualification date; 8,588
(b) Has completed satisfactorily at least two years of 8,591
post-secondary education or the equivalent in semester or quarter 8,592
hours in a college or university authorized to confer degrees by 8,593
the Ohio board of regents or the comparable agency of another 8,594
state in which the college or university is located. 8,595
(C) Persons who meet the requirements of division (B) of 8,597
this section, except the requirement of division (B)(2) of this 8,598
section, may take all actions otherwise necessary to comply with 8,600
division (B) of this section. If, on the applicable 8,601
qualification date, no person has met all the requirements of 8,602
division (B) of this section, then persons who have complied with 8,603
and meet the requirements of division (B) of this section, except 8,604
the requirement of division (B)(2) of this section, shall be 8,605
considered qualified candidates under division (B) of this 8,606
section.
(D) Newly elected sheriffs shall attend a basic training 8,609
course conducted by the Ohio peace officer training council 8,610
COMMISSION pursuant to division (A) of section 109.80 of the 8,611
Revised Code. A newly elected sheriff shall complete not less 8,612
than two weeks of this course before the first Monday in January 8,613
next after the sheriff's election. While attending the basic 8,614
training course, a newly elected sheriff may, with the approval 8,615
of the board of county commissioners, receive compensation, paid 8,616
202
for from funds established by the sheriff's county for this
purpose, in the same manner and amounts as if carrying out the 8,617
powers and duties of the office of sheriff. 8,618
Appointed sheriffs shall attend the first basic training 8,621
course conducted by the Ohio peace officer training commission 8,622
pursuant to division (A) of section 109.80 of the Revised Code 8,623
within six months following the date of appointment or election 8,624
to the office of sheriff. commission commission While attending 8,626
the basic training course, appointed sheriffs shall receive
regular compensation in the same manner and amounts as if 8,627
carrying out their regular powers and duties. 8,628
Five days of instruction at the basic training course shall 8,630
be considered equal to one week of work. The costs of conducting 8,631
the basic training course and the costs of meals, lodging, and 8,632
travel of appointed and newly elected sheriffs attending the 8,633
course shall be paid from state funds appropriated to the 8,634
commission for this purpose.
(E) Beginning in the second calendar year of the term of 8,636
appointed and newly elected sheriffs appointed or elected on or 8,637
after January 1, 1988, and beginning in calendar year 1988 for 8,638
other sheriffs, and in IN each calendar year thereafter, each 8,640
sheriff shall attend and successfully complete at least sixteen 8,641
hours of continuing education approved under division (B) of 8,642
section 109.80 of the Revised Code. A sheriff who receives a 8,643
waiver of the continuing education requirement from the 8,644
commission under division (C) of section 109.80 of the Revised 8,645
Code because of medical disability or for other good cause shall 8,646
complete the requirement at the earliest time after the 8,647
disability or cause terminates. 8,648
(F)(1) Each person who is a candidate for election to or 8,650
who is under consideration for appointment to the office of 8,651
sheriff shall swear before the administrative judge of the court 8,652
of common pleas as to the truth of any information the person 8,653
provides to verify the person's qualifications for the office. A 8,655
203
person who violates this requirement is guilty of falsification 8,656
under section 2921.13 of the Revised Code.
(2) Each board of elections shall certify whether or not a 8,658
candidate for the office of sheriff who has filed a declaration 8,659
of candidacy, a statement of candidacy, or a declaration of 8,660
intent to be a write-in candidate meets the qualifications 8,661
specified in divisions (B) and (C) of this section. 8,662
(G) The office of a sheriff who is required to comply with 8,664
division (D) or (E) of this section and who fails to successfully 8,665
complete the courses pursuant to those divisions is hereby deemed 8,666
to be vacant. 8,667
(H) As used in this section: 8,669
(1) "Qualification date" means the last day on which a 8,671
candidate for the office of sheriff can file a declaration of 8,672
candidacy, a statement of candidacy, or a declaration of intent 8,673
to be a write-in candidate, as applicable, in the case of a 8,674
primary election for the office of sheriff; the last day on which 8,675
a person may be appointed to fill a vacancy in a party nomination 8,676
for the office of sheriff under Chapter 3513. of the Revised 8,677
Code, in the case of a vacancy in the office of sheriff; or a 8,678
date thirty days after the day on which a vacancy in the office 8,679
of sheriff occurs, in the case of an appointment to such a 8,680
vacancy under section 305.02 of the Revised Code. 8,681
(2) "Newly elected sheriff" means a person who did not 8,683
hold the office of sheriff of a county on the date the person was 8,684
elected sheriff of that county. 8,685
Sec. 329.023. EACH COUNTY DEPARTMENT OF HUMAN SERVICES 8,687
SHALL HAVE HOURS OF OPERATION OUTSIDE THE COUNTY DEPARTMENT'S 8,688
NORMAL HOURS OF OPERATION DURING WHICH THE COUNTY DEPARTMENT WILL 8,689
ACCEPT FROM EMPLOYED INDIVIDUALS APPLICATIONS FOR THE PROGRAMS 8,690
ADMINISTERED BY THE COUNTY DEPARTMENT AND ASSIST EMPLOYED PROGRAM 8,692
RECIPIENTS AND PARTICIPANTS WITH MATTERS RELATED TO THE PROGRAMS.
Sec. 329.04. (A) The county department of human services 8,701
shall have, exercise, and perform the following powers and 8,702
204
duties:
(1) Perform any duties assigned by the department of human 8,705
services regarding the provision of public social services, 8,706
including the provision of the following services to prevent or 8,707
reduce economic or personal dependency and to strengthen family 8,708
life:
(a) Services authorized by Title IV-A of the "Social 8,710
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 8,712
and known in this state as the Ohio works first program 8,713
established by Chapter 5107. of the Revised Code and the 8,714
prevention, retention, and contingency program established under 8,715
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 8,718
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 8,720
support enforcement agency, services authorized by Title IV-D of 8,721
the "Social Security Act" and provided for by sections 2301.34 to 8,722
2301.44 of the Revised Code. The county department may perform 8,724
the services itself or contract with other government entities, 8,725
and, pursuant to division (C) of section 2301.35 and section 8,726
2301.42 of the Revised Code, private entities, to perform the 8,727
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 8,729
of the Revised Code as required by the state department of human 8,730
services;
(3) Administer burials insofar as the administration of 8,732
burials was, prior to September 12, 1947, imposed upon the board 8,733
of county commissioners and if otherwise required by state law; 8,734
(4) Cooperate with state and federal authorities in any 8,736
matter relating to human services and to act as the agent of such 8,737
authorities;
(5) Submit an annual account of its work and expenses to 8,740
the board of county commissioners and to the department of human 8,741
205
services at the close of each fiscal year;
(6) Exercise any powers and duties relating to human 8,744
services imposed upon the county department of human services by 8,745
law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet 8,746
emergencies during war or peace; 8,747
(7) Determine the eligibility for medical assistance of 8,749
recipients of aid under Title XVI of the "Social Security Act"; 8,750
(8) IF ASSIGNED BY THE DIRECTOR OF HUMAN SERVICES UNDER 8,752
SECTION 5101.515 OF THE REVISED CODE, DETERMINE APPLICANTS' 8,753
ELIGIBILITY FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S HEALTH 8,754
INSURANCE PROGRAM PART II;
(9) Enter into a plan of cooperation with the board of 8,756
county commissioners under section 307.983, consult with the 8,758
board in the development of the transportation work plan
developed under section 307.984, establish with the board 8,759
procedures under section 307.985 for providing services to 8,760
children whose families relocate frequently, and comply with the 8,761
partnership agreement the board enters into under section 307.98
and contracts the board enters into under sections 307.981 and 8,762
307.982 of the Revised Code that affect the county department. 8,763
(B) The powers and duties of a county department of human 8,765
services are, and shall be exercised and performed, under the 8,766
control and direction of the board of county commissioners. The 8,767
board may assign to the county department any power or duty of 8,768
the board regarding human services. If the new power or duty
necessitates the state department of human services changing its 8,769
federal cost allocation plan, the county department may not 8,770
implement the power or duty unless the United States department 8,771
of health and human services approves the changes. 8,772
Sec. 329.041. IN EACH COUNTY IN WHICH THERE IS A COUNTY 8,774
TRANSIT BOARD ESTABLISHED BY SECTION 306.01 OF THE REVISED CODE, 8,775
A COUNTY TRANSIT SYSTEM OPERATED UNDER THAT SECTION, OR A 8,777
REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 306.32 OF THE 8,778
206
REVISED CODE, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL MEET 8,779
NOT LESS THAN ONCE EACH CALENDAR QUARTER WITH TRANSIT 8,780
REPRESENTATIVES OF THE BOARD, SYSTEM, OR AUTHORITY. THE 8,781
DEPARTMENT AND TRANSIT REPRESENTATIVES SHALL DISCUSS THE 8,782
TRANSPORTATION NEEDS OF THE COUNTY'S OHIO WORKS FIRST 8,783
PARTICIPANTS, REVIEW EXISTING EFFORTS AND DEVELOP NEW OPTIONS TO 8,784
MEET THOSE NEEDS, AND MEASURE THE ACCOMPLISHMENTS OF THOSE 8,785
EFFORTS.
Sec. 329.06. (A) Except as provided in division (C) of 8,795
this section, the board of county commissioners shall establish a 8,796
county human services planning committee. The board shall 8,797
appoint a member to represent the county department of human 8,798
services; an employee in the classified civil service of the 8,799
county department of human services, if there are any such
employees; and a member to represent the public. The board shall 8,800
appoint other individuals to the committee in such a manner that 8,801
the committee's membership is broadly representative of the 8,802
groups of individuals and the public and private entities that 8,803
have an interest in the social services provided in the county. 8,804
The board shall make appointments in a manner that reflects the 8,805
ethnic and racial composition of the county. The following 8,806
groups and entities may be represented on the committee: 8,807
(1) Consumers of social services; 8,809
(2) The public children services agency; 8,811
(3) The child support enforcement agency; 8,813
(4) The county family and children first council; 8,815
(5) Public and private colleges and universities; 8,817
(6) Public entities that provide social services, 8,819
including boards of health, boards of education, the county board 8,821
of mental retardation and developmental disabilities, and the 8,822
board of alcohol, drug addiction, and mental health services that 8,823
serves the county;
(7) Private nonprofit and for-profit entities that provide 8,826
social services in the county or that advocate for consumers of 8,827
207
social services in the county, including entities that provide
services to or advocate for victims of domestic violence; 8,828
(8) Labor organizations; 8,830
(9) Any other group or entity that has an interest in the 8,832
social services provided in the county, including groups or 8,833
entities that represent any of the county's business, urban, and 8,834
rural sectors. 8,835
(B) The county human services planning committee shall do 8,838
all of the following: 8,839
(1) Serve as an advisory body to the board of county 8,841
commissioners with regard to the social services provided in the 8,842
county, including assistance under Chapters 5107. and 5108. of 8,844
the Revised Code, publicly funded child day-care under Chapter 8,847
5104. of the Revised Code, and social services provided under 8,850
section 5101.46 of the Revised Code; 8,852
(2) AT LEAST ONCE A YEAR, REVIEW AND ANALYZE THE COUNTY 8,854
DEPARTMENT OF HUMAN SERVICES' IMPLEMENTATION OF THE PROGRAMS 8,855
ESTABLISHED UNDER CHAPTERS 5107. AND 5108. OF THE REVISED CODE. 8,856
IN ITS REVIEW, THE COMMITTEE SHALL USE INFORMATION AVAILABLE TO 8,858
IT TO EXAMINE ALL OF THE FOLLOWING: 8,859
(a) RETURN OF ASSISTANCE GROUPS TO PARTICIPATION IN EITHER 8,862
PROGRAM AFTER CEASING TO PARTICIPATE;
(b) TEEN PREGNANCY RATES AMONG THE PROGRAMS' PARTICIPANTS; 8,864
(c) THE OTHER TYPES OF ASSISTANCE THE PROGRAMS' 8,866
PARTICIPANTS RECEIVE, INCLUDING MEDICAL ASSISTANCE UNDER CHAPTER 8,867
5111. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER 8,869
CHAPTER 5104. OF THE REVISED CODE, FOOD STAMP BENEFITS UNDER 8,871
SECTION 5101.54 OF THE REVISED CODE, AND ENERGY ASSISTANCE UNDER 8,873
CHAPTER 5117. OF THE REVISED CODE; 8,874
(d) OTHER ISSUES THE COMMITTEE CONSIDERS APPROPRIATE. 8,876
THE COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF 8,878
COUNTY COMMISSIONERS AND COUNTY DEPARTMENT OF HUMAN SERVICES 8,879
REGARDING THE COMMITTEE'S FINDINGS. 8,880
(3) Provide comments and recommendations to the board 8,882
208
prior to the board's entering into or substantially amending a 8,883
partnership agreement with the director of human services under 8,886
section 307.98 of the Revised Code; 8,887
(3)(4) Conduct public hearings on proposed county profiles 8,890
for the provision of social services under section 5101.46 of the 8,891
Revised Code; 8,893
(4)(5) At the request of the board, make recommendations 8,895
and provide assistance regarding the social services provided in 8,896
the county; 8,897
(5)(6) At any other time the committee considers 8,899
appropriate, consult with the board and make recommendations 8,900
regarding the social services provided in the county. The 8,901
committee's recommendations may address the following: 8,902
(a) Implementation and administration of social service 8,905
programs;
(b) Use of federal, state, and local funds available for 8,908
social service programs;
(c) Establishment of goals to be achieved by social 8,911
service programs;
(d) Evaluation of the outcomes of social service programs; 8,914
(e) Any other matter the board considers relevant to the 8,917
provision of social services.
(C) If there is a committee in existence in a county on 8,920
the effective date of this amendment OCTOBER 1, 1997, that the 8,921
board of county commissioners determines is capable of fulfilling 8,923
the responsibilities of a county human services planning 8,924
committee, the board may designate the committee as the county's 8,925
human services planning committee and the committee shall serve 8,926
in that capacity.
Sec. 329.07. AS USED IN THIS SECTION, "OHIO WORKS FIRST" 8,928
AND "TITLE IV-A" HAVE THE SAME MEANINGS AS IN SECTION 5107.02 OF 8,931
THE REVISED CODE.
EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE AT 8,933
LEAST ONE OHIO WORKS FIRST OMBUDSPERSON. A COUNTY DEPARTMENT MAY 8,934
209
PROVIDE FOR AN OHIO WORKS FIRST PARTICIPANT WHO RESIDES IN THE 8,935
COUNTY THE COUNTY DEPARTMENT SERVES AND IS QUALIFIED TO PERFORM 8,936
THE DUTIES OF AN OMBUDSPERSON TO BE AN OMBUDSPERSON. IF NO OHIO 8,938
WORKS FIRST PARTICIPANT RESIDING IN THE COUNTY THE COUNTY 8,939
DEPARTMENT SERVES IS QUALIFIED TO PERFORM THE DUTIES OF AN
OMBUDSPERSON, THE COUNTY DEPARTMENT SHALL PROVIDE FOR ONE OR MORE 8,940
EMPLOYEES OF THE COUNTY DEPARTMENT TO BE OMBUDSPERSONS OR 8,941
CONTRACT WITH A PERSON OR GOVERNMENT ENTITY FOR THE PERSON OR 8,942
ENTITY TO PERFORM THE DUTIES OF AN OMBUDSPERSON FOR THE COUNTY 8,943
DEPARTMENT. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE COUNTY 8,944
DEPARTMENT MAY USE FUNDS AVAILABLE UNDER TITLE IV-A TO PROVIDE 8,945
FOR COUNTY DEPARTMENT EMPLOYEES OR A PERSON OR GOVERNMENT ENTITY 8,947
UNDER CONTRACT WITH THE COUNTY DEPARTMENT TO PERFORM THE DUTIES 8,948
OF AN OMBUDSPERSON.
AN OHIO WORKS FIRST OMBUDSPERSON SHALL HELP OHIO WORKS 8,950
FIRST APPLICANTS AND PARTICIPANTS RESOLVE COMPLAINTS THE 8,951
APPLICANTS AND PARTICIPANTS HAVE ABOUT THE ADMINISTRATION OF OHIO 8,952
WORKS FIRST AND HELP PARTICIPANTS CONTACT CASEWORKERS FOR THE 8,953
PURPOSE OF SCHEDULING MEETINGS UNDER SECTION 5107.161 OF THE 8,954
REVISED CODE.
Sec. 329.12. (A) A county department of human services 8,964
may establish an individual development account program for 8,965
residents of the county. The program shall provide for 8,966
establishment of accounts for participants and acceptance of
contributions from others INDIVIDUALS AND ENTITIES, INCLUDING THE 8,967
COUNTY DEPARTMENT, to be used as matching funds for deposit in 8,968
the accounts. 8,969
(B) A county department shall select a fiduciary 8,973
organization to administer its individual development account 8,974
program. In selecting a fiduciary organization, the department 8,976
shall consider all of the following regarding the organization: 8,978
(1) Its ability to market the program to potential 8,980
participants and matching fund contributors; 8,981
(2) Its ability to invest money in the accounts in a way 8,984
210
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 8,986
ability to verify eligibility of individuals for participation in 8,987
the program, prevent unauthorized use of matching contributions, 8,989
and enforce any penalties for unauthorized uses that may be 8,990
provided for by rule adopted by the state department of human 8,991
services under section 5101.971 of the Revised Code.; 8,992
(4) Its ability to provide financial counseling to 8,995
participants;
(5) Its affiliation with other activities designed to 8,997
increase the independence of individuals and families through 8,998
postsecondary education, home ownership, and business 8,999
development; 9,000
(6) Any other factor the county department considers 9,002
appropriate.
(C) At the time it commences the program and on the first 9,006
day of each subsequent program year, the county department may 9,007
make a grant to the fiduciary organization to pay all or part of 9,008
the administrative costs of the program.
(D) The county department shall require the fiduciary 9,012
organization to collect and maintain information regarding the 9,013
program, including all of the following: 9,014
(1) The number of accounts established; 9,016
(2) The amount deposited by each participant and the 9,019
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 9,021
including the number of participants who used funds for 9,022
postsecondary educational expenses and the institutions attended, 9,024
the number of personal residences purchased, and the number of 9,025
participants who used funds for business capitalization; 9,026
(4) The demographics of program participants; 9,028
(5) The number of participants who withdrew from the 9,030
program and the reasons for withdrawal. 9,031
(E) The county department shall prepare and file with the 9,035
211
state department of human services a semi-annual report 9,036
containing the information the state department requires by rule 9,037
adopted under section 5101.971 of the Revised Code, with the 9,039
first report being filed at the end of the six-month period 9,040
following the effective date of this section OCTOBER 1, 1997. 9,041
Sec. 340.03. (A) Subject to rules issued by the director 9,050
of mental health after consultation with relevant constituencies 9,051
as required by division (A)(11) of section 5119.06 of the Revised 9,052
Code, with regard to mental health services, the board of 9,053
alcohol, drug addiction, and mental health services shall: 9,054
(1) Serve as the community mental health planning agency 9,056
for the county or counties under its jurisdiction, and in so 9,057
doing it shall: 9,058
(a) Evaluate the need for mental health programs and 9,060
facilities; 9,061
(b) Assess the community mental health needs, set 9,063
priorities, and develop plans for the operation of community 9,064
mental health services and programs, and facilities for those 9,065
services and programs, in cooperation with other local and 9,066
regional planning and funding bodies and with relevant ethnic 9,067
organizations; 9,068
(c) In accordance with guidelines issued by the director 9,070
of mental health after consultation with board representatives, 9,071
develop and submit to the department of mental health, no later 9,072
than six months prior to the conclusion of the fiscal year in 9,073
which the board's current plan is scheduled to expire, a 9,074
community mental health plan listing community mental health 9,075
needs, including the needs of all residents of the district now 9,076
residing in state mental institutions and severely mentally 9,077
disabled adults, children, and adolescents; all children subject 9,079
to a determination made pursuant to section 121.38 of the Revised
Code; and all mental health programs and facilities that are or 9,082
will be in operation during the period for which the plan will be 9,083
in operation in the service district to meet such needs. 9,084
212
The plan shall include, but not be limited to, a statement 9,086
of which of the services listed in section 340.09 of the Revised 9,087
Code the board intends to provide or purchase, an explanation of 9,088
how the board intends to make any payments that it may be 9,089
required to pay under section 5119.62 of the Revised Code, a 9,090
statement of the inpatient and community-based services the board 9,091
proposes that the department operate, an assessment of the number 9,092
and types of residential facilities needed, and such other 9,093
information as the department requests, and a budget for moneys 9,094
the board expects to receive. The board shall also submit an 9,095
allocation request for state and federal funds. Within sixty 9,096
days after the department's determination that the plan and 9,097
allocation request are complete, the department shall approve or 9,098
disapprove the plan and request, in whole or in part, according 9,099
to the criteria developed pursuant to section 5119.61 of the 9,100
Revised Code. The department's statement of approval or 9,101
disapproval shall specify the inpatient and the community-based 9,102
services that the department will operate for the board. 9,103
Eligibility for financial support shall be contingent upon an 9,104
approved plan or relevant part of a plan. 9,105
If the director disapproves all or part of any plan, he THE 9,107
DIRECTOR shall inform the board of the reasons for the 9,108
disapproval and of the criteria that must be met before the plan 9,109
may be approved. The director shall provide the board an 9,110
opportunity to present its case on behalf of the plan. The 9,111
director shall give the board a reasonable time in which to meet 9,112
the criteria, and shall offer the board technical assistance to 9,113
help it meet the criteria. 9,114
If the approval of a plan remains in dispute thirty days 9,116
prior to the conclusion of the fiscal year in which the board's 9,117
current plan is scheduled to expire, the board or the director 9,118
may request that the dispute be submitted to a mutually agreed 9,119
upon third-party mediator with the cost to be shared by the board 9,120
and the department. The mediator shall issue to the board and 9,121
213
the department recommendations for resolution of the dispute. 9,122
Prior to the conclusion of the fiscal year in which the current 9,123
plan is scheduled to expire, the director, taking into 9,124
consideration the recommendations of the mediator, shall make a 9,125
final determination and approve or disapprove the plan, in whole 9,126
or in part. 9,127
If a board determines that it is necessary to amend a plan 9,129
or an allocation request that has been approved under division 9,130
(A)(1)(c) of this section, the board shall submit a proposed 9,131
amendment to the director. The director may approve or 9,132
disapprove all or part of the amendment. If the director does 9,133
not approve all or part of the amendment within thirty days after 9,134
it is submitted, the amendment or part of it shall be considered 9,135
to have been approved. The director shall inform the board of 9,136
the reasons for disapproval of all or part of an amendment and of 9,138
the criteria that must be met before the amendment may be 9,140
approved. The director shall provide the board an opportunity to 9,141
present its case on behalf of the amendment. The director shall 9,142
give the board a reasonable time in which to meet the criteria, 9,143
and shall offer the board technical assistance to help it meet 9,144
the criteria.
The board shall implement the plan approved by the 9,146
department. 9,147
(d) Receive, compile, and transmit to the department of 9,149
mental health applications for state reimbursement; 9,150
(e) Promote, arrange, and implement working agreements 9,152
with social agencies, both public and private, and with judicial 9,153
agencies. 9,154
(2) Investigate, or request another agency to investigate, 9,156
any complaint alleging abuse or neglect of any person receiving 9,157
services from a community mental health agency as defined in 9,158
section 5122.01 of the Revised Code, or from a residential 9,159
facility licensed under section 5119.22 of the Revised Code. If 9,160
the investigation substantiates the charge of abuse or neglect, 9,161
214
the board shall take whatever action it determines is necessary 9,162
to correct the situation, including notification of the 9,163
appropriate authorities. Upon request, the board shall provide 9,164
information about such investigations to the department. 9,165
(3) Review, evaluate, and conduct program audits for 9,167
community mental health services, facilities, and agencies 9,168
seeking federal, state, or board assistance, review licensure 9,169
applications pursuant to section 5119.22 of the Revised Code, and 9,170
determine if the services meet minimum standards established 9,171
pursuant to division (G) of section 5119.01 of the Revised Code 9,172
and submit its findings and recommendations to the department of 9,173
mental health.; 9,174
(4) Audit, in accordance with rules adopted by the auditor 9,176
of state pursuant to section 117.20 of the Revised Code, at least 9,177
annually all programs and services provided under contract with 9,178
the board. In so doing, the board may contract for or employ the 9,179
services of private auditors. A copy of the fiscal audit report 9,180
shall be provided to the director of mental health, the auditor 9,181
of state, and the county auditor of each county in the board's 9,182
district. 9,183
(5) Recruit and promote local financial support for mental 9,185
health programs from private and public sources; 9,186
(6)(a) Enter into contracts with public and private 9,188
agencies for the provision of mental health services and 9,189
facilities. Section 307.86 of the Revised Code does not apply to 9,190
contracts entered into under this division. In contracting with 9,191
a public or private agency, a board shall consider the cost 9,192
effectiveness of services provided by that agency and the quality 9,193
and continuity of care, and may review cost elements, including 9,194
salary costs, of the services to be provided. A utilization 9,195
review process shall be established as part of the contract for 9,196
services entered into between a board and a public or private 9,197
agency. The board may establish this process in a way which is 9,198
most effective and efficient in meeting local needs. IN THE CASE 9,199
215
OF A CONTRACT WITH A COMMUNITY MENTAL HEALTH FACILITY DESCRIBED 9,200
IN DIVISION (B) OF SECTION 5111.022 OF THE REVISED CODE TO 9,201
PROVIDE SERVICES ESTABLISHED BY DIVISION (A) OF THAT SECTION, THE 9,202
CONTRACT SHALL PROVIDE FOR THE FACILITY TO BE PAID IN ACCORDANCE 9,203
WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS OF HUMAN 9,204
SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT SECTION AND 9,205
ANY RULES ADOPTED UNDER DIVISION (A) OF SECTION 5119.61 OF THE 9,206
REVISED CODE.
If either the board or a community mental health agency 9,208
with which it contracts for mental health services, programs, or 9,209
facilities proposes not to renew the contract or proposes 9,210
substantial changes in contract terms, the other party shall be 9,211
given written notice at least one hundred twenty days before the 9,212
expiration date of the contract. During the first sixty days of 9,213
this one hundred twenty-day period, both parties shall attempt to 9,214
resolve any dispute through good faith collaboration and 9,215
negotiation in order to continue to provide services to persons 9,216
in need. If the dispute has not been resolved sixty days before 9,217
the expiration date of the contract, either party may notify the 9,218
department of mental health of the unresolved dispute. The 9,219
director may require both parties to submit the dispute to a 9,220
third party with the cost to be shared by the board and the 9,221
agency. The third party shall issue to the board, the agency, 9,222
and the department recommendations on how the dispute may be 9,223
resolved twenty days prior to the expiration date of the 9,224
contract, unless both parties agree to a time extension. The 9,225
director shall adopt rules establishing the procedures of this 9,226
dispute resolution process. 9,227
(b) With the prior approval of the director of mental 9,229
health, a board may operate a mental health service, program, or 9,230
facility as follows, if there is no other qualified private or 9,231
public agency that is immediately available and willing to 9,232
operate such service, program, or facility: 9,233
(i) In an emergency situation, any board may operate a 9,235
216
mental health service, program, or facility in order to provide 9,236
essential services for the duration of the emergency; 9,237
(ii) In a service district with a population of at least 9,239
one hundred thousand but less than five hundred thousand, a board 9,240
may operate a mental health service, program, or facility for no 9,241
longer than one year; 9,242
(iii) In a service district with a population of less than 9,244
one hundred thousand, a board may operate a mental health 9,245
service, program, or facility for no longer than one year, except 9,246
that such a board may operate a mental health service, program, 9,247
or facility for more than one year with the prior approval of the 9,248
director and the prior approval of the board of county 9,249
commissioners, or of a majority of the boards of county 9,250
commissioners if the district is a joint-county district. 9,251
The director shall not give a board approval to operate a 9,254
mental health service, program, or facility under division
(A)(6)(b)(ii) or (iii) of this section unless the director 9,255
determines that it is not feasible to have the department operate 9,257
the service, program, or facility. 9,258
The director shall not give a board approval to operate a 9,261
mental health service, program, or facility under division
(A)(6)(b)(iii) of this section unless the director determines 9,262
that the board's service, program, or facility will provide 9,264
greater administrative efficiency and more or better services 9,265
than would be available if the board contracted with a private or 9,266
public agency for provision of the services. 9,267
The director shall not give a board approval to operate a 9,270
mental health service, program, or facility previously operated
by a community mental health agency unless the board has 9,271
established to the director's satisfaction that the agency cannot 9,272
effectively provide the service, program, or facility, or that 9,273
the agency has requested the board to take over operation of the 9,274
service, program, or facility. 9,275
The director shall review and evaluate the operation of 9,277
217
each mental health service, program, or facility operated by a 9,278
board under division (A)(6)(b) of this section. 9,279
Nothing in division (A)(6)(b) of this section authorizes a 9,281
board to administer or direct the daily operation of any 9,282
community mental health agency, but an agency may contract with a 9,283
board to receive administrative services or staff direction from 9,284
the board under the direction of the governing body of the 9,285
agency. 9,286
(7) Approve fee schedules and related charges or adopt a 9,288
unit cost schedule or other methods of payment for contract 9,289
services provided by community mental health agencies in 9,290
accordance with guidelines issued by the department as necessary 9,291
to comply with state and federal laws pertaining to financial 9,292
assistance; 9,293
(8) Submit to the director and the county commissioners of 9,295
the county or counties served by the board, and make available to 9,296
the public, an annual report of the programs under the 9,297
jurisdiction of the board, including a fiscal accounting; 9,298
(9) Establish, to the extent resources are available, a 9,300
community support system, which provides for treatment, support, 9,301
and rehabilitation services and opportunities. The essential 9,302
elements of the system include, but are not limited to, the 9,303
following components in accordance with section 5119.06 of the 9,304
Revised Code: 9,305
(a) To locate persons in need of mental health services to 9,307
inform them of available services and benefits mechanisms; 9,308
(b) Assistance for clients to obtain services necessary to 9,310
meet basic human needs for food, clothing, shelter, medical care, 9,311
personal safety, and income; 9,312
(c) Mental health care, including, but not limited to, 9,314
outpatient, partial hospitalization, and, where appropriate, 9,316
inpatient care;
(d) Emergency services and crisis intervention; 9,318
(e) Assistance for clients to obtain vocational services 9,320
218
and opportunities for jobs; 9,321
(f) The provision of services designed to develop social, 9,323
community, and personal living skills; 9,324
(g) Access to a wide range of housing and the provision of 9,326
residential treatment and support; 9,327
(h) Support, assistance, consultation, and education for 9,329
families, friends, consumers of mental health services, and 9,330
others; 9,331
(i) Recognition and encouragement of families, friends, 9,333
neighborhood networks, especially networks that include racial 9,334
and ethnic minorities, churches, community organizations, and 9,335
meaningful employment as natural supports for consumers of mental 9,336
health services; 9,337
(j) Grievance procedures and protection of the rights of 9,339
consumers of mental health services; 9,340
(k) Case management, which includes continual 9,342
individualized assistance and advocacy to ensure that needed 9,343
services are offered and procured. 9,344
(10) Designate the treatment program, agency, or facility 9,347
for each person involuntarily committed to the board pursuant to 9,348
Chapter 5122. of the Revised Code and authorize payment for such 9,349
treatment. The board shall provide the least restrictive and 9,350
most appropriate alternative that is available for any person 9,351
involuntarily committed to it and shall assure that the services 9,352
listed in section 340.09 of the Revised Code are available to 9,353
severely mentally disabled persons residing within its service 9,354
district. The board shall establish the procedure for 9,355
authorizing payment for services, which may include prior 9,356
authorization in appropriate circumstances. The board may
provide for services directly to a severely mentally disabled 9,357
person when life or safety is endangered and when no community 9,358
mental health agency is available to provide the service. 9,359
(11) Establish a method for evaluating referrals for 9,362
involuntary commitment and affidavits filed pursuant to section 9,363
219
5122.11 of the Revised Code in order to assist the probate 9,364
division of the court of common pleas in determining whether 9,365
there is probable cause that a respondent is subject to
involuntary hospitalization and what alternative treatment is 9,366
available and appropriate, if any. 9,367
(12) Ensure that apartments or rooms built, subsidized, 9,370
renovated, rented, owned, or leased by the board or a community 9,371
mental health agency have been approved as meeting minimum fire 9,372
safety standards and that persons residing in the rooms or 9,373
apartments are receiving appropriate and necessary services, 9,374
including culturally relevant services, from a community mental 9,375
health agency. This division does not apply to residential 9,376
facilities licensed pursuant to section 5119.22 of the Revised 9,377
Code.
(13) Establish a mechanism for involvement of consumer 9,380
recommendation and advice on matters pertaining to mental health 9,381
services in the alcohol, drug addiction, and mental health 9,382
service district;
(14) PERFORM THE DUTIES UNDER SECTION 3722.18 OF THE 9,384
REVISED CODE REQUIRED BY RULES ADOPTED UNDER SECTION 5119.61 OF 9,385
THE REVISED CODE REGARDING REFERRALS BY THE BOARD OR MENTAL 9,387
HEALTH AGENCIES UNDER CONTRACT WITH THE BOARD OF INDIVIDUALS WITH 9,388
MENTAL ILLNESS OR SEVERE MENTAL DISABILITY TO ADULT CARE 9,389
FACILITIES AND EFFECTIVE ARRANGEMENTS FOR ONGOING MENTAL HEALTH 9,390
SERVICES FOR THE INDIVIDUALS. THE BOARD IS ACCOUNTABLE IN THE 9,391
MANNER SPECIFIED IN THE RULES FOR ENSURING THAT THE ONGOING 9,392
MENTAL HEALTH SERVICES ARE EFFECTIVELY ARRANGED FOR THE
INDIVIDUALS. 9,393
(B) The board shall establish such rules, operating 9,395
procedures, standards, and bylaws, and perform such other duties 9,396
as may be necessary or proper to carry out the purposes of this 9,397
chapter. 9,398
(C) A board of alcohol, drug addiction, and mental health 9,401
services may receive by gift, grant, devise, or bequest any 9,402
220
moneys, lands, or property for the benefit of the purposes for 9,403
which the board is established, and may hold and apply it 9,404
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest 9,406
shall be deposited in the treasury of the county, the treasurer 9,407
of which is custodian of the alcohol, drug addiction, and mental 9,408
health services funds to the credit of the board and shall be 9,409
available for use by the board for purposes stated by the donor 9,410
or grantor.
(D) No board member or employee of a board of alcohol, 9,412
drug addiction, and mental health services shall be liable for 9,413
injury or damages caused by any action or inaction taken within 9,414
the scope of his THE BOARD MEMBER'S official duties or THE 9,415
EMPLOYEE'S employment, whether or not such action or inaction is 9,416
expressly authorized by this section, section 340.033, or any 9,417
other section of the Revised Code, unless such action or inaction 9,418
constitutes willful or wanton misconduct. Chapter 2744. of the 9,419
Revised Code applies to any action or inaction by a board member 9,420
or employee of a board taken within the scope of the board 9,421
member's official duties or employee's employment. For the
purposes of this division, the conduct of a board member or 9,422
employee shall not be considered willful or wanton misconduct if 9,423
the board member or employee acted in good faith and in a manner 9,424
that the board member or employee reasonably believed was in or 9,426
was not opposed to the best interests of the board and, with 9,427
respect to any criminal action or proceeding, had no reasonable 9,428
cause to believe the conduct was unlawful. 9,429
(E) The meetings held by any committee established by a 9,431
board of alcohol, drug addiction, and mental health services 9,432
shall be considered to be meetings of a public body subject to 9,433
section 121.22 of the Revised Code. 9,434
Sec. 340.05. A MENTAL HEALTH AGENCY THAT RECEIVES A 9,436
COMPLAINT UNDER SECTION 3722.17 OF THE REVISED CODE ALLEGING 9,437
ABUSE OR NEGLECT OF AN INDIVIDUAL WITH MENTAL ILLNESS OR SEVERE 9,438
221
MENTAL DISABILITY WHO RESIDES IN AN ADULT CARE FACILITY SHALL 9,439
REPORT THE COMPLAINT TO THE BOARD OF ALCOHOL, DRUG ADDICTION, AND 9,440
MENTAL HEALTH SERVICES SERVING THE ALCOHOL, DRUG ADDICTION, AND 9,441
MENTAL HEALTH SERVICE DISTRICT IN WHICH THE ADULT CARE FACILITY 9,442
IS LOCATED. A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 9,443
HEALTH SERVICES THAT RECEIVES SUCH A COMPLAINT OR A REPORT FROM A 9,444
MENTAL HEALTH AGENCY OF SUCH A COMPLAINT SHALL REPORT THE 9,445
COMPLAINT TO THE DIRECTOR OF HEALTH FOR THE PURPOSE OF THE 9,446
DIRECTOR CONDUCTING AN INVESTIGATION UNDER SECTION 3722.17 OF THE 9,447
REVISED CODE. THE BOARD MAY ENTER THE ADULT CARE FACILITY WITH 9,448
OR WITHOUT THE DIRECTOR AND, IF THE HEALTH AND SAFETY OF A 9,449
RESIDENT IS IN IMMEDIATE DANGER, TAKE ANY NECESSARY ACTION TO 9,450
PROTECT THE RESIDENT. THE BOARD'S ACTION SHALL NOT VIOLATE ANY 9,451
RESIDENT'S RIGHTS UNDER SECTION 3722.12 OF THE REVISED CODE AND 9,452
RULES ADOPTED BY THE PUBLIC HEALTH COUNCIL UNDER THAT CHAPTER. 9,454
THE BOARD SHALL IMMEDIATELY REPORT TO THE DIRECTOR REGARDING THE 9,455
BOARD'S ACTIONS UNDER THIS SECTION.
Sec. 340.091. EACH BOARD OF ALCOHOL, DRUG ADDICTION, AND 9,457
MENTAL HEALTH SERVICES SHALL CONTRACT WITH A COMMUNITY MENTAL 9,458
HEALTH AGENCY UNDER DIVISION (A)(6)(a) OF SECTION 340.03 OF THE 9,460
REVISED CODE FOR THE AGENCY TO DO ALL OF THE FOLLOWING IN 9,461
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 5119.61 OF THE 9,462
REVISED CODE FOR AN INDIVIDUAL REFERRED TO THE AGENCY UNDER 9,463
DIVISION (C)(2) OF SECTION 173.35 OF THE REVISED CODE: 9,464
(A) ASSESS THE INDIVIDUAL TO DETERMINE WHETHER TO 9,466
RECOMMEND THAT A PASSPORT ADMINISTRATIVE AGENCY DETERMINE THAT 9,467
THE ENVIRONMENT IN WHICH THE INDIVIDUAL WILL BE LIVING WHILE 9,468
RECEIVING RESIDENTIAL STATE SUPPLEMENT PAYMENTS IS APPROPRIATE 9,470
FOR THE INDIVIDUAL'S NEEDS AND, IF IT DETERMINES THE ENVIRONMENT
IS APPROPRIATE, ISSUE THE RECOMMENDATION TO THE PASSPORT 9,472
ADMINISTRATIVE AGENCY;
(B) PROVIDE ONGOING MONITORING TO ENSURE THAT SERVICES 9,474
PROVIDED UNDER SECTION 340.09 OF THE REVISED CODE ARE AVAILABLE 9,475
TO THE INDIVIDUAL; 9,477
222
(C) PROVIDE DISCHARGE PLANNING TO ENSURE THE INDIVIDUAL'S 9,479
EARLIEST POSSIBLE TRANSITION TO A LESS RESTRICTIVE ENVIRONMENT. 9,480
Sec. 341.011. (A) If a person who was convicted of or 9,489
pleaded guilty to an offense of violence that is a felony or was 9,491
indicted or otherwise charged with the commission of an offense 9,493
of violence that is a felony escapes from a county jail or 9,494
workhouse or otherwise escapes from the custody of the A sheriff 9,495
of that county, the sheriff immediately after the escape shall 9,496
cause notice of REPORT the escape, BY TELEPHONE AND IN WRITING, 9,499
TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE 9,500
PLACE WHERE THE PERSON ESCAPED FROM CUSTODY, TO THE STATE HIGHWAY 9,501
PATROL, TO THE DEPARTMENT OF REHABILITATION AND CORRECTION IF THE 9,502
ESCAPED PERSON IS A PRISONER UNDER THE CUSTODY OF THE DEPARTMENT 9,503
WHO IS IN THE JAIL OR WORKHOUSE, TO THE PROSECUTING ATTORNEY OF 9,504
THE COUNTY, AND to be published in a newspaper of general 9,505
circulation in the county. The sheriff also immediately after 9,506
the escape shall give notice of the escape by telephone and in 9,507
writing to the prosecuting attorney of the county. Upon THE 9,508
WRITTEN NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. 9,509
A FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF 9,511
SECTION 2921.22 OF THE REVISED CODE. 9,512
(B) UPON the apprehension of the escaped person, the 9,514
sheriff shall give notice of the apprehension of the escaped 9,516
person by telephone and in writing to the prosecuting attorney 9,517
PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 9,518
Sec. 718.01. (A) As used in this chapter: 9,527
(1) "Internal Revenue Code" means the Internal Revenue 9,529
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 9,530
(2) "Schedule C" means internal revenue service schedule C 9,532
filed by a taxpayer pursuant to the Internal Revenue Code. 9,533
(3) "Form 2106" means internal revenue service form 2106 9,535
filed by a taxpayer pursuant to the Internal Revenue Code. 9,536
(4) "Intangible income" means income of any of the 9,538
following types: income yield, interest, dividends, or other 9,539
223
income arising from the ownership, sale, exchange, or other 9,540
disposition of intangible property including, but not limited to, 9,541
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code. 9,542
(B) No municipal corporation with respect to that income 9,544
which THAT it may tax shall tax such income at other than a 9,546
uniform rate.
(C) No municipal corporation shall levy a tax on income at 9,548
a rate in excess of one per cent without having obtained the 9,549
approval of the excess by a majority of the electors of the 9,550
municipality voting on the question at a general, primary, or 9,551
special election. The legislative authority of the municipal 9,552
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the 9,553
ordinance together with a resolution specifying the date the 9,554
election is to be held and directing the board of elections to 9,555
conduct the election. The ballot shall be in the following form: 9,556
"Shall the Ordinance providing for a... per cent levy on income 9,557
for (Brief description of the purpose of the proposed levy) be
passed? 9,558
FOR THE INCOME TAX 9,560
AGAINST THE INCOME TAX" 9,562
In the event of an affirmative vote, the proceeds of the 9,564
levy may be used only for the specified purpose. 9,565
(D)(1) Except as otherwise provided in division (D)(2) of 9,567
this section, no municipal corporation shall exempt from a tax on 9,568
income, compensation for personal services of individuals over 9,569
eighteen years of age or the net profit from a business or 9,570
profession.
(2) The legislative authority of a municipal corporation 9,572
may, by ordinance or resolution, exempt from a tax on income any 9,573
compensation arising from the grant, sale, exchange, or other 9,574
disposition of a stock option; the exercise of a stock option; or 9,575
the sale, exchange, or other disposition of stock purchased under 9,576
224
a stock option.
(E) Nothing in this section shall prevent a municipal 9,578
corporation from permitting lawful deductions as prescribed by 9,579
ordinance. If a taxpayer's taxable income includes income 9,580
against which the taxpayer has taken a deduction for federal 9,581
income tax purposes as reportable on the taxpayer's form 2106, 9,582
and against which a like deduction has not been allowed by the
municipal corporation, the municipal corporation shall deduct 9,583
from the taxpayer's taxable income an amount equal to the 9,584
deduction shown on such form allowable against such income, to 9,585
the extent not otherwise so allowed as a deduction by the 9,586
municipal corporation. In the case of a taxpayer who has a net
profit from a business or profession that is operated as a sole 9,587
proprietorship, no municipal corporation may tax or use as the 9,588
base for determining the amount of the net profit that shall be 9,589
considered as having a taxable situs in the municipal 9,590
corporation, a greater amount than the net profit reported by the
taxpayer on schedule C filed in reference to the year in question 9,591
as taxable income from such sole proprietorship, except as 9,592
otherwise specifically provided by ordinance or regulation. 9,593
(F) No municipal corporation shall tax any of the 9,595
following:
(1) The military pay or allowances of members of the armed 9,597
forces of the United States and of members of their reserve 9,598
components, including the Ohio national guard; 9,599
(2) The income of religious, fraternal, charitable, 9,601
scientific, literary, or educational institutions to the extent 9,602
that such income is derived from tax-exempt real estate, 9,603
tax-exempt tangible or intangible property, or tax-exempt 9,604
activities;
(3) Except as otherwise provided in division (G) of this 9,606
section, intangible income; 9,607
(4) Compensation paid under section 3501.28 or 3501.36 of 9,609
the Revised Code to a person serving as a precinct election 9,610
225
official, to the extent that such compensation does not exceed 9,611
one thousand dollars annually. Such compensation in excess of 9,612
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 9,613
of such compensation to withhold any tax from that compensation. 9,614
(5) Compensation paid to an employee of a transit 9,616
authority, regional transit authority, or regional transit 9,617
commission created under Chapter 306. of the Revised Code for 9,618
operating a transit bus or other motor vehicle for the authority 9,619
or commission in or through the municipal corporation, unless the
bus or vehicle is operated on a regularly scheduled route, the 9,620
operator is subject to such a tax by reason of residence or 9,621
domicile in the municipal corporation, or the headquarters of the 9,622
authority or commission is located within the municipal 9,623
corporation.
(6) The income of a public utility when that public 9,625
utility is subject to the tax levied under section 5727.24 OR 9,626
5727.30 of the Revised Code. 9,628
(G) Any municipal corporation that taxes any type of 9,630
intangible income on March 29, 1988, pursuant to Section 3 of 9,631
Amended Substitute Senate Bill No. 238 of the 116th general 9,632
assembly, may continue to tax that type of income after 1988 if a 9,633
majority of the electors of the municipal corporation voting on 9,634
the question of whether to permit the taxation of that type of
intangible income after 1988 vote in favor thereof at an election 9,635
held on November 8, 1988. 9,636
(H) Nothing in this section or section 718.02 of the 9,638
Revised Code, shall authorize the levy of any tax on income which 9,640
THAT a municipal corporation is not authorized to levy under 9,642
existing laws or shall require a municipal corporation to allow a 9,643
deduction from taxable income for losses incurred from a sole 9,644
proprietorship or partnership.
Sec. 742.63. The board of trustees of the police and 9,653
firemen's disability and pension fund shall adopt rules for the 9,655
226
management of the firemen and policemen's death benefit fund and 9,657
for disbursements of benefits as set forth in this section. 9,658
(A) As used in this section: 9,660
(1) "Member" means a member of the police and firemen's 9,662
disability and pension fund or the state highway patrol 9,663
retirement system, or a member of the public employees retirement 9,664
system who at the time of the member's death was a county sheriff 9,665
or deputy sheriff, a full-time regular police officer in a 9,666
municipal corporation or township, a full-time regular 9,667
firefighter employed by the state, an instrumentality of the 9,669
state, a municipal corporation, a township, a joint fire 9,670
district, or another political subdivision, a full-time park 9,671
district ranger or patrol trooper, a full-time law enforcement 9,672
officer of the department of natural resources, a full-time 9,673
department of public safety enforcement agent, a full-time law 9,674
enforcement officer of parks, waterway lands, or reservoir lands 9,677
under the control of a municipal corporation, a full-time law 9,678
enforcement officer of a conservancy district, a correction 9,679
officer at an institution under the control of a county, a group 9,680
of counties, a municipal corporation, or the department of 9,681
rehabilitation and correction, a state university law enforcement 9,682
officer, or a member of a retirement system operated by a 9,683
municipal corporation who at the time of death was a full-time 9,684
law enforcement officer of parks, waterway lands, or reservoir 9,685
lands under the control of the municipal corporation. 9,686
(2) Notwithstanding section 742.01 of the Revised Code, 9,688
"fire or police department" includes a fire department of the 9,689
state or an instrumentality of the state or of a municipal 9,690
corporation, township, joint fire district, or other political 9,691
subdivision, the state highway patrol, a county sheriff's office, 9,692
the security force of an institution under the control of the 9,693
department of rehabilitation and correction, the security force 9,694
of a jail or workhouse under the control of a county, group of 9,695
counties, or municipal corporation, the security force of a 9,696
227
metropolitan, county, or township park district, the security 9,697
force of lands under the control of the department of natural 9,698
resources, department of public safety enforcement agents, the 9,700
security force of parks, waterway lands, or reservoir lands under 9,702
the control of a municipal corporation, the security force of a 9,703
conservancy district, the police department of a township or 9,704
municipal corporation, and the police force of a state 9,705
university.
(3) "Firefighter or police officer" includes a state 9,708
highway patrol trooper, a county sheriff or deputy sheriff, a 9,709
correction officer at an institution under the control of a 9,710
county, a group of counties, a municipal corporation, or the 9,711
department of rehabilitation and correction, a police officer 9,712
employed by a township or municipal corporation, a firefighter 9,714
employed by the state, an instrumentality of the state, a 9,716
municipal corporation, a township, a joint fire district, or 9,717
another political subdivision, a full-time park district ranger 9,718
or patrol trooper, a full-time law enforcement officer of the 9,720
department of natural resources, a full-time department of public 9,721
safety enforcement agent, a full-time law enforcement officer of 9,723
parks, waterway lands, or reservoir lands under the control of a 9,724
municipal corporation, a full-time law enforcement officer of a 9,725
conservancy district, and a state university law enforcement 9,726
officer.
(4) "Correction officer" includes, in addition to any 9,728
correction officer, any correction corporal, sergeant, 9,729
lieutenant, or captain, and the equivalents of all such persons. 9,730
(5) "A park district ranger or patrol trooper" means a 9,733
peace officer commissioned to make arrests, execute warrants, and 9,734
preserve the peace upon lands under the control of a board of 9,735
park commissioners of a metropolitan, county, or township park 9,736
district. 9,737
(6) "Metropolitan, county, or township park district" 9,739
means a park district created under the authority of Chapter 511. 9,740
228
or 1545. of the Revised Code. 9,741
(7) "Conservancy district" means a conservancy district 9,743
created under the authority of Chapter 6101. of the Revised Code. 9,744
(8) "Law enforcement officer" means an officer 9,746
commissioned to make arrests, execute warrants, and preserve the 9,747
peace upon lands under the control of the governmental entity 9,748
granting the commission. 9,749
(9) "Department of natural resources law enforcement 9,751
officer" includes a forest officer designated pursuant to section 9,752
1503.29 of the Revised Code, a preserve officer designated 9,753
pursuant to section 1517.10 of the Revised Code, a wildlife 9,754
officer designated pursuant to section 1531.13 of the Revised 9,755
Code, a park officer designated pursuant to section 1541.10 of 9,756
the Revised Code, and a state watercraft officer designated 9,757
pursuant to section 1547.521 of the Revised Code. 9,758
(10) "Retirement eligibility date" means the last day of 9,760
the month in which a deceased member would have first become 9,761
eligible, had the member lived, for the retirement pension 9,762
provided under section 145.33, division (C)(1) of section 742.37, 9,763
or division (A)(1) of section 5505.17 of the Revised Code or 9,764
provided by a retirement system operated by a municipal 9,765
corporation.
(11) "Death benefit amount" means an amount equal to the 9,767
full monthly salary received by a deceased member prior to death, 9,768
minus an amount equal to the benefit received under section 9,769
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 9,770
benefit received from a retirement system operated by a municipal 9,771
corporation, plus any increases in salary that would have been
granted the deceased member. 9,772
(12) "Killed in the line of duty" means either of the 9,774
following:
(a) Death in the line of duty; 9,776
(b) Death from injury sustained in the line of duty, 9,779
including heart attack or other fatal injury or illness caused
229
while in the line of duty. 9,780
(B) A spouse of a deceased member shall receive a death 9,782
benefit each month equal to the full death benefit amount, 9,783
provided that the deceased member was a firefighter or police 9,784
officer killed in the line of duty and there are no surviving 9,785
children eligible for a benefit under this section. The spouse 9,786
shall receive this benefit during the spouse's natural life until 9,788
the earlier of the deceased member's retirement eligibility date 9,789
or the spouse's remarriage, on which date the benefit provided 9,790
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 9,792
firefighter or police officer is survived only by a child or 9,795
children, the child or children shall receive a benefit each 9,796
month equal to the full death benefit amount. If there is more 9,797
than one surviving child, the benefit shall be divided equally 9,799
among these children.
(2) If the death benefit paid under this division is 9,801
divided among two or more surviving children and any of the 9,802
children become ineligible to continue receiving a portion of the 9,803
benefit as provided in division (H) of this section, the full 9,804
death benefit amount shall be paid to the remaining eligible 9,805
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 9,806
death benefit amount. 9,807
(3) Notwithstanding divisions (C)(1) and (2) of this 9,810
section, all death benefits paid under this division shall 9,811
terminate on the deceased member's retirement eligibility date. 9,812
(D) If a member killed in the line of duty as a 9,814
firefighter or police officer is survived by both a spouse and a 9,815
child or children, the monthly benefit provided shall be as 9,816
follows: 9,817
(1)(a) If there is a surviving spouse and one surviving 9,819
child, the spouse shall receive an amount each month equal to 9,821
one-half of the full death benefit amount and the child shall 9,823
230
receive an amount equal to one-half of the full death benefit 9,824
amount.
(b) If the surviving spouse becomes ineligible to continue 9,826
receiving a death benefit due to remarriage or death, DIES or the 9,827
child becomes ineligible as provided in division (H) of this 9,829
section, the surviving spouse or child remaining eligible shall 9,830
receive the full death benefit amount. 9,831
(2)(a) If there is a surviving spouse and more than one 9,833
child, the spouse shall receive an amount each month equal to 9,835
one-third of the full death benefit amount and the children shall 9,837
receive an amount, equally divided among them, equal to 9,838
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 9,840
a death benefit under division (D)(2)(a) of this section and the 9,842
spouse becomes ineligible to receive a benefit due to remarriage 9,843
or death DIES, the children shall receive an amount each month, 9,844
equally divided among them, equal to the full death benefit 9,845
amount.
(c) If a spouse and more than one child each are receiving 9,847
a benefit under division (D)(2)(a) of this section and any of the 9,849
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 9,850
child or children shall receive a death benefit as follows: 9,851
(i) If there are two or more remaining eligible children, 9,853
the spouse shall receive an amount each month equal to one-third 9,854
of the full death benefit amount and the children shall receive 9,855
an amount each month, equally divided among them, equal to 9,856
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 9,858
shall receive an amount each month equal to one-half of the full 9,859
death benefit amount, and the child shall receive an amount each 9,860
month equal to one-half of the full death benefit amount. 9,861
(d) If a spouse and more than one child each are receiving 9,863
a benefit under division (D)(2)(a) of this section and all of the 9,865
231
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 9,866
death benefit amount. 9,867
(3) Notwithstanding divisions (D)(1) and (2) of this 9,869
section, death benefits paid under this division to a surviving 9,870
spouse shall terminate on the earlier of the member's retirement 9,872
eligibility date or the spouse's remarriage. Death benefits paid 9,873
to a surviving child or children shall terminate on the deceased 9,874
member's retirement eligibility date unless earlier terminated 9,875
pursuant to division (H) of this section. 9,876
(E) If a member, on or after January 1, 1980, is killed in 9,879
the line of duty as a firefighter or police officer and is 9,880
survived by only a parent or parents dependent upon the member 9,882
for support, the parent or parents shall receive an amount each 9,884
month equal to the full death benefit amount. If there is more 9,886
than one surviving parent dependent upon the deceased member for 9,887
support, the death benefit amount shall be divided equally among 9,888
the surviving parents. On the death of one of the surviving 9,889
parents, the full death benefit amount shall be paid to the other
parent. 9,890
(F) A surviving spouse whose benefits are terminated in 9,892
accordance with division (B) or (D)(3) of this section on the 9,893
deceased member's retirement eligibility date, or who would 9,894
qualify for a benefit under division (B) or (D) of this section 9,895
except that the deceased member reached the member's retirement 9,896
eligibility date prior to the member's death, shall receive a 9,897
monthly death benefit under this division. The monthly death 9,899
benefit shall be one-half of an amount equal to the monthly 9,900
salary received by the deceased member prior to the member's 9,901
death, plus any salary increases the deceased member would have 9,903
received prior to the member's retirement eligibility date. The 9,905
benefit shall terminate on the surviving spouse's remarriage or 9,906
death. A death benefit payable under this division shall be 9,908
reduced by an amount equal to any allowance or benefit payable to 9,909
232
the surviving spouse under section 742.3714 of the Revised Code. 9,910
(G)(1) If there is not a surviving spouse eligible to 9,914
receive a death benefit under division (F) of this section or the 9,915
surviving spouse receiving a death benefit under that division 9,916
becomes ineligible to receive the benefit due to remarriage or 9,917
death DIES, a surviving child or children whose benefits under 9,919
division (C) or (D) of this section are or have been terminated 9,920
pursuant to division (C)(3) or (D)(3) of this section or who 9,922
would qualify for a benefit under division (C) or (D) of this 9,923
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 9,924
receive a monthly death benefit under this division. The monthly 9,925
death benefit shall be one-half of an amount equal to the monthly 9,926
salary received by the deceased member prior to the member's 9,927
death, plus any salary increases the member would have received 9,929
prior to the member's retirement eligibility date. If there is 9,930
more than one surviving child, the benefit shall be divided 9,931
equally among the surviving children. 9,932
(2) If two or more surviving children each are receiving a 9,934
benefit under this division and any of those children becomes 9,935
ineligible to continue receiving a benefit as provided in 9,936
division (H) of this section, the remaining eligible child or 9,937
children shall receive an amount equal to one-half of the monthly 9,938
salary received by the deceased member prior to death, plus any 9,939
salary increases the deceased member would have received prior to 9,940
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 9,941
among the eligible children. 9,942
(3) A death benefit, or portion of a death benefit, 9,944
payable to a surviving child under this division shall be reduced 9,945
by an amount equal to any allowance or benefit payable to that 9,946
child under section 742.3714 of the Revised Code, but the 9,947
reduction in that child's benefit shall not affect the amount 9,948
payable to any other surviving child entitled to a portion of the 9,949
233
death benefit.
(H) A death benefit paid to a surviving child under 9,952
division (C), (D), or (G) of this section shall terminate on the 9,953
death of the child or, unless one of the following is the case, 9,954
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 9,956
is unable to provide the child's own support, in which case the 9,957
death benefit shall terminate when the disability is removed; 9,959
(2) The child is unmarried, under age twenty-two, and a 9,961
student in and attending an institution of learning or training 9,962
pursuant to a program designed to complete in each school year 9,963
the equivalent of at least two-thirds of the full-time curriculum 9,964
requirements of the institution, as determined by the trustees of 9,965
the fund.
(I) Acceptance of any death benefit under this section 9,967
does not prohibit a spouse or child from receiving other benefits 9,968
provided under the police and firemen's disability and pension 9,969
fund, the state highway patrol retirement system, the public 9,970
employees retirement system, or a retirement system operated by a 9,971
municipal corporation. 9,972
(J) No person shall receive a benefit under this section 9,974
if any of the following occur: 9,975
(1) The person fails to exercise the right to a monthly 9,977
survivor benefit under division (A) or (B) of section 145.45, 9,978
division (D), (E), or (F) of section 742.37, or division (A)(3), 9,979
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 9,980
survivor benefit from a retirement system operated by a municipal 9,981
corporation; or to a retirement allowance under section 742.3714 9,982
of the Revised Code. 9,983
(2) The member's accumulated contributions under this 9,985
chapter or Chapter 145. or 5505. of the Revised Code are refunded 9,986
unless the member had been a member of the public employees 9,987
retirement system and had fewer than eighteen months of total 9,988
service credit at the time of death. 9,989
234
(3) In the case of a full-time park district ranger or 9,991
patrol trooper, a full-time law enforcement officer of the 9,993
department of natural resources, a full-time law enforcement 9,994
officer of parks, waterway lands, or reservoir lands under the 9,995
control of a municipal corporation, a full-time law enforcement 9,996
officer of a conservancy district, a correction officer at an 9,997
institution under the control of a county, group of counties, or 9,998
municipal corporation, or a member of a retirement system 9,999
operated by a municipal corporation who at the time of the 10,000
member's death was a full-time law enforcement officer of parks, 10,002
waterway lands, or reservoir lands under the control of the 10,003
municipal corporation, the member died prior to April 9, 1981, in 10,004
the case of a benefit under division (B), (C), or (D) of this 10,005
section, or prior to January 1, 1980, in the case of a benefit 10,006
under division (E) of this section. 10,007
(4) In the case of a full-time department of public safety 10,009
enforcement agent who prior to the effective date of this 10,010
amendment JUNE 30, 1999, was a liquor control investigator of the 10,013
department of public safety, the member died prior to December
23, 1986; 10,014
(5) In the case of a full-time department of public safety 10,016
enforcement agent other than an enforcement agent who, prior to 10,017
the effective date of this amendment JUNE 30, 1999, was a liquor 10,019
control investigator, the member died prior to the effective date 10,021
of this amendment JUNE 30, 1999.
(K) A SURVIVING SPOUSE WHOSE BENEFIT WAS TERMINATED PRIOR 10,023
TO THE EFFECTIVE DATE OF THIS AMENDMENT DUE TO REMARRIAGE SHALL 10,024
RECEIVE A BENEFIT UNDER DIVISION (B), (D), OR (F) OF THIS SECTION 10,025
BEGINNING ON THE FIRST DAY OF THE MONTH FOLLOWING RECEIPT BY THE 10,026
BOARD OF AN APPLICATION ON A FORM PROVIDED BY THE BOARD. THE 10,027
BENEFIT AMOUNT SHALL BE DETERMINED AS OF THAT DATE. 10,028
(1) IF THE BENEFIT WILL BEGIN PRIOR TO THE DECEASED 10,030
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 10,031
DIVISION (B) OR (D) OF THIS SECTION AND SHALL TERMINATE AS 10,032
235
PROVIDED IN THOSE DIVISIONS. A BENEFIT PAID TO A SURVIVING 10,033
SPOUSE UNDER DIVISION (D) OF THIS SECTION SHALL BE DETERMINED IN 10,035
ACCORDANCE WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING 10,036
CHILDREN ARE REDUCED AS A RESULT. 10,037
(2) IF THE BENEFIT WILL BEGIN ON OR AFTER THE DECEASED 10,039
MEMBER'S RETIREMENT ELIGIBILITY DATE, IT SHALL BE PAID UNDER 10,040
DIVISION (F) OF THIS SECTION AND SHALL TERMINATE AS PROVIDED IN 10,041
THAT DIVISION. A BENEFIT PAID TO A SURVIVING SPOUSE UNDER 10,042
DIVISION (F) OF THIS SECTION SHALL BE DETERMINED IN ACCORDANCE 10,043
WITH THAT DIVISION, EVEN IF BENEFITS PAID TO SURVIVING CHILDREN 10,044
ARE TERMINATED AS A RESULT.
Sec. 753.19. (A) If a person who was convicted of or 10,053
pleaded guilty to an offense of violence that is a felony or was 10,054
indicted or otherwise charged with the commission of an offense 10,055
of violence that is a felony escapes from a jail or workhouse of 10,056
a municipal corporation or otherwise escapes from the custody of 10,057
a municipal corporation, the chief of police or other chief law 10,058
enforcement officer of that municipal corporation immediately 10,059
after the escape shall cause notice of REPORT the escape, BY 10,061
TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT AGENCIES 10,062
WITH JURISDICTION OVER THE PLACE WHERE THE PERSON ESCAPED FROM
CUSTODY, TO THE STATE HIGHWAY PATROL, TO THE DEPARTMENT OF 10,063
REHABILITATION AND CORRECTION IF THE ESCAPED PERSON IS A PRISONER 10,064
UNDER THE CUSTODY OF THE DEPARTMENT WHO IS IN THE JAIL OR 10,066
WORKHOUSE, TO THE PROSECUTING ATTORNEY OF THE COUNTY, AND to be 10,067
published in a newspaper of general circulation in the municipal 10,068
corporation and in a newspaper of general circulation in each 10,069
county in which part of the municipal corporation is located. 10,070
The chief law enforcement officer also immediately after the 10,071
escape shall give notice of the escape by telephone and in 10,072
writing to the prosecuting attorney of the county in which the 10,073
offense was committed. Upon THE WRITTEN NOTICE MAY BE BY EITHER 10,074
FACSIMILE TRANSMISSION OR MAIL. A FAILURE TO COMPLY WITH THIS 10,076
REQUIREMENT IS A VIOLATION OF SECTION 2921.22 OF THE REVISED 10,078
236
CODE.
(B) UPON the apprehension of the escaped person, the chief 10,081
law enforcement officer shall give notice of the apprehension of 10,082
the escaped person by telephone and in writing to the prosecuting 10,083
attorney PERSONS NOTIFIED UNDER DIVISION (A) OF THIS SECTION. 10,084
Sec. 901.41. As used in this section and in section 901.42 10,094
of the Revised Code:
(A) "Director" means the director of agriculture or the 10,096
designee of the director of agriculture. 10,097
(B) "Exhibition" means a display of animals that is open 10,100
to the public.
(C) "National exhibition" means an exhibition where 10,102
species from fifteen or more states or nations are exhibited. 10,103
(D) "Nonprofit association" means any corporation, 10,105
society, partnership, or other organization formed under the laws 10,106
of this state or another state or nation providing for the 10,107
establishment and governance of nonprofit entities. 10,108
(E) "Ohio expositions center" means the property that is 10,111
held by this state for the purpose of conducting fairs, 10,112
expositions, and exhibits and that is maintained and managed by 10,113
the Ohio expositions commission under section 991.03 of the 10,114
Revised Code.
(F) "Premium awards" means money, ribbons, banners, 10,117
medals, achievement pins, trophies, or merchandise presented for 10,118
animals of superior quality. 10,119
(G) "Rental costs" means the costs associated with the 10,122
rental of the facilities, or a portion thereof, at the Ohio 10,123
expositions center, including, without limitation, grounds, 10,124
buildings, pens, animal feeding or watering equipment, and 10,125
tieouts. "Rental costs" also include INCLUDES labor costs 10,126
associated with set-up, tear-down, and security. 10,128
(H) "Species" means dairy cattle, beef cattle, swine, 10,130
RABBITS, POULTRY, and sheep. 10,131
Sec. 901.62. (A) The agricultural financing commission 10,140
237
shall consist of eight NINE members. Six of the members shall be 10,142
appointed by the governor with the advice and consent of the 10,143
senate. The director of agriculture, THE DIRECTOR OF 10,145
DEVELOPMENT, and the treasurer of state or, in their absence, 10,146
their designees, shall also be voting members of the commission. 10,147
Of the six appointed members, three shall have experience in 10,148
agriculture, and three shall have experience in agricultural 10,149
finance, including lending and loan servicing. No more than four 10,150
of the appointed members of the commission shall be of the same 10,151
political party. The speaker of the house of representatives and 10,152
the president of the senate shall each recommend to the governor 10,153
one person for consideration as one of the governor's 10,154
appointments. Terms of office for appointed members shall be for 10,155
six years commencing on the first day of February and ending on 10,156
the thirty-first day of January. Each member shall hold office 10,157
from the date of his appointment until the end of the term for 10,158
which he was appointed. Any member appointed to fill a vacancy 10,159
occurring prior to the expiration of the term for which his THE 10,160
MEMBER'S predecessor was appointed shall hold office for the 10,162
remainder of such THAT term. Any appointed member shall continue 10,164
in office subsequent to the expiration date of his THE MEMBER'S 10,165
term until his THE MEMBER'S successor takes office, or until a 10,166
period of sixty days has elapsed, whichever occurs first. Each 10,168
appointed member may be removed from office by the governor for 10,169
misfeasance, nonfeasance, or malfeasance in office, or for 10,170
failure to attend in person three consecutive meetings of the 10,171
agency COMMISSION.
(B) The director of agriculture shall be the chairman 10,173
CHAIRPERSON of the commission. The commission shall elect one of 10,175
its appointed members as vice-chairman VICE-CHAIRPERSON and such 10,176
other officers as it considers necessary, who need not be members 10,178
of the commission. Each appointed member of the commission shall 10,179
receive compensation at the rate of fifty dollars per commission 10,180
meeting attended in person, not to exceed a maximum of three 10,181
238
thousand dollars per year. All members shall be reimbursed for 10,182
their actual and necessary expenses incurred in the discharge of 10,183
their official duties. Members of the commission shall file with 10,184
the Ohio ethics commission the disclosure statement described in 10,185
division (A) of section 102.02 of the Revised Code on the form 10,186
prescribed by the Ohio ethics commission and subject to divisions 10,187
(C) and (D) of that section. 10,188
(C) Five members of the commission constitute a quorum, 10,190
and the affirmative vote of five members shall be necessary for 10,191
any action taken by the commission. No vacancy in membership of 10,192
the commission impairs the right of a quorum to exercise all the 10,193
rights and perform all the duties of the commission. Meetings of 10,194
the commission may be held at any place within the state. 10,195
Meetings of the commission, including notice of the place of 10,196
meetings, shall comply with section 121.22 of the Revised Code. 10,197
Sec. 901.63. (A) The agricultural financing commission 10,206
shall do both of the following until June 30, 1999 JULY 1, 2001: 10,208
(1) Make recommendations to the director of agriculture 10,210
about financial assistance applications made pursuant to sections 10,212
901.80 to 901.83 of the Revised Code. In making its 10,213
recommendations, the commission shall utilize criteria 10,214
established by rules adopted under division (A)(8)(b) of section 10,215
901.82 of the Revised Code. 10,216
(2) Advise the director in the administration of sections 10,218
901.80 to 901.83 of the Revised Code. 10,219
With respect to sections 901.80 to 901.83 of the Revised 10,222
Code, the role of the commission is solely advisory. No officer, 10,223
member, or employee of the commission is liable for damages in a 10,224
civil action for any injury, death, or loss to person or property 10,225
that allegedly arises out of purchasing any loan or providing a 10,226
loan guarantee, failure to purchase a loan or provide a loan 10,227
guarantee, or failure to take action under sections 901.80 to 10,228
901.83 of the Revised Code, or that allegedly arises out of any 10,229
act or omission of the department of agriculture that involves 10,230
239
those sections. 10,231
(B) The commission may: 10,233
(1) Adopt bylaws for the conduct of its business; 10,235
(2) Exercise all rights, powers, and duties conferred on 10,237
the commission as an issuer under Chapter 902. of the Revised 10,238
Code; 10,239
(3) Contract with, retain, or designate financial 10,241
consultants, accountants, and such other consultants and 10,242
independent contractors as the commission may determine to be 10,243
necessary or appropriate to carry out the purposes of this 10,244
chapter and to fix the terms of those contracts; 10,245
(4) Undertake and carry out or authorize the completion of 10,247
studies and analyses of agricultural conditions and needs within 10,248
the state relevant to the purpose of this chapter to the extent 10,249
not otherwise undertaken by other departments or agencies of the 10,250
state satisfactory for such purpose; 10,251
(5) Acquire by gift, purchase, foreclosure, or other 10,253
means, and hold, assign, pledge, lease, transfer, or otherwise 10,254
dispose of, real and personal property, or any interest in that 10,256
real and personal property, in the exercise of its powers and the 10,257
performance of its duties under this chapter and Chapter 902. of 10,258
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 10,260
financial or other form of aid from any federal, state, local, or 10,261
private agency or fund and enter into any contract with any such 10,262
agency or fund in connection therewith, and receive and accept 10,263
aid or contributions from any other source of money, property, 10,264
labor, or things of value, to be held, used, and applied only for 10,265
the purposes for which such grants and contributions are made, 10,266
all within the purposes of this chapter and Chapter 902. of the 10,267
Revised Code; 10,268
(7) Sue and be sued in its own name with respect to its 10,270
contracts or to enforce this chapter or its obligations or 10,271
covenants made under this chapter and Chapter 902. of the Revised 10,272
240
Code; 10,273
(8) Make and enter into all contracts, commitments, and 10,275
agreements, and execute all instruments necessary or incidental 10,276
to the performance of its duties and the execution of its powers 10,277
under this chapter and Chapter 902. of the Revised Code; 10,278
(9) Adopt an official seal; 10,280
(10) Do any and all things necessary or appropriate to 10,282
carry out the public purposes and exercise the powers granted to 10,283
the commission in this chapter and Chapter 902. of the Revised 10,284
Code and the public purposes of Section 13 of Article VIII, Ohio 10,285
Constitution. 10,286
Sec. 924.51. (A) There is hereby created the Ohio grape 10,295
industries committee consisting of nine members. The members 10,296
shall be the director of agriculture or the director's designee, 10,297
who shall chair the committee, the director of liquor control or 10,298
the director's designee, the chief of the division of markets of 10,300
the department of agriculture, the viticulture extension 10,301
specialist of the Ohio agricultural research and development 10,302
center, WHO SHALL BE A NONVOTING MEMBER, and five members who 10,303
shall be appointed by the director of agriculture. 10,304
(B) Of the five members of the committee appointed by the 10,306
director of agriculture, two shall be persons who receive the 10,307
major portion of their income from the production of grapes. The 10,308
term of one of these members shall begin January 1, 1982, and end 10,309
December 31, 1982, and the second member's term shall begin 10,310
January 1, 1982, and end December 31, 1983. Two members shall be 10,311
persons who receive the major portion of their income from the 10,312
production of wine from raw grape or fruit products in either raw 10,313
fruit or fresh juice form. The term of one of these members 10,314
shall begin January 1, 1982, and end December 31, 1982, and the 10,315
second member's term shall begin January 1, 1982, and end 10,316
December 31, 1983. One member shall be a person the major 10,317
portion of whose income is from the production of grape products 10,318
other than wine, such as juice, jams, or jellies; that member's 10,319
241
term shall begin January 1, 1982, and end December 31, 1984. 10,320
Thereafter, the terms for each appointed member of the committee 10,321
shall be for three years, commencing on the first day of January 10,322
and ending on the thirty-first day of December. No appointed 10,323
member shall serve more than two consecutive terms. The director 10,324
may remove any appointed member for cause. 10,325
(C) Members shall be appointed to fill vacancies caused by 10,327
death, resignation, or removal in the same manner prescribed for 10,328
regular appointment to the committee. Any member appointed to 10,329
fill a vacancy occurring prior to the expiration of the term for 10,330
which the member's predecessor was appointed shall hold office 10,331
for the remainder of the term. Any member shall continue in 10,333
office subsequent to the expiration date of that member's term 10,334
until that member's successor takes office, or until a period of 10,336
sixty days has elapsed, whichever occurs first. 10,337
(D) All members of the committee are entitled to their 10,339
actual and necessary expenses incurred in the performance of 10,340
their duties as members, payable from moneys received from the 10,341
Ohio grape industries fund created under section 924.54 of the 10,342
Revised Code. 10,343
(E) A majority of the committee constitutes a quorum. 10,345
Sec. 1101.15. (A)(1) Except as provided in division 10,354
(A)(2) of this section, no person other than a bank doing 10,355
business under authority granted by the superintendent of 10,356
financial institutions, the bank chartering authority of another 10,357
state, the office of the comptroller of the currency, or the bank 10,359
chartering authority of a foreign country shall do either of the 10,360
following:
(a) Use "bank," "banker," or "banking," or a word or words 10,362
of similar meaning in any other language, as a designation or 10,363
name, or as part of a designation or name, under which business 10,364
is or may be conducted in this state; 10,365
(b) Represent itself as a bank. 10,367
(2)(a) A corporation doing business under Chapter 1151. of 10,370
242
the Revised Code may use the phrase WORD "savings bank," 10,372
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,374
business is or may be conducted in this state, as provided in 10,376
section 1151.07 of the Revised Code. 10,377
(b) A corporation doing business under Chapter 1161. of 10,380
the Revised Code may use the phrase WORD "savings bank," 10,382
"BANKER," OR "BANKING," OR A WORD OR WORDS OF SIMILAR MEANING IN
ANY OTHER LANGUAGE, as part of a designation or name under which 10,385
business is or may be conducted in this state, as provided in 10,386
section 1161.09 of the Revised Code. 10,387
(c) A corporation doing business under authority granted 10,389
by the office of thrift supervision may use the phrase WORD 10,390
"savings bank," "BANKER," OR "BANKING," OR A WORD OR WORDS OF 10,392
SIMILAR MEANING IN ANY OTHER LANGUAGE, as part of a designation 10,394
or name under which business is or may be conducted in this 10,395
state.
(d) A nonprofit organization, whether or not incorporated 10,397
under Chapter 1702. of the Revised Code, may use THE WORD "bank," 10,398
"banker," or "banking," or a word or words of similar meaning in 10,401
any other language, as part of a designation or name under which 10,402
business is or may be conducted if the superintendent determines 10,403
the organization's use is not likely to mislead the public and
authorizes the organization to use the word or words. 10,404
(B)(1) Except as provided in division (B)(2) of this 10,407
section, no person, other than a corporation licensed in
accordance with authority granted in Chapter 1111. OF THE REVISED 10,408
CODE as a trust company, a savings and loan association licensed 10,410
under section 1151.348 of the Revised Code to serve as a 10,411
fiduciary, a national bank with trust powers, or a federal
savings association with trust powers, shall do either of the 10,412
following:
(a) Use the word "trust," or a word or words of similar 10,414
meaning in any other language, as a designation or name, or part 10,415
243
of a designation or name, under which business is or may be 10,416
conducted in this state;
(b) Otherwise represent itself as a fiduciary or trust 10,418
company.
(2)(a) A person that is not required to be licensed under 10,420
Chapter 1111. of the Revised Code may serve as a fiduciary and, 10,421
when acting in that fiduciary capacity, otherwise represent 10,423
himself, herself, or itself SUCH PERSON as a fiduciary. 10,424
(b) A person licensed by another state to serve as a 10,426
fiduciary and exempt from licensure under Chapter 1111. of the 10,427
Revised Code may serve as a fiduciary to the extent permitted by 10,428
the exemption.
(c) A savings and loan association may serve as a trustee 10,430
to the extent authorized by section 1151.191 of the Revised Code. 10,431
(d) A savings bank may serve as a trustee to the extent 10,433
authorized by section 1161.24 of the Revised Code. 10,434
(e) A charitable trust, business trust, real estate 10,436
investment trust, personal trust, or other bona fide trust may 10,438
use the word "trust" or a word or words of similar meaning in any 10,439
other language, as a designation or name, or part of a
designation or name, under which business is or may be conducted. 10,440
(f) A nonprofit organization, whether or not incorporated 10,442
under Chapter 1702. of the Revised Code, may use "trust" or a 10,444
word or words of similar meaning in any other language, as a 10,445
designation or name, or part of a designation or name, under 10,446
which business is or may be conducted, if the superintendent 10,447
determines the organization's use is not likely to mislead the
public and authorizes the organization to use the word or words. 10,448
(C) No bank shall use "state" as part of a designation or 10,450
name under which it transacts business in this state, unless the 10,451
bank is doing business under authority granted by the 10,452
superintendent or the bank chartering authority of another state. 10,453
Sec. 1107.15. A bank's board of directors may declare 10,462
dividends and distributions on the bank's outstanding shares, 10,463
244
subject to all of the following conditions: 10,464
(A) Payment EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) 10,466
OF THIS SECTION, PAYMENT of a dividend or distribution may only 10,467
be funded from undivided profits. 10,469
(B) A dividend or distribution may be FUNDED, IN WHOLE OR 10,472
IN PART, FROM SURPLUS WITH THE APPROVAL OF BOTH OF THE FOLLOWING: 10,473
(1) THE HOLDERS OF AT LEAST TWO-THIRDS OF THE OUTSTANDING 10,475
SHARES OF EACH CLASS OF THE BANK'S STOCK; 10,476
(2) THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS. 10,478
(C) A DIVIDEND OR DISTRIBUTION MAY BE paid in treasury 10,481
shares or in authorized but unissued shares, if the board makes 10,482
the required transfers to surplus and paid-in capital. 10,483
(C)(D) The approval of the superintendent of financial 10,485
institutions is required for the declaration of dividends and 10,487
distributions if the total of all dividends and distributions 10,488
declared on the bank's shares in any year, and not paid in 10,489
shares, exceeds the total of its net income for that year
combined with its retained net income of the preceding two years. 10,490
(D)(E) Prior to the declaration of any dividend or 10,492
distribution the bank has made all required allocations to 10,494
reserves for losses or contingencies. 10,495
Sec. 1109.23. (A) No bank may extend credit to any of its 10,505
executive officers, directors, or principal shareholders, or to
any of their related interests, except as authorized by this 10,506
section.
(B)(1) A bank may extend credit to any of its executive 10,508
officers, directors, or principal shareholders, or to any of 10,509
their related interests, only if all of the following apply to 10,510
the extension of credit: 10,511
(1)(a) The extension of credit is made on substantially 10,513
the same terms, including interest rates and collateral, as those 10,514
terms prevailing at the time for comparable transactions by the 10,515
bank with persons who are not executive officers, directors, 10,516
principal shareholders, or employees of the bank. 10,517
245
(2)(b) The extension of credit does not involve more than 10,519
the normal risk of repayment or present other unfavorable 10,520
features.
(3)(c) The bank follows credit underwriting procedures 10,522
that are not less stringent than those applicable to comparable 10,523
transactions by the bank with persons who are not executive 10,524
officers, directors, principal shareholders, or employees of the 10,525
bank. 10,526
(2) NOTHING IN DIVISION (B)(1) OF THIS SECTION SHALL BE 10,529
CONSTRUED TO PROHIBIT ANY EXTENSION OF CREDIT MADE PURSUANT TO A 10,530
BENEFIT OR COMPENSATION PROGRAM THAT MEETS BOTH OF THE FOLLOWING 10,531
CONDITIONS: 10,532
(a) THE PROGRAM IS WIDELY AVAILABLE TO ALL EMPLOYEES OF 10,534
THE BANK; 10,535
(b) THE PROGRAM DOES NOT GIVE PREFERENCE TO ANY OFFICER, 10,537
DIRECTOR, OR PRINCIPAL SHAREHOLDER OF THE BANK, OR TO ANY RELATED 10,538
INTEREST OF AN OFFICER, DIRECTOR, OR PRINCIPAL SHAREHOLDER, OVER 10,540
OTHER EMPLOYEES OF THE BANK.
(C) A bank may extend credit to any of its executive 10,542
officers, directors, or principal shareholders, or to any of 10,543
their related interests, in an amount that, when aggregated with 10,544
the amount of all outstanding extensions of credit by the bank to 10,545
the executive officer, director, or principal shareholder and 10,547
that person's related interests, would exceed an amount 10,549
prescribed by the superintendent of financial institutions, only 10,550
if both of the following conditions are met: 10,551
(1) The extension of credit has been approved in advance 10,553
by a majority vote of the bank's entire board of directors. 10,554
(2) The executive officer, director, or principal 10,556
shareholder, who or whose related interest would be obligated on 10,557
the extension of credit, has abstained from participating, 10,558
directly or indirectly, in the deliberations or voting on the 10,559
extension of credit. 10,560
(D) A bank may extend credit to any of its executive 10,562
246
officers, directors, or principal shareholders, or to any of 10,563
their related interests, only if the extension of credit is in an 10,565
amount that, when aggregated with the amount of all outstanding 10,566
extensions of credit by the bank to the executive officer, 10,568
director, or principal shareholder and that person's related 10,569
interests, would not exceed the limit on loans to a single 10,570
borrower established by section 1109.22 of the Revised Code. 10,571
(E)(1) A bank may extend credit to any of its executive 10,573
officers, directors, or principal shareholders, or to any of 10,574
their related interests, if the extension of credit is in an 10,575
amount that, when aggregated with the amount of all outstanding 10,576
extensions of credit by the bank to all of its executive 10,577
officers, directors, principal shareholders, and their related 10,579
interests, would not exceed the bank's unimpaired capital. 10,580
(2) The superintendent may prescribe a limit that is more 10,583
stringent than the limit contained in division (E)(1) of this 10,584
section.
(3) The superintendent may make exceptions to division 10,587
(E)(1) of this section for banks with less than one hundred 10,588
million dollars in deposits, if the superintendent determines 10,589
that the exceptions are important to avoid constricting the 10,590
availability of credit in small communities or to attract 10,591
directors to those banks. In no case may the aggregate amount of 10,592
all outstanding extensions of credit by a bank to all of its 10,593
executive officers, directors, principal shareholders, and their 10,594
related interests, be more than two times the bank's unimpaired 10,595
capital.
(F)(1) If any executive officer or director of a bank has 10,597
an account at the bank, the bank may not pay from that account an 10,598
amount exceeding the funds on deposit in the account. 10,599
(2) Division (F)(1) does not prohibit the bank from paying 10,602
funds in accordance with either of the following:
(a) A written, preauthorized, interest-bearing extension 10,604
of credit specifying a method of repayment; 10,605
247
(b) A written preauthorized transfer of funds from another 10,607
account of the executive officer or director at that bank. 10,608
(G) No executive officer, director, or principal 10,610
shareholder shall knowingly receive, or knowingly permit any of 10,612
that person's related interests to receive, from a bank, directly 10,613
or indirectly, any extension of credit not authorized under this 10,614
section. 10,615
(H)(1) Subject to division (H)(2) of this section, for 10,617
purposes of this section, any executive officer, director, or 10,619
principal shareholder of any company of which the bank is a 10,620
subsidiary, or of any other subsidiary of that company, is deemed 10,621
to be an executive officer, director, or principal shareholder, 10,622
respectively, of the bank.
(2) The superintendent may make exceptions to the 10,624
application of division (H)(1) of this section, except for the 10,626
application of division (B) of this section, for persons ANY 10,627
PERSON who are IS AN executive officers OFFICER or directors 10,628
DIRECTOR of subsidiaries A SUBSIDIARY of a company that controls 10,630
a bank, but who do IF BOTH OF THE FOLLOWING APPLY: 10,631
(a) THE PERSON DOES not have authority to participate, and 10,634
do DOES not participate, in major policymaking functions of the 10,635
bank.
(b) THE ASSETS OF THE SUBSIDIARY DO NOT EXCEED TEN PER 10,637
CENT OF THE CONSOLIDATED ASSETS OF THE COMPANY THAT CONTROLS THE 10,638
BANK, AND THE SUBSIDIARY IS NOT CONTROLLED BY ANY OTHER COMPANY. 10,639
(I) For purposes of this section: 10,641
(1) "Bank" includes any subsidiary of a bank. 10,643
(2)(a) "Company" means any corporation, partnership, 10,645
business or other trust, association, joint venture, pool 10,646
syndicate, sole proprietorship, unincorporated organization, or 10,647
other business entity. 10,648
(b) "Company" does not include either of the following: 10,650
(i) A bank, savings bank, or savings association, the 10,653
deposits of which are insured by the federal deposit insurance 10,654
248
corporation;
(ii) A corporation the majority of the shares of which are 10,656
owned by the United States or by any state of the United States. 10,657
(3) "Control" of a company or bank by a person means the 10,660
person, directly or indirectly, or acting through or in concert 10,661
with one or more persons, meets any of the following:
(a) The person owns, controls, or has the power to vote 10,663
twenty-five per cent or more of any class of the company's or 10,664
bank's voting securities. 10,665
(b) The person controls in any manner the election of a 10,667
majority of the company's or bank's directors. 10,668
(c) The person has the power to exercise a controlling 10,670
influence over the company's or bank's management or policies. 10,671
(4) "Executive officer" means a person who participates or 10,673
has the authority to participate, other than as a director, in 10,674
major policymaking functions of a company or bank. 10,675
(5) To "extend credit" or to make an "extension of credit" 10,677
means to make or renew any loan, to grant a line of credit, or to 10,678
enter into any similar transaction as a result of which an 10,679
executive officer, director, or principal shareholder, or any of 10,681
that person's related interests, becomes obligated, directly,
indirectly, or by any means whatsoever, to pay money or its 10,682
equivalent to the bank. 10,683
(6) "Principal shareholder" means a person who, directly 10,685
or indirectly, or acting through or in concert with one or more 10,686
persons, owns, controls, or has the power to vote more than ten 10,687
per cent of any class of voting securities of a bank or company, 10,689
other than a company of which the bank is a subsidiary. 10,690
(7) "Related interest" of a person means either of the 10,692
following: 10,693
(a) Any company controlled by that person; 10,695
(b) Any political committee or campaign committee that is 10,697
controlled by that person or the funds or services of which will 10,698
benefit that person. 10,699
249
(8) "Subsidiary" means any company of which a bank or 10,701
company meets any of the following: 10,702
(a) The bank or company owns twenty-five per cent or more 10,704
of the voting shares of the company. 10,705
(b) The bank or company controls in any manner the 10,707
election of a majority of the directors of the company. 10,708
(c) The bank or company has the power, directly or 10,710
indirectly, to exercise a controlling influence with respect to 10,711
the management or policies of the company. 10,712
Sec. 1151.07. (A) The name of every A savings and loan 10,721
association organized after May 11, 1908 SAVINGS BANK, or 10,722
incorporated before said date and changing its name after said 10,724
date, shall begin with any word it may select and end with 10,725
"company" or with "association." Such association also BANK may 10,726
use IN its name in any order it designates, and may use, with 10,728
other words not forbidden by law, any of the following words or 10,729
combinations of words: "savings," "building," "loan," "savings 10,730
and loan," or "building and loan, "BANK," "BANKER," OR "BANKING." 10,731
No savings and loan association shall use, singly or in 10,733
combination, any of the following words: "trust," "federal,"
"national," "U.S.," "United States," or "international." 10,734
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,736
NO person, firm, company, association, fiduciary, partnership, or 10,738
corporation, either domestic or foreign, unless he THE PERSON or 10,739
it ENTITY is lawfully authorized to do business in this state 10,741
under the provisions of this chapter and actually is engaged in 10,742
carrying on a savings and loan association business or making 10,743
loans as authorized under section 1151.296 of the Revised Code, 10,744
shall do business under any name or title which THAT contains the 10,746
terms "savings association," "savings and loan association," 10,747
"building and loan association," "building association," or any 10,748
combination employing either or both of the words "building" or 10,749
"loan" with the words "saving" or "savings," or words of similar 10,750
import, or use any name or sign or circulate or use any 10,751
250
letterhead, billhead, circular or paper whatever, or advertise or 10,752
represent in any manner which THAT indicates that his THE 10,754
PERSON'S or its ENTITY'S business is the character or kind of 10,756
business carried on or transacted by a savings and loan 10,757
association or which THAT leads any person to believe that his 10,758
THE PERSON'S or its ENTITY'S business is that of a savings and 10,759
loan association. Upon application by the superintendent of 10,760
savings and loan associations FINANCIAL INSTITUTIONS or any such 10,761
SAVINGS AND LOAN association, a court of competent jurisdiction 10,763
may issue an injunction to restrain any such entity from 10,764
violating or continuing to violate any of the provisions of THIS 10,765
division (B) of this section. The prohibitions of this division 10,767
shall not apply to any corporation or association formed for the 10,768
purpose of promoting the interests of savings and loan 10,769
associations, the membership of which is comprised of thrift
institutions or their officers or other representatives. 10,770
(C) Notwithstanding any provision of the Revised Code, the 10,772
articles of incorporation and constitution of any savings and 10,773
loan association may be amended by its board of directors in 10,774
accordance with section 1151.44 of the Revised Code to change its 10,775
name in a manner by which the words "savings bank" are 10,776
substituted for the words "company" or "association"; provided, 10,777
however that any such amendment shall be submitted to the 10,778
superintendent for approval, upon the grant of which the 10,779
amendment shall be certified by the superintendent to the 10,780
secretary of state for filing. 10,781
Sec. 1151.201. A building and loan association may 10,790
purchase its own shares of permanent stock, if such THE purchase 10,791
is not inconsistent with its articles, constitution, or bylaws: 10,793
(A) To avoid the issuance of or to eliminate fractional 10,795
shares;
(B) From a decedent's estate subject to such reasonable 10,797
terms and conditions as the superintendent by regulation 10,798
prescribes.
251
Sec. 1155.07. Every savings and loan association organized 10,807
under the laws of this state shall make, as of the thirty-first 10,808
day of December and the thirtieth day of June of each year, a 10,809
report of the affairs and business of the association for the 10,810
preceding half year, showing its financial condition at the end 10,811
thereof. The statement as of the thirty-first day of December 10,812
shall be the annual statement of the association. The 10,813
superintendent of savings and loan associations FINANCIAL 10,814
INSTITUTIONS may also require monthly reports. 10,815
The superintendent may, by written order mailed to the 10,817
managing officer of such an association, require any association 10,818
to submit to him THE SUPERINTENDENT within a reasonable time 10,819
specified in the written order a report concerning its real 10,820
estate and other assets, other than the appraisals required by 10,821
section 1151.54 of the Revised Code. 10,822
Any such association refusing or neglecting to file any 10,824
report required by this section within the time specified shall 10,825
forfeit one hundred dollars for every day that such default 10,826
continues unless such penalty, in whole or in part, is waived by 10,827
the superintendent. The superintendent may maintain an action in 10,828
the name of the state to recover such forfeiture which, upon its 10,829
collection, shall be paid into the state treasury to the credit 10,830
of the division of savings and loan associations INSTITUTIONS 10,832
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE.
Every such association shall maintain adequate, complete, 10,834
and correct accounts and shall observe such generally accepted 10,835
accounting principles and practices or generally accepted 10,836
auditing standards, as the superintendent prescribes. The 10,837
superintendent shall demand once a year, and at the expense of 10,838
the association, that its accounts be audited by an independent 10,839
auditor. A copy of the audit report shall be submitted to the 10,840
board of directors of the association and filed, together with 10,841
management's reponse, with the superintendent within thirty days 10,842
after presentation of the completed report to the board or not 10,843
252
later than the thirty-first day of March of the year next 10,844
succeeding the year for which the audit was conducted, whichever 10,845
occurs first, unless the time is extended by the superintendent. 10,846
At the conclusion of his THE audit of an association, an 10,848
independent auditor shall attend a meeting at which there are 10,849
present only the outside directors of the association or a 10,850
committee comprised of and appointed by such outside directors 10,851
and fully disclose at that time to those directors all audit 10,852
exceptions that developed during the audit and all relevant data 10,853
and information concerning the financial condition, investment 10,854
practices, and other financial policies and procedures of the 10,855
association. The meeting shall be held at a time and place that 10,856
is agreed upon by the independent auditor and the outside 10,857
directors or their committee. A complete record of the 10,858
proceedings of the meeting shall be kept in a minute book that is 10,859
maintained solely for the purpose of keeping such records. 10,860
Nothing in this paragraph shall be construed to prevent the 10,861
independent auditor from meeting at other times with inside 10,862
directors, officers, or employees of the association. 10,863
The superintendent may prescribe a schedule for the 10,865
preservation and destruction of books, records, certificates, 10,866
documents, reports, correspondence, and other instruments, 10,867
papers, and writings of such an association, even if such 10,868
association has been liquidated pursuant to law. An association 10,869
may dispose of any books, records, certificates, documents, 10,870
reports, correspondence, and other instruments, papers, and 10,871
writings which have been retained or preserved for the period 10,872
prescribed by the superintendent pursuant to this paragraph. The 10,873
requirements of this paragraph may be complied with by the 10,874
preservation of records in the manner prescribed in section 10,875
2317.41 of the Revised Code. 10,876
Sec. 1155.10. Whenever the superintendent of building and 10,885
loan associations FINANCIAL INSTITUTIONS considers it necessary, 10,887
he THE SUPERINTENDENT may make a special examination of any 10,888
253
building SAVINGS and loan association, and the expense of such 10,889
THE examination shall be paid by such THE association. Such 10,890
expenses shall be collected by the superintendent and paid into 10,892
the state treasury to the credit of the division of building and 10,893
loan associations SAVINGS INSTITUTIONS fund ESTABLISHED UNDER 10,894
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 10,896
superintendent otherwise than in the ordinary routine of his THE 10,897
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 10,898
opinion, the condition of the association requires such
examination, is a special examination within the meaning of this 10,899
section.
Sec. 1155.13. (A)(1) Each savings and loan association 10,908
subject to inspection and examination by the superintendent of 10,909
financial institutions and transacting business in this state as 10,910
of the thirty-first day of December of the prior fiscal year, or 10,911
the savings and loan association's successor in interest, shall 10,912
pay annual assessments to the superintendent as provided in this 10,913
section.
(2) After determining the budget of the division of 10,915
financial institutions for examination and regulation of savings 10,916
and loan associations, but prior to establishing the annual 10,917
assessment amount necessary to fund that budget, the
superintendent shall include any amounts collected but not yet 10,918
expended or encumbered by the superintendent in the previous 10,919
fiscal year's budget and remaining in the building and loan 10,920
associations SAVINGS INSTITUTIONS fund from the amount to be 10,921
assessed. Based upon the resulting budget amount, the 10,922
superintendent shall make an assessment upon each savings and 10,923
loan association based on the total assets as shown on the books 10,924
of the savings and loan association as of the thirty-first day of 10,925
December of the previous fiscal year. The assessments shall be 10,926
collected on an annual or periodic basis within the fiscal year, 10,927
as determined by the superintendent.
(3) A savings and loan association authorized by the 10,929
254
superintendent to commence business in the period between 10,930
assessments shall pay the actual reasonable costs of the 10,931
division's examinations and visitations.
(B) Assessments and fees charged pursuant to this section 10,933
shall be paid within fourteen days after receiving an invoice for 10,934
payment of the assessment or fee. 10,935
Any assessment or fee collected is not refundable. 10,937
(C) The superintendent shall pay all assessments and fees 10,939
charged pursuant to this section and all forfeitures required to 10,940
be paid to the superintendent into the state treasury to the 10,941
credit of the building and loan associations SAVINGS INSTITUTIONS 10,942
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE. 10,943
(D) Any money deposited into the state treasury to the 10,945
credit of the building and loan associations SAVINGS INSTITUTIONS 10,946
fund, but not expended or encumbered by the superintendent to 10,948
defray the costs of administering Chapter CHAPTERS 1151. to 1157. 10,950
of the Revised Code, shall remain in the building and loan
associations SAVINGS INSTITUTIONS fund for expenditures by the 10,951
superintendent in subsequent years in the administration of 10,953
Chapters 1151. to 1157. of the Revised Code.
Sec. 1161.09. (A) The name of every A savings bank 10,962
organized on or after the effective date of this section shall 10,963
begin with any word it may select and end with "company" or with 10,964
"savings bank." No, savings AND LOAN ASSOCIATION, OR bank shall 10,966
MAY use, singly or in combination ITS NAME, WITH OTHER WORDS NOT 10,967
FORBIDDEN BY LAW, any of the following words or abbreviations 10,968
COMBINATIONS OF WORDS: "trust SAVINGS," "federal BUILDING," 10,970
"national LOAN," "U.S. SAVINGS AND LOAN," "United States BUILDING 10,971
AND LOAN," "BANK," "BANKER," or "international BANKING." 10,973
(B) No EXCEPT AS PROVIDED IN DIVISION (A) OF THIS SECTION, 10,975
NO person, firm, company, association, fiduciary, partnership, or 10,977
corporation, either domestic or foreign, unless he THE PERSON or 10,978
it ENTITY is lawfully authorized to do business in this state 10,979
under this chapter and actually is engaged in carrying on a 10,980
255
savings bank business, shall do business under any name or title 10,981
which THAT contains the terms "savings bank," "savings bank 10,982
company," or words of similar import, or use any name or sign or 10,984
circulate or use any letterhead, billhead, circular or paper 10,985
whatever, or advertise or represent in any manner which THAT 10,986
indicates that his THE PERSON'S or its ENTITY'S business is the 10,989
character or kind of business carried on or transacted by a 10,991
savings bank or which THAT leads any person to believe that his 10,993
THE PERSON'S or its ENTITY'S business is that of a savings bank. 10,994
(C) Upon application by the superintendent of savings 10,996
banks FINANCIAL INSTITUTIONS or any savings bank, a court of 10,997
competent jurisdiction may issue an injunction to restrain any 10,999
entity from violating or continuing to violate division (B) of 11,000
this section.
(D) Division (B) of this section does not apply to any 11,002
corporation or association formed for the purpose of promoting 11,003
the interests of savings banks or other similar institutions, 11,004
banks organized under Chapter 1101. of the Revised Code, or 11,005
savings and loan associations organized under Chapter 1151. of 11,006
the Revised Code. 11,007
Sec. 1161.38. A savings bank shall observe the following 11,016
procedures in making real estate loans: 11,017
(A) The savings bank may make loans upon obligations 11,019
secured by a mortgage or deed of trust on real estate, which 11,020
mortgage or deed of trust shall be made directly to the savings 11,021
bank. This section does not prevent a savings bank organized 11,022
under this chapter from accepting additional security when the 11,023
primary and principal security is a mortgage or deed of trust on 11,024
real estate. 11,025
(B) The title of the borrower shall be a fee simple title 11,027
or a leasehold or subleasehold estate in real property extending 11,028
or renewable automatically or at the option of the holder for 11,029
five years after maturity of the loan, if, in the event of 11,030
default, the real estate could be used to satisfy the obligation 11,031
256
with the same priority as a mortgage or a deed of trust in the 11,032
jurisdiction where the real estate is located. 11,033
(C) In respect to any loan made upon the security of real 11,035
estate, if it is agreed or contemplated that improvements will be 11,036
made on the real estate and become a part of the security, the 11,037
real estate is "improved" within the meaning of division (B) of 11,038
section 1161.36 and section 1161.37 of the Revised Code and the 11,039
value of the improvements shall be included in the appraisal 11,040
value of the real estate. As used in this division, 11,041
"improvements" does not include "development" as defined in 11,042
division (F) of section 1161.39 of the Revised Code. 11,043
(D) No savings bank shall grant a mortgage loan unless it 11,045
has first obtained a written application, signed by the applicant 11,046
borrower or his THE APPLICANT BORROWER'S agent, the form and 11,047
contents of which shall disclose the purpose for which the loan 11,049
is sought and the identity of the security property. The records 11,050
for each loan shall contain a written report of the financial 11,051
ability and credit standing of the borrower. 11,052
(E) Machinery and equipment in a building that are adapted 11,054
to the use being made of the land and building and that are 11,055
intended to be permanent additions thereto will constitute a 11,056
portion of the real estate for purposes of this chapter and may 11,057
be appraised in calculating the maximum permissible loan for 11,058
purposes of this chapter notwithstanding that the law of this 11,059
state is otherwise for tax or other special purposes. 11,060
(F) The records for each loan shall include an appraisal 11,062
report prepared and signed by an appraisal committee, or by a 11,063
qualified appraiser designated by its board of directors, prior 11,064
to the approval of an application for a loan, and information and 11,065
data concerning the appraised property to substantiate the market 11,066
value of the security described in the report. The reports shall 11,067
be kept by the savings bank in such form as to be available at 11,068
all times to the examiners or other agents of the superintendent 11,069
of savings banks FINANCIAL INSTITUTIONS. 11,070
257
(G)(1)(a) Except as provided in division (G)(1)(b) of this 11,072
section, no savings bank shall make any loan LOANS or extension 11,074
EXTENSIONS of credit to any one borrower in excess of THAT, IN 11,075
THE AGGREGATE, EXCEED fifteen per cent of its THE SAVING BANK'S 11,076
unimpaired capital and surplus OR FIVE HUNDRED THOUSAND DOLLARS, 11,077
WHICHEVER IS GREATER. 11,078
(b) A savings bank may extend additional credit to any one 11,080
borrower in an amount equal to ten per cent of the savings bank's 11,081
unimpaired capital and unimpaired surplus, if this additional 11,082
loan is secured by readily marketable collateral having at all 11,083
times a current value of at least one hundred per cent of the 11,084
amount of the loan. If the value of the collateral falls below 11,085
one hundred per cent of the outstanding loan, the loan becomes 11,086
subject to the general fifteen per cent limitation provided in 11,087
division (G)(1)(a) of this section. 11,088
(c) Loans or extensions of credit that exceed the fifteen 11,090
per cent GENERAL limitation PROVIDED IN DIVISION (G)(1)(a) OF 11,092
THIS SECTION shall be brought into conformance with THAT division 11,094
(G)(1)(a) of this section within five business days.
(2) The superintendent of savings banks FINANCIAL 11,096
INSTITUTIONS shall adopt rules, in accordance with Chapter 119. 11,098
of the Revised Code, to establish standards governing loans or 11,099
the extension of credit to one borrower. The rules shall be 11,100
consistent with and not less stringent than any rules adopted by 11,101
the federal deposit insurance corporation and the regulations 11,102
issued by the office of the comptroller of the currency, 12 11,103
C.F.R. Part 32, as amended, dealing with limitations on loans and 11,104
extensions of credit to one borrower. 11,105
(H)(1) No savings bank, directly or indirectly, shall make 11,107
any loan to any of its officers, directors, shareholders, 11,108
controlling persons, or to members of their immediate families, 11,109
or to any corporation, partnership, trust, or other form of 11,110
business entity in which any of its officers, directors, 11,111
shareholders, or controlling persons have any interest, except as 11,112
258
authorized pursuant to section 22(h) of the "Federal Reserve Act 11,113
of 1913," 38 Stat. 251, 48 Stat. 182, and 92 Stat. 3644, 12 11,114
U.S.C. 221, 375a, and 375b, as amended, and in accordance with 11,115
the rules and regulations issued thereunder. 11,116
(2) No savings bank shall make any loan, or otherwise 11,118
extend credit, or engage in any transaction with any of its 11,119
affiliates, except as authorized under sections 23A and 23B of 11,120
the "Federal Reserve Act of 1913," 38 Stat. 251, 48 Stat. 183, 11,121
and 101 Stat. 564, 12 U.S.C. 221, 371c, and 371c-1, as amended. 11,122
(I) The limitations and conditions imposed by this chapter 11,124
do not apply to a purchase money mortgage taken by a savings bank 11,125
upon real estate sold by it, to a mortgage held by a savings bank 11,126
to secure a debt previously contracted, or to prevent or diminish 11,127
loss with respect to loans or renewals of the loans. 11,128
(J) The limitations contained in this chapter, relating to 11,130
maximum loan terms and loan-to-value ratios, do not apply to any 11,131
loan on the security of a first lien on real estate that is being 11,132
constructed, remodeled, rehabilitated, modernized, or renovated, 11,133
to be the subject of an annual contributions contract for 11,134
low-rent housing under the "United States Housing Act of 1937," 11,135
50 Stat. 888, 42 U.S.C. 1401, as amended. No loan by a savings 11,136
bank on the security of this real estate shall exceed ninety per 11,137
cent of the amount of the appraisal or, in lieu of the appraisal, 11,138
ninety per cent of the purchase price if the real estate is to be 11,139
purchased by a local public housing authority. This section 11,140
applies to a loan on this real estate only when it is first 11,141
constructed, remodeled, rehabilitated, modernized, or renovated, 11,142
or when it first becomes the subject of a contributions contract 11,143
under the act. 11,144
(K) In determining compliance with maximum loan-to-value 11,146
ratios in this chapter, at the time of making a loan, a savings 11,147
bank shall add together the unpaid amount of all mortgages, 11,148
liens, or other encumbrances on the security property having 11,149
priority over the savings bank's mortgage, and shall not make the 11,150
259
loan unless the total unpaid balance of the prior mortgages, 11,151
liens, and other encumbrances, including the one to be made, but 11,152
excluding loans that will be paid off out of the proceeds of the 11,153
new loan, does not exceed applicable maximum loan-to-value ratios 11,154
prescribed in this chapter, as indicated by documentation 11,155
retained in the loan file. 11,156
Sec. 1163.09. (A) Every savings bank organized under the 11,165
laws of this state, as of the thirty-first day of December and 11,166
the thirtieth day of June of each year, shall make a report of 11,167
the affairs and business of the savings bank for the preceding 11,168
half year, showing its financial condition at the end thereof. 11,169
The statement as of the thirty-first day of December shall be the 11,170
annual statement of the savings bank. The superintendent of 11,171
savings banks FINANCIAL INSTITUTIONS may also require monthly 11,172
reports. 11,173
(B) The superintendent, by written order mailed to the 11,175
managing officer of a savings bank, may require any savings bank 11,176
to submit to him THE SUPERINTENDENT within a reasonable time 11,177
specified in the written order a report concerning its real 11,179
estate and other assets, other than the appraisals required by 11,180
section 1161.81 of the Revised Code. 11,181
(C) Any savings bank refusing or neglecting to file any 11,183
report required by this section within the time specified shall 11,184
forfeit one hundred dollars for every day that the default 11,185
continues unless the penalty, in whole or in part, is waived by 11,186
the superintendent. The superintendent may maintain an action in 11,187
the name of the state to recover the forfeiture which, upon its 11,188
collection, shall be paid into the state treasury to the credit 11,189
of the division of savings banks INSTITUTIONS fund ESTABLISHED 11,191
UNDER SECTION 1181.18 OF THE REVISED CODE.
(D) Every savings bank shall maintain adequate, complete, 11,193
and correct accounts and shall observe such generally accepted 11,194
accounting principles and practices or generally accepted 11,195
auditing standards, as the superintendent prescribes. The 11,196
260
superintendent shall demand once a year, and at the expense of 11,197
the savings bank, that its accounts be audited by an independent 11,198
auditor. A copy of the audit report shall be submitted to the 11,199
board of directors of the savings bank and filed, together with 11,200
management's reponse, with the superintendent within thirty days 11,201
after presentation of the completed report to the board or not 11,202
later than the thirty-first day of March of the year next 11,203
succeeding the year for which the audit was conducted, whichever 11,204
occurs first, unless the time is extended by the superintendent. 11,205
(E) At the conclusion of his THE audit of a savings bank, 11,207
an independent auditor shall attend a meeting at which there are 11,208
present only the outside directors of the savings bank or a 11,209
committee composed of and appointed by the outside directors and 11,210
fully disclose at that time to those directors all audit 11,211
exceptions that developed during the audit and all relevant data 11,212
and information concerning the financial condition, investment 11,213
practices, and other financial policies and procedures of the 11,214
savings bank. The meeting shall be held at a time and place that 11,215
is agreed upon by the independent auditor and the outside 11,216
directors or their committee. A complete record of the 11,217
proceedings of the meeting shall be kept in a minute book that is 11,218
maintained solely for the purpose of keeping these records. 11,219
Nothing in this division shall be construed to prevent the 11,220
independent auditor from meeting at other times with inside 11,221
directors, officers, or employees of the savings bank. 11,222
(F) The superintendent may prescribe a schedule for the 11,224
preservation and destruction of books, records, certificates, 11,225
documents, reports, correspondence, and other instruments, 11,226
papers, and writings of a savings bank, even if the savings bank 11,227
has been liquidated pursuant to law. A savings bank may dispose 11,228
of any books, records, certificates, documents, reports, 11,229
correspondence, and other instruments, papers, and writings that 11,230
have been retained or preserved for the period prescribed by the 11,231
superintendent pursuant to this division. The requirements of 11,232
261
this division may be complied with by the preservation of records 11,233
in the manner prescribed in section 2317.41 of the Revised Code. 11,234
Sec. 1163.13. Whenever the superintendent of savings banks 11,243
FINANCIAL INSTITUTIONS considers it necessary, he THE 11,244
SUPERINTENDENT may make a special examination of any savings 11,246
bank, and the expense of the examination shall be paid by the 11,247
savings bank. These moneys shall be collected by the 11,248
superintendent and paid into the state treasury to the credit of 11,249
the division of savings banks INSTITUTIONS fund ESTABLISHED UNDER 11,250
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 11,251
superintendent otherwise than in the ordinary routine of his THE 11,252
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 11,253
opinion, the condition of the savings bank requires the
examination, is a special examination within the meaning of this 11,254
section.
Sec. 1163.16. (A)(1) Each savings bank subject to 11,264
inspection and examination by the superintendent of financial
institutions and transacting business in this state as of the 11,265
thirty-first day of December of the prior fiscal year, or the 11,266
savings bank's successor in interest, shall pay annual 11,267
assessments to the superintendent as provided in this section. 11,268
(2) After determining the budget of the division of 11,270
financial institutions for examination and regulation of savings 11,271
banks, but prior to establishing the annual assessment amount 11,272
necessary to fund that budget, the superintendent shall include 11,273
any amounts collected but not yet expended or encumbered by the 11,274
superintendent in the previous fiscal year's budget and remaining 11,275
in the savings banks INSTITUTIONS fund from the amount to be 11,276
assessed. Based upon the resulting budget amount, the
superintendent shall make an assessment upon each savings bank 11,277
based on the total assets as shown on the books of the savings 11,278
bank as of the thirty-first day of December of the previous 11,279
fiscal year. The assessments shall be collected on an annual or 11,280
periodic basis within the fiscal year, as determined by the 11,281
262
superintendent.
(3) A savings bank authorized by the superintendent to 11,283
commence business in the period between assessments shall pay the 11,284
actual reasonable costs of the division's examinations and 11,285
visitations.
(B) Assessments and fees charged pursuant to this section 11,287
shall be paid within fourteen days after receiving an invoice for 11,288
payment of the assessment or fee. 11,289
Any assessment or fee collected is not refundable. 11,291
(C) The superintendent shall pay all assessments and fees 11,293
charged pursuant to this section and all forfeitures required to 11,294
be paid to the superintendent into the state treasury to the 11,295
credit of the savings banks INSTITUTIONS fund ESTABLISHED UNDER 11,296
SECTION 1181.18 OF THE REVISED CODE. 11,297
(D) Any money deposited into the state treasury to the 11,299
credit of the savings banks INSTITUTIONS fund, but not expended 11,300
or encumbered by the superintendent to defray the costs of 11,302
administering Chapters 1161. to 1165. of the Revised Code, shall 11,303
remain in the savings banks INSTITUTIONS fund for expenditures by 11,304
the superintendent in subsequent years in the administration of 11,305
Chapters 1161. to 1165. of the Revised Code.
Sec. 1181.06. There is hereby created in the state 11,314
treasury the financial institutions fund. The fund shall receive 11,316
assessments on the banks fund established under section 1125.28 11,317
of the Revised Code, the building and loan associations fund 11,318
established under section 1155.131 of the Revised Code, the 11,320
savings bank INSTITUTIONS fund established under section 1163.17 11,321
1181.18 of the Revised Code, the credit unions fund established 11,323
under section 1733.321 of the Revised Code, and the consumer 11,324
finance fund established under section 1321.21 of the Revised 11,326
Code in accordance with procedures prescribed by the 11,327
superintendent of financial institutions and approved by the 11,328
director of budget and management. Such assessments shall be in 11,329
addition to any assessments on these funds required under 11,330
263
division (G) of section 121.08 of the Revised Code. All 11,332
operating expenses of the division of financial institutions 11,333
shall be paid from the financial institutions fund. 11,334
Sec. 1181.18. THERE IS HEREBY CREATED IN THE STATE 11,336
TREASURY THE SAVINGS INSTITUTIONS FUND. 11,337
THE SAVINGS INSTITUTIONS FUND SHALL BE ASSESSED A 11,340
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DEPARTMENT 11,341
OF COMMERCE AND THE DIVISION OF FINANCIAL INSTITUTIONS. THE 11,342
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DIVISION
OF FINANCIAL INSTITUTIONS SHALL BE DETERMINED IN ACCORDANCE WITH 11,343
PROCEDURES PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL 11,344
INSTITUTIONS AND APPROVED BY THE DIRECTOR OF BUDGET AND 11,346
MANAGEMENT. SUCH ASSESSMENT SHALL BE PAID FROM THE SAVINGS 11,347
INSTITUTIONS FUND TO THE DIVISION OF ADMINISTRATION FUND OR THE 11,348
FINANCIAL INSTITUTIONS FUND.
AN AMOUNT EQUAL TO THE APPROPRIATION FROM THE SAVINGS 11,350
INSTITUTIONS FUND SHALL BE TRANSFERRED TO THE FUND FROM THE 11,351
GENERAL REVENUE FUND BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 11,352
ALL FEES, ASSESSMENTS, CHARGES, AND FORFEITURES COLLECTED UNDER 11,354
CHAPTERS 1151., 1155., 1161., AND 1163. OF THE REVISED CODE SHALL
BE PAID BY THE SUPERINTENDENT INTO THE STATE TREASURY TO THE 11,355
CREDIT OF THE SAVINGS INSTITUTIONS FUND. SUCH MONEYS SHALL BE 11,357
UTILIZED TO REIMBURSE IN FULL DURING THE SAME FISCAL YEAR THE 11,358
GENERAL REVENUE FUND FOR MONEYS TRANSFERRED TO THE SAVINGS 11,359
INSTITUTIONS FUND. ANY MONEYS PAID TO THE SUPERINTENDENT 11,360
PURSUANT TO CHAPTERS 1151., 1155., 1161., AND 1163. OF THE 11,361
REVISED CODE BUT NOT EXPENDED OR ENCUMBERED BY THE SUPERINTENDENT
EITHER TO REIMBURSE THE GENERAL REVENUE FUND OR TO DEFRAY THE 11,362
COSTS OF REGULATING SAVINGS AND LOAN ASSOCIATIONS AND SAVINGS 11,363
BANKS SHALL REMAIN IN THE SAVINGS INSTITUTIONS FUND FOR 11,364
EXPENDITURE BY THE SUPERINTENDENT IN SUBSEQUENT YEARS. 11,365
Sec. 1301.01. As used in Chapters 1301., 1302., 1303., 11,374
1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, 11,376
unless the context otherwise requires, and subject to additional 11,377
264
definitions contained in those chapters:
(A) "Action" in the sense of a judicial proceeding 11,379
includes recoupment, counterclaim, set-off, suit in equity, and 11,380
any other proceedings in which rights are determined. 11,381
(B) "Aggrieved party" means a party entitled to resort to 11,383
a remedy. 11,384
(C) "Agreement" means the bargain of the parties in fact 11,386
as found in their language or by implication from other 11,387
circumstances, including course of dealing, usage of trade, or 11,388
course of performance as provided in sections 1301.11 and 1302.11 11,389
of the Revised Code. Whether an agreement has legal consequences 11,390
is determined by Chapters 1301., 1302., 1303., 1304., 1305., 11,391
1307., 1308., 1309., and 1310. of the Revised Code, if 11,392
applicable; otherwise by the law of contracts. 11,393
(D) "Bank" means any person engaged in the business of 11,395
banking. 11,396
(E) "Bearer" means the person in possession of an 11,398
instrument, document of title, or certificated security payable 11,399
to bearer or endorsed in blank. 11,400
(F) "Bill of lading" means a document evidencing the 11,402
receipt of goods for shipment issued by a person engaged in the 11,403
business of transporting or forwarding goods, and includes an 11,404
airbill. "Airbill" means a document serving for air 11,405
transportation as a bill of lading does for marine or rail 11,406
transportation, and includes an air consignment note or air 11,407
waybill. 11,408
(G) "Branch" includes a separately incorporated foreign 11,410
branch of a bank. 11,411
(H) "Burden of establishing" a fact means the burden of 11,413
persuading the triers of fact that the existence of the fact is 11,414
more probable than its nonexistence. 11,415
(I) "Buyer in ordinary course of business" means a person 11,417
who, in good faith and without knowledge that the sale to the 11,418
person is in violation of the ownership rights or security 11,420
265
interest of a third party in the goods, buys in ordinary course 11,421
from a person in the business of selling goods of that kind but 11,422
does not include a pawnbroker. All persons who sell minerals or 11,423
the like, including oil or gas, at the wellhead or minehead shall 11,424
be deemed to be persons in the business of selling goods of that 11,425
kind. "Buying" may be for cash, by exchange of other property, or 11,426
on secured or unsecured credit and includes receiving goods or 11,427
documents of title under a preexisting contract for sale but does 11,428
not include a transfer in bulk or as security for or in total or 11,429
partial satisfaction of a money debt. 11,430
(J) A term or clause is "conspicuous" when it is so 11,432
written that a reasonable person against whom it is to operate 11,433
ought to have noticed it. A printed heading in capitals (as: 11,434
NONNEGOTIABLE BILL OF LADING) is "conspicuous." Language in the 11,435
body of a form is "conspicuous" if it is in larger or other 11,436
contrasting type or color. In a telegram, any stated term is 11,437
"conspicuous." Whether a term or clause is "conspicuous" is for 11,438
decision by the court. 11,439
(K) "Contract" means the total legal obligation that 11,441
results from the parties' agreement as affected by Chapters 11,442
1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. 11,444
of the Revised Code, and any other applicable rules of law. 11,445
(L) "Creditor" includes a general creditor, a secured 11,447
creditor, a lien creditor, and any representative of creditors, 11,448
including an assignee for the benefit of creditors, a trustee in 11,449
bankruptcy, a receiver in equity, and an executor or 11,450
administrator of an insolvent debtor's or assignor's estate. 11,451
(M) "Defendant" includes a person in the position of 11,453
defendant in cross-action or counterclaim. 11,454
(N) "Delivery" with respect to instruments, documents of 11,456
title, chattel paper, or certificated securities means voluntary 11,457
transfer of possession. 11,458
(O) "Document of title" includes a bill of lading, dock 11,460
warrant, dock receipt, warehouse receipt, or order for the 11,461
266
delivery of goods, and any other document that in the regular 11,462
course of business or financing is treated as adequately 11,463
evidencing that the person in possession of it is entitled to 11,464
receive, hold, and dispose of the document and the goods it 11,465
covers. To be a document of title, a document must purport to be 11,466
issued by or addressed to a bailee and purport to cover goods in 11,467
the bailee's possession that are either identified or are 11,468
fungible portions of an identified mass. 11,469
(P) "Fault" means wrongful act, omission, or breach. 11,471
(Q) "Fungible" with respect to goods or securities means 11,473
goods or securities of which any unit is, by nature or usage of 11,474
trade, the equivalent of any other like unit. Goods that are not 11,475
fungible are fungible for the purposes of Chapters 1301., 1302., 11,476
1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the 11,477
Revised Code to the extent that under a particular agreement or 11,478
document unlike units are treated as equivalents. 11,479
(R) "Genuine" means free of forgery or counterfeiting. 11,481
(S) "Good faith" means honesty in fact in the conduct or 11,483
transaction concerned. 11,484
(T)(1) "Holder" with respect to a negotiable instrument 11,486
means either of the following: 11,487
(a) If the instrument is payable to bearer, a person who 11,489
is in possession of the instrument; 11,490
(b) If the instrument is payable to an identified person, 11,492
the identified person when in possession of the instrument. 11,493
(2) "Holder" with respect to a document of title means the 11,495
person in possession if the goods are deliverable to bearer or to 11,496
the order of the person in possession. 11,497
(U) To "honor" is to pay or to accept and pay, or where a 11,499
creditor so engages to purchase or discount a draft complying 11,500
with the terms of the credit. 11,501
(V) "Insolvency proceedings" include any assignment for 11,503
the benefit of the creditors or other proceedings intended to 11,504
liquidate or rehabilitate the estate of the person involved. 11,505
267
(W) A person is "insolvent" who either has ceased to pay 11,507
the person's debts in the ordinary course of business or cannot 11,508
pay the person's debts as they become due or is insolvent within 11,510
the meaning of the federal bankruptcy law. 11,511
(X) "Money" means a medium of exchange authorized or 11,513
adopted by a domestic or foreign government and includes a 11,514
monetary unit of account established by an intergovernmental 11,515
organization or by agreement between two or more nations. 11,516
(Y) A person has "notice" of a fact when any of the 11,518
following applies: 11,519
(1) The person has actual knowledge of it. 11,522
(2) The person has received a notice or notification of 11,524
it.
(3) From all the facts and circumstances known to the 11,526
person at the time in question, the person has reason to know 11,527
that it exists.
A person "knows" or has "knowledge" of the fact when the 11,529
person has actual knowledge of it. "Discover" or "learn" or a 11,530
word or phrase of similar import refers to knowledge rather than 11,531
to reason to know. The time and circumstances under which a 11,532
notice or notification may cease to be effective are not 11,533
determined by this section. 11,534
(Z) A person "notifies" or "gives" a notice or 11,536
notification to another person by taking the steps that may be 11,537
reasonably required to inform the other person in ordinary 11,538
course, whether or not the other person actually comes to know of 11,539
it. A person "receives" a notice or notification when either of 11,540
the following applies: 11,541
(1) It comes to the person's attention. 11,543
(2) It is duly delivered at the place of business through 11,545
which the contract was made or at any other place held out by the 11,546
person as the place for receipt of such communications. 11,548
(AA) Notice, knowledge, or a notice or notification 11,550
received by an organization is effective for a particular 11,551
268
transaction from the time when it is brought to the attention of 11,552
the individual conducting that transaction, and in any event from 11,553
the time when it would have been brought to the individual's 11,554
attention if the organization had exercised due diligence. An 11,556
organization exercises due diligence if it maintains reasonable 11,557
routines for communicating significant information to the person 11,558
conducting the transaction and there is reasonable compliance 11,559
with the routine. Due diligence does not require an individual 11,560
acting for the organization to communicate information unless 11,561
that communication is part of the individual's regular duties or 11,562
unless the individual has reason to know of the transaction and 11,564
that the transaction would be materially affected by the 11,565
information.
(BB) "Organization" includes a corporation, government, 11,567
governmental subdivision or agency, business trust, estate, 11,568
trust, partnership, or association, two or more persons having a 11,569
joint or common interest, or any other legal or commercial 11,570
entity. 11,571
(CC) "Party," as distinct from "third party," means a 11,573
person who has engaged in a transaction or made an agreement 11,574
within Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 11,576
1309., and 1310. of the Revised Code.
(DD) "Person" includes an individual or an organization. 11,578
(EE) "Presumption" or "presumed" means that the trier of 11,580
fact must find the existence of the fact presumed unless and 11,581
until evidence is introduced that would support a finding of its 11,582
nonexistence. 11,583
(FF) "Purchase" includes taking by sale, discount, 11,585
negotiation, mortgage, pledge, lien, issue or reissue, gift, or 11,586
any other voluntary transaction creating an interest in property. 11,587
(GG) "Purchaser" means a person who takes by purchase. 11,589
(HH) "Remedy" means any remedial right to which an 11,591
aggrieved party is entitled with or without resort to a tribunal. 11,592
(II) "Representative" includes an agent, an officer of a 11,594
269
corporation or association, a trustee, executor, or administrator 11,595
of an estate, or any other person empowered to act for another. 11,596
(JJ) "Rights" includes remedies. 11,598
(KK)(1) "Security interest" means an interest in personal 11,600
property or fixtures that secures payment or performance of an 11,601
obligation. The retention or reservation of title by a seller of 11,602
goods notwithstanding shipment or delivery to the buyer, as 11,603
provided in section 1302.42 of the Revised Code, is limited in 11,604
effect to a reservation of a security interest. "Security 11,605
interest" also includes any interest of a buyer of accounts or 11,606
chattel paper, which is subject to sections 1309.01 to 1309.50 of 11,607
the Revised Code. The special property interest of a buyer of 11,608
goods on identification of those goods to a contract for sale 11,609
under section 1302.42 of the Revised Code is not a security 11,610
interest, but a buyer also may acquire a security interest by 11,611
complying with sections 1309.01 to 1309.50 of the Revised Code. 11,612
Unless a consignment is intended as security, reservation of 11,613
title under the consignment is not a security interest, but a 11,614
consignment in any event is subject to the provisions on 11,615
consignment sales under section 1302.39 of the Revised Code. A 11,616
lease-purchase agreement as defined in division (F) of section 11,617
1351.01 of the Revised Code shall never be intended as security. 11,618
(2) Whether a transaction, other than a lease-purchase 11,620
agreement as defined in division (F) of section 1351.01 of the 11,621
Revised Code, creates a lease or security interest is determined 11,622
by the facts of each case; however, a transaction creates a 11,623
security interest if the consideration the lessee is to pay the 11,624
lessor for the right to possession and use of the goods is an 11,625
obligation for the term of the lease not subject to termination 11,626
by the lessee and if any of the following applies: 11,627
(a) The original term of the lease is equal to or greater 11,629
than the remaining economic life of the goods. 11,630
(b) The lessee is bound to renew the lease for the 11,632
remaining economic life of the goods or is bound to become the 11,633
270
owner of the goods. 11,634
(c) The lessee has an option to renew the lease for the 11,636
remaining economic life of the goods for no additional 11,637
consideration or nominal additional consideration upon compliance 11,638
with the lease agreement. 11,639
(d) The the lessee has an option to become the owner of 11,641
the goods for no additional consideration or nominal additional 11,642
consideration upon compliance with the lease agreement. 11,643
(3) A transaction does not create a security interest 11,645
merely because it provides any of the following: 11,646
(a) That the present value of the consideration the lessee 11,648
is obligated to pay the lessor for the right to possession and 11,649
use of the goods is substantially equal to or is greater than the 11,650
fair market value of the goods at the time the lease is entered 11,651
into; 11,652
(b) That the lessee assumes risk of loss of the goods or 11,654
agrees to pay taxes, insurance, filing, recording, or 11,655
registration fees, or service or maintenance costs with respect 11,656
to the goods; 11,657
(c) That the lessee has an option to renew the lease or to 11,659
become the owner of the goods; 11,660
(d) That the lessee has an option to renew the lease for a 11,662
fixed rent that is equal to or greater than the reasonably 11,663
predictable fair market rent for the use of the goods for the 11,664
term of the renewal at the time the option is to be performed; 11,665
(e) That the lessee has an option to become the owner of 11,667
the goods for a fixed price that is equal to or greater than the 11,668
reasonably predictable fair market value of the goods at the time 11,669
the option is to be performed. 11,670
(4) For purposes of division (KK) of this section, all of 11,672
the following apply: 11,673
(a) Additional consideration is not nominal if, when the 11,675
option to renew the lease is granted to the lessee, the rent is 11,676
stated to be the fair market rent for the use of the goods for 11,677
271
the term of the renewal determined at the time the option is to 11,678
be performed or, when the option to become the owner of the goods 11,679
is granted to the lessee, the price is stated to be the fair 11,680
market value of the goods determined at the time the option is to 11,681
be performed. Additional consideration is nominal if it is less 11,682
than the lessee's reasonably predictable cost of performing under 11,683
the lease agreement if the option is not exercised. 11,684
(b) "Reasonably predictable" and "remaining economic life 11,686
of the goods" are to be determined with reference to the facts 11,687
and circumstances at the time the parties entered into the 11,688
transaction. 11,689
(c) "Present value" means the amount as of a date certain 11,691
of one or more sums payable in the future, discounted to the date 11,692
certain. The discount is determined by the interest rate 11,693
specified by the parties if the rate is not manifestly 11,694
unreasonable at the time the parties entered into the 11,695
transaction. Otherwise, the discount is determined by a 11,696
commercially reasonable rate that takes into account the facts 11,697
and circumstances of each case at the time the parties entered 11,698
into the transaction. 11,699
(LL) "Send" in connection with any writing or notice means 11,701
to deposit in the mail or deliver for transmission by any other 11,702
usual means of communication with postage or cost of transmission 11,703
provided for and properly addressed and in the case of an 11,704
instrument to an address specified on it or otherwise agreed, or 11,705
if there be none to any address reasonable under the 11,706
circumstances. The receipt of any writing or notice within the 11,707
time at which it would have arrived if properly sent has the 11,708
effect of a proper sending. 11,709
(MM) "Signed" includes any symbol executed or adopted by a 11,711
party with present intention to authenticate a writing. 11,712
(NN) "Surety" includes guarantor. 11,714
(OO) "Telegram" includes a message transmitted by radio, 11,716
teletype, cable, any mechanical method of transmission, or the 11,717
272
like. 11,718
(PP) "Term" means that portion of an agreement which 11,720
relates to a particular matter. 11,721
(QQ) "Unauthorized" signature means one made without 11,724
actual, implied, or apparent authority and includes a forgery. 11,725
(RR) Except as otherwise provided with respect to 11,727
negotiable instruments and bank collections under sections 11,728
1303.32, 1304.20, and 1304.21 of the Revised Code, a person gives 11,729
"value" for rights if the person acquires them in any of the 11,730
following manners: 11,732
(1) In return for a binding commitment to extend credit or 11,734
for the extension of immediately available credit whether or not 11,735
drawn upon and whether or not a charge-back is provided for in 11,736
the event of difficulties in collection; 11,737
(2) As security for or in total or partial satisfaction of 11,739
a pre-existing claim; 11,740
(3) By accepting delivery pursuant to a pre-existing 11,742
contract for purchase; 11,743
(4) Generally, in return for any consideration sufficient 11,745
to support a simple contract. 11,746
(SS) "Warehouse receipt" means a WRITTEN OR ELECTRONIC 11,748
receipt issued by a person engaged in the business of storing 11,750
goods for hire.
(TT) "Written" or "writing" includes printing, 11,752
typewriting, or any other intentional reduction to tangible form. 11,753
Sec. 1309.401. Four THROUGH JUNE 30, 2001, FOUR dollars 11,763
AND FIFTY CENTS, AND, ON AND AFTER JULY 1, 2001, FOUR DOLLARS, of 11,764
each fee collected by the secretary of state under sections 11,766
1309.42 and 1309.43 and divisions (E) and (H) of section 1309.40 11,767
of the Revised Code, and all of the fees collected by the 11,768
secretary of state under section 1309.402 of the Revised Code, 11,769
shall be deposited in the state treasury to the credit of the 11,770
corporate and uniform commercial code filing fund, which is 11,771
hereby created. The remainder of each such fee shall be
273
deposited in the general revenue fund. All moneys credited to 11,772
the corporate and uniform commercial code filing fund shall be 11,773
used only for the purpose of paying for expenses relating to the 11,774
processing of filings under Title XVII and Chapter 1329. of the 11,775
Revised Code and the uniform commercial code.
Sec. 1317.07. No retail installment contract authorized by 11,784
section 1317.03 of the Revised Code which THAT is executed in 11,785
connection with any retail installment sale shall evidence any 11,786
indebtedness in excess of the time balance fixed in the written 11,787
instrument in compliance with section 1317.04 of the Revised 11,788
Code, but it may evidence in addition any agreements of the 11,789
parties for the payment of delinquent charges, as provided for in 11,790
section 1317.06 of the Revised Code, taxes, and any lawful fee 11,791
actually paid out, or to be paid out, by the retail seller to any 11,792
public officer for filing, recording, or releasing any instrument 11,793
securing the payment of the obligation owed on any retail 11,794
installment contract. No retail seller, directly or indirectly, 11,795
shall charge, contract for, or receive from any retail buyer, any 11,796
further or other amount for examination, service, brokerage, 11,797
commission, expense, fee, or other thing of value. A documentary 11,798
service charge customarily and presently being paid on May 9, 11,799
1949, in a particular business and area may be charged if the 11,800
same CHARGE does not exceed thirty FIFTY dollars per sale. 11,802
No retail seller shall use multiple agreements with respect 11,804
to a single item or related items purchased at the same time, 11,805
with intent to obtain a higher charge than would otherwise be 11,806
permitted by Chapter 1317. of the Revised Code or to avoid 11,807
disclosure of an annual percentage rate, nor by use of such 11,808
agreements make any charge greater than that which would be 11,809
permitted by Chapter 1317. of the Revised Code had a single 11,810
agreement been used. 11,811
Sec. 1321.57. (A) Notwithstanding any other provisions of 11,820
the Revised Code, a registrant may contract for and receive 11,821
interest, calculated according to the actuarial method, at a rate 11,822
274
or rates not exceeding twenty-one per cent per year on the unpaid 11,823
principal balances of the loan. Loans may be interest-bearing or 11,824
precomputed. 11,825
(B) For purposes of computation of time on 11,827
interest-bearing and precomputed loans, including, but not 11,828
limited to, the calculation of interest, a month is considered 11,829
one-twelfth of a year, and a day is considered one three hundred 11,830
sixty-fifth of a year when calculation is made for a fraction of 11,831
a month. A year is as defined in section 1.44 of the Revised 11,832
Code. A month is that period described in section 1.45 of the 11,833
Revised Code. 11,834
(C) With respect to interest-bearing loans: 11,836
(1)(a) Interest shall be computed on unpaid principal 11,838
balances outstanding from time to time, for the time outstanding. 11,839
(b) As an alternative to the method of computing interest 11,841
set forth in division (C)(1)(a) of this section, a registrant, if 11,842
the loan contract so provides, may charge and collect interest 11,843
for the first installment period based on elapsed time from the 11,844
date of the loan to the first scheduled payment due date, and for 11,845
each succeeding installment period from the scheduled payment due 11,846
date to the next scheduled payment due date, regardless of the 11,847
date or dates the payments are actually made. 11,848
(c) Whether a registrant computes interest pursuant to 11,850
division (C)(1)(a) or (b) of this section, each payment shall be 11,851
applied first to unpaid charges, then to interest, and the 11,852
remainder to the unpaid principal balance. However, if the 11,853
amount of the payment is insufficient to pay the accumulated 11,854
interest, the unpaid interest continues to accumulate to be paid 11,855
from the proceeds of subsequent payments and is not added to the 11,856
principal balance. 11,857
(2) Interest shall not be compounded or paid in advance. 11,859
However, if part or all of the consideration for a new loan 11,860
contract is the unpaid principal balance of a prior loan, then 11,861
the principal amount payable under such new loan contract may 11,862
275
include any unpaid interest that has accrued. The resulting loan 11,863
contract shall be deemed a new and separate loan transaction for 11,864
purposes of this section. The unpaid principal balance of a 11,865
precomputed loan is the balance due after refund or credit of 11,866
unearned interest as provided in division (D)(3) of this section. 11,867
(D) With respect to precomputed loans: 11,869
(1) Loans shall be repayable in monthly installments of 11,871
principal and interest combined, except that the first 11,872
installment period may exceed one month by not more than fifteen 11,873
days, and the first installment payment amount may be larger than 11,874
the remaining payments by the amount of interest charged for the 11,875
extra days; and provided further that monthly installment payment 11,876
dates may be omitted to accommodate borrowers with seasonal 11,877
income. 11,878
(2) Payments may be applied to the combined total of 11,880
principal and precomputed interest until maturity of the loan. A 11,881
registrant may charge interest after the original or deferred 11,882
maturity of a precomputed loan at the rate specified in division 11,883
(A) of this section on all unpaid principal balances for the time 11,884
outstanding. 11,885
(3) When any loan contract is paid in full by cash, 11,887
renewal, refinancing, or a new loan, one month or more before the 11,888
final installment due date, the registrant shall refund, or 11,889
credit the borrower with, the total of the applicable charges for 11,890
all fully unexpired installment periods, as originally scheduled 11,891
or as deferred, that follow the day of prepayment. If the 11,892
prepayment is made other than on a scheduled installment due 11,894
date, the nearest scheduled installment due date shall be used in
such computation. If the prepayment occurs prior to the first 11,895
installment due date, the registrant may retain one-thirtieth of 11,896
the applicable charge for a first installment period of one month 11,897
for each day from date of loan to date of prepayment, and shall 11,898
refund, or credit the borrower with, the balance of the total 11,899
interest contracted for. If the maturity of the loan is 11,900
276
accelerated for any reason and judgment is entered, the 11,901
registrant shall credit the borrower with the same refund as if 11,902
prepayment in full had been made on the date the judgment is 11,903
entered. 11,904
(4) If the parties agree in writing, either in the loan 11,906
contract or in a subsequent agreement, to a deferment of wholly 11,907
unpaid installments, a registrant may grant a deferment and may 11,908
collect a deferment charge as provided in this section. A 11,909
deferment postpones the scheduled due date of the earliest unpaid 11,910
installment and all subsequent installments as originally 11,911
scheduled, or as previously deferred, for a period equal to the 11,912
deferment period. The deferment period is that period during 11,913
which no installment is scheduled to be paid by reason of the 11,914
deferment. The deferment charge for a one-month period may not 11,915
exceed the applicable charge for the installment period 11,916
immediately following the due date of the last undeferred 11,917
installment. A proportionate charge may be made for deferment 11,918
for periods of more or less than one month. A deferment charge 11,919
is earned pro rata during the deferment period and is fully 11,920
earned on the last day of the deferment period. If a loan is 11,921
prepaid in full during a deferment period, the registrant shall 11,922
make, or credit to the borrower, a refund of the unearned 11,923
deferment charge in addition to any other refund or credit made 11,924
for prepayment of the loan in full. 11,925
(E) A registrant, at the request of the borrower, may 11,927
obtain, on one or more borrowers, credit life insurance, credit 11,928
accident and health insurance, and unemployment insurance. The 11,929
premium or identifiable charge for the insurance may be included 11,931
in the principal amount of the loan and may not exceed the 11,932
premium rate filed by the insurer with the superintendent of 11,933
insurance and not disapproved by the superintendent. If a 11,934
registrant obtains the insurance at the request of the borrower, 11,935
the borrower shall have the right to cancel the insurance for a 11,936
period of twenty-five days after the loan is made. If the 11,937
277
borrower chooses to cancel the insurance, the borrower shall give 11,938
the registrant written notice of this choice and shall return all 11,939
of the policies or certificates of insurance or notices of 11,940
proposed insurance to the registrant during such period, and the 11,941
full premium or identifiable charge for the insurance shall be 11,942
refunded to the borrower by the registrant. If the borrower 11,943
requests, in the notice to cancel the insurance, that this refund 11,944
be applied to reduce the balance of a precomputed loan, the 11,945
registrant shall credit the amount of the refund plus the amount 11,946
of interest applicable to the refund to the loan balance. 11,947
(F) A registrant may require the borrower to provide 11,949
insurance or a loss payable endorsement covering reasonable risks 11,950
of loss, damage, and destruction of property used as security for 11,951
the loan and with the consent of the borrower such insurance may 11,952
cover property other than that which is security for the loan. 11,953
The amount and term of required property insurance shall be 11,954
reasonable in relation to the amount and term of the loan 11,955
contract and the type and value of the security, and the 11,956
insurance shall be procured in accordance with the insurance laws 11,957
of this state. The purchase of this insurance through the 11,958
registrant or an agent or broker designated by the registrant 11,959
shall not be a condition precedent to the granting of the loan. 11,960
If the borrower purchases the insurance from or through the 11,961
registrant or from another source, the premium may be included in 11,962
the principal amount of the loan. 11,963
(G) On loans secured by an interest in real estate, a ALL 11,965
OF THE FOLLOWING APPLY: 11,966
(1) A registrant may charge and receive up to two points, 11,969
and a prepayment penalty not in excess of one per cent of the 11,970
original principal amount of the loan. Points may be paid by the 11,971
borrower at the time of the loan or may be included in the 11,972
principal amount of the loan. On a refinancing, a registrant may 11,973
not charge under this division (G)(1) OF THIS SECTION either 11,975
points within one year from the date of a prior loan on which 11,976
278
points were charged or a prepayment penalty. This division 11,977
(2) AS AN ALTERNATIVE TO THE PREPAYMENT PENALTY DESCRIBED 11,979
IN DIVISION (G)(1) OF THIS SECTION, A REGISTRANT MAY CONTRACT 11,980
FOR, CHARGE, AND RECEIVE THE PREPAYMENT PENALTY DESCRIBED IN 11,981
DIVISION (G)(2) OF THIS SECTION FOR THE PREPAYMENT OF A LOAN 11,984
PRIOR TO THREE YEARS AFTER THE DATE THE LOAN CONTRACT IS
EXECUTED. THIS PREPAYMENT PENALTY SHALL NOT EXCEED THREE PER 11,985
CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS 11,986
PAID IN FULL PRIOR TO ONE YEAR AFTER THE DATE THE LOAN CONTRACT 11,987
IS EXECUTED. THE PENALTY SHALL NOT EXCEED TWO PER CENT OF THE 11,988
ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN IS PAID IN FULL 11,989
AT ANY TIME FROM ONE YEAR, BUT PRIOR TO TWO YEARS, AFTER THE DATE 11,990
THE LOAN CONTRACT IS EXECUTED. THE PENALTY SHALL NOT EXCEED ONE 11,991
PER CENT OF THE ORIGINAL PRINCIPAL AMOUNT OF THE LOAN IF THE LOAN 11,992
IS PAID IN FULL AT ANY TIME FROM TWO YEARS, BUT PRIOR TO THREE 11,993
YEARS, AFTER THE DATE THE LOAN CONTRACT IS EXECUTED. A 11,995
REGISTRANT SHALL NOT CHARGE OR RECEIVE A PREPAYMENT PENALTY UNDER 11,996
DIVISION (G)(2) OF THIS SECTION IF ANY OF THE FOLLOWING APPLIES: 11,997
(a) THE LOAN IS A REFINANCING BY THE SAME REGISTRANT OR A 11,999
REGISTRANT TO WHOM THE LOAN HAS BEEN ASSIGNED; 12,000
(b) THE LOAN IS PAID IN FULL AS A RESULT OF THE SALE OF 12,002
THE REAL ESTATE THAT SECURES THE LOAN; 12,004
(c) THE LOAN IS PAID IN FULL WITH THE PROCEEDS OF AN 12,006
INSURANCE CLAIM AGAINST AN INSURANCE POLICY THAT INSURES THE LIFE 12,008
OF THE BORROWER OR AN INSURANCE POLICY THAT COVERS LOSS, DAMAGE, 12,010
OR DESTRUCTION OF THE REAL ESTATE THAT SECURES THE LOAN. 12,011
(3) DIVISION (G) OF THIS SECTION is not a limitation on 12,014
discount points or other charges for purposes of section 12,015
501(b)(4) of the "Depository Institutions Deregulation and 12,016
Monetary Control Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 12,017
note.
(H)(1) In addition to the interest and charges provided 12,019
for by this section, no further or other amount, whether in the 12,020
form of broker fees, placement fees, or any other fees 12,021
279
whatsoever, shall be charged or received by the registrant, 12,022
except costs and disbursements to which the registrant may become 12,023
entitled by law in connection with any suit to collect a loan or 12,024
any lawful activity to realize on a security interest or mortgage 12,025
after default, and except the following additional charges which 12,027
may be included in the principal amount of the loan or collected
at any time after the loan is made: 12,028
(a) The amounts of fees authorized by law to record, file, 12,030
or release security interests and mortgages on a loan; 12,031
(b) With respect to a loan secured by an interest in real 12,033
estate, the following closing costs, if they are bona fide, 12,034
reasonable in amount, and not for the purpose of circumvention or 12,035
evasion of this section: 12,036
(i) Fees or premiums for title examination, abstract of 12,038
title, title insurance, surveys, or similar purposes; 12,039
(ii) If not paid to the registrant, an employee of the 12,041
registrant, or a person related to the registrant, fees for 12,042
preparation of a mortgage, settlement statement, or other 12,043
documents, fees for notarizing mortgages and other documents, and 12,044
appraisal fees; 12,045
(c) Fees for credit investigations not exceeding ten 12,047
dollars.
(2) Division (H)(1) of this section does not limit the 12,049
rights of registrants to engage in other transactions with 12,050
borrowers, provided the transactions are not a condition of the 12,051
loan. 12,052
(I) If the loan contract or security instrument contains 12,054
covenants by the borrower to perform certain duties pertaining to 12,055
insuring or preserving security and the registrant pursuant to 12,056
the loan contract or security instrument pays for performance of 12,057
the duties on behalf of the borrower, the registrant may add the 12,058
amounts paid to the unpaid principal balance of the loan or 12,059
collect them separately. A charge for interest may be made for 12,060
sums advanced not exceeding the rate of interest permitted by 12,061
280
division (A) of this section. Within a reasonable time after 12,062
advancing a sum, the registrant shall notify the borrower in 12,063
writing of the amount advanced, any interest charged with respect 12,064
to the amount advanced, any revised payment schedule, and shall 12,065
include a brief description of the reason for the advance. 12,066
(J) In addition to points authorized under division (G) of 12,069
this section, a registrant may charge and receive, on loans in 12,070
the principal amount of less than five hundred dollars, loan
origination charges not exceeding fifteen dollars; on loans in 12,071
the principal amount of at least five hundred dollars but less 12,072
than one thousand dollars, loan origination charges not exceeding 12,073
thirty dollars; on loans in the principal amount of at least one 12,074
thousand dollars but less than two thousand dollars, loan 12,075
origination charges not exceeding sixty-five dollars; and on 12,076
loans in the principal amount of at least two thousand dollars,
loan origination charges not exceeding the greater of one hundred 12,077
fifty dollars or one per cent of the principal amount of the 12,078
loan. However, on unsecured loans in the principal amount of 12,079
less than five thousand dollars, the loan origination charge 12,080
shall not exceed one hundred dollars. A registrant may not 12,081
impose loan origination charges on a borrower more frequently 12,082
than once in any ninety-day period. Loan origination charges may 12,083
be paid by the borrower at the time of the loan or may be 12,084
included in the principal amount of the loan. 12,085
(K) A registrant may charge and receive check collection 12,087
charges not greater than twenty dollars plus any amount passed on 12,089
from other financial institutions for each check, negotiable 12,090
order of withdrawal, share draft, or other negotiable instrument 12,091
returned or dishonored for any reason. 12,092
(L) If the loan contract so provides, a registrant may 12,094
collect a default charge on any installment not paid in full 12,095
within ten days after its due date. For this purpose, all 12,096
installments are considered paid in the order in which they 12,097
become due. Any amounts applied to an outstanding loan balance 12,098
281
as a result of voluntary release of a security interest, sale of 12,099
security on the loan, or cancellation of insurance shall be 12,100
considered payments on the loan, unless the parties otherwise 12,101
agree in writing at the time the amounts are applied. The amount 12,102
of the default charge shall not exceed the greater of five per 12,103
cent of the scheduled installment or fifteen dollars. 12,104
Sec. 1322.02. (A) No person, on the person's own behalf 12,113
or on behalf of any other person, shall act as a mortgage broker 12,115
without first having obtained a certificate of registration from 12,116
the superintendent of financial institutions for every office to 12,118
be maintained by the person for the transaction of business as a 12,119
mortgage broker in this state. A registrant shall maintain an 12,122
office location in this state for the transaction of business as 12,123
a mortgage broker in this state. 12,124
(B) No registrant or employee of a registrant shall 12,126
originate a mortgage loan, unless the mortgage loan is originated 12,127
at a location where the registrant's certificate of registration 12,128
is maintained, and where the registrant or the employee of the 12,129
registrant regularly transacts mortgage broker business. 12,130
(C) No person shall originate mortgage loans for a 12,133
registrant, unless that person is an employee of the registrant. 12,134
(D)(C) As used in this section: 12,136
(1) "Employee" means a person who may be required or 12,138
directed by a registrant to originate mortgage loans in 12,139
consideration of direct or indirect gain or profit. "Employee" 12,140
does not include an independent contractor or any person who has 12,141
a similar employment relationship with a mortgage broker. 12,142
(2) "Originate" means any of the following: 12,144
(a) To negotiate or arrange, or to offer to negotiate or 12,147
arrange, a mortgage loan between a person that makes or funds
mortgage loans and a buyer; 12,148
(b) To issue a commitment for a mortgage loan to a buyer; 12,151
(c) To place, assist in placement, or find a mortgage loan 12,154
for a buyer.
282
Sec. 1322.10. (A) After notice and opportunity for a 12,163
hearing conducted in accordance with Chapter 119. of the Revised 12,164
Code, the superintendent of financial institutions may do the 12,166
following:
(1) Suspend, revoke, or refuse to issue or renew a 12,168
certificate of registration if the superintendent finds a 12,171
violation of division (B) of section 1322.02 or 1322.06, or 12,173
section 1322.05, 1322.07, 1322.08, or 1322.09 of the Revised Code 12,174
or the rules adopted under those sections; 12,175
(2) Impose a fine of not more than one thousand dollars, 12,178
for each day a violation of a law or rule is committed, repeated, 12,179
or continued. If the registrant engages in a pattern of repeated 12,180
violations of a law or rule, the superintendent may impose a fine 12,181
of not more than two thousand dollars for each day the violation 12,182
is committed, repeated, or continued. All fines collected 12,184
pursuant to this division shall be paid to the treasurer of state 12,186
to the credit of the consumer finance fund created in section 12,187
1321.21 of the Revised Code. In determining the amount of a fine 12,188
to be imposed pursuant to this division, the superintendent shall 12,190
consider all of the following: 12,191
(a) The seriousness of the violation; 12,194
(b) The registrant's good faith efforts to prevent the 12,197
violation;
(c) The registrant's history regarding violations and 12,200
compliance with division orders;
(d) The registrant's financial resources; 12,203
(e) Any other matters the superintendent considers 12,206
appropriate in enforcing sections 1322.01 to 1322.12 of the 12,207
Revised Code.
(B) The superintendent may investigate alleged violations 12,209
of section 1322.01 to 1322.12 of the Revised Code or the rules 12,210
adopted under those sections or complaints concerning any such 12,212
violation. The superintendent may make application to the court 12,213
of common pleas for an order enjoining any such violation, and, 12,214
283
upon a showing by the superintendent that a person has committed 12,215
or is about to commit such a violation, the court shall grant an 12,216
injunction, restraining order, or other appropriate relief. 12,217
(C) In conducting any investigation pursuant to this 12,219
section, the superintendent may compel, by subpoena, witnesses to 12,221
testify in relation to any matter over which the superintendent 12,222
has jurisdiction and may require the production of any book, 12,223
record, or other document pertaining to that matter. If a person 12,224
fails to file any statement or report, obey any subpoena, give 12,225
testimony, produce any book, record, or other document as 12,226
required by a subpoena, or permit photocopying of any book, 12,227
record, or other document subpoenaed, the court of common pleas 12,228
of any county in this state, upon application made to it by the 12,229
superintendent, shall compel obedience by attachment proceedings 12,230
for contempt, as in the case of disobedience of the requirements 12,231
of a subpoena issued from the court or a refusal to testify 12,232
therein.
(D) If the superintendent determines that a person is 12,234
engaged in or is believed to be engaged in activities that may 12,235
constitute a violation of sections 1322.01 to 1322.12 of the 12,236
Revised Code, the superintendent, after notice and a hearing 12,237
conducted in accordance with Chapter 119. of the Revised Code, 12,238
may issue a cease and desist order. Such an order shall be 12,239
enforceable in the court of common pleas. 12,240
Sec. 1501.01. Except where otherwise expressly provided, 12,249
the director of natural resources shall formulate and institute 12,250
all the policies and programs of the department of natural 12,251
resources. The chief of any division of the department shall not 12,252
enter into any contract, agreement, or understanding unless it is 12,253
approved by the director. 12,254
The director shall correlate and coordinate the work and 12,256
activities of the divisions in his THE department to eliminate 12,257
unnecessary duplications of effort and overlapping of functions. 12,258
The chiefs of the various divisions of the department shall meet 12,259
284
with the director at least once each month at a time and place 12,260
designated by the director. 12,261
The director may create advisory boards to any of those 12,263
divisions in conformity with section 121.13 of the Revised Code. 12,264
The director may accept and expend gifts, devises, and 12,266
bequests of money, lands, and other properties on behalf of the 12,267
department or any division thereof under the terms set forth in 12,268
section 9.20 of the Revised Code. Any political subdivision of 12,269
this state may make contributions to the department for the use 12,270
of the department or any division therein according to the terms 12,271
of the contribution. 12,272
The director may publish and sell or otherwise distribute 12,274
data, reports, and information. 12,275
The director shall adopt rules in accordance with Chapter 12,277
119. of the Revised Code to permit the department to accept by 12,278
means of a credit card the payment of fees, charges, and rentals 12,279
at those facilities described in section 1501.07 of the Revised 12,280
Code that are operated by the department, for any data, reports, 12,281
or information sold by the department, and for any other goods or 12,282
services provided by the department. 12,283
Whenever authorized by the governor to do so, the director 12,285
may appropriate property for the uses and purposes authorized to 12,286
be performed by the department and on behalf of any division 12,287
within the department. This authority shall be exercised in the 12,288
manner provided in sections 163.01 to 163.22 of the Revised Code 12,289
for the appropriation of property by the director of 12,290
administrative services. This authority to appropriate property 12,291
is in addition to the authority provided by law for the 12,292
appropriation of property by divisions of the department. The 12,293
director of natural resources also may acquire by purchase, 12,294
lease, or otherwise such real and personal property rights or 12,295
privileges in the name of the state as are necessary for the 12,296
purposes of the department or any division therein. The 12,297
director, with the approval of the governor and the attorney 12,298
285
general, may sell, lease, or exchange portions of lands or 12,299
property, real or personal, of any division of the department or 12,300
grant easements or licenses for the use thereof, or enter into 12,301
agreements for the sale of water from lands and waters under the 12,302
administration or care of the department or any of its divisions, 12,303
when the sale, lease, exchange, easement, agreement, or license 12,304
for use is advantageous to the state, provided that such approval 12,305
is not required for leases and contracts made under sections 12,306
SECTION 1507.12, IF ANY, OR SECTION 1501.07, 1501.09, 1507.12, or 12,308
1520.03 or Chapter 1523. of the Revised Code. Water may be sold 12,309
from a reservoir only to the extent that the reservoir was 12,310
designed to yield a supply of water for a purpose other than 12,311
recreation or wildlife, and the water sold is in excess of that 12,312
needed to maintain the reservoir for purposes of recreation or 12,313
wildlife.
Money received from such sales, leases, easements, 12,315
exchanges, agreements, or licenses for use, except revenues 12,316
required to be set aside or paid into depositories or trust funds 12,317
for the payment of bonds issued under sections 1501.12 to 1501.15 12,318
of the Revised Code, and to maintain the required reserves 12,319
therefor as provided in the orders authorizing the issuance of 12,320
such bonds or the trust agreements securing such bonds, revenues 12,321
required to be paid and credited pursuant to the bond proceeding 12,322
applicable to obligations issued pursuant to section 154.22, and 12,323
revenues generated under section 1520.05 of the Revised Code, 12,324
shall be deposited in the state treasury to the credit of the 12,325
fund of the division of the department having prior jurisdiction 12,326
over the lands or property. If no such fund exists, the money 12,327
shall be credited to the general revenue fund. All such money 12,328
received from lands or properties administered by the division of 12,329
wildlife shall be credited to the wildlife fund. 12,330
The director shall provide for the custody, safekeeping, 12,332
and deposit of all moneys, checks, and drafts received by the 12,333
department or its employees prior to paying them to the treasurer 12,334
286
of state under section 113.08 of the Revised Code. 12,335
The director shall cooperate with the nature conservancy, 12,337
other nonprofit organizations, and the United States fish and 12,338
wildlife service in order to secure protection of islands in the 12,339
Ohio river and the wildlife and wildlife habitat of those 12,340
islands. 12,341
Sec. 1501.25. (A) THERE IS HEREBY CREATED THE MUSKINGUM 12,344
RIVER ADVISORY COUNCIL CONSISTING OF THE FOLLOWING MEMBERS: 12,346
(1) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE FROM 12,348
EACH PARTY TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF 12,349
REPRESENTATIVES AFTER CONFERRING WITH THE MINORITY LEADER OF THE 12,350
HOUSE, AND TWO MEMBERS OF THE SENATE, ONE FROM EACH PARTY TO BE 12,351
APPOINTED BY THE PRESIDENT OF THE SENATE AFTER CONFERRING WITH 12,352
THE MINORITY LEADER OF THE SENATE; 12,353
(2) FOUR PERSONS INTERESTED IN THE DEVELOPMENT OF 12,355
RECREATIONAL AND COMMERCIAL USES OF THE MUSKINGUM RIVER, TO BE 12,356
APPOINTED BY THE GOVERNOR; 12,357
(3) TWO REPRESENTATIVES OF THE DEPARTMENT OF NATURAL 12,359
RESOURCES TO BE APPOINTED BY THE DIRECTOR OF NATURAL RESOURCES, 12,360
ONE REPRESENTATIVE OF THE DEPARTMENT OF DEVELOPMENT TO BE 12,361
APPOINTED BY THE DIRECTOR OF DEVELOPMENT, ONE REPRESENTATIVE OF 12,362
THE ENVIRONMENTAL PROTECTION AGENCY TO BE APPOINTED BY THE 12,363
DIRECTOR OF ENVIRONMENTAL PROTECTION, ONE REPRESENTATIVE OF THE 12,364
DEPARTMENT OF TRANSPORTATION TO BE APPOINTED BY THE DIRECTOR OF 12,365
TRANSPORTATION, AND ONE REPRESENTATIVE OF THE OHIO HISTORICAL 12,366
SOCIETY TO BE APPOINTED BY THE DIRECTOR OF THE SOCIETY; 12,367
(4) TWELVE PERSONS TO BE APPOINTED FROM THE FOUR COUNTIES 12,369
THROUGH WHICH THE MUSKINGUM RIVER FLOWS, WHO SHALL BE APPOINTED 12,371
IN THE FOLLOWING MANNER. THE BOARD OF COUNTY COMMISSIONERS OF 12,372
COSHOCTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,373
CITY OF COSHOCTON SHALL APPOINT ONE MEMBER. THE BOARD OF COUNTY 12,374
COMMISSIONERS OF MUSKINGUM COUNTY SHALL APPOINT TWO MEMBERS, AND 12,375
THE MAYOR OF THE CITY OF ZANESVILLE SHALL APPOINT ONE MEMBER. 12,376
THE BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY SHALL APPOINT 12,378
287
TWO MEMBERS, AND THE MAYOR OF THE CITY OF MCCONNELSVILLE SHALL 12,379
APPOINT ONE MEMBER. THE BOARD OF COUNTY COMMISSIONERS OF 12,381
WASHINGTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 12,382
CITY OF MARIETTA SHALL APPOINT ONE MEMBER.
(5) ONE MEMBER REPRESENTING THE MUSKINGUM WATERSHED 12,384
CONSERVANCY DISTRICT, TO BE APPOINTED BY THE BOARD OF DIRECTORS 12,385
OF THE DISTRICT. 12,386
MEMBERS SHALL SERVE AT THE PLEASURE OF THEIR APPOINTING 12,388
AUTHORITY. VACANCIES SHALL BE FILLED IN THE MANNER OF THE 12,389
ORIGINAL APPOINTMENT. 12,390
THE COUNCIL BIENNIALLY SHALL ELECT FROM AMONG ITS MEMBERS A 12,393
CHAIRPERSON AND A VICE-CHAIRPERSON. ONE OF THE REPRESENTATIVES 12,395
OF THE DEPARTMENT OF NATURAL RESOURCES SHALL SERVE AS SECRETARY 12,396
OF THE COUNCIL UNLESS A MAJORITY OF THE MEMBERS ELECT ANOTHER 12,397
MEMBER TO THAT POSITION. THE COUNCIL SHALL MEET AT LEAST ONCE 12,399
EACH YEAR FOR THE PURPOSE OF TAKING TESTIMONY FROM RESIDENTS OF 12,401
THE MUSKINGUM RIVER AREA, USERS OF THE RIVER AND ADJACENT LANDS, 12,402
AND THE GENERAL PUBLIC AND MAY HOLD ADDITIONAL MEETINGS AT THE 12,403
CALL OF THE CHAIRPERSON. 12,404
THE CHAIRPERSON MAY APPOINT MEMBERS OF THE COUNCIL AND 12,407
OTHER PERSONS TO COMMITTEES AND STUDY GROUPS AS NEEDED. 12,408
THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL 12,410
ASSEMBLY, THE GOVERNOR, AND THE DIRECTOR OF NATURAL RESOURCES. 12,411
THE REPORT SHALL INCLUDE, WITHOUT LIMITATION, A DESCRIPTION OF 12,412
THE CONDITIONS OF THE MUSKINGUM RIVER AREA, A DISCUSSION OF THE 12,413
COUNCIL'S ACTIVITIES, ANY RECOMMENDATIONS FOR ACTIONS BY THE 12,415
GENERAL ASSEMBLY OR ANY STATE AGENCY THAT THE COUNCIL DETERMINES 12,417
ARE NEEDED, AND ESTIMATES OF THE COSTS OF THOSE RECOMMENDATIONS. 12,418
THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE STAFF 12,420
ASSISTANCE TO THE COUNCIL AS NEEDED. 12,421
(B) THE COUNCIL MAY DO ANY OF THE FOLLOWING: 12,423
(1) PROVIDE COORDINATION AMONG POLITICAL SUBDIVISIONS, 12,425
STATE AGENCIES, AND FEDERAL AGENCIES INVOLVED IN DREDGING, DEBRIS 12,426
REMOVAL OR DISPOSAL, AND RECREATIONAL, COMMERCIAL, TOURISM, AND 12,428
288
ECONOMIC DEVELOPMENT;
(2) PROVIDE AID TO CIVIC GROUPS AND INDIVIDUALS WHO WANT 12,430
TO MAKE IMPROVEMENTS TO THE MUSKINGUM RIVER IF THE COUNCIL 12,431
DETERMINES THAT THE IMPROVEMENTS WOULD BE BENEFICIAL TO THE 12,432
RESIDENTS OF THE AREA AND TO THE STATE; 12,433
(3) PROVIDE INFORMATION AND PLANNING AID TO STATE AND 12,435
LOCAL AGENCIES RESPONSIBLE FOR HISTORIC, COMMERCIAL, AND 12,436
RECREATIONAL DEVELOPMENT OF THE MUSKINGUM RIVER AREA, INCLUDING 12,437
WITHOUT LIMITATION, SUGGESTIONS AS TO PRIORITIES FOR PENDING 12,439
MUSKINGUM RIVER PROJECTS OF THE DEPARTMENT OF NATURAL RESOURCES;
(4) PROVIDE UPDATED INFORMATION TO THE UNITED STATES ARMY 12,442
CORPS OF ENGINEERS, THE DEPARTMENT OF NATURAL RESOURCES, AND THE 12,443
MUSKINGUM CONSERVANCY DISTRICT ESTABLISHED UNDER CHAPTER 6101. OF 12,446
THE REVISED CODE CONCERNING POTENTIAL HAZARDS TO FLOOD CONTROL OR 12,448
NAVIGATION, EROSION PROBLEMS, DEBRIS ACCUMULATION, AND
DETERIORATION OF LOCKS OR DAMS. 12,449
Sec. 1507.01. There is hereby created in the department of 12,458
natural resources the division of engineering to be administered 12,459
by the chief engineer of the department, who shall be a 12,460
professional engineer registered under Chapter 4733. of the 12,461
Revised Code. The chief engineer shall do all of the following: 12,462
(A) Administer this chapter; 12,464
(B) Provide engineering, architectural, land surveying, 12,466
and related administrative and maintenance support services to 12,467
the other divisions in the department; 12,468
(C) Upon request of the director of natural resources, 12,470
implement the department's capital improvement program and 12,471
facility maintenance projects, including all associated 12,472
engineering, architectural, design, contracting, surveying, 12,473
inspection, and management responsibilities and requirements; 12,474
(D) With the approval of the director, act as contracting 12,476
officer in departmental engineering, architectural, surveying, 12,477
and construction matters regarding capital improvements except 12,478
for those matters otherwise specifically provided for in law; 12,479
289
(E) Administer AS LONG AS THE STATE RETAINS OWNERSHIP OF 12,481
THE BURR OAK WATER SYSTEM, ADMINISTER, operate, and maintain the 12,483
Burr Oak water system and, with the approval of the director, act 12,484
as contracting agent in matters concerning that system; 12,485
(F) Provide engineering support for the coastal management 12,487
program established under Chapter 1506. of the Revised Code; 12,488
(G) Coordinate the department's roadway maintenance 12,490
program with the department of transportation pursuant to section 12,491
5511.05 of the Revised Code and maintain the roadway inventory of 12,492
the department of natural resources; 12,493
(H) Coordinate the department's emergency response 12,495
activities with the emergency management agency created in 12,496
section 5915.02 5502.22 of the Revised Code; 12,497
(I) Coordinate the department's projects, programs, 12,499
policies, procedures, and activities with the United States army 12,500
corps of engineers; 12,501
(J) Subject to the approval of the director, employ 12,503
professional and technical assistants and such other employees as 12,504
are necessary for the performance of the activities required or 12,505
authorized under this chapter, other work of the division, and 12,506
any other work agreed to under working agreements or contractual 12,507
arrangements; prescribe their duties; and fix their compensation 12,508
in accordance with such schedules as are provided by law for the 12,509
compensation of state employees. 12,510
Sec. 1507.12. The chief engineer of the department of 12,519
natural resources shall adopt, and may amend and rescind, rules 12,520
in accordance with Chapter 119. of the Revised Code specifying 12,521
requirements and procedures for the provision of water service to 12,522
water users and establishing a rate schedule, including related 12,523
water service fees and late payment penalties, for the sale of 12,524
water from the Burr Oak water system sufficient to meet the 12,525
capital improvement and operating expenses of the system. The 12,526
revenue derived from the sale of the water shall be deposited 12,527
into the Burr Oak water system fund, which is hereby created in 12,528
290
the state treasury. All investment earnings of the fund shall be 12,529
credited to the fund. Money in the fund shall be used to pay the 12,530
capital improvement and operating expenses of the Burr Oak water
system. The chief engineer may enter into contracts with the 12,531
Ohio water development authority, pursuant to Chapter 6121. of 12,532
the Revised Code, to meet the capital improvement expenses of the 12,533
Burr Oak water system.
THE PROVISIONS OF THIS SECTION APPLY ONLY AS LONG AS THE 12,535
STATE RETAINS OWNERSHIP OF THE BURR OAK WATER SYSTEM AND CEASE TO 12,536
APPLY IF OWNERSHIP OF THE BURR OAK WATER SYSTEM IS TRANSFERRED 12,537
FROM THE STATE. 12,538
For the purposes of this chapter, "Burr Oak water system" 12,540
means the Burr Oak water treatment plant and its transmission 12,541
lines, storage tanks, and other appurtenances. 12,542
Sec. 1509.02. There is hereby created in the department of 12,551
natural resources the division of oil and gas, which shall be 12,552
administered by the chief of the division of oil and gas. 12,553
The chief shall not hold any other public office, nor shall 12,555
he THE CHIEF be engaged in any occupation or business that might 12,556
interfere with or be inconsistent with his THE duties as chief. 12,557
All moneys collected by the chief pursuant to sections 12,559
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 12,560
NINETY PER CENT OF MONEYS RECEIVED BY THE TREASURER OF STATE FROM 12,561
THE TAX LEVIED IN DIVISIONS (A)(5) AND (6) OF SECTION 5749.02, 12,562
all civil penalties paid under section 1509.33, and, 12,564
notwithstanding any section of the Revised Code relating to the 12,565
distribution or crediting of fines for violations of the Revised 12,566
Code, all fines imposed under divisions (A) and (B) of section 12,567
1509.99 of the Revised Code and fines imposed under divisions (C) 12,568
and (D) of section 1509.99 of the Revised Code for all violations 12,569
prosecuted by the attorney general and for violations prosecuted 12,570
by prosecuting attorneys that do not involve the transportation 12,571
of brine by vehicle shall be deposited into the state treasury to 12,572
the credit of the oil and gas permit WELL fund, which is hereby 12,573
291
created. Fines imposed under divisions (C) and (D) of section 12,574
1509.99 of the Revised Code for violations prosecuted by 12,575
prosecuting attorneys that involve the transportation of brine by 12,576
vehicle shall be paid to the county treasury of the county where 12,577
the violation occurred.
The fund shall be used only FOR THE PURPOSES ENUMERATED IN 12,579
DIVISION (B) OF SECTION 1509.071 OF THE REVISED CODE, for the 12,580
expenses of the division associated with the administration of 12,581
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 12,582
3301, and FOR the division's other functions. The expenses of 12,583
the division in excess of the moneys available in the fund shall 12,584
be paid from general revenue fund appropriations to the 12,585
department.
Sec. 1509.071. (A) When the chief of the division of oil 12,594
and gas finds that an owner has failed to comply with the 12,595
restoration requirements of section 1509.072, plugging 12,596
requirements of section 1509.12, or permit provisions of section 12,597
1509.13 of the Revised Code, or rules and orders relating 12,598
thereto, the chief shall make a finding of that fact and declare 12,600
any surety bond filed to ensure compliance with those sections 12,601
and rules forfeited in the amount set by rule of the chief. The 12,602
chief thereupon shall certify the total forfeiture to the 12,603
attorney general, who shall proceed to collect the amount of the 12,604
forfeiture.
In lieu of total forfeiture, the surety, at its option, may 12,606
cause the well to be properly plugged and abandoned and the area 12,607
properly restored or pay to the treasurer of state the cost of 12,609
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 12,612
as provided in this section shall be deposited in the state 12,613
treasury to the credit of the oil and gas well plugging fund, 12,614
which is hereby created IN SECTION 1509.02 OF THE REVISED CODE. 12,615
The fund shall be expended by the chief for the following 12,617
purposes IN ADDITION TO THE OTHER PURPOSES SPECIFIED IN THAT 12,618
292
SECTION:
(1) In accordance with division (D) of this section, to 12,620
plug wells or to restore the land surface properly as required in 12,624
section 1509.072 of the Revised Code for which the bonds have 12,625
been forfeited, for abandoned wells for which no funds are 12,626
available to plug the wells in accordance with this chapter, or 12,628
to use abandoned wells for the injection of oil or gas production 12,630
wastes;
(2) In accordance with division (E) of this section, to 12,632
correct conditions that the chief reasonably has determined are 12,634
causing imminent health or safety risks. 12,635
Expenditures from the fund shall be made only for lawful 12,637
purposes. 12,638
(C)(1) Upon determining that the owner of a well has 12,641
failed to properly plug and abandon it or to properly restore the 12,642
land surface at the well site in compliance with the applicable 12,643
requirements of this chapter and applicable rules adopted and 12,644
orders issued under it or that a well is an abandoned well for 12,645
which no funds are available to plug the well in accordance with 12,646
this chapter, the chief shall do all of the following: 12,647
(a) Determine from the records in the office of the county 12,650
recorder of the county in which the well is located the identity 12,651
of the owner of the land on which the well is located, the
identity of the owner of the oil or gas lease under which the 12,652
well was drilled or the identity of each person owning an 12,653
interest in the lease, and the identities of the persons having 12,654
legal title to, or a lien upon, any of the equipment appurtenant 12,655
to the well; 12,656
(b) Mail notice to the owner of the land on which the well 12,659
is located informing the landowner that the well is to be 12,660
plugged. If the owner of the oil or gas lease under which the 12,661
well was drilled is different from the owner of the well or if
any persons other than the owner of the well own interests in the 12,662
lease, the chief also shall mail notice that the well is to be 12,663
293
plugged to the owner of the lease or to each person owning an 12,664
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 12,667
lien upon, any equipment appurtenant to the well, informing the 12,668
person that the well is to be plugged and offering the person the 12,669
opportunity to plug the well and restore the land surface at the 12,670
well site at the person's own expense in order to avoid 12,671
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 12,674
of this section plugs the well within sixty days after the 12,675
mailing of the notice required by that division, all equipment 12,676
appurtenant to the well is hereby declared to be forfeited to 12,677
this state without compensation and without the necessity for any 12,679
action by the state for use to defray the cost of plugging and 12,680
abandoning the well and restoring the land surface at the well 12,681
site.
(D) Expenditures from the fund for the purpose of division 12,683
(B)(1) of this section shall be made in accordance with either of 12,685
the following:
(1) The expenditures may be made pursuant to contracts 12,687
entered into by the chief with persons who agree to furnish all 12,689
of the materials, equipment, work, and labor as specified and 12,690
provided in such a contract. Agents or employees of persons 12,691
contracting with the chief for the restoration, plugging, and 12,692
injection projects may enter upon any land, public or private, 12,693
for which a project has been approved by the controlling board 12,694
and on which the well is located, for the purpose of performing 12,695
the work. Prior to such entry, the chief shall give to the 12,696
following persons written notice of the existence of a contract 12,697
for a project to restore, plug, or inject oil or gas production 12,698
wastes into a well, the names of the persons with whom the 12,699
contract is made, and the date that the project will commence: 12,700
the owner of the well, the owner of the land upon which the well 12,701
is located, the owner or agents of adjoining land, and, if the 12,702
294
well is located in the same township as or in a township adjacent 12,703
to the excavations and workings of a mine and the owner or lessee 12,704
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 12,705
preceding three years, the owner or lessee of the mine. 12,706
The chief periodically shall submit project proposals under 12,708
division (D)(1) of this section to the controlling board, 12,710
together with benefit and cost data and other pertinent 12,711
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 12,713
plugging, or injection projects that are approved by the 12,714
controlling board, and expenditures for a particular project may 12,715
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 12,718
who has received notice under division (C)(1)(b) of this section 12,719
may plug the well and be reimbursed by the division for the 12,720
reasonable cost of plugging the well. In order to plug the well, 12,721
the landowner shall submit an application to the chief on a form 12,722
prescribed by the chief and approved by the technical advisory 12,723
council on oil and gas created in section 1509.38 of the Revised 12,725
Code. The application, at a minimum, shall require the landowner 12,726
to provide the same information as is required to be included in 12,727
the application for a permit to plug and abandon under section 12,728
1509.13 of the Revised Code. The application shall be 12,729
accompanied by a copy of a proposed contract to plug the well 12,730
prepared by a contractor regularly engaged in the business of 12,731
plugging oil and gas wells. The proposed contract shall require 12,732
the contractor to furnish all of the materials, equipment, work, 12,733
and labor necessary to plug the well properly and shall specify 12,735
the price for doing the work, including a credit for the 12,736
equipment appurtenant to the well that was forfeited to the state 12,737
through the operation of division (C)(2) of this section. The 12,738
application also shall be accompanied by the permit fee required 12,739
by section 1509.13 of the Revised Code unless the chief, in the 12,740
295
chief's discretion, waives payment of the permit fee. If the 12,741
chief waives payment of the permit fee in connection with an 12,742
application, the chief shall certify the amount of the fee to the 12,743
director of budget and management for transfer from the oil and 12,744
gas well plugging fund to the oil and gas permit fund created in 12,745
section 1509.02 of the Revised Code. The application constitutes 12,747
an application for a permit to plug and abandon the well for the 12,748
purposes of section 1509.13 of the Revised Code. 12,749
(b) Within thirty days after receiving an application and 12,752
accompanying proposed contract under division (D)(2)(a) of this 12,754
section, the chief shall determine whether the plugging would 12,755
comply with the applicable requirements of this chapter and 12,756
applicable rules adopted and orders issued under it and whether 12,757
the cost of the plugging under the proposed contract is 12,758
reasonable. If the chief determines that the proposed plugging 12,760
would comply with those requirements and that the proposed cost 12,761
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 12,762
permit to plug and abandon the well under section 1509.13 of the 12,763
Revised Code. Upon approval of the application and proposed 12,765
contract, the chief shall transfer ownership of the equipment 12,766
appurtenant to the well to the landowner. The chief may 12,767
disapprove an application submitted under division (D)(2)(a) of 12,769
this section if the chief determines that the proposed plugging 12,770
would not comply with the applicable requirements of this chapter 12,771
and applicable rules adopted and orders issued under it, that the 12,772
cost of the plugging under the proposed contract is unreasonable, 12,773
or that the proposed contract is not a bona fide, arms length 12,774
contract.
(c) After receiving the chief's notice of the approval of 12,777
the application and permit to plug and abandon a well under 12,778
division (D)(2)(b) of this section, the landowner shall enter 12,779
into the proposed contract to plug the well. The plugging shall 12,780
be completed within one hundred eight days after the landowner 12,781
296
receives the notice of approval and permit. 12,782
(d) Upon determining that the plugging has been completed 12,785
within the time required by division (D)(2)(c) of this section 12,787
and has been completed in compliance with the applicable 12,788
requirements of this chapter and applicable rules adopted and 12,789
orders issued under it, the chief shall reimburse the landowner 12,790
for the cost of the plugging as set forth in the proposed 12,791
contract approved by the chief. The reimbursement shall be paid 12,792
from the oil and gas well plugging fund. If the chief determines 12,793
that the plugging was not completed within the required time or 12,794
was not completed in accordance with the applicable requirements, 12,795
the chief shall not reimburse the landowner for the cost of the 12,796
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 12,798
possession of the equipment appurtenant to the well that 12,800
previously was transferred to the landowner under division 12,801
(D)(2)(b) of this section. If any such equipment was removed 12,802
from the well during the plugging and sold, the landowner shall 12,803
pay to the chief the proceeds from the sale of the equipment, and 12,804
the chief promptly shall pay the moneys so received to the 12,805
treasurer of state for deposit into the oil and gas well plugging 12,806
fund.
The chief may establish an annual limit on the number of 12,808
wells that may be plugged under division (D)(2) of this section 12,810
or an annual limit on the expenditures to be made under that 12,811
division.
As used in division (D)(2) of this section, "plug" and 12,815
"plugging" include the plugging of the well and the restoration 12,816
of the land surface disturbed by the plugging.
(E) Expenditures from the OIL AND GAS WELL fund for the 12,818
purpose of division (B)(2) of this section may be made pursuant 12,820
to contracts entered into by the chief with persons who agree to 12,821
furnish all of the materials, equipment, work, and labor as 12,822
specified and provided in such a contract. The competitive
297
bidding requirements of Chapter 153. of the Revised Code do not 12,823
apply if the chief reasonably determines that correction of the 12,824
applicable health or safety risk requires immediate action. The 12,825
chief, designated representatives of the chief, and agents or 12,826
employees of persons contracting with the chief under this 12,827
division may enter upon any land, public or private, for the 12,828
purpose of performing the work. 12,829
(F) Contracts entered into by the chief under this section 12,832
are not subject to either of the following: 12,833
(1) Chapter 4115. of the Revised Code; 12,835
(2) Section 153.54 of the Revised Code, except that the 12,838
contractor shall obtain and provide to the chief as a bid 12,839
guaranty a surety bond or letter of credit in an amount equal to 12,840
ten per cent of the amount of the contract. 12,841
(G) The owner of land on which a well is located who has 12,844
received notice under division (C)(1)(b) of this section, in lieu 12,847
of plugging the well in accordance with division (D)(2) of this 12,848
section, may cause ownership of the well to be transferred to an 12,849
owner who is lawfully doing business in this state and who has 12,850
met the financial responsibility requirements established under 12,851
section 1509.07 of the Revised Code, subject to the approval of 12,854
the chief. The transfer of ownership also shall be subject to 12,855
the landowner's filing the appropriate forms required under this 12,856
chapter and providing to the chief sufficient information to 12,857
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 12,858
lease, or other documentation of ownership or property rights. 12,860
The chief shall approve or disapprove the transfer of 12,862
ownership of the well. If the chief approves the transfer, the 12,863
owner is responsible for operating the well in accordance with 12,864
this chapter and rules adopted under it, including, without 12,865
limitation, all of the following: 12,866
(1) Filing an application with the chief under section 12,868
1509.06 of the Revised Code if the owner intends to drill deeper 12,871
298
or produce a formation that is not listed in the records of the 12,872
division for that well;
(2) Taking title to and possession of the equipment 12,874
appurtenant to the well that has been identified by the chief as 12,875
having been abandoned by the former owner; 12,876
(3) Complying with all applicable requirements that are 12,879
necessary to drill deeper, plug the well, or plug back the well. 12,880
Sec. 1513.30. There is hereby created in the state 12,889
treasury the unreclaimed lands fund, to be administered by the 12,890
chief of the division of mines and reclamation and used for the 12,891
purpose of reclaiming land, public or private, affected by 12,892
mining, or controlling mine drainage, for which no cash is held 12,893
in the reclamation forfeiture fund created in section 1513.18 of 12,894
the Revised Code or the surface mining reclamation fund created 12,896
in section 1514.06 of the Revised Code, and also for the purpose 12,897
of paying the expenses and compensation of the council on 12,898
unreclaimed strip mined lands as required by section 1513.29 of 12,899
the Revised Code.
In order to direct expenditures from the unreclaimed lands 12,901
fund toward reclamation projects that fulfill priority needs and 12,902
provide the greatest public benefits, the chief periodically 12,904
shall submit to the council project proposals to be financed from 12,905
the unreclaimed lands fund, together with benefit and cost data 12,906
and other pertinent information. For the purpose of selecting 12,907
project areas and determining the boundaries of project areas, 12,908
the council shall consider the feasibility, cost, and public 12,909
benefits of reclaiming the areas, their potential for being 12,910
mined, the availability of federal or other financial assistance 12,911
for reclamation, and the geographic distribution of project areas 12,912
to ensure fair distribution among affected areas. 12,913
The council shall give priority to areas where there is 12,915
little or no likelihood of mining within the foreseeable future, 12,918
reclamation is feasible at reasonable cost with available funds, 12,919
and either of the following applies:
299
(A) The pollution of the waters of the state and damage to 12,921
adjacent property are most severe and widespread; 12,922
(B) Reclamation will make possible public uses for soil, 12,924
water, forest, or wildlife conservation or public recreation 12,925
purposes, will facilitate orderly commercial or industrial site 12,926
development, or will facilitate the use or improve the enjoyment 12,927
of nearby public conservation or recreation lands. 12,928
At least two weeks before any meeting of the council on 12,930
unreclaimed strip mined lands at which the chief will submit a 12,931
project proposal, a project area will be selected, or the 12,932
boundaries of a project area will be determined, the chief shall 12,933
mail notice by first class mail to the board of county 12,934
commissioners of the county and the board of township trustees of 12,935
the township in which the proposed project lies and the chief 12,936
executive and the legislative authority of each municipal 12,937
corporation within the proposed project area. The chief also 12,939
shall give reasonable notice to the news media in the county
where the proposed project lies. 12,940
Expenditures from the unreclaimed lands fund for 12,942
reclamation projects may be made only for projects that are 12,943
within the boundaries of project areas approved by the council, 12,944
and expenditures for a particular project may not exceed any 12,945
applicable limits set by the council. Expenditures from the 12,946
unreclaimed lands fund shall be made by the chief, with the 12,947
approval of the director of natural resources. 12,948
The controlling board may transfer excess funds from the 12,950
oil and gas well plugging fund CREATED IN SECTION 1509.02 OF THE 12,951
REVISED CODE, after recommendation by the council on unreclaimed 12,953
strip mined lands, to meet deficiencies in the unreclaimed lands 12,954
fund.
The chief may expend an amount not to exceed twenty per 12,956
cent of the moneys credited annually by the treasurer of state to 12,957
the unreclaimed lands fund for the purpose of administering the 12,958
unreclaimed lands fund. 12,959
300
The chief may engage in cooperative projects under this 12,961
section with any agency of the United States, appropriate state 12,962
agencies, or state universities or colleges as defined in section 12,963
3345.27 of the Revised Code and may transfer money from the fund, 12,965
with the approval of the council, to other appropriate state 12,966
agencies or to state universities or colleges in order to carry 12,967
out the reclamation activities authorized by this section.
Sec. 1515.091. (A) As used in this section: 12,977
(1) "Receiving employee" means an employee of a soil and 12,979
water conservation district who receives donated sick leave as 12,980
authorized by this section.
(2) "Donating employee" means an employee of a soil and 12,982
water conservation district who donates sick leave as authorized 12,983
by this section. 12,984
(3) "Paid leave" has the same meaning as in section 12,986
124.391 of the Revised Code. 12,987
(4) "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 12,990
WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF SERVICE FOR 12,991
THE DISTRICT TOTAL FORTY HOURS PER WEEK OR WHO RENDERS ANY OTHER 12,992
STANDARD OF SERVICE ACCEPTED AS FULL-TIME BY THE DISTRICT. 12,993
(5) "FULL-TIME LIMITED HOURS EMPLOYEE" MEANS AN EMPLOYEE 12,995
OF A SOIL AND WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF 12,996
SERVICE FOR THE DISTRICT TOTAL TWENTY-FIVE TO THIRTY-NINE HOURS 12,997
PER WEEK OR WHO RENDERS ANY OTHER STANDARD OF SERVICE ACCEPTED AS 12,998
FULL-TIME LIMITED HOURS BY THE DISTRICT.
(B)(1) An employee of a soil and water conservation 13,001
district is eligible to become a receiving employee if the 13,002
employee is a full-time, regular employee, OR A FULL-TIME LIMITED 13,003
HOURS EMPLOYEE, who has completed the prescribed probationary 13,004
period, has used up all accrued paid leave, and has been placed 13,005
on an approved, unpaid, medical-related leave of absence for a 13,006
period of at least thirty CONSECUTIVE working days because of the 13,007
employee's own serious illness or because of a serious illness of 13,009
a member of the employee's immediate family. 13,010
301
(2) An employee who desires to become a receiving employee 13,013
shall submit to the board of supervisors of the employing soil 13,014
and water conservation district, along with a satisfactory 13,015
physician's certification, a written request for donated sick 13,016
leave. The board of supervisors shall determine whether the 13,017
employee is eligible to become a receiving employee, and shall 13,019
approve the request if it determines the employee is eligible. 13,020
(C)(1) A board of supervisors that approves a request for 13,023
an employee to become a receiving employee shall forward the 13,024
approved application to a committee that the Ohio association of 13,026
soil and water conservation district employees shall appoint to 13,027
act as a clearinghouse for the donation of sick leave under this 13,028
section. The committee shall post notice for not less than ten 13,029
days informing all employees of soil and water conservation 13,030
districts throughout the state that it has received an approved 13,031
application to become a receiving employee.
(2) A soil and water conservation district employee 13,033
desiring to become a donating employee shall complete and submit 13,034
a sick leave donation form to the employee's immediate supervisor 13,036
within twenty days after the date of the initial posting of the
notice described in division (C)(1) of this section. If the 13,037
board of supervisors of the employing district of an employee 13,039
desiring to become a donating employee approves the sick leave 13,040
donation, the board shall forward to the committee, together with 13,041
a check equal to the total value of the sick leave donation, a 13,042
copy of the sick leave donation form, and the board shall notify 13,043
the receiving employee regarding the donation. 13,044
(D) If the committee described in division (C)(1) of this 13,047
section receives a sick leave donation form and a check from a 13,048
board of supervisors, the committee shall deposit the check into 13,049
an account that it shall establish to be used to dispense funds 13,050
to the employing district of a receiving employee. The committee 13,051
shall notify the board of supervisors of the employing district 13,052
of a receiving employee of the amount of sick leave donated. The 13,054
302
board of supervisors shall bill the committee during each pay 13,055
period for the receiving employee's gross hourly wages in an 13,056
amount that does not exceed the amount donated to the receiving 13,057
employee. The board of supervisors, with the approval of the 13,058
county auditor, shall provide for the deposit into its 13,059
appropriate payroll account of any payments it receives for the 13,060
benefit of a receiving employee.
(E) The donation and receipt of sick leave under this 13,063
section is subject to all of the following: 13,064
(1) All donations of sick leave shall be voluntary. 13,067
(2) A donating employee is eligible to donate not less 13,069
than eight hours and not more than eighty hours of sick leave 13,070
during the same calendar year. 13,071
(3) The value of an hour of sick leave donated is the 13,073
value of the donating employee's gross hourly wage. The number 13,074
of hours received by a receiving employee from a donating 13,075
employee shall be a number that, when multiplied by the receiving 13,077
employee's gross hourly wage, equals the amount resulting when 13,078
the donating employee's gross hourly wage is multiplied by the 13,079
number of hours of sick leave donated.
(4) No paid leave shall accrue to a receiving employee for 13,082
any compensation received through donated sick leave, and the
receipt of donated sick leave does not affect the date on which a 13,084
receiving employee first qualifies for continuation of health
insurance coverage. 13,085
(5) If a receiving employee does not use all donated sick 13,087
leave during the period of the employee's leave of absence, the 13,088
unused balance shall be returned, within three months after the 13,089
end of the leave of absence and on a prorated basis, to each 13,090
donating employee who donated sick leave to the receiving 13,091
employee REMAIN IN THE ACCOUNT THAT THE COMMITTEE DESCRIBED IN 13,092
DIVISION (C)(1) OF THIS SECTION ESTABLISHED UNDER DIVISION (D) OF 13,093
THIS SECTION AND SHALL BE USED TO DISPENSE FUNDS IN THE FUTURE TO 13,094
THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. 13,095
303
Sec. 1521.04. The chief of the division of water, with the 13,104
approval of the director of natural resources, may make loans and 13,105
grants from the water management fund created in section 1501.32 13,106
of the Revised Code to governmental agencies for water 13,107
management, water supply improvements, and planning and may 13,108
administer grants from the federal government and from other 13,109
public or private sources for carrying out those functions and 13,110
for the performance of any acts that may be required by the 13,111
United States or by any agency or department thereof as a 13,112
condition for the participation by any governmental agency in any 13,113
federal financial or technical assistance program. Direct and 13,114
indirect costs of administration may be paid from the water 13,115
management fund. 13,116
The chief may use the water management fund to acquire, 13,118
construct, reconstruct, improve, equip, maintain, operate, and 13,119
dispose of water management improvements. He THE CHIEF may fix, 13,120
alter, charge, and collect rates, fees, rentals, and other 13,122
charges to be paid into the water management fund by governmental 13,123
agencies and persons who are supplied with water by facilities 13,124
constructed or operated by the department of natural resources in 13,125
order to amortize and defray the cost of the construction, 13,126
maintenance, and operation of those facilities. This section 13,127
does not apply to the Burr Oak water system administered by the 13,128
chief engineer of the department of natural resources under 13,129
Chapter 1507. SECTIONS 1507.01 AND 1507.12 of the Revised Code. 13,130
Sec. 1547.67. The division of watercraft, with the 13,143
approval of the director of natural resources, may expend, for 13,144
the purpose of assisting political subdivisions, conservancy 13,145
districts, and state departments to establish or maintain and 13,146
operate a marine patrol for the purpose of enforcing this chapter 13,147
AND CHAPTER 1548. OF THE REVISED CODE and rules adopted under it 13,149
THEM AND TO PROVIDE EMERGENCY RESPONSE TO BOATING ACCIDENTS ON 13,150
THE WATER, such funds as are appropriated by the general assembly 13,151
for that purpose, and, in addition, such moneys from the 13,152
304
waterways safety fund established in section 1547.75 of the 13,153
Revised Code as determined to be necessary by the division of
watercraft not to exceed ten per cent of all moneys accruing to 13,154
the fund. In no case shall the grant to a political subdivision, 13,155
conservancy district, or state department total more than 13,156
twenty-five THIRTY thousand dollars in a calendar year. Moneys 13,157
so allocated may be used for the purchase, maintenance, and 13,158
operation of vessels and marine equipment, educational materials, 13,159
and personnel salaries, THAT ARE necessary for enforcement of 13,160
this chapter AND CHAPTER 1548. OF THE REVISED CODE and rules 13,161
adopted under it, THEM and to provide for the public safety 13,163
EMERGENCY RESPONSE TO BOATING ACCIDENTS ON THE WATER. 13,164
The division of watercraft shall disburse the moneys as 13,166
provided in this section in accordance with its determination of 13,167
need in the enforcement of this chapter AND CHAPTER 1548. OF THE 13,168
REVISED CODE and rules adopted under it THEM and shall disburse 13,169
those moneys only on a matching COST SHARE basis to supplement 13,171
funds allocated by a political subdivision, conservancy district, 13,172
or state department for that purpose. A GRANTEE SHALL PROVIDE AT 13,173
LEAST TWENTY-FIVE PER CENT OF THE TOTAL PROGRAM COST.
Sec. 1547.68. To assist political subdivisions, 13,182
conservancy districts, state departments, or nonprofit 13,183
organizations in establishing or participating in boating safety 13,184
education programs, the division of watercraft, with the approval 13,185
of the director of natural resources, may expend moneys 13,186
appropriated by the general assembly for those purposes and, 13,187
additionally, moneys from the waterways safety fund established 13,188
in section 1547.75 of the Revised Code determined to be necessary 13,189
by the division, but not to exceed ten per cent of all moneys 13,190
accruing to the fund. In no case shall a grant to any one 13,191
political subdivision, conservancy district, state department, or 13,192
nonprofit organization total more than fifteen THIRTY thousand 13,193
dollars in a calendar year. Moneys so allocated may be used for 13,195
personnel salaries and training, materials, supplies, equipment, 13,196
305
and related expenses needed to conduct boating education 13,197
programs. 13,198
The division shall disburse the moneys as provided in this 13,200
section in accordance with its determination of need in the 13,201
enforcement of this chapter and rules adopted under it or for the 13,202
establishment of or participation in a boating safety education 13,203
program. The division shall disburse moneys only on a cost share 13,204
basis. A grantee shall provide at least twenty-five per cent of 13,205
the total program cost and may do so with cash, in-kind services 13,206
or contributions, or both A COMBINATION. The cost share shall be 13,208
allocated by a political subdivision, conservancy district, state 13,209
department, or nonprofit organization for those purposes. 13,210
Sec. 1547.72. (A) The division of watercraft, whenever it 13,219
considers it in the best interests of the state, and as an aid to 13,220
lake commerce and navigation or recreational boating, may 13,222
construct, maintain, repair, and operate refuge harbors and other 13,223
projects for the harboring, mooring, docking, launching, and 13,224
storing of light draft vessels, and marine recreational 13,225
facilities. Subject to section 1547.77 of the Revised Code, 13,226
those harbors, projects, and facilities may be constructed on 13,227
waters in this state. If a refuge harbor lies between the shore 13,228
line SHORELINE and a harbor line established by the United States 13,230
government so as to interfere with the wharfing out by a littoral 13,231
owner to navigable waters, the littoral owner shall consent 13,232
thereto in writing before the location and construction thereof. 13,233
The division may lease any space in those refuge harbors or 13,235
other projects for the harboring, mooring, docking, launching, 13,236
and storing of light draft vessels. The rental therefor shall be 13,237
determined by the division. 13,238
(B) The division, with the approval of the director of 13,240
natural resources, may expend for the acquisition of any rights 13,241
in land; for the construction, maintenance, repair, and operation 13,242
of refuge harbors and other projects for the harboring, mooring, 13,243
docking, launching, and storing of light draft vessels, and 13,244
306
marine recreational facilities on waters in this state; for 13,245
planning, studies, surveys, and engineering therefor; or for the 13,247
improvement of harbors, channels, and waterways to foster vessel 13,248
safety, funds appropriated by the general assembly for those 13,250
purposes and, in addition, moneys accruing to the waterways 13,251
safety fund established in section 1547.75 of the Revised Code. 13,252
(C) THE DIVISION, WITH THE APPROVAL OF THE DIRECTOR, MAY 13,254
DISTRIBUTE MONEYS FOR THE PURPOSE OF ADMINISTERING FEDERAL 13,255
ASSISTANCE UNDER THE "CLEAN VESSEL ACT OF 1992," 106 STAT. 5086, 13,257
33 U.S.C. 1322 NOTE, TO PUBLIC AND PRIVATE ENTITIES FOR THE 13,258
CONSTRUCTION, RENOVATION, OPERATION, AND MAINTENANCE OF PUMPOUT 13,259
STATIONS AND WASTE RECEPTION FACILITIES AND FOR ANY OTHER PURPOSE
PROVIDED UNDER THAT ACT. PUBLIC AND PRIVATE ENTITIES THAT 13,260
RECEIVE MONEYS UNDER THIS DIVISION MAY CHARGE FEES AT THE 13,261
FACILITIES IN ACCORDANCE WITH GUIDELINES ESTABLISHED UNDER THE 13,262
CLEAN VESSEL ACT OF 1992. 13,263
Sec. 1555.12. In the event the moneys to the credit of the 13,272
coal research and development bond service fund are insufficient 13,273
to meet in full all payments of interest, principal, and charges 13,274
for the retirement of obligations issued pursuant to Section 15 13,275
of Article VIII, Ohio Constitution, and section 1555.08 of the 13,276
Revised Code due and payable during the current calendar year, 13,277
except the principal of notes which THAT the commissioners of the 13,279
sinking fund certify will be retired by the issuance of bonds or 13,280
renewal notes or other obligations, the commissioners may on or 13,281
before the fifteenth day of January of any such year or any time 13,282
or times during such calendar year, but shall in any event within 13,283
ten days prior to the time any such payments are due or prior to 13,284
the date the payments required become due, certify to the 13,285
treasurer of state the total amount of such payments of 13,286
principal, interest, or charges, the amount of moneys to the 13,287
credit of the bond service fund, and the amount of additional 13,288
money necessary to be credited to the bond service fund to meet 13,289
in full the payment of such interest, principal, or charges when 13,290
307
due. 13,291
Upon the receipt of such certification, or if on 13,293
presentation for payment when due of either principal or interest 13,294
on obligations issued pursuant to Section 15 of Article VIII, 13,295
Ohio Constitution, and section 1555.08 of the Revised Code, there 13,296
are insufficient moneys for payment of such principal and 13,297
interest as certified to the treasurer of state, the treasurer of 13,298
state shall, after making whatever transfers are required by 13,299
divisions (C)(1), (2), and (3) of section 129.73 or section 13,300
5528.16 or 5528.36 of the Revised Code, transfer a sufficient 13,301
amount to the bond service fund from the undistributed receipts 13,302
derived from all excises and taxes of the state, except ad 13,303
valorem taxes on personal property, income taxes, and fees, 13,304
excises, or taxes relating to the registration, operation, or use 13,305
of vehicles on the public highways, or to fuels used for 13,306
propelling such vehicles, which excises and taxes, other than 13,307
those excepted, are and shall be deemed to be levied, in addition 13,308
to the purposes otherwise provided for by law, to provide in 13,309
accordance with the provisions of this section for the payment of 13,310
interest, principal, and charges on coal research and development 13,311
general obligations, including bonds and notes, issued pursuant 13,312
to Section 15 of Article VIII, Ohio Constitution, and section 13,313
1555.08 of the Revised Code, provided that the treasurer of state 13,314
shall draw from the undistributed revenues derived from the taxes 13,315
levied by sections 3769.08, 4301.42, 4301.43, 4305.01, 5725.18, 13,316
5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 5731.19, 5733.06, 13,318
5739.02, 5741.02, 5743.02, and 5743.32 of the Revised Code in 13,319
proportion to the amount of undistributed revenues from each such 13,320
tax remaining after the transfer to the improvements bond 13,321
retirement fund created by Section 2f of Article VIII, Ohio 13,322
Constitution, the development bond retirement fund created by 13,323
Section 2h of Article VIII, Ohio Constitution, and the public 13,324
improvements bond retirement fund created by section 129.72 of 13,325
the Revised Code, of such amount of those revenues as may be 13,326
308
required by sections 129.55, 129.63, and 129.73 of the Revised 13,327
Code to be so transferred, provided that the commissioners of the 13,328
sinking fund may, in any resolution authorizing the issuance of 13,329
such coal research and development general obligations, MAY 13,330
provide for the reservation of the right to have the 13,331
undistributed revenues referred to in this paragraph applied 13,332
first to such bonds or other obligations as may thereafter be 13,333
issued and in priority to application thereof to the payment of 13,334
the principal and interest on obligations authorized by this 13,335
chapter, but such reservation shall not in any way qualify the 13,336
obligation of the state, which shall be absolute and 13,337
unconditional, to levy and collect at all times sufficient 13,338
excises and taxes, other than those excepted in Section 2i of 13,339
Article VIII, Ohio Constitution, as will produce adequate 13,340
revenues available for the payment of the principal and interest 13,341
of such coal research and development general obligations. 13,342
Sec. 2108.021. (A) EVERY HOSPITAL SHALL DEVELOP AND 13,344
IMPLEMENT A WRITTEN PROTOCOL FOR FACILITATING PROCUREMENT OF 13,345
ANATOMICAL GIFTS IN CONSULTATION WITH ALL RECOVERY AGENCIES THAT 13,346
WORK WITH THE HOSPITAL IN PROCURING AND REALIZING ANATOMICAL 13,347
GIFTS. THE PROTOCOL SHALL INCLUDE PROVISIONS UNDER WHICH THE 13,348
HOSPITAL SHALL DO ALL OF THE FOLLOWING: 13,349
(1) ENTER INTO AN AGREEMENT WITH AN ORGAN PROCUREMENT 13,351
ORGANIZATION THAT DOES ALL OF THE FOLLOWING: 13,352
(a) PROVIDES FOR THE HOSPITAL TO GIVE TIMELY NOTICE AS 13,354
PROVIDED IN DIVISION (B) OF THIS SECTION THAT AN INDIVIDUAL'S 13,356
DEATH IS IMMINENT OR THE INDIVIDUAL HAS DIED IN THE HOSPITAL; 13,358
(b) PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO 13,360
DETERMINE THE MEDICAL SUITABILITY OF THE POTENTIAL DONOR FOR 13,361
ORGAN DONATION;
(c) ON NOTIFICATION BY THE HOSPITAL OF THE DEATH OR 13,363
IMMINENT DEATH OF A POTENTIAL EYE OR TISSUE DONOR, PROVIDES FOR 13,364
THE ORGAN PROCUREMENT ORGANIZATION OR THIRD PARTY DESCRIBED IN 13,365
DIVISION (B) OF THIS SECTION TO NOTIFY IN A TIMELY MANNER THE EYE 13,367
309
AND TISSUE BANKS THE HOSPITAL HAS AGREEMENTS WITH UNDER DIVISION 13,368
(C) OF THIS SECTION;
(d) UNLESS AN AGREEMENT THE HOSPITAL HAS ENTERED INTO WITH 13,370
AN EYE BANK OR TISSUE BANK UNDER DIVISION (C) OF THIS SECTION 13,371
PROVIDES FOR THE EYE OR TISSUE BANK TO DETERMINE MEDICAL 13,372
SUITABILITY OF THE POTENTIAL DONOR FOR EYE OR TISSUE DONATION, 13,373
PROVIDES FOR THE ORGAN PROCUREMENT ORGANIZATION TO DETERMINE 13,374
MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR EYE AND TISSUE 13,375
DONATIONS.
(2) COLLABORATE WITH THE ORGAN PROCUREMENT ORGANIZATION TO 13,378
ESTABLISH A PROCEDURE FOR REQUESTING ORGAN, EYE, OR TISSUE 13,379
DONATIONS THAT ENSURES THE FAMILY OF EACH POTENTIAL DONOR IS 13,380
NOTIFIED OF THE OPTION TO DONATE ORGANS, EYES, OR TISSUES, OR TO 13,381
DECLINE TO DONATE;
(3) ENCOURAGE DISCRETION AND SENSITIVITY WITH RESPECT TO 13,383
THE CIRCUMSTANCES, OPINIONS, AND BELIEFS OF THE FAMILY OF EACH 13,384
POTENTIAL DONOR; 13,385
(4) COOPERATE WITH THE ORGAN PROCUREMENT ORGANIZATION AND 13,387
AN EYE BANK AND A TISSUE BANK TO DO ALL OF THE FOLLOWING: 13,388
(a) EDUCATE STAFF ON DONATION ISSUES; 13,390
(b) REVIEW DEATH CERTIFICATES AND OTHER RECORDS TO IMPROVE 13,392
IDENTIFICATION OF POTENTIAL DONORS; 13,393
(c) MAINTAIN THE BODY OF EACH POTENTIAL DONOR WHILE 13,395
NECESSARY TESTING AND MATCHING OF POTENTIAL DONATED ORGANS, 13,396
TISSUES, AND EYES TAKE PLACE. 13,397
(B) AN ORGAN PROCUREMENT ORGANIZATION, IN CONSULTATION AND 13,399
AGREEMENT WITH THE EYE BANKS AND TISSUE BANKS THE HOSPITAL HAS 13,400
AGREEMENTS WITH UNDER DIVISION (C) OF THIS SECTION, MAY DESIGNATE 13,401
A THIRD PARTY TO RECEIVE THE NOTICE REQUIRED UNDER DIVISION 13,403
(A)(1)(a) OF THIS SECTION. IF A THIRD PARTY IS DESIGNATED IN 13,404
ACCORDANCE WITH THIS DIVISION, THE AGREEMENT BETWEEN THE HOSPITAL 13,405
AND THE ORGAN PROCUREMENT ORGANIZATION SHALL SPECIFY THAT THE 13,407
NOTICE IS TO BE GIVEN TO THE THIRD PARTY. IF A THIRD PARTY IS 13,408
NOT DESIGNATED IN ACCORDANCE WITH THIS DIVISION, THE AGREEMENT 13,409
310
BETWEEN THE HOSPITAL AND THE ORGAN PROCUREMENT ORGANIZATION SHALL 13,410
REQUIRE THE HOSPITAL TO GIVE THE NOTICE TO THE ORGAN PROCUREMENT 13,411
ORGANIZATION OR A THIRD PARTY DESIGNATED BY THE ORGAN PROCUREMENT 13,412
ORGANIZATION.
(C) EACH HOSPITAL SHALL ENTER INTO AN AGREEMENT WITH AT 13,414
LEAST ONE EYE BANK AND AT LEAST ONE TISSUE BANK WITH WHICH THE 13,415
HOSPITAL WILL COOPERATE TO RETRIEVE, PROCESS, PRESERVE, STORE, 13,417
AND DISTRIBUTE ALL USABLE EYES AND TISSUES THAT HAVE BEEN
DONATED. 13,418
AN AGREEMENT BETWEEN A HOSPITAL AND AN EYE BANK MAY PROVIDE 13,421
FOR THE EYE BANK TO DETERMINE THE MEDICAL SUITABILITY OF EACH 13,422
POTENTIAL DONOR FOR EYE DONATION. AN AGREEMENT BETWEEN A 13,423
HOSPITAL AND A TISSUE BANK MAY PROVIDE FOR THE TISSUE BANK TO
DETERMINE THE MEDICAL SUITABILITY OF EACH POTENTIAL DONOR FOR 13,424
TISSUE DONATION.
NOTHING IN AN AGREEMENT ENTERED INTO UNDER THIS DIVISION 13,426
SHALL INTERFERE WITH THE PROCUREMENT OF ORGANS UNDER AN AGREEMENT 13,427
ENTERED INTO UNDER DIVISION (A)(1) OF THIS SECTION. 13,428
Sec. 2108.022. (A) A REQUEST TO MAKE A GIFT OF 13,431
APPROPRIATE PARTS OF A PATIENT'S BODY SHALL BE INITIATED BY A
PERSON DESIGNATED BY THE HOSPITAL, WHICH MAY BE EITHER OF THE 13,432
FOLLOWING: 13,433
(1) A REPRESENTATIVE OF THE ORGAN PROCUREMENT ORGANIZATION 13,435
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 13,438
CODE;
(2) AN INDIVIDUAL DESIGNATED BY THE HOSPITAL WHO HAS 13,440
COMPLETED A COURSE ON THE PROCEDURE FOR APPROACHING THE FAMILY OF 13,441
A POTENTIAL DONOR AND REQUESTING ORGAN, EYE, AND TISSUE DONATIONS 13,442
THAT IS OFFERED OR APPROVED BY THE ORGAN PROCUREMENT ORGANIZATION 13,443
DESCRIBED IN DIVISION (A)(1) OF SECTION 2108.021 OF THE REVISED 13,445
CODE AND DESIGNED IN CONSULTATION WITH EYE AND TISSUE BANKS. 13,446
(B) A REQUEST TO ANY OF THE PERSONS DESCRIBED IN DIVISION 13,448
(B) OF SECTION 2108.02 OF THE REVISED CODE TO MAKE A GIFT OF 13,450
APPROPRIATE PARTS OF A PATIENT'S BODY SHALL NOT BE MADE IF THE 13,452
311
ORGAN PROCUREMENT ORGANIZATION REPRESENTATIVE OR THE INDIVIDUAL 13,453
DESIGNATED BY THE HOSPITAL HAS ACTUAL NOTICE OF CONTRARY 13,454
INTENTIONS BY THE PATIENT OR ACTUAL NOTICE OF OPPOSITION BY ANY 13,455
OF THE PERSONS DESCRIBED IN DIVISION (B) OF SECTION 2108.02 OF 13,456
THE REVISED CODE. 13,457
Sec. 2108.15. There is hereby created in the state 13,467
treasury the second chance trust fund. The fund shall consist of 13,468
voluntary contributions deposited as provided in sections 13,469
4506.081, 4507.231, and 4507.501 of the Revised Code. All 13,470
investment earnings of the fund shall be credited to the fund. 13,471
The director of health shall use the money in the fund only 13,473
for the following purposes: 13,474
(A) Development and implementation of a campaign that 13,476
explains and promotes the second chance trust fund; 13,477
(B) Development and implementation of a statewide public 13,479
education program about organ, tissue, and eye donation, 13,480
including the informational material required to be provided 13,481
under sections 4506.081, 4507.231, and 4507.501 of the Revised 13,482
Code;
(C) Development and implementation of statewide donor 13,484
awareness programs in secondary schools; 13,485
(D) Development and implementation of statewide programs 13,487
to recognize donor families; 13,488
(E) Development of statewide hospital training programs to 13,490
encourage and facilitate compliance with the provisions of 13,491
division (A) of section 2108.021 of the Revised Code concerning 13,493
circumstances under which an anatomical gift is required to be 13,495
requested;
(F) Reimbursement of the bureau of motor vehicles for the 13,498
administrative costs incurred in the performance of duties under 13,499
sections 4506.081, 4507.231, and 4507.501 of the Revised Code. 13,500
(G) Payment of the compensation of a staff member of the 13,502
department of health for the staff member's time spent monitoring 13,503
hospital compliance with sections 2108.01 to 2108.09 of the 13,504
312
Revised Code;
(H) Reimbursement UNTIL DECEMBER 31, 2000, REIMBURSEMENT 13,507
of board members for actual and necessary expenses incurred in 13,508
the performance of official duties.
The UNTIL DECEMBER 31, 2000, THE director shall consider 13,511
recommendations made by the second chance trust fund board 13,512
pursuant to section 2108.16 of the Revised Code. The UNTIL 13,513
DECEMBER 31, 2000, THE director shall determine the 13,514
appropriateness of and approve or disapprove projects recommended 13,515
by the board for funding and. ON AND AFTER DECEMBER 31, 2000, 13,516
THE DIRECTOR SHALL DETERMINE THE APPROPRIATENESS OF AND APPROVE 13,517
OR DISAPPROVE PROJECTS. THE DIRECTOR SHALL approve or disapprove 13,518
the disbursement of money from the second chance trust fund. 13,519
Sec. 2151.55. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 13,521
INTENDS TO PLACE A CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN 13,522
THE COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING 13,523
REMOVED FROM HOME, A REPRESENTATIVE OF THE PLACING ENTITY SHALL 13,524
ORALLY COMMUNICATE THE INTENDED PLACEMENT TO THE FOSTER CAREGIVER 13,525
WITH WHOM THE CHILD IS TO BE PLACED AND, IF THE CHILD WILL ATTEND 13,526
THE SCHOOLS OF THE DISTRICT IN WHICH THE FOSTER HOME IS LOCATED, 13,527
A REPRESENTATIVE OF THE SCHOOL DISTRICT'S BOARD OF EDUCATION. 13,528
Sec. 2151.551. DURING THE ORAL COMMUNICATION DESCRIBED IN 13,531
SECTION 2151.55 OF THE REVISED CODE, THE REPRESENTATIVE OF THE 13,532
PLACING ENTITY SHALL DO THE FOLLOWING:
(A) DISCUSS SAFETY AND WELL-BEING CONCERNS REGARDING THE 13,534
CHILD AND, IF THE CHILD ATTENDS SCHOOL, THE STUDENTS, TEACHERS, 13,535
AND PERSONNEL OF THE SCHOOL; 13,536
(B) PROVIDE THE FOLLOWING INFORMATION: 13,538
(1) A BRIEF DESCRIPTION OF THE REASONS THE CHILD WAS 13,540
REMOVED FROM HOME; 13,541
(2) SERVICES THE CHILD IS RECEIVING; 13,543
(3) THE NAME OF THE CONTACT PERSON FOR THE PLACING ENTITY 13,545
THAT IS DIRECTLY RESPONSIBLE FOR MONITORING THE CHILD'S 13,546
PLACEMENT;
313
(4) THE TELEPHONE NUMBER OF THE PLACING ENTITY AND, IF THE 13,548
CHILD IS IN THE TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF A 13,549
PRIVATE OR GOVERNMENT ENTITY OTHER THAN THE PLACING ENTITY, THE 13,550
TELEPHONE NUMBER OF THE ENTITY WITH CUSTODY; 13,551
(5) THE PREVIOUS SCHOOL DISTRICT ATTENDED BY THE CHILD; 13,553
(6) THE LAST KNOWN ADDRESS OF THE CHILD'S PARENTS. 13,555
Sec. 2151.552. NO LATER THAN FIVE DAYS AFTER A CHILD 13,557
DESCRIBED IN SECTION 2151.55 OF THE REVISED CODE IS ENROLLED IN 13,558
SCHOOL IN THE DISTRICT DESCRIBED IN THAT SECTION, THE PLACING 13,560
ENTITY SHALL PROVIDE IN WRITING THE INFORMATION DESCRIBED IN 13,561
DIVISION (B) OF SECTION 2151.551 OF THE REVISED CODE TO THE 13,562
SCHOOL DISTRICT AND THE CHILD'S FOSTER CAREGIVER. 13,563
Sec. 2151.553. EACH SCHOOL DISTRICT BOARD OF EDUCATION 13,565
SHALL IMPLEMENT A PROCEDURE FOR RECEIVING THE INFORMATION 13,566
DESCRIBED IN SECTION 2151.552 OF THE REVISED CODE. 13,567
Sec. 2151.554. WHEN A PRIVATE OR GOVERNMENTAL ENTITY 13,569
PLACES A CHILD WHO HAS BEEN ADJUDICATED TO BE AN UNRULY OR 13,570
DELINQUENT CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN THE 13,571
COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING REMOVED 13,573
FROM HOME, THE PLACING ENTITY SHALL PROVIDE THE FOLLOWING
INFORMATION IN WRITING TO THE JUVENILE COURT OF THE COUNTY IN 13,575
WHICH THE FOSTER HOME IS LOCATED:
(A) THE INFORMATION LISTED IN DIVISIONS (B)(2) TO (4) OF 13,577
SECTION 2151.551 OF THE REVISED CODE; 13,579
(B) A BRIEF DESCRIPTION OF THE FACTS SUPPORTING THE 13,581
ADJUDICATION THAT THE CHILD IS UNRULY OR DELINQUENT; 13,582
(C) THE NAME AND ADDRESS OF THE FOSTER CAREGIVER; 13,584
(D) SAFETY AND WELL-BEING CONCERNS WITH RESPECT TO THE 13,586
CHILD AND COMMUNITY. 13,587
Sec. 2305.232. (A) No person who gives aid or advice in 13,596
an emergency situation relating to the prevention of an imminent 13,597
release of hazardous material, to the clean-up or disposal of 13,598
hazardous material that has been released, or to the related 13,599
mitigation of the effects of a release of hazardous material, nor 13,600
314
the public or private employer of such a person, is liable in 13,601
civil damages as a result of the aid or advice if all of the 13,602
following apply: 13,603
(1) The aid or advice was given at the request of: 13,605
(a) A sheriff, the chief of police or other chief officer 13,607
of the law enforcement agency of a municipal corporation, the 13,608
chief of police of a township police district, the chief of a 13,609
fire department, the state fire marshal, the director of 13,610
environmental protection, the chairman CHAIRPERSON of the public 13,611
utilities commission, the superintendent of the state highway 13,613
patrol, the state EXECUTIVE director of the emergency management 13,614
agency, the chief executive of a municipal corporation, or the 13,616
authorized representative of any such official, or the 13,617
legislative authority of a township or county; or 13,618
(b) The owner or manufacturer of the hazardous material, 13,620
an association of manufacturers of the hazardous material, or a 13,621
hazardous material mutual aid group;. 13,622
(2) The person giving the aid or advice acted without 13,624
anticipating remuneration for himself SELF or his THE PERSON'S 13,626
employer from the governmental official, authority, or agency 13,627
that requested the aid or advice; 13,628
(3) The person giving the aid or advice was specially 13,630
qualified by training or experience to give the aid or advice; 13,631
(4) Neither the person giving the aid or advice nor the 13,633
public or private employer of the person giving the aid or advice 13,634
was responsible for causing the release or threat of release nor 13,635
would otherwise be liable for damages caused by the release; 13,636
(5) The person giving the aid or advice did not engage in 13,638
willful, wanton, or reckless misconduct or grossly negligent 13,639
conduct in giving the aid or advice; 13,640
(6) The person giving the aid or advice notified the 13,642
emergency response section of the environmental protection agency 13,643
prior to giving the aid or advice. 13,644
(B) The immunity conferred by this section does not limit 13,646
315
the liability of any person whose action caused or contributed to 13,647
the release of hazardous material. That person is liable for any 13,648
enhancement of damages caused by the person giving aid or advice 13,649
under this section unless the enhancement of damages was caused 13,650
by the willful, wanton, or reckless misconduct or grossly 13,651
negligent conduct of the person giving aid or advice. 13,652
(C) This section does not apply to any person rendering 13,654
care, assistance, or advice in response to a discharge of oil 13,655
when that person's immunity from liability is subject to 13,656
determination under section 2305.39 of the Revised Code.
(D) As used in this section: 13,658
(1) "Hazardous material" means any material designated as 13,660
such under the "Hazardous Materials Transportation Act," 88 Stat. 13,661
2156 (1975), 49 U.S.C.A. 1803, as amended. 13,662
(2) "Mutual aid group" means any group formed at the 13,664
federal, state, regional, or local level whose members agree to 13,665
respond to incidents involving hazardous material whether or not 13,666
they shipped, transported, manufactured, or were at all connected 13,667
with the hazardous material involved in a particular incident. 13,668
(3) "Discharge" and "oil" have the same meanings as in 13,670
section 2305.39 of the Revised Code. 13,671
Sec. 2744.10. (A) AS USED IN THIS SECTION: 13,673
(1) "COMPUTER SERVICES," "COMPUTER," "COMPUTER SYSTEM," 13,675
"COMPUTER NETWORK," "COMPUTER PROGRAM," "COMPUTER SOFTWARE," AND 13,676
"DATA" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE 13,677
REVISED CODE.
(2) "INFORMATION TECHNOLOGY SYSTEM OR PRODUCT" INCLUDES A 13,679
COMPUTER SERVICE, COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, OR 13,680
COMPUTER PROGRAM, COMPUTER SOFTWARE, AND DATA AND ALSO INCLUDES, 13,681
BUT IS NOT LIMITED TO, ANY SOFTWARE, FIRMWARE, MICROCODE, 13,682
HARDWARE, EMBEDDED CHIPS, OR OTHER SYSTEM OR PRODUCT OR ANY 13,683
COMBINATION OF THOSE ITEMS THAT CREATES, READS, WRITES, 13,684
CALCULATES, COMPARES, SEQUENCES, OR OTHERWISE PROCESSES DATE 13,685
DATA.
316
(3) "STATE" AND "POLITICAL SUBDIVISION" HAVE THE SAME 13,687
MEANING AS IN SECTION 2744.01 OF THE REVISED CODE. 13,688
(4) "YEAR 2000 COMPLIANT" MEANS A COMPUTER SYSTEM OR 13,691
SYSTEMS THAT ARE, OR WILL BE, CAPABLE OF ACCURATELY PROCESSING, 13,692
STORING, PROVIDING AND RECEIVING DATE AND TIME DATA FROM, INTO, 13,693
AND BETWEEN THE TWENTIETH AND TWENTY-FIRST CENTURIES, INCLUDING 13,695
THE YEARS 1999 AND 2000, AND LEAP-YEAR CALCULATIONS, WHEN USED ON 13,697
A STAND-ALONE BASIS OR IN COMBINATION WITH OTHER HARDWARE, 13,698
FIRMWARE, OR SOFTWARE, WITHOUT CREATING NEW ERRORS OR SIDE 13,699
EFFECTS. THE PROCESSING OF DATE AND TIME DATA INCLUDES, BUT IS
NOT LIMITED TO, CALCULATING, COMPARING, PROJECTING, AND 13,700
SEQUENCING.
(B) THE STATE OR A POLITICAL SUBDIVISION SHALL NOT BE 13,702
LIABLE IN ANY CIVIL ACTION OR PROCEEDINGS FOR ANY DAMAGES CAUSED 13,704
BY THE FAILURE OF ANY INFORMATION TECHNOLOGY SYSTEM OR PRODUCT 13,705
PROVIDED OR USED BY THE STATE OR THE POLITICAL SUBDIVISION TO BE 13,706
YEAR 2000 COMPLIANT, UNLESS THE CLAIMANT PROVES, BY CLEAR AND
CONVINCING EVIDENCE, THAT BOTH OF THE FOLLOWING APPLY: 13,707
(1) THE FAILURE OF THE INFORMATION TECHNOLOGY SYSTEM OR 13,709
PRODUCT TO BE YEAR 2000 COMPLIANT IS THE PROXIMATE CAUSE OF THE 13,711
DAMAGES ALLEGED.
(2) THE STATE OR THE POLITICAL SUBDIVISION FAILED TO MAKE 13,714
A GOOD FAITH EFFORT, PRIOR TO JANUARY 1, 2000, TO BECOME YEAR 13,715
2000 COMPLIANT.
(C) AN ACTION FOR DAMAGES AGAINST THE STATE UNDER THIS 13,718
SECTION SHALL BE FILED IN THE COURT OF CLAIMS PURSUANT TO CHAPTER 13,719
2743. OF THE REVISED CODE.
Sec. 2941.51. (A) Counsel appointed to a case or selected 13,728
by an indigent person under division (E) of section 120.16 or 13,729
division (E) of section 120.26 of the Revised Code, or otherwise 13,730
appointed by the court, except for counsel appointed by the court 13,731
to provide legal representation for a person charged with a 13,732
violation of an ordinance of a municipal corporation, shall be 13,733
paid for their services by the county the compensation and 13,734
317
expenses that the trial court approves. Each request for payment 13,735
shall be accompanied by A FINANCIAL DISCLOSURE FORM AND an 13,736
affidavit of indigency THAT ARE completed by the indigent person 13,738
on forms prescribed by the state public defender. Compensation 13,739
and expenses shall not exceed the amounts fixed by the board of 13,740
county commissioners pursuant to division (B) of this section. 13,741
(B) The board of county commissioners shall establish a 13,743
schedule of fees by case or on an hourly basis to be paid by the 13,744
county for legal services provided by appointed counsel. Prior 13,745
to establishing such schedule, the board shall request the bar 13,746
association or associations of the county to submit a proposed 13,747
schedule. The schedule submitted shall be subject to the review, 13,748
amendment, and approval of the board of county commissioners. 13,749
(C) In a case where counsel have been appointed to conduct 13,751
an appeal under Chapter 120. of the Revised Code, such 13,752
compensation shall be fixed by the court of appeals or the 13,753
supreme court, as provided in divisions (A) and (B) of this 13,754
section. 13,755
(D) The fees and expenses approved by the court under this 13,757
section shall not be taxed as part of the costs and shall be paid 13,758
by the county. However, if the person represented has, or 13,759
reasonably may be expected to have, the means to meet some part 13,760
of the cost of the services rendered to the person, the person 13,762
shall pay the county an amount that the person reasonably can be 13,764
expected to pay. Pursuant to section 120.04 of the Revised Code, 13,765
the county shall pay to the state public defender a percentage of 13,767
the payment received from the person in an amount proportionate 13,769
to the percentage of the costs of the person's case that were 13,770
paid to the county by the state public defender pursuant to this 13,771
section. The money paid to the state public defender shall be 13,772
credited to the client payment fund created pursuant to division 13,773
(B)(5) of section 120.04 of the Revised Code. 13,775
(E) The county auditor shall draw a warrant on the county 13,778
treasurer for the payment of such counsel in the amount fixed by 13,779
318
the court, plus the expenses that the court fixes and certifies 13,780
to the auditor. The county auditor shall report periodically, 13,781
but not less than annually, to the board OF COUNTY COMMISSIONERS 13,782
and to the Ohio public defender commission the amounts paid out 13,783
pursuant to the approval of the court under this section, 13,784
separately stating costs and expenses that are reimbursable under 13,785
section 120.35 of the Revised Code. The board, after review and 13,786
approval of the auditor's report, may then certify it to the 13,787
state public defender for reimbursement. THE REQUEST FOR 13,788
REIMBURSEMENT SHALL BE ACCOMPANIED BY A FINANCIAL DISCLOSURE FORM 13,789
COMPLETED BY EACH INDIGENT PERSON FOR WHOM COUNSEL WAS PROVIDED 13,790
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 13,791
public defender shall review the report and, in accordance with 13,792
the standards, guidelines, and maximums established pursuant to 13,793
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 13,794
pay fifty per cent of the total cost, other than costs and 13,795
expenses that are reimbursable under section 120.35 of the 13,796
Revised Code, if any, of paying appointed counsel in each county 13,797
and pay fifty per cent of costs and expenses that are 13,798
reimbursable under section 120.35 of the Revised Code, if any, to 13,799
the board.
(F) If any county system for paying appointed counsel 13,801
fails to maintain the standards for the conduct of the system 13,802
established by the rules of the Ohio public defender commission 13,803
pursuant to divisions (B) and (C) of section 120.03 of the 13,804
Revised Code or the standards established by the state public 13,805
defender pursuant to division (B)(7) of section 102.04 120.04 of 13,807
the Revised Code, the commission shall notify the board of county
commissioners of the county that the county system for paying 13,809
appointed counsel has failed to comply with its rules. Unless 13,810
the board corrects the conduct of its appointed counsel system to 13,811
comply with the rules within ninety days after the date of the 13,812
notice, the state public defender may deny all or part of the 13,814
county's reimbursement from the state provided for in this 13,815
319
section.
Sec. 2949.17. (A) The sheriff may take one guard for 13,824
every two convicted felons to be transported to a correctional 13,826
institution. The trial judge may authorize a larger number of 13,827
guards upon written application of the sheriff, in which case a 13,828
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, 13,829
and the sheriff shall deliver the order with the convict to the 13,830
person in charge of the correctional institution. In 13,831
(B) IN order to obtain reimbursement for the county for 13,834
the expenses of transportation for indigent convicted felons, the
clerk of the court of common pleas shall prepare a transportation 13,835
cost bill for each indigent convicted felon transported pursuant 13,836
to this section for an amount equal to ten cents a mile from the 13,837
county seat to the state correctional institution and return for 13,838
the sheriff and each of the guards and five cents a mile from the 13,839
county seat to the state correctional institution for each
prisoner. The number of miles shall be computed by the usual 13,840
route of travel. THE CLERK'S DUTIES UNDER THIS DIVISION ARE 13,841
SUBJECT TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE. 13,842
Sec. 2949.19. The (A) SUBJECT TO DIVISION (B) OF THIS 13,852
SECTION, THE clerk of the court of common pleas shall report to 13,853
the state public defender all cases in which an indigent person 13,854
was convicted of a felony, all cases in which reimbursement is 13,855
required by section 2949.20 of the Revised Code, and all cost 13,856
bills for transportation that are prepared pursuant to section 13,857
2949.17 of the Revised Code. The reports shall be filed for each 13,858
fiscal quarter within thirty days after the end of the quarter on 13,859
a form prescribed by the state public defender and shall be 13,860
accompanied by a certification of a judge of the court that in 13,861
all cases listed in the report the defendant was determined to be 13,862
indigent and convicted of a felony or that the case is reported 13,863
pursuant to section 2949.20 of the Revised Code and that for each 13,864
transportation cost bill submitted pursuant to section 2949.17 of 13,865
320
the Revised Code that the convicted felon was determined to be 13,866
indigent. The state public defender shall review the reports 13,867
RECEIVED UNDER THIS DIVISION and prepare a transportation cost 13,868
voucher and a quarterly subsidy voucher for each county for the 13,869
amounts he THE STATE PUBLIC DEFENDER finds to be correct. To 13,871
compute the quarterly subsidy, the state public defender first 13,872
shall subtract the total of all transportation cost vouchers that 13,873
he THE STATE PUBLIC DEFENDER approves for payment for the quarter 13,875
from one-fourth of his THE STATE PUBLIC DEFENDER'S total
appropriation for criminal costs subsidy for the fiscal year of 13,877
which the quarter is part. He THE STATE PUBLIC DEFENDER then 13,878
shall compute a base subsidy amount per case by dividing the 13,880
remainder by the total number of cases from all counties he THE
STATE PUBLIC DEFENDER approves for subsidy for the quarter. The 13,882
quarterly subsidy voucher for each county shall then be the 13,883
product of the base subsidy amount times the number of cases 13,884
submitted by the county and approved for subsidy for the quarter. 13,885
Payment shall be made to the clerk. 13,886
The clerk shall keep a record of all cases submitted for 13,888
the subsidy in which the defendant was bound over to the court of 13,889
common pleas from the municipal court. Upon receipt of the 13,890
quarterly subsidy, the clerk shall pay to the clerk of the 13,891
municipal court, for municipal court costs in such cases, an 13,892
amount that does not exceed fifteen dollars per case, shall pay 13,893
foreign sheriffs for their services, and shall deposit the 13,894
remainder of the subsidy to the credit of the general fund of the 13,895
county. The clerk of the court of common pleas then shall stamp 13,896
his THE CLERK'S records "subsidy costs satisfied." 13,897
(B) IF NOTIFIED BY THE STATE PUBLIC DEFENDER UNDER SECTION 13,899
2949.201 OF THE REVISED CODE THAT, FOR A SPECIFIED STATE FISCAL 13,900
YEAR, THE GENERAL ASSEMBLY HAS NOT APPROPRIATED FUNDING FOR 13,901
REIMBURSEMENT PAYMENTS PURSUANT TO DIVISION (A) OF THIS SECTION, 13,902
THE CLERK OF THE COURT OF COMMON PLEAS IS EXEMPT FOR THAT STATE 13,903
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE CLERK BY DIVISION 13,904
321
(A) OF THIS SECTION AND BY SECTIONS 2949.17 AND 2949.20 OF THE
REVISED CODE. UPON PROVIDING THE NOTICE DESCRIBED IN THIS 13,905
DIVISION, THE STATE PUBLIC DEFENDER IS EXEMPT FOR THAT STATE 13,906
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE STATE PUBLIC 13,907
DEFENDER BY DIVISION (A) OF THIS SECTION. 13,908
Sec. 2949.20. In any case of final judgment of reversal as 13,917
provided in section 2953.07 of the Revised Code, whenever the 13,918
state of Ohio is the appellee, the clerk of the court of common 13,919
pleas of the county in which sentence was imposed shall certify 13,920
the case to the state public defender for reimbursement in the 13,921
report required by section 2949.19 of the Revised Code, SUBJECT 13,922
TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE.
Sec. 2949.201. (A) On or before the first day of February 13,931
of even-numbered years DATE SPECIFIED IN DIVISION (B) OF THIS 13,933
SECTION, IN EACH STATE FISCAL YEAR, the state public defender 13,936
shall report to the speaker and minority leader of the house of 13,938
representatives, the president and minority leader of the senate,
the office of budget and management, and the legislative budget 13,939
office of the legislative service commission an estimate of the 13,941
amount of money that will be required for the next fiscal 13,942
biennium to make the NOTIFY THE CLERK OF THE COURT OF COMMON 13,943
PLEAS OF EACH COUNTY WHETHER THE GENERAL ASSEMBLY HAS, OR HAS
NOT, APPROPRIATED FUNDING FOR THAT STATE FISCAL YEAR FOR 13,944
REIMBURSEMENT payments required by PURSUANT TO DIVISION (A) OF 13,945
section 2949.19 of the Revised Code. 13,946
(B) THE STATE PUBLIC DEFENDER SHALL PROVIDE THE 13,948
NOTIFICATION REQUIRED BY DIVISION (A) OF THIS SECTION ON OR 13,949
BEFORE WHICHEVER OF THE FOLLOWING DATES IS APPLICABLE: 13,950
(1) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,952
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,953
FISCAL YEAR IS IN EFFECT, ON OR BEFORE THE THIRTY-FIRST DAY OF 13,954
JULY;
(2) IF, ON THE FIRST DAY OF JULY OF THE FISCAL YEAR IN 13,956
QUESTION, THE MAIN OPERATING APPROPRIATIONS ACT THAT COVERS THAT 13,957
322
FISCAL YEAR IS NOT IN EFFECT, ON OR BEFORE THE DAY THAT IS THIRTY 13,958
DAYS AFTER THE EFFECTIVE DATE OF THE MAIN OPERATING 13,959
APPROPRIATIONS ACT THAT COVERS THAT FISCAL YEAR. 13,960
Sec. 3109.13. As used in sections 3109.13 to 3109.18 of 13,969
the Revised Code, "child abuse and child neglect prevention 13,970
programs" means programs designed to prevent child abuse and 13,971
child neglect, including, but not limited to, any of the 13,972
following: 13,973
(A) Community-based public PUBLIC awareness programs that 13,975
pertain to child abuse or child neglect; 13,977
(B) Community-based educational programs that pertain to 13,979
prenatal care, perinatal bonding, child development, basic child 13,980
care, care of children with special needs, or coping with family 13,981
stress;, FAMILY-FOCUSED SUPPORT SERVICES AND ACTIVITIES THAT DO 13,982
ANY OF THE FOLLOWING: 13,984
(1) BUILD PARENTING SKILLS; 13,986
(2) PROMOTE PARENTAL BEHAVIORS THAT LEAD TO HEALTHY AND 13,988
POSITIVE PERSONAL DEVELOPMENT OF PARENTS AND CHILDREN; 13,989
(3) PROMOTE INDIVIDUAL, FAMILY, AND COMMUNITY STRENGTHS; 13,991
(4) PROVIDE INFORMATION, EDUCATION, OR HEALTH ACTIVITIES 13,993
THAT PROMOTE THE WELL-BEING OF FAMILIES AND CHILDREN. 13,994
(C) Community-based programs that relate to care and 13,996
treatment in child abuse or child neglect crisis situations; aid 13,997
to parents who potentially may abuse or neglect their children; 13,998
child abuse or child neglect counseling; support groups for 13,999
parents who potentially may abuse or neglect their children, and 14,000
support groups for their children; or early identification of 14,001
families in which there is a potential for child abuse or child 14,002
neglect; 14,003
(D) Programs that train and place volunteers in programs 14,005
that pertain to child abuse or child neglect; 14,006
(E) Programs that may develop and make available to boards 14,008
of education curricula and educational materials on basic child 14,009
care and parenting skills, or programs that would provide both 14,010
323
teacher and volunteer training programs. 14,011
Sec. 3109.14. (A) As used in this section, "birth record" 14,020
and "certification of birth" have the meanings given in section 14,021
3705.01 of the Revised Code. 14,022
(B)(1) The director of health, a person authorized by the 14,024
director, a local commissioner of health, or a local registrar of 14,025
vital statistics shall charge and collect for each CERTIFIED copy 14,026
of a birth record and for each certification of birth a fee of 14,027
two dollars, and for each copy of a death record a fee of two 14,028
dollars, in addition to the fee imposed by section 3705.24 or any 14,029
other section of the Revised Code. A local commissioner of 14,030
health or a local registrar of vital statistics may retain an 14,031
amount of each additional fee collected, not to exceed three per 14,034
cent of the amount of the additional fee, to be used for costs 14,035
directly related to the collection of the fee and the forwarding 14,036
of the fee to the treasurer of state.
(2) Upon the filing for a divorce decree under section 14,038
3105.10 or a decree of dissolution under section 3105.65 of the 14,039
Revised Code, a court of common pleas shall charge and collect a 14,040
fee of ten dollars in addition to any other court costs or fees. 14,041
The county clerk of courts may retain an amount of each 14,042
additional fee collected, not to exceed three per cent of the 14,044
amount of the additional fee, to be used for costs directly 14,045
related to the collection of the fee and the forwarding of the 14,046
fee to the treasurer of state. 14,047
(C) The additional fees collected, but not retained, under 14,049
this section during each month shall be forwarded not later than 14,050
the twentieth TENTH day of the immediately following month to the 14,051
treasurer of state, who shall deposit the fees in the state 14,053
treasury to the credit of the children's trust fund, which is 14,054
hereby created. A PERSON OR GOVERNMENT ENTITY THAT FAILS TO 14,055
FORWARD THE FEES IN A TIMELY MANNER, AS DETERMINED BY THE 14,056
TREASURER OF STATE, SHALL FORWARD TO THE TREASURER OF STATE, IN 14,057
ADDITION TO THE FEES, A PENALTY EQUAL TO TEN PER CENT OF THE 14,059
324
FEES.
The treasurer of state shall invest the moneys in the fund, 14,061
and all earnings resulting from investment of the fund shall be 14,062
credited to the fund, except that actual administrative costs 14,063
incurred by the treasurer of state in administering the fund may 14,064
be deducted from the earnings resulting from investments. The 14,065
amount that may be deducted shall not exceed three per cent of 14,066
the total amount of fees credited to the fund in each fiscal 14,067
year, except that the children's trust fund board may approve an 14,068
amount for actual administrative costs exceeding three per cent 14,069
but not exceeding four per cent of such amount. The balance of 14,070
the investment earnings shall be credited to the fund. Moneys 14,071
credited to the fund shall be used only for the purposes 14,072
described in sections 3109.17 and 3109.13 TO 3109.18 of the 14,074
Revised Code.
Sec. 3109.15. There is hereby created within the 14,083
department of human services the children's trust fund board 14,084
consisting of thirteen FIFTEEN members. The director DIRECTORS 14,086
of ALCOHOL AND DRUG ADDICTION SERVICES, health, and the director 14,088
of human services shall be members of the board. Seven EIGHT 14,089
public members shall be appointed by the governor. These members 14,090
shall be persons with demonstrated knowledge in programs for 14,091
children, shall be representative of the demographic composition 14,092
of this state, and, to the extent practicable, shall be 14,093
representative of the following categories: the educational 14,094
community; the legal community; the social work community; the 14,095
medical community; the voluntary sector; and professional 14,096
providers of child abuse and child neglect services. Five of 14,097
these members shall be residents of counties where the population 14,098
exceeds four hundred thousand; no more than one such member shall 14,099
be a resident of the same county. Two members of the board shall 14,100
be members of the house of representatives appointed by the 14,101
speaker of the house of representatives and shall be members of 14,102
two different political parties. Two members of the board shall 14,103
325
be members of the senate appointed by the president of the senate 14,104
and shall be members of two different political parties. All 14,105
members of the board appointed by the speaker of the house of 14,106
representatives or the president of the senate shall serve until 14,107
the expiration of the sessions of the general assembly during 14,108
which they were appointed. They may be reappointed to an 14,109
unlimited number of successive terms of two years at the pleasure 14,110
of the speaker of the house of representatives or president of 14,111
the senate. Of the public members first appointed, three shall 14,112
serve for terms of four years; two shall serve for terms of three 14,113
years; and two shall serve for terms of two years. Thereafter, 14,114
public PUBLIC members shall serve terms of three years. Each 14,115
member shall serve until his THE MEMBER'S successor is appointed. 14,117
No public member may serve more than two consecutive terms, 14,119
regardless of whether such terms were full or partial terms. All 14,120
vacancies on the board shall be filled for the balance of the 14,121
unexpired term in the same manner as the original appointment. 14,122
Any public member of the board may be removed by the 14,124
governor MEMBER'S APPOINTING AUTHORITY for misconduct, 14,125
incompetency, or neglect of duty after first being given the 14,127
opportunity to be heard in his THE MEMBER'S own behalf. PURSUANT 14,129
TO SECTION 3.17 OF THE REVISED CODE, A MEMBER, EXCEPT A MEMBER OF 14,130
THE GENERAL ASSEMBLY OR A JUDGE OF ANY COURT IN THE STATE, WHO 14,131
FAILS TO ATTEND AT LEAST THREE-FIFTHS OF THE REGULAR AND SPECIAL 14,132
MEETINGS HELD BY THE BOARD DURING ANY TWO-YEAR PERIOD FORFEITS 14,133
THE MEMBER'S POSITION ON THE BOARD. 14,134
Each member of the board shall serve without compensation 14,136
but shall be reimbursed for all actual and necessary expenses 14,137
incurred by him in the performace PERFORMANCE of his official 14,139
duties. 14,140
The speaker of the house of representatives and the 14,142
president of the senate shall jointly appoint the board chairman 14,143
CHAIRPERSON from among the legislative members of the board. 14,145
Sec. 3109.16. The children's trust fund board, upon the 14,154
326
recommendation of the director of human services, shall approve 14,155
the employment of the staff that will administer the programs of 14,156
the board. The department of human services shall provide 14,157
budgetary, procurement, accounting, and other related management 14,158
functions for the board. An amount not to exceed three FIVE per 14,159
cent of the total amount of fees deposited in the children's 14,161
trust fund in each fiscal year may be used for costs directly 14,162
related to these administrative functions of the department. 14,163
With the approval of the board, an amount exceeding three per 14,164
cent, but not exceeding four per cent, of the total amount of 14,165
fees credited to the fund in each EACH fiscal year may be used, 14,166
THE BOARD SHALL APPROVE A BUDGET for costs directly related to 14,168
these administrative functions EXPENDITURES FOR THE NEXT FISCAL 14,169
YEAR.
The board shall meet at the call of the chairman 14,171
CHAIRPERSON to conduct its official business. All business 14,173
transactions of the board shall be conducted in public meetings. 14,174
The votes of at least seven board EIGHT members are OF THE BOARD 14,176
CONSTITUTE A QUORUM. A MAJORITY OF THE QUORUM IS required to 14,177
approve the state plan for the allocation of funds from the 14,178
children's trust fund.
The board may apply for and accept federal AND OTHER funds 14,180
for the purposes PURPOSE of sections 3109.13 to 3109.18 of the 14,181
Revised Code FUNDING CHILD ABUSE AND CHILD NEGLECT PREVENTION 14,182
PROGRAMS. In addition, the board may accept gifts and donations 14,184
from any source, including individuals, philanthropic foundations 14,187
or organizations, corporations, or corporation endowments. The
acceptance and use of federal funds shall not entail any 14,189
commitment or pledge of state funds, nor obligate the general 14,190
assembly to continue the programs or activities for which the 14,191
federal funds are made available. All funds received in the 14,192
manner described in this section shall be transmitted to the 14,193
treasurer of state, who shall credit them to the children's trust 14,194
fund created in section 3109.14 of the Revised Code. 14,195
327
Sec. 3109.17. (A) For each fiscal biennium beginning on 14,205
the first day of July of each odd-numbered year, the children's 14,206
trust fund board shall establish a biennial state plan for the 14,207
allocation of funds in the children's trust fund. The plan shall 14,209
ensure that equal opportunity exists for the establishment of 14,210
child abuse and child neglect prevention programs and the use of 14,211
moneys from the fund to provide assistance in all geographic 14,212
areas of this state and to provide assistance to members of all 14,213
social and economic groups of this state COMPREHENSIVE CHILD 14,214
ABUSE AND CHILD NEGLECT PREVENTION. The plan shall be 14,215
transmitted to the governor, the president AND MINORITY LEADER of 14,216
the senate, and the speaker AND MINORITY LEADER of the house of 14,218
representatives and shall be made available to the general 14,219
public.
(B) In developing and carrying out a THE STATE plan, the 14,221
children's trust fund board shall, in accordance with Chapter 14,223
119. of the Revised Code, do all of the following: 14,224
(1) ENSURE THAT AN OPPORTUNITY EXISTS FOR ASSISTANCE 14,227
THROUGH CHILD ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS TO 14,228
PERSONS THROUGHOUT THE STATE OF VARIOUS SOCIAL AND ECONOMIC 14,229
BACKGROUNDS;
(2) BEFORE THE THIRTIETH DAY OF OCTOBER OF EACH YEAR, 14,232
NOTIFY EACH CHILD ABUSE AND CHILD NEGLECT PREVENTION ADVISORY 14,233
BOARD OF THE AMOUNT ESTIMATED TO BE BLOCK GRANTED TO THAT 14,234
ADVISORY BOARD FOR THE FOLLOWING FISCAL YEAR. 14,235
(3) Develop and adopt the state plan for the allocation of 14,238
funds and develop criteria, including standards for cost and 14,239
program effectiveness, for county or district COMPREHENSIVE 14,240
allocation plans and for individual projects in counties or 14,241
districts that do not have a child abuse and child neglect 14,242
advisory board, INCLUDING CRITERIA FOR DETERMINING THE PLANS' 14,243
EFFECTIVENESS;
(2) Establish criteria, including standards for cost and 14,245
program effectiveness, for child abuse and child neglect 14,246
328
prevention programs; 14,247
(3) Make grants to public or private agencies or schools 14,249
for the purpose of child abuse and child neglect prevention 14,250
programs. The board may consider factors such as need, 14,251
geographic location, diversity, coordination with or improvement 14,252
of existing services, maintenance of local funding efforts, and 14,253
extensive use of volunteers. Children's trust fund moneys shall 14,254
be allocated among all counties according to a formula based on 14,255
the ratio of the number of children under the age of eighteen in 14,256
the county to the number of children under the age of eighteen in 14,257
the state, as shown in the most recent federal decennial census 14,258
of population; provided, that each county receiving trust fund 14,259
moneys shall receive a minimum of ten thousand dollars per 14,260
funding year. 14,261
(4) Approve each REVIEW county or district COMPREHENSIVE 14,264
allocation plan and individual project in whole or in part if it 14,265
is in compliance with the criteria established under this section 14,266
and under section 3109.18 of the Revised Code. If an allocation 14,267
plan or individual project is rejected in whole or in part, the 14,268
board shall: 14,269
(a) Cite specific reasons for rejection; 14,271
(b) When appropriate, offer recommendations and technical 14,273
assistance to bring the plan or project into compliance, holding 14,274
the funds until the plan or project is finally approved or 14,277
rejected.
(5) Notify each advisory board or individual applicant in 14,280
writing whether the allocation plan or individual project has 14,282
been approved in whole or in part not later than sixty days after 14,283
submission of the plan or project to the children's trust fund 14,284
board PLANS; 14,285
(6) Regularly review and monitor the expenditure of moneys 14,287
(5) MAKE A BLOCK GRANT TO EACH CHILD ABUSE AND CHILD 14,289
NEGLECT PREVENTION ADVISORY BOARD FOR THE PURPOSE OF FUNDING 14,290
CHILD ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS. THE BLOCK 14,291
329
GRANTS SHALL BE ALLOCATED AMONG ADVISORY BOARDS ACCORDING TO A 14,292
FORMULA BASED ON THE RATIO OF THE NUMBER OF CHILDREN UNDER AGE 14,293
EIGHTEEN IN THE COUNTY OR MULTICOUNTY DISTRICT TO THE NUMBER OF 14,294
CHILDREN UNDER AGE EIGHTEEN IN THE STATE, AS SHOWN IN THE MOST 14,295
RECENT FEDERAL DECENNIAL CENSUS OF POPULATION. SUBJECT TO THE 14,296
AVAILABILITY OF FUNDS, EACH ADVISORY BOARD SHALL RECEIVE A 14,297
MINIMUM OF TEN THOUSAND DOLLARS PER FISCAL YEAR. IN THE CASE OF 14,298
AN ADVISORY BOARD THAT SERVES A MULTICOUNTY DISTRICT, THE 14,299
ADVISORY BOARD SHALL RECEIVE, SUBJECT TO AVAILABLE FUNDS, A 14,300
MINIMUM OF TEN THOUSAND DOLLARS PER FISCAL YEAR FOR EACH COUNTY 14,301
IN THE DISTRICT. BLOCK GRANTS SHALL BE DISBURSED TO THE ADVISORY 14,302
BOARDS TWICE ANNUALLY. AT LEAST FIFTY PER CENT OF THE AMOUNT OF 14,303
THE BLOCK GRANT ALLOCATED TO AN ADVISORY BOARD FOR A FISCAL YEAR 14,304
SHALL BE DISBURSED TO THE ADVISORY BOARD NOT LATER THAN THE 14,305
THIRTIETH DAY OF SEPTEMBER. THE REMAINDER OF THE BLOCK GRANT 14,306
ALLOCATED TO THE ADVISORY BOARD FOR THAT FISCAL YEAR SHALL BE 14,307
DISBURSED BEFORE THE THIRTY-FIRST DAY OF MARCH. 14,308
IF THE CHILDREN'S TRUST FUND BOARD DETERMINES, BASED ON 14,310
COUNTY OR DISTRICT PERFORMANCE OR ON THE ANNUAL REPORT SUBMITTED 14,311
BY AN ADVISORY BOARD, THAT THE ADVISORY BOARD IS NOT OPERATING IN 14,312
ACCORDANCE WITH THE CRITERIA ESTABLISHED IN DIVISION (B)(3) OF 14,313
THIS SECTION, IT MAY REVISE THE ALLOCATION OF FUNDS THAT THE 14,314
ADVISORY BOARD RECEIVES.
(6) PROVIDE FOR THE MONITORING OF EXPENDITURES from the 14,318
children's trust fund AND OF PROGRAMS THAT RECEIVE MONEY FROM THE
CHILDREN'S TRUST FUND; 14,319
(7) Consult ESTABLISH REPORTING REQUIREMENTS FOR ADVISORY 14,322
BOARDS;
(8) COLLABORATE with appropriate state agencies to help 14,324
determine the probable effectiveness and fiscal soundness of and 14,325
need for proposed community-based child abuse and child neglect 14,326
prevention programs; 14,327
(8) Facilitate PERSONS AND GOVERNMENT ENTITIES AND 14,329
FACILITATE the exchange of information between groups concerned 14,331
330
with programs for children in this state AMONG THOSE PERSONS AND 14,332
ENTITIES FOR THE PURPOSE OF CHILD ABUSE AND CHILD NEGLECT
PREVENTION;
(9) Provide for statewide educational and THE EDUCATION OF 14,335
THE public informational conferences and workshops PROFESSIONALS 14,336
for the purpose of developing appropriate public awareness 14,338
regarding the problems of families and children, encouraging 14,339
professional persons and groups to recognize and deal with 14,340
problems of families and children, making information regarding 14,341
the problems of families and children and the prevention of these 14,342
problems available to the general public in order to encourage 14,343
citizens to become involved in the prevention of such problems, 14,344
and encouraging the development of community CHILD ABUSE AND 14,345
CHILD NEGLECT prevention programs; 14,346
(10) Establish a procedure for a written annual internal 14,348
evaluation of the functions, responsibilities, and performance of 14,349
the board. The evaluation shall be coordinated with the state 14,352
plan. The evaluation shall be transmitted to the governor, the 14,353
president of the senate, and the speaker of the house of 14,354
representatives and shall be made available to the general 14,356
public.
(C) THE CHILDREN'S TRUST FUND BOARD SHALL PREPARE A REPORT 14,358
FOR EACH FISCAL BIENNIUM THAT EVALUATES THE EXPENDITURE OF MONEY 14,359
FROM THE CHILDREN'S TRUST FUND. ON OR BEFORE JANUARY 1, 2002, 14,360
AND ON OR BEFORE THE FIRST DAY OF JANUARY OF A YEAR THAT FOLLOWS 14,362
THE END OF A FISCAL BIENNIUM OF THIS STATE, THE BOARD SHALL FILE 14,363
A COPY OF THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND 14,364
MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND MINORITY 14,365
LEADER OF THE HOUSE OF REPRESENTATIVES.
(D) IN ADDITION TO THE DUTIES DESCRIBED IN THIS SECTION 14,367
AND IN SECTION 3109.16 OF THE REVISED CODE, THE CHILDREN'S TRUST 14,369
FUND BOARD SHALL PERFORM THE DUTIES DESCRIBED IN SECTION 121.371 14,370
OF THE REVISED CODE WITH REGARD TO THE WELLNESS BLOCK GRANT 14,371
PROGRAM. 14,372
331
Sec. 3109.18. (A) Each (1) A board of county 14,381
commissioners in the following counties shall establish a child 14,382
abuse and child neglect advisory board: Cuyahoga, Franklin, 14,383
Hamilton, Lucas, Montgomery, and Summit. The boards of county 14,386
commissioners of the remaining counties may establish a child 14,387
abuse and child neglect PREVENTION advisory board or the MAY 14,388
DESIGNATE THE COUNTY FAMILY AND CHILDREN FIRST COUNCIL TO SERVE 14,390
AS THE CHILD ABUSE AND CHILD NEGLECT PREVENTION ADVISORY BOARD. 14,391
THE boards of county commissioners of two or more contiguous 14,392
counties may INSTEAD form a multicounty district to be served by 14,393
a multicounty child abuse and child neglect PREVENTION advisory 14,394
board OR MAY DESIGNATE A REGIONAL FAMILY AND CHILDREN FIRST 14,395
COUNCIL TO SERVE AS THE DISTRICT CHILD ABUSE AND CHILD NEGLECT 14,396
PREVENTION ADVISORY BOARD. EACH ADVISORY BOARD SHALL MEET AT 14,397
LEAST TWICE A YEAR.
Each 14,399
(2) THE COUNTY AUDITOR IS HEREBY DESIGNATED AS THE AUDITOR 14,401
AND FISCAL OFFICER OF THE ADVISORY BOARD. IN THE CASE OF A 14,402
MULTICOUNTY DISTRICT, THE BOARDS OF COUNTY COMMISSIONERS THAT 14,403
FORMED THE DISTRICT SHALL DESIGNATE THE AUDITOR OF ONE OF THE 14,404
COUNTIES AS THE AUDITOR AND FISCAL OFFICER OF THE ADVISORY BOARD. 14,405
(B) EACH COUNTY THAT ESTABLISHES AN ADVISORY BOARD OR, IN 14,407
A MULTICOUNTY DISTRICT, THE COUNTY THE AUDITOR OF WHICH HAS BEEN 14,408
DESIGNATED AS THE AUDITOR AND FISCAL AGENT OF THE ADVISORY BOARD, 14,410
SHALL ESTABLISH A FUND IN THE COUNTY TREASURY KNOWN AS THE COUNTY 14,411
OR DISTRICT CHILDREN'S TRUST FUND. THE ADVISORY BOARD SHALL 14,412
DEPOSIT ALL FUNDS RECEIVED FROM THE CHILDREN'S TRUST FUND BOARD 14,413
INTO THAT FUND, AND THE AUDITOR SHALL DISTRIBUTE MONEY FROM THE 14,414
FUND AT THE REQUEST OF THE ADVISORY BOARD. 14,415
(C) EACH JANUARY, THE BOARD OF COUNTY COMMISSIONERS OF A 14,417
COUNTY THAT HAS ESTABLISHED AN ADVISORY BOARD OR, IN A 14,418
MULTICOUNTY DISTRICT, THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY THE AUDITOR OF WHICH HAS BEEN DESIGNATED AS THE AUDITOR 14,419
AND FISCAL AGENT FOR THE ADVISORY BOARD, SHALL APPROPRIATE THE 14,420
332
AMOUNT DESCRIBED IN DIVISION (B)(2) OF SECTION 3109.17 OF THE 14,421
REVISED CODE FOR DISTRIBUTION BY THE ADVISORY BOARD TO CHILD 14,423
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS. 14,424
(D)(1) EXCEPT IN THE CASE OF A COUNTY OR REGIONAL FAMILY 14,427
AND CHILDREN FIRST COUNCIL THAT IS DESIGNATED TO SERVE AS A child 14,429
abuse and child neglect PREVENTION advisory board, EACH ADVISORY 14,430
BOARD shall consist of an odd number of members who represent 14,432
FROM both THE public and private child serving agencies SECTORS, 14,434
and INCLUDING ALL OF THE FOLLOWING: 14,435
(a) A REPRESENTATIVE OF AN AGENCY RESPONSIBLE FOR THE 14,437
ADMINISTRATION OF CHILDREN'S SERVICES IN THE COUNTY OR DISTRICT; 14,438
(b) A PROVIDER OF ALCOHOL OR DRUG ADDICTION SERVICES OR A 14,440
REPRESENTATIVE OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 14,441
HEALTH SERVICES THAT SERVES THE COUNTY OR DISTRICT; 14,443
(c) A PROVIDER OF MENTAL HEALTH SERVICES OR A 14,445
REPRESENTATIVE OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 14,446
HEALTH SERVICES THAT SERVES THE COUNTY OR DISTRICT; 14,447
(d) A REPRESENTATIVE OF A BOARD OF MENTAL RETARDATION AND 14,449
DEVELOPMENTAL DISABILITIES THAT SERVES THE COUNTY OR DISTRICT; 14,450
(e) A REPRESENTATIVE OF THE EDUCATIONAL COMMUNITY 14,452
APPOINTED BY THE SUPERINTENDENT OF THE SCHOOL DISTRICT WITH 14,453
LARGEST ENROLLMENT IN THE COUNTY OR MULTICOUNTY DISTRICT. 14,454
(2) THE FOLLOWING GROUPS AND ENTITIES MAY BE REPRESENTED 14,456
ON THE ADVISORY BOARD: 14,457
(a) PARENT GROUPS; 14,459
(b) JUVENILE JUSTICE OFFICIALS; 14,461
(c) PEDIATRICIANS, HEALTH DEPARTMENT NURSES, AND OTHER 14,463
REPRESENTATIVES OF THE MEDICAL COMMUNITY; 14,464
(d) SCHOOL PERSONNEL; 14,466
(e) COUNSELORS; 14,468
(f) HEAD START AGENCIES; 14,470
(g) CHILD DAY-CARE PROVIDERS; 14,472
(h) OTHER persons with demonstrated knowledge in programs 14,476
for children, such as persons from the educational community, 14,477
333
parent groups, juvenile justice, and the medical community. 14,478
(3) Of the members first appointed, at least one shall 14,481
serve for a term of three years, at least one for a term of two 14,482
years, and at least one for a term of one year. Thereafter, each 14,483
member shall serve a term of three years. Each member shall
serve until his THE MEMBER'S successor is appointed. All 14,484
vacancies on the board shall be filled for the balance of the 14,486
unexpired term in the same manner as the original appointment. 14,487
Each board shall meet at least quarterly. 14,488
(E) Each board of county commissioners may incur 14,490
reasonable costs not to exceed three per cent of the funding 14,491
BLOCK GRANT allocated to the county or district under section 14,493
3109.17 of the Revised Code, for the purpose of carrying out the 14,494
functions of the advisory board. 14,495
(B) Annually, each (F) EACH child abuse and child neglect 14,498
PREVENTION advisory board shall DO ALL OF THE FOLLOWING:
(1) Give effective public notice to all DEVELOP A 14,500
COMPREHENSIVE ALLOCATION PLAN FOR THE PURPOSE OF PREVENTING CHILD 14,501
ABUSE AND CHILD NEGLECT AND SUBMIT THE PLAN TO THE CHILDREN'S 14,503
TRUST FUND BOARD;
(2) NOTIFY potential applicants about the availability of 14,506
funds from the children's trust fund. The notification shall 14,507
include an estimate of the amount of money available for grants 14,508
within each county or district, the date of at least one public 14,509
hearing, the deadline for submitting applications for grants, and 14,510
information on obtaining a copy of the application form; 14,511
(2)(3) Review all applications received using criteria 14,513
established by the children's trust fund board under section 14,514
3109.17 of the Revised Code and any criteria developed by the 14,515
child abuse and child neglect PREVENTION advisory board, and 14,516
develop an allocation plan for the county or district; 14,517
(3) Submit the allocation plan to the children's trust 14,519
fund board, with evidence of compliance with this section and 14,520
with section 3109.17 of the Revised Code; 14,521
334
(4) Upon notification by the children's trust fund board 14,523
that the allocation plan is in compliance with the criteria 14,524
established by the boards, monitor the operation of the 14,525
allocation plan; CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO 14,526
DIVISION (F)(1) OF THIS SECTION, MAKE GRANTS TO CHILD ABUSE AND 14,527
CHILD NEGLECT PREVENTION PROGRAMS. IN MAKING GRANTS TO CHILD 14,529
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS, THE ADVISORY BOARD 14,530
MAY CONSIDER FACTORS SUCH AS NEED, GEOGRAPHIC LOCATION, 14,531
DIVERSITY, COORDINATION WITH OR IMPROVEMENT OF EXISTING SERVICES, 14,532
MAINTENANCE OF LOCAL FUNDING EFFORTS, AND EXTENSIVE USE OF 14,533
VOLUNTEERS.
(5) Establish procedures for evaluating programs in the 14,535
county or district, including reporting requirements for grant 14,536
recipients. 14,537
Applicants from counties that are not served by a child 14,539
abuse and child neglect (G) EACH advisory board shall apply for 14,541
funding to ASSIST THE CHILDREN'S TRUST FUND BOARD IN MONITORING 14,543
PROGRAMS THAT RECEIVE MONEY FROM THE CHILDREN'S TRUST FUND AND 14,544
SHALL PERFORM SUCH OTHER DUTIES FOR THE LOCAL ADMINISTRATION OF 14,545
THE CHILDREN'S TRUST FUND AS the children's trust fund board 14,547
REQUIRES.
(C)(H) A recipient of a grant from the children's trust 14,549
fund shall use the grant funds only to fund child abuse and child 14,550
neglect prevention programs. A recipient of a grant may use the 14,551
grant funds only for the expansion of existing programs or the 14,552
creation of new programs. ANY 14,553
Any grant funds that are not spent by the counties or the 14,555
recipient of the funds within the time specified by the terms of 14,556
the grant shall be returned to the COUNTY TREASURER. ANY GRANT 14,558
FUNDS RETURNED THAT ARE NOT REDISTRIBUTED BY THE ADVISORY BOARD 14,559
WITHIN THE TIME SPECIFIED BY THE TERMS OF THE ORIGINAL GRANT 14,560
SHALL BE RETURNED TO THE treasurer of state. The treasurer of 14,562
state shall deposit such unspent moneys into the children's trust 14,563
fund to be spent for purposes consistent with the state plan 14,564
335
adopted under section 3109.17 of the Revised Code.
(D)(I) Applications for grants from the children's trust 14,566
fund shall be MADE TO THE ADVISORY BOARD on forms prescribed by 14,567
the department of human services and, after any review required 14,569
by division (B) of this section, shall be submitted to the 14,570
children's trust fund board by the date required in the schedule 14,571
established by rules adopted by the board. Each application 14,572
shall include at least the following:
(1) Information showing that the applicant meets the 14,574
eligibility requirements of section 3109.17 of the Revised Code; 14,575
(2) If the applicant is a corporation, a list of the 14,577
trustees of the corporation; 14,578
(3) A specification of the amount of money requested; 14,580
(4) A summary of the program that the applicant intends to 14,582
provide with funds from the grant; 14,583
(5) Any other information required by rules adopted by the 14,585
children's trust fund board. 14,586
(J)(1) Each recipient of a CHILDREN'S TRUST FUND grant 14,588
from the children's trust fund AN ADVISORY BOARD shall file two 14,590
copies WITH THE ADVISORY BOARD A COPY of an annual report with 14,591
the county or district THAT INCLUDES THE INFORMATION REQUIRED BY 14,592
THE advisory board. If no such 14,593
(2) EACH ADVISORY board serves the recipient's county of 14,596
residence, the recipient shall file two copies of an annual 14,597
report with the children's trust fund board. The A COPY OF AN 14,598
annual report shall describe the program provided by the 14,599
recipient, indicate the manner in which the grant funds were 14,600
expended, include the results of an independent audit of the 14,601
funds, and include other REGARDING THE COUNTY OR DISTRICT 14,602
COMPREHENSIVE ALLOCATION PLAN THAT CONTAINS THE information that 14,604
REQUIRED BY the granting CHILDREN'S TRUST FUND board or the 14,605
department may require. If a public agency is a recipient of a 14,606
grant, the results of the most recent audit of the funds 14,607
conducted under Chapter 117. of the Revised Code shall be 14,608
336
considered to be the results of the independent audit of the 14,609
funds that must be included in the annual report. The granting 14,610
boards shall annually file one copy of each annual report with 14,611
the department, which shall compile the reports received pursuant 14,612
to this section. 14,613
Sec. 3301.68. There is hereby created the legislative 14,622
committee on education oversight AS A SUBCOMMITTEE OF THE 14,623
LEGISLATIVE SERVICE COMMISSION. The committee shall consist of 14,624
five members of the house of representatives appointed by the 14,625
speaker of the house of representatives and five members of the 14,626
senate appointed by the president of the senate. Not more than 14,627
three of the members appointed from each house shall be members 14,628
of the same political party. Members shall serve during the term 14,629
of office to which they were elected. 14,630
The committee, SUBJECT TO THE OVERSIGHT AND DIRECTION OF 14,632
THE LEGISLATIVE SERVICE COMMISSION, shall direct the work of the 14,633
legislative office of education oversight, which is hereby 14,635
established. The committee may employ a staff director and such 14,636
other staff as are necessary for the operation of the office, who 14,637
shall be in the unclassified service of the state, and may 14,638
contract for the services of whatever technical advisors are 14,639
necessary for the committee and the office to carry out their 14,640
duties.
The chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON 14,643
of the legislative service commission shall fix the compensation 14,644
of the director. The director, with the approval of the director 14,645
of the legislative service commission, shall fix the compensation 14,646
of other staff of the office in accordance with a salary schedule 14,647
established by the director of the legislative service 14,648
commission. Contracts for the services of necessary technical 14,649
advisors shall be approved by the director of the legislative 14,650
service commission.
All expenses incurred by the committee or office shall be 14,652
paid upon vouchers approved by the chairman CHAIRPERSON of the 14,653
337
committee. The committee shall adopt rules for the conduct of 14,654
its business and the election of officers, except that the 14,655
chairmanship OFFICE OF CHAIRPERSON of the committee shall 14,656
alternate each general assembly between a member of the house of 14,657
representatives selected by the speaker and a member of the 14,658
senate selected by the president.
The committee shall select, for the office to review and 14,660
evaluate, education and school-related programs that receive 14,661
state financial assistance in any form. The reviews and 14,662
evaluations may include any of the following: 14,663
(A) Assessment of the uses school districts and 14,665
institutions of higher education make of state money they receive 14,666
and determination of the extent to which such money improves 14,667
school district or institutional performance in the areas for 14,668
which the money was intended to be used; 14,669
(B) Determination of whether an education program meets 14,671
its intended goals, has adequate operating or administrative 14,672
procedures and fiscal controls, encompasses only authorized 14,673
activities, has any undesirable or unintended effects, and is 14,674
efficiently managed; 14,675
(C) Examination of various pilot programs developed and 14,677
initiated in school districts and at state-assisted colleges and 14,678
universities to determine whether such programs suggest 14,679
innovative, effective ways to deal with problems that may exist 14,680
in other school districts or state-assisted colleges or 14,681
universities, and to assess the fiscal costs and likely impact of 14,682
adopting such programs throughout the state or in other 14,683
state-assisted colleges and universities. 14,684
The committee shall report the results of each program 14,686
review the office conducts to the general assembly. 14,687
Sec. 3353.06. (A) THE AFFILIATES SERVICES FUND IS HEREBY 14,697
CREATED IN THE STATE TREASURY. THE OHIO EDUCATIONAL 14,698
TELECOMMUNICATIONS NETWORK COMMISSION SHALL DEPOSIT ANY MONEY IT 14,699
RECEIVES TO THE CREDIT OF THE FUND, INCLUDING: 14,700
338
(1) REIMBURSEMENTS FOR SERVICES PROVIDED TO STATIONS; 14,702
(2) CHARGES LEVIED FOR MAINTENANCE OF TELECOMMUNICATIONS, 14,704
BROADCASTING, OR TRANSMISSION EQUIPMENT; 14,705
(3) CONTRACT OR GRANT PAYMENTS. 14,707
(B) THE COMMISSION SHALL USE MONEY CREDITED TO THE 14,709
AFFILIATES SERVICES FUND FOR ANY COMMISSION OPERATING PURPOSES, 14,710
INCLUDING:
(1) THE PURCHASE, REPAIR, OR MAINTENANCE OF 14,712
TELECOMMUNICATIONS, BROADCASTING, OR TRANSMISSION EQUIPMENT; 14,713
(2) THE PURCHASE OR LEASE OF EDUCATIONAL PROGRAMMING; 14,715
(3) THE PURCHASE OF TAPE AND MAINTENANCE OF A MEDIA 14,717
LIBRARY;
(4) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES; 14,719
(5) ADMINISTRATIVE EXPENSES AND LEGAL FEES. 14,721
Sec. 3353.07. THE OHIO EDUCATIONAL TELECOMMUNICATIONS 14,723
NETWORK COMMISSION SHALL NOT CHARGE OR COLLECT BROADCASTING FEES 14,724
FROM OHIO GOVERNMENT TELECOMMUNICATIONS OF THE CAPITOL SQUARE 14,725
REVIEW AND ADVISORY BOARD. 14,726
Sec. 3375.90. Public libraries in two or more counties, or 14,735
four or more libraries, including two or more types, within a 14,737
metropolitan area, as defined by the state library board, may 14,738
form a regional library system by agreement in the manner set 14,740
forth in this section.
(A) The libraries authorized to form a regional library 14,743
system may include any of the following types of libraries: 14,745
academic, public, special, and school, including cooperative 14,746
ventures established by two or more school districts. For the 14,747
purposes of this section, such THOSE libraries may be serving the 14,748
general public, public or private schools, colleges or 14,749
universities, or a profession, occupation, or business. 14,750
An agreement for the formation of a regional library system 14,753
shall first be approved by the governing bodies of the 14,754
participating libraries. For the purposes of this section, the 14,755
"governing body of a library" means the board of trustees of a 14,757
339
public library, or the board of education of a public school or 14,758
school system if the library is a public school library, or 14,759
otherwise the board of trustees or directors or other recognized 14,760
governing board or committee of any private school, college, 14,761
university, association, or union, public or private, which 14,763
provides, controls, or maintains a library which THAT is intended 14,765
to be a participating library.
(B) Except as otherwise provided in division (D) of this 14,768
section, the agreement and an application for the formation of
the regional library system shall be submitted to the state 14,770
library board in the form and in accordance with rules prescribed 14,771
by the state library board, with a plan of service describing the 14,772
specific purposes for which the system is formed and the means by 14,773
which such THOSE purposes are to be accomplished.
(C) Upon approval of the application by the state library 14,775
board and the making by that board or some other authority or 14,776
authorities of a grant or grants for the system, the regional 14,777
library system shall become operable. The state library board 14,778
shall approve no more than eleven SEVEN regional library systems. 14,779
A regional library system shall be governed by a board of 14,782
trustees consisting of at least seven and no more than fifteen 14,783
persons, to be selected from among the representatives of the 14,784
participating libraries, duly appointed as such representatives 14,785
by the governing bodies of the participating libraries. 14,786
The number of trustees, the manner of selection, the terms 14,788
of office, and the provisions for filling vacancies shall be 14,790
determined by the agreement between the governing bodies of the 14,791
participating libraries, and shall be set forth in the 14,793
application submitted to the state library board. Nothing
pertaining to the organization and operation of a regional 14,794
library system shall be construed to infringe upon the autonomy 14,796
of any participating library or of the governing body of any 14,797
library.
(D) No area library service organization or metropolitan 14,799
340
library system in existence on the effective date of this 14,800
amendment MARCH 30, 1999, shall be required to submit a new 14,802
agreement and application to the state library board in order to 14,803
continue operation as a regional library system on and after that
date. Any agreement that applied under this section immediately 14,804
prior to the effective date of this amendment MARCH 30, 1999, to 14,806
an area library service organization or metropolitan library 14,807
system that continues operation as a regional library system 14,808
under this division shall continue to govern the applicable
regional library system to the extent authorized by sections 14,809
3375.90 to 3375.93 of the Revised Code. 14,810
Sec. 3383.08. There is hereby created in the state 14,819
treasury the capital donations fund, which shall be administered 14,820
by the Ohio arts and sports facilities commission. The fund 14,821
shall consist of gifts, grants, devises, bequests, and other 14,822
financial contributions made to the commission for the
construction or improvement of arts and sports facilities and 14,823
shall be used in accordance with the specific purposes for which 14,825
the gifts, grants, devises, bequests, or other financial 14,826
contributions are made. All investment earnings of the fund 14,827
shall be credited to the fund. Chapters 123., 125., 127., and 14,828
153. and section 3517.13 of the Revised Code do not apply to 14,829
contracts paid from the fund, notwithstanding anything to the 14,830
contrary in those chapters or that section. 14,831
Not later than the tenth day of each ONE month FOLLOWING 14,833
THE END OF EACH QUARTER OF THE FISCAL YEAR, the commission shall 14,834
allocate the amounts credited to the fund FROM INVESTMENT 14,835
EARNINGS during the THAT preceding month QUARTER OF THE FISCAL 14,836
YEAR among the specific projects for which they are to be used 14,838
and shall certify this information to the director of budget and 14,840
management. Investment earnings of the fund shall be allocated 14,842
in the same manner as the gifts, grants, devises, bequests, and
other financial contributions to which they are attributable. 14,844
If the amounts credited to the fund for a particular 14,847
341
project exceed what is required to complete that project, the
commission may refund any such OF THOSE excess amounts, including 14,849
unexpended investment earnings attributable to those amounts, to 14,851
the entity from which they were received. 14,852
Sec. 3501.18. (A) The board of elections may divide a 14,861
political subdivision, within its jurisdiction, into precincts 14,862
and establish, define, divide, rearrange, and combine the several 14,863
election precincts within its jurisdiction and change the 14,864
location of the polling place for each precinct when it is 14,865
necessary to maintain the requirements as to the number of voters 14,866
in a precinct and to provide for the convenience of the voters 14,867
and the proper conduct of elections, provided that no change in 14,868
the number of precincts or in the PRECINCT boundaries thereof 14,870
shall be made during the twenty-five days immediately preceding a 14,871
primary or general election nor between the first day of January 14,872
and the day on which the members of county central committees are 14,873
elected in the years in which such THOSE committees are elected. 14,874
Each EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C) OF THIS 14,875
SECTION, EACH precinct shall contain a number of electors, not to 14,877
exceed one thousand, that the board of elections determines to be 14,878
a reasonable number after taking into consideration the type and 14,879
amount of available equipment, prior voter turnout, the size and 14,880
location of each selected polling place, available parking,
availability of an adequate number of poll workers, and handicap 14,881
accessibility and other accessibility to the polling place. 14,882
If the board changes the boundaries of a precinct after the 14,884
filing of a local option election petition pursuant to sections 14,885
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that 14,887
calls for a local option election to be held in that precinct, 14,888
the local option election shall be held in the area that
constituted the precinct at the time the local option petition 14,889
was filed, regardless of the change in the boundaries. 14,890
IF THE BOARD CHANGES THE BOUNDARIES OF A PRECINCT IN ORDER 14,892
TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS SECTION IN A 14,893
342
MANNER THAT CAUSES A MEMBER OF A COUNTY CENTRAL COMMITTEE TO NO 14,894
LONGER QUALIFY AS A REPRESENTATIVE OF AN ELECTION PRECINCT IN THE 14,895
COUNTY, OF A WARD OF A CITY IN THE COUNTY, OR OF A TOWNSHIP IN 14,896
THE COUNTY, THE MEMBER SHALL CONTINUE TO REPRESENT THE PRECINCT, 14,897
WARD, OR TOWNSHIP FOR THE REMAINDER OF THE MEMBER'S TERM, 14,898
REGARDLESS OF THE CHANGE IN BOUNDARIES.
In an emergency, the board may provide more than one 14,900
polling place in a precinct. In order to provide for the 14,901
convenience of the voters, the board may locate polling places 14,902
for voting or registration outside the boundaries of precincts, 14,903
provided that the nearest public school or public building shall 14,904
be used if the board determines it to be available and suitable 14,905
for use as a polling place. Except in an emergency, no change in 14,906
the number or location of the polling places in a precinct shall 14,907
be made during the twenty-five days immediately preceding a 14,908
primary or general election. 14,909
Electors who have failed to respond within thirty days to 14,912
any confirmation notice shall not be counted in determining the 14,914
size of any precinct under this section.
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OR 14,917
(3) OF THIS SECTION, NOT LATER THAN AUGUST 1, 2000, THE BOARD OF
ELECTIONS SHALL DETERMINE ALL PRECINCT BOUNDARIES USING 14,919
GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 14,920
COMMERCE, BUREAU OF THE CENSUS, IN REPORTING THE DECENNIAL CENSUS 14,921
OF OHIO.
(2) WHEN ANY PART OF THE BOUNDARY OF A PRECINCT ALSO FORMS 14,923
A PART OF THE BOUNDARY OF A LEGISLATIVE DISTRICT AND THE PRECINCT 14,924
BOUNDARY CANNOT BE DETERMINED BY AUGUST 1, 2000, USING THE 14,925
GEOGRAPHICAL UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION 14,926
WITHOUT MAKING THAT PART OF THE PRECINCT BOUNDARY THAT ALSO FORMS 14,927
PART OF THE LEGISLATIVE DISTRICT BOUNDARY DIFFERENT FROM THAT 14,928
LEGISLATIVE DISTRICT BOUNDARY, THE BOARD OF ELECTIONS MAY 14,929
DETERMINE THE BOUNDARY OF THAT PRECINCT USING THE GEOGRAPHICAL 14,930
UNITS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION NOT LATER THAN 14,931
343
APRIL 1, 2002. AS USED IN THIS DIVISION, "LEGISLATIVE DISTRICT" 14,932
MEANS A DISTRICT DETERMINED UNDER ARTICLE XI OF THE OHIO 14,934
CONSTITUTION.
(3) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 14,936
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (B)(1) OF 14,938
THIS SECTION WHEN IT IS NOT FEASIBLE TO COMPLY WITH THAT 14,939
REQUIREMENT BECAUSE OF UNUSUAL PHYSICAL BOUNDARIES OR RESIDENTIAL 14,941
DEVELOPMENT PRACTICES THAT WOULD CAUSE UNUSUAL HARDSHIP FOR
VOTERS. THE BOARD SHALL IDENTIFY THE AFFECTED PRECINCTS AND 14,943
CENSUS UNITS, EXPLAIN THE REASON FOR THE WAIVER REQUEST, AND
INCLUDE A MAP ILLUSTRATING WHERE THE CENSUS UNITS WILL BE SPLIT 14,944
BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY OF STATE 14,945
APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF ELECTIONS IN 14,946
WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS NECESSARY 14,947
UNDER THIS SECTION, NOTWITHSTANDING THE REQUIREMENT IN DIVISION 14,948
(B)(1) OF THIS SECTION.
(C) THE BOARD OF ELECTIONS MAY APPLY TO THE SECRETARY OF 14,950
STATE FOR A WAIVER FROM THE REQUIREMENT OF DIVISION (A) OF THIS 14,952
SECTION REGARDING THE NUMBER OF ELECTORS IN A PRECINCT WHEN THE 14,953
USE OF GEOGRAPHICAL UNITS USED BY THE UNITED STATES DEPARTMENT OF 14,954
COMMERCE, BUREAU OF THE CENSUS, WILL CAUSE A PRECINCT TO CONTAIN 14,955
MORE THAN ONE THOUSAND ELECTORS. THE BOARD SHALL IDENTIFY THE 14,956
AFFECTED PRECINCTS AND CENSUS UNITS, EXPLAIN THE REASON FOR THE 14,957
WAIVER REQUEST, AND INCLUDE A MAP ILLUSTRATING WHERE CENSUS UNITS 14,958
WILL BE SPLIT BECAUSE OF THE REQUESTED WAIVER. IF THE SECRETARY 14,959
OF STATE APPROVES THE WAIVER AND SO NOTIFIES THE BOARD OF
ELECTIONS IN WRITING, THE BOARD MAY CHANGE A PRECINCT BOUNDARY AS 14,960
NECESSARY TO MEET THE REQUIREMENTS OF DIVISION (B)(1) OF THIS 14,961
SECTION.
Sec. 3501.21. When the board of elections considers it 14,971
necessary to change, divide, or combine any precinct, or to 14,972
relocate a polling place, it shall NOTIFY, prior to the next 14,973
election, notify each of the registrants in the precinct of such 14,974
THE change by mail. ON AND AFTER AUGUST 1, 2000, WHEN THE BOARD 14,975
344
CHANGES THE BOUNDARIES OF ANY PRECINCT, IT SHALL NOTIFY THE 14,977
SECRETARY OF STATE OF THE CHANGE NOT LATER THAN FORTY-FIVE DAYS 14,978
AFTER MAKING THE CHANGE.
Sec. 3517.152. (A)(1) There is hereby created the Ohio 14,988
elections commission consisting of seven members.
Not later than forty-five days after the effective date of 14,990
this section AUGUST 24, 1995, the speaker of the house of 14,993
representatives and the leader in the senate of the political 14,994
party of which the speaker is a member shall jointly submit to
the governor a list of five persons who are affiliated with that 14,995
political party. Not later than forty-five days after the 14,996
effective date of this section AUGUST 24, 1995, the two 14,998
legislative leaders in the two houses of the general assembly of
the major political party of which the speaker is not a member 14,999
shall jointly submit to the governor a list of five persons who 15,000
are affiliated with the major political party of which the 15,002
speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons 15,003
from each list to the commission. The governor shall appoint one 15,005
person from each list to a term that ends on December 31, 1996, 15,007
one person from each list to a term that ends on December 31, 15,008
1997, and one person from each list to a term that ends on 15,009
December 31, 1998.
Not later than thirty days after the governor appoints 15,011
these six members, they shall, by a majority vote, appoint to the 15,013
commission a seventh member, who shall not be affiliated with a 15,014
political party. If the six members fail to appoint the seventh 15,015
member within this thirty-day period, the chief justice of the 15,016
supreme court, not later than thirty days after the end of the
period during which the six members were required to appoint a 15,017
member, shall appoint the seventh member, who shall not be 15,018
affiliated with a political party. The seventh member shall be 15,019
appointed to a term that ends on December 31, 2001. Terms of the 15,020
initial members appointed under division (A)(1) of this section 15,021
345
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 15,023
member, who is not affiliated with a political party, the six 15,024
remaining members by a majority vote shall appoint, not later 15,025
than fifteen days after the date of the vacancy, the seventh 15,026
member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh 15,027
member within this fifteen-day period, the chief justice of the 15,028
supreme court, within fifteen days after the end of this period, 15,029
shall appoint the seventh member, who shall not be affiliated 15,030
with a political party. If a vacancy occurs in any of the other 15,031
six positions on the commission, the legislative leaders of the 15,032
political party from whose list of persons the member being
replaced was appointed shall submit to the governor, not later 15,033
than thirty days after the date of the vacancy, a list of three 15,034
persons who are affiliated with that political party. Not later 15,035
than fifteen days after receiving the list, the governor, WITH 15,036
THE ADVICE AND CONSENT OF THE SENATE, shall appoint one person 15,037
from the list to the commission.
(3) At no time shall more than six members of the 15,039
commission be affiliated with a political party and, of these six 15,040
members, not more than three shall be affiliated with the same 15,041
political party. 15,042
(4) In making appointments to the commission, the governor 15,045
shall take into consideration the various geographic areas of 15,046
this state and shall appoint members so that those areas are 15,047
represented on the commission in a balanced manner, to the extent 15,048
feasible.
(5) Members of the commission shall be registered electors 15,051
and shall be of good moral character. 15,052
(B) Each member of the commission shall hold office from 15,055
the date of the member's appointment until the end of the term 15,056
for which the member was appointed. A member appointed to fill a 15,057
vacancy occurring prior to the expiration of the term for which 15,058
346
the member's predecessor was appointed shall hold office for the 15,059
remainder of that term. A member shall continue in office 15,060
subsequent to the expiration date of the member's term until the 15,061
member's successor takes office or until a period of sixty days 15,063
has elapsed, whichever occurs first. After the initial terms of 15,064
office provided for in division (A)(1) of this section, terms of 15,065
office shall be for five years. 15,066
(C) A vacancy in the Ohio elections commission may be 15,069
caused by death, resignation, or three absences from commission 15,070
meetings in a calendar year if those absences are caused by 15,071
reasons declared invalid by a vote of five members of the 15,072
remaining members of the commission.
(D) Each member of the commission while in the performance 15,075
of the business of the commission shall be entitled to receive 15,076
compensation at the rate of twenty-five thousand dollars per 15,077
year. Members shall be reimbursed for expenses actually and 15,078
necessarily incurred in the performance of their duties. 15,079
(E) No member of the commission shall serve more than one 15,082
full term unless the terms served are served nonconsecutively. 15,083
(F)(1) No member of the commission shall do or be any of 15,086
the following:
(a) Hold, or be a candidate for, a public office; 15,089
(b) Serve on a committee supporting or opposing a 15,092
candidate or ballot question or issue;
(c) Be an officer of the state central committee, A COUNTY 15,095
CENTRAL COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, or OTHER 15,096
COMMITTEE OF A POLITICAL PARTY OR AN OFFICER of the executive 15,097
committee of the state central committee, A COUNTY CENTRAL 15,098
COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, OR OTHER COMMITTEE of a 15,099
political party;
(d) Be a legislative agent as defined in section 101.70 of 15,102
the Revised Code or an executive agency lobbyist as defined in 15,103
section 121.60 of the Revised Code; 15,104
(e) Solicit or be involved in soliciting contributions on 15,107
347
behalf of a candidate, campaign committee, political party, 15,108
political action committee, or political contributing entity; 15,109
(f) Be in the unclassified service under section 124.11 of 15,112
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 15,115
to (15) of section 4117.01 of the Revised Code. 15,116
(2) No member or employee of the commission shall make a 15,119
contribution to, or for the benefit of, a campaign committee or 15,120
committee in support of or opposition to a ballot question or 15,121
issue, a political party, a legislative campaign fund, a 15,122
political action committee, or a political contributing entity. 15,123
(G)(1) The members of the commission shall elect a 15,125
chairperson and a vice-chairperson. At no time shall the 15,127
chairperson and vice-chairperson be affiliated with the same 15,129
political party. The chairperson shall serve in that capacity 15,130
for one year and shall not serve as chairperson more than twice 15,132
during a term as a member of the commission. No two successive 15,133
chairpersons shall be affiliated with the same political party. 15,134
(2) The commission shall meet at the call of the 15,136
chairperson or upon the written request of a majority of the 15,137
members. The meetings and hearings of the commission or a panel 15,138
of the commission under sections 3517.153 to 3517.157 of the 15,139
Revised Code are subject to section 121.22 of the Revised Code. 15,140
(3) The commission shall adopt rules for its procedures in 15,143
accordance with Chapter 119. of the Revised Code. Five of the 15,144
seven members constitute a quorum. Except as otherwise provided 15,145
in this section and in sections 3517.154 to 3517.157 of the 15,146
Revised Code, no action shall be taken without the concurrence of 15,147
a majority of the members. 15,148
(H)(1) The commission shall employ the technical, 15,151
professional, and clerical employees that are necessary for it to 15,152
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 15,155
the commission shall employ a full-time attorney, and, as needed, 15,157
348
one or more investigatory attorneys to conduct investigations for 15,159
the commission or a panel of the commission. The commission may 15,160
employ or contract for the services of additional attorneys, as 15,161
needed. The full-time attorney shall do all of the following: 15,162
(i) Serve as the commission's attorney in regard to all 15,165
legal matters, including representing the commission at appeals 15,166
from a final determination of the commission, except that the 15,167
full-time attorney shall not perform the duties that an 15,168
investigatory attorney is required or requested to perform or 15,169
that another attorney the commission employs or contracts with 15,170
for services is required or requested to perform, and shall not 15,171
represent the commission in any legal proceeding in which the 15,172
commission is a named party;
(ii) At the request of the commission or a panel of the 15,175
commission, be present at a hearing held under sections 3517.154 15,176
to 3517.156 of the Revised Code to rule on the admissibility of 15,177
evidence and to advise on the conduct of procedure; 15,178
(iii) Perform other duties as required by rule of the 15,181
commission.
(b) An attorney employed by or under contract with the 15,184
commission shall be licensed to practice law in this state. 15,185
(3)(a) Except as otherwise provided in division (H)(3)(b) 15,188
of this section, at least five members of the commission shall 15,189
agree on the employment of a person, a majority of the members 15,190
shall agree on the discharge of an employee, and a person 15,191
employed by the commission shall serve at the pleasure of the 15,192
commission.
(b) At least five of the seven members shall agree on the 15,194
discharge of an investigatory attorney. 15,196
Sec. 3701.04. (A) The director of health shall: 15,205
(1) Require such reports and make such inspections and 15,207
investigations as the director considers necessary; 15,208
(2) Provide such methods of administration, appoint such 15,210
personnel, make such reports, and take such other action as may 15,211
349
be necessary to comply with the requirements of the federal act 15,212
and the regulations thereunder; 15,213
(3) Procure by contract the temporary or intermittent 15,215
services of experts or consultants or organizations thereof when 15,216
such services are to be performed on a part-time or 15,217
fee-for-service basis and do not involve the performance of 15,218
administrative duties; 15,219
(4) Enter into agreements for the utilization of the 15,221
facilities and services of other departments, agencies, and 15,222
institutions, public or private; 15,223
(5) Accept on behalf of the state, and deposit in the 15,225
state treasury to the credit of the general operations fund 15,226
created in section 3701.83 of the Revised Code, any grant, gift, 15,227
or contribution made to assist in meeting the cost of carrying 15,228
out the director's responsibilities and expend the grant, gift, 15,229
or contribution for such purpose. Fees collected by the director 15,230
in connection with meetings and conferences shall also be 15,231
credited to the fund and expended for the purposes for which 15,232
paid.
(6) Make an annual report to the governor on activities 15,234
and expenditures, including recommendations for such additional 15,235
legislation as the director considers appropriate to furnish 15,236
adequate hospital, clinic, and similar facilities to the people 15,237
of this state.
(B) The director of health may enter into agreements to 15,240
sell services offered by the department to other departments,
agencies, and institutions of the state. Fees collected by the 15,241
director for the sale of services under this division shall be 15,242
deposited into the state treasury to the credit of the general 15,243
operations fund created in section 3701.83 of the Revised Code. 15,244
(C) If authorized by federal statute or regulation, the 15,247
director of health may establish and collect fees for conducting 15,248
the initial certification of any person or entity as a provider
of health services for purposes of the medicare program 15,249
350
established under Title XVIII of the "Social Security Act," 49 15,250
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The fee 15,251
established for conducting an initial medicare certification 15,252
shall not exceed the actual and necessary costs incurred by the
department of health in conducting the certification. 15,253
All fees collected under this division shall be deposited 15,255
into the state treasury to the credit of the medicare initial 15,256
certification fund, which is hereby created. Money credited to 15,257
the fund shall be used solely to pay the costs of conducting 15,258
initial medicare certifications.
Sec. 3701.043. IF AUTHORIZED BY FEDERAL STATUTE OR 15,260
REGULATION, THE DIRECTOR OF HEALTH MAY ESTABLISH AND COLLECT FEES 15,261
FOR CONDUCTING THE INITIAL CERTIFICATION OF ANY PERSON OR ENTITY 15,262
AS A PROVIDER OF HEALTH SERVICES FOR PURPOSES OF THE MEDICARE 15,263
PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY 15,265
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. THE FEE 15,266
ESTABLISHED FOR CONDUCTING AN INITIAL MEDICARE CERTIFICATION 15,267
SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS INCURRED BY THE
DEPARTMENT OF HEALTH IN CONDUCTING THE CERTIFICATION. 15,268
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED 15,270
INTO THE STATE TREASURY TO THE CREDIT OF THE MEDICARE INITIAL 15,271
CERTIFICATION FUND, WHICH IS HEREBY CREATED. MONEY CREDITED TO 15,272
THE FUND SHALL BE USED SOLELY TO PAY THE COSTS OF CONDUCTING 15,273
INITIAL MEDICARE CERTIFICATIONS.
Sec. 3701.044. WHEN THE DIRECTOR OF HEALTH OR DEPARTMENT 15,275
OF HEALTH IS REQUIRED OR AUTHORIZED TO CONDUCT OR ADMINISTER AN 15,276
EXAMINATION OR EVALUATION OF INDIVIDUALS FOR THE PURPOSE OF 15,277
DETERMINING COMPETENCY OR FOR THE PURPOSE OF ISSUING A LICENSE, 15,278
CERTIFICATE, REGISTRATION, OR OTHER AUTHORITY TO PRACTICE OR 15,279
PERFORM DUTIES, THE DIRECTOR OR DEPARTMENT MAY PROVIDE FOR THE 15,280
EXAMINATION OR EVALUATION BY CONTRACTING WITH ANY PUBLIC OR 15,281
PRIVATE ENTITY TO CONDUCT OR ADMINISTER THE EXAMINATION OR 15,282
EVALUATION. THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT AND 15,283
RETAIN, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 15,284
351
CONTRACT, ANY FEE PAID BY AN INDIVIDUAL FOR THE EXAMINATION OR 15,285
EVALUATION. AN ENTITY AUTHORIZED TO COLLECT AND RETAIN A FEE IS 15,286
NOT REQUIRED TO DEPOSIT THE FEE INTO THE STATE TREASURY. 15,287
EXCEPT WHEN CONSIDERED TO BE NECESSARY BY THE DIRECTOR OR 15,289
DEPARTMENT, THE DIRECTOR OR DEPARTMENT SHALL NOT DISCLOSE TEST 15,290
MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED IN ANY 15,291
EXAMINATION OR EVALUATION THE DIRECTOR OR DEPARTMENT CONDUCTS, 15,292
ADMINISTERS, OR PROVIDES FOR BY CONTRACT. THE TEST MATERIALS, 15,293
EXAMINATIONS, AND EVALUATION TOOLS ARE NOT PUBLIC RECORDS FOR THE 15,294
PURPOSE OF SECTION 149.43 OF THE REVISED CODE AND ARE NOT SUBJECT 15,295
TO INSPECTION OR COPYING UNDER SECTION 1347.08 OF THE REVISED 15,296
CODE.
Sec. 3701.262. (A) As used in this section and section 15,305
3701.263 of the Revised Code: 15,306
(1) "Physician" means a person who holds a valid 15,308
certificate issued under Chapter 4731. of the Revised Code 15,309
authorizing him THE PERSON to practice medicine or surgery or 15,310
osteopathic medicine and surgery. 15,311
(2) "Dentist" means a person who is licensed under section 15,313
4715.12 or 4715.15 of the Revised Code to practice dentistry. 15,314
(3) "Hospital" has the same meaning as in section 3727.01 15,316
of the Revised Code. 15,317
(4) "Cancer" includes those diseases specified by rule of 15,319
the director of health under division (B)(2) of this section. 15,320
(B) The director of health shall adopt rules in accordance 15,322
with Chapter 119. of the Revised Code to do all of the following: 15,323
(1) Establish the Ohio cancer incidence surveillance 15,325
system required by section 3701.261 of the Revised Code; 15,326
(2) Specify the types of cancer and other tumorous and 15,328
precancerous diseases to be reported to the department of health 15,329
under division (D) of this section; 15,330
(3) Establish reporting requirements for information 15,332
concerning diagnosed cancer cases as he THE DIRECTOR considers 15,333
necessary to conduct epidemiologic surveys of cancer in this 15,334
352
state;
(4) Establish standards that must be met by research 15,336
projects to be eligible to receive information from the 15,337
department of health under division (B) of section 3701.263 of 15,338
the Revised Code. 15,339
(C) The department of health shall record in the registry 15,341
all reports of cancer received by it. In the development and 15,342
administration of the cancer registry the department may use 15,343
information compiled by public or private cancer registries and 15,344
may contract for the collection and analysis of, and research 15,345
related to, the information recorded under this section. 15,346
(D) Each physician, dentist, hospital, or person providing 15,348
diagnostic or treatment services to patients with cancer shall 15,349
report each case of cancer to the department. Any person 15,350
required to report pursuant to this section may elect to report 15,351
to the department through an existing cancer registry if the 15,352
registry meets the reporting standards established by the 15,353
director and reports to the department. 15,354
(E) All physicians, dentists, hospitals, or persons 15,356
providing diagnostic or treatment services to patients with 15,357
cancer shall grant to the deparment DEPARTMENT or its authorized 15,358
representative access to all records that identify cases of 15,359
cancer or establish characteristics of cancer, the treatment of 15,360
cancer, or the medical status of any identified cancer patient. 15,361
(F) Within one year after the effective date of this 15,363
section, the department THE ARTHUR G. JAMES AND RICHARD J. SOLOVE 15,366
RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY, shall ANALYZE 15,367
AND evaluate the cancer reports collected pursuant to this 15,370
section. The department shall publish and make available to the 15,371
public reports summarizing the information collected. The first 15,372
summary report shall be published not later than ninety days 15,373
after the end of the first full calendar year ending after the 15,374
effective date of this section. Subsequent annual summary 15,377
reports REPORTS shall be made on a calendar year basis and 15,378
353
published not later than ninety days after the end of each 15,381
calendar year.
(G) Furnishing information, including records, reports, 15,383
statements, notes, memoranda, or other information, to the 15,384
department of health, either voluntarily or as required by this 15,385
section, or to a person or governmental entity designated as a 15,386
medical research project by the department, does not subject a 15,387
physician, dentist, hospital, or person providing diagnostic or 15,388
treatment services to patients with cancer to liability in an 15,389
action for damages or other relief for furnishing the 15,390
information. 15,391
(H) This section does not affect the authority of any 15,393
person or facility providing diagnostic or treatment services to 15,394
patients with cancer to maintain facility-based tumor registries, 15,395
in addition to complying with the reporting requirements of this 15,396
section. 15,397
(I) No person shall fail to make the cancer reports 15,399
required by division (D) of this section. 15,400
Sec. 3701.264. THERE IS HEREBY CREATED THE OHIO CANCER 15,402
INCIDENCE SURVEILLANCE SYSTEM ADVISORY BOARD. THE BOARD SHALL 15,403
CONSIST OF THE DIRECTOR OF HEALTH, WHO SHALL SERVE AS CHAIR OF 15,406
THE BOARD, AND ONE REPRESENTATIVE, APPOINTED BY THE GOVERNOR, 15,407
FROM EACH MEDICAL SCHOOL ACCREDITED BY THE LIAISON COMMITTEE ON 15,408
MEDICAL EDUCATION AND EACH OSTEOPATHIC MEDICAL SCHOOL ACCREDITED 15,409
BY THE AMERICAN OSTEOPATHIC ASSOCIATION IN OHIO. IN ADDITION, THE 15,410
DIRECTOR OF HEALTH SHALL APPOINT UP TO THREE ADDITIONAL MEMBERS 15,411
OF THE BOARD. VACANCIES ON THE BOARD SHALL BE FILLED IN THE SAME 15,412
MANNER AS THE INITIAL APPOINTMENTS. MEMBERS SHALL SERVE WITHOUT 15,413
COMPENSATION.
THE BOARD SHALL PROVIDE OVERSIGHT OF THE COLLECTION AND 15,415
ANALYSIS OF DATA BY THE CANCER SURVEILLANCE SYSTEM TO THE 15,416
DIRECTOR OF HEALTH AND THE ARTHUR G. JAMES CANCER HOSPITAL AND 15,420
RICHARD J. SOLOVE RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY 15,422
AND ADVISE IN THE IMPLEMENTATION OF SECTIONS 3701.261 TO 3701.263 15,423
354
OF THE REVISED CODE. THE BOARD SHALL MEET AND CONDUCT ITS 15,424
BUSINESS AS DIRECTED BY THE CHAIR.
THE BOARD SHALL REPORT TO THE FINANCE COMMITTEES OF BOTH 15,426
HOUSES OF THE GENERAL ASSEMBLY, NOT LATER THAN MARCH 1, 2001, ON 15,427
THE PROGRESS MADE IN IMPLEMENTING SECTIONS 3701.261 TO 3701.263 15,428
OF THE REVISED CODE. 15,429
THE BOARD IS NOT SUBJECT TO SECTION 101.84 OF THE REVISED 15,431
CODE.
Sec. 3701.89. (A) There is hereby re-created a foundation 15,433
as described in section 170 of the "Internal Revenue Code of 15,434
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, which shall be 15,435
known as the Ohio medical quality foundation. The foundation 15,436
shall be administered by thirteen trustees, one of whom shall be 15,437
the director of health and the remaining twelve of whom shall be 15,438
appointed by the governor within ninety days of the effective 15,439
date of this section JULY 21, 1994. 15,440
(B) Five of the appointed trustees shall hold the degree 15,442
of doctor of medicine; of those, two shall be appointed to an 15,443
initial term of three years, one shall be appointed for an 15,444
initial term of four years, and two shall be appointed for an 15,445
initial term of five years. Four of the appointed trustees shall 15,446
be representatives of hospitals; of those, one shall be appointed 15,447
for an initial term of three years, one shall be appointed for an 15,448
initial term of five years, and two shall be appointed to an 15,449
initial term of four years. Two of the appointed trustees shall 15,450
hold the degree of doctor of osteopathic medicine; of those, one 15,451
shall be appointed for an initial term of four years and one 15,452
shall be appointed to an initial term of five years. One of the 15,453
appointed trustees shall hold the degree of doctor of podiatric 15,454
medicine and shall be appointed for a term of three years. 15,455
Thereafter, all trustees appointed by the governor shall be 15,456
appointed to terms of three years. 15,457
(C) The trustees shall act by majority vote with seven 15,459
trustees constituting a quorum for the transaction of any 15,460
355
business or the exercise of any power of the foundation. 15,461
(D) All money received by the foundation shall be held in 15,463
trust by a corporate trustee selected by the foundation trustees, 15,464
which selection may be changed from time to time. The corporate 15,465
trustee shall invest, manage, and account for the money held in 15,466
trust, subject to the approval of the foundation trustees. All 15,467
investment income shall be credited to the foundation trust 15,468
funds. All expenses of administration of the foundation shall be 15,469
charged to the foundation trust funds. 15,470
(E) The trustees may: 15,472
(1) Adopt rules and bylaws consistent with subsection 501 15,474
(c)(3) of the Internal Revenue Code for the regulation of its 15,475
affairs and the conduct of its business; 15,476
(2) Employ a staff and retain or contract with attorneys, 15,478
financial consultants, and accounting experts as are necessary in 15,479
its judgment to carry out this section; 15,480
(3) Seek and accept funding from any private or public 15,482
source for the conduct of its business. 15,483
(F) In a manner consistent with federal income tax 15,485
exemption status under subsection 501(c)(3) of the Internal 15,486
Revenue Code, the foundation shall fund activities to improve the 15,487
quality of medical care rendered to the public. The trustees of 15,488
the money in the foundation trust may fund the following: 15,489
(1) Programs approved under criteria established under 15,491
section 4731.25 of the Revised Code; 15,492
(2) Programs designed to improve the quality of graduate 15,494
medical education; 15,495
(3) Programs designed to improve risk management and 15,497
quality assurance in hospitals, as defined in section 3727.01 of 15,498
the Revised Code, and in outpatient settings including physician 15,499
offices; 15,500
(4) Other programs, meetings, and educational seminars 15,502
that are designed to improve the quality of medical care in Ohio 15,503
and are determined by the trustees to be consistent with this 15,504
356
section. 15,505
(G) THE FOUNDATION MAY BE ORGANIZED AS A NONPROFIT 15,507
CORPORATION FORMED UNDER CHAPTER 1702. OF THE REVISED CODE. 15,508
Sec. 3702.52. The director of health shall administer a 15,518
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under 15,519
those sections. 15,520
(A) The director shall issue rulings on whether a 15,522
particular proposed project is a reviewable activity. The 15,523
director shall issue a ruling not later than forty-five days 15,524
after receiving a request for a ruling accompanied by the 15,525
information needed to make the ruling. If the director does not 15,526
issue a ruling in that time, the project shall be considered to 15,527
have been ruled not a reviewable activity. 15,528
(B) The director shall review applications for 15,530
certificates of need. Each application shall be submitted to the 15,531
director on forms prescribed by the director, shall include all 15,532
information required by rules adopted under division (B) of 15,533
section 3702.57 of the Revised Code, and shall be accompanied by 15,534
the application fee established in rules adopted under division 15,535
(G) of that section. Application fees received by the director 15,536
under this division shall be deposited into the state treasury to 15,537
the credit of the certificate of need fund, which is hereby 15,538
created. The director shall use the fund only to pay the costs 15,539
of administering sections 3702.51 to 3702.62 of the Revised Code 15,540
and rules adopted under those sections, and to make payments to 15,541
health service agencies under division (H) of this section. 15,542
The director shall mail to the applicant a written notice 15,544
that the application meets the criteria for a complete 15,545
application specified in rules adopted under section 3702.57 of 15,546
the Revised Code, or a written request for additional
information, not later than fifteen days after receiving an 15,548
application or a response to an earlier request for information.
The director shall not make more than two requests for additional 15,549
357
information.
The director may conduct a public informational hearing in 15,551
the course of reviewing any application for a certificate of 15,552
need, and shall conduct one if requested to do so by any affected 15,553
person not later than fifteen days after the director mails the 15,554
notice that the application is complete. The hearing shall be 15,555
conducted in the community in which the activities authorized by
the certificate of need would be carried out. Any affected 15,556
person may testify at the hearing. The director may, with the 15,557
health service agency's consent, designate a health service 15,558
agency to conduct the hearing.
Except during a public hearing or as necessary to comply 15,560
with a subpoena issued under division (F) of this section, after 15,562
a notice of completeness has been received, no person shall 15,563
knowingly discuss in person or by telephone the merits of the 15,565
application with the director. If one or more persons request a
meeting in person or by telephone, the director shall make a 15,567
reasonable effort to invite interested parties to the meeting or 15,568
conference call.
(C) Divisions (C)(1) to (7) of this section apply to 15,571
certificate of need applications for which the director had not 15,573
issued a written decision prior to April 20, 1995, unless the 15,574
director was required, under the version of this section in 15,575
effect immediately prior to the effective date of this amendment 15,576
JUNE 30, 1995, to grant a certificate of need prior to the 15,578
effective date of this amendment JUNE 30, 1995, because of a lack 15,580
of written objections from any affected person. Divisions (C)(1) 15,581
to (7) of this section do not invalidate any certificate of need 15,582
that the director was required to grant prior to the effective 15,583
date of this amendment JUNE 30, 1995, under that circumstance. 15,584
(1) The director shall grant a certificate of need for the 15,587
entire project that is the subject of the application immediately
after both of the following conditions are met: 15,589
(a) The board of trustees of the health service agency of 15,592
358
the health service area in which the reviewable activity is 15,593
proposed to be conducted recommends, prior to the deadline 15,594
specified in division (C)(4) of this section or any extension of 15,595
it under division (C)(5) of this section, that the certificate of 15,596
need be granted;
(b) The director receives no written objections to the 15,598
application from any affected person by the later of May 20, 15,599
1995, or thirty days after the director mails the notice of 15,600
completeness.
(2) In the case of applications under comparative review, 15,602
the director shall grant certificates of need for the entire 15,603
projects that are the subject of the applications immediately 15,604
after both of the following conditions are met:
(a) The board of trustees of the health service agency of 15,606
each health service area in which the reviewable activities are 15,607
proposed to be conducted recommends, prior to the deadline 15,608
specified in division (C)(4) of this section or any extension of 15,609
it under division (C)(5) of this section, that certificates of 15,610
need be granted for each of the reviewable activities to be
conducted in its health service area; 15,611
(b) The director receives no written objections to any of 15,613
the applications from any affected person by the later of May 20, 15,614
1995, or thirty days after the director mails the last notice of 15,615
completeness.
The director's grant of a certificate of need under 15,617
division (C)(1) or (2) of this section does not affect, and sets 15,618
no precedent for, the director's decision to grant or deny other 15,619
applications for similar reviewable activities proposed to be 15,620
conducted in the same or different health service areas.
(3) If the director receives written objections to an 15,623
application from any affected person by the later of May 20, 15,624
1995, or thirty days after mailing the notice of completeness, 15,625
regardless of the health service agency's recommendation, the 15,626
director shall notify the applicant and assign a hearing examiner 15,628
359
to conduct an adjudication hearing concerning the application in 15,629
accordance with Chapter 119. of the Revised Code. In the case of 15,631
applications under comparative review, if the director receives 15,632
written objections to any of the applications from any affected 15,634
person by the later of May 20, 1995, or thirty days after the 15,635
director mails the last notice of completeness, regardless of the 15,637
health service agencies' recommendation, the director shall 15,639
notify all of the applicants and appoint a hearing examiner to 15,640
conduct a consolidated adjudication hearing concerning the 15,641
applications in accordance with Chapter 119. of the Revised Code. 15,643
The hearing examiner shall be employed by or under contract with 15,644
the department of health. 15,645
The adjudication hearings may be conducted in the health 15,648
service area in which the reviewable activity is proposed to be
conducted. Consolidated adjudication hearings for applications 15,650
in comparative review may be conducted in the geographic region 15,651
in which all of the reviewable activities will be conducted. The 15,652
applicant, the director, and the affected persons that filed 15,653
objections to the application shall be parties to the hearing. 15,654
If none of the affected persons that submitted written objections 15,655
to the application appears or prosecutes the hearing, the hearing 15,656
examiner shall dismiss the hearing and the director shall grant a 15,658
certificate of need for the entire project that is the subject of 15,659
the application. The affected persons bear the burden of proving 15,660
by a preponderance of evidence that the project is not needed or 15,661
that granting the certificate would not be in accordance with 15,662
sections 3702.51 to 3702.62 of the Revised Code or the rules 15,663
adopted under section 3702.57 of the Revised Code. 15,664
(4) Except as provided in divisions (C)(1) and (2) of this 15,667
section, the director shall grant or deny certificate of need 15,668
applications for which an adjudication hearing is not conducted 15,669
under division (C)(3) of this section not later than ninety days 15,671
after mailing the notice of completeness or, in the case of an 15,672
application proposing addition of long-term care beds, not later 15,673
360
than ninety days after such other time as is specified in rules 15,674
adopted under section 3702.57 of the Revised Code. The director 15,676
shall grant or deny certificate of need applications for which an 15,678
adjudication hearing is conducted under division (C)(3) of this 15,680
section not later than thirty days after the expiration of the 15,681
time for filing objections to the report and recommendation of 15,682
the hearing examiner under section 119.09 of the Revised Code. 15,683
The director shall base decisions concerning applications for 15,684
which an adjudication hearing is conducted under division (C)(3) 15,685
of this section on the report and recommendations of the hearing 15,686
examiner.
(5) Except as otherwise provided in division (C)(1), (2), 15,689
or (6) of this section, the director or the applicant may extend 15,692
the deadline prescribed in division (C)(4) of this section once, 15,694
for no longer than thirty days, by written notice before the end 15,695
of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply to all 15,697
applications that are in comparative review. 15,698
(6) No applicant in a comparative review may extend the 15,700
deadline specified in division (C)(4) of this section. 15,701
(7) Except as provided in divisions (C)(1) and (2) of this 15,704
section, the director may grant a certificate of need for all or 15,705
part of the project that is the subject of an application. If 15,706
the director does not grant or deny the certificate by the 15,707
applicable deadline specified in division (C)(4) of this section 15,709
or any extension of it under division (C)(5) of this section, the 15,710
certificate shall be considered to have been granted. The 15,711
director, in reviewing certificate of need applications for solid 15,713
organ transplantation services, may ask for assistance from a 15,714
statewide transplantation advisory group consisting of qualified 15,715
professionals and administrators. Such consultation shall not 15,716
cause the review period for any application to be extended beyond 15,717
the applicable deadline specified in division (C)(4) of this 15,719
section or any extension of it under division (C)(5) of this 15,721
361
section.
(D) In granting a certificate of need, the director shall 15,723
specify as the maximum capital expenditure the certificate holder 15,724
may obligate under the certificate a figure equal to one hundred 15,725
ten per cent of the approved project cost. 15,726
(E) The director shall monitor the activities of persons 15,729
granted certificates of need concerning long-term care beds
during the period beginning with the granting of the certificate 15,731
of need and ending five years after implementation of the 15,732
activity for which the certificate was granted.
In the case of any other certificate of need, the director 15,734
shall monitor the activities of persons granted certificates of 15,735
need during the period beginning with the granting of the 15,737
certificate of need and ending when the activity for which the 15,738
certificate was granted ceases to be a reviewable activity in 15,739
accordance with section 3702.511 of the Revised Code. 15,740
(F) When reviewing applications for certificates of need 15,743
or monitoring activities of persons granted certificates of need, 15,744
the director may issue and enforce, in the manner provided in 15,746
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the production of documents relevant to review of the 15,748
application or monitoring of the activities. In addition, the 15,750
director or the director's designee, which may include a health 15,752
service agency, may visit the sites where the activities are or 15,753
will be conducted.
(G) The director may withdraw certificates of need. 15,755
(H) The director shall pay, to each health service agency 15,757
that engages in one or more of the functions identified in 15,758
division (D)(5) of section 3702.58 of the Revised Code with 15,759
respect to an application for a certificate of need, one-third of 15,760
the application fee paid under division (B) of this section, 15,761
subject to a maximum of four thousand dollars. The amount paid 15,762
under this division to each health service agency during each 15,764
fiscal year shall not be less than the amount received by the 15,765
362
health service agency between July 1, 1988, and June 30, 1989, or 15,766
the amount received by the agency between January 1, 1988, and 15,767
December 31, 1988, whichever is greater.
(I) The director shall conduct, on a regular basis, health 15,769
system data collection and analysis activities and prepare 15,770
reports. The director shall make recommendations based upon 15,771
these activities to the public health council concerning the 15,772
adoption of appropriate rules under section 3702.57 of the 15,773
Revised Code. All health care facilities and other health care 15,774
providers shall submit to the director, upon request, any 15,775
information that is necessary to conduct reviews of certificate 15,776
of need applications and to develop recommendations for criteria 15,777
for reviews, and that is prescribed by rules adopted under 15,778
division (H) of section 3702.57 of the Revised Code. 15,779
(J)(I) Any decision to grant or deny a certificate of need 15,781
shall consider the special needs and circumstances resulting from 15,782
moral and ethical values and the free exercise of religious 15,783
rights of health care facilities administered by religious 15,784
organizations, and the special needs and circumstances of 15,785
children's hospitals, inner city hospitals, and small rural 15,786
hospitals.
Sec. 3702.57. (A) The public health council shall adopt 15,795
rules establishing procedures and criteria for reviews of 15,796
applications for certificates of need and issuance, denial, or 15,797
withdrawal of certificates. 15,798
(1) The rules shall require that, in addition to any other 15,801
applicable review requirements of sections 3702.51 to 3702.62 of 15,802
the Revised Code and rules adopted thereunder, any application 15,803
for a certificate of need from an osteopathic hospital be 15,804
reviewed on the basis of the need for and the availability in the 15,805
community of services and hospitals for osteopathic physicians 15,806
and their patients, and in terms of its impact on existing and 15,807
proposed institutional training programs for doctors of 15,808
osteopathy and doctors of medicine at the student, internship, 15,809
363
and residency training levels. 15,810
(2) In adopting rules that establish criteria for reviews 15,812
of applications of certificates of need, the council shall 15,813
consider the availability of and need for long-term care beds to 15,814
provide care and treatment to persons diagnosed as having 15,815
traumatic brain injuries and shall prescribe criteria for 15,816
reviewing applications that propose to add long-term care beds to 15,817
provide care and treatment to persons diagnosed as having 15,818
traumatic brain injuries. 15,819
(3) The criteria for reviews of applications for 15,821
certificates of need shall relate to the need for the reviewable 15,822
activity and shall pertain to all of the following matters: 15,823
(a) The impact of the reviewable activity on the cost and 15,825
quality of health services in the relevant geographic area, 15,826
including, but not limited, to the historical and projected 15,827
utilization of the services to which the application pertains and 15,828
the effect of the reviewable activity on utilization of other 15,829
providers of similar services; 15,830
(b) The quality of the services to be provided as the 15,832
result of the activity, as evidenced by the historical 15,833
performance of the persons that will be involved in providing the 15,835
services and by the provisions that are proposed in the 15,836
application to ensure quality, including but not limited to 15,837
adequate available personnel, available ancillary and support 15,838
services, available equipment, size and configuration of physical 15,839
plant, and relations with other providers; 15,840
(c) The impact of the reviewable activity on the 15,842
availability and accessibility of the type of services proposed 15,843
in the application to the population of the relevant geographic 15,844
area, and the level of access to the services proposed in the 15,845
application that will be provided to medically underserved 15,846
individuals such as recipients of public assistance and 15,847
individuals who have no health insurance or whose health 15,848
insurance is insufficient; 15,849
364
(d) The activity's short- and long-term financial 15,851
feasibility and cost-effectiveness, the impact of the activity on 15,852
the applicant's costs and charges, and a comparison of the 15,854
applicant's costs and charges with those of providers of similar 15,855
services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of 15,857
alternatives to the reviewable activity; 15,858
(f) The impact of the activity on all other providers of 15,861
similar services in the health service area or other relevant 15,862
geographic area, including the impact on their utilization, 15,863
market share, and financial status;
(g) The historical performance of the applicant and 15,866
related or affiliated parties in complying with previously
granted certificates of need and any applicable certification, 15,867
accreditation, or licensure requirements; 15,868
(h) The relationship of the activity to the current 15,871
edition of the state health resources plan issued under section 15,872
3702.521 of the Revised Code;
(i) The historical performance of the applicant and 15,875
related or affiliated parties in providing cost-effective health 15,876
care services;
(j) The special needs and circumstances of the applicant 15,879
or population proposed to be served by the proposed project, 15,880
including research activities, prevalence of particular diseases, 15,881
unusual demographic characteristics, cost-effective contractual 15,882
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of the 15,885
proposed site of the activity;
(l) The participation by the applicant in research 15,888
conducted by the United States food and drug administration or 15,889
clinical trials sponsored by the national institutes of health. 15,890
(4) The criteria for reviews of applications may include 15,893
formulas for determining need for beds and services. 15,894
(a) The criteria prescribing formulas shall not, either by 15,896
365
themselves or in conjunction with any established occupancy 15,897
guidelines, require, as a condition of being granted a 15,898
certificate of need, that a hospital reduce its complement of 15,899
registered beds or discontinue any service that is not related to 15,900
the service or project for which the certificate of need is 15,901
sought. 15,902
(b) With respect to applications to conduct reviewable 15,904
activities that are affected directly by the inpatient occupancy 15,905
of a health care facility, including addition, relocation, or 15,906
recategorization of beds or renovation or other construction 15,907
activities relating to inpatient services, the rules shall 15,908
prescribe criteria for determining whether the scope of the 15,909
proposed project is appropriate in light of the historical and 15,910
reasonably projected occupancy rates for the beds related to the 15,911
project. 15,912
(c) Any rules prescribing criteria that establish ratios 15,914
of beds, services, or equipment to population shall specify the 15,916
bases for establishing the ratios or mitigating factors or 15,917
exceptions to the ratios. 15,918
(B) The council shall adopt rules specifying all of the 15,920
following: 15,921
(1) Information that must be provided in applications for 15,924
certificates of need, which shall include a plan for obligating 15,926
the capital expenditure or implementing the proposed project on a 15,927
timely basis in accordance with section 3702.525 of the Revised 15,929
Code;
(2) Procedures for reviewing applications for completeness 15,933
of information;
(3) Criteria for determining that the application is 15,936
complete.
(C) The council shall adopt rules specifying requirements 15,938
that holders of certificates of need must meet in order for the 15,939
certificates to remain valid and establishing definitions and 15,940
requirements for obligation of capital expenditures and 15,941
366
implementation of projects authorized by certificates of need. 15,942
(D) The council shall adopt rules establishing criteria 15,944
and procedures under which the director of health may withdraw a 15,945
certificate of need if the holder fails to meet requirements for 15,946
continued validity of the certificate. 15,947
(E) The council shall adopt rules establishing procedures 15,949
under which the department of health shall monitor project 15,950
implementation activities of holders of certificates of need. 15,951
The rules adopted under this division also may establish 15,952
procedures for monitoring implementation activities of persons 15,954
that have received nonreviewability rulings. 15,956
(F) The council shall adopt rules establishing procedures 15,958
under which the director of health shall review certificates of 15,959
need whose holders exceed or appear likely to exceed an 15,961
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate 15,963
of need application fees sufficient to pay the costs incurred by 15,964
the department for administering sections 3702.51 to 3702.62 of 15,966
the Revised Code and to pay health service agencies for the 15,967
functions they perform under division (D)(5) of section 3702.58 15,969
of the Revised Code. Unless rules are adopted under this 15,970
division establishing different application fees, the application 15,971
fee for a project not involving a capital expenditure shall be 15,972
three thousand dollars and the application fee for a project 15,973
involving a capital expenditure shall be nine-tenths of one per 15,974
cent of the capital expenditure proposed subject to a minimum of 15,975
three thousand dollars and a maximum of twenty thousand dollars. 15,976
(H) The council shall adopt rules specifying information 15,978
that is necessary to conduct reviews of certificate of need 15,979
applications and to develop recommendations for criteria for 15,980
reviews that health care facilities and other health care 15,981
providers are to submit to the director under division (I)(H) of 15,983
section 3702.52 of the Revised Code.
(I) The council shall adopt rules defining "affiliated 15,986
367
person," "related person," and "ultimate controlling interest" 15,987
for purposes of section 3702.524 of the Revised Code. 15,988
(J) The council shall adopt rules prescribing requirements 15,991
for holders of certificates of need to demonstrate to the 15,992
director under section 3702.526 of the Revised Code that 15,994
reasonable progress is being made toward completion of the
reviewable activity and establishing standards by which the 15,995
director shall determine whether reasonable progress is being 15,996
made.
(K) The council shall adopt rules defining high-risk 15,998
cardiac catheterization patients. High-risk patients shall 16,000
include patients with significant ischemic syndromes or unstable 16,001
myocardial infarction, patients who need intervention such as 16,002
angioplasty or bypass surgery, patients who may require difficult 16,003
or complex catheterization procedures such as transeptal 16,004
assessment of valvular dysfunction, patients with critical aortic 16,005
stenosis or congestive heart failure, and other patients 16,006
specified by the council. 16,007
(L) The public health council shall adopt all rules under 16,010
divisions (A) to (K) of this section in accordance with Chapter 16,012
119. of the Revised Code. The council may adopt other rules as 16,013
necessary to carry out the purposes of sections 3702.51 to 16,014
3702.62 of the Revised Code.
Sec. 3702.58. (A) The director of health shall designate 16,023
geographic regions of this state as health service areas and 16,024
shall designate one health service agency for each health service 16,025
area. All territory in this state shall be included in a health 16,026
service area, but no territory shall be included in more than one 16,027
health service area.
(B) The director shall designate as a health service area 16,029
any health service area that was so designated in accordance with 16,030
the former "National Health Planning and Resources Development 16,031
Act of 1974," 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of 16,032
November 13, 1986. The director shall designate as a health 16,033
368
service agency any health systems agency designated under such 16,034
former act that, on June 30, 1987, was performing the functions 16,036
of a health systems agency as provided for in such former act. 16,037
(C) The director may designate health service areas and 16,039
health service agencies in addition to those designated under 16,040
division (B) of this section, may revise the boundaries of health 16,041
service areas, and may revoke the designation of a health service 16,042
agency and designate a new health service agency for a health 16,043
service area. 16,044
Each health service agency designated under this division 16,047
shall be a nonprofit private corporation that is incorporated in 16,048
this state as a corporation that is exempt from federal income 16,049
taxation under subsection 501(a) and described in subsection 16,050
501(c)(3) of the "Internal Revenue Act of 1986," 100 Stat. 2085, 16,051
26 U.S.C.A. 1, as amended, that is not a subsidiary of, or 16,052
otherwise controlled by, any other private or public corporation 16,053
or other legal entity.
The board of trustees of each health service agency shall 16,056
be nominated and elected by the agency's membership in accordance 16,057
with procedures specified in the agency's by-laws. Each trustee 16,058
shall be a resident of the health service area served by the 16,059
agency, and any resident of the health service area age eighteen 16,060
or older is eligible to be nominated. The board of trustees 16,061
shall be broadly representative of the demographic
characteristics of the health service area, including the 16,062
geographic distribution and density of the population. 16,063
A majority of the trustees, but not more than seventy-five 16,066
per cent, shall represent consumers and major purchasers of 16,067
health care, including businesses and labor organizations, that 16,068
are not health care providers. All other trustees shall 16,069
represent health care providers and, to the extent practicable, 16,070
shall be representative of the variety of health care disciplines 16,071
and interests of the health service area. Only the trustees 16,072
representing health care consumers and purchasers may vote on 16,073
369
agency proceedings concerning a certificate of need application. 16,074
However, no such trustees shall vote on proceedings concerning a 16,075
certificate of need application if he THE TRUSTEE has a financial 16,076
interest in the outcome of the proceedings.
A health service agency's board of trustees may adopt 16,078
policies governing the agency's ability to sell health care 16,079
information and resources to the public, to engage in activities 16,080
on a fee-for-service basis, and to enter into contractual 16,081
arrangements. However, these policies do not affect the 16,082
requirements of division (H) of section 3702.52 of the Revised 16,084
Code with respect to the amount the director pays for the 16,085
agency's performance of any function described in division (D)(5) 16,086
of this section. No health service agency shall engage in any 16,087
fee-for-service activity with a health care facility. Each board 16,088
of trustees shall hire appropriate staff to perform duties 16,089
required by the board.
(D) The functions of health service agencies shall 16,091
include, but not be limited to: 16,092
(1) Performing functions related to the planning and 16,094
implementation of health care facilities and health care services 16,096
by:
(a) Identifying community health care needs and 16,098
establishing community-based priorities and implementation 16,099
strategies;
(b) Developing community-based plans to address identified 16,101
needs and priorities; 16,102
(c) Providing technical assistance on community health 16,104
care needs assessment and planning and implementation strategies 16,105
to entities responsible for the delivery of health care services; 16,106
(d) Serving as the community resource to ensure that all 16,108
concerned individuals and organizations of the community are 16,109
represented and afforded an opportunity to participate in the 16,110
planning and implementation of the health care systems and 16,111
services that best meet the needs of the citizens of the health 16,112
370
service area;
(e) Submitting to the director of health for inclusion in 16,114
the state health resources plan issued under section 3702.521 of 16,115
the Revised Code the local community-based health resources plan, 16,117
which shall contain an analysis of the distribution of all health 16,118
services, facilities, and other resources in the health service 16,119
area, including existing deficiencies and excesses in local
health resources; 16,120
(f) Submitting annually to the director a supplemental 16,122
report recommending changes to the state health resources plan as 16,123
it deems appropriate by the community health planning process. 16,124
(2) Performing functions related to monitoring of the 16,126
health care system in the health service area, including: 16,127
(a) Compiling, analyzing, and disseminating technical 16,129
information and data identifying statistical trends and gaps in 16,130
health care services;
(b) Evaluating progress toward meeting local and state 16,132
health care goals as established by their respective planning 16,133
processes;
(c) Serving as the health service area community health 16,135
information center by: 16,136
(i) Making available to the general public information 16,138
about the quality, including performance and outcomes, and cost 16,139
of, and access to, the health care delivery services and systems; 16,140
(ii) Maintaining copies of reports on utilization of, 16,142
participation in, and performance of health care reform 16,143
initiatives, including OhioCare, any health insurance access 16,144
programs, and other health care cost, quality, and access reform 16,145
program;
(iii) Maintaining copies of all reports required by state 16,147
agencies that pertain to health care services, utilization, and 16,148
cost.
(3) Conducting the following community activities: 16,150
(a) Informing and educating the public on health care 16,152
371
issues, concerns, and proposed solutions, such as educating the 16,153
public about the proper use of health care delivery reform 16,154
initiatives;
(b) Providing forums for solving problems, resolving 16,156
conflicts, and building consensus; 16,157
(c) Publishing and making available to the public reports 16,159
on health care utilization, cost, and quality of services; 16,160
(d) Establishing and maintaining educational programs and 16,162
other informational resources for promoting improvement in the 16,163
health of the residents in the health service area. 16,164
(4) Promoting improvements in the health of the residents 16,166
of the health service area by helping the community to: 16,167
(a) Plan for and implement improvements in cost, 16,169
accessibility, and quality of health care services; 16,170
(b) Minimize unnecessary duplication of health services 16,172
and technology; 16,173
(c) Promote competition where appropriate in the health 16,175
service area. 16,176
(5) Implementing the certificate of need program on the 16,178
local level by:
(a) Providing technical assistance to applicants for 16,180
certificates of need; 16,181
(b) Advising the director of health by conducting 16,184
community reviews of certificate of need applications based on 16,185
local and state health resources plans and criteria and standards 16,186
established by the public health council; 16,187
(c) Conducting public informational hearings on 16,189
certificate of need applications under division (B) of section 16,190
3702.52 of the Revised Code;
(d) Submitting to the director findings and 16,192
recommendations on certificate of need applications; 16,193
(e) Monitoring compliance with the granted certificates of 16,195
need in the health service area on behalf of the director; 16,197
(f) Reporting findings of monitoring activities in a 16,199
372
format determined by the director. 16,200
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 16,209
3702.62 of the Revised Code, this section applies to the review 16,210
of certificate of need applications during the period beginning 16,211
July 1, 1993, and ending June 30, 1999 2001. 16,212
(B)(1) Except as provided in division (B)(2) of this 16,214
section, the director of health shall neither grant nor deny any 16,215
application for a certificate of need submitted prior to July 1, 16,216
1993, if the application was for any of the following and the 16,218
director had not issued a written decision concerning the 16,219
application prior to that date:
(a) Approval of beds in a new health care facility or an 16,221
increase of beds in an existing health care facility, if the beds 16,222
are proposed to be licensed as nursing home beds under Chapter 16,223
3721. of the Revised Code; 16,224
(b) Approval of beds in a new county home or new county 16,226
nursing home as defined in section 5155.31 of the Revised Code, 16,227
or an increase of beds in an existing county home or existing 16,228
county nursing home, if the beds are proposed to be certified as 16,229
skilled nursing facility beds under Title XVIII or nursing 16,230
facility beds under Title XIX of the "Social Security Act," 49 16,231
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 16,232
(c) Recategorization of hospital beds as described in 16,234
section 3702.522 of the Revised Code, an increase of hospital 16,236
beds registered pursuant to section 3701.07 of the Revised Code 16,237
as long-term care beds or skilled nursing facility beds, or a 16,238
recategorization of hospital beds that would result in an 16,239
increase of beds registered pursuant to that section as long-term 16,240
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 16,243
application to the applicant and, notwithstanding section 3702.52 16,244
of the Revised Code regarding the uses of the certificate of need 16,245
fund, shall refund to the applicant the application fee paid 16,246
under that section. Applications returned under division (B)(1) 16,247
373
of this section may be resubmitted in accordance with section 16,248
3702.52 of the Revised Code no sooner than July 1, 1999 2001. 16,249
(2) The director shall continue to review and shall issue 16,251
a decision regarding any application submitted prior to July 1, 16,252
1993, to increase beds for either of the purposes described in 16,254
division (B)(1)(a) or (b) of this section if the proposed 16,255
increase in beds is attributable solely to a replacement or 16,256
relocation of existing beds within the same county. The director 16,257
shall authorize under such an application no additional beds 16,258
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 16,260
section, the director, during the period beginning July 1, 1993, 16,261
and ending June 30, 1999 2001, shall not accept for review under 16,262
section 3702.52 of the Revised Code any application for a 16,263
certificate of need for any of the purposes described in 16,264
divisions (B)(1)(a) to (c) of this section. 16,265
(2) The director shall accept for review any application 16,267
for either of the purposes described in division (B)(1)(a) or (b) 16,268
of this section if the proposed increase in beds is attributable 16,269
solely to a replacement or relocation of existing beds within the 16,270
same county. The director shall authorize under such an 16,271
application no additional beds beyond those being replaced or 16,272
relocated. The director also shall accept for review any 16,273
application that seeks certificate of need approval for existing 16,274
beds located in an infirmary that is operated exclusively by a 16,276
religious order, provides care exclusively to members of 16,277
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 16,278
care exclusively to members of such a religious order on January 16,279
1, 1994.
(D) The director shall issue a decision regarding any case 16,281
remanded by a court as the result of a decision issued by the 16,284
director prior to July 1, 1993, to grant, deny, or withdraw a 16,285
certificate of need for any of the purposes described in 16,286
374
divisions (B)(1)(a) to (c) of this section. 16,287
(E) The director shall not project the need for beds 16,289
listed in division (B)(1) of this section for the period 16,290
beginning July 1, 1993, and ending June 30, 1999 2001. 16,291
This section is an interim section effective until July 1, 16,293
1999 2001. 16,294
Sec. 3705.24. (A) Except as otherwise provided in this 16,303
division or division (G) of this section, the fee for a certified 16,305
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 16,307
the Revised Code. Except as provided in section 3705.241 of the 16,308
Revised Code, the fee for a certified copy of a vital record or 16,309
for a certification of birth issued by the office of vital 16,310
statistics shall be an amount prescribed by the public health 16,311
council plus any fee required by section 3109.14 of the Revised 16,312
Code. The fee for a certified copy of a vital record or for a 16,313
certification of birth issued by a health district shall be an 16,314
amount prescribed in accordance with section 3709.09 of the 16,315
Revised Code plus any fee required by section 3109.14 of the 16,316
Revised Code. No certified copy of a vital record or 16,317
certification of birth shall be issued without payment of the fee 16,318
unless otherwise specified by statute.
For a special search of the files and records to determine 16,320
a date or place contained in a record on file, the office of 16,321
vital statistics shall charge a fee of three dollars for each 16,322
hour or fractional part of an hour required for the search. 16,323
(B) Except as otherwise provided in division (G) of this 16,326
section, and except as provided in section 3705.241 of the 16,327
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 16,328
into the state treasury to the credit of the general operations 16,329
fund created by section 3701.83 of the Revised Code. Money 16,331
generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it. 16,332
375
Amounts submitted to the department of health for copies of vital 16,334
records or services in excess of the fees imposed by this section 16,335
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 16,337
retained by the department and deposited in the state treasury to 16,338
the credit of the general operations fund created by section 16,339
3701.83 of the Revised Code. 16,340
(2) An overpayment in excess of two dollars shall be 16,342
returned to the person who made the overpayment. 16,343
(C) If a local registrar is a salaried employee of a city 16,345
or a general health district, any fees the local registrar 16,346
receives pursuant to section 3705.23 of the Revised Code shall be 16,347
paid into the general fund of the city or the health fund of the 16,348
general health district. 16,349
Each local registrar of vital statistics, or each health 16,351
district where the local registrar is a salaried employee of the 16,352
district, shall be entitled to a fee for each birth, fetal death, 16,353
death, or military service certificate properly and completely 16,354
made out and registered with the local registrar or district and 16,355
correctly copied and forwarded to the office of vital statistics 16,357
in accordance with the population of the primary registration 16,358
district at the last federal census. The fee for each birth, 16,359
fetal death, death, or military service certificate shall be: 16,360
(1) In primary registration districts of over two hundred 16,362
fifty thousand, twenty cents; 16,363
(2) In primary registration districts of over one hundred 16,365
twenty-five thousand and less than two hundred fifty thousand, 16,366
sixty cents; 16,367
(3) In primary registration districts of over fifty 16,369
thousand and less than one hundred twenty-five thousand, eighty 16,370
cents; 16,371
(4) In primary registration districts of less than fifty 16,373
thousand, one dollar. 16,374
(D) The director of health shall annually certify to the 16,376
376
county treasurers of the several counties the number of birth, 16,377
fetal death, death, and military service certificates registered 16,378
from their respective counties with the names of the local 16,379
registrars and the amounts due each registrar and health district 16,380
at the rates fixed in this section. Such amounts shall be paid 16,381
by the treasurer of the county in which the registration 16,382
districts are located. No fees shall be charged or collected by 16,383
registrars except as provided by this chapter and section 3109.14 16,384
of the Revised Code. 16,385
(E) A probate judge shall be paid a fee of fifteen cents 16,387
for each certified abstract of marriage prepared and forwarded by 16,388
the probate judge to the department of health pursuant to section 16,389
3705.21 of the Revised Code. The fee shall be in addition to the 16,390
fee paid for a marriage license and shall be paid by the 16,391
applicants for the license. 16,392
(F) The clerk of a court of common pleas shall be paid a 16,394
fee of one dollar for each certificate of divorce, dissolution, 16,395
and annulment of marriage prepared and forwarded by the clerk to 16,396
the department pursuant to section 3705.21 of the Revised Code. 16,397
The fee for the certified abstract of divorce, dissolution, or 16,398
annulment of marriage shall be added to the court costs allowed 16,399
in these cases. 16,400
(G) The fee for an heirloom certification of birth issued 16,402
pursuant to division (B)(2) of section 3705.23 of the Revised 16,404
Code shall be an amount prescribed by rule by the director of 16,406
health plus any fee required by section 3109.14 of the Revised 16,407
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 16,408
offset the expense of processing heirloom certifications of 16,409
birth. The fee prescribed by the director of health pursuant to 16,411
this division shall be deposited into the state treasury to the 16,413
credit of the heirloom certification of birth fund which is 16,414
hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing 16,415
377
heirloom certifications of birth. However, the money collected 16,416
for the surcharge, subject to the approval of the controlling 16,417
board, shall be used for the purposes specified by the family and 16,418
children first council pursuant to section 121.37 of the Revised 16,419
Code.
Sec. 3721.025. IF THE OPERATOR OF A NURSING HOME CLAIMS TO 16,421
THE PUBLIC THAT THE NURSING HOME PROVIDES SPECIAL SERVICES THAT 16,422
ARE ABOVE THE MINIMUM SERVICES THAT MUST BE PROVIDED TO BE 16,423
LICENSED UNDER THIS CHAPTER AS A NURSING HOME, THE OPERATOR SHALL 16,424
SUBMIT TO THE DEPARTMENT OF HEALTH A WRITTEN DESCRIPTION OF THE 16,425
SPECIAL SERVICES PROVIDED. THE DEPARTMENT SHALL MAINTAIN A 16,426
REGISTRY CONTAINING ALL DESCRIPTIONS SUBMITTED UNDER THIS 16,427
SECTION. ON REQUEST, THE DEPARTMENT SHALL PROVIDE A COPY OF A 16,428
DESCRIPTION SUBMITTED UNDER THIS SECTION. 16,429
Sec. 3721.31. (A)(1) Except as provided in division (E) 16,438
of this section, the director of health shall approve competency 16,439
evaluation programs and training and competency evaluation 16,440
programs in accordance with rules adopted under section 3721.30 16,441
of the Revised Code and shall periodically review and reapprove 16,442
programs approved under this section. 16,443
(2) Except as otherwise provided in division (A)(3) of 16,445
this section, the director may approve and reapprove programs 16,446
conducted by or in long-term care facilities, or by any 16,447
government agency or person, including an employee organization. 16,448
(3) The director shall not approve or reapprove a 16,450
competency evaluation program or training and competency 16,451
evaluation program conducted by or in a long-term care facility 16,452
that was determined by the director or the United States 16,453
secretary of health and human services to have been out of 16,454
compliance with the requirements of subsection (b), (c), or (d) 16,455
of section 1819 or 1919 of the "Social Security Act," 49 Stat. 16,456
620 (1935), 42 U.S.C.A. 301, as amended, within a two-year period 16,457
prior to making application for approval or reapproval and shall 16,458
revoke the approval or reapproval of a program conducted by or in 16,459
378
a facility for which such a determination is made. 16,460
(4) A long-term care facility, employee organization, 16,462
person, or government entity seeking approval or reapproval of a 16,463
competency evaluation program or training and competency 16,464
evaluation program shall make an application to the director for 16,465
approval or reapproval of the program and shall provide any 16,466
documentation requested by the director. 16,467
(5) The director may conduct inspections and examinations 16,469
of approved competency evaluation programs and training and 16,470
competency evaluation programs, competency evaluation programs 16,471
and training and competency evaluation programs for which an 16,472
application for approval has been submitted under division (A)(4) 16,473
of this section, and the sites at which they are or will be 16,474
conducted. The director may conduct inspections of long-term 16,475
care facilities in which individuals who have participated in 16,476
approved competency evaluation programs and training and 16,477
competency evaluation programs are being used as nurse aides. 16,478
(B) In accordance with Chapter 119. of the Revised Code, 16,480
the director may do the following: 16,481
(1) Deny, suspend, or revoke approval or reapproval of any 16,483
of the following that is not in compliance with this section and 16,484
section 3721.30 of the Revised Code and rules adopted thereunder: 16,485
(a) A competency evaluation program; 16,487
(b) A training and competency evaluation program; 16,489
(c) A training program for instructors or coordinators for 16,491
training and competency evaluation programs; 16,492
(d) A training program for evaluators for competency 16,494
evaluation programs. 16,495
(2) Deny a request that he THE DIRECTOR determine either 16,497
ANY of the following for the purposes of division (B) of section 16,499
3721.28 of the Revised Code: 16,500
(a) That a program completed prior to the dates specified 16,502
in division (B)(3) of section 3721.28 of the Revised Code 16,503
included a competency evaluation component no less stringent than 16,504
379
the competency evaluation programs approved or conducted by him 16,505
THE DIRECTOR under this section, and was otherwise comparable to 16,507
the training and competency evaluation programs being approved 16,508
under this section; 16,509
(b) That an individual satisfies division (B)(5) of 16,511
section 3721.28 of the Revised Code; 16,512
(c) That an individual meets the conditions specified in 16,514
division (F) of section 3721.28 of the Revised Code. 16,515
(C) The director may develop and conduct a competency 16,517
evaluation program for individuals used by long-term care 16,518
facilities as nurse aides at any time during the period 16,519
commencing July 1, 1989, and ending January 1, 1990, and 16,520
individuals who participate in training and competency evaluation 16,521
programs conducted in or by long-term care facilities. The 16,522
director also may conduct other competency evaluation programs 16,523
and training and competency evaluation programs. When conducting 16,524
competency evaluation programs and training and competency 16,525
evaluation programs, the director may use a nurse aide competency 16,526
evaluation prepared by a national standardized testing service, 16,527
and may contract with the service to administer the evaluation 16,528
PURSUANT TO SECTION 3701.044 OF THE REVISED CODE. 16,529
(D) The director may approve or conduct programs to train 16,531
instructors and coordinators for training and competency 16,532
evaluation programs and evaluators for competency evaluation 16,533
programs. The director may conduct inspections and examinations 16,534
of those programs that have been approved by him THE DIRECTOR or 16,535
for which an application for approval has been submitted, and the 16,537
sites at which the programs are or will be conducted. 16,538
(E) Notwithstanding division (A) of this section and 16,540
division (C) of section 3721.30 of the Revised Code, the 16,541
director, in his THE DIRECTOR'S discretion, may decline to 16,542
approve any competency evaluation programs. The director may 16,544
require all individuals used by long-term care facilities as 16,545
nurse aides after June 1, 1990, who have completed a training and 16,546
380
competency evaluation program approved by the director under 16,547
division (A) of this section or who have met the conditions 16,548
specified in division (F) of section 3721.28 of the Revised Code 16,549
to complete a competency evaluation program conducted by the 16,550
director under division (C) of this section. The director also 16,551
may require all individuals used as nurse aides by long-term care 16,552
facilities after June 1, 1990, who were used by a facility at any 16,553
time during the period commencing July 1, 1989, and ending 16,554
January 1, 1990, to complete a competency evaluation program 16,555
conducted by the director under division (C) of this section 16,556
rather than a competency evaluation program approved by him THE 16,557
DIRECTOR under division (A) of this section. 16,558
(F) The director shall not disclose test materials, 16,560
examinations, or evaluative EVALUATION tools used in any 16,561
competency evaluation program or training and competency 16,563
evaluation program that he THE DIRECTOR conducts or approves 16,564
under this section to any person or government entity, except as 16,565
he determines to be necessary for administration and enforcement 16,567
of this chapter and rules adopted under this chapter. The test 16,568
materials, examinations, and evaluative tools are not public 16,569
records for the purpose of section 149.43 of the Revised Code, 16,570
and are not subject to inspection or copying under THE 16,571
CONFIDENTIALITY PROVISIONS OF section 1347.08 3701.044 of the 16,572
Revised Code.
(G) The director shall impose fees prescribed by rules 16,574
adopted under section 3721.30 of the Revised Code for both of the 16,575
following: 16,576
(1) Making application for approval or reapproval of 16,578
either of the following: 16,579
(a) A competency evaluation program or a training and 16,581
competency evaluation program; 16,582
(b) A training program for instructors or coordinators for 16,584
training and competency evaluation programs, or evaluators for 16,585
competency evaluation programs; 16,586
381
(2) Participation in any competency evaluation program, 16,588
training and competency evaluation program, or other program 16,589
conducted by the director under this section. 16,590
If the director contracts with a national standardized 16,592
testing service pursuant to division (C) of this section for 16,593
administration by the service of a competency evaluation of nurse 16,594
aides, the director may authorize the service to collect and 16,595
retain fees in the amounts prescribed under the rules adopted by 16,596
the director under section 3721.30 of the Revised Code. 16,597
Sec. 3721.33. (A) Except as provided in division (B) of 16,606
this section FOR ANY FEE COLLECTED AND RETAINED BY A TESTING 16,607
SERVICE UNDER CONTRACT PURSUANT TO DIVISION (C) OF SECTION 16,608
3721.31 OF THE REVISED CODE, all fees collected under section 16,609
3721.31 of the Revised Code shall be deposited in the state 16,610
treasury to the credit of the nurse aide training fund, which is
hereby created. The moneys in the fund shall be used solely for 16,611
the purposes set forth in sections 3721.28 to 3721.32 of the 16,612
Revised Code and rules adopted thereunder. 16,613
(B) A national standardized testing service that collects 16,615
and retains fees under a contract described in division (G) of 16,616
section 3721.31 of the Revised Code is not required to deposit 16,617
the fees in the state treasury.
Sec. 3722.01. (A) As used in this chapter: 16,626
(1) "Owner" means the person who owns the business of and 16,628
who ultimately controls the operation of an adult care facility 16,629
and to whom the manager, if different from the owner, is 16,630
responsible. 16,631
(2) "Manager" means the person responsible for the daily 16,633
operation of an adult care facility. The manager and the owner 16,634
of a facility may be the same person. 16,635
(3) "Adult" means an individual eighteen years of age or 16,637
older. 16,638
(4) "Unrelated" means that an adult resident is not 16,640
related to the owner or manager of an adult care facility or to 16,641
382
his THE OWNER'S OR MANAGER'S spouse as a parent, grandparent, 16,642
child, stepchild, grandchild, brother, sister, niece, nephew, 16,644
aunt, or uncle, or as the child of an aunt or uncle. 16,645
(5) "Skilled nursing care" means skilled nursing care as 16,647
defined in section 3721.01 of the Revised Code. 16,648
(6)(a) "Personal care services" means services including, 16,650
but not limited to, the following: 16,651
(i) Assisting residents with activities of daily living; 16,653
(ii) Assisting residents with self-administration of 16,655
medication, in accordance with rules adopted by the public health 16,656
council pursuant to this chapter; 16,657
(iii) Preparing special diets, other than complex 16,659
therapeutic diets, for residents pursuant to the instructions of 16,660
a physician or a licensed dietitian, in accordance with rules 16,661
adopted by the public health council pursuant to this chapter. 16,662
(b) "Personal care services" does not include "skilled 16,664
nursing care" as defined in section 3721.01 of the Revised Code. 16,665
A facility need not provide more than one of the services listed 16,666
in division (A)(6)(a) of this section to be considered to be 16,667
providing personal care services. 16,668
(7) "Adult family home" means a residence or facility that 16,670
provides accommodations to three to five unrelated adults and 16,671
supervision and personal care services to at least three of those 16,672
adults. 16,673
(8) "Adult group home" means a residence or facility that 16,675
provides accommodations to six to sixteen unrelated adults and 16,676
provides supervision and personal care services to at least three 16,677
of the unrelated adults. 16,678
(9) "Adult care facility" means an adult family home or an 16,680
adult group home. For the purposes of this chapter, any 16,681
residence, facility, institution, hotel, congregate housing 16,682
project, or similar facility that provides accommodations and 16,683
supervision to three to sixteen unrelated adults, at least three 16,684
of whom are provided personal care services, is an adult care 16,685
383
facility regardless of how the facility holds itself out to the 16,686
public. "Adult care facility" does not include: 16,687
(a) A facility operated by a hospice care program licensed 16,689
under section 3712.04 of the Revised Code that is used 16,690
exclusively for care of hospice patients; 16,691
(b) A nursing home, residential care facility, or home for 16,694
the aging as defined in section 3721.01 of the Revised Code; 16,695
(c) A community alternative home as defined in section 16,697
3724.01 of the Revised Code; 16,698
(d) An alcohol and drug addiction program as defined in 16,700
section 3793.01 of the Revised Code; 16,701
(e) A habilitation center as defined in section 5123.041 16,703
of the Revised Code; 16,704
(f) A residential facility for the mentally ill licensed 16,706
by the department of mental health under section 5119.22 of the 16,707
Revised Code; 16,708
(g) A facility licensed to provide methadone treatment 16,710
under section 3793.11 of the Revised Code; 16,711
(h) A residential facility licensed under section 5123.19 16,713
of the Revised Code or otherwise regulated by the department of 16,714
mental retardation and developmental disabilities; 16,715
(i) Any residence, institution, hotel, congregate housing 16,717
project, or similar facility that provides personal care services 16,718
to fewer than three residents or that provides, for any number of 16,719
residents, only housing, housekeeping, laundry, meal preparation, 16,720
social or recreational activities, maintenance, security, 16,721
transportation, and similar services that are not personal care 16,722
services or skilled nursing care; 16,723
(j) Any facility that receives funding for operating costs 16,725
from the department of development under any program established 16,726
to provide emergency shelter housing or transitional housing for 16,727
the homeless; 16,728
(k) A terminal care facility for the homeless that has 16,730
entered into an agreement with a hospice care program under 16,731
384
section 3712.07 of the Revised Code; 16,732
(l) A facility approved by the veterans administration 16,734
under section 104(a) of the "Veterans Health Care Amendments of 16,735
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used 16,736
exclusively for the placement and care of veterans; 16,737
(m) Until January 1, 1994, the portion of a facility in 16,739
which care is provided exclusively to members of a religious 16,740
order if the facility is owned by or part of a nonprofit 16,741
institution of higher education authorized to award degrees by 16,742
the Ohio board of regents under Chapter 1713. of the Revised 16,743
Code. 16,744
(10) "Residents' rights advocate" means: 16,746
(a) An employee or representative of any state or local 16,748
government entity that has a responsibility for residents of 16,749
adult care facilities and has registered with the department of 16,750
health under section 3701.07 of the Revised Code; 16,751
(b) An employee or representative, other than a manager or 16,753
employee of an adult care facility or nursing home, of any 16,754
private nonprofit corporation or association that qualifies for 16,755
tax-exempt status under section 501(a) of the "Internal Revenue 16,756
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, 16,757
that has registered with the department of health under section 16,758
3701.07 of the Revised Code, and whose purposes include educating 16,759
and counseling residents, assisting residents in resolving 16,760
problems and complaints concerning their care and treatment, and 16,761
assisting them in securing adequate services. 16,762
(11) "Sponsor" means an adult relative, friend, or 16,764
guardian of a resident of an adult care facility who has an 16,765
interest in or responsibility for the resident's welfare. 16,766
(12) "Ombudsman OMBUDSPERSON" means a "representative of 16,768
the office of the state long-term care ombudsman OMBUDSPERSON 16,770
program" as defined in section 173.14 of the Revised Code. 16,772
(13) "MENTAL HEALTH AGENCY" MEANS A MENTAL HEALTH AGENCY, 16,774
AS DEFINED IN SECTION 5119.22 OF THE REVISED CODE, UNDER CONTRACT 16,776
385
WITH A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 16,777
SERVICES PURSUANT TO DIVISION (A)(6)(a) OF SECTION 340.03 OF THE 16,778
REVISED CODE.
(B) For purposes of this chapter, personal care services 16,780
or skilled nursing care shall be considered to be provided by a 16,781
facility if they are provided by a person employed by or 16,782
associated with the facility or by another person pursuant to an 16,783
agreement to which neither the resident who receives the services 16,784
nor his THE RESIDENT'S sponsor is a party. 16,785
(C) Nothing in division (A)(6) of this section shall be 16,787
construed to permit personal care services to be imposed upon a 16,788
resident who is capable of performing the activity in question 16,789
without assistance. 16,790
Sec. 3722.011. All medication taken by residents of an 16,799
adult care facility shall be self-administered, except that 16,800
medication may be administered to a resident by a home health 16,801
agency, hospice care program, or nursing home staff, MENTAL 16,802
HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 16,803
HEALTH SERVICES under division (B) of section 3722.16 of the 16,805
Revised Code. Members of the staff of an adult care facility 16,806
shall not administer medication to residents. No person shall be 16,807
admitted to or retained by an adult care facility unless the 16,808
person is capable of taking his THE PERSON'S own medication and 16,809
biologicals, as determined in writing by the person's personal 16,811
physician, except that a person may be admitted to or retained by 16,812
such a facility if his THE PERSON'S medication is administered by 16,814
a home health agency, hospice care program, or nursing home 16,815
staff, MENTAL HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, 16,816
AND MENTAL HEALTH SERVICES under division (B) of section 3722.16 16,818
of the Revised Code. Members of the staff of an adult care 16,819
facility may do any of the following:
(A) Remind a resident when to take medication and watch to 16,821
ensure that the resident follows the directions on the container; 16,822
(B) Assist a resident in the self-administration of 16,824
386
medication by taking the medication from the locked area where it 16,825
is stored, in accordance with rules adopted by the public health 16,826
council pursuant to this chapter, and handing it to the resident. 16,827
If the resident is physically unable to open the container, a 16,828
staff member may open the container for the resident. 16,829
(C) Assist a physically impaired but mentally alert 16,831
resident, such as a resident with arthritis, cerebral palsy, or 16,832
Parkinson's disease, in removing oral or topical medication from 16,833
containers and in consuming or applying the medication, upon 16,834
request by or with the consent of the resident. If a resident is 16,835
physically unable to place a dose of medicine to his THE 16,836
RESIDENT'S mouth without spilling it, a staff member may place 16,838
the dose in a container and place the container to the mouth of 16,839
the resident.
Sec. 3722.10. (A) The public health council shall have 16,848
the exclusive authority to adopt and shall, not later than 16,849
November 15, 1991, adopt rules in accordance with Chapter 119. of 16,850
the Revised Code governing the licensing and operation of adult 16,851
care facilities. The rules shall specify: 16,852
(1) Procedures for the issuance, renewal, and revocation 16,854
of licenses and temporary licenses, for the granting and denial 16,855
of waivers, and for the issuance and termination of orders of 16,856
suspension of admission pursuant to section 3722.07 of the 16,857
Revised Code; 16,858
(2) The qualifications required for owners, managers, and 16,860
employees of adult care facilities, including character, 16,861
training, education, experience, and financial resources and the 16,862
number of staff members required in a facility; 16,863
(3) Adequate space, equipment, safety, and sanitation 16,865
standards for the premises of adult care facilities, and fire 16,866
protection standards for adult family homes as required by 16,867
section 3722.041 of the Revised Code; 16,868
(4) The personal, social, dietary, and recreational 16,870
services to be provided to each resident of adult care 16,872
387
facilities. In the case of an adult care facility providing
personal care services to one or more individuals with mental 16,873
illness or with severe mental disabilities who are referred by or 16,874
are receiving mental health services from a mental health agency, 16,875
as defined in section 5119.22 of the Revised Code, the rules 16,876
shall require an affiliation agreement between the adult care 16,878
facility and the community mental health board or an affiliation 16,880
agreement approved by the community mental health board between 16,881
the adult care facility and the mental health agency. The 16,883
affiliation agreement must be consistent with the residential 16,884
portion of the community mental health plan submitted pursuant to 16,885
section 340.03 of the Revised Code.; 16,886
(5) Rights of residents of adult care facilities, in 16,888
addition to the rights enumerated under section 3722.12 of the 16,889
Revised Code, and procedures to protect and enforce the rights of 16,890
these residents; 16,891
(6) Provisions for keeping records of residents and for 16,893
maintaining the confidentiality of the records as required by 16,894
division (B) of section 3722.12 of the Revised Code. The 16,895
provisions for maintaining the confidentiality of records shall, 16,896
at the minimum, meet the requirements for maintaining the 16,897
confidentiality of records under Title XIX of the "Social 16,898
Security Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and 16,899
regulations promulgated thereunder. 16,900
(7) Measures to be taken by adult care facilities relative 16,902
to residents' medication, including policies and procedures 16,903
concerning medication, storage of medication in a locked area, 16,904
and disposal of medication and assistance with 16,905
self-administration of medication, if the facility provides 16,906
assistance; 16,907
(8) Requirements for initial and periodic health 16,909
assessments of prospective and current adult care facility 16,910
residents by physicians or other health professionals to ensure 16,911
that they do not require a level of care beyond that which is 16,912
388
provided by the adult care facility, including assessment of 16,913
their capacity to self-administer the medications prescribed for 16,914
them; 16,915
(9) Requirements relating to preparation of special diets; 16,917
(10) The amount of the fees for new and renewal license 16,919
applications made pursuant to sections 3722.02 and 3722.04 of the 16,920
Revised Code; 16,921
(11) Measures to be taken by any employee of the state or 16,923
any political subdivision of the state authorized by this chapter 16,924
to enter an adult care facility to inspect the facility or for 16,925
any other purpose, to ensure that the employee respects the 16,926
privacy and dignity of residents of the facility, cooperates with 16,927
residents of the facility and behaves in a congenial manner 16,928
toward them, and protects the rights of residents; 16,929
(12) HOW AN OWNER OR MANAGER OF AN ADULT CARE FACILITY IS 16,933
TO COMPLY WITH SECTION 3722.18 OF THE REVISED CODE. THE RULES
SHALL DO AT LEAST BOTH OF THE FOLLOWING: 16,934
(a) ESTABLISH THE PROCEDURES AN OWNER OR MANAGER IS TO 16,936
FOLLOW UNDER DIVISION (A)(2) OF SECTION 3722.18 OF THE REVISED 16,937
CODE REGARDING REFERRALS TO THE FACILITY OF PROSPECTIVE RESIDENTS 16,938
WITH MENTAL ILLNESS OR SEVERE MENTAL DISABILITY AND EFFECTIVE 16,939
ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES FOR SUCH 16,940
PROSPECTIVE RESIDENTS. THE PROCEDURES MAY PROVIDE FOR ANY OF THE
FOLLOWING: 16,941
(i) THAT THE OWNER OR MANAGER SIGN WRITTEN AGREEMENTS WITH 16,943
THE MENTAL HEALTH AGENCIES AND BOARDS OF ALCOHOL, DRUG ADDICTION, 16,944
AND MENTAL HEALTH SERVICES THAT REFER SUCH PROSPECTIVE RESIDENTS 16,945
TO THE FACILITY. EACH AGREEMENT SHALL COVER ALL SUCH PROSPECTIVE 16,946
RESIDENTS REFERRED BY THE AGENCY OR BOARD WITH WHICH THE OWNER OR 16,947
MANAGER ENTERS INTO THE AGREEMENT.
(ii) THAT THE OWNER OR MANAGER AND THE MENTAL HEALTH 16,949
AGENCIES AND BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 16,950
SERVICES THAT REFER SUCH PROSPECTIVE RESIDENTS TO THE FACILITY 16,951
DEVELOP AND SIGN A PLAN FOR SERVICES FOR EACH SUCH PROSPECTIVE 16,952
389
RESIDENT;
(iii) ANY OTHER PROCESS REGARDING REFERRALS AND EFFECTIVE 16,954
ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES. 16,955
(b) SPECIFY THE DATE AN OWNER OR MANAGER MUST BEGIN TO 16,957
FOLLOW THE PROCEDURES ESTABLISHED BY DIVISION (A)(12)(a) OF THIS 16,958
SECTION. 16,959
(13) Any other rules necessary for the administration and 16,962
enforcement of this chapter. 16,963
(B) AFTER CONSULTING WITH RELEVANT CONSTITUENCIES, THE 16,965
DIRECTOR OF MENTAL HEALTH SHALL PREPARE AND SUBMIT TO THE 16,966
DIRECTOR OF HEALTH RECOMMENDATIONS FOR THE CONTENT OF RULES TO BE 16,967
ADOPTED UNDER DIVISION (A)(12) OF THIS SECTION. THE PUBLIC HEALTH 16,969
COUNCIL SHALL ADOPT THE RULES REQUIRED BY DIVISION (A)(12) OF 16,970
THIS SECTION NO LATER THAN JULY 1, 2000. 16,971
(C) The director of health shall advise adult care 16,973
facilities regarding compliance with the requirements of this 16,974
chapter and with the rules adopted pursuant to this chapter. 16,975
(C)(D) Any duty or responsibility imposed upon the 16,977
director of health by this chapter may be carried out by an 16,978
employee of the department of health. 16,979
(D)(E) Employees of the department of health may enter, 16,981
for the purposes of investigation, any institution, residence, 16,982
facility, or other structure which has been reported to the 16,983
department as, or that the department has reasonable cause to 16,984
believe is, operating as an adult care facility without a valid 16,985
license. 16,986
Sec. 3722.15. (A) Employees THE FOLLOWING MAY ENTER AN 16,995
ADULT CARE FACILITY AT ANY TIME: 16,996
(1) EMPLOYEES designated by the director of health, 16,999
employees;
(2) EMPLOYEES designated by the director of aging, 17,001
employees; 17,002
(3) EMPLOYEES designated by the attorney general, 17,005
employees;
390
(4) EMPLOYEES designated by a county department of human 17,008
services to implement sections 5101.60 to 5101.71 of the Revised 17,009
Code, and persons;
(5) PERSONS employed pursuant to division (M) of section 17,012
173.01 of the Revised Code in the long-term care facilities 17,013
ombudsman OMBUDSPERSON program may enter any adult care facility 17,015
at any time. These;
(6) EMPLOYEES OF THE DEPARTMENT OF MENTAL HEALTH 17,017
DESIGNATED BY THE DIRECTOR OF MENTAL HEALTH; 17,018
(7) EMPLOYEES OF A MENTAL HEALTH AGENCY, IF THE AGENCY HAS 17,022
A CLIENT RESIDING IN THE FACILITY;
(8) EMPLOYEES OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND 17,024
MENTAL HEALTH SERVICES, WHEN AUTHORIZED BY SECTION 340.05 OF THE 17,025
REVISED CODE OR IF AN INDIVIDUAL RECEIVING MENTAL HEALTH SERVICES 17,026
PROVIDED BY THE BOARD PURSUANT TO DIVISION (A)(6)(b) OF SECTION 17,028
340.03 OF THE REVISED CODE OR A MENTAL HEALTH AGENCY UNDER 17,029
CONTRACT WITH THE BOARD RESIDES IN THE FACILITY. 17,030
THESE employees shall be afforded access to all records of 17,034
the facility, including records pertaining to residents, and may 17,035
copy the records. Neither these employees nor the director of 17,036
health shall release, without consent, any information obtained 17,037
from the records of an adult care facility that reasonably would 17,038
tend to identify a specific resident of the facility, except as 17,039
ordered by a court of competent jurisdiction. 17,040
(B) The following persons may enter any adult care 17,042
facility during reasonable hours: 17,043
(1) A resident's sponsor; 17,045
(2) Residents' rights advocates; 17,047
(3) A resident's attorney; 17,049
(4) A minister, priest, rabbi, or other person ministering 17,051
to a resident's religious needs; 17,052
(5) A physician or other person providing health care 17,054
services to a resident; 17,055
(6) Employees authorized by county departments of human 17,057
391
services and local boards of health or health departments to 17,058
enter adult care facilities; 17,059
(7) A prospective resident and his PROSPECTIVE RESIDENT'S 17,061
sponsor. 17,062
(C) The manager of an adult care facility may require a 17,064
person seeking to enter the facility to present identification 17,065
sufficient to identify him THE PERSON as an authorized person 17,066
under this section. 17,068
Sec. 3722.16. (A) No person shall: 17,077
(1) Operate an adult care facility unless the facility is 17,079
validly licensed by the director of health under section 3722.04 17,080
of the Revised Code; 17,081
(2) Admit to an adult care facility more residents than 17,083
the number authorized in the facility's license; 17,084
(3) Admit a resident to an adult care facility after the 17,086
director has issued an order pursuant to section 3722.07 of the 17,087
Revised Code suspending admissions to the facility. Violation of 17,088
division (A)(3) of this section is cause for revocation of the 17,089
facility's license. 17,090
(4) Interfere with any authorized inspection of an adult 17,092
care facility conducted pursuant to section 3722.02 or 3722.04 of 17,093
the Revised Code; 17,094
(5) Violate any of the provisions of this chapter or any 17,096
of the rules adopted pursuant to it. 17,097
(B) No adult care facility shall provide, or admit or 17,099
retain any resident in need of, skilled nursing care unless all 17,100
of the following are the case: 17,101
(1) The care will be provided on a part-time, intermittent 17,103
basis for not more than a total of one hundred twenty days in any 17,104
twelve-month period by one or more of the following: 17,105
(a) A home health agency certified under Title XVIII of 17,107
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 17,108
as amended; 17,109
(b) A hospice care program licensed under Chapter 3712. of 17,111
392
the Revised Code; 17,112
(c) A nursing home licensed under Chapter 3721. of the 17,114
Revised Code and owned and operated by the same person and 17,115
located on the same site as the adult care facility; 17,116
(d) A MENTAL HEALTH AGENCY OR, PURSUANT TO DIVISION 17,119
(A)(6)(b) OF SECTION 340.03 OF THE REVISED CODE, A BOARD OF
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES. 17,121
(2) The staff of the home health agency, hospice care 17,123
program, or nursing home, MENTAL HEALTH AGENCY, OR BOARD OF 17,124
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES does not 17,125
train facility staff to provide the skilled nursing care; 17,127
(3) The individual to whom the skilled nursing care is 17,129
provided is suffering from a short-term illness; 17,130
(4) If the skilled nursing care is to be provided by the 17,132
nursing staff of a nursing home, all of the following are the 17,133
case: 17,134
(a) The adult care facility evaluates the individual 17,136
receiving the skilled nursing care at least once every seven days 17,137
to determine whether he THE INDIVIDUAL should be transferred to a 17,139
nursing home;
(b) The adult care facility meets at all times staffing 17,141
requirements established by rules adopted under section 3722.10 17,142
of the Revised Code; 17,143
(c) The nursing home does not include the cost of 17,145
providing skilled nursing care to the adult care facility 17,146
residents in a cost report filed under section 5111.26 of the 17,147
Revised Code; 17,148
(d) The nursing home meets at all times the nursing home 17,150
licensure staffing ratios established by rules adopted under 17,151
section 3721.04 of the Revised Code; 17,152
(e) The nursing home staff providing skilled nursing care 17,154
to adult care facility residents are registered nurses or 17,155
licensed practical nurses licensed under Chapter 4723. of the 17,156
Revised Code and meet the personnel qualifications for nursing 17,157
393
home staff established by rules adopted under section 3721.04 of 17,158
the Revised Code; 17,159
(f) The skilled nursing care is provided in accordance 17,161
with rules established for nursing homes under section 3721.04 of 17,162
the Revised Code; 17,163
(g) The nursing home meets the skilled nursing care needs 17,165
of the adult care facility residents; 17,166
(h) Using the nursing home's nursing staff does not 17,168
prevent the nursing home or adult care facility from meeting the 17,169
needs of the nursing home and adult care facility residents in a 17,170
quality and timely manner. 17,171
Notwithstanding section 3721.01 of the Revised Code, an 17,173
adult care facility in which residents receive skilled nursing 17,174
care as described in division (B) of this section is not a 17,175
nursing home. No adult care facility shall provide skilled 17,176
nursing care. 17,177
(C) A home health agency or hospice care program that 17,179
provides skilled nursing care pursuant to division (B) of this 17,180
section may not be associated with the adult care facility unless 17,181
the facility is part of a home for the aged as defined in section 17,182
5701.13 of the Revised Code or the adult care facility is owned 17,183
and operated by the same person and located on the same site as a 17,184
nursing home licensed under Chapter 3721. of the Revised Code 17,185
that is associated with the home health agency or hospice care 17,186
program. In addition, the following requirements shall be met: 17,187
(1) The adult care facility shall evaluate the individual 17,189
receiving the skilled nursing care not less than once every seven 17,190
days to determine whether he THE INDIVIDUAL should be transferred 17,192
to a nursing home; 17,193
(2) If the costs of providing the skilled nursing care are 17,195
included in a cost report filed pursuant to section 5111.26 of 17,196
the Revised Code by the nursing home that is part of the same 17,197
home for the aged, the home health agency or hospice care program 17,198
shall not seek reimbursement for the care under the medical 17,199
394
assistance program established under Chapter 5111. of the Revised 17,200
Code. 17,201
(D)(1) No person knowingly shall place or recommend 17,203
placement of any person in an adult care facility that is 17,204
operating without a license. 17,205
(2) No employee of a unit of local or state government or 17,207
a community, BOARD OF ALCOHOL, DRUG ADDICTION, AND mental health 17,209
board or SERVICES, mental health agency, OR PASSPORT 17,211
ADMINISTRATIVE AGENCY shall place or recommend placement of any 17,212
person in an adult care facility if the employee knows that the 17,213
facility cannot meet the needs of the potential resident. 17,214
(3) No person who has reason to believe that an adult care 17,216
facility is operating without a license shall fail to report this 17,217
information to the director of health. 17,218
(E) In accordance with Chapter 119. of the Revised Code, 17,221
the public health council shall adopt rules that define a 17,222
short-term illness for purposes of division (B)(3) of this 17,223
section and specify, consistent with rules pertaining to home 17,224
health care adopted by the director of human services under the 17,225
medical assistance program established under Chapter 5111. of the 17,226
Revised Code and Title XIX of the "Social Security Act," 49 Stat. 17,227
620 (1935), 42 U.S.C. 301, as amended, what constitutes a 17,228
part-time, intermittent basis for purposes of division (B)(1) of 17,229
this section. 17,230
Sec. 3722.17. (A) Any person who believes that an adult 17,239
care facility is in violation of this chapter or of any of the 17,240
rules promulgated pursuant to it may report the information to 17,241
the director of health. The director shall investigate each 17,242
report made under this section or section 3722.16 of the Revised 17,243
Code and shall inform the facility of the results of the 17,244
investigation. WHEN INVESTIGATING A REPORT MADE PURSUANT TO 17,245
SECTION 340.05 OF THE REVISED CODE, THE DIRECTOR SHALL CONSULT 17,246
WITH THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 17,247
SERVICES THAT MADE THE REPORT. The director shall keep a record 17,248
395
of the investigation and the action taken as a result of the 17,249
investigation. 17,250
The director shall not reveal, without consent, the 17,252
identity of a person who makes a report under this section or 17,253
division (D)(3) of section 3722.16 of the Revised Code, the 17,254
identity of a specific resident or residents referred to in such 17,255
a report, or any other information that could reasonably be 17,256
expected to reveal the identity of the person making the report 17,257
or the resident or residents referred to in the report, except 17,258
that the director may provide this information to a government 17,259
agency responsible for enforcing laws applying to adult care 17,260
facilities. 17,261
(B) Any person who believes that a resident's rights under 17,263
sections 3722.12 to 3722.15 of the Revised Code have been 17,264
violated may report the information to the state or regional 17,265
long-term care facilities ombudsman OMBUDSPERSON or to the 17,266
director of health. IF THE PERSON BELIEVES THAT THE RESIDENT HAS 17,267
MENTAL ILLNESS OR SEVERE MENTAL DISABILITY AND IS SUFFERING ABUSE 17,268
OR NEGLECT, THE PERSON MAY REPORT THE INFORMATION TO THE BOARD OF 17,269
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES SERVING THE 17,270
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT IN 17,271
WHICH THE ADULT CARE FACILITY IS LOCATED OR A MENTAL HEALTH 17,272
AGENCY UNDER CONTRACT WITH THE BOARD IN ADDITION TO OR INSTEAD OF
THE OMBUDSPERSON OR DIRECTOR. 17,273
(C) Any person who makes a report pursuant to division (A) 17,275
or (B) of this section or division (D)(3) of section 3722.16 of 17,276
the Revised Code or any person who participates in an 17,277
administrative or judicial proceeding resulting from such a 17,278
report is immune from any civil liability or criminal liability, 17,279
other than perjury, that might otherwise be incurred or imposed 17,280
as a result of these actions, unless the person has acted in bad 17,281
faith or with malicious purpose. 17,282
Sec. 3722.18. BEFORE AN ADULT CARE FACILITY ADMITS A 17,284
PROSPECTIVE RESIDENT WHO THE OWNER OR MANAGER OF THE FACILITY 17,285
396
KNOWS HAS BEEN ASSESSED AS HAVING A MENTAL ILLNESS OR SEVERE 17,286
MENTAL DISABILITY, THE OWNER OR MANAGER SHALL DO THE FOLLOWING IN 17,287
ACCORDANCE WITH RULES ADOPTED UNDER DIVISION (A)(12) OF SECTION 17,288
3722.10 OF THE REVISED CODE:
(A) IF THE PROSPECTIVE RESIDENT IS REFERRED TO THE 17,290
FACILITY BY A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 17,291
ADDICTION, AND MENTAL HEALTH SERVICES, DO THE FOLLOWING: 17,292
(1) EXCEPT IN AN EMERGENCY AND ONLY UNTIL THE DATE AN 17,294
OWNER OR MANAGER OF AN ADULT CARE FACILITY MUST BEGIN TO FOLLOW 17,295
PROCEDURES UNDER DIVISION (A)(2) OF THIS SECTION, ENTER INTO AN 17,296
AFFILIATION AGREEMENT WITH THE AGENCY OR BOARD. AN AFFILIATION 17,297
AGREEMENT WITH THE AGENCY IS SUBJECT TO THE BOARD'S APPROVAL. AN 17,298
AFFILIATION AGREEMENT MUST BE CONSISTENT WITH THE RESIDENTIAL 17,299
PORTION OF THE BOARD'S COMMUNITY MENTAL HEALTH PLAN SUBMITTED TO
THE DEPARTMENT OF MENTAL HEALTH UNDER SECTION 340.03 OF THE 17,300
REVISED CODE.
(2) BEGINNING ON THE DATE SPECIFIED IN RULES ADOPTED UNDER 17,302
DIVISION (A)(12) OF SECTION 3722.10 OF THE REVISED CODE, FOLLOW 17,303
PROCEDURES ESTABLISHED IN THOSE RULES REGARDING REFERRALS AND 17,304
EFFECTIVE ARRANGEMENTS FOR ONGOING MENTAL HEALTH SERVICES. 17,305
(B) IF THE PROSPECTIVE RESIDENT IS NOT REFERRED TO THE 17,307
FACILITY BY A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 17,308
ADDICTION, AND MENTAL HEALTH SERVICES, DOCUMENT THAT THE OWNER OR 17,309
MANAGER HAS OFFERED TO ASSIST THE PROSPECTIVE RESIDENT IN 17,310
OBTAINING APPROPRIATE MENTAL HEALTH SERVICES.
Sec. 3734.02. (A) The director of environmental 17,319
protection, in accordance with Chapter 119. of the Revised Code, 17,320
shall adopt and may amend, suspend, or rescind rules having 17,321
uniform application throughout the state governing solid waste 17,322
facilities and the inspections of and issuance of permits and 17,323
licenses for all solid waste facilities in order to ensure that 17,324
the facilities will be located, maintained, and operated, and 17,325
will undergo closure and post-closure care, in a sanitary manner 17,326
so as not to create a nuisance, cause or contribute to water 17,327
397
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 17,328
or 40 C.F.R. 257.3-8, as amended. The rules may include, without 17,329
limitation, financial assurance requirements for closure and 17,330
post-closure care and corrective action and requirements for 17,331
taking corrective action in the event of the surface or 17,332
subsurface discharge or migration of explosive gases or leachate 17,333
from a solid waste facility, or of ground water contamination 17,334
resulting from the transfer or disposal of solid wastes at a 17,335
facility, beyond the boundaries of any area within a facility 17,336
that is operating or is undergoing closure or post-closure care 17,337
where solid wastes were disposed of or are being disposed of. 17,338
The rules shall not concern or relate to personnel policies, 17,339
salaries, wages, fringe benefits, or other conditions of 17,340
employment of employees of persons owning or operating solid 17,341
waste facilities. The director, in accordance with Chapter 119. 17,342
of the Revised Code, shall adopt and may amend, suspend, or 17,343
rescind rules governing the issuance, modification, revocation, 17,344
suspension, or denial of variances from the director's solid 17,345
waste rules, including, without limitation, rules adopted under 17,347
this chapter governing the management of scrap tires. 17,348
Variances shall be issued, modified, revoked, suspended, or 17,350
rescinded in accordance with this division, rules adopted under 17,351
it, and Chapter 3745. of the Revised Code. The director may 17,352
order the person to whom a variance is issued to take such action 17,353
within such time as the director may determine to be appropriate 17,354
and reasonable to prevent the creation of a nuisance or a hazard 17,355
to the public health or safety or the environment. Applications 17,356
for variances shall contain such detail plans, specifications, 17,357
and information regarding objectives, procedures, controls, and 17,358
other pertinent data as the director may require. The director 17,359
shall grant a variance only if the applicant demonstrates to the 17,360
director's satisfaction that construction and operation of the 17,361
solid waste facility in the manner allowed by the variance and 17,362
any terms or conditions imposed as part of the variance will not 17,363
398
create a nuisance or a hazard to the public health or safety or 17,364
the environment. In granting any variance, the director shall 17,365
state the specific provision or provisions whose terms are to be 17,366
varied and also shall state specific terms or conditions imposed 17,367
upon the applicant in place of the provision or provisions. The 17,368
director may hold a public hearing on an application for a 17,369
variance or renewal of a variance at a location in the county 17,370
where the operations that are the subject of the application for 17,371
the variance are conducted. The director shall give not less 17,372
than twenty days' notice of the hearing to the applicant by 17,373
certified mail and shall publish at least one notice of the 17,374
hearing in a newspaper with general circulation in the county 17,375
where the hearing is to be held. The director shall make 17,376
available for public inspection at the principal office of the 17,377
environmental protection agency a current list of pending 17,378
applications for variances and a current schedule of pending 17,379
variance hearings. The director shall make a complete 17,380
stenographic record of testimony and other evidence submitted at 17,381
the hearing. Within ten days after the hearing, the director 17,382
shall make a written determination to issue, renew, or deny the 17,383
variance and shall enter the determination and the basis for it 17,384
into the record of the hearing. The director shall issue, renew, 17,385
or deny an application for a variance or renewal of a variance 17,386
within six months of the date upon which the director receives a 17,387
complete application with all pertinent information and data 17,388
required. No variance shall be issued, revoked, modified, or 17,389
denied until the director has considered the relative interests 17,390
of the applicant, other persons and property affected by the 17,391
variance, and the general public. Any variance granted under 17,392
this division shall be for a period specified by the director and 17,393
may be renewed from time to time on such terms and for such 17,394
periods as the director determines to be appropriate. No 17,395
application shall be denied and no variance shall be revoked or 17,396
modified without a written order stating the findings upon which 17,397
399
the denial, revocation, or modification is based. A copy of the 17,398
order shall be sent to the applicant or variance holder by 17,399
certified mail. 17,400
(B) The director shall prescribe and furnish the forms 17,402
necessary to administer and enforce this chapter. The director 17,403
may cooperate with and enter into agreements with other state, 17,404
local, or federal agencies to carry out the purposes of this 17,405
chapter. The director may exercise all incidental powers 17,406
necessary to carry out the purposes of this chapter. 17,407
The director may use moneys in the infectious waste 17,409
management fund created in section 3734.021 of the Revised Code 17,410
exclusively for administering and enforcing the provisions of 17,411
this chapter governing the management of infectious wastes. Of 17,412
each registration and renewal fee collected under rules adopted 17,413
under division (A)(2)(a) of section 3734.021 or under section 17,414
3734.022 of the Revised Code, the director, within forty-five 17,415
days of its receipt, shall remit from the fund one-half of the 17,416
fee received to the board of health of the health district in 17,417
which the registered premises is located, or, in the instance of 17,418
an infectious wastes transporter, to the board of health of the 17,419
health district in which the transporter's principal place of 17,420
business is located. However, if the board of health having 17,421
jurisdiction over a registrant's premises or principal place of 17,422
business is not on the approved list under section 3734.08 of the 17,423
Revised Code, the director shall not make that payment to the 17,424
board of health. 17,425
(C) Except as provided in this division and division 17,427
DIVISIONS (N)(2) AND (3) of this section, no person shall 17,428
establish a new solid waste facility or infectious waste 17,430
treatment facility, or modify an existing solid waste facility or 17,431
infectious waste treatment facility, without submitting an 17,432
application for a permit with accompanying detail plans, 17,433
specifications, and information regarding the facility and method 17,434
of operation and receiving a permit issued by the director, 17,435
400
except that no permit shall be required under this division to 17,436
install or operate a solid waste facility for sewage sludge 17,437
treatment or disposal when the treatment or disposal is 17,438
authorized by a current permit issued under Chapter 3704. or 17,439
6111. of the Revised Code.
No person shall continue to operate a solid waste facility 17,441
for which the director has denied a permit for which an 17,442
application was required under division (A)(3) of section 3734.05 17,443
of the Revised Code, or for which the director has disapproved 17,444
plans and specifications required to be filed by an order issued 17,445
under division (A)(5) of that section, after the date prescribed 17,446
for commencement of closure of the facility in the order issued 17,447
under division (A)(6) of section 3734.05 of the Revised Code 17,448
denying the permit application or approval. 17,449
On and after the effective date of the rules adopted under 17,451
division (A) of this section and division (D) of section 3734.12 17,452
of the Revised Code governing solid waste transfer facilities, no 17,453
person shall establish a new, or modify an existing, solid waste 17,454
transfer facility without first submitting an application for a 17,455
permit with accompanying engineering detail plans, 17,456
specifications, and information regarding the facility and its 17,457
method of operation to the director and receiving a permit issued 17,458
by the director. 17,459
No person shall establish a new compost facility or 17,461
continue to operate an existing compost facility that accepts 17,462
exclusively source separated yard wastes without submitting a 17,463
completed registration for the facility to the director in 17,464
accordance with rules adopted under division DIVISIONS (A) AND 17,466
(N)(3) of this section.
This division does not apply to an infectious waste 17,468
treatment facility that meets any of the following conditions: 17,469
(1) Is owned or operated by the generator of the wastes 17,471
and exclusively treats, by methods, techniques, and practices 17,472
established by rules adopted under division (C)(1) or (3) of 17,473
401
section 3734.021 of the Revised Code, wastes that are generated 17,474
at any premises owned or operated by that generator regardless of 17,475
whether the wastes are generated on the premises where the 17,476
generator's treatment facility is located or, if the generator is 17,477
a hospital as defined in section 3727.01 of the Revised Code, 17,478
infectious wastes that are described in division (A)(1)(g), (h), 17,479
or (i) of section 3734.021 of the Revised Code; 17,480
(2) Holds a license or renewal of a license to operate a 17,482
crematory facility issued under Chapter 4717. and a permit issued 17,484
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, 17,486
or the blood of animals, and is subject to any of the following: 17,487
(a) Inspection under the "Federal Meat Inspection Act," 81 17,489
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 17,490
(b) Chapter 918. of the Revised Code; 17,492
(c) Chapter 953. of the Revised Code. 17,494
(D) Neither this chapter nor any rules adopted under it 17,496
apply to single-family residential premises; to infectious wastes 17,497
generated by individuals for purposes of their own care or 17,498
treatment that are disposed of with solid wastes from the 17,499
individual's residence; to the temporary storage of solid wastes, 17,500
other than scrap tires, prior to their collection for disposal; 17,501
to the storage of one hundred or fewer scrap tires unless they 17,502
are stored in such a manner that, in the judgment of the director 17,503
or the board of health of the health district in which the scrap 17,504
tires are stored, the storage causes a nuisance, a hazard to 17,505
public health or safety, or a fire hazard; or to the collection 17,506
of solid wastes, other than scrap tires, by a political 17,507
subdivision or a person holding a franchise or license from a 17,508
political subdivision of the state; to composting, as defined in 17,509
section 1511.01 of the Revised Code, conducted in accordance with 17,510
section 1511.022 of the Revised Code; or to any person who is 17,511
licensed to transport raw rendering material to a compost 17,512
facility pursuant to section 953.23 of the Revised Code. 17,513
402
(E)(1) As used in this division and section 3734.18 of the 17,515
Revised Code: 17,516
(a) "On-site facility" means a facility that stores, 17,518
treats, or disposes of hazardous waste that is generated on the 17,519
premises of the facility. 17,520
(b) "Off-site facility" means a facility that stores, 17,522
treats, or disposes of hazardous waste that is generated off the 17,523
premises of the facility and includes such a facility that is 17,524
also an on-site facility. 17,525
(c) "Satellite facility" means any of the following: 17,527
(i) An on-site facility that also receives hazardous waste 17,529
from other premises owned by the same person who generates the 17,530
waste on the facility premises; 17,531
(ii) An off-site facility operated so that all of the 17,533
hazardous waste it receives is generated on one or more premises 17,534
owned by the person who owns the facility; 17,535
(iii) An on-site facility that also receives hazardous 17,537
waste that is transported uninterruptedly and directly to the 17,538
facility through a pipeline from a generator who is not the owner 17,539
of the facility. 17,540
(2) Except as provided in division (E)(3) of this section, 17,543
no person shall establish or operate a hazardous waste facility, 17,544
or use a solid waste facility for the storage, treatment, or 17,545
disposal of any hazardous waste, without a hazardous waste 17,546
facility installation and operation permit from the hazardous 17,547
waste facility board issued in accordance with section 3734.05 of 17,548
the Revised Code and subject to the payment of an application fee 17,549
not to exceed one thousand five hundred dollars, payable upon 17,550
application for a hazardous waste facility installation and 17,551
operation permit and upon application for a renewal permit issued 17,552
under division (H) of section 3734.05 of the Revised Code, to be 17,553
credited to the hazardous waste facility management fund created 17,554
in section 3734.18 of the Revised Code. The term of a hazardous 17,555
waste facility installation and operation permit shall not exceed 17,556
403
five years.
In addition to the application fee, there is hereby levied 17,558
an annual permit fee to be paid by the permit holder upon the 17,559
anniversaries of the date of issuance of the hazardous waste 17,560
facility installation and operation permit and of any subsequent 17,561
renewal permits and to be credited to the hazardous waste 17,562
facility management fund. Annual permit fees totaling forty 17,563
thousand dollars or more for any one facility may be paid on a 17,564
quarterly basis with the first quarterly payment each year being 17,565
due on the anniversary of the date of issuance of the hazardous 17,566
waste facility installation and operation permit and of any 17,567
subsequent renewal permits. The annual permit fee shall be 17,568
determined for each permit holder by the director in accordance 17,569
with the following schedule: 17,570
TYPE OF BASIC 17,572
MANAGEMENT UNIT TYPE OF FACILITY FEE 17,574
Storage facility using: 17,575
Containers On-site, off-site, and 17,576
satellite $ 500 17,577
Tanks On-site, off-site, and 17,578
satellite 500 17,579
Waste pile On-site, off-site, and 17,580
satellite 3,000 17,581
Surface impoundment On-site and satellite 8,000 17,582
Off-site 10,000 17,583
Disposal facility using: 17,584
Deep well injection On-site and satellite 15,000 17,585
Off-site 25,000 17,586
Landfill On-site and satellite 25,000 17,587
Off-site 40,000 17,588
Land application On-site and satellite 2,500 17,589
Off-site 5,000 17,590
Surface impoundment On-site and satellite 10,000 17,591
Off-site 20,000 17,592
404
Treatment facility using: 17,593
Tanks On-site, off-site, and 17,594
satellite 700 17,595
Surface impoundment On-site and satellite 8,000 17,596
Off-site 10,000 17,597
Incinerator On-site and satellite 5,000 17,598
Off-site 17,599
Other forms 17,600
of treatment On-site, off-site, and 17,601
satellite 1,000 17,602
In determining the annual permit fee required by this 17,605
section, the director shall not require additional payments for 17,606
multiple units of the same method of storage, treatment, or 17,607
disposal or for individual units that are used for both storage 17,608
and treatment. A facility using more than one method of storage, 17,609
treatment, or disposal shall pay the permit fee indicated by the 17,610
schedule for each such method. 17,611
The director shall not require the payment of that portion 17,613
of an annual permit fee of any permit holder that would apply to 17,614
a hazardous waste management unit for which a permit has been 17,615
issued, but for which construction has not yet commenced. Once 17,616
construction has commenced, the director shall require the 17,617
payment of a part of the appropriate fee indicated by the 17,618
schedule that bears the same relationship to the total fee that 17,619
the number of days remaining until the next anniversary date at 17,620
which payment of the annual permit fee is due bears to three 17,621
hundred sixty-five. 17,622
The director, by rules adopted in accordance with Chapters 17,624
119. and 3745. of the Revised Code, shall prescribe procedures 17,625
for collecting the annual permit fee established by this division 17,626
and may prescribe other requirements necessary to carry out this 17,627
division. 17,628
(3) The prohibition against establishing or operating a 17,630
hazardous waste facility without a hazardous waste facility 17,632
405
installation and operation permit from the board does not apply 17,634
to either of the following:
(a) A facility that is operating in accordance with a 17,636
permit renewal issued under division (H) of section 3734.05 of 17,638
the Revised Code, a revision issued under division (I) of that 17,640
section as it existed prior to August 20, 1996, or a modification 17,642
issued by the director under division (I) of that section on and 17,643
after August 20, 1996; 17,644
(b) Except as provided in division (J) of section 3734.05 17,647
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 17,649
permit requirements, under rules adopted by the director. In 17,650
accordance with Chapter 119. of the Revised Code, the director 17,653
shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division (E)(3)(b) of this section. 17,655
Any rules so adopted shall be consistent with and equivalent to 17,656
regulations pertaining to interim status adopted under the 17,657
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 17,659
42 U.S.C.A. 6921, as amended, except as otherwise provided in 17,661
this chapter.
If a modification is requested or proposed for a facility 17,663
described in division (E)(3)(a) or (b) of this section, division 17,665
(I)(8) of section 3734.05 of the Revised Code applies. 17,666
(F) No person shall store, treat, or dispose of hazardous 17,668
waste identified or listed under this chapter and rules adopted 17,669
under it, regardless of whether generated on or off the premises 17,670
where the waste is stored, treated, or disposed of, or transport 17,671
or cause to be transported any hazardous waste identified or 17,672
listed under this chapter and rules adopted under it to any other 17,673
premises, except at or to any of the following: 17,674
(1) A hazardous waste facility operating under a permit 17,676
issued in accordance with this chapter; 17,677
(2) A facility in another state operating under a license 17,679
or permit issued in accordance with the "Resource Conservation 17,680
406
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 17,681
amended; 17,682
(3) A facility in another nation operating in accordance 17,684
with the laws of that nation; 17,685
(4) A facility holding a permit issued pursuant to Title I 17,687
of the "Marine Protection, Research, and Sanctuaries Act of 17,688
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; 17,689
(5) A hazardous waste facility as described in division 17,691
(E)(3)(a) or (b) of this section. 17,692
(G) The director, by order, may exempt any person 17,694
generating, collecting, storing, treating, disposing of, or 17,695
transporting solid wastes or hazardous waste, or processing solid 17,696
wastes that consist of scrap tires, in such quantities or under 17,697
such circumstances that, in the determination of the director, 17,698
are unlikely to adversely affect the public health or safety or 17,699
the environment from any requirement to obtain a registration 17,700
certificate, permit, or license or comply with the manifest 17,701
system or other requirements of this chapter. Such an exemption 17,702
shall be consistent with and equivalent to any regulations 17,703
adopted by the administrator of the United States environmental 17,704
protection agency under the "Resource Conservation and Recovery 17,705
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except 17,706
as otherwise provided in this chapter. 17,707
(H) No person shall engage in filling, grading, 17,709
excavating, building, drilling, or mining on land where a 17,710
hazardous waste facility, or a solid waste facility, was operated 17,711
without prior authorization from the director, who shall 17,712
establish the procedure for granting such authorization by rules 17,713
adopted in accordance with Chapter 119. of the Revised Code. 17,714
A public utility that has main or distribution lines above 17,716
or below the land surface located on an easement or right-of-way 17,717
across land where a solid waste facility was operated may engage 17,718
in any such activity within the easement or right-of-way without 17,719
prior authorization from the director for purposes of performing 17,720
407
emergency repair or emergency replacement of its lines; of the 17,721
poles, towers, foundations, or other structures supporting or 17,722
sustaining any such lines; or of the appurtenances to those 17,723
structures, necessary to restore or maintain existing public 17,724
utility service. A public utility may enter upon any such 17,725
easement or right-of-way without prior authorization from the 17,726
director for purposes of performing necessary or routine 17,727
maintenance of those portions of its existing lines; of the 17,728
existing poles, towers, foundations, or other structures 17,729
sustaining or supporting its lines; or of the appurtenances to 17,730
any such supporting or sustaining structure, located on or above 17,731
the land surface on any such easement or right-of-way. Within 17,732
twenty-four hours after commencing any such emergency repair, 17,733
replacement, or maintenance work, the public utility shall notify 17,735
the director or the director's authorized representative of those 17,736
activities and shall provide such information regarding those 17,737
activities as the director or the director's representative may 17,739
request. Upon completion of the emergency repair, replacement, 17,740
or maintenance activities, the public utility shall restore any 17,741
land of the solid waste facility disturbed by those activities to 17,742
the condition existing prior to the commencement of those 17,743
activities. 17,744
(I) No owner or operator of a hazardous waste facility, in 17,746
the operation of the facility, shall cause, permit, or allow the 17,747
emission therefrom of any particulate matter, dust, fumes, gas, 17,748
mist, smoke, vapor, or odorous substance that, in the opinion of 17,749
the director, unreasonably interferes with the comfortable 17,750
enjoyment of life or property by persons living or working in the 17,751
vicinity of the facility, or that is injurious to public health. 17,752
Any such action is hereby declared to be a public nuisance. 17,753
(J) Notwithstanding any other provision of this chapter, 17,755
in the event the director finds an imminent and substantial 17,756
danger to public health or safety or the environment that creates 17,757
an emergency situation requiring the immediate treatment, 17,758
408
storage, or disposal of hazardous waste, the director may issue a 17,759
temporary emergency permit to allow the treatment, storage, or 17,760
disposal of the hazardous waste at a facility that is not 17,761
otherwise authorized by a hazardous waste facility installation 17,762
and operation permit to treat, store, or dispose of the waste. 17,763
The emergency permit shall not exceed ninety days in duration and 17,764
shall not be renewed. The director shall adopt, and may amend, 17,765
suspend, or rescind, rules in accordance with Chapter 119. of the 17,766
Revised Code governing the issuance, modification, revocation, 17,767
and denial of emergency permits. 17,768
(K) No owner or operator of a sanitary landfill shall 17,770
knowingly accept for disposal, or dispose of, any infectious 17,771
wastes, other than those subject to division (A)(1)(c) of section 17,772
3734.021 of the Revised Code, that have not been treated to 17,773
render them noninfectious. For the purposes of this division, 17,774
certification by the owner or operator of the treatment facility 17,775
where the wastes were treated on the shipping paper required by 17,776
rules adopted under division (D)(2) of that section creates a 17,777
rebuttable presumption that the wastes have been so treated. 17,778
(L) The director, in accordance with Chapter 119. of the 17,780
Revised Code, shall adopt, and may amend, suspend, or rescind, 17,781
rules having uniform application throughout the state 17,782
establishing a training and certification program that shall be 17,783
required for employees of boards of health who are responsible 17,784
for enforcing the solid waste and infectious waste provisions of 17,785
this chapter and rules adopted under them and for persons who are 17,786
responsible for the operation of solid waste facilities or 17,787
infectious waste treatment facilities. The rules shall provide 17,788
all of the following, without limitation: 17,789
(1) The program shall be administered by the director and 17,791
shall consist of a course on new solid waste and infectious waste 17,792
technologies, enforcement procedures, and rules; 17,793
(2) The course shall be offered on an annual basis; 17,795
(3) Those persons who are required to take the course 17,797
409
under division (L) of this section shall do so triennially; 17,798
(4) Persons who successfully complete the course shall be 17,800
certified by the director; 17,801
(5) Certification shall be required for all employees of 17,803
boards of health who are responsible for enforcing the solid 17,804
waste or infectious waste provisions of this chapter and rules 17,805
adopted under them and for all persons who are responsible for 17,806
the operation of solid waste facilities or infectious waste 17,807
treatment facilities; 17,808
(6)(a) All employees of a board of health who, on the 17,810
effective date of the rules adopted under this division, are 17,811
responsible for enforcing the solid waste or infectious waste 17,812
provisions of this chapter and the rules adopted under them shall 17,813
complete the course and be certified by the director not later 17,814
than January 1, 1995; 17,815
(b) All employees of a board of health who, after the 17,817
effective date of the rules adopted under division (L) of this 17,819
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted 17,821
under them and who do not hold a current and valid certification 17,822
from the director at that time shall complete the course and be 17,823
certified by the director within two years after becoming 17,824
responsible for performing those activities. 17,825
No person shall fail to obtain the certification required 17,827
under this division. 17,828
(M) The director shall not issue a permit under section 17,830
3734.05 of the Revised Code to establish a solid waste facility, 17,831
or to modify a solid waste facility operating on December 21, 17,832
1988, in a manner that expands the disposal capacity or 17,833
geographic area covered by the facility, that is or is to be 17,834
located within the boundaries of a state park established or 17,835
dedicated under Chapter 1541. of the Revised Code, a state park 17,836
purchase area established under section 1541.02 of the Revised 17,837
Code, any unit of the national park system, or any property that 17,838
410
lies within the boundaries of a national park or recreation area, 17,839
but that has not been acquired or is not administered by the 17,840
secretary of the United States department of the interior, 17,841
located in this state, or any candidate area located in this 17,842
state and identified for potential inclusion in the national park 17,843
system in the edition of the "national park system plan" 17,844
submitted under paragraph (b) of section 8 of "The Act of August 17,845
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at 17,846
the time of filing of the application for the permit, unless the 17,847
facility or proposed facility is or is to be used exclusively for 17,848
the disposal of solid wastes generated within the park or 17,849
recreation area and the director determines that the facility or 17,850
proposed facility will not degrade any of the natural or cultural 17,851
resources of the park or recreation area. The director shall not 17,852
issue a variance under division (A) of this section and rules 17,853
adopted under it, or issue an exemption order under division (G) 17,854
of this section, that would authorize any such establishment or 17,855
expansion of a solid waste facility within the boundaries of any 17,856
such park or recreation area, state park purchase area, or 17,857
candidate area, other than a solid waste facility exclusively for 17,858
the disposal of solid wastes generated within the park or 17,859
recreation area when the director determines that the facility 17,860
will not degrade any of the natural or cultural resources of the 17,861
park or recreation area. 17,862
(N)(1) The rules adopted under division (A) of this 17,864
section, other than those governing variances, do not apply to 17,865
scrap tire collection, storage, monocell, monofill, and recovery 17,866
facilities. Those facilities are subject to and governed by 17,867
rules adopted under sections 3734.70 to 3734.73 of the Revised 17,868
Code, as applicable. 17,869
(2) Division (C) of this section does not apply to scrap 17,871
tire collection, storage, monocell, monofill, and recovery 17,872
facilities. The establishment and modification of those 17,873
facilities are subject to sections 3734.75 to 3734.78 and section 17,874
411
3734.81 of the Revised Code, as applicable. 17,875
(3) THE DIRECTOR MAY ADOPT, AMEND, SUSPEND, OR RESCIND 17,877
RULES UNDER DIVISION (A) OF THIS SECTION CREATING AN ALTERNATIVE 17,879
SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, OR 17,880
MODIFICATION OF A SOLID WASTE COMPOST FACILITY IN LIEU OF THE 17,881
REQUIREMENT THAT A PERSON SEEKING TO ESTABLISH, OPERATE, OR 17,882
MODIFY A SOLID WASTE COMPOST FACILITY APPLY FOR AND RECEIVE A 17,883
PERMIT UNDER DIVISION (C) OF THIS SECTION AND SECTION 3734.05 OF 17,884
THE REVISED CODE AND A LICENSE UNDER DIVISION (A)(1) OF THAT 17,886
SECTION. THE RULES MAY INCLUDE REQUIREMENTS GOVERNING, WITHOUT 17,887
LIMITATION, THE CLASSIFICATION OF SOLID WASTE COMPOST FACILITIES, 17,889
THE SUBMITTAL OF OPERATING RECORDS FOR SOLID WASTE COMPOST 17,890
FACILITIES, AND THE CREATION OF A REGISTRATION OR NOTIFICATION 17,891
SYSTEM IN LIEU OF THE ISSUANCE OF PERMITS AND LICENSES FOR SOLID 17,892
WASTE COMPOST FACILITIES. THE RULES SHALL SPECIFY THE 17,893
APPLICABILITY OF DIVISIONS (A)(1), (2)(a), (3), AND (4) OF 17,895
SECTION 3734.05 OF THE REVISED CODE TO A SOLID WASTE COMPOST 17,896
FACILITY.
Sec. 3734.05. (A)(1) Except as provided in divisions 17,905
(A)(4), (8), and (9) of this section, no person shall operate or 17,907
maintain a solid waste facility without a license issued under
this division by the board of health of the health district in 17,908
which the facility is located or by the director of environmental 17,909
protection when the health district in which the facility is 17,910
located is not on the approved list under section 3734.08 of the 17,911
Revised Code. 17,912
During the month of December, but before the first day of 17,914
January of the next year, every person proposing to continue to 17,915
operate an existing solid waste facility shall procure a license 17,916
under this division to operate the facility for that year from 17,917
the board of health of the health district in which the facility 17,918
is located or, if the health district is not on the approved list 17,919
under section 3734.08 of the Revised Code, from the director. 17,920
The application for such a license shall be submitted to the 17,921
412
board of health or to the director, as appropriate, on or before 17,922
the last day of September of the year preceding that for which 17,923
the license is sought. In addition to the application fee 17,924
prescribed in division (A)(2) of this section, a person who 17,925
submits an application after that date shall pay an additional 17,926
ten per cent of the amount of the application fee for each week 17,927
that the application is late. Late payment fees accompanying an 17,928
application submitted to the board of health shall be credited to 17,929
the special fund of the health district created in division (B) 17,930
of section 3734.06 of the Revised Code, and late payment fees 17,931
accompanying an application submitted to the director shall be 17,932
credited to the general revenue fund. A person who has received 17,933
a license, upon sale or disposition of a solid waste facility, 17,934
and upon consent of the board of health and the director, may 17,935
have the license transferred to another person. The board of 17,936
health or the director may include such terms and conditions in a 17,937
license or revision to a license as are appropriate to ensure 17,938
compliance with this chapter and rules adopted under it. The 17,939
terms and conditions may establish the authorized maximum daily 17,940
waste receipts for the facility. Limitations on maximum daily 17,941
waste receipts shall be specified in cubic yards of volume for 17,942
the purpose of regulating the design, construction, and operation 17,943
of solid waste facilities. Terms and conditions included in a 17,944
license or revision to a license by a board of health shall be 17,945
consistent with, and pertain only to the subjects addressed in, 17,946
the rules adopted under division (A) of section 3734.02 and 17,947
division (D) of section 3734.12 of the Revised Code. 17,948
(2)(a) Except as provided in divisions (A)(2)(b), (8), and 17,950
(9) of this section, each person proposing to open a new solid 17,952
waste facility or to modify an existing solid waste facility 17,953
shall submit an application for a permit with accompanying detail 17,954
plans and specifications to the environmental protection agency 17,955
for required approval under the rules adopted by the director 17,956
pursuant to division (A) of section 3734.02 of the Revised Code 17,957
413
and applicable rules adopted under division (D) of section 17,958
3734.12 of the Revised Code at least two hundred seventy days 17,959
before proposed operation of the facility and shall concurrently 17,960
make application for the issuance of a license under division 17,961
(A)(1) of this section with the board of health of the health 17,962
district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted 17,964
under division (A) of section 3734.02 of the Revised Code and 17,965
division (D) of section 3734.12 of the Revised Code governing 17,966
solid waste transfer facilities, each person proposing to open a 17,967
new solid waste transfer facility or to modify an existing solid 17,968
waste transfer facility shall submit an application for a permit 17,969
with accompanying engineering detail plans, specifications, and 17,970
information regarding the facility and its method of operation to 17,971
the environmental protection agency for required approval under 17,972
those rules at least two hundred seventy days before commencing 17,973
proposed operation of the facility and concurrently shall make 17,974
application for the issuance of a license under division (A)(1) 17,975
of this section with the board of health of the health district 17,976
in which the facility is located or proposed. 17,977
(c) Each application for a permit under division (A)(2)(a) 17,979
or (b) of this section shall be accompanied by a nonrefundable 17,980
application fee of four hundred dollars that shall be credited to 17,981
the general revenue fund. Each application for an annual license 17,982
under division (A)(1) or (2) of this section shall be accompanied 17,983
by a nonrefundable application fee of one hundred dollars. If 17,984
the application for an annual license is submitted to a board of 17,985
health on the approved list under section 3734.08 of the Revised 17,986
Code, the application fee shall be credited to the special fund 17,987
of the health district created in division (B) of section 3734.06 17,988
of the Revised Code. If the application for an annual license is 17,989
submitted to the director, the application fee shall be credited 17,990
to the general revenue fund. If a permit or license is issued, 17,991
the amount of the application fee paid shall be deducted from the 17,992
414
amount of the permit fee due under division (Q) of section 17,994
3745.11 of the Revised Code or the amount of the license fee due 17,995
under division (A)(1), (2), (3), or (4) of section 3734.06 of the 17,996
Revised Code. 17,997
(d) As used in divisions (A)(2)(d), (e), and (f) of this 17,999
section, "modify" means any of the following: 18,000
(i) Any increase of more than ten per cent in the total 18,002
capacity of a solid waste facility; 18,003
(ii) Any expansion of the limits of solid waste placement 18,005
at a solid waste facility; 18,006
(iii) Any increase in the depth of excavation at a solid 18,008
waste facility; 18,009
(iv) Any change in the technique of waste receipt or type 18,011
of waste received at a solid waste facility that may endanger 18,012
human health, as determined by the director by rules adopted in 18,013
accordance with Chapter 119. of the Revised Code. 18,014
Not later than thirty-five days after submitting an 18,016
application under division (A)(2)(a) or (b) of this section for a 18,017
permit to open a new or modify an existing solid waste facility, 18,018
the applicant, in conjunction with an officer or employee of the 18,019
environmental protection agency, shall hold a public meeting on 18,020
the application within the county in which the new or modified 18,021
solid waste facility is or is proposed to be located or within a 18,022
contiguous county. Not less than thirty days before holding the 18,023
public meeting on the application, the applicant shall publish 18,024
notice of the meeting in each newspaper of general circulation 18,025
that is published in the county in which the facility is or is 18,026
proposed to be located. If no newspaper of general circulation 18,027
is published in the county, the applicant shall publish the 18,028
notice in a newspaper of general circulation in the county. The 18,029
notice shall contain the date, time, and location of the public 18,030
meeting and a general description of the proposed new or modified 18,031
facility. Not later than five days after publishing the notice, 18,032
the applicant shall send by certified mail a copy of the notice 18,033
415
and the date the notice was published to the director and the 18,034
legislative authority of each municipal corporation, township, 18,035
and county, and to the chief executive officer of each municipal 18,036
corporation, in which the facility is or is proposed to be 18,037
located. At the public meeting, the applicant shall provide 18,038
information and describe the application and respond to comments 18,039
or questions concerning the application, and the officer or 18,040
employee of the agency shall describe the permit application 18,041
process. At the public meeting, any person may submit written or 18,042
oral comments on or objections to the application. Not more than 18,043
thirty days after the public meeting, the applicant shall provide 18,044
the director with a copy of a transcript of the full meeting, 18,045
copies of any exhibits, displays, or other materials presented by 18,046
the applicant at the meeting, and the original copy of any 18,047
written comments submitted at the meeting. 18,048
(e) Except as provided in division (A)(2)(f) of this 18,050
section, prior to taking an action, other than a proposed or 18,051
final denial, upon an application submitted under division 18,052
(A)(2)(a) of this section for a permit to open a new or modify an 18,053
existing solid waste facility, the director shall hold a public 18,054
information session and a public hearing on the application 18,055
within the county in which the new or modified solid waste 18,056
facility is or is proposed to be located or within a contiguous 18,057
county. If the application is for a permit to open a new solid 18,058
waste facility, the director shall hold the hearing not less than 18,059
fourteen days after the information session. If the application 18,060
is for a permit to modify an existing solid waste facility, the 18,061
director may hold both the information session and the hearing on 18,062
the same day unless any individual affected by the application 18,063
requests in writing that the information session and the hearing 18,064
not be held on the same day, in which case the director shall 18,065
hold the hearing not less than fourteen days after the 18,066
information session. The director shall publish notice of the 18,067
public information session or public hearing not less than thirty 18,068
416
days before holding the information session or hearing, as 18,069
applicable. The notice shall be published in each newspaper of 18,070
general circulation that is published in the county in which the 18,071
facility is or is proposed to be located. If no newspaper of 18,072
general circulation is published in the county, the director 18,073
shall publish the notice in a newspaper of general circulation in 18,074
the county. The notice shall contain the date, time, and 18,075
location of the information session or hearing, as applicable, 18,076
and a general description of the proposed new or modified 18,077
facility. At the public information session, an officer or 18,078
employee of the environmental protection agency shall describe 18,079
the status of the permit application and be available to respond 18,080
to comments or questions concerning the application. At the 18,081
public hearing, any person may submit written or oral comments on 18,082
or objections to the approval of the application. The applicant, 18,083
or a representative of the applicant who has knowledge of the 18,084
location, construction, and operation of the facility, shall 18,085
attend the information session and public hearing to respond to 18,086
comments or questions concerning the facility directed to the 18,087
applicant or representative by the officer or employee of the 18,089
environmental protection agency presiding at the information 18,090
session and hearing.
(f) The solid waste management policy committee of a 18,092
county or joint solid waste management district may adopt a 18,093
resolution requesting expeditious consideration of a specific 18,094
application submitted under division (A)(2)(a) of this section 18,095
for a permit to modify an existing solid waste facility within 18,096
the district. The resolution shall make the finding that 18,097
expedited consideration of the application without the public 18,098
information session and public hearing under division (A)(2)(e) 18,099
of this section is in the public interest and will not endanger 18,100
human health, as determined by the director by rules adopted in 18,101
accordance with Chapter 119. of the Revised Code. Upon receiving 18,102
such a resolution, the director, at the director's discretion, 18,104
417
may issue a final action upon the application without holding a 18,105
public information session or public hearing pursuant to division 18,106
(A)(2)(e) of this section. 18,107
(3) Except as provided in division (A)(10) of this 18,109
section, and unless the owner or operator of any solid waste 18,110
facility, other than a solid waste transfer facility or a compost 18,111
facility that accepts exclusively source separated yard wastes, 18,112
that commenced operation on or before July 1, 1968, has obtained 18,113
an exemption from the requirements of division (A)(3) of this 18,114
section in accordance with division (G) of section 3734.02 of the 18,115
Revised Code, the owner or operator shall submit to the director 18,117
an application for a permit with accompanying engineering detail 18,118
plans, specifications, and information regarding the facility and 18,119
its method of operation for approval under rules adopted under 18,120
division (A) of section 3734.02 of the Revised Code and 18,121
applicable rules adopted under division (D) of section 3734.12 of 18,122
the Revised Code in accordance with the following schedule: 18,123
(a) Not later than September 24, 1988, if the facility is 18,125
located in the city of Garfield Heights or Parma in Cuyahoga 18,126
county; 18,127
(b) Not later than December 24, 1988, if the facility is 18,129
located in Delaware, Greene, Guernsey, Hamilton, Madison, 18,130
Mahoning, Ottawa, or Vinton county; 18,131
(c) Not later than March 24, 1989, if the facility is 18,133
located in Champaign, Clinton, Columbiana, Huron, Paulding, 18,134
Stark, or Washington county, or is located in the city of 18,135
Brooklyn or Cuyahoga Heights in Cuyahoga county; 18,136
(d) Not later than June 24, 1989, if the facility is 18,138
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 18,139
Lucas, or Summit county or is located in Cuyahoga county outside 18,140
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga 18,141
Heights; 18,142
(e) Not later than September 24, 1989, if the facility is 18,144
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 18,145
418
county; 18,146
(f) Not later than December 24, 1989, if the facility is 18,148
located in a county not listed in divisions (A)(3)(a) to (e) of 18,149
this section; 18,150
(g) Notwithstanding divisions (A)(3)(a) to (f) of this 18,152
section, not later than December 31, 1990, if the facility is a 18,153
solid waste facility owned by a generator of solid wastes when 18,154
the solid waste facility exclusively disposes of solid wastes 18,155
generated at one or more premises owned by the generator 18,156
regardless of whether the facility is located on a premises where 18,157
the wastes are generated and if the facility disposes of more 18,158
than one hundred thousand tons of solid wastes per year, provided 18,159
that any such facility shall be subject to division (A)(5) of 18,160
this section. 18,161
(4) Except as provided in divisions (A)(8), (9), and (10) 18,163
of this section, unless the owner or operator of any solid waste 18,165
facility for which a permit was issued after July 1, 1968, but 18,166
before January 1, 1980, has obtained an exemption from the 18,167
requirements of division (A)(4) of this section under division 18,168
(G) of section 3734.02 of the Revised Code, the owner or operator 18,170
shall submit to the director an application for a permit with 18,171
accompanying engineering detail plans, specifications, and 18,172
information regarding the facility and its method of operation 18,173
for approval under those rules. 18,174
(5) The director may issue an order in accordance with 18,176
Chapter 3745. of the Revised Code to the owner or operator of a 18,177
solid waste facility requiring the person to submit to the 18,178
director updated engineering detail plans, specifications, and 18,179
information regarding the facility and its method of operation 18,180
for approval under rules adopted under division (A) of section 18,181
3734.02 of the Revised Code and applicable rules adopted under 18,182
division (D) of section 3734.12 of the Revised Code if, in the 18,183
director's judgment, conditions at the facility constitute a 18,184
substantial threat to public health or safety or are causing or 18,185
419
contributing to or threatening to cause or contribute to air or 18,186
water pollution or soil contamination. Any person who receives 18,187
such an order shall submit the updated engineering detail plans, 18,188
specifications, and information to the director within one 18,189
hundred eighty days after the effective date of the order. 18,190
(6) The director shall act upon an application submitted 18,192
under division (A)(3) or (4) of this section and any updated 18,193
engineering plans, specifications, and information submitted 18,194
under division (A)(5) of this section within one hundred eighty 18,195
days after receiving them. If the director denies any such 18,196
permit application, the order denying the application or 18,198
disapproving the plans shall include the requirements that the 18,199
owner or operator submit a plan for closure and post-closure care 18,200
of the facility to the director for approval within six months 18,201
after issuance of the order, cease accepting solid wastes for 18,202
disposal or transfer at the facility, and commence closure of the 18,203
facility not later than one year after issuance of the order. If 18,204
the director determines that closure of the facility within that 18,205
one-year period would result in the unavailability of sufficient 18,206
solid waste management facility capacity within the county or 18,207
joint solid waste management district in which the facility is 18,208
located to dispose of or transfer the solid waste generated 18,209
within the district, the director in the order of denial or 18,211
disapproval may postpone commencement of closure of the facility 18,212
for such period of time as the director finds necessary for the 18,213
board of county commissioners or directors of the district to 18,215
secure access to or for there to be constructed within the 18,216
district sufficient solid waste management facility capacity to 18,217
meet the needs of the district, provided that the director shall 18,218
certify in the director's order that postponing the date for 18,219
commencement of closure will not endanger ground water or any 18,220
property surrounding the facility, allow methane gas migration to 18,221
occur, or cause or contribute to any other type of environmental 18,222
damage.
420
If an emergency need for disposal capacity that may affect 18,224
public health and safety exists as a result of closure of a 18,225
facility under division (A)(6) of this section, the director may 18,226
issue an order designating another solid waste facility to accept 18,227
the wastes that would have been disposed of at the facility to be 18,228
closed. 18,229
(7) If the director determines that standards more 18,231
stringent than those applicable in rules adopted under division 18,232
(A) of section 3734.02 of the Revised Code and division (D) of 18,233
section 3734.12 of the Revised Code, or standards pertaining to 18,234
subjects not specifically addressed by those rules, are necessary 18,235
to ensure that a solid waste facility constructed at the proposed 18,236
location will not cause a nuisance, cause or contribute to water 18,237
pollution, or endanger public health or safety, the director may 18,239
issue a permit for the facility with such terms and conditions as 18,240
the director finds necessary to protect public health and safety 18,241
and the environment. If a permit is issued, the director shall 18,243
state in the order issuing it the specific findings supporting 18,244
each such term or condition. 18,245
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section 18,247
do not apply to a solid waste compost facility that accepts 18,248
exclusively source separated yard wastes and that is registered 18,249
under division (C) of section 3734.02 of the Revised Code OR, 18,251
UNLESS OTHERWISE PROVIDED IN RULES ADOPTED UNDER DIVISION (N)(3) 18,252
OF SECTION 3734.02 OF THE REVISED CODE, TO A SOLID WASTE COMPOST 18,253
FACILITY IF THE DIRECTOR HAS ADOPTED RULES ESTABLISHING AN 18,254
ALTERNATIVE SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, 18,255
OR MODIFICATION OF A SOLID WASTE COMPOST FACILITY UNDER THAT 18,256
DIVISION. 18,257
(9) Divisions (A)(1) to (7) of this section do not apply 18,259
to scrap tire collection, storage, monocell, monofill, and 18,260
recovery facilities. The approval of plans and specifications, 18,261
as applicable, and the issuance of registration certificates, 18,262
permits, and licenses for those facilities are subject to 18,263
421
sections 3734.75 to 3734.78 of the Revised Code, as applicable, 18,264
and section 3734.81 of the Revised Code. 18,265
(10) Divisions (A)(3) and (4) of this section do not apply 18,267
to a solid waste incinerator that was placed into operation on or 18,269
before October 12, 1994, and that is not authorized to accept and 18,270
treat infectious wastes pursuant to division (B) of this section. 18,272
(B)(1) Each person who is engaged in the business of 18,274
treating infectious wastes for profit at a treatment facility 18,275
located off the premises where the wastes are generated that is 18,276
in operation on August 10, 1988, and who proposes to continue 18,277
operating the facility shall submit to the board of health of the 18,278
health district in which the facility is located an application 18,279
for a license to operate the facility. 18,280
Thereafter, no person shall operate or maintain an 18,282
infectious waste treatment facility without a license issued by 18,283
the board of health of the health district in which the facility 18,284
is located or by the director when the health district in which 18,286
the facility is located is not on the approved list under section 18,287
3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first 18,289
day of January of the next year, every person proposing to 18,290
continue to operate an existing infectious waste treatment 18,291
facility shall procure a license to operate the facility for that 18,292
year from the board of health of the health district in which the 18,293
facility is located or, if the health district is not on the 18,294
approved list under section 3734.08 of the Revised Code, from the 18,295
director. The application for such a license shall be submitted 18,296
to the board of health or to the director, as appropriate, on or 18,297
before the last day of September of the year preceding that for 18,298
which the license is sought. In addition to the application fee 18,299
prescribed in division (B)(2)(c) of this section, a person who 18,300
submits an application after that date shall pay an additional 18,301
ten per cent of the amount of the application fee for each week 18,302
that the application is late. Late payment fees accompanying an 18,303
422
application submitted to the board of health shall be credited to 18,304
the special infectious waste fund of the health district created 18,305
in division (C) of section 3734.06 of the Revised Code, and late 18,306
payment fees accompanying an application submitted to the 18,307
director shall be credited to the general revenue fund. A person 18,308
who has received a license, upon sale or disposition of an 18,309
infectious waste treatment facility and upon consent of the board 18,310
of health and the director, may have the license transferred to 18,311
another person. The board of health or the director may include 18,312
such terms and conditions in a license or revision to a license 18,313
as are appropriate to ensure compliance with the infectious waste 18,314
provisions of this chapter and rules adopted under them. 18,315
(b) Each person proposing to open a new infectious waste 18,317
treatment facility or to modify an existing infectious waste 18,318
treatment facility shall submit an application for a permit with 18,319
accompanying detail plans and specifications to the environmental 18,320
protection agency for required approval under the rules adopted 18,321
by the director pursuant to section 3734.021 of the Revised Code 18,322
two hundred seventy days before proposed operation of the 18,323
facility and concurrently shall make application for a license 18,324
with the board of health of the health district in which the 18,325
facility is or is proposed to be located. Not later than ninety 18,326
days after receiving a completed application under division 18,327
(B)(2)(b) of this section for a permit to open a new infectious 18,328
waste treatment facility or modify an existing infectious waste 18,329
treatment facility to expand its treatment capacity, or receiving 18,330
a completed application under division (A)(2)(a) of this section 18,331
for a permit to open a new solid waste incineration facility, or 18,332
modify an existing solid waste incineration facility to also 18,333
treat infectious wastes or to increase its infectious waste 18,334
treatment capacity, that pertains to a facility for which a 18,335
notation authorizing infectious waste treatment is included or 18,336
proposed to be included in the solid waste incineration 18,337
facility's license pursuant to division (B)(3) of this section, 18,338
423
the director shall hold a public hearing on the application 18,339
within the county in which the new or modified infectious waste 18,340
or solid waste facility is or is proposed to be located or within 18,341
a contiguous county. Not less than thirty days before holding 18,342
the public hearing on the application, the director shall publish 18,343
notice of the hearing in each newspaper that has general 18,344
circulation and that is published in the county in which the 18,345
facility is or is proposed to be located. If there is no 18,346
newspaper that has general circulation and that is published in 18,347
the county, the director shall publish the notice in a newspaper 18,348
of general circulation in the county. The notice shall contain 18,349
the date, time, and location of the public hearing and a general 18,350
description of the proposed new or modified facility. At the 18,351
public hearing, any person may submit written or oral comments on 18,352
or objections to the approval or disapproval of the application. 18,353
The applicant, or a representative of the applicant who has 18,354
knowledge of the location, construction, and operation of the 18,355
facility, shall attend the public hearing to respond to comments 18,356
or questions concerning the facility directed to the applicant or 18,358
representative by the officer or employee of the environmental 18,359
protection agency presiding at the hearing. 18,360
(c) Each application for a permit under division (B)(2)(b) 18,362
of this section shall be accompanied by a nonrefundable 18,363
application fee of four hundred dollars that shall be credited to 18,364
the general revenue fund. Each application for an annual license 18,365
under division (B)(2)(a) of this section shall be accompanied by 18,366
a nonrefundable application fee of one hundred dollars. If the 18,367
application for an annual license is submitted to a board of 18,368
health on the approved list under section 3734.08 of the Revised 18,369
Code, the application fee shall be credited to the special 18,370
infectious waste fund of the health district created in division 18,371
(C) of section 3734.06 of the Revised Code. If the application 18,372
for an annual license is submitted to the director, the 18,373
application fee shall be credited to the general revenue fund. 18,374
424
If a permit or license is issued, the amount of the application 18,376
fee paid shall be deducted from the amount of the permit fee due 18,377
under division (Q) of section 3745.11 of the Revised Code or the 18,380
amount of the license fee due under division (C) of section 18,381
3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste 18,383
treatment facility that commenced operation on or before July 1, 18,384
1968, shall submit to the director an application for a permit 18,385
with accompanying engineering detail plans, specifications, and 18,386
information regarding the facility and its method of operation 18,387
for approval under rules adopted under section 3734.021 of the 18,388
Revised Code in accordance with the following schedule: 18,389
(i) Not later than December 24, 1988, if the facility is 18,391
located in Delaware, Greene, Guernsey, Hamilton, Madison, 18,392
Mahoning, Ottawa, or Vinton county; 18,393
(ii) Not later than March 24, 1989, if the facility is 18,395
located in Champaign, Clinton, Columbiana, Huron, Paulding, 18,396
Stark, or Washington county, or is located in the city of 18,397
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; 18,398
(iii) Not later than June 24, 1989, if the facility is 18,400
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 18,401
Lucas, or Summit county or is located in Cuyahoga county outside 18,402
the cities of Brooklyn, Cuyahoga Heights, and Parma; 18,403
(iv) Not later than September 24, 1989, if the facility is 18,405
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 18,406
county; 18,407
(v) Not later than December 24, 1989, if the facility is 18,409
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 18,410
of this section. 18,411
The owner or operator of an infectious waste treatment 18,413
facility required to submit a permit application under division 18,414
(B)(2)(d) of this section is not required to pay any permit 18,415
application fee under division (B)(2)(c) of this section, or 18,416
permit fee under division (Q) of section 3745.11 of the Revised 18,419
425
Code, with respect thereto unless the owner or operator also 18,420
proposes to modify the facility.
(e) The director may issue an order in accordance with 18,422
Chapter 3745. of the Revised Code to the owner or operator of an 18,423
infectious waste treatment facility requiring the person to 18,424
submit to the director updated engineering detail plans, 18,425
specifications, and information regarding the facility and its 18,426
method of operation for approval under rules adopted under 18,427
section 3734.021 of the Revised Code if, in the director's 18,428
judgment, conditions at the facility constitute a substantial 18,429
threat to public health or safety or are causing or contributing 18,430
to or threatening to cause or contribute to air or water 18,431
pollution or soil contamination. Any person who receives such an 18,432
order shall submit the updated engineering detail plans, 18,433
specifications, and information to the director within one 18,434
hundred eighty days after the effective date of the order. 18,435
(f) The director shall act upon an application submitted 18,437
under division (B)(2)(d) of this section and any updated 18,438
engineering plans, specifications, and information submitted 18,439
under division (B)(2)(e) of this section within one hundred 18,440
eighty days after receiving them. If the director denies any 18,441
such permit application or disapproves any such updated 18,442
engineering plans, specifications, and information, the director 18,444
shall include in the order denying the application or 18,445
disapproving the plans the requirement that the owner or operator 18,446
cease accepting infectious wastes for treatment at the facility. 18,447
(3) Division (B) of this section does not apply to an 18,449
infectious waste treatment facility that meets any of the 18,450
following conditions: 18,451
(a) Is owned or operated by the generator of the wastes 18,453
and exclusively treats, by methods, techniques, and practices 18,454
established by rules adopted under division (C)(1) or (3) of 18,455
section 3734.021 of the Revised Code, wastes that are generated 18,456
at any premises owned or operated by that generator regardless of 18,457
426
whether the wastes are generated on the same premises where the 18,458
generator's treatment facility is located or, if the generator is 18,459
a hospital as defined in section 3727.01 of the Revised Code, 18,460
infectious wastes that are described in division (A)(1)(g), (h), 18,461
or (i) of section 3734.021 of the Revised Code; 18,462
(b) Holds a license or renewal of a license to operate a 18,464
crematory facility issued under Chapter 4717. and a permit issued 18,466
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, 18,468
or the blood of animals, and is subject to any of the following: 18,469
(i) Inspection under the "Federal Meat Inspection Act," 81 18,471
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 18,472
(ii) Chapter 918. of the Revised Code; 18,474
(iii) Chapter 953. of the Revised Code. 18,476
Nothing in division (B) of this section requires a facility 18,478
that holds a license issued under division (A) of this section as 18,479
a solid waste facility and that also treats infectious wastes by 18,480
the same method, technique, or process to obtain a license under 18,481
division (B) of this section as an infectious waste treatment 18,482
facility. However, the solid waste facility license for the 18,483
facility shall include the notation that the facility also treats 18,484
infectious wastes. 18,485
On and after the effective date of the amendments to the 18,487
rules adopted under division (C)(2) of section 3734.021 of the 18,488
Revised Code that are required by Section 6 of Substitute House 18,489
Bill No. 98 of the 120th General Assembly, the director shall not 18,491
issue a permit to open a new solid waste incineration facility 18,492
unless the proposed facility complies with the requirements for 18,493
the location of new infectious waste incineration facilities 18,494
established in the required amendments to those rules. 18,495
(C) Except for a facility or activity described in 18,497
division (E)(3) of section 3734.02 of the Revised Code, a person 18,499
who proposes to establish or operate a hazardous waste facility 18,500
shall submit an application for a hazardous waste facility 18,502
427
installation and operation permit and accompanying detail plans, 18,503
specifications, and such information as the director may require 18,504
to the environmental protection agency, except as provided in 18,505
division (E)(2) of this section, at least one hundred eighty days 18,506
before the proposed beginning of operation of the facility. The 18,507
applicant shall notify by certified mail the legislative 18,508
authority of each municipal corporation, township, and county in 18,509
which the facility is proposed to be located of the submission of 18,510
the application within ten days after the submission or at such 18,511
earlier time as the director may establish by rule. If the 18,512
application is for a proposed new hazardous waste disposal or 18,513
thermal treatment facility, the applicant also shall give actual 18,514
notice of the general design and purpose of the facility to the 18,515
legislative authority of each municipal corporation, township, 18,516
and county in which the facility is proposed to be located at 18,518
least ninety days before the permit application is submitted to 18,519
the environmental protection agency.
(D)(1) There is hereby created the hazardous waste 18,521
facility board, composed of the director of environmental 18,522
protection who shall serve as chairperson, the director of 18,523
natural resources, and the chairperson of the Ohio water 18,525
development authority, or their respective designees, and one 18,526
chemical engineer and one geologist who each shall be employed by 18,527
a state university as defined in section 3345.011 of the Revised 18,528
Code. The chemical engineer and geologist each shall be 18,529
appointed by the governor, with the advice and consent of the 18,530
senate, for a term of two years. The chemical engineer and 18,531
geologist each shall receive as compensation five thousand 18,532
dollars per year, plus expenses necessarily incurred in the 18,534
performance of their duties.
The board shall not issue any final order without the 18,536
consent of at least three members. 18,537
(2) The hazardous waste facility board shall do both of 18,540
the following: 18,541
428
(a) Pursuant to Chapter 119. of the Revised Code, adopt 18,543
rules governing procedure to be followed in hearings before the 18,545
board; 18,546
(b) Except as provided in section 3734.123 of the Revised 18,548
Code, approve or disapprove applications for a hazardous waste 18,549
facility installation and operation permit for new facilities and 18,550
applications for modifications to existing permits for which the 18,551
board has jurisdiction as provided in division (I)(3) of this 18,552
section.
(3) Except as provided in section 3734.123 of the Revised 18,554
Code, upon receipt of the completed application for a hazardous 18,555
waste facility installation and operation permit and a 18,556
preliminary determination by the staff of the environmental 18,557
protection agency that the application appears to comply with 18,558
agency rules and to meet the performance standards set forth in 18,559
divisions (D), (I), and (J) of section 3734.12 of the Revised 18,560
Code, the director shall transmit the application to the board, 18,563
which shall do all of the following: 18,564
(a) Promptly fix a date for a public hearing on the 18,566
application, not fewer than sixty nor more than ninety days after 18,567
receipt of the completed application. At the public hearing, any 18,568
person may submit written or oral comments or objections to the 18,569
approval or disapproval of the application. A representative of 18,570
the applicant who has knowledge of the location, construction, 18,571
operation, closure, and post-closure care, if applicable, of the 18,572
facility shall attend the public hearing in order to respond to 18,573
comments or questions concerning the facility directed to the 18,574
representative by the presiding officer. 18,575
(b) Give public notice of the date of the public hearing 18,577
and a summary of the application in a newspaper having general 18,578
circulation in the county in which the facility is proposed to be 18,579
located. The notice shall contain, at a minimum, the date, time, 18,580
and location of the public hearing and shall include the location 18,582
and street address of, or the nearest intersection to, the 18,583
429
proposed facility, a description of the proposed facility, and 18,584
the location where copies of the application, a short statement 18,585
by the applicant of the anticipated environmental impact of the 18,586
facility, and a map of the facility are available for inspection. 18,587
(c) Promptly fix a date for an adjudication hearing, not 18,589
fewer than ninety nor more than one hundred twenty days after 18,590
receipt of the completed application, at which hearing the board 18,591
shall hear and decide all disputed issues between the parties 18,592
respecting the approval or disapproval of the application. 18,593
(4) The parties to any adjudication hearing before the 18,595
board upon a completed application shall be the following: 18,596
(a) The applicant; 18,598
(b) The staff of the environmental protection agency; 18,600
(c) The board of county commissioners of the county, the 18,602
board of township trustees of the township, and the chief 18,603
executive officer of the municipal corporation in which the 18,604
facility is proposed to be located; 18,605
(d) Any other person who would be aggrieved or adversely 18,607
affected by the proposed facility and who files a petition to 18,608
intervene in the adjudication hearing not later than thirty days 18,609
after the date of publication of the notice required in division 18,610
(D)(3)(b) of this section if the petition is granted by the board 18,612
for good cause shown. The board may allow intervention by other 18,613
aggrieved or adversely affected persons up to fifteen days prior 18,614
to the date of the adjudication hearing for good cause shown when 18,615
the intervention would not be unduly burdensome to or cause a 18,616
delay in the permitting process.
(5) The hazardous waste facility board shall conduct any 18,618
adjudication hearing upon disputed issues in accordance with 18,619
Chapter 119. of the Revised Code and the rules of the board 18,620
governing the procedure of such hearings. Each party may call 18,621
and examine witnesses and submit other evidence respecting the 18,622
disputed issues presented by an application. A written record 18,623
shall be made of the hearing and of all testimony and evidence 18,624
430
submitted to the board. 18,625
(6) The board shall not approve an application for a 18,627
hazardous waste facility installation and operation permit unless 18,628
it finds and determines as follows: 18,629
(a) The nature and volume of the waste to be treated, 18,631
stored, or disposed of at the facility; 18,632
(b) That the facility complies with the director's 18,634
hazardous waste standards adopted pursuant to section 3734.12 of 18,635
the Revised Code; 18,636
(c) That the facility represents the minimum adverse 18,638
environmental impact, considering the state of available 18,639
technology and the nature and economics of various alternatives, 18,640
and other pertinent considerations; 18,641
(d) That the facility represents the minimum risk of all 18,643
of the following: 18,644
(i) Contamination of ground and surface waters; 18,646
(ii) Fires or explosions from treatment, storage, or 18,648
disposal methods; 18,649
(iii) Accident during transportation of hazardous waste to 18,651
or from the facility; 18,652
(iv) Impact on the public health and safety; 18,654
(v) Air pollution; 18,656
(vi) Soil contamination. 18,658
(e) That the facility will comply with Chapters 3704., 18,660
3734., and 6111. of the Revised Code and all rules and standards 18,661
adopted under those chapters; 18,662
(f) That if the owner of the facility, the operator of the 18,664
facility, or any other person in a position with the facility 18,665
from which the person may influence the installation and 18,666
operation of the facility has been involved in any prior activity 18,668
involving transportation, treatment, storage, or disposal of 18,669
hazardous waste, that person has a history of compliance with 18,670
Chapters 3704., 3734., and 6111. of the Revised Code and all 18,671
rules and standards adopted under those chapters, the "Resource 18,672
431
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 18,673
U.S.C.A. 6921, as amended, and all regulations adopted under it, 18,674
and similar laws and rules of other states if any such prior 18,675
operation was located in another state that demonstrates 18,676
sufficient reliability, expertise, and competency to operate a 18,677
hazardous waste facility under the applicable provisions of 18,678
Chapters 3704., 3734., and 6111. of the Revised Code, the 18,679
applicable rules and standards adopted under those chapters, and 18,680
terms and conditions of a hazardous waste facility installation 18,681
and operation permit, given the potential for harm to the public 18,682
health and safety and the environment that could result from the 18,683
irresponsible operation of the facility; 18,684
(g) That the active areas within a new hazardous waste 18,686
facility where acute hazardous waste as listed in 40 C.F.R. 18,687
261.33 (e), as amended, or organic waste that is toxic and is 18,688
listed under 40 C.F.R. 261, as amended, is being stored, treated, 18,689
or disposed of and where the aggregate of the storage design 18,690
capacity and the disposal design capacity of all hazardous waste 18,691
in those areas is greater than two hundred fifty thousand 18,692
gallons, are not located or operated within any of the following: 18,693
(i) Two thousand feet of any residence, school, hospital, 18,695
jail, or prison; 18,696
(ii) Any naturally occurring wetland; 18,698
(iii) Any flood hazard area if the applicant cannot show 18,700
that the facility will be designed, constructed, operated, and 18,701
maintained to prevent washout by a one-hundred-year flood or that 18,702
procedures will be in effect to remove the waste before flood 18,703
waters can reach it. 18,704
Division (D)(6)(g) of this section does not apply to the 18,706
facility of any applicant who demonstrates to the board that the 18,707
limitations specified in that division are not necessary because 18,708
of the nature or volume of the waste and the manner of management 18,709
applied, the facility will impose no substantial danger to the 18,710
health and safety of persons occupying the structures listed in 18,711
432
division (D)(6)(g)(i) of this section, and the facility is to be 18,712
located or operated in an area where the proposed hazardous waste 18,713
activities will not be incompatible with existing land uses in 18,714
the area. 18,715
(h) That the facility will not be located within the 18,717
boundaries of a state park established or dedicated under Chapter 18,718
1541. of the Revised Code, a state park purchase area established 18,719
under section 1541.02 of the Revised Code, any unit of the 18,720
national park system, or any property that lies within the 18,721
boundaries of a national park or recreation area, but that has 18,722
not been acquired or is not administered by the secretary of the 18,723
United States department of the interior, located in this state, 18,724
or any candidate area located in this state identified for 18,725
potential inclusion in the national park system in the edition of 18,726
the "national park system plan" submitted under paragraph (b) of 18,727
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 18,728
U.S.C.A. 1a-5, as amended, current at the time of filing of the 18,729
application for the permit, unless the facility will be used 18,730
exclusively for the storage of hazardous waste generated within 18,731
the park or recreation area in conjunction with the operation of 18,732
the park or recreation area. Division (D)(6)(h) of this section 18,733
does not apply to the facility of any applicant for modification 18,734
of a permit unless the modification application proposes to 18,735
increase the land area included in the facility or to increase 18,736
the quantity of hazardous waste that will be treated, stored, or 18,737
disposed of at the facility. 18,738
In rendering a decision upon an application for a hazardous 18,740
waste facility installation and operation permit, the board shall 18,741
issue a written order and opinion, which shall include the 18,742
specific findings of fact and conclusions of law that support the 18,745
board's approval or disapproval of the application.
If the board approves an application for a hazardous waste 18,747
facility installation and operation permit, as a part of its 18,748
written order, it shall issue the permit, upon such terms and 18,749
433
conditions as the board finds are necessary to ensure the 18,750
construction and operation of the hazardous waste facility in 18,751
accordance with the standards of this section. 18,752
(7) Any party adversely affected by an order of the 18,754
hazardous waste facility board may appeal the order and decision 18,755
of the board to the court of appeals of Franklin county. An 18,756
appellant shall file with the board a notice of appeal, which 18,757
shall designate the order appealed from. A copy of the notice 18,758
also shall be filed by the appellant with the court, and a copy 18,759
shall be sent by certified mail to each party to the adjudication 18,760
hearing before the board. Such notices shall be filed and mailed 18,761
within thirty days after the date upon which the appellant 18,762
received notice from the board by certified mail of the making of 18,763
the order appealed from. No appeal bond shall be required to 18,764
make an appeal effective. 18,765
The filing of a notice of appeal shall not operate 18,767
automatically as a suspension of the order of the board. If it 18,768
appears to the court that an unjust hardship to the appellant 18,769
will result from the execution of the board's order pending 18,770
determination of the appeal, the court may grant a suspension of 18,771
the order and fix its terms. 18,772
Within twenty days after receipt of the notice of appeal, 18,774
the board shall prepare and file in the court the complete record 18,775
of proceedings out of which the appeal arises, including any 18,776
transcript of the testimony and any other evidence that has been 18,777
submitted before the board. The expense of preparing and 18,778
transcribing the record shall be taxed as a part of the costs of 18,779
the appeal. The appellant, other than the state or a political 18,780
subdivision, an agency of either, or any officer of the appellant 18,781
acting in the officer's representative capacity, shall provide 18,783
security for costs satisfactory to the court considering the 18,784
respective interests of the parties and the public interest. 18,785
Upon demand by a party, the board shall furnish, at the cost of 18,786
the party requesting it, a copy of the record. If the complete 18,787
434
record is not filed within the time provided for in this section, 18,788
any party may apply to the court to have the case docketed, and 18,789
the court shall order the record filed. 18,790
In hearing the appeal, the court is confined to the record 18,792
as certified to it by the board. The court may grant a request 18,793
for the admission of additional evidence when satisfied that the 18,794
additional evidence is newly discovered and could not with 18,795
reasonable diligence have been ascertained prior to the hearing 18,796
before the board. 18,797
The court shall affirm the order complained of in the 18,799
appeal if it finds, upon consideration of the entire record and 18,800
such additional evidence as the court has admitted, that the 18,801
order is supported by reliable, probative, and substantial 18,802
evidence and is in accordance with law. In the absence of such 18,803
findings, it shall reverse, vacate, or modify the order or make 18,804
such other ruling as is supported by reliable, probative, and 18,805
substantial evidence and is in accordance with law. The judgment 18,806
of the court shall be final and conclusive unless reversed, 18,807
vacated, or modified on appeal. Such appeals may be taken by any 18,808
party to the appeal pursuant to the Rules of Practice of the 18,809
Supreme Court and, to the extent not in conflict with those 18,810
rules, Chapter 2505. of the Revised Code. 18,811
(E)(1) Upon receipt of a completed application, the board 18,813
shall issue a hazardous waste facility installation and operation 18,814
permit for a hazardous waste facility subject to the requirements 18,815
of divisions (D)(6) and (7) of this section and all applicable 18,816
federal regulations if the facility for which the permit is 18,817
requested satisfies all of the following: 18,818
(a) Was in operation immediately prior to October 9, 1980; 18,820
(b) Was in substantial compliance with applicable statutes 18,822
and rules in effect immediately prior to October 9, 1980, as 18,823
determined by the director; 18,824
(c) Demonstrates to the board that its operations after 18,826
October 9, 1980, comply with applicable performance standards 18,827
435
adopted by the director pursuant to division (D) of section 18,828
3734.12 of the Revised Code; 18,829
(d) Submits a completed application for a permit under 18,831
division (C) of this section within six months after October 9, 18,832
1980. 18,833
The board shall act on the application within twelve months 18,835
after October 9, 1980. 18,836
(2) A hazardous waste facility that was in operation 18,838
immediately prior to October 9, 1980, may continue to operate 18,839
after that date if it does all of the following: 18,840
(a) Complies with performance standards adopted by the 18,842
director pursuant to division (D) of section 3734.12 of the 18,843
Revised Code; 18,844
(b) Submits a completed application for a hazardous waste 18,846
installation and operation permit under division (C) of this 18,847
section within six months after October 9, 1980; 18,848
(c) Obtains the permit under division (D) of this section 18,850
within twelve months after October 9, 1980. 18,851
(3) No political subdivision of this state shall require 18,853
any additional zoning or other approval, consent, permit, 18,854
certificate, or condition for the construction or operation of a 18,855
hazardous waste facility authorized by a hazardous waste facility 18,856
installation and operation permit issued pursuant to this 18,857
chapter, nor shall any political subdivision adopt or enforce any 18,858
law, ordinance, or rule that in any way alters, impairs, or 18,859
limits the authority granted in the permit. 18,860
(4) After the issuance of a hazardous waste facility 18,862
installation and operation permit by the board, each hazardous 18,863
waste facility shall be subject to the rules and supervision of 18,864
the director during the period of its operation, closure, and 18,865
post-closure care, if applicable. 18,866
(F) Upon approval of the board in accordance with 18,868
divisions (D) and (E) of this section, the board may issue a 18,869
single hazardous waste facility installation and operation permit 18,870
436
to a person who operates two or more adjoining facilities where 18,871
hazardous waste is stored, treated, or disposed of if the 18,872
application includes detail plans, specifications, and 18,873
information on all facilities. For the purposes of this section, 18,874
"adjoining" means sharing a common boundary, separated only by a 18,875
public road, or in such proximity that the director determines 18,876
that the issuance of a single permit will not create a hazard to 18,877
the public health or safety or the environment. 18,878
(G) No person shall falsify or fail to keep or submit any 18,880
plans, specifications, data, reports, records, manifests, or 18,881
other information required to be kept or submitted to the 18,882
director or to the hazardous waste facility board by this chapter 18,883
or the rules adopted under it. 18,884
(H)(1) Each person who holds an installation and operation 18,886
permit issued under this section and who wishes to obtain a 18,887
permit renewal shall submit a completed application for an 18,888
installation and operation permit renewal and any necessary 18,889
accompanying general plans, detail plans, specifications, and 18,890
such information as the director may require to the director no 18,891
later than one hundred eighty days prior to the expiration date 18,892
of the existing permit or upon a later date prior to the 18,893
expiration of the existing permit if the permittee can 18,894
demonstrate good cause for the late submittal. The director 18,895
shall consider the application and accompanying information, 18,896
inspection reports of the facility, results of performance tests, 18,897
a report regarding the facility's compliance or noncompliance 18,898
with the terms and conditions of its permit and rules adopted by 18,899
the director under this chapter, and such other information as is 18,900
relevant to the operation of the facility and shall issue a draft 18,901
renewal permit or a notice of intent to deny the renewal permit. 18,902
The director, in accordance with rules adopted under this section 18,903
or with rules adopted to implement Chapter 3745. of the Revised 18,904
Code, shall give public notice of the application and draft 18,905
renewal permit or notice of intent to deny the renewal permit, 18,906
437
provide for the opportunity for public comments within a 18,907
specified time period, schedule a public meeting in the county in 18,908
which the facility is located if significant interest is shown, 18,909
and give public notice of the public meeting. 18,910
(2) Within sixty days after the public meeting or close of 18,912
the public comment period, the director, without prior hearing, 18,913
shall issue or deny the renewal permit in accordance with Chapter 18,914
3745. of the Revised Code. The director shall not issue a 18,915
renewal permit unless the director determines that the facility 18,917
under the existing permit has a history of compliance with this 18,918
chapter, rules adopted under it, the existing permit, or orders 18,919
entered to enforce such requirements that demonstrates sufficient 18,920
reliability, expertise, and competency to operate the facility 18,921
henceforth under this chapter, rules adopted under it, and the 18,922
renewal permit. If the director approves an application for a 18,923
renewal permit, the director shall issue the permit subject to 18,925
the payment of the annual permit fee required under division (E) 18,926
of section 3734.02 of the Revised Code and upon such terms and 18,927
conditions as the director finds are reasonable to ensure that 18,928
continued operation, maintenance, closure, and post-closure care 18,930
of the hazardous waste facility are in accordance with the rules 18,931
adopted under section 3734.12 of the Revised Code. 18,932
(3) An installation and operation permit renewal 18,934
application submitted to the director that also contains or would 18,935
constitute an application for a modification shall be acted upon 18,937
by the director in accordance with division (I) of this section 18,938
in the same manner as an application for a modification. In 18,939
approving or disapproving the renewal portion of a permit renewal 18,941
application containing an application for a modification, the 18,942
director shall apply the criteria established under division 18,944
(H)(2) of this section.
(4) An application for renewal or modification of a permit 18,947
that does not contain an application for a modification as 18,948
described in divisions (I)(3)(a) to (d) of this section shall not 18,950
438
be subject to division (D) of this section. 18,951
(I)(1) As used in this section, "modification" means a 18,953
change or alteration to a hazardous waste facility or its 18,954
operations that is inconsistent with or not authorized by its 18,956
existing permit or authorization to operate. Modifications shall
be classified as Class 1, 2, or 3 modifications in accordance 18,958
with rules adopted under division (K) of this section. 18,959
Modifications classified as Class 3 modifications, in accordance 18,960
with rules adopted under that division, shall be further 18,961
classified by the director as either Class 3 modifications that 18,962
are to be approved or disapproved by the hazardous waste facility 18,963
board as described in divisions (I)(3)(a) to (d) of this section 18,964
or as Class 3 modifications that are to be approved or 18,965
disapproved by the director under division (I)(5) of this 18,966
section. Not later than thirty days after receiving a request 18,967
for a modification under division (I)(4) of this section that is 18,968
not listed in Appendix I to 40 C.F.R. 270.42 or in rules adopted 18,970
under division (K) of this section, the director shall classify 18,971
the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. 18,972
Notwithstanding any other law to the contrary, any modification 18,974
that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator 18,975
shall be classified as a Class 3 modification. 18,976
(2) Except as provided in section 3734.123 of the Revised 18,978
Code, a hazardous waste facility installation and operation 18,979
permit may be modified at the request of the director or upon the 18,981
written request of the permittee only if any of the following 18,982
applies:
(a) The permittee desires to accomplish alterations, 18,984
additions, or deletions to the permitted facility or to undertake 18,985
alterations, additions, deletions, or activities that are 18,986
inconsistent with or not authorized by the existing permit; 18,987
(b) New information or data justify permit conditions in 18,989
439
addition to or different from those in the existing permit; 18,990
(c) The standards, criteria, or rules upon which the 18,992
existing permit is based have been changed by new, amended, or 18,993
rescinded standards, criteria, or rules, or by judicial decision 18,994
after the existing permit was issued, and the change justifies 18,995
permit conditions in addition to or different from those in the 18,996
existing permit; 18,997
(d) The permittee proposes to transfer the permit to 18,999
another person. 19,000
(3) The director has jurisdiction to approve or disapprove 19,002
applications for Class 1 modifications, Class 2 modifications, 19,003
and Class 3 modifications not otherwise described in divisions 19,004
(I)(3)(a) to (d) of this section. The hazardous waste facility 19,007
board has jurisdiction to approve or disapprove applications for 19,008
any of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or disposal 19,011
at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or 19,012
disposal activity by the facility's permit; 19,013
(b) Modification or addition of a hazardous waste 19,015
management unit, as defined in rules adopted under section 19,016
3734.12 of the Revised Code, that results in an increase in a 19,017
facility's storage capacity of more than twenty-five per cent 19,018
over the capacity authorized by the facility's permit, an 19,019
increase in a facility's treatment rate of more than twenty-five 19,021
per cent over the rate so authorized, or an increase in a 19,022
facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be 19,023
calculated from the approved design plans for the disposal units 19,024
at that facility. In no case during a five-year period shall a 19,025
facility's storage capacity or treatment rate be modified to 19,027
increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of 19,028
division (I) of this section to the contrary, a request for 19,030
440
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director. 19,031
(c) Authority to add any of the following categories of 19,033
regulated activities not previously authorized at a facility by 19,034
the facility's permit: storage at a facility not previously 19,035
authorized to store hazardous waste, treatment at a facility not 19,036
previously authorized to treat hazardous waste, or disposal at a 19,037
facility not previously authorized to dispose of hazardous waste; 19,038
or authority to add a category of hazardous waste management unit 19,039
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this 19,040
section to the contrary, a request for authority to add or to 19,041
modify an activity or a hazardous waste management unit for the 19,042
purposes of performing a corrective action shall be classified 19,043
and approved or disapproved by the director.
(d) Authority to treat, store, or dispose of waste types 19,045
listed or characterized as reactive or explosive, in rules 19,047
adopted under section 3734.12 of the Revised Code, or any acute 19,048
hazardous waste listed in 40 C.F.R. 261.33(e), as amended, at a 19,049
facility not previously authorized to treat, store, or dispose of 19,050
those types of wastes by the facility's permit unless the 19,051
requested authority is limited to wastes that no longer exhibit 19,053
characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing 19,054
as acute hazardous waste, but still are required to carry those 19,055
waste codes as established in rules adopted under section 3734.12 19,056
of the Revised Code because of the requirements established in 40 19,057
C.F.R. 261(a) and (e), as amended, that is, the "mixture," 19,058
"derived-from," or "contained-in" regulations. 19,059
(4) A written request for a modification from the 19,062
permittee shall be submitted to the director and shall contain 19,063
such information as is necessary to support the request. The 19,064
director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to (d) of this 19,066
441
section within two hundred forty days after receiving the 19,067
requests. Requests for modifications shall be acted upon by the 19,068
director or the board, as appropriate, in accordance with this 19,069
section and rules adopted under it. 19,070
(5) Class 1 modification applications that require prior 19,073
approval of the director, as determined in accordance with rules 19,074
adopted under division (K) of this section, Class 2 modification 19,075
applications, and Class 3 modification applications that are not 19,076
described in divisions (I)(3)(a) to (d) of this section shall be 19,078
approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county 19,079
commissioners of the county, the board of township trustees of 19,080
the township, and the city manager or mayor of the municipal 19,081
corporation in which a hazardous waste facility is located shall 19,082
receive notification of any application for a modification for 19,083
that facility and shall be considered as interested persons with 19,084
respect to the director's consideration of the application. 19,085
For those modification applications for a transfer of a 19,088
permit to a new owner or operator of a facility, the director 19,089
also shall determine that, if the transferee owner or operator 19,090
has been involved in any prior activity involving the 19,092
transportation, treatment, storage, or disposal of hazardous 19,093
waste, the transferee owner or operator has a history of
compliance with this chapter and Chapters 3704. and 6111. of the 19,095
Revised Code and all rules and standards adopted under them, the 19,097
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 19,098
42 U.S.C.A. 6921, as amended, and all regulations adopted under 19,099
it, and similar laws and rules of another state if the transferee 19,100
owner or operator owns or operates a facility in that state, that 19,101
demonstrates sufficient reliability, expertise, and competency to
operate a hazardous waste facility under this chapter and 19,103
Chapters 3704. and 6111. of the Revised Code, all rules and 19,105
standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given 19,106
442
the potential for harm to the public health and safety and the 19,107
environment that could result from the irresponsible operation of 19,108
the facility. A permit may be transferred to a new owner or 19,110
operator only pursuant to a Class 3 permit modification.
As used in division (I)(5) of this section: 19,113
(a) "Owner" means the person who owns a majority or 19,115
controlling interest in a facility. 19,116
(b) "Operator" means the person who is responsible for the 19,118
overall operation of a facility. 19,119
The director shall approve or disapprove an application for 19,121
a Class 1 modification that requires the director's approval 19,122
within sixty days after receiving the request for modification. 19,123
The director shall approve or disapprove an application for a 19,124
Class 2 modification within three hundred days after receiving 19,125
the request for modification. The director shall approve or 19,126
disapprove an application for a Class 3 modification that is not 19,128
described in divisions (I)(3)(a) to (d) of this section within 19,129
three hundred sixty-five days after receiving the request for 19,130
modification.
(6) The approval or disapproval by the director of a Class 19,132
1 modification application is not a final action that is 19,133
appealable under Chapter 3745. of the Revised Code. The approval 19,134
or disapproval by the director of a Class 2 modification or a 19,136
Class 3 modification that is not described in divisions (I)(3)(a) 19,137
to (d) of this section is a final action that is appealable under 19,138
that chapter. In approving or disapproving a request for a 19,139
modification, the director shall consider all comments pertaining 19,140
to the request that are received during the public comment period 19,141
and the public meetings. The administrative record for appeal of 19,142
a final action by the director in approving or disapproving a
request for a modification shall include all comments received 19,143
during the public comment period relating to the request for 19,144
modification, written materials submitted at the public meetings 19,145
relating to the request, and any other documents related to the 19,146
443
director's action.
(7) The hazardous waste facility board shall approve or 19,148
disapprove an application for a Class 3 modification transmitted 19,150
to it under division (I)(4) of this section, or that portion of a 19,152
permit renewal application that constitutes a Class 3 19,153
modification application so transmitted, of a hazardous waste
facility installation and operation permit in accordance with 19,155
division (D) of this section. No other request for a 19,156
modification shall be subject to division (D)(6) of this section. 19,157
No aspect of a permitted facility or its operations that is not 19,159
being modified as described in division (I)(3)(a), (b), (c), or 19,160
(d) of this section shall be subject to review by the board under 19,162
division (D) of this section.
(8) Notwithstanding any other provision of law to the 19,164
contrary, a change or alteration to a hazardous waste facility 19,165
described in division (E)(3)(a) or (b) of section 3734.02 of the 19,166
Revised Code, or its operations, is a modification for the 19,167
purposes of this section. An application for a modification at 19,169
such a facility shall be submitted, classified, and approved or 19,170
disapproved in accordance with divisions (I)(1) to (7) of this 19,171
section in the same manner as a modification to a hazardous waste 19,172
facility installation and operation permit. 19,173
(J)(1) Except as provided in division (J)(2) of this 19,175
section, an owner or operator of a hazardous waste facility that 19,177
is operating in accordance with a permit by rule under rules 19,178
adopted by the director under division (E)(3)(b) of section 19,179
3734.02 of the Revised Code shall submit either a hazardous waste 19,181
facility installation and operation permit application for the 19,182
facility or a modification application, whichever is required 19,183
under division (J)(1)(a) or (b) of this section, within one 19,184
hundred eighty days after the director has requested the 19,185
application or upon a later date if the owner or operator 19,186
demonstrates to the director good cause for the late submittal. 19,187
(a) If the owner or operator does not have a hazardous 19,189
444
waste facility installation and operation permit for any 19,190
hazardous waste treatment, storage, or disposal activities at the 19,191
facility, the owner or operator shall submit an application for 19,193
such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other provision of law 19,195
to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures 19,196
governing the approval or disapproval of permit renewals under 19,197
division (H) of this section. 19,198
(b) If the owner or operator has a hazardous waste 19,200
facility installation and operation permit for hazardous waste 19,201
treatment, storage, or disposal activities at the facility other 19,202
than those authorized by the permit by rule, the owner or 19,203
operator shall submit to the director a request for modification 19,204
in accordance with division (I) of this section. Notwithstanding 19,205
any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance 19,206
with rules adopted under division (K) of this section. 19,207
(2) The owner or operator of a boiler or industrial 19,209
furnace that is conducting thermal treatment activities in 19,210
accordance with a permit by rule under rules adopted by the 19,211
director under division (E)(3)(b) of section 3734.02 of the 19,213
Revised Code shall submit a hazardous waste facility installation 19,215
and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, 19,216
storage, or disposal activities at the facility or, if the owner 19,217
or operator has such a permit for hazardous waste treatment, 19,218
storage, or disposal activities at the facility other than 19,219
thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by 19,220
the permit by rule, whichever is applicable, within one hundred 19,221
eighty days after the director has requested the submission of 19,222
the application or upon a later date if the owner or operator 19,223
demonstrates to the director good cause for the late submittal. 19,224
445
The application shall be accompanied by information necessary to 19,225
support the request. The hazardous waste facility board shall 19,226
approve or disapprove the application in accordance with division 19,227
(D) of this section, except that the board shall not disapprove 19,228
an application for the thermal treatment activities on the basis 19,229
of the criteria set forth in division (D)(6)(g) or (h) of this 19,231
section.
(3) As used in division (J) of this section: 19,234
(a) "Modification application" means a request for a 19,236
modification submitted in accordance with division (I) of this 19,238
section.
(b) "Thermal treatment," "boiler," and "industrial 19,240
furnace" have the same meanings as in rules adopted under section 19,241
3734.12 of the Revised Code. 19,242
(K) The director shall adopt, and may amend, suspend, or 19,244
rescind, rules in accordance with Chapter 119. of the Revised 19,245
Code in order to implement divisions (H) and (I) of this section. 19,246
Except when in actual conflict with this section, rules governing 19,247
the classification of and procedures for the modification of 19,248
hazardous waste facility installation and operation permits shall 19,249
be substantively and procedurally identical to the regulations 19,250
governing hazardous waste facility permitting and permit 19,251
modifications adopted under the "Resource Conservation and 19,252
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 19,253
amended.
Sec. 3734.06. (A)(1) Except as provided in division 19,262
(A)(2), (3), and (4) of this section and in section 3734.82 of 19,263
the Revised Code, the annual fee for a solid waste facility 19,264
license shall be in accordance with the following schedule: 19,265
AUTHORIZED MAXIMUM ANNUAL 19,267
DAILY WASTE LICENSE 19,268
RECEIPT (TONS) FEE 19,269
100 or less $ 5,000 19,270
101 to 200 12,500 19,271
446
201 to 500 30,000 19,272
501 or more 60,000 19,273
For the purpose of determining the applicable license fee 19,275
under divisions (A)(1) and (2) of this section, the authorized 19,276
maximum daily waste receipt shall be the maximum amount of wastes 19,277
the facility is authorized to receive daily that is established 19,278
in the permit for the facility, and any modifications to that 19,279
permit, issued under division (A)(2) or (3) of section 3734.05 of 19,280
the Revised Code; the annual license for the facility, and any 19,281
revisions to that license, issued under division (A)(1) of 19,282
section 3734.05 of the Revised Code; the approved operating plan 19,283
or operational report for which submission and approval are 19,284
required by rules adopted by the director of environmental 19,285
protection under section 3734.02 of the Revised Code; an order 19,286
issued by the director as authorized by rule; or the updated 19,287
engineering plans, specifications, and facility and operation 19,288
information approved under division (A)(4) of section 3734.05 of 19,289
the Revised Code. If no authorized maximum daily waste receipt 19,290
is so established, the annual license fee is sixty thousand 19,291
dollars under division (A)(1) of this section and thirty thousand 19,292
dollars under division (A)(2) of this section. 19,293
The authorized maximum daily waste receipt set forth in any 19,295
such document shall be stated in terms of cubic yards of volume 19,296
for the purpose of regulating the design, construction, and 19,297
operation of a solid waste facility. For the purpose of 19,298
determining applicable license fees under this section, the 19,299
authorized maximum daily waste receipt so stated shall be 19,300
converted from cubic yards to tons as the unit of measurement 19,301
based upon a conversion factor of three cubic yards per ton for 19,302
compacted wastes generally and one cubic yard per ton for baled 19,303
wastes. 19,304
(2) The annual license fee for a facility that is an 19,306
incinerator or composting facility is one-half the amount shown 19,307
in division (A)(1) of this section. When a municipal 19,308
447
corporation, county, or township owns and operates more than one 19,309
incinerator within its boundaries, the municipal corporation, 19,310
county, or township shall pay one fee for the licenses for all of 19,311
its incinerators. The fee shall be determined on the basis of 19,312
the aggregate maximum daily waste receipt for all the 19,313
incinerators owned and operated by the municipal corporation, 19,314
county, or township in an amount that is one-half the amount 19,315
shown in division (A)(1) of this section. 19,316
THE ANNUAL FEE FOR A SOLID WASTE COMPOST FACILITY LICENSE 19,318
SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 19,319
AUTHORIZED MAXIMUM ANNUAL 19,321
DAILY WASTE LICENSE 19,322
RECEIPT (TONS) FEE 19,323
12 OR LESS $ 300 19,324
13 TO 25 600 19,325
26 TO 50 1,200 19,326
51 TO 75 1,800 19,327
76 TO 100 2,500 19,328
101 TO 200 6,250 19,329
201 TO 500 15,000 19,330
501 OR MORE 30,000 19,331
(3) The annual license fee for a solid waste facility, 19,334
regardless of its authorized maximum daily waste receipt, is five 19,335
thousand dollars for a facility meeting either of the following 19,336
qualifications: 19,337
(a) The facility is owned by a generator of solid wastes 19,339
when the solid waste facility exclusively disposes of solid 19,340
wastes generated at one or more premises owned by the generator 19,341
regardless of whether the facility is located on a premises where 19,342
the wastes are generated; 19,343
(b) The facility exclusively disposes of wastes that are 19,345
generated from the combustion of coal, or from the combustion of 19,346
primarily coal in combination with scrap tires, that is not 19,347
combined in any way with garbage at one or more premises owned by 19,348
448
the generator. 19,349
(4) The annual license fee for a facility that is a 19,351
transfer facility is seven hundred fifty dollars. 19,352
(5) The same fees shall apply to private operators and to 19,354
the state and its political subdivisions and shall be paid within 19,355
thirty days after issuance of a license. The fee includes the 19,356
cost of licensing, all inspections, and other costs associated 19,357
with the administration of the solid waste provisions of this 19,358
chapter and rules adopted under them, excluding the provisions 19,359
governing scrap tires. Each such license shall specify that it 19,360
is conditioned upon payment of the applicable fee to the board of 19,361
health or the director, as appropriate, within thirty days after 19,362
issuance of the license. 19,363
(B) The board of health shall retain two thousand five 19,365
hundred dollars of each license fee collected by the board under 19,366
divisions (A)(1), (2), and (3) of this section OR THE ENTIRE 19,367
AMOUNT OF ANY SUCH FEE THAT IS LESS THAN TWO THOUSAND FIVE 19,368
HUNDRED DOLLARS. The moneys retained shall be paid into a 19,369
special fund, which is hereby created in each health district, 19,370
and used solely to administer and enforce the solid waste 19,371
provisions of this chapter and the rules adopted under them, 19,372
excluding the provisions governing scrap tires. The remainder of 19,373
each license fee collected by the board shall be transmitted to 19,374
the director within forty-five days after receipt of the fee. 19,375
The director shall transmit these moneys to the treasurer of 19,376
state to be credited to the general revenue fund. The board of 19,377
health shall retain the entire amount of each fee collected under 19,378
division (A)(4) of this section, which moneys shall be paid into 19,379
the special fund of the health district. 19,380
(C)(1) Except as provided in divisions (C)(2) and (3) of 19,382
this section, the annual fee for an infectious waste treatment 19,383
facility license shall be in accordance with the following 19,384
schedule: 19,385
AVERAGE ANNUAL 19,387
449
DAILY WASTE LICENSE 19,388
RECEIPT (TONS) FEE 19,389
100 or less $ 5,000 19,390
101 to 200 12,500 19,391
201 to 500 30,000 19,392
501 or more 60,000 19,393
For the purpose of determining the applicable license fee 19,396
under divisions (C)(1) and (2) of this section, the average daily 19,397
waste receipt shall be the average amount of infectious wastes 19,398
the facility is authorized to receive daily that is established 19,399
in the permit for the facility, and any modifications to that 19,400
permit, issued under division (B)(2)(b) or (d) of section 3734.05 19,401
of the Revised Code; or the annual license for the facility, and 19,402
any revisions to that license, issued under division (B)(2)(a) of 19,403
section 3734.05 of the Revised Code. If no average daily waste 19,404
receipt is so established, the annual license fee is sixty 19,405
thousand dollars under division (C)(1) of this section and thirty 19,406
thousand dollars under division (C)(2) of this section. 19,407
(2) The annual license fee for an infectious waste 19,409
treatment facility that is an incinerator is one-half the amount 19,410
shown in division (C)(1) of this section. 19,411
(3) Fees levied under divisions (C)(1) and (2) of this 19,413
section shall apply to private operators and to the state and its 19,414
political subdivisions and shall be paid within thirty days after 19,415
issuance of a license. The fee includes the cost of licensing, 19,416
all inspections, and other costs associated with the 19,417
administration of the infectious waste provisions of this chapter 19,418
and rules adopted under them. Each such license shall specify 19,419
that it is conditioned upon payment of the applicable fee to the 19,420
board of health or the director, as appropriate, within thirty 19,421
days after issuance of the license. 19,422
(4) The board of health shall retain two thousand five 19,424
hundred dollars of each license fee collected by the board under 19,425
divisions (C)(1) and (2) of this section. The moneys retained 19,426
450
shall be paid into a special infectious waste fund, which is 19,427
hereby created in each health district, and used solely to 19,428
administer and enforce the infectious waste provisions of this 19,429
chapter and the rules adopted under them. The remainder of each 19,430
license fee collected by the board shall be transmitted to the 19,431
director within forty-five days after receipt of the fee. The 19,432
director shall transmit these moneys to the treasurer of state to 19,433
be credited to the general revenue fund. 19,434
Sec. 3734.18. (A) There are hereby levied fees on the 19,443
disposal of hazardous waste to be collected according to the 19,444
following schedule at each disposal facility to which the 19,445
hazardous waste facility board has issued a hazardous waste 19,446
facility installation and operation permit or the director of 19,447
environmental protection has issued a renewal permit pursuant to 19,448
section 3734.05 of the Revised Code: 19,449
(1) For disposal facilities that are off-site facilities 19,451
as defined in division (E) of section 3734.02 of the Revised 19,452
Code, fees shall be levied at the rate of four dollars and fifty 19,453
cents per ton for hazardous waste disposed of by deep well 19,454
injection and nine dollars per ton for hazardous waste disposed 19,456
of by land application or landfilling. The owner or operator of 19,457
the facility, as a trustee for the state, shall collect the fees 19,458
and forward them to the director in accordance with rules adopted 19,459
under this section. 19,460
(2) For disposal facilities that are on-site or satellite 19,462
facilities, as defined in division (E) of section 3734.02 of the 19,463
Revised Code, fees shall be levied at the rate of two dollars per 19,464
ton for hazardous waste disposed of by deep well injection and 19,465
four dollars per ton for hazardous waste disposed of by land 19,466
application or landfilling. The maximum annual disposal fee for 19,467
an on-site disposal facility that disposes of one hundred 19,468
thousand tons or less of hazardous waste in a year is twenty-five 19,469
thousand dollars. The maximum annual disposal fee for an on-site 19,470
facility that disposes of more than one hundred thousand tons of 19,471
451
hazardous waste in a year by land application or landfilling is 19,472
fifty thousand dollars, and the maximum annual fee for an on-site 19,473
facility that disposes of more than one hundred thousand tons of 19,474
hazardous waste in a year by deep well injection is one hundred 19,475
thousand dollars. The maximum annual disposal fee for a 19,476
satellite facility that disposes of one hundred thousand tons or 19,477
less of hazardous waste in a year is thirty-seven thousand five 19,478
hundred dollars, and the maximum annual disposal fee for a 19,479
satellite facility that disposes of more than one hundred 19,480
thousand tons of hazardous waste in a year is seventy-five 19,481
thousand dollars, except that a satellite facility defined under 19,482
division (E)(3)(b) of section 3734.02 of the Revised Code that 19,483
receives hazardous waste from a single generation site is subject 19,484
to the same maximum annual disposal fees as an on-site disposal 19,485
facility. The owner or operator shall pay the fee to the 19,486
director each year upon the anniversary of the date of issuance 19,487
of the owner's or operator's installation and operation permit 19,489
during the term of that permit and any renewal permit issued 19,490
under division (H) of section 3734.05 of the Revised Code. If 19,491
payment is late, the owner or operator shall pay an additional 19,492
ten per cent of the amount of the fee for each month that it is 19,493
late.
(B) There are hereby levied fees at the rate of two 19,495
dollars per ton on hazardous waste that is treated at treatment 19,497
facilities that are not on-site or satellite facilities, as 19,498
defined in division (E) of section 3734.02 of the Revised Code, 19,499
to which the hazardous waste facility board has issued a 19,500
hazardous waste facility installation and operation permit or the 19,501
director has issued a renewal permit, or that are not subject to 19,503
the hazardous waste facility installation and operation permit 19,504
requirements under rules adopted by the director. 19,505
(C) There are hereby levied additional fees on the 19,507
treatment and disposal of hazardous waste at the rate of ten per 19,508
cent of the applicable fees prescribed in division (A) or (B) of 19,510
452
this section for the purposes of paying the costs of municipal 19,511
corporations and counties for conducting reviews of applications 19,512
for hazardous waste facility installation and operation permits 19,513
for proposed new or modified hazardous waste landfills within 19,514
their boundaries, emergency response actions with respect to 19,515
releases of hazardous waste from hazardous waste facilities 19,516
within their boundaries, monitoring the operation of such 19,517
hazardous waste facilities, and local waste management planning 19,518
programs. The owner or operator of a facility located within a 19,519
municipal corporation, as a trustee for the municipal
corporation, shall collect the fees levied by this division and 19,520
forward them to the treasurer of the municipal corporation or 19,521
such officer as, by virtue of the charter, has the duties of the 19,522
treasurer in accordance with rules adopted under this section. 19,524
The owner or operator of a facility located in an unincorporated 19,525
area, as a trustee of the county in which the facility is 19,526
located, shall collect the fees levied by this division and 19,527
forward them to the county treasurer of that county in accordance 19,528
with rules adopted under this section. The owner or operator 19,529
shall pay the fees levied by this division to the treasurer or 19,530
such other officer of the municipal corporation or to the county 19,531
treasurer each year upon the anniversary of the date of issuance 19,532
of the owner's or operator's installation and operation permit 19,534
during the term of that permit and any renewal permit issued 19,535
under division (H) of section 3734.05 of the Revised Code. If 19,536
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 19,537
payment is late.
Moneys received by a municipal corporation under this 19,539
division shall be paid into a special fund of the municipal 19,540
corporation and used exclusively for the purposes of conducting 19,541
reviews of applications for hazardous waste facility installation 19,542
and operation permits for new or modified hazardous waste 19,543
landfills located or proposed within the municipal corporation, 19,544
453
conducting emergency response actions with respect to releases of 19,545
hazardous waste from facilities located within the municipal 19,546
corporation, monitoring operation of such hazardous waste 19,547
facilities, and conducting waste management planning programs 19,548
within the municipal corporation through employees of the 19,549
municipal corporation or pursuant to contracts entered into with 19,550
persons or political subdivisions. Moneys received by a board of 19,551
county commissioners under this division shall be paid into a 19,552
special fund of the county and used exclusively for those 19,553
purposes within the unincorporated area of the county through 19,554
employees of the county or pursuant to contracts entered into 19,555
with persons or political subdivisions. 19,556
(D) As used in this section, "treatment" or "treated" does 19,558
not include any method, technique, or process designed to recover 19,559
energy or material resources from the waste or to render the 19,560
waste amenable for recovery. The fees levied by division (B) of 19,563
this section do not apply to hazardous waste that is treated and 19,564
disposed of on the same premises or by the same person. 19,565
(E) The director, by rules adopted in accordance with 19,567
Chapters 119. and 3745. of the Revised Code, shall prescribe any 19,568
dates not specified in this section and procedures for collecting 19,569
and forwarding the fees prescribed by this section and may 19,570
prescribe other requirements that are necessary to carry out this 19,571
section. 19,572
The director shall deposit the moneys collected under 19,574
divisions (A) and (B) of this section into one or more minority 19,577
banks, as "minority bank" is defined in division (F)(1) of 19,579
section 135.04 of the Revised Code, to the credit of the
hazardous waste facility management fund, which is hereby created 19,580
in the state treasury, except that the director shall deposit to 19,581
the credit of the underground injection control fund created in 19,582
section 6111.046 of the Revised Code moneys in excess of fifty 19,583
thousand dollars that are collected during a fiscal year under 19,584
division (A)(2) of this section from the fee levied on the 19,585
454
disposal of hazardous waste by deep well injection at an on-site 19,586
disposal facility that disposes of more than one hundred thousand 19,587
tons of hazardous waste in a year. 19,588
The environmental protection agency and the hazardous waste 19,590
facility board may use moneys in the hazardous waste facility 19,591
management fund for administration of the hazardous waste program 19,592
established under this chapter and, in accordance with this 19,593
section, may request approval by the controlling board for that 19,595
use on an annual basis. In addition, the agency may use and 19,596
pledge moneys in that fund for repayment of and for interest on 19,597
any loans made by the Ohio water development authority to the 19,598
agency for the hazardous waste program established under this 19,599
chapter without the necessity of requesting approval by the 19,600
controlling board, which use and pledge shall have priority over 19,601
any other use of the moneys in the fund. 19,602
Until September 28, 1996, the director also may use moneys 19,605
in the fund to pay the start-up costs of administering Chapter 19,606
3746. of the Revised Code. Not later than thirteen years after 19,607
so using any such moneys, ending on June 30, 2008, the director 19,608
shall reimburse the fund in the amount of moneys so used with 19,609
moneys from the voluntary action program administration fund 19,610
created in section 3746.16 of the Revised Code. Beginning in 19,611
fiscal year 1999, the amount that is reimbursed in each fiscal 19,612
year shall not exceed two hundred eighty thousand three hundred
twenty-eight dollars. 19,613
If moneys in the hazardous waste facility management fund 19,615
that the agency uses in accordance with this chapter are 19,616
reimbursed by grants or other moneys from the United States 19,617
government, the grants or other moneys shall be placed in the 19,618
fund. If moneys in the fund that the agency uses to pay the 19,619
state's long-term operation and maintenance costs or matching 19,620
share for actions taken under the "Comprehensive Environmental 19,621
Response, Compensation, and Liability Act of 1980," 94 Stat. 19,622
2767, 42 U.S.C.A. 9601, as amended, are reimbursed by grants or 19,623
455
other moneys from any person, the reimbursed moneys shall be 19,624
placed in the fund for reuse as the state's long term operation 19,625
and maintenance costs or matching share for such actions and not 19,626
in the general revenue fund or the hazardous waste clean-up fund 19,627
created in section 3734.28 of the Revised Code. 19,628
Before the agency makes any expenditure from the hazardous 19,630
waste facility management fund other than for repayment of and 19,631
interest on any loan made by the Ohio water development authority 19,632
to the agency in accordance with this section, the controlling 19,633
board shall approve the expenditure. 19,634
Sec. 3734.28. All moneys collected under sections 19,644
3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the 19,646
Revised Code and natural resource damages collected by the state 19,647
under the "Comprehensive Environmental Response, Compensation, 19,648
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 19,649
amended, shall be paid into the state treasury to the credit of 19,650
the hazardous waste clean-up fund, which is hereby created. The 19,651
environmental protection agency shall use the moneys in the fund 19,652
only for the purposes set forth in division (D) of section
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 19,654
3734.26, and 3734.27, and, through June 30, 1999 2001, Chapter 19,656
3746. of the Revised Code and for any related enforcement 19,657
expenses. IN ADDITION, THE AGENCY SHALL USE THE MONEYS IN THE 19,658
FUND TO PAY THE STATE'S LONG-TERM OPERATION AND MAINTENANCE COSTS 19,659
OR MATCHING SHARE FOR ACTIONS TAKEN UNDER THE COMPREHENSIVE 19,660
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 19,661
AS AMENDED. IF THOSE MONEYS ARE REIMBURSED BY GRANTS OR OTHER 19,662
MONEYS FROM THE UNITED STATES OR ANY OTHER PERSON, THE MONEYS 19,663
SHALL BE PLACED IN THE FUND AND NOT IN THE GENERAL REVENUE FUND. 19,664
Sec. 3734.281. NOTWITHSTANDING ANY PROVISION OF LAW TO 19,666
THE CONTRARY, ANY MONEYS SET ASIDE BY THE STATE FOR THE CLEANUP 19,667
AND REMEDIATION OF THE ASHTABULA RIVER; ANY MONEYS COLLECTED FROM 19,668
SETTLEMENTS MADE BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION, 19,669
INCLUDING THOSE ASSOCIATED WITH BANKRUPTCIES, RELATED TO ACTIONS 19,671
456
BROUGHT UNDER SECTION 3734.14, 3734.20, 3734.22, 6111.03, OR
6111.04 OF THE REVISED CODE; AND ANY MONEYS RECEIVED UNDER THE 19,673
"COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 19,677
LIABILITY ACT OF 1980," 94 STAT. 2767, 42 U.S.C. 9602, AS 19,678
AMENDED, MAY BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 19,679
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 19,680
AT A HAZARDOUS WASTE FACILITY, SOLID WASTE FACILITY, OR OTHER 19,681
LOCATION AT WHICH THE DIRECTOR HAS REASON TO BELIEVE THERE IS A 19,682
SUBSTANTIAL THREAT TO PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT. 19,683
REMEDIATION MAY INCLUDE THE DIRECT AND INDIRECT COSTS ASSOCIATED 19,684
WITH THE OVERSEEING, SUPERVISING, PERFORMING, VERIFYING, OR 19,685
REVIEWING OF REMEDIATION ACTIVITIES BY AGENCY EMPLOYEES. ALL 19,686
INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 19,687
Sec. 3734.57. (A) For the purposes of paying the state's 19,696
long-term operation costs or matching share for actions taken 19,697
under the "Comprehensive Environmental Response, Compensation, 19,698
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 19,699
amended; paying the costs of measures for proper clean-up of 19,700
sites where polychlorinated biphenyls and substances, equipment, 19,701
and devices containing or contaminated with polychlorinated 19,702
biphenyls have been stored or disposed of; paying the costs of 19,703
conducting surveys or investigations of solid waste facilities or 19,704
other locations where it is believed that significant quantities 19,705
of hazardous waste were disposed of and for conducting 19,706
enforcement actions arising from the findings of such surveys or 19,707
investigations; and paying the costs of acquiring and cleaning 19,708
up, or providing financial assistance for cleaning up, any 19,709
hazardous waste facility or solid waste facility containing 19,710
significant quantities of hazardous waste, that constitutes an 19,711
imminent and substantial threat to public health or safety or the 19,712
environment; and, from July 1, 1997 1999, through June 30, 1999 19,714
2001, for the purposes of paying the costs of administering and 19,715
457
enforcing the laws pertaining to solid wastes, infectious wastes, 19,716
and construction and demolition debris, including, without 19,717
limitation, ground water evaluations related to solid wastes, 19,718
infectious wastes, and construction and demolition debris, under 19,719
this chapter and Chapter 3714. of the Revised Code and any rules 19,720
adopted under them, and paying a share of the administrative 19,721
costs of the environmental protection agency pursuant to section 19,722
3745.014 of the Revised Code, the following fees are hereby 19,723
levied on the disposal of solid wastes in this state: 19,724
(1) One dollar per ton on and after July 1, 1993; 19,726
(2) An additional seventy-five cents per ton on and after 19,729
July 1, 1997 1999, through June 30, 1999 2001. 19,730
The owner or operator of a solid waste disposal facility 19,732
shall collect the fees levied under this division as a trustee 19,733
for the state and shall prepare and file with the director of 19,734
environmental protection monthly returns indicating the total 19,735
tonnage of solid wastes received for disposal at the gate of the 19,736
facility and the total amount of the fees collected under this 19,737
division. Not later than thirty days after the last day of the 19,738
month to which such a return applies, the owner or operator shall 19,739
mail to the director the return for that month together with the 19,740
fees collected during that month as indicated on the return. The 19,741
owner or operator may request an extension of not more than 19,742
thirty days for filing the return and remitting the fees, 19,743
provided that the owner or operator has submitted such a request 19,745
in writing to the director together with a detailed description 19,746
of why the extension is requested, the director has received the 19,747
request not later than the day on which the return is required to 19,748
be filed, and the director has approved the request. If the fees 19,749
are not remitted within sixty days after the last day of the 19,750
month during which they were collected, the owner or operator 19,751
shall pay an additional fifty per cent of the amount of the fees 19,752
for each month that they are late. 19,753
One-half of the moneys remitted to the director under 19,755
458
division (A)(1) of this section shall be credited to the 19,756
hazardous waste facility management fund created in section 19,757
3734.18 of the Revised Code, and one-half shall be credited to 19,758
the hazardous waste clean-up fund created in section 3734.28 of 19,759
the Revised Code. The moneys remitted to the director under 19,760
division (A)(2) of this section shall be credited to the solid 19,761
waste fund, which is hereby created in the state treasury. The 19,762
environmental protection agency shall use moneys in the solid 19,763
waste fund only to pay the costs of administering and enforcing 19,764
the laws pertaining to solid wastes, infectious wastes, and 19,765
construction and demolition debris, including, without 19,766
limitation, ground water evaluations related to solid wastes, 19,767
infectious wastes, and construction and demolition debris, under 19,768
this chapter and Chapter 3714. of the Revised Code and rules 19,769
adopted under them and to pay a share of the administrative costs 19,771
of the environmental protection agency pursuant to section 19,772
3745.014 of the Revised Code. 19,773
The fees levied under this division and divisions (B) and 19,775
(C) of this section are in addition to all other applicable fees 19,776
and taxes and shall be added to any other fee or amount specified 19,777
in a contract that is charged by the owner or operator of a solid 19,778
waste disposal facility or to any other fee or amount that is 19,779
specified in a contract entered into on or after March 4, 1992, 19,780
and that is charged by a transporter of solid wastes. 19,781
(B) For the purpose of preparing, revising, and 19,783
implementing the solid waste management plan of the county or 19,784
joint solid waste management district, including, without 19,785
limitation, the development and implementation of solid waste 19,786
recycling or reduction programs; providing financial assistance 19,787
to boards of health within the district, if solid waste 19,788
facilities are located within the district, for the enforcement 19,789
of this chapter and rules adopted and orders and terms and 19,791
conditions of permits, licenses, and variances issued under it, 19,792
other than the hazardous waste provisions of this chapter and 19,793
459
rules adopted and orders and terms and conditions of permits 19,794
issued under those provisions; providing financial assistance to 19,796
the county to defray the added costs of maintaining roads and 19,797
other public facilities and of providing emergency and other 19,798
public services resulting from the location and operation of a 19,799
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 19,800
by boards of health for collecting and analyzing water samples 19,801
from public or private wells on lands adjacent to solid waste 19,802
facilities that are contained in the approved or amended plan of 19,803
the district; paying the costs of developing and implementing a 19,804
program for the inspection of solid wastes generated outside the 19,805
boundaries of this state that are disposed of at solid waste 19,806
facilities included in the district's approved solid waste 19,807
management plan or amended plan; providing financial assistance 19,808
to boards of health within the district for enforcing laws 19,809
prohibiting open dumping; providing financial assistance to local 19,810
law enforcement agencies within the district for enforcing laws 19,811
and ordinances prohibiting littering; providing financial 19,812
assistance to boards of health of health districts within the 19,813
district that are on the approved list under section 3734.08 of 19,814
the Revised Code for the training and certification required for 19,815
their employees responsible for solid waste enforcement by rules 19,816
adopted under division (L) of section 3734.02 of the Revised 19,817
Code; providing financial assistance to individual municipal 19,818
corporations and townships within the district to defray their 19,819
added costs of maintaining roads and other public facilities and 19,820
of providing emergency and other public services resulting from 19,821
the location and operation within their boundaries of a 19,822
composting, energy or resource recovery, incineration, or 19,823
recycling facility that either is owned by the district or is 19,824
furnishing solid waste management facility or recycling services 19,825
to the district pursuant to a contract or agreement with the 19,826
board of county commissioners or directors of the district; and 19,827
460
payment of any expenses that are agreed to, awarded, or ordered 19,828
to be paid under section 3734.35 of the Revised Code and of any 19,830
administrative costs incurred pursuant to that section, the solid 19,831
waste management policy committee of a county or joint solid 19,832
waste management district may levy fees upon the following
activities: 19,833
(1) The disposal at a solid waste disposal facility 19,835
located in the district of solid wastes generated within the 19,836
district; 19,837
(2) The disposal at a solid waste disposal facility within 19,839
the district of solid wastes generated outside the boundaries of 19,840
the district, but inside this state; 19,841
(3) The disposal at a solid waste disposal facility within 19,843
the district of solid wastes generated outside the boundaries of 19,844
this state. 19,845
If any such fees are levied prior to January 1, 1994, fees 19,847
levied under division (B)(1) of this section always shall be 19,848
equal to one-half of the fees levied under division (B)(2) of 19,849
this section, and fees levied under division (B)(3) of this 19,850
section, which shall be in addition to fees levied under division 19,851
(B)(2) of this section, always shall be equal to fees levied 19,852
under division (B)(1) of this section, except as otherwise 19,853
provided in this division. The solid waste management plan of 19,854
the county or joint district approved under section 3734.521 or 19,855
3734.55 of the Revised Code and any amendments to it, or the 19,856
resolution adopted under this division, as appropriate, shall 19,857
establish the rates of the fees levied under divisions (B)(1), 19,858
(2), and (3) of this section, if any, and shall specify whether 19,859
the fees are levied on the basis of tons or cubic yards as the 19,860
unit of measurement. Although the fees under divisions (A)(1) 19,861
and (2) of this section are levied on the basis of tons as the 19,862
unit of measurement, the solid waste management plan of the 19,863
district and any amendments to it or the solid waste management 19,864
policy committee in its resolution levying fees under this 19,865
461
division may direct that the fees levied under those divisions be 19,866
levied on the basis of cubic yards as the unit of measurement 19,867
based upon a conversion factor of three cubic yards per ton 19,868
generally or one cubic yard per ton for baled wastes if the fees 19,869
under divisions (B)(1) to (3) of this section are being levied on 19,870
the basis of cubic yards as the unit of measurement under the 19,871
plan, amended plan, or resolution. 19,872
On and after January 1, 1994, the fee levied under division 19,874
(B)(1) of this section shall be not less than one dollar per ton 19,875
nor more than two dollars per ton, the fee levied under division 19,876
(B)(2) of this section shall be not less than two dollars per ton 19,877
nor more than four dollars per ton, and the fee levied under 19,878
division (B)(3) of this section shall be not more than the fee 19,879
levied under division (B)(1) of this section, except as otherwise 19,880
provided in this division and notwithstanding any schedule of 19,881
those fees established in the solid waste management plan of a 19,882
county or joint district approved under section 3734.55 of the 19,883
Revised Code or a resolution adopted and ratified under this 19,884
division that is in effect on that date. If the fee that a 19,885
district is levying under division (B)(1) of this section on that 19,886
date under its approved plan or such a resolution is less than 19,887
one dollar per ton, the fee shall be one dollar per ton on and 19,888
after January 1, 1994, and if the fee that a district is so 19,889
levying under that division exceeds two dollars per ton, the fee 19,890
shall be two dollars per ton on and after that date. If the fee 19,891
that a district is so levying under division (B)(2) of this 19,892
section is less than two dollars per ton, the fee shall be two 19,893
dollars per ton on and after that date, and if the fee that the 19,894
district is so levying under that division exceeds four dollars 19,895
per ton, the fee shall be four dollars per ton on and after that 19,896
date. On that date, the fee levied by a district under division 19,897
(B)(3) of this section shall be equal to the fee levied under 19,898
division (B)(1) of this section. Except as otherwise provided in 19,899
this division, the fees established by the operation of this 19,900
462
amendment shall remain in effect until the district's resolution 19,901
levying fees under this division is amended or repealed in 19,902
accordance with this division to amend or abolish the schedule of 19,903
fees, the schedule of fees is amended or abolished in an amended 19,904
plan of the district approved under section 3734.521 or division 19,905
(A) or (D) of section 3734.56 of the Revised Code, or the 19,906
schedule of fees is amended or abolished through an amendment to 19,907
the district's plan under division (E) of section 3734.56 of the 19,908
Revised Code; the notification of the amendment or abolishment of 19,909
the fees has been given in accordance with this division; and 19,910
collection of the amended fees so established commences, or 19,911
collection of the fees ceases, in accordance with this division. 19,912
The solid waste management policy committee of a district 19,914
levying fees under divisions (B)(1) to (3) of this section on 19,916
October 29, 1993, under its solid waste management plan approved 19,917
under section 3734.55 of the Revised Code or a resolution adopted 19,919
and ratified under this division that are within the ranges of 19,920
rates prescribed by this amendment, by adoption of a resolution 19,921
not later than December 1, 1993, and without the necessity for 19,922
ratification of the resolution under this division, may amend 19,923
those fees within the prescribed ranges, provided that the 19,924
estimated revenues from the amended fees will not substantially 19,925
exceed the estimated revenues set forth in the district's budget 19,926
for calendar year 1994. Not later than seven days after the 19,927
adoption of such a resolution, the committee shall notify by 19,928
certified mail the owner or operator of each solid waste disposal 19,929
facility that is required to collect the fees of the adoption of 19,930
the resolution and of the amount of the amended fees. Collection 19,931
of the amended fees shall take effect on the first day of the 19,932
first month following the month in which the notification is sent 19,933
to the owner or operator. The fees established in such a 19,934
resolution shall remain in effect until the district's resolution 19,935
levying fees that was adopted and ratified under this division is 19,936
amended or repealed, and the amendment or repeal of the 19,937
463
resolution is ratified, in accordance with this division, to 19,938
amend or abolish the fees, the schedule of fees is amended or 19,939
abolished in an amended plan of the district approved under 19,940
section 3734.521 or division (A) or (D) of section 3734.56 of the 19,941
Revised Code, or the schedule of fees is amended or abolished 19,942
through an amendment to the district's plan under division (E) of 19,943
section 3734.56 of the Revised Code; the notification of the 19,944
amendment or abolishment of the fees has been given in accordance 19,945
with this division; and collection of the amended fees so 19,946
established commences, or collection of the fees ceases, in 19,947
accordance with this division.
Prior to the approval of the solid waste management plan of 19,949
the district under section 3734.55 of the Revised Code, the solid 19,950
waste management policy committee of a district may levy fees 19,951
under this division by adopting a resolution establishing the 19,952
proposed amount of the fees. Upon adopting the resolution, the 19,953
committee shall deliver a copy of the resolution to the board of 19,954
county commissioners of each county forming the district and to 19,955
the legislative authority of each municipal corporation and 19,956
township under the jurisdiction of the district and shall prepare 19,957
and publish the resolution and a notice of the time and location 19,958
where a public hearing on the fees will be held. Upon adopting 19,959
the resolution, the committee shall deliver written notice of the 19,960
adoption of the resolution; of the amount of the proposed fees; 19,961
and of the date, time, and location of the public hearing to the 19,962
director and to the fifty industrial, commercial, or 19,963
institutional generators of solid wastes within the district that 19,964
generate the largest quantities of solid wastes, as determined by 19,965
the committee, and to their local trade associations. The 19,966
committee shall make good faith efforts to identify those 19,967
generators within the district and their local trade 19,968
associations, but the nonprovision of notice under this division 19,969
to a particular generator or local trade association does not 19,970
invalidate the proceedings under this division. The publication 19,971
464
shall occur at least thirty days before the hearing. After the 19,972
hearing, the committee may make such revisions to the proposed 19,973
fees as it considers appropriate and thereafter, by resolution, 19,974
shall adopt the revised fee schedule. Upon adopting the revised 19,975
fee schedule, the committee shall deliver a copy of the 19,976
resolution doing so to the board of county commissioners of each 19,977
county forming the district and to the legislative authority of 19,978
each municipal corporation and township under the jurisdiction of 19,979
the district. Within sixty days after the delivery of a copy of 19,980
the resolution adopting the proposed revised fees by the policy 19,981
committee, each such board and legislative authority, by 19,982
ordinance or resolution, shall approve or disapprove the revised 19,983
fees and deliver a copy of the ordinance or resolution to the 19,984
committee. If any such board or legislative authority fails to 19,985
adopt and deliver to the policy committee an ordinance or 19,986
resolution approving or disapproving the revised fees within 19,987
sixty days after the policy committee delivered its resolution 19,988
adopting the proposed revised fees, it shall be conclusively 19,989
presumed that the board or legislative authority has approved the 19,990
proposed revised fees. 19,991
In the case of a county district or a joint district formed 19,993
by two or three counties, the committee shall declare the 19,994
proposed revised fees to be ratified as the fee schedule of the 19,995
district upon determining that the board of county commissioners 19,996
of each county forming the district has approved the proposed 19,997
revised fees and that the legislative authorities of a 19,998
combination of municipal corporations and townships with a 19,999
combined population within the district comprising at least sixty 20,000
per cent of the total population of the district have approved 20,001
the proposed revised fees, provided that in the case of a county 20,002
district, that combination shall include the municipal 20,003
corporation having the largest population within the boundaries 20,004
of the district, and provided further that in the case of a joint 20,005
district formed by two or three counties, that combination shall 20,006
465
include for each county forming the joint district the municipal 20,007
corporation having the largest population within the boundaries 20,008
of both the county in which the municipal corporation is located 20,009
and the joint district. In the case of a joint district formed 20,010
by four or more counties, the committee shall declare the 20,011
proposed revised fees to be ratified as the fee schedule of the 20,012
joint district upon determining that the boards of county 20,013
commissioners of a majority of the counties forming the district 20,014
have approved the proposed revised fees; that, in each of a 20,015
majority of the counties forming the joint district, the proposed 20,016
revised fees have been approved by the municipal corporation 20,017
having the largest population within the county and the joint 20,018
district; and that the legislative authorities of a combination 20,019
of municipal corporations and townships with a combined 20,020
population within the joint district comprising at least sixty 20,021
per cent of the total population of the joint district have 20,022
approved the proposed revised fees. 20,023
For the purposes of this division, only the population of 20,025
the unincorporated area of a township shall be considered. For 20,026
the purpose of determining the largest municipal corporation 20,027
within each county under this division, a municipal corporation 20,028
that is located in more than one solid waste management district, 20,029
but that is under the jurisdiction of one county or joint solid 20,030
waste management district in accordance with division (A) of 20,031
section 3734.52 of the Revised Code shall be considered to be 20,032
within the boundaries of the county in which a majority of the 20,033
population of the municipal corporation resides. 20,034
The committee may amend the schedule of fees levied 20,036
pursuant to a resolution or amended resolution adopted and 20,037
ratified under this division by adopting a resolution 20,038
establishing the proposed amount of the amended fees. The 20,039
committee may abolish the fees levied pursuant to such a 20,040
resolution or amended resolution by adopting a resolution 20,041
proposing to repeal them. Upon adopting such a resolution, the 20,042
466
committee shall proceed to obtain ratification of the resolution 20,043
in accordance with this division. 20,044
Not later than fourteen days after declaring the fees or 20,046
amended fees to be ratified under this division, the committee 20,047
shall notify by certified mail the owner or operator of each 20,048
solid waste disposal facility that is required to collect the 20,049
fees of the ratification and the amount of the fees. Collection 20,050
of any fees or amended fees ratified on or after March 24, 1992, 20,051
shall commence on the first day of the second month following the 20,052
month in which notification is sent to the owner or operator. 20,053
Not later than fourteen days after declaring the repeal of 20,055
the district's schedule of fees to be ratified under this 20,056
division, the committee shall notify by certified mail the owner 20,057
or operator of each facility that is collecting the fees of the 20,058
repeal. Collection of the fees shall cease on the first day of 20,059
the second month following the month in which notification is 20,060
sent to the owner or operator. 20,061
Not later than fourteen days after the director issues an 20,063
order approving a district's solid waste management plan under 20,064
section 3734.55 of the Revised Code or amended plan under 20,065
division (A) or (D) of section 3734.56 of the Revised Code that 20,066
establishes or amends a schedule of fees levied by the district, 20,067
or the ratification of an amendment to the district's approved 20,068
plan or amended plan under division (E) of section 3734.56 of the 20,069
Revised Code that establishes or amends a schedule of fees, as 20,070
appropriate, the committee shall notify by certified mail the 20,071
owner or operator of each solid waste disposal facility that is 20,072
required to collect the fees of the approval of the plan or 20,073
amended plan, or the amendment to the plan, as appropriate, and 20,074
the amount of the fees or amended fees. In the case of an 20,075
initial or amended plan approved under section 3734.521 of the 20,076
Revised Code in connection with a change in district composition, 20,077
other than one involving the withdrawal of a county from a joint 20,078
district, that establishes or amends a schedule of fees levied 20,079
467
under divisions (B)(1) to (3) of this section by a district 20,080
resulting from the change, the committee, within fourteen days 20,081
after the change takes effect pursuant to division (G) of that 20,082
section, shall notify by certified mail the owner or operator of 20,083
each solid waste disposal facility that is required to collect 20,084
the fees that the change has taken effect and of the amount of 20,085
the fees or amended fees. Collection of any fees set forth in a 20,086
plan or amended plan approved by the director on or after April 20,087
16, 1993, or an amendment of a plan or amended plan under 20,088
division (E) of section 3734.56 of the Revised Code that is 20,089
ratified on or after April 16, 1993, shall commence on the first 20,090
day of the second month following the month in which notification 20,091
is sent to the owner or operator. 20,092
Not later than fourteen days after the director issues an 20,094
order approving a district's plan under section 3734.55 of the 20,095
Revised Code or amended plan under division (A) or (D) of section 20,096
3734.56 of the Revised Code that abolishes the schedule of fees 20,097
levied under divisions (B)(1) to (3) of this section, or an 20,098
amendment to the district's approved plan or amended plan 20,099
abolishing the schedule of fees is ratified pursuant to division 20,100
(E) of section 3734.56 of the Revised Code, as appropriate, the 20,101
committee shall notify by certified mail the owner or operator of 20,102
each facility that is collecting the fees of the approval of the 20,103
plan or amended plan, or the amendment of the plan or amended 20,104
plan, as appropriate, and the abolishment of the fees. In the 20,105
case of an initial or amended plan approved under section 20,106
3734.521 of the Revised Code in connection with a change in 20,107
district composition, other than one involving the withdrawal of 20,108
a county from a joint district, that abolishes the schedule of 20,109
fees levied under divisions (B)(1) to (3) of this section by a 20,110
district resulting from the change, the committee, within 20,111
fourteen days after the change takes effect pursuant to division 20,112
(G) of that section, shall notify by certified mail the owner or 20,113
operator of each solid waste disposal facility that is required 20,114
468
to collect the fees that the change has taken effect and of the 20,115
abolishment of the fees. Collection of the fees shall cease on 20,116
the first day of the second month following the month in which 20,117
notification is sent to the owner or operator. 20,118
Except as otherwise provided in this division, if the 20,120
schedule of fees that a district is levying under divisions 20,121
(B)(1) to (3) of this section pursuant to a resolution or amended 20,122
resolution adopted and ratified under this division, the solid 20,123
waste management plan of the district approved under section 20,124
3734.55 of the Revised Code, an amended plan approved under 20,125
division (A) or (D) of section 3734.56 of the Revised Code, or an 20,126
amendment to the district's approved plan or amended plan under 20,127
division (E) of section 3734.56 of the Revised Code, is amended 20,128
by the adoption and ratification of an amendment to the 20,129
resolution or amended resolution or an amendment of the 20,130
district's approved plan or amended plan, the fees in effect 20,131
immediately prior to the approval of the plan or the amendment of 20,132
the resolution, amended resolution, plan, or amended plan, as 20,133
appropriate, shall continue to be collected until collection of 20,134
the amended fees commences pursuant to this division. 20,135
If, in the case of a change in district composition 20,137
involving the withdrawal of a county from a joint district, the 20,138
director completes the actions required under division (G)(1) or 20,139
(3) of section 3734.521 of the Revised Code, as appropriate, 20,140
forty-five days or more before the beginning of a calendar year, 20,141
the policy committee of each of the districts resulting from the 20,142
change that obtained the director's approval of an initial or 20,143
amended plan in connection with the change, within fourteen days 20,144
after the director's completion of the required actions, shall 20,145
notify by certified mail the owner or operator of each solid 20,146
waste disposal facility that is required to collect the 20,147
district's fees that the change is to take effect on the first 20,148
day of January immediately following the issuance of the notice 20,149
and of the amount of the fees or amended fees levied under 20,150
469
divisions (B)(1) to (3) of this section pursuant to the 20,151
district's initial or amended pan PLAN as so approved or, if 20,152
appropriate, the abolishment of the district's fees by that 20,153
initial or amended plan. Collection of any fees set forth in 20,154
such a plan or amended plan shall commence on the first day of 20,155
January immediately following the issuance of the notice. If 20,156
such an initial or amended plan abolishes a schedule of fees, 20,157
collection of the fees shall cease on that first day of January. 20,158
If, in the case of a change in district composition 20,160
involving the withdrawal of a county from a joint district, the 20,161
director completes the actions required under division (G)(1) or 20,162
(3) of section 3734.521 of the Revised Code, as appropriate, less 20,163
than forty-five days before the beginning of a calendar year, the 20,164
director, on behalf of each of the districts resulting from the 20,165
change that obtained the director's approval of an initial or 20,166
amended plan in connection with the change proceedings, shall 20,167
notify by certified mail the owner or operator of each solid 20,168
waste disposal facility that is required to collect the 20,169
district's fees that the change is to take effect on the first 20,170
day of January immediately following the mailing of the notice 20,171
and of the amount of the fees or amended fees levied under 20,172
divisions (B)(1) to (3) of this section pursuant to the 20,173
district's initial or amended plan as so approved or, if 20,174
appropriate, the abolishment of the district's fees by that 20,175
initial or amended plan. Collection of any fees set forth in 20,176
such a plan or amended plan shall commence on the first day of 20,177
the second month following the month in which notification is 20,178
sent to the owner or operator. If such an initial or amended 20,179
plan abolishes a schedule of fees, collection of the fees shall 20,180
cease on the first day of the second month following the month in 20,181
which notification is sent to the owner or operator. 20,182
In the case of a change in district composition, the 20,184
schedule of fees that the former districts that existed prior to 20,185
the change were levying under divisions (B)(1) to (3) of this 20,186
470
section pursuant to a resolution or amended resolution adopted 20,187
and ratified under this division, the solid waste management plan 20,188
of a former district approved under section 3734.521 or 3734.55 20,189
of the Revised Code, an amended plan approved under section 20,190
3734.521 or division (A) or (D) of section 3734.56 of the Revised 20,191
Code, or an amendment to a former district's approved plan or 20,192
amended plan under division (E) of section 3734.56 of the Revised 20,193
Code, and that were in effect on the date that the director 20,194
completed the actions required under division (G)(1) or (3) of 20,195
section 3734.521 of the Revised Code shall continue to be 20,196
collected until the collection of the fees or amended fees of the 20,197
districts resulting from the change is required to commence, or 20,198
if an initial or amended plan of a resulting district abolishes a 20,199
schedule of fees, collection of the fees is required to cease, 20,200
under this division. Moneys so received from the collection of 20,201
the fees of the former districts shall be divided among the 20,202
resulting districts in accordance with division (B) of section 20,203
343.012 of the Revised Code and the agreements entered into under 20,204
division (B) of section 343.01 of the Revised Code to establish 20,205
the former and resulting districts and any amendments to those 20,206
agreements. 20,207
For the purposes of the provisions of division (B) of this 20,209
section establishing the times when newly established or amended 20,210
fees levied by a district are required to commence and the 20,211
collection of fees that have been amended or abolished is 20,212
required to cease, "fees" or "schedule of fees" includes, in 20,213
addition to fees levied under divisions (B)(1) to (3) of this 20,214
section, those levied under section 3734.573 or 3734.574 of the 20,215
Revised Code. 20,216
(C) For the purposes of defraying the added costs to a 20,218
municipal corporation or township of maintaining roads and other 20,219
public facilities and of providing emergency and other public 20,220
services, and compensating a municipal corporation or township 20,221
for reductions in real property tax revenues due to reductions in 20,222
471
real property valuations resulting from the location and 20,223
operation of a solid waste disposal facility within the municipal 20,224
corporation or township, a municipal corporation or township in 20,225
which such a solid waste disposal facility is located may levy a 20,226
fee of not more than twenty-five cents per ton on the disposal of 20,227
solid wastes at a solid waste disposal facility located within 20,228
the boundaries of the municipal corporation or township 20,229
regardless of where the wastes were generated. 20,230
The legislative authority of a municipal corporation or 20,232
township may levy fees under this division by enacting an 20,233
ordinance or adopting a resolution establishing the amount of the 20,234
fees. Upon so doing the legislative authority shall mail a 20,235
certified copy of the ordinance or resolution to the board of 20,236
county commissioners or directors of the county or joint solid 20,237
waste management district in which the municipal corporation or 20,238
township is located or, if a regional solid waste management 20,239
authority has been formed under section 343.011 of the Revised 20,240
Code, to the board of trustees of that regional authority, the 20,241
owner or operator of each solid waste disposal facility in the 20,242
municipal corporation or township that is required to collect the 20,243
fee by the ordinance or resolution, and the director of 20,244
environmental protection. Although the fees levied under this 20,245
division are levied on the basis of tons as the unit of 20,246
measurement, the legislative authority, in its ordinance or 20,247
resolution levying the fees under this division, may direct that 20,248
the fees be levied on the basis of cubic yards as the unit of 20,249
measurement based upon a conversion factor of three cubic yards 20,250
per ton generally or one cubic yard per ton for baled wastes. 20,251
Not later than five days after enacting an ordinance or 20,253
adopting a resolution under this division, the legislative 20,254
authority shall so notify by certified mail the owner or operator 20,255
of each solid waste disposal facility that is required to collect 20,256
the fee. Collection of any fee levied on or after March 24, 20,257
1992, shall commence on the first day of the second month 20,258
472
following the month in which notification is sent to the owner or 20,259
operator. 20,260
(D)(1) The fees levied under divisions (A), (B), and (C) 20,262
of this section do not apply to the disposal of solid wastes 20,264
that:
(a) Are disposed of at a facility owned by the generator 20,266
of the wastes when the solid waste facility exclusively disposes 20,267
of solid wastes generated at one or more premises owned by the 20,268
generator regardless of whether the facility is located on a 20,269
premises where the wastes are generated; 20,270
(b) Are disposed of at facilities that exclusively dispose 20,272
of wastes that are generated from the combustion of coal, or from 20,273
the combustion of primarily coal in combination with scrap tires, 20,274
that is not combined in any way with garbage at one or more 20,275
premises owned by the generator. 20,276
(2) Except as provided in section 3734.571 of the Revised 20,278
Code, any fees levied under division (B)(1) of this section apply 20,279
to solid wastes originating outside the boundaries of a county or 20,280
joint district that are covered by an agreement for the joint use 20,281
of solid waste facilities entered into under section 343.02 of 20,282
the Revised Code by the board of county commissioners or board of 20,283
directors of the county or joint district where the wastes are 20,284
generated and disposed of. 20,285
(3) When solid wastes, other than solid wastes that 20,287
consist of scrap tires, are burned in a disposal facility that is 20,288
an incinerator or energy recovery facility, the fees levied under 20,289
divisions (A), (B), and (C) of this section shall be levied upon 20,291
the disposal of the fly ash and bottom ash remaining after 20,292
burning of the solid wastes and shall be collected by the owner 20,293
or operator of the sanitary landfill where the ash is disposed 20,294
of.
(4) When solid wastes are delivered to a solid waste 20,296
transfer facility, the fees levied under divisions (A), (B), and 20,297
(C) of this section shall be levied upon the disposal of solid 20,299
473
wastes transported off the premises of the transfer facility for 20,300
disposal and shall be collected by the owner or operator of the 20,301
solid waste disposal facility where the wastes are disposed of. 20,302
(5) The fees levied under divisions (A), (B), and (C) of 20,304
this section do not apply to sewage sludge that is generated by a 20,305
waste water treatment facility holding a national pollutant 20,306
discharge elimination system permit and that is disposed of 20,307
through incineration, land application, or composting or at 20,308
another resource recovery or disposal facility that is not a 20,309
landfill. 20,310
(6) The fees levied under divisions (A), (B), and (C) of 20,312
this section do not apply to solid wastes delivered to a solid 20,313
waste composting facility for processing. When any unprocessed 20,314
solid waste or compost product is transported off the premises of 20,315
a composting facility and disposed of at a landfill, the fees 20,316
levied under divisions (A), (B), and (C) of this section shall be 20,317
collected by the owner or operator of the landfill where the 20,318
unprocessed waste or compost product is disposed of. 20,319
(7) When solid wastes that consist of scrap tires are 20,321
processed at a scrap tire recovery facility, the fees levied 20,322
under divisions (A), (B), and (C) of this section shall be levied 20,324
upon the disposal of the fly ash and bottom ash or other solid 20,325
wastes remaining after the processing of the scrap tires and 20,326
shall be collected by the owner or operator of the solid waste 20,327
disposal facility where the ash or other solid wastes are 20,328
disposed of.
(E) The fees levied under divisions (B) and (C) of this 20,331
section shall be collected by the owner or operator of the solid 20,332
waste disposal facility where the wastes are disposed of as a 20,333
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 20,334
from the fees levied under division (B) of this section shall be 20,336
forwarded to the board of county commissioners or board of 20,337
directors of the district in accordance with rules adopted under 20,338
474
division (H) of this section. Moneys from the fees levied under 20,339
division (C) of this section shall be forwarded to the treasurer 20,340
or such other officer of the municipal corporation as, by virtue 20,341
of the charter, has the duties of the treasurer or to the clerk 20,342
of the township, as appropriate, in accordance with those rules. 20,343
(F) Moneys received by the treasurer or such other officer 20,345
of the municipal corporation under division (E) of this section 20,346
shall be paid into the general fund of the municipal corporation. 20,347
Moneys received by the clerk of the township under that division 20,348
shall be paid into the general fund of the township. The 20,349
treasurer or such other officer of the municipal corporation or 20,350
the clerk, as appropriate, shall maintain separate records of the 20,351
moneys received from the fees levied under division (C) of this 20,352
section. 20,353
(G) Moneys received by the board of county commissioners 20,355
or board of directors under division (E) of this section or 20,356
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 20,357
Code shall be paid to the county treasurer, or other official 20,358
acting in a similar capacity under a county charter, in a county 20,359
district or to the county treasurer or other official designated 20,360
by the board of directors in a joint district and kept in a 20,361
separate and distinct fund to the credit of the district. If a 20,362
regional solid waste management authority has been formed under 20,363
section 343.011 of the Revised Code, moneys received by the board 20,364
of trustees of that regional authority under division (E) of this 20,365
section shall be kept by the board in a separate and distinct 20,366
fund to the credit of the district. Moneys in the special fund 20,367
of the county or joint district arising from the fees levied 20,368
under division (B) of this section and the fee levied under 20,370
division (A) of section 3734.573 of the Revised Code shall be 20,371
expended by the board of county commissioners or directors of the 20,372
district in accordance with the district's solid waste management 20,373
plan or amended plan approved under section 3734.521, 3734.55, or 20,374
3734.56 of the Revised Code exclusively for the following 20,375
475
purposes:
(1) Preparation of the solid waste management plan of the 20,377
district under section 3734.54 of the Revised Code, monitoring 20,378
implementation of the plan, and conducting the periodic review 20,379
and amendment of the plan required by section 3734.56 of the 20,380
Revised Code by the solid waste management policy committee; 20,381
(2) Implementation of the approved solid waste management 20,383
plan or amended plan of the district, including, without 20,384
limitation, the development and implementation of solid waste 20,385
recycling or reduction programs; 20,386
(3) Providing financial assistance to boards of health 20,388
within the district, if solid waste facilities are located within 20,389
the district, for enforcement of this chapter and rules, orders, 20,390
and terms and conditions of permits, licenses, and variances 20,392
adopted or issued under it, other than the hazardous waste 20,393
provisions of this chapter and rules adopted and orders and terms 20,394
and conditions of permits issued under those provisions; 20,396
(4) Providing financial assistance to each county within 20,398
the district to defray the added costs of maintaining roads and 20,399
other public facilities and of providing emergency and other 20,400
public services resulting from the location and operation of a 20,401
solid waste facility within the county under the district's 20,402
approved solid waste management plan or amended plan; 20,403
(5) Pursuant to contracts entered into with boards of 20,405
health within the district, if solid waste facilities contained 20,406
in the district's approved plan or amended plan are located 20,407
within the district, for paying the costs incurred by those 20,408
boards of health for collecting and analyzing samples from public 20,409
or private water wells on lands adjacent to those facilities; 20,410
(6) Developing and implementing a program for the 20,412
inspection of solid wastes generated outside the boundaries of 20,413
this state that are disposed of at solid waste facilities 20,414
included in the district's approved solid waste management plan 20,415
or amended plan; 20,416
476
(7) Providing financial assistance to boards of health 20,418
within the district for the enforcement of section 3734.03 of the 20,419
Revised Code or to local law enforcement agencies having 20,420
jurisdiction within the district for enforcing anti-littering 20,421
laws and ordinances; 20,422
(8) Providing financial assistance to boards of health of 20,424
health districts within the district that are on the approved 20,425
list under section 3734.08 of the Revised Code to defray the 20,426
costs to the health districts for the participation of their 20,427
employees responsible for enforcement of the solid waste 20,428
provisions of this chapter and rules adopted and orders and terms 20,429
and conditions of permits, licenses, and variances issued under 20,430
those provisions in the training and certification program as 20,431
required by rules adopted under division (L) of section 3734.02 20,432
of the Revised Code; 20,433
(9) Providing financial assistance to individual municipal 20,435
corporations and townships within the district to defray their 20,436
added costs of maintaining roads and other public facilities and 20,437
of providing emergency and other public services resulting from 20,438
the location and operation within their boundaries of a 20,439
composting, energy or resource recovery, incineration, or 20,440
recycling facility that either is owned by the district or is 20,441
furnishing solid waste management facility or recycling services 20,442
to the district pursuant to a contract or agreement with the 20,443
board of county commissioners or directors of the district; 20,444
(10) Payment of any expenses that are agreed to, awarded, 20,446
or ordered to be paid under section 3734.35 of the Revised Code 20,447
and of any administrative costs incurred pursuant to that 20,448
section. In the case of a joint solid waste management district, 20,449
if the board of county commissioners of one of the counties in 20,450
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 20,451
the approval of the board of directors of the district in order 20,452
to expend moneys for administrative costs incurred. 20,453
477
Prior to the approval of the district's solid waste 20,455
management plan under section 3734.55 of the Revised Code, moneys 20,456
in the special fund of the district arising from the fees shall 20,458
be expended for those purposes in the manner prescribed by the 20,460
solid waste management policy committee by resolution. 20,461
Notwithstanding division (G)(6) of this section as it 20,464
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 20,467
with division (B)(2)(e) of section 3734.53 of the Revised Code as 20,468
it existed prior to that date, any moneys arising from the fees 20,469
levied under division (B)(3) of this section prior to January 1, 20,470
1994, may be expended for any of the purposes authorized in 20,471
divisions (G)(1) to (10) of this section. 20,472
(H) The director shall adopt rules in accordance with 20,475
Chapter 119. of the Revised Code prescribing procedures for 20,476
collecting and forwarding the fees levied under divisions (B) and 20,477
(C) of this section to the boards of county commissioners or 20,478
directors of county or joint solid waste management districts and 20,479
to the treasurers or other officers of municipal corporations or 20,480
to the clerks of townships. The rules also shall prescribe the 20,481
dates for forwarding the fees to the boards and officials and may 20,482
prescribe any other requirements the director considers necessary 20,483
or appropriate to implement and administer divisions (A), (B), 20,484
and (C) of this section. Collection of the fees levied under 20,485
division (A)(1) of this section shall commence on July 1, 1993. 20,486
Collection of the fees levied under division (A)(2) of this 20,488
section shall commence on January 1, 1994. 20,489
Sec. 3734.82. (A) The annual fee for a scrap tire 20,498
recovery facility license issued under section 3734.81 of the 20,499
Revised Code shall be in accordance with the following schedule: 20,500
Daily Design Input Annual License 20,502
Capacity (Tons) Fee 20,503
1 or less $ 100 20,504
2 to 25 500 20,505
478
26 to 50 1,000 20,506
51 to 100 1,500 20,507
101 to 200 2,500 20,508
201 to 500 3,500 20,509
501 or more 5,500 20,510
For the purpose of determining the applicable license fee 20,513
under this division, the daily design input capacity shall be the 20,514
quantity of scrap tires the facility is designed to process daily 20,515
as set forth in the registration certificate or permit for the 20,516
facility, and any modifications to the permit, if applicable, 20,517
issued under section 3734.78 of the Revised Code. 20,518
(B) The annual fee for a scrap tire monocell or monofill 20,520
facility license shall be in accordance with the following 20,521
schedule: 20,522
Authorized Maximum Annual License 20,524
Daily Waste Receipt Fee 20,525
(Tons) 20,526
100 or less $ 5,000 20,527
101 to 200 12,500 20,528
201 to 500 30,000 20,529
501 or more 60,000 20,530
For the purpose of determining the applicable license fee 20,533
under this division, the authorized maximum daily waste receipt 20,534
shall be the maximum amount of scrap tires the facility is 20,535
authorized to receive daily that is established in the permit for 20,536
the facility, and any modification to that permit, issued under 20,537
section 3734.77 of the Revised Code. 20,538
(C)(1) Except as otherwise provided in division (C)(2) of 20,540
this section, the annual fee for a scrap tire storage facility 20,541
license shall equal one thousand dollars times the number of 20,542
acres on which scrap tires are to be stored at the facility 20,543
during the license year, as set forth on the application for the 20,544
annual license, except that the total annual license fee for any 20,545
such facility shall not exceed three thousand dollars. 20,546
479
(2) The annual fee for a scrap tire storage facility 20,548
license for a storage facility that is owned or operated by a 20,549
motor vehicle salvage dealer licensed under Chapter 4738. of the 20,550
Revised Code is one hundred dollars. 20,551
(D)(1) Except as otherwise provided in division (D)(2) of 20,553
this section, the annual fee for a scrap tire collection facility 20,554
license is two hundred dollars. 20,555
(2) The annual fee for a scrap tire collection facility 20,557
license for a collection facility that is owned or operated by a 20,558
motor vehicle salvage dealer licensed under Chapter 4738. of the 20,559
Revised Code is fifty dollars. 20,560
(E) Except as otherwise provided in divisions (C)(2) and 20,562
(D)(2) of this section, the same fees apply to private operators 20,563
and to the state and its political subdivisions and shall be paid 20,564
within thirty days after the issuance of a license. The fees 20,565
include the cost of licensing, all inspections, and other costs 20,566
associated with the administration of the scrap tire provisions 20,567
of this chapter and rules adopted under them. Each license shall 20,568
specify that it is conditioned upon payment of the applicable fee 20,569
to the board of health or the director of environmental 20,570
protection, as appropriate, within thirty days after the issuance 20,572
of the license.
(F) The board of health shall retain fifteen thousand 20,574
dollars of each license fee collected by the board under division 20,575
(B) of this section, or the entire amount of any such fee that is 20,576
less than fifteen thousand dollars, and the entire amount of each 20,577
license fee collected by the board under divisions (A), (C), and 20,578
(D) of this section. The moneys retained shall be paid into a 20,579
special fund, which is hereby created in each health district, 20,580
and used solely to administer and enforce the scrap tire 20,581
provisions of this chapter and rules adopted under them. The 20,582
remainder, if any, of each license fee collected by the board 20,583
under division (B) of this section shall be transmitted to the 20,584
director within forty-five days after receipt of the fee. 20,586
480
(G) The director shall transmit the moneys received by the 20,588
director from license fees collected under division (B) of this 20,589
section to the treasurer of state to be credited to the scrap 20,590
tire management fund, which is hereby created in the state 20,591
treasury. The fund shall consist of all federal moneys received 20,592
by the environmental protection agency for the scrap tire 20,593
management program; all grants, gifts, and contributions made to 20,594
the director for that program; and all other moneys that may be 20,595
provided by law for that program. The director shall use moneys 20,596
in the fund as follows: 20,597
(1) Expend not more than seven hundred fifty thousand 20,599
dollars during each fiscal year to implement, administer, and 20,601
enforce the scrap tire provisions of this chapter and rules 20,602
adopted under them; 20,603
(2) For fiscal years 1998 and 1999, grant not more than 20,607
one hundred fifty thousand dollars during each fiscal year to the 20,608
polymer institute at the university of Akron for the purpose of 20,609
expediting research concerning and evaluation of alternative 20,610
methods of recycling scrap tires. The institute shall report to 20,611
the director annually concerning research programs under review, 20,612
and the results of scrap tire recycling experiments conducted, by 20,613
or in conjunction with the institute. The university shall 20,614
report to the director biennially concerning the expenditures of 20,615
moneys received by the institute under division (G)(2) of this 20,616
section.
(3) During each of fiscal years 1998, 1999, and 2000 YEAR, 20,619
request the director of budget and management to, and the 20,621
director of budget and management shall, transfer one million 20,622
dollars to the facilities establishment SCRAP TIRE LOANS AND 20,623
GRANTS fund created in section 166.03 166.032 of the Revised Code 20,624
for the purposes specified in that section; 20,625
(4) Annually transfer to the central support indirect fund 20,627
created in section 3745.014 of the Revised Code an amount equal 20,629
to not more than twelve per cent of each fiscal year's 20,630
481
appropriation to the scrap tire management fund.
(H)(1) If, during A fiscal year 1997, 1998, 1999, or 2000, 20,632
more than three million five hundred thousand dollars are 20,634
credited to the scrap tire management fund, the director, at the 20,635
conclusion of the fiscal year, shall request the director of 20,637
budget and management to, and the director of budget and 20,638
management shall, transfer to the facilities establishment SCRAP 20,640
TIRE LOANS AND GRANTS fund one-half of the moneys credited to the 20,642
scrap tire management fund in excess of that amount. 20,643
(2) In each of fiscal years 1998, 1999, and 2000 YEAR, if 20,646
more than three million five hundred thousand dollars are 20,647
credited to the scrap tire management fund during the preceding 20,648
fiscal year, the director shall expend during the current fiscal 20,649
year one-half of that excess amount to conduct removal operations 20,650
under section 3734.85 of the Revised Code. 20,651
(I) After the actions in divisions (G)(1) to (4) and (H) 20,654
of this section are completed during each of fiscal years 1998,
1999, and 2000 YEAR, the director may expend up to the balance 20,655
remaining from prior fiscal years in the scrap tire management 20,657
fund to conduct removal actions under section 3734.85 of the 20,658
Revised Code. Prior to using any moneys in the fund for that 20,659
purpose in a fiscal year, the director shall request the approval 20,660
of the controlling board for that use of the moneys. The request 20,661
shall be accompanied by a plan describing the removal actions to 20,662
be conducted during the fiscal year and an estimate of the costs 20,663
of conducting them. The controlling board shall approve the plan 20,664
only if the board finds that the proposed removal actions are in 20,665
accordance with the priorities set forth in division (B) of 20,666
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. 20,668
Sec. 3734.87. Not later than five years after the 20,677
effective date of this section DURING THE YEARS 2002 AND 2006, 20,678
the director of environmental protection shall submit a report to 20,679
the speaker of the house of representatives and the president of 20,680
482
the senate concerning the implementation, administration, and 20,681
enforcement of the scrap tire provisions of this chapter and 20,682
rules adopted under them, including at least a discussion of the 20,683
expenditure of moneys from the scrap tire management fund created 20,684
in section 3734.82 of the Revised Code and recommendations
concerning any legislative changes needed to improve that 20,685
implementation, administration, and enforcement. 20,686
Sec. 3734.901. (A) For the purpose of providing revenue 20,695
to defray the cost of administering and enforcing the scrap tire 20,696
provisions of this chapter, rules adopted under those provisions, 20,697
and terms and conditions of orders, variances, and licenses 20,698
issued under those provisions; to abate accumulations of scrap 20,699
tires; to make grants to promote research regarding alternative 20,700
methods of recycling scrap tires and loans to promote the 20,701
recycling or recovery of energy from scrap tires; and to defray 20,702
the costs of administering and enforcing sections 3734.90 to 20,703
3734.9014 of the Revised Code, a fee of fifty cents per tire is 20,704
hereby levied on the sale of tires. The fee is levied from the 20,705
first day of the calendar month that begins next after thirty 20,706
days from the effective date of this section OCTOBER 29, 1993, 20,708
through June 30, 2000 2006. 20,709
(B) Only one sale of the same article shall be used in 20,711
computing the amount of the fee due. 20,712
Sec. 3742.03. Not later than six months after the 20,722
effective date of this section, the THE public health council 20,724
shall adopt rules in accordance with Chapter 119. of the Revised 20,725
Code for the administration and enforcement of this chapter. The 20,726
rules shall specify all of the following: 20,727
(A) Procedures to be followed by any individual licensed 20,729
under section 3742.05 of the Revised Code for undertaking lead 20,730
abatement activities; 20,731
(B)(1) Requirements for training and licensure, in 20,733
addition to those established under section 3742.08 of the 20,734
Revised Code, to include levels of training and periodic 20,735
483
refresher training for each class of worker, and to be used for 20,736
licensure under section 3742.05 of the Revised Code. These 20,737
requirements shall include at least twenty-four classroom hours 20,738
of training based on the Occupational Safety and Health Act 20,739
training program for lead set forth in 29 C.F.R. 1926.62. In 20,740
establishing the training and licensure requirements, the public 20,741
health council shall consider the core of information that is 20,742
needed by all licensed persons, and establish the training 20,743
requirements so that persons who would seek licenses in more than 20,744
one area would not have to take duplicative course work. 20,745
(2) Persons certified by the American board of industrial 20,747
hygiene as a certified industrial hygienist (CIH) or as an 20,748
industrial hygienist-in-training (IHIT), and persons registered 20,749
as a sanitarian or sanitarian-in-training under Chapter 4736. of 20,750
the Revised Code, shall be exempt from any training requirements 20,751
for initial licensure established under this chapter, but shall 20,752
be required to take any examinations for licensure required under 20,753
section 3742.05 of the Revised Code. 20,754
(C) Fees for licenses issued under section 3742.05 of the 20,756
Revised Code and for their renewal. The public health council 20,758
may establish an "examination only" fee for licensure of persons 20,759
who are exempt from training requirements for licensure but who 20,761
are required to take examinations for licensure.; 20,763
(D) Procedures to be followed by lead inspectors, lead 20,765
abatement contractors, environmental lead analytical 20,766
laboratories, lead risk assessors, lead abatement project 20,767
designers, and lead abatement workers to prevent public exposure 20,768
to lead hazards and ensure worker protection during lead 20,769
abatement projects; 20,770
(E)(1) Record-keeping and reporting requirements for 20,772
clinical laboratories, environmental lead analytical 20,773
laboratories, lead inspectors, lead abatement contractors, lead 20,774
risk assessors, lead abatement project designers, and lead 20,775
abatement workers for lead abatement projects; 20,776
484
(2) Record-keeping and reporting requirements regarding 20,778
lead poisoning for physicians, in addition to the requirements of 20,779
section 3701.25 of the Revised Code; 20,780
(3) Information that is required to be reported under 20,782
rules based on divisions (E)(1) and (2) of this section and that 20,783
is a medical record is not a public record under section 149.43 20,784
of the Revised Code and shall not be released, except in 20,785
aggregate statistical form. 20,786
(F) Procedures for inspections conducted by the director 20,788
of health or a board of health under section 3742.12 or 3742.13 20,789
of the Revised Code; 20,790
(G) The level of lead in lead-based paint, 20,792
lead-contaminated dust, and lead-contaminated soil that is 20,793
hazardous to human health; 20,794
(H) The level of lead in human blood that is hazardous to 20,796
human health according to information obtained from the centers 20,797
for disease control and prevention in the public health service 20,798
of the United States department of health and human services; 20,799
(I) Environmental sampling techniques for use in 20,801
collecting samples of air, water, paint, and other materials; 20,802
(J) Requirements for a respiratory protection plan 20,804
prepared in accordance with section 3742.07 of the Revised Code; 20,805
(K) Requirements that UNDER WHICH a manufacturer of A LEAD 20,808
abatement systems and abatement products SYSTEM OR PRODUCT MUST 20,809
demonstrate evidence of safety and durability of their products 20,810
ITS SYSTEM OR PRODUCT by providing results of testing from an 20,812
independent laboratory that indicate INDICATING that the products 20,813
meet SYSTEM OR PRODUCT MEETS the standards developed by the ASTM"E06.23" subcommittee for the particular product or system OR 20,816
PRODUCT BY THE "E06.23 SUBCOMMITTEE," WHICH IS THE LEAD-PAINT 20,817
ABATEMENT SUBCOMMITTEE OF THE PERFORMANCE OF BUILDINGS COMMITTEE 20,818
OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS; 20,819
(L) Procedures to be followed by the public health council 20,821
in revising its rules to ensure that lead-hazard activities 20,822
485
meeting the provisions of this chapter continue to be eligible 20,823
for federal funding and meet the requirements promulgated by 20,824
regulation by the United States environmental protection agency, 20,825
the United States department of housing and urban development, 20,826
and other federal agencies that may have jurisdiction over lead 20,827
hazards; 20,828
(M) Any other requirements the council considers 20,830
appropriate for the administration or enforcement of this 20,831
chapter. 20,832
Sec. 3742.04. (A) The director of health shall do all of 20,841
the following: 20,842
(1) Administer and enforce the requirements of this 20,844
chapter and the rules adopted pursuant to it; 20,845
(2)(a) Conduct research and disseminate information on the 20,847
number, extent, and general geographic location of 20,848
lead-contaminated structures, which may include a statewide 20,849
survey and may include the establishment of a unit for the 20,850
collection and analysis of data on lead-hazard detection and 20,851
lead-hazard reduction activities, including the licensing, 20,852
certification, accreditation, APPROVAL, and enforcement 20,853
activities under this chapter; 20,854
(b) Update information and data collected or disseminated 20,856
under division (A)(2)(a) of this section to include the results 20,857
of an inspection or assessment conducted pursuant to section 20,858
3742.14 of the Revised Code, when a report based on that 20,859
inspection is provided to the director pursuant to rules adopted 20,860
by the public health council under section 3742.03 of the Revised 20,861
Code. 20,862
(3) Examine records and reports submitted by lead 20,864
inspectors, lead abatement contractors, lead risk assessors, lead 20,865
abatement project designers, and lead abatement workers in 20,866
accordance with section 3742.05 of the Revised Code to determine 20,867
whether the requirements of this chapter are being met; 20,868
(4) Examine records and reports submitted by physicians, 20,870
486
clinical laboratories, and environmental lead analytical 20,871
laboratories under section 3701.25 or 3742.09 of the Revised 20,872
Code; 20,873
(5) Issue approval to manufacturers of lead abatement 20,875
systems or products that have done all of the following: 20,876
(a) Submitted an application for approval to the director 20,878
on a form prescribed by the director; 20,879
(b) Paid the application fee established by the director; 20,881
(c) Submitted results from an independent laboratory 20,883
indicating THAT the MANUFACTURER'S SYSTEM OR product or system 20,885
satisfies ASTM standards pursuant to rules THE REQUIREMENTS 20,886
established IN RULES ADOPTED under division (K) of section 20,887
3742.03 of the Revised Code; 20,888
(d) Complied with rules adopted by the public health 20,890
council regarding durability and safety to workers and residents. 20,891
(6) Establish liaisons and cooperate with the directors or 20,893
agencies in states having lead abatement, accreditation, 20,894
licensing, and ACCREDITATION, certification, AND APPROVAL 20,896
programs to promote consistency between the requirements of this 20,897
chapter and those of other states in order to facilitate 20,898
reciprocity of licensing, certification, and accreditation THE 20,899
PROGRAMS among states.
(B) In addition to any other authority granted by this 20,901
chapter, the director of health may do any of the following: 20,902
(1) Employ persons who have received training from a 20,904
program the director has determined provides the necessary 20,905
background. The appropriate training may be obtained in a state 20,906
that has an ongoing lead abatement program under which it 20,907
conducts educational programs. 20,908
(2) Conduct lead abatement training programs and licensure 20,910
examinations, and collect fees to cover the cost of conducting 20,911
them; 20,912
(3) Conduct or cooperate with other state agencies to 20,914
conduct programs of public education on the nature and 20,915
487
consequences of lead hazards and on the need for lead-hazard 20,916
reduction activities to be conducted under careful supervision by 20,917
licensed and accredited personnel; 20,918
(4)(3) Cooperate with the United States environmental 20,920
protection agency in any joint oversight procedures the agency 20,921
may propose for laboratories that offer lead analysis services 20,922
and are accredited under the EPA AGENCY'S laboratory 20,923
accreditation program; 20,924
(5)(4) Advise, consult, cooperate with, or enter into 20,926
contracts or cooperative agreements with any person, government 20,927
entity, interstate agency, or the federal government as he THE 20,928
DIRECTOR considers necessary to fulfill the requirements of this 20,929
chapter and the rules adopted under it. 20,930
Sec. 3742.05. (A)(1) The director of health shall issue 20,939
lead inspector, lead abatement contractor, lead risk assessor, 20,940
lead abatement project designer, and lead abatement worker 20,941
licenses. The director shall issue a license to an applicant who 20,942
meets all of the following requirements: 20,943
(a) Submits an application to the director on a form 20,945
prescribed by the director; 20,946
(b) Meets the licensing and training requirements 20,948
established by the public health council under section 3742.03 of 20,949
the Revised Code; 20,950
(c) Successfully completes the licensing examination for 20,952
his THE APPLICANT'S area of expertise approved by the director 20,954
ADMINISTERED under section 3742.08 of the Revised Code and any 20,955
training required by the director under that section; 20,956
(d) Pays the license fee established by the public health 20,958
council under section 3742.03 of the Revised Code; 20,959
(e) Provides any information the director may require to 20,961
demonstrate the applicant's compliance with this chapter and the 20,962
rules adopted under it. 20,963
(2) An individual may hold more than one license issued 20,965
under this division, but a separate application is required for 20,966
488
each license. 20,967
(B) A license issued under this section expires two years 20,969
after the date of issuance. The director shall renew a license 20,970
in accordance with the standard renewal procedure set forth in 20,971
Chapter 4745. of the Revised Code, if the licensee does all of 20,972
the following: 20,973
(1) Continues to meet the requirements of division (A) of 20,975
this section; 20,976
(2) Demonstrates compliance with procedures to prevent 20,978
public exposure to lead hazards and for worker protection during 20,979
lead abatement projects established by rule adopted by the public 20,980
health council under section 3742.03 of the Revised Code; 20,981
(3) Meets the record-keeping and reporting requirements 20,983
for lead abatement projects established by rule adopted by the 20,984
public health council under section 3742.03 of the Revised Code; 20,985
(4) Pays the license renewal fee established by rule 20,987
adopted by the public health council under section 3742.03 of the 20,988
Revised Code. 20,989
(C) An individual licensed, certified, or otherwise 20,991
approved under the law of another state to perform functions 20,992
substantially similar to those of a lead inspector, lead 20,993
abatement contractor, lead risk assessor, lead abatement project 20,994
designer, or lead abatement worker may apply to the director of 20,995
health for licensure in accordance with the procedures set forth 20,996
in division (A) of this section. The director shall license an 20,997
individual under this division on a determination that the 20,998
standards for licensure, certification, or approval in that state 20,999
are at least substantially equivalent to those established by 21,000
this chapter and the rules adopted under it. The director may 21,001
require an examination for licensure under this division. 21,002
Sec. 3742.08. (A)(1) The director of health shall 21,011
conduct, specify requirements by rule, or approve training 21,012
programs and examinations for licensure of lead inspectors, lead 21,013
abatement contractors, lead risk assessors, lead abatement 21,014
489
project designers, and lead abatement workers. In accordance 21,015
with Chapter 119. of the Revised Code, the director shall adopt 21,016
rules establishing all of the following: 21,017
(1)(a) A system for accreditation of training programs and 21,019
the requirements for accreditation, including curriculum 21,020
requirements, hour requirements, hands-on training requirements, 21,021
trainee competency and proficiency requirements, and requirements 21,022
for quality control; 21,023
(2) Procedures and criteria for approval of licensing 21,025
examinations and the qualifications of examination 21,026
administrators; 21,027
(3)(b) Fees for application for approval of a training 21,029
program and for participating in any program conducted by the 21,030
director; 21,031
(4) Fees for licensing examinations; 21,033
(5)(c) Any other requirements pertinent to the operation 21,035
of a training program or an examination. 21,036
(B)(2) Each applicant for approval of a training program 21,038
or examination shall submit a completed application to the 21,039
director on a form the director shall prescribe and provide. The 21,040
director shall issue the appropriate EVIDENCE OF approval to each 21,041
applicant who meets the requirements of division (A)(1) of this 21,043
section and the criteria for approval established by rule adopted 21,044
under THIS section 3742.03 of the Revised Code and pays the fee. 21,045
(B) THE DIRECTOR SHALL ADMINISTER EXAMINATIONS FOR 21,047
LICENSURE UNDER THIS CHAPTER BY CONDUCTING EXAMINATIONS, 21,048
CONTRACTING PURSUANT TO SECTION 3701.044 OF THE REVISED CODE FOR 21,049
ANOTHER ENTITY TO CONDUCT THE EXAMINATIONS, OR APPROVING 21,050
EXAMINATIONS. IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 21,051
CODE, THE DIRECTOR SHALL ADOPT RULES SPECIFYING REQUIREMENTS FOR 21,052
THE ADMINISTRATION OF LICENSING EXAMINATIONS. THE RULES SHALL 21,053
INCLUDE REQUIREMENTS REGARDING THE QUALIFICATIONS OF EXAMINATION 21,055
ADMINISTRATORS, FEES TO COVER THE COST OF CONDUCTING THE 21,056
EXAMINATIONS, AND ANY OTHER REQUIREMENTS PERTINENT TO THE
490
EXAMINATIONS. 21,057
IF THE DIRECTOR IMPLEMENTS A SYSTEM OF APPROVING 21,059
EXAMINATIONS, THE RULES SHALL INCLUDE PROCEDURES AND CRITERIA FOR 21,060
APPROVAL AND FEES FOR THE APPROVAL. EACH APPLICANT FOR APPROVAL 21,061
SHALL SUBMIT A COMPLETED APPLICATION TO THE DIRECTOR ON A FORM 21,062
THE DIRECTOR SHALL PRESCRIBE AND PROVIDE. THE DIRECTOR SHALL 21,063
ISSUE EVIDENCE OF APPROVAL TO EACH APPLICANT WHO MEETS THE 21,064
CRITERIA FOR APPROVAL ESTABLISHED IN RULES ADOPTED UNDER THIS 21,065
DIVISION.
Sec. 3742.19. All EXCEPT FOR ANY LICENSING EXAMINATION FEE 21,074
COLLECTED AND RETAINED BY AN ENTITY UNDER CONTRACT PURSUANT TO 21,075
DIVISION (B) OF SECTION 3742.08 OF THE REVISED CODE, ALL fees 21,076
collected by the director of health under this chapter and any 21,078
grant, contribution, or other moneys received by him for the 21,079
purposes of this chapter shall be deposited into the state 21,081
treasury to the credit of the lead program fund, which is hereby 21,082
created. The moneys in the fund shall be used solely for the 21,083
administration and enforcement of this chapter and the rules 21,084
adopted under it.
Sec. 3745.11. (A) Applicants for and holders of permits, 21,093
licenses, variances, plan approvals, and certifications issued by 21,094
the director of environmental protection pursuant to Chapters 21,095
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 21,096
fee to the environmental protection agency for each such issuance 21,097
and each application for an issuance as provided by this section. 21,098
No fee shall be charged for any issuance for which no application 21,099
has been submitted to the director. 21,100
(B) Prior to January 1, 1994, each person issued a permit 21,102
to operate, variance, or permit to install under section 3704.03 21,103
of the Revised Code shall pay the fees specified in the following 21,104
schedule: 21,105
(1) Fuel-Burning Equipment 21,107
Input capacity 21,109
(million British Permit Permit 21,110
491
thermal units to to 21,112
per hour) operate Variance install 21,115
0 or more, but 21,118
less than 10 $ 75 $225 $ 100
10 or more, but 21,119
less than 100 210 450 390
100 or more, but 21,120
less than 300 270 675 585
300 or more, but 21,121
less than 500 330 900 780
500 or more 500 975 1000 21,122
Any fuel-burning equipment using only natural gas, propane, 21,125
liquefied petroleum gas, or number two or lighter fuel oil shall 21,126
be assessed a fee one-half of that shown. 21,127
(2) Incinerators 21,129
Input capacity Permit Permit 21,132
(pounds per to to 21,134
hour) operate Variance install 21,137
0 to 50 $ 50 $225 $ 65 21,140
51 to 500 210 450 390 21,141
501 to 2000 270 675 585 21,142
2001 to 30,000 330 900 780 21,143
more than 30,000 500 975 1000 21,144
(3) Process 21,147
Process weight Permit Permit 21,150
rate to to 21,151
(pounds per hour) operate Variance install 21,154
0 to 1000 $100 $225 $ 200 21,157
1001 to 5000 210 450 390 21,158
5001 to 10,000 270 675 585 21,159
10,001 to 50,000 330 900 780 21,160
more than 50,000 500 975 1000 21,161
In any process where process weight rate cannot be 21,164
ascertained, the minimum fee shall be assessed. 21,165
492
(4) Storage tanks 21,167
Gallons Permit to Permit to 21,170
(capacity) operate Variance install 21,172
less than 40,000 $150 $225 $ 195 21,175
40,000 or more, but 21,176
less than 100,000 210 450 390
100,000 or more, but 21,177
less than 400,000 270 675 585
400,000 or more, but 21,178
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 21,179
(5) Gasoline 21,182
Gasoline dispensing Permit to Permit to 21,185
facilities operate Variance install 21,187
For each gasoline 21,190
dispensing
facility $20 $100 $50
(6) Dry cleaning 21,193
Dry cleaning Permit to Permit to 21,196
facilities operate Variance install 21,198
For each dry 21,201
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 21,204
of the Revised Code shall be assessed a fee of two hundred fifty 21,205
dollars per mine or location. 21,206
(C)(1) Except as otherwise provided in division (C)(2) of 21,208
this section, beginning July 1, 1994, each person who owns or 21,209
operates an air contaminant source and who is required to apply 21,210
for and obtain a Title V permit under section 3704.036 of the 21,211
Revised Code shall pay the fees set forth in division (C)(1) of 21,212
this section. For the purposes of that division, total emissions 21,213
of air contaminants may be calculated using engineering 21,214
calculations, emissions factors, material balance calculations, 21,215
493
or performance testing procedures, as authorized by the director. 21,216
The following fees shall be assessed on the total actual 21,218
emissions from a source in tons per year of the regulated 21,219
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 21,220
organic compounds, and lead: 21,221
(a) Fifteen dollars per ton on the total actual emissions 21,223
of each such regulated pollutant during the period July through 21,224
December 1993, to be collected no sooner than July 1, 1994; 21,225
(b) Twenty dollars per ton on the total actual emissions 21,227
of each such regulated pollutant during calendar year 1994, to be 21,228
collected no sooner than April 15, 1995; 21,229
(c) Twenty-five dollars per ton on the total actual 21,231
emissions of each such regulated pollutant in calendar year 1995, 21,232
and each subsequent calendar year, to be collected no sooner than 21,233
the fifteenth day of April of the year next succeeding the 21,234
calendar year in which the emissions occurred. 21,235
The fees levied under division (C)(1) of this section do 21,237
not apply to that portion of the emissions of a regulated 21,238
pollutant at a facility that exceed four thousand tons during a 21,239
calendar year. 21,240
(2) The fees assessed under division (C)(1) of this 21,242
section are for the purpose of providing funding for the Title V 21,243
permit program. 21,244
(3) The fees assessed under division (C)(1) of this 21,246
section do not apply to emissions from any electric generating 21,247
unit designated as a Phase I unit under Title IV of the federal 21,248
Clean Air Act prior to calendar year 2000. Those fees shall be 21,249
assessed on the emissions from such a generating unit commencing 21,250
in calendar year 2001 based upon the total actual emissions from 21,251
the generating unit during calendar year 2000. 21,252
(4) The director shall issue invoices to owners or 21,254
operators of air contaminant sources who are required to pay a 21,255
fee assessed under division (C) or (D) of this section. Any such 21,256
invoice shall be issued no sooner than the applicable date when 21,257
494
the fee first may be collected in a year under the applicable 21,258
division, shall identify the nature and amount of the fee 21,259
assessed, and shall indicate that the fee is required to be paid 21,260
within thirty days after the issuance of the invoice. 21,261
(D) Beginning (1) EXCEPT AS PROVIDED IN DIVISION (D)(2) 21,264
OF THIS SECTION, BEGINNING January 1, 1994, each person who owns 21,265
or operates an air contaminant source; who is required to apply 21,266
for a permit to operate pursuant to rules adopted under division 21,267
(G), or a variance pursuant to division (H), of section 3704.03 21,268
of the Revised Code; and who is not required to apply for and 21,269
obtain a Title V permit under section 3704.036 of the Revised 21,270
Code shall pay a single fee based upon the sum of the actual 21,271
annual emissions from the facility of the regulated pollutants 21,272
particulate matter, sulfur dioxide, nitrogen oxides, organic 21,274
compounds, and lead in accordance with the following schedule: 21,275
Total tons 21,277
per year of regulated Annual fee 21,279
pollutants emitted per facility 21,281
More than 0, but less than 50 $ 75 21,283
50 or more, but less than 100 300 21,284
100 or more 700 21,285
(2)(a) AS USED IN DIVISION (D) OF THIS SECTION, "SYNTHETIC 21,289
MINOR FACILITY" MEANS A FACILITY FOR WHICH ONE OR MORE PERMITS TO 21,290
INSTALL OR PERMITS TO OPERATE HAVE BEEN ISSUED FOR THE AIR 21,291
CONTAMINANT SOURCES AT THE FACILITY THAT INCLUDE TERMS AND 21,292
CONDITIONS THAT LOWER THE FACILITY'S POTENTIAL TO EMIT AIR 21,293
CONTAMINANTS BELOW THE MAJOR SOURCE THRESHOLDS ESTABLISHED IN 21,294
RULES ADOPTED UNDER SECTION 3704.036 OF THE REVISED CODE. 21,296
(b) BEGINNING JANUARY 1, 2000, THROUGH JUNE 30, 2001, EACH 21,299
PERSON WHO OWNS OR OPERATES A SYNTHETIC MINOR FACILITY SHALL PAY 21,301
AN ANNUAL FEE BASED ON THE SUM OF THE ACTUAL ANNUAL EMISSIONS 21,302
FROM THE FACILITY OF PARTICULATE MATTER, SULFUR DIOXIDE, NITROGEN 21,303
DIOXIDE, ORGANIC COMPOUNDS, AND LEAD IN ACCORDANCE WITH THE 21,304
FOLLOWING SCHEDULE:
495
COMBINED TOTAL TONS 21,306
PER YEAR OF ALL REGULATED ANNUAL FEE 21,308
POLLUTANTS EMITTED PER FACILITY 21,310
LESS THAN 10 $ 170 21,313
10 OR MORE, BUT LESS THAN 20 340 21,315
20 OR MORE, BUT LESS THAN 30 670 21,317
30 OR MORE, BUT LESS THAN 40 1,010 21,319
40 OR MORE, BUT LESS THAN 50 1,340 21,321
50 OR MORE, BUT LESS THAN 60 1,680 21,323
60 OR MORE, BUT LESS THAN 70 2,010 21,325
70 OR MORE, BUT LESS THAN 80 2,350 21,327
80 OR MORE, BUT LESS THAN 90 2,680 21,329
90 OR MORE, BUT LESS THAN 100 3,020 21,331
100 OR MORE 3,350 21,333
(3) The fees assessed under this division (D)(1) OF THIS 21,337
SECTION shall be collected annually no sooner than the fifteenth 21,338
day of April, commencing in 1995. THE FEES ASSESSED UNDER 21,339
DIVISION (D)(2) OF THIS SECTION SHALL BE COLLECTED NO SOONER THAN 21,340
THE FIFTEENTH DAY OF APRIL, COMMENCING IN 2000, AND SHALL 21,341
CONTINUE THROUGH JUNE 30, 2001. The fee FEES assessed under this 21,343
division (D) OF THIS SECTION in a calendar year shall be based 21,345
upon the sum of the actual emissions of those regulated 21,346
pollutants during the preceding calendar year. For the purpose
of this division (D) OF THIS SECTION, emissions of air 21,347
contaminants may be calculated using engineering calculations, 21,349
emission factors, material balance calculations, or performance 21,350
testing procedures, as authorized by the director. The director, 21,351
by rule, may require persons who are required to pay the fees 21,352
assessed under this division (D) OF THIS SECTION to pay those 21,353
fees biennially rather than annually. 21,354
(E)(1) Consistent with the need to cover the reasonable 21,356
costs of the Title V permit program, the director annually shall 21,357
increase the fees prescribed in division (C)(1) of this section 21,358
by the percentage, if any, by which the consumer price index for 21,359
496
the most recent calendar year ending before the beginning of a 21,360
year exceeds the consumer price index for calendar year 1989. 21,361
Upon calculating an increase in fees authorized by division 21,362
(E)(1) of this section, the director shall compile revised fee 21,363
schedules for the purposes of division (C)(1) of this section and 21,364
shall make the revised schedules available to persons required to 21,365
pay the fees assessed under that division and to the public. 21,366
(2) For the purposes of division (E)(1) of this section: 21,368
(a) The consumer price index for any year is the average 21,370
of the consumer price index for all urban consumers published by 21,371
the United States department of labor as of the close of the 21,372
twelve-month period ending on the thirty-first day of August of 21,373
that year; 21,374
(b) If the 1989 consumer price index is revised, the 21,376
director shall use the revision of the consumer price index that 21,377
is most consistent with that for calendar year 1989. 21,378
(F) Each person who is issued a permit to install pursuant 21,380
to rules adopted under division (F) of section 3704.03 of the 21,381
Revised Code on or after January 1, 1994, shall pay the fees 21,382
specified in the following schedules: 21,383
(1) 21,385
(1) Fuel-burning equipment (boilers) 21,387
Input capacity (maximum) 21,389
(million British thermal units per Permit to install 21,390
hour)
Greater than 0, but less than 10 $ 200 21,391
10 or more, but less than 100 400 21,392
100 or more, but less than 300 800 21,393
300 or more, but less than 500 1500 21,394
500 or more, but less than 1000 2500 21,395
1000 or more, but less than 5000 4000 21,396
5000 or more 6000 21,397
Units burning exclusively natural gas, number two fuel oil, 21,400
or both shall be assessed a fee that is one-half the applicable 21,401
497
amount shown in division (F)(1) of this section. 21,402
(2) 21,404
(2) Incinerators 21,406
Input capacity (pounds per hour) Permit to install 21,408
0 to 100 $ 100 21,409
101 to 500 400 21,410
501 to 2000 750 21,411
2001 to 20,000 1000 21,412
more than 20,000 2500 21,413
(3) 21,416
(3)(a) Process 21,418
Process weight rate (pounds per Permit to install 21,420
hour)
0 to 1000 $ 200 21,421
1001 to 5000 400 21,422
5001 to 10,000 600 21,423
10,001 to 50,000 800 21,424
more than 50,000 1000 21,425
In any process where process weight rate cannot be 21,428
ascertained, the minimum fee shall be assessed. 21,429
(b) Notwithstanding division (F)(3)(a) of this section, 21,431
any person issued a permit to install pursuant to rules adopted 21,432
under division (F) of section 3704.03 of the Revised Code shall 21,433
pay the fees set forth in division (F)(3)(c) of this section for 21,434
a process used in any of the following industries, as identified 21,435
by the applicable four-digit standard industrial classification 21,436
code according to the Standard Industrial Classification Manual 21,437
published by the United States office of management and budget in 21,438
the executive office of the president, 1972, as revised: 21,439
1211 Bituminous coal and lignite mining; 21,441
1213 Bituminous coal and lignite mining services; 21,443
1411 Dimension stone; 21,445
1422 Crushed and broken limestone; 21,447
1427 Crushed and broken stone, not elsewhere classified; 21,449
498
1442 Construction sand and gravel; 21,451
1446 Industrial sand; 21,453
3281 Cut stone and stone products; 21,455
3295 Minerals and earth, ground or otherwise treated. 21,457
(c) The fees set forth in the following schedule apply to 21,459
the issuance of a permit to install pursuant to rules adopted 21,460
under division (F) of section 3704.03 of the Revised Code for a 21,461
process identified in division (F)(3)(b) of this section: 21,462
Process weight rate Permit to install 21,464
(pounds per hour)
0 to 10,000 $200 21,465
10,001 to 50,000 300 21,466
50,001 to 100,000 400 21,467
100,001 to 200,000 500 21,468
200,001 to 400,000 600 21,469
400,001 or more 700 21,470
(4) 21,473
(4) Storage tanks 21,475
Gallons (maximum useful Permit to install 21,477
capacity)
0 to 20,000 $100 21,478
20,001 to 40,000 150 21,479
40,001 to 100,000 200 21,480
100,001 to 250,000 250 21,481
250,001 to 500,000 350 21,482
500,001 to 1,000,000 500 21,483
1,000,001 or greater 750 21,484
(5) 21,487
(5) Gasoline/fuel dispensing facilities 21,489
For each gasoline/fuel Permit to install 21,491
dispensing facility
(includes all units at $100 21,492
the facility)
(6) 21,495
499
(6) Dry cleaning facilities 21,497
For each dry cleaning Permit to install 21,499
facility
(includes all units at $100 21,500
the facility)
(7) 21,503
(7) Registration status 21,505
Permit to install 21,507
For each source covered 21,508
by registration status $75
(G) An owner or operator who is responsible for an 21,511
asbestos demolition or renovation project pursuant to rules 21,512
adopted under section 3704.03 of the Revised Code shall pay the 21,513
fees set forth in the following schedule: 21,514
Action Fee 21,516
Each notification $75 21,517
Asbestos removal $3/unit 21,518
Asbestos cleanup $4/cubic yard 21,519
For purposes of this division, "unit" means any combination of 21,522
linear feet or square feet equal to fifty. 21,523
(H) A person who is issued an extension of time for a 21,525
permit to install an air contaminant source pursuant to rules 21,526
adopted under division (F) of section 3704.03 of the Revised Code 21,527
shall pay a fee equal to one-half the fee originally assessed for 21,528
the permit to install under this section, except that the fee for 21,529
such an extension shall not exceed two hundred dollars. 21,530
(I) A person who is issued a modification to a permit to 21,532
install an air contaminant source pursuant to rules adopted under 21,533
section 3704.03 of the Revised Code shall pay a fee equal to 21,534
one-half of the fee that would be assessed under this section to 21,535
obtain a permit to install the source. The fee assessed by this 21,536
division only applies to modifications that are initiated by the 21,537
owner or operator of the source and shall not exceed two thousand 21,538
dollars. 21,539
500
(J) Notwithstanding division (B) or (F) of this section, a 21,541
person who applies for or obtains a permit to install pursuant to 21,542
rules adopted under division (F) of section 3704.03 of the 21,543
Revised Code after the date actual construction of the source 21,544
began shall pay a fee for the permit to install that is equal to 21,545
twice the fee that otherwise would be assessed under the 21,546
applicable division unless the applicant received authorization 21,547
to begin construction under division (W) of section 3704.03 of 21,548
the Revised Code. This division only applies to sources for 21,549
which actual construction of the source begins on or after July 21,550
1, 1993. The imposition or payment of the fee established in 21,551
this division does not preclude the director from taking any 21,552
administrative or judicial enforcement action under this chapter, 21,553
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 21,554
rule adopted under any of them, in connection with a violation of 21,555
rules adopted under division (F) of section 3704.03 of the 21,556
Revised Code. 21,557
As used in this division, "actual construction of the 21,559
source" means the initiation of physical on-site construction 21,560
activities in connection with improvements to the source that are 21,561
permanent in nature, including, without limitation, the 21,562
installation of building supports and foundations and the laying 21,563
of underground pipework. 21,564
(K) Fifty cents per ton of each fee assessed under 21,566
division (C) of this section on actual emissions from a source 21,567
and received by the environmental protection agency pursuant to 21,568
that division shall be deposited into the state treasury to the 21,569
credit of the small business assistance fund created in section 21,570
3706.19 of the Revised Code. The remainder of the moneys 21,571
received by the division pursuant to that division and moneys 21,572
received by the agency pursuant to divisions (D), (F), (G), (H), 21,573
(I), and (J) of this section shall be deposited in the state 21,574
treasury to the credit of the clean air fund created in section 21,575
3704.035 of the Revised Code. 21,576
501
(L)(1)(a) Except as otherwise provided in division 21,578
(L)(1)(b) or (c) of this section, a person issued a water 21,579
discharge permit or renewal of a water discharge permit pursuant 21,580
to Chapter 6111. of the Revised Code shall pay a fee based on 21,581
each point source to which the issuance is applicable in 21,582
accordance with the following schedule: 21,583
Design flow discharge (gallons per day) Fee 21,585
0 to 1000 $ 0 21,588
1,001 to 5000 100 21,589
5,001 to 50,000 200 21,590
50,001 to 100,000 300 21,591
100,001 to 300,000 525 21,592
over 300,000 750 21,593
(b) Notwithstanding the fee schedule specified in division 21,596
(L)(1)(a) of this section, the fee for a water discharge permit 21,597
that is applicable to coal mining operations regulated under 21,598
Chapter 1513. of the Revised Code shall be two hundred fifty 21,599
dollars per mine. 21,600
(c) Notwithstanding the fee schedule specified in division 21,602
(L)(1)(a) of this section, the fee for a water discharge permit 21,603
for a public discharger identified by I in the third character of 21,604
the permittee's NPDES permit number shall not exceed seven 21,605
hundred fifty dollars. 21,606
(2) A person applying for a plan approval for a wastewater 21,608
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 21,609
of the Revised Code shall pay a fee of one hundred dollars plus 21,610
sixty-five one-hundredths of one per cent of the estimated 21,611
project cost through June 30, 2000 2002, and one hundred dollars 21,613
plus two-tenths of one per cent of the estimated project cost on 21,614
and after July 1, 2000 2002, except that the total fee shall not 21,615
exceed fifteen thousand dollars through June 30, 2000 2002, and 21,617
five thousand dollars on and after July 1, 2000 2002. The fee 21,618
shall be paid at the time the application is submitted. 21,619
(3) A person issued a modification of a water discharge 21,621
502
permit shall pay a fee equal to one-half the fee that otherwise 21,622
would be charged for a water discharge permit, except that the 21,623
fee for the modification shall not exceed four hundred dollars. 21,624
(4) A person who has entered into an agreement with the 21,626
director under section 6111.14 of the Revised Code shall pay an 21,627
administrative service fee for each plan submitted under that 21,628
section for approval that shall not exceed the minimum amount 21,629
necessary to pay administrative costs directly attributable to 21,630
processing plan approvals. The director annually shall calculate 21,631
the fee and shall notify all persons who have entered into 21,632
agreements under that section, or who have applied for 21,633
agreements, of the amount of the fee. 21,634
(5)(a)(i) Not later than January 30, 1998 2000, and 21,636
January 30, 1999 2001, a person holding an NPDES discharge permit 21,638
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 21,640
shall pay a nonrefundable annual discharge fee. Any person who 21,641
fails to pay the fee at that time shall pay an additional amount 21,642
that equals ten per cent of the required annual discharge fee. 21,643
(ii) The billing year for the annual discharge fee 21,645
established in division (L)(4)(5)(a)(i) of this section shall 21,647
consist of a twelve-month period beginning on the first day of 21,648
January of the year preceding the date when the annual discharge 21,650
fee is due. In the case of an existing source that permanently 21,651
ceases to discharge during a billing year, the director shall 21,652
reduce the annual discharge fee, including the surcharge 21,653
applicable to certain industrial facilities pursuant to division 21,654
(L)(4)(5)(c) of this section, by one-twelfth for each full month 21,655
during the billing year that the source was not discharging, but 21,656
only if the person holding the NPDES discharge permit for the 21,657
source notifies the director in writing, not later than the first 21,658
day of October of the billing year, of the circumstances causing 21,660
the cessation of discharge.
(iii) The annual discharge fee established in division 21,663
503
(L)(4)(5)(a)(i) of this section, except for the surcharge 21,664
applicable to certain industrial facilities pursuant to division 21,665
(L)(4)(5)(c) of this section, shall be based upon the average 21,668
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 21,670
period two years prior to the date on which the fee is due. In 21,671
the case of NPDES discharge permits for new sources, the fee 21,673
operation shall be calculated using the average daily design flow 21,674
of the facility until actual average daily discharge flow values 21,675
are available for the time period specified in division 21,677
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 21,678
be prorated for a new source as described in division 21,679
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger 21,683
shall pay the fee specified in the following schedule: Fee due by 21,686
Average daily January 30, 1998, 21,687
discharge flow and January 30, 1999 21,688
5,000 to 49,999 $ 180 21,691
50,000 to 100,000 450 21,692
100,001 to 250,000 900 21,693
250,001 to 1,000,000 2,250 21,694
1,000,001 to 5,000,000 4,500 21,695
5,000,001 to 10,000,000 9,000 21,696
10,000,001 to 20,000,000 13,500 21,697
20,000,001 to 50,000,000 22,500 21,698
50,000,001 to 100,000,000 36,000 21,699
100,000,001 or more 54,000 21,700
AVERAGE DAILY FEE DUE BY FEE DUE BY 21,704
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 21,706
5,000 TO 49,999 $ 180 $ 200 21,711
50,000 TO 100,000 450 500 21,713
100,001 TO 250,000 900 1,050 21,715
250,001 TO 1,000,000 2,250 2,600 21,717
504
1,000,001 TO 5,000,000 4,500 5,200 21,719
5,000,001 TO 10,000,000 9,000 10,350 21,721
10,000,001 TO 20,000,000 13,500 15,550 21,723
20,000,001 TO 50,000,000 22,500 25,900 21,725
50,000,001 TO 100,000,000 36,000 41,400 21,727
100,000,001 OR MORE 54,000 62,100 21,729
Public dischargers owning or operating two or more publicly 21,732
owned treatment works serving the same political subdivision, as 21,733
"treatment works" is defined in section 6111.01 of the Revised 21,734
Code, and that serve exclusively political subdivisions having a 21,736
population of fewer than one hundred thousand shall pay an annual 21,737
discharge fee under division (L)(5)(b) of this section that is 21,738
based on the combined average daily discharge flow of the 21,739
treatment works.
(C) An NPDES permit holder that is an industrial 21,742
discharger, other than a coal mining operator identified by P in 21,744
the third character of the permittee's NPDES permit number, shall 21,745
pay the fee specified in the following schedule: Fee due by 21,747
Average daily January 30, 1998, 21,748
discharge flow and January 30, 1999 21,749
5,000 to 49,999 $ 180 21,752
50,000 to 250,000 900 21,753
250,001 to 1,000,000 2,250 21,754
1,000,001 to 5,000,000 4,500 21,755
5,000,001 to 10,000,000 6,750 21,756
10,000,001 to 20,000,000 9,000 21,757
20,000,001 to 100,000,000 10,800 21,758
100,000,001 to 250,000,000 12,600 21,759
250,000,001 or more 14,400 21,760
AVERAGE DAILY FEE DUE BY FEE DUE BY 21,764
DISCHARGE FLOW JANUARY 30, 2000 JANUARY 30, 2001 21,766
5,000 TO 49,999 $ 180 $ 250 21,771
50,000 TO 250,000 900 1,200 21,773
505
250,001 TO 1,000,000 2,250 2,950 21,775
1,000,001 TO 5,000,000 4,500 5,850 21,777
5,000,001 TO 10,000,000 6,750 8,800 21,779
10,000,001 TO 20,000,000 9,000 11,700 21,781
20,000,001 TO 100,000,000 10,800 14,050 21,783
100,000,001 TO 250,000,000 12,600 16,400 21,785
250,000,001 OR MORE 14,400 18,700 21,787
In addition to the fee specified in the above schedule, an 21,790
NPDES permit holder that is an industrial discharger classified 21,792
as a major discharger during all or part of the annual discharge 21,793
fee billing year specified in division (L)(4)(5)(a)(ii) of this 21,795
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 21,797
1998 2000, and A NONREFUNDABLE ANNUAL SURCHARGE OF SEVEN THOUSAND 21,798
FIVE HUNDRED DOLLARS not later than January 30, 1999 2001. Any 21,799
person who fails to pay the surcharge at that time shall pay an 21,800
additional amount that equals ten per cent of the amount of the 21,801
surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 21,803
section, a public discharger identified by I in the third 21,804
character of the permittee's NPDES permit number and an 21,805
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 21,806
the third character of the permittee's NPDES permit number shall 21,808
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998 2000, and not later than 21,810
January 30, 1999 2001. Any person who fails to pay the fee at 21,811
that time shall pay an additional amount that equals ten per cent 21,812
of the required fee. 21,813
(6) The director shall transmit all moneys collected under 21,815
division (L) of this section to the treasurer of state for 21,816
deposit into the state treasury to the credit of the surface 21,817
water protection fund created in section 6111.038 of the Revised 21,818
Code. 21,819
(7) As used in division (L) of this section: 21,821
506
(a) "NPDES" means the federally approved national 21,823
pollutant discharge elimination system program for issuing, 21,824
modifying, revoking, reissuing, terminating, monitoring, and 21,825
enforcing permits and imposing and enforcing pretreatment 21,826
requirements under Chapter 6111. of the Revised Code and rules 21,827
adopted under it. 21,828
(b) "Public discharger" means any holder of an NPDES 21,830
permit identified by P in the second character of the NPDES 21,831
permit number assigned by the director. 21,832
(c) "Industrial discharger" means any holder of an NPDES 21,834
permit identified by I in the second character of the NPDES 21,835
permit number assigned by the director. 21,836
(d) "Major discharger" means any holder of an NPDES permit 21,838
classified as major by the regional administrator of the United 21,839
States environmental protection agency in conjunction with the 21,840
director. 21,841
(M) Through June 30, 2000 2002, a person applying for a 21,843
license or license renewal to operate a public water system under 21,845
section 6109.21 of the Revised Code shall pay the appropriate fee 21,846
established under this division at the time of application to the 21,847
director. Any person who fails to pay the fee at that time shall 21,848
pay an additional amount that equals ten per cent of the required 21,849
fee. The director shall transmit all moneys collected under this 21,850
division to the treasurer of state for deposit into the drinking 21,851
water protection fund created in section 6109.30 of the Revised 21,852
Code. 21,853
Fees required under this division shall be calculated and 21,855
paid in accordance with the following schedule: 21,856
(1) For the initial license required under division (A)(1) 21,858
of section 6109.21 of the Revised Code for any public water 21,859
system that is a community water system as defined in section 21,860
6109.01 of the Revised Code, and for each license renewal 21,861
required for such a system prior to January 31, 2000 2002, the 21,862
fee is: 21,863
507
Number of service connections Fee amount 21,865
Not more than 49 $ 56 21,868
50 to 99 88 21,869
Number of service connections Average cost per connection 21,872
100 to 2,499 $ .96 21,874
2,500 to 4,999 .92 21,875
5,000 to 7,499 .88 21,876
7,500 to 9,999 .84 21,877
10,000 to 14,999 .80 21,878
15,000 to 24,999 .76 21,879
25,000 to 49,999 .72 21,880
50,000 to 99,999 .68 21,881
100,000 to 149,999 .64 21,882
150,000 to 199,999 .60 21,883
200,000 or more .56 21,884
A public water system may determine how it will pay the 21,887
total amount of the fee calculated under division (M)(1) of this 21,888
section, including the assessment of additional user fees that 21,889
may be assessed on a volumetric basis. 21,890
As used in division (M)(1) of this section, "service 21,892
connection" means the number of active or inactive pipes, 21,893
goosenecks, pigtails, and any other fittings connecting a water 21,894
main to any building outlet. 21,895
(2) For the initial license required under division (A)(2) 21,897
of section 6109.21 of the Revised Code for any public water 21,898
system that is not a community water system and serves a 21,899
nontransient population, and for each license renewal required 21,900
for such a system prior to January 31, 2000 2002, the fee is: 21,901
Population served Fee amount 21,903
Fewer than 150 $ 56 21,906
150 to 299 88 21,907
300 to 749 192 21,908
750 to 1,499 392 21,909
1,500 to 2,999 792 21,910
508
3,000 to 7,499 1,760 21,911
7,500 to 14,999 3,800 21,912
15,000 to 22,499 6,240 21,913
22,500 to 29,999 8,576 21,914
30,000 or more 11,600 21,915
As used in division (M)(2) of this section, "population 21,918
served" means the total number of individuals receiving water 21,919
from the water supply during a twenty-four-hour period for at 21,920
least sixty days during any calendar year. In the absence of a 21,921
specific population count, that number shall be calculated at the 21,922
rate of three individuals per service connection. 21,923
(3) For the initial license required under division (A)(3) 21,925
of section 6109.21 of the Revised Code for any public water 21,926
system that is not a community water system and serves a 21,927
transient population, and for each license renewal required for 21,928
such a system prior to January 31, 2000 2002, the fee is: 21,929
Number of wells supplying system Fee amount 21,931
1 $ 56 21,934
2 56 21,935
3 88 21,936
4 192 21,937
5 392 21,938
System supplied by surface 21,941
WATER, springs, or dug wells 792 21,942
As used in division (M)(3) of this section, "number of 21,945
wells supplying system" means those wells that are physically 21,946
connected to the plumbing system serving the public water system. 21,947
(N)(1) A person applying for a plan approval for a public 21,949
water supply system under section 6109.07 of the Revised Code 21,950
shall pay a fee of one hundred dollars plus two-tenths of one per 21,951
cent of the estimated project cost, except that the total fee 21,952
shall not exceed fifteen thousand dollars through June 30, 2000 21,954
2002, and five thousand dollars on and after July 1, 2000 2002. 21,955
The fee shall be paid at the time the application is submitted. 21,956
509
(2) A person who has entered into an agreement with the 21,958
director under division (A)(2) of section 6109.07 of the Revised 21,959
Code shall pay an administrative service fee for each plan 21,960
submitted under that section for approval that shall not exceed 21,961
the minimum amount necessary to pay administrative costs directly 21,962
attributable to processing plan approvals. The director annually 21,963
shall calculate the fee and shall notify all persons that have 21,964
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 21,965
(3) Through June 30, 2000 2002, the following fee, on a 21,967
per survey basis, shall be charged any person for services 21,969
rendered by the state in the evaluation of laboratories and 21,970
laboratory personnel for compliance with accepted analytical 21,971
techniques and procedures established pursuant to Chapter 6109. 21,972
of the Revised Code for determining the qualitative 21,973
characteristics of water:
microbiological $1,650 21,975
organic chemical 3,500 21,976
inorganic chemical 3,500 21,977
standard chemistry 1,800 21,978
limited chemistry 1,000 21,979
On and after July 1, 2000 2002, the following fee, on a per 21,982
survey basis, shall be charged any such person: 21,983
microbiological $250 21,985
chemical/radiological 250 21,986
nitrate/turbidity (only) 150 21,987
The fee for those services shall be paid at the time the request 21,990
for the survey is made. Through June 30, 2000 2002, an 21,991
individual laboratory shall not be assessed a fee under this 21,993
division more than once in any three-year period. 21,994
The director shall transmit all moneys collected under this 21,996
division to the treasurer of state for deposit into the drinking 21,997
water protection fund created in section 6109.30 of the Revised 21,998
Code. 21,999
510
(O) Any person applying to the director for examination 22,001
for certification as an operator of a water supply system or 22,002
wastewater system under Chapter 6109. or 6111. of the Revised 22,003
Code, at the time the application is submitted, shall pay an 22,004
application fee of twenty-five dollars through June 30, 2000 22,006
2002, and ten dollars on and after July 1, 2000 2002. Upon 22,007
approval from the director that the applicant is eligible to take 22,008
the examination therefor, the applicant shall pay a fee in 22,010
accordance with the following schedule through June 30, 2000 22,011
2002:
Class I operator $45 22,013
Class II operator 55 22,014
Class III operator 65 22,015
Class IV operator 75 22,016
On and after July 1, 2000 2002, the applicant shall pay a 22,019
fee in accordance with the following schedule: 22,020
Class I operator $25 22,022
Class II operator 35 22,023
Class III operator 45 22,024
Class IV operator 55 22,025
The director shall transmit all moneys collected under this 22,028
division to the treasurer of state for deposit into the drinking 22,029
water protection fund created in section 6109.30 of the Revised 22,030
Code. 22,031
(P) Through June 30, 2000 2002, any person submitting an 22,033
application for an industrial water pollution control certificate 22,034
under section 6111.31 of the Revised Code shall pay a 22,035
nonrefundable fee of five hundred dollars at the time the 22,036
application is submitted. The director shall transmit all moneys 22,037
collected under this division to the treasurer of state for 22,038
deposit into the surface water protection fund created in section 22,039
6111.038 of the Revised Code. A person paying a certificate fee 22,040
under this division shall not pay an application fee under 22,041
division (S)(1) of this section. 22,042
511
(Q) Except as otherwise provided in division (R) of this 22,044
section, a person issued a permit by the director for a new solid 22,045
waste disposal facility other than an incineration or composting 22,046
facility, a new infectious waste treatment facility other than an 22,047
incineration facility, or a modification of such an existing 22,048
facility that includes an increase in the total disposal or 22,049
treatment capacity of the facility pursuant to Chapter 3734. of 22,050
the Revised Code shall pay a fee of ten dollars per thousand 22,051
cubic yards of disposal or treatment capacity, or one thousand 22,052
dollars, whichever is greater, except that the total fee for any 22,053
such permit shall not exceed eighty thousand dollars. A person 22,054
issued a modification of a permit for a solid waste disposal 22,055
facility or an infectious waste treatment facility that does not 22,056
involve an increase in the total disposal or treatment capacity 22,057
of the facility shall pay a fee of one thousand dollars. A 22,058
person issued a permit to install a new, or modify an existing, 22,059
solid waste transfer facility under that chapter shall pay a fee 22,060
of two thousand five hundred dollars. A person issued a permit 22,061
to install a new or to modify an existing solid waste 22,062
incineration or composting facility, or an existing infectious 22,063
waste treatment facility using incineration as its principal 22,064
method of treatment, under that chapter shall pay a fee of one 22,065
thousand dollars. The increases in the permit fees under this 22,066
division resulting from the amendments made by Amended Substitute 22,067
House Bill 592 of the 117th general assembly do not apply to any 22,068
person who submitted an application for a permit to install a 22,069
new, or modify an existing, solid waste disposal facility under 22,070
that chapter prior to September 1, 1987; any such person shall 22,071
pay the permit fee established in this division as it existed 22,072
prior to June 24, 1988. In addition to the applicable permit fee 22,073
under this division, a person issued a permit to install or 22,074
modify a solid waste facility or an infectious waste treatment 22,075
facility under that chapter who fails to pay the permit fee to 22,076
the director in compliance with division (V) of this section 22,077
512
shall pay an additional ten per cent of the amount of the fee for 22,078
each week that the permit fee is late. 22,079
Permit and late payment fees paid to the director under 22,081
this division shall be credited to the general revenue fund. 22,082
(R)(1) A person issued a registration certificate for a 22,084
scrap tire collection facility under section 3734.75 of the 22,085
Revised Code shall pay a fee of two hundred dollars, except that 22,086
if the facility is owned or operated by a motor vehicle salvage 22,087
dealer licensed under Chapter 4738. of the Revised Code, the 22,088
person shall pay a fee of twenty-five dollars. 22,089
(2) A person issued a registration certificate for a new 22,091
scrap tire storage facility under section 3734.76 of the Revised 22,092
Code shall pay a fee of three hundred dollars, except that if the 22,093
facility is owned or operated by a motor vehicle salvage dealer 22,094
licensed under Chapter 4738. of the Revised Code, the person 22,095
shall pay a fee of twenty-five dollars. 22,096
(3) A person issued a permit for a scrap tire storage 22,098
facility under section 3734.76 of the Revised Code shall pay a 22,099
fee of one thousand dollars, except that if the facility is owned 22,100
or operated by a motor vehicle salvage dealer licensed under 22,101
Chapter 4738. of the Revised Code, the person shall pay a fee of 22,102
fifty dollars. 22,103
(4) A person issued a permit for a scrap tire monocell or 22,105
monofill facility under section 3734.77 of the Revised Code shall 22,106
pay a fee of ten dollars per thousand cubic yards of disposal 22,107
capacity or one thousand dollars, whichever is greater, except 22,108
that the total fee for any such permit shall not exceed eighty 22,109
thousand dollars. 22,110
(5) A person issued a registration certificate for a scrap 22,112
tire recovery facility under section 3734.78 of the Revised Code 22,113
shall pay a fee of one hundred dollars. 22,114
(6) A person issued a permit for a scrap tire recovery 22,116
facility under section 3734.78 of the Revised Code shall pay a 22,117
fee of one thousand dollars. 22,118
513
(7) In addition to the applicable registration certificate 22,120
or permit fee under divisions (R)(1) to (6) of this section, a 22,121
person issued a registration certificate or permit for any such 22,122
scrap tire facility who fails to pay the registration certificate 22,123
or permit fee to the director in compliance with division (V) of 22,124
this section shall pay an additional ten per cent of the amount 22,125
of the fee for each week that the fee is late. 22,126
(8) The registration certificate, permit, and late payment 22,128
fees paid to the director under divisions (R)(1) to (7) of this 22,129
section shall be credited to the scrap tire management fund 22,130
created in section 3734.82 of the Revised Code. 22,131
(S)(1) Except as provided by divisions (L), (M), (N), (O), 22,133
(P), and (S)(2) of this section, division (A)(2) of section 22,134
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 22,135
and rules adopted under division (T)(1) of this section, any 22,136
person applying for a registration certificate under section 22,137
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 22,138
variance, or plan approval under Chapter 3734. of the Revised 22,139
Code shall pay a nonrefundable fee of fifteen dollars at the time 22,140
the application is submitted, and any. 22,141
EXCEPT AS OTHERWISE PROVIDED, ANY person applying for a 22,143
permit, variance, or plan approval under Chapter 6109. or 6111. 22,144
of the Revised Code shall pay a nonrefundable fee of one hundred 22,145
dollars at the time the application is submitted through June 30, 22,146
2000 2002, and a nonrefundable fee of fifteen dollars at the time 22,148
the application is submitted on and after July 1, 2000 2002. 22,149
THROUGH JUNE 30, 2002, ANY PERSON APPLYING FOR A NATIONAL 22,150
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UNDER CHAPTER 6111. 22,152
OF THE REVISED CODE SHALL PAY A NONREFUNDABLE FEE OF TWO HUNDRED 22,154
DOLLARS AT THE TIME OF APPLICATION FOR THE PERMIT. ON AND AFTER 22,155
JULY 1, 2002, SUCH A PERSON SHALL PAY A NONREFUNDABLE FEE OF 22,156
FIFTEEN DOLLARS AT THE TIME OF APPLICATION. 22,157
The director shall transmit all moneys collected under 22,159
division (S)(1) of this section pursuant to Chapter 6109. of the 22,160
514
Revised Code to the treasurer of state for deposit into the 22,161
drinking water protection fund created in section 6109.30 of the 22,162
Revised Code.
The director shall transmit all moneys collected under 22,164
division (S)(1) of this section pursuant to Chapter 6111. of the 22,165
Revised Code to the treasurer of state for deposit into the 22,166
surface water protection fund created in section 6111.038 of the 22,167
Revised Code.
If a registration certificate is issued under section 22,169
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 22,170
the application fee paid shall be deducted from the amount of the 22,171
registration certificate fee due under division (R)(1), (2), or 22,172
(5) of this section, as applicable. 22,173
(2) Division (S)(1) of this section does not apply to an 22,175
application for a registration certificate for a scrap tire 22,176
collection or storage facility submitted under section 3734.75 or 22,177
3734.76 of the Revised Code, as applicable, if the owner or 22,178
operator of the facility or proposed facility is a motor vehicle 22,179
salvage dealer licensed under Chapter 4738. of the Revised Code. 22,180
(T) The director may adopt, amend, and rescind rules in 22,182
accordance with Chapter 119. of the Revised Code that do all of 22,183
the following: 22,184
(1) Prescribe fees to be paid by applicants for and 22,186
holders of any license, permit, variance, plan approval, or 22,187
certification required or authorized by Chapter 3704., 3734., 22,188
6109., or 6111. of the Revised Code that are not specifically 22,189
established in this section. The fees shall be designed to 22,190
defray the cost of processing, issuing, revoking, modifying, 22,191
denying, and enforcing the licenses, permits, variances, plan 22,192
approvals, and certifications. 22,193
The director shall transmit all moneys collected under 22,195
rules adopted under division (T)(1) of this section pursuant to 22,196
Chapter 6109. of the Revised Code to the treasurer of state for 22,197
deposit into the drinking water protection fund created in 22,198
515
section 6109.30 of the Revised Code. 22,199
The director shall transmit all moneys collected under 22,201
rules adopted under division (T)(1) of this section pursuant to 22,202
Chapter 6111. of the Revised Code to the treasurer of state for 22,203
deposit into the surface water protection fund created in section 22,204
6111.038 of the Revised Code. 22,205
(2) Exempt the state and political subdivisions thereof, 22,207
including education facilities or medical facilities owned by the 22,208
state or a political subdivision, or any person exempted from 22,209
taxation by section 5709.07 or 5709.12 of the Revised Code, from 22,210
any fee required by this section; 22,211
(3) Provide for the waiver of any fee, or any part 22,213
thereof, otherwise required by this section whenever the director 22,214
determines that the imposition of the fee would constitute an 22,215
unreasonable cost of doing business for any applicant, class of 22,216
applicants, or other person subject to the fee; 22,217
(4) Prescribe measures that the director considers 22,219
necessary to carry out this section. 22,220
(U) When the director reasonably demonstrates that the 22,222
direct cost to the state associated with the issuance of a permit 22,223
to install, license, variance, plan approval, or certification 22,224
exceeds the fee for the issuance or review specified by this 22,225
section, the director may condition the issuance or review on the 22,226
payment by the person receiving the issuance or review of, in 22,227
addition to the fee specified by this section, the amount, or any 22,228
portion thereof, in excess of the fee specified under this 22,229
section. The director shall not so condition issuances for which 22,230
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 22,231
section. 22,232
(V) Except as provided in divisions (L), (M), and (P) of 22,234
this section or unless otherwise prescribed by a rule of the 22,235
director adopted pursuant to Chapter 119. of the Revised Code, 22,236
all fees required by this section are payable within thirty days 22,237
after the issuance of an invoice for the fee by the director or 22,238
516
the effective date of the issuance of the license, permit, 22,239
variance, plan approval, or certification. If payment is late, 22,240
the person responsible for payment of the fee shall pay an 22,241
additional ten per cent of the amount due for each month that it 22,242
is late. 22,243
(W) As used in this section, "fuel-burning equipment," 22,245
"fuel-burning equipment input capacity," "incinerator," 22,246
"incinerator input capacity," "process," "process weight rate," 22,247
"storage tank," "gasoline dispensing facility," "dry cleaning 22,248
facility," "design flow discharge," and "new source treatment 22,249
works" have the meanings ascribed to those terms by applicable 22,250
rules or standards adopted by the director under Chapter 3704. or 22,251
6111. of the Revised Code. 22,252
(X) As used in divisions (B), (C), (D), (E), (F), (H), 22,254
(I), and (J) of this section, and in any other provision of this 22,255
section pertaining to fees paid pursuant to Chapter 3704. of the 22,256
Revised Code: 22,257
(1) "Facility," "federal Clean Air Act," "person," and 22,259
"Title V permit" have the same meanings as in section 3704.01 of 22,260
the Revised Code. 22,261
(2) "Title V permit program" means the following 22,263
activities as necessary to meet the requirements of Title V of 22,264
the federal Clean Air Act and 40 C.F.R. part 70, including at 22,265
least: 22,266
(a) Preparing and adopting, if applicable, generally 22,268
applicable rules or guidance regarding the permit program or its 22,269
implementation or enforcement; 22,270
(b) Reviewing and acting on any application for a Title V 22,272
permit, permit revision, or permit renewal, including the 22,273
development of an applicable requirement as part of the 22,274
processing of a permit, permit revision, or permit renewal; 22,275
(c) Administering the permit program, including the 22,277
supporting and tracking of permit applications, compliance 22,278
certification, and related data entry; 22,279
517
(d) Determining which sources are subject to the program 22,281
and implementing and enforcing the terms of any Title V permit, 22,282
not including any court actions or other formal enforcement 22,283
actions; 22,284
(e) Emission and ambient monitoring; 22,286
(f) Modeling, analyses, or demonstrations; 22,288
(g) Preparing inventories and tracking emissions; 22,290
(h) Providing direct and indirect support to small 22,292
business stationary sources to determine and meet their 22,293
obligations under the federal Clean Air Act pursuant to the small 22,294
business stationary source technical and environmental compliance 22,295
assistance program required by section 507 of that act and 22,296
established in sections 3704.18, 3704.19, and 3706.19 of the 22,297
Revised Code. 22,298
Sec. 3748.07. (A) Every facility that proposes to handle 22,308
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 22,310
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 22,311
registration. Terms and conditions of licenses and certificates 22,312
of registration may be amended in accordance with rules adopted 22,313
under section 3748.04 of the Revised Code or orders issued by the 22,314
director pursuant to section 3748.05 of the Revised Code. 22,315
(B) Until rules are adopted under section 3748.04 of the 22,317
Revised Code, an application for a certificate of registration 22,319
shall be accompanied by a biennial registration fee of one
hundred fifty SIXTY dollars. On and after the effective date of 22,321
those rules, an applicant for a license, registration
certificate, or renewal of either shall pay the appropriate fee 22,322
established in those rules.
All fees collected under this section shall be deposited in 22,324
the state treasury to the credit of the general operations fund 22,325
created in section 3701.83 of the Revised Code. The fees shall 22,327
be used solely to administer and enforce this chapter and rules
518
adopted under it. 22,328
Any fee required under this section that has not been paid 22,330
within ninety days after the invoice date shall be assessed at 22,331
two times the original invoiced fee. Any fee that has not been 22,332
paid within one hundred eighty days after the invoice date shall 22,334
be assessed at five times the original invoiced fee. 22,335
(C) The director shall grant a license or registration to 22,337
any applicant who has paid the required fee and is in compliance 22,338
with this chapter and rules adopted under it. 22,340
Until rules are adopted under section 3748.04 of the 22,342
Revised Code, certificates of registration shall be effective for 22,344
two years from the date of issuance. On and after the effective 22,345
date of those rules, licenses and certificates of registration 22,346
shall be effective for the applicable period established in those 22,347
rules. Licenses and certificates of registration shall be 22,348
renewed in accordance with the standard renewal procedure 22,349
established in Chapter 4745. of the Revised Code. 22,350
Sec. 3748.13. (A) The director of health shall inspect 22,359
sources of radiation for which licensure or registration by the 22,360
handler is required, and the sources' shielding and surroundings, 22,362
according to the schedule established in rules adopted under 22,363
division (D) of section 3748.04 of the Revised Code. In 22,364
accordance with rules adopted under that section, the director 22,365
shall inspect all records and operating procedures of handlers 22,367
that install sources of radiation and all sources of radiation 22,369
for which licensure of radioactive material or registration of 22,370
radiation-generating equipment by the handler is required. The 22,371
director may make other inspections upon receiving complaints or 22,372
other evidence of violation of this chapter or rules adopted 22,373
under it.
The director shall require any hospital registered under 22,376
division (A) of section 3701.07 of the Revised Code to develop 22,377
and maintain a quality assurance program for all sources of 22,378
radiation-generating equipment. A certified radiation expert 22,379
519
shall conduct oversight and maintenance of the program and shall 22,380
file a report of audits of the program with the director on forms 22,381
prescribed by the director. The audit reports shall become part 22,382
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 22,384
section 3748.04 of the Revised Code, a facility shall pay 22,386
inspection fees according to the following schedule and 22,387
categories:
First dental x-ray tube, 22,389
gauging x-ray tube, or
analytical x-ray equipment 22,390
used in nonhealth care
applications $80.00 94.00 22,391
Each additional dental x-ray 22,392
tube, cabinet x-ray tube,
gauging x-ray tube, or 22,393
analytical x-ray equipment
used in nonhealth care
applications at the same 22,395
location $40.00 47.00 22,396
First MEDICAL x-ray tube other 22,397
than dental, cabinet, or
gauging, or analytical x-ray 22,399
equipment used in nonhealth
care applications $160.00 187.00 22,400
Each additional MEDICAL x-ray 22,401
tube other than dental,
cabinet, or gauging, or 22,402
analytical x-ray equipment 22,403
used in nonhealth care
applications at the same
location $80.00 94.00 22,405
Each unit of ionizing 22,406
radiation-generating equipment
520
capable of operating at or 22,407
above 250 kilovoltage peak $320.00 373.00 22,408
First nonionizing 22,409
radiation-generating equipment
of any kind $160.00 187.00 22,410
Each additional nonionizing 22,411
radiation-generating equipment 22,412
of any kind at the same 22,413
location $80.00 94.00 22,414
Amount of radioactive material 22,415
licensed or amount on hand at
the time of inspection, 22,417
whichever is greater:
less than 100 microcuries $100.00 22,420
100 microcuries or more, but 22,421
less than one millicurie $150.00 22,422
one millicurie or more, but 22,423
less than 100 millicuries $200.00 22,424
100 millicuries or more $400.00 22,425
Test of a sealed source for 22,426
leakage of radioactive
material $ 80.00 22,427
Assembler-maintainer 22,428
inspection consisting of an
inspection of records and 22,429
operating procedures of
handlers that install sources
of radiation $200.00 233.00 22,430
Until rules are adopted under division (A)(8) of section 22,433
3748.04 of the Revised Code, the fee for an inspection to 22,434
determine whether violations cited in a previous inspection have 22,436
been corrected is fifty per cent of the fee applicable under the 22,437
schedule in this division. Until those rules are adopted, the 22,438
fee for the inspection of a facility that is not licensed or 22,439
521
registered and for which no license or registration application 22,440
is pending at the time of inspection is two hundred fifty NINETY 22,442
dollars plus the fee applicable under the schedule in this 22,443
division.
The director may conduct a review of shielding plans or the 22,446
adequacy of shielding on the request of a licensee or registrant 22,447
or an applicant for licensure or registration or during an 22,448
inspection when the director considers a review to be necessary. 22,449
Until rules are adopted under division (A)(8) of section 3748.04 22,450
of the Revised Code, the fee for the review is four hundred 22,451
SIXTY-SIX dollars for each room where a source of radiation is 22,452
used and is in addition to any other fee applicable under the 22,453
schedule in this division.
All fees shall be paid to the department of health no later 22,455
than thirty days after the invoice for the fee is mailed. Fees 22,456
shall be deposited in the general operations fund created in 22,457
section 3701.83 of the Revised Code. The fees shall be used 22,458
solely to administer and enforce this chapter and rules adopted 22,459
under it.
Any fee required under this section that has not been paid 22,461
within ninety days after the invoice date shall be assessed at 22,462
two times the original invoiced fee. Any fee that has not been 22,463
paid within one hundred eighty days after the invoice date shall 22,464
be assessed at five times the original invoiced fee. 22,465
(C) If the director determines that a board of health of a 22,468
city or general health district is qualified to conduct 22,469
inspections of radiation-generating equipment, the director may 22,470
delegate to the board, by contract, the authority to conduct such 22,471
inspections. In making a determination of the qualifications of 22,472
a board of health to conduct those inspections, the director 22,473
shall evaluate the credentials of the individuals who are to 22,474
conduct the inspections of radiation-generating equipment and the 22,475
radiation detection and measuring equipment available to them for 22,476
that purpose. If a contract is entered into, the board shall 22,477
522
have the same authority to make inspections of 22,478
radiation-generating equipment as the director has under this 22,479
chapter and rules adopted under it. The contract shall stipulate 22,480
that only individuals approved by the director as qualified shall 22,481
be permitted to inspect radiation-generating equipment under the 22,482
contract's provisions. The contract shall provide for such 22,483
compensation for services as is agreed to by the director and the 22,484
board of health of the contracting health district. The director 22,485
may reevaluate the credentials of the inspection personnel and 22,486
their radiation detecting and measuring equipment as often as the 22,487
director considers necessary and may terminate any contract with 22,488
the board of health of any health district that, in the 22,489
director's opinion, is not satisfactorily performing the terms of 22,490
the contract.
(D) The director may enter at all reasonable times upon 22,492
any public or private property to determine compliance with this 22,493
chapter and rules adopted under it. 22,494
Sec. 3750.02. (A) There is hereby created the emergency 22,503
response commission consisting of the directors of environmental 22,504
protection and health, the chairpersons of the public utilities 22,506
commission, industrial commission, and state and local government 22,508
commission, the fire marshal, the director of public safety, the 22,509
administrator of the bureau of employment services, and the 22,510
attorney general as members ex officio, or their designees; 22,511
notwithstanding section 101.26 of the Revised Code, the 22,512
chairpersons of the respective standing committees of the senate 22,513
and house of representatives that are primarily responsible for 22,514
considering environmental issues who may participate fully in all 22,515
the commission's deliberations and activities, except that they 22,516
shall serve as nonvoting members; and ten members to be appointed 22,517
by the governor with the advice and consent of the senate. The 22,518
appointed members, to the extent practicable, shall have 22,519
technical expertise in the field of emergency response. Of the 22,520
appointed members, two shall represent environmental advocacy 22,521
523
organizations, one shall represent the interests of petroleum 22,522
refiners or marketers or chemical manufacturers, one shall 22,523
represent the interests of another industry subject to this 22,524
chapter, one shall represent the interests of municipal 22,525
corporations, one shall represent the interests of counties, one 22,526
shall represent the interests of chiefs of fire departments, one 22,527
shall represent the interests of professional fire fighters 22,528
FIREFIGHTERS, one shall represent the interests of volunteer fire 22,530
fighters FIREFIGHTERS, and one shall represent the interests of 22,532
local emergency management agencies. 22,533
An appointed member of the commission also may serve as a 22,536
member of the local emergency planning committee of an emergency 22,537
planning district. An appointed member of the commission who is 22,538
also a member of a local emergency planning committee shall not 22,539
participate as a member of the commission in the appointment of 22,540
members of the local emergency planning committee of which the 22,541
member is a member, in the review of the chemical emergency 22,543
response and preparedness plan submitted by the local emergency 22,544
planning committee of which the member is a member, in any vote 22,545
to approve a grant to the member's district, nor OR in any vote 22,547
of the commission on any motion or resolution pertaining 22,549
specifically to the member's district or the local emergency 22,551
planning committee on which the member serves. A commission 22,553
member who is also a member of a local emergency planning 22,554
committee shall not lobby or otherwise act as an advocate for the 22,555
member's district to other members of the commission to obtain 22,557
from the commission anything of value for the member's district 22,558
or the local emergency planning committee of which the member is 22,559
a member. A member of the commission who is also a member of a 22,561
local emergency planning committee may vote on resolutions of the 22,562
commission that apply uniformly to all local emergency planning 22,563
committees and districts in the state and do not provide a grant 22,564
or other pecuniary benefit to the member's district or the 22,565
committee of which the member is a member. 22,567
524
The governor shall make the initial appointments to the 22,569
commission within thirty days after December 14, 1988. Of the 22,571
initial appointments to the commission, five shall be for a term 22,574
of two years and five shall be for a term of one year. 22,575
Thereafter, terms of office of the appointed members of the 22,576
commission shall be for two years, with each term ending on the 22,577
same day of the same month as did the term that it succeeds. 22,578
Each member shall hold office from the date of appointment until 22,579
the end of the term for which the member was appointed. Members 22,581
may be reappointed. Vacancies shall be filled in the manner 22,582
provided for original appointments. Any member appointed to fill 22,583
a vacancy occurring prior to the expiration of the term for which 22,584
the member's predecessor was appointed shall hold office for the 22,586
remainder of that term. A member shall continue in office 22,587
subsequent to the expiration date of the member's term until the 22,589
member's successor takes office or until a period of sixty days 22,590
has elapsed, whichever occurs first. The commission may at any 22,591
time by a vote of two-thirds of all the members remove any 22,592
appointed member of the commission for misfeasance, nonfeasance, 22,593
or malfeasance. Members of the commission shall serve without 22,594
compensation, but shall be reimbursed for the reasonable expenses 22,595
incurred by them in the discharge of their duties as members of 22,596
the commission. 22,597
The commission shall meet at least annually and shall hold 22,599
such additional meetings as are necessary to implement and 22,600
administer this chapter. Additional meetings may be held at the 22,601
behest of either a co-chairperson or a majority of the members. 22,603
The commission shall, by adoption of internal management rules 22,604
under division (B)(9) of this section, establish an executive 22,605
committee and delegate to it the performance of such of the 22,606
commission's duties and powers under this chapter as are required 22,607
or authorized to be so delegated by that division. The 22,608
commission may organize itself into such additional committees as 22,609
it considers necessary or convenient to implement and administer 22,610
525
this chapter. The director of environmental protection and the 22,612
director of public safety or their designees shall serve as 22,613
co-chairpersons of the commission and the executive committee. 22,614
Except as otherwise provided in this chapter, a majority of the 22,615
voting members of the commission constitutes a quorum and the 22,616
affirmative vote of a majority of the voting members of the 22,617
commission is necessary for any action taken by the commission. 22,618
Meetings of the executive committee conducted for the purpose of 22,619
determining whether to issue an enforcement order or request that 22,620
a civil action, civil penalty action, or criminal action be 22,621
brought to enforce this chapter or rules adopted or orders issued 22,622
under it are not subject to section 121.22 of the Revised Code 22,623
pursuant to division (D) of that section. 22,624
Except for the purposes of Chapters 102. and 2921. and 22,626
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 22,627
as an appointed member of the commission does not constitute 22,628
holding a public office or position of employment under the laws 22,629
of this state and does not constitute grounds for removal of 22,630
public officers or employees from their offices or positions of 22,631
employment. 22,632
(B) The commission shall: 22,634
(1) Adopt rules in accordance with Chapter 119. of the 22,636
Revised Code that are consistent with and equivalent in scope, 22,637
content, and coverage to the "Emergency Planning and Community 22,638
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 22,639
and applicable regulations adopted under it: 22,640
(a) Identifying or listing extremely hazardous substances 22,642
and establishing a threshold planning quantity for each such 22,643
substance. To the extent consistent with that act and applicable 22,644
regulations adopted under it, the rules may establish threshold 22,645
planning quantities based upon classes of those substances or 22,646
categories of facilities at which such substances are present. 22,647
(b) Listing hazardous chemicals, establishing threshold 22,649
quantities for those chemicals, establishing categories of health 22,650
526
and physical hazards of those chemicals, establishing criteria or 22,651
procedures for identifying those chemicals and the appropriate 22,652
hazard categories of those chemicals, and establishing ranges of 22,653
quantities for those chemicals to be used in preparing emergency 22,654
and hazardous chemical inventory forms under section 3750.08 of 22,655
the Revised Code. To the extent consistent with that act and 22,656
applicable regulations adopted under it, the rules may establish 22,657
threshold quantities based upon classes of those chemicals or 22,658
categories of facilities where those chemicals are present. 22,659
To the extent consistent with that act, the threshold 22,661
quantities for purposes of the submission of lists of hazardous 22,662
chemicals under section 3750.07 and the submission of emergency 22,663
and hazardous chemical inventory forms under section 3750.08 of 22,664
the Revised Code may differ. 22,665
(c) Identifying or listing hazardous substances and 22,667
establishing reportable quantities of each of those substances 22,668
and each extremely hazardous substance. In addition to being 22,669
consistent with and equivalent in scope, content, and coverage to 22,670
that act and applicable regulations adopted under it, the rules 22,671
shall be consistent with and equivalent in scope, content, and 22,672
coverage to regulations identifying or listing hazardous 22,673
substances and reportable quantities of those substances adopted 22,674
under the "Comprehensive Environmental Response, Compensation, 22,675
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 22,676
amended. 22,677
(d) Prescribing the information to be included in the 22,679
lists of hazardous chemicals required to be submitted under 22,680
section 3750.07 of the Revised Code; 22,681
(e) Prescribing the information to be included in the 22,683
emergency and hazardous chemical inventory forms required to be 22,684
submitted under section 3750.08 of the Revised Code. If the 22,685
commission establishes its own emergency and hazardous chemical 22,686
inventory form, the rules shall authorize owners and operators of 22,687
facilities who also have one or more facilities located outside 22,688
527
the state for which they are required to submit inventory forms 22,689
under the federal act and regulations adopted under it to submit 22,690
their annual inventories on forms prescribed by the administrator 22,691
of the United States environmental protection agency under that 22,692
act instead of on forms prescribed by the commission and shall 22,693
require those owners or operators to submit any additional 22,694
information required by the commission's inventory form on an 22,695
attachment to the federal form. 22,696
(f) Establishing procedures for giving verbal notice of 22,698
releases under section 3750.06 of the Revised Code and 22,699
prescribing the information to be provided in such a notice and 22,700
in the follow-up written notice required by that section; 22,701
(g) Establishing standards for determining valid needs for 22,703
the release of tier II information under division (B)(4) of 22,704
section 3750.10 of the Revised Code; 22,705
(h) Identifying the types or categories of information 22,707
submitted or obtained under this chapter and rules adopted under 22,708
it that constitute confidential business information; 22,709
(i) Establishing criteria and procedures to protect trade 22,711
secret and confidential business information from unauthorized 22,712
disclosure; 22,713
(j) Establishing other requirements or authorizations that 22,715
the commission considers necessary or appropriate to implement, 22,716
administer, and enforce this chapter. 22,717
(2) Adopt rules in accordance with Chapter 119. of the 22,719
Revised Code to implement and administer this chapter that may be 22,720
more stringent than the "Emergency Planning and Community 22,721
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 22,722
and regulations adopted under it. Rules adopted under this 22,723
division (B)(2) OF THIS SECTION shall not be inconsistent with 22,724
that act or the regulations adopted under it. The rules shall: 22,726
(a) Prescribe the information to be included in the 22,728
chemical emergency response and preparedness plans prepared and 22,729
submitted by local emergency planning committees under section 22,730
528
3750.04 of the Revised Code; 22,731
(b) Establish criteria and procedures for reviewing the 22,733
chemical emergency response and preparedness plans of local 22,734
emergency planning committees required by section 3750.04 of the 22,735
Revised Code and the annual exercise of those plans and for 22,736
providing concurrence or requesting modifications in the plans 22,737
and the exercise of those plans. The criteria shall include, 22,738
without limitation, the requirement that each exercise of a 22,739
committee's plan involve, in addition to local emergency response 22,740
and medical personnel, either a facility that is subject to the 22,741
plan or a transporter of materials that are identified or listed 22,742
as hazardous materials by regulations adopted under the 22,743
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 22,744
49 U.S.C.A. 1801, as amended. 22,745
(c) Establish policies and procedures for maintaining 22,747
information submitted to the commission and local emergency 22,748
planning committees under this chapter, and for receiving and 22,749
fulfilling requests from the public for access to review and to 22,750
obtain copies of that information. The criteria and procedures 22,751
shall include the following requirements and authorizations 22,752
regarding that information and access to it: 22,753
(i) Information that is protected as trade secret 22,755
information or confidential business information under this 22,756
chapter and rules adopted under it shall be kept in files that 22,757
are separate from those containing information that is not so 22,758
protected;. 22,759
(ii) The original copies of information submitted to the 22,761
commission or committee shall not be removed from the custody and 22,762
control of the commission or committee;. 22,763
(iii) A person who, either in person or by mail, requests 22,765
to obtain a copy of a material safety data sheet submitted under 22,766
this chapter by a facility owner or operator shall submit a 22,767
separate application for each facility for which a material 22,768
safety data sheet is being requested;. 22,769
529
(iv) A person who requests to receive by mail a copy of 22,771
information submitted under this chapter by a facility owner or 22,772
operator shall submit a separate application for each facility 22,773
for which information is being requested, and shall specify both 22,774
the facility for which information is being requested and the 22,775
particular types of documents requested;. 22,776
(v) Only employees of the commission or committee shall 22,778
copy information in the files of the commission or committee;. 22,779
(vi) The commission or committee may require any person 22,781
who requests to review or obtain a copy of information in its 22,782
files to schedule an appointment for that purpose with the 22,783
information coordinator of the commission or committee at least 22,784
twenty-four hours before arriving at the office of the commission 22,785
or committee for the review or copy. 22,786
(vii) Any person who seeks access to information in the 22,788
files of the commission or a local emergency planning committee 22,789
shall submit a written application, either in person or by mail, 22,790
to the information coordinator on a form provided by the 22,791
commission or committee. The person also shall provide the 22,792
person's name and current mailing address on the application and 22,794
may be requested by the commission or committee to provide basic 22,795
demographic information on the form to assist in the evaluation 22,796
of the information access provisions of this chapter and rules 22,797
adopted under it. Application forms may be obtained by mail or 22,798
in person or by request by telephone at the office of the 22,799
commission or committee during regular business hours. Upon 22,800
receipt of a request for an application by telephone or mail, the 22,801
information coordinator shall promptly mail an application to the 22,802
person who requested it. 22,803
(viii) The application form shall provide the applicant 22,805
with a means of indicating that the applicant's name and address 22,807
are to be kept confidential. If the applicant so indicates, that 22,808
information is not a public record under section 149.43 of the 22,809
Revised Code and shall not be disclosed to any person who is not 22,810
530
a member or employee of the commission or committee or an 22,811
employee of the environmental protection agency. When a name and 22,812
address are to be kept confidential, they also shall be deleted 22,813
from the copy of the application required to be placed in the 22,814
file of the facility under division (B)(2)(c)(xii) of this 22,815
section and shall be withheld from any log of information 22,816
requests kept by the commission or committee pursuant to that 22,817
division. 22,818
(ix) Neither the commission nor a local emergency planning 22,820
committee shall charge any fee for access to review information 22,821
in its files when no copies or computer searches of that 22,822
information are requested;. 22,823
(x) An applicant shall be informed of the cost of copying, 22,825
mailing, or conducting a computer search of information on file 22,826
with the commission or committee before such a copy or search is 22,827
made, and the commission or committee shall collect the 22,828
appropriate fees as established under section 3750.13 of the 22,829
Revised Code. Each applicant shall acknowledge on the 22,830
application form that the applicant is aware that the applicant 22,832
will be charged for copies and computer searches of that 22,833
information the applicant requests and for the costs of mailing 22,835
copies of the information to the applicant.
(xi) The commission or committee may require a person 22,837
requesting copies of information on file with it to take delivery 22,838
of them in the office of the commission or committee whenever it 22,839
considers the volume of the information to be large enough to 22,840
make mailing or delivery by a parcel or package delivery service 22,841
impractical;. 22,842
(xii) When the commission or committee receives a request 22,844
for access to review or obtain copies of information in its 22,845
files, it shall not routinely notify the owner or operator of the 22,846
facility involved, but instead shall either keep a log or file of 22,847
requests for the information or shall place a copy of each 22,848
completed application form in the file for the facility to which 22,849
531
the application pertains. Such a log or file shall be available 22,850
for review by the public and by the owners and operators of 22,851
facilities required to submit information to the commission or 22,852
committee under this chapter and rules adopted under it. 22,853
(d) Require that claims for the protection, as a trade 22,855
secret, of information obtained under this chapter regarding 22,856
extremely hazardous substances identified or listed in rules 22,857
adopted under division (B)(1)(a) of this section and hazardous 22,858
chemicals identified or listed in rules adopted under division 22,859
(B)(1)(b) of this section be submitted to the administrator of 22,860
the United States environmental protection agency for 22,861
determination under section 322 of the "Emergency Planning and 22,862
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 22,863
11042, and regulations adopted under that section; 22,864
(e) Establish criteria and procedures for the issuance of 22,866
variances under divisions (B) and (C) of section 3750.11 of the 22,867
Revised Code. The rules shall require that, before approval of 22,868
an application for a variance, the commission or committee find 22,869
by a preponderance of the scientific evidence based upon 22,870
generally accepted scientific principles or laboratory tests that 22,871
the extremely hazardous substances, hazardous chemicals, or 22,872
hazardous substances that would be subject to the reporting 22,873
requirement pose a substantial risk of catastrophic injury to 22,874
public health or safety or to the environment, or pose an 22,875
extraordinary risk of injury to emergency management personnel 22,876
responding to a release of the chemicals or substances, when the 22,877
substances or chemicals are present at a facility in an amount 22,878
equal to or exceeding the quantity for which reporting would be 22,879
required under the reporting requirement for which the variance 22,880
is sought. The rules shall also require that before approval of 22,881
an application for a variance, the commission or committee find 22,882
by a preponderance of the evidence that the development and 22,883
implementation of a local emergency response plan for releases of 22,884
the substances or chemicals covered by the reporting requirement 22,885
532
will reduce the risk of catastrophic injury to public health or 22,886
safety or to the environment, or will reduce the extraordinary 22,887
risk of injury to responding emergency management personnel, in 22,888
the event of a release of the substances or chemicals and find by 22,889
a preponderance of the evidence that the reporting requirement is 22,890
necessary for the development of such a local emergency response 22,891
plan. The rules shall require that when determining whether the 22,892
substances or chemicals that would be subject to the reporting 22,893
requirement pose a substantial risk of catastrophic injury to 22,894
public health or safety or to the environment, or pose an 22,895
extraordinary risk of injury to emergency management personnel 22,896
responding to a release of the substance or chemical, the 22,897
commission or committee consider all of the following factors: 22,898
(i) The specific characteristics and degree and nature of 22,900
the hazards posed by a release of the extremely hazardous 22,901
substances, hazardous chemicals, or hazardous substances; 22,902
(ii) The proximity of the facilities that would be subject 22,904
to the reporting requirement to residential areas, to areas where 22,905
significantly large numbers of people are employed or otherwise 22,906
congregate, and to environmental resources that are subject to 22,907
injury; 22,908
(iii) The quantities of the extremely hazardous 22,910
substances, hazardous chemicals, or hazardous substances that are 22,911
routinely present at facilities that would be subject to the 22,912
reporting requirement; 22,913
(iv) The frequency with which the extremely hazardous 22,915
substances, hazardous chemicals, or hazardous substances are 22,916
present at the facilities that would be subject to the reporting 22,917
requirement in quantities for which reporting would be required 22,918
thereunder. 22,919
(f) Establish criteria and procedures for the issuance of 22,921
orders under division (D) of section 3750.11 of the Revised Code 22,922
requiring the placement of emergency response lock box units. 22,923
The rules shall require that before approval of an application 22,924
533
for issuance of such an order, the commission or committee find 22,925
by a preponderance of the scientific evidence based upon 22,926
generally accepted scientific principles or laboratory tests that 22,927
the presence of the extremely hazardous substances, hazardous 22,928
chemicals, or hazardous substances in the quantities in which 22,929
they are routinely or intermittently present at the facility for 22,930
which the order is sought pose a substantial risk of catastrophic 22,931
injury to public health or safety or to the environment, or pose 22,932
an extraordinary risk of injury to responding emergency 22,933
management personnel, in the event of a release of any of those 22,934
substances or chemicals from the facility. The rules shall 22,935
require that before approval of an application for issuance of 22,936
such an order, the commission or committee also find by a 22,937
preponderance of the evidence that the placement of an emergency 22,938
response lock box unit at the facility is necessary to protect 22,939
against the substantial risk of catastrophic injury to public 22,940
health or safety or the environment, or to protect against an 22,941
extraordinary risk of injury to responding emergency management 22,942
personnel, in the event of a release of any of the extremely 22,943
hazardous substances, hazardous chemicals, or hazardous 22,944
substances routinely or intermittently present at the facility. 22,945
The rules shall require that when determining whether the 22,946
extremely hazardous substances, hazardous chemicals, or hazardous 22,947
substances present at the facility pose a substantial risk of 22,948
catastrophic injury to public health or safety or to the 22,949
environment, or pose an extraordinary risk of injury to 22,950
responding emergency management personnel, in the event of a 22,951
release of any of those substances or chemicals from the 22,952
facility, the commission or committee consider all of the 22,953
following factors: 22,954
(i) The specific characteristics and the degree and nature 22,956
of the hazards posed by a release of the extremely hazardous 22,957
substances, hazardous chemicals, or hazardous substances present 22,958
at the facility; 22,959
534
(ii) The proximity of the facility to residential areas, 22,961
to areas where significantly large numbers of people are employed 22,962
or otherwise congregate, and to environmental resources that are 22,963
subject to injury; 22,964
(iii) The quantities of the extremely hazardous 22,966
substances, hazardous chemicals, or hazardous substances that are 22,967
routinely present at the facility; 22,968
(iv) The frequency with which the extremely hazardous 22,970
substances, hazardous chemicals, or hazardous substances are 22,971
present at the facility. 22,972
(g) Establish procedures to be followed by the commission 22,974
and the executive committee of the commission for the issuance of 22,975
orders under this chapter. 22,976
(3) In accordance with Chapter 119. of the Revised Code 22,978
adopt rules establishing reportable quantities for releases of 22,979
oil that are consistent with and equivalent in scope, content, 22,980
and coverage to section 311 of the "Federal Water Pollution 22,981
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 22,982
as amended, and applicable regulations adopted under it.; 22,983
(4) Adopt rules in accordance with Chapter 119. of the 22,985
Revised Code establishing criteria and procedures for identifying 22,986
or listing extremely hazardous substances in addition to those 22,987
identified or listed in rules adopted under division (B)(1)(a) of 22,988
this section and for establishing threshold planning quantities 22,989
and reportable quantities for the added extremely hazardous 22,990
substances; for identifying or listing hazardous chemicals in 22,991
addition to those identified or listed in rules adopted under 22,992
division (B)(1)(b) of this section and for establishing threshold 22,993
quantities and categories of health and physical hazards for the 22,994
added hazardous chemicals; and for identifying or listing 22,995
hazardous substances in addition to those identified or listed in 22,996
rules adopted under division (B)(1)(c) OF THIS SECTION and for 22,997
establishing reportable quantities for the added hazardous 22,999
substances. The criteria for identifying or listing additional 23,000
535
extremely hazardous substances and establishing threshold 23,001
planning quantities and reportable quantities therefor and for 23,002
identifying or listing additional hazardous chemicals and 23,003
establishing threshold quantities and categories of health and 23,004
physical hazards for the added hazardous chemicals shall be 23,005
consistent with and equivalent to applicable criteria therefor 23,006
under the "Emergency Planning and Community Right-To-Know Act of 23,007
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 23,008
under it. The criteria for identifying additional hazardous 23,009
substances and for establishing reportable quantities of the 23,010
added hazardous substances shall be consistent with and 23,011
equivalent to the applicable criteria for identifying or listing 23,012
hazardous substances and establishing reportable quantities 23,013
therefor under the "Comprehensive Environmental Response, 23,014
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 23,015
U.S.C.A. 9602, as amended, and regulations adopted under it. The 23,016
THE rules shall require that, before identifying or listing 23,019
any such additional extremely hazardous substance, hazardous 23,020
chemical, or hazardous substance and establishing a threshold 23,021
planning quantity, threshold quantity, or reportable quantity 23,022
therefor, the commission find by a preponderance of the 23,023
scientific evidence based on generally accepted scientific 23,024
principles or laboratory tests that the substance or chemical 23,025
poses a substantial risk of catastrophic injury to public health 23,026
or safety or to the environment, or poses an extraordinary risk 23,027
of injury to emergency management personnel responding to a 23,028
release of the chemical or substance, when the chemical or 23,029
substance is present at a facility in an amount equal to the 23,030
proposed threshold planning quantity or threshold quantity or, in 23,031
the instance of a proposed additional extremely hazardous 23,032
substance or hazardous substance, poses a substantial risk of 23,033
catastrophic injury to public health or safety or to the 23,034
environment if a release of the proposed reportable quantity of 23,035
the substance occurs. The rules shall further require that, 23,036
536
before so identifying or listing a substance or chemical, the 23,037
commission find by a preponderance of the evidence that the 23,038
development and implementation of state or local emergency 23,039
response plans for releases of the substance or chemical will 23,040
reduce the risk of a catastrophic injury to public health or 23,041
safety or to the environment, or will reduce the extraordinary 23,042
risk of injury to responding emergency response personnel, in the 23,043
event of a release of the substance or chemical and find by a 23,044
preponderance of the evidence that the identification or listing 23,045
of the substance or chemical is necessary for the development of 23,046
state or local emergency response plans for releases of the 23,047
substance or chemical. The rules shall require that the 23,048
commission consider the toxicity of the substance or chemical in 23,049
terms of both the short-term and long-term health effects 23,050
resulting from exposure to it and its reactivity, volatility, 23,051
dispersibility, combustibility, and flammability when determining 23,052
the risks posed by a release of the substance or chemical and, as 23,053
appropriate, when establishing a threshold planning quantity, 23,054
threshold quantity, reportable quantity, or category of health or 23,055
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 23,057
Revised Code establishing criteria and procedures for receiving 23,058
and deciding claims for protection of information as a trade 23,059
secret that are applicable only to extremely hazardous substances 23,060
and hazardous chemicals identified or listed in rules adopted 23,061
under division (C)(5) of this section. The rules shall be 23,062
equivalent in scope, content, and coverage to section 322 of the 23,063
"Emergency Planning and Community Right-To-Know Act of 1986," 100 23,064
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 23,065
(6)(a) After consultation with the fire marshal, adopt 23,067
rules in accordance with Chapter 119. of the Revised Code 23,068
establishing standards for the construction, placement, and use 23,069
of emergency response lock box units at facilities that are 23,070
subject to this chapter. The rules shall establish all of the 23,071
537
following: 23,072
(i) Specific standards of construction for lock box units; 23,074
(ii) The specific types of information that shall be 23,076
placed in the lock box units required to be placed at a facility 23,077
by an order issued under division (D) of section 3750.11 of the 23,078
Revised Code, which shall include the location of on-site 23,079
emergency fire-fighting and spill cleanup equipment; a diagram of 23,080
the public and private water supply and sewage systems serving 23,081
the facility that are known to the owner or operator of the 23,082
facility; a copy of the emergency and hazardous chemical 23,083
inventory form for the facility most recently required to be 23,084
submitted under section 3750.08 of the Revised Code from which 23,085
the owner or operator may withhold information claimed or 23,086
determined to be trade secret information pursuant to rules 23,087
adopted under division (B)(2)(d) of this section, or pursuant to 23,088
division (B)(14) of this section and rules adopted under division 23,089
(B)(5) of this section, and confidential business information 23,090
identified in rules adopted under division (B)(1)(h) of this 23,091
section; a copy of the local fire department's and facility's 23,092
emergency management plans for the facility, if any; a current 23,093
list of the names, positions, addresses, and telephone numbers of 23,094
all key facility personnel knowledgeable in facility safety 23,095
procedures and the locations at the facility where extremely 23,096
hazardous substances, hazardous chemicals, and hazardous 23,097
substances are produced, used, or stored. The rules shall 23,098
stipulate that, in the instance of lock box units placed 23,099
voluntarily at facilities by the owners or operators of the 23,100
facilities, such information shall be maintained in them as is 23,101
prescribed by agreement by the owner or operator and the fire 23,102
department having jurisdiction over the facility. 23,103
(iii) The conditions that shall be met in order to provide 23,105
safe and expedient access to a lock box unit during a release or 23,106
threatened release of an extremely hazardous substance, hazardous 23,107
chemical, or hazardous substance. 23,108
538
(b) Unless the owner or operator of a facility is issued 23,110
an order under division (D) of section 3750.11 of the Revised 23,111
Code requiring the owner or operator to place a lock box unit at 23,113
the facility, the owner or operator may place a lock box unit at 23,114
the facility at the owner's or operator's discretion. If the 23,116
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 23,118
box unit is in addition to any other obligations established in 23,119
this chapter.
(c) Any costs associated with the purchase, construction, 23,121
or placement of a lock box unit shall be paid by the owner or 23,122
operator of the facility. 23,123
(7) In accordance with Chapter 119. of the Revised Code, 23,125
adopt rules governing the application for and awarding of grants 23,126
under division (C) of section 3750.14 and division (B) of section 23,127
3750.15 of the Revised Code; 23,128
(8) Adopt rules in accordance with Chapter 119. of the 23,130
Revised Code establishing reasonable maximum fees that may be 23,131
charged by the commission and local emergency planning committees 23,132
for copying information in the commission's or committee's files 23,133
to fulfill requests from the public for that information; 23,134
(9) Adopt internal management rules governing the 23,136
operations of the commission. The internal management rules 23,137
shall establish an executive committee of the commission 23,138
consisting of the director of environmental protection or the 23,139
director's designee, the director of public safety or the 23,141
director's designee, the attorney general or the attorney 23,143
general's designee, one of the appointed members of the 23,145
commission representing industries subject to this chapter to be 23,146
appointed by the commission, one of the appointed members of the 23,147
commission representing the interests of environmental advocacy 23,148
organizations to be appointed by the commission, and one other 23,149
appointed member or member ex officio of the commission to be 23,150
appointed by the commission. The executive committee has 23,151
539
exclusive authority to issue enforcement orders under section 23,152
3750.18 of the Revised Code and to request the attorney general 23,153
to bring a civil action, civil penalty action, or criminal action 23,154
under section 3750.20 of the Revised Code in the name of the 23,155
commission regarding violations of this chapter, rules adopted 23,156
under it, or orders issued under it. The internal management 23,157
rules may set forth the other specific powers and duties of the 23,158
commission that the executive committee may exercise and carry 23,159
out and the conditions under which the executive committee may do 23,160
so. The internal management rules shall not authorize the 23,161
executive committee to issue variances under division (B) or (C) 23,162
of section 3750.11 of the Revised Code or orders under division 23,163
(D) of that section.
(10) Oversee and coordinate the implementation and 23,165
enforcement of this chapter and make such recommendations to the 23,166
director of environmental protection and the director of public 23,168
safety as it considers necessary or appropriate to improve the 23,169
implementation and enforcement of this chapter; 23,170
(11) Make allocations of moneys under division (B) of 23,172
section 3750.14 of the Revised Code and make grants under 23,173
division (C) of section 3750.14 and division (B) of section 23,174
3750.15 of the Revised Code; 23,175
(12) Designate an officer of the environmental protection 23,177
agency to serve as the commission's information coordinator under 23,178
this chapter; 23,179
(13) Not later than December 14, 1989, develop and 23,182
distribute a state emergency response plan that defines the 23,184
emergency response roles and responsibilities of the state 23,185
agencies that are represented on the commission and that provides 23,186
appropriate coordination with the national contingency plan and 23,187
the regional contingency plan required by section 105 of the 23,188
"Comprehensive Environmental Response, Compensation, and 23,189
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 23,190
amended. The plan shall ensure a well-coordinated response by 23,191
540
state agencies that may be involved in assisting local emergency 23,192
responders during a major release of oil or a major sudden and 23,193
accidental release of a hazardous substance or extremely 23,194
hazardous substance. The plan may incorporate existing state 23,195
emergency response plans by reference. At least annually, the 23,196
commission and the state agencies that are represented on it 23,197
shall jointly exercise the state plan in conjunction with the 23,198
exercise of a local emergency response plan by a local emergency 23,199
planning committee under section 3750.04 of the Revised Code. 23,200
After any such exercise, the commission shall review the state 23,201
plan and make such revisions in it as the commission considers 23,202
necessary or appropriate.
(14) Receive and decide claims for the protection of 23,204
information as a trade secret that pertain only to extremely 23,205
hazardous substances and hazardous chemicals identified or listed 23,206
by rules adopted under division (C)(5) of this section. If the 23,207
commission determines that the claim meets the criteria 23,208
established in rules adopted under division (B)(5) of this 23,209
section, it shall issue an order to that effect in accordance 23,210
with section 3750.18 of the Revised Code. If the commission 23,211
determines that the claim does not meet the criteria established 23,212
in those rules, it shall issue an order to that effect in 23,213
accordance with section 3750.18 of the Revised Code. 23,214
(15) Annually compile, make available to the public, and 23,216
submit to the president of the senate and the speaker of the 23,217
house of representatives a summary report on the number of 23,218
facilities estimated to be subject to regulation under sections 23,219
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 23,220
facilities reporting to the commission, an estimate of the 23,221
percentage of facilities in compliance with those sections, and 23,222
recommendations regarding the types of activities the commission 23,223
considers necessary to improve such compliance. The commission 23,224
shall base its estimate of the number of facilities that are 23,225
subject to regulation under those sections on the current 23,226
541
estimates provided by the local emergency planning committees 23,227
under division (D)(6) of section 3750.03 of the Revised Code. 23,228
(C) The commission may: 23,230
(1) Procure by contract the temporary or intermittent 23,232
services of experts or consultants when those services are to be 23,233
performed on a part-time or fee-for-service basis and do not 23,234
involve the performance of administrative duties; 23,235
(2) Enter into contracts or agreements with political 23,237
subdivisions or emergency planning districts for the purposes of 23,238
this chapter; 23,239
(3) Accept on behalf of the state any gift, grant, or 23,241
contribution from any governmental or private source, for the 23,242
purposes of this chapter; 23,243
(4) Enter into contracts, agreements, or memoranda of 23,245
understanding with any state department, agency, board, 23,246
commission, or institution to obtain the services of personnel 23,247
thereof or utilize resources thereof for the purposes of this 23,248
chapter. Employees of a state department, agency, board, 23,249
commission, or institution providing services to the commission 23,250
under any such contract, agreement, or memorandum shall perform 23,251
only those functions and provide only the services provided for 23,252
in the contract, agreement, or memorandum. 23,253
(5) Identify or list extremely hazardous substances in 23,255
addition to those identified or listed in rules adopted under 23,256
division (B)(1)(a) of this section and establish threshold 23,257
planning quantities and reportable quantities for the additional 23,258
extremely hazardous substances, identify or list hazardous 23,259
chemicals in addition to those identified or listed in rules 23,260
adopted under division (B)(1)(b) of this section and establish 23,261
threshold quantities and categories or health and physical 23,262
hazards for the added chemicals, and identify or list hazardous 23,263
substances in addition to those identified or listed in rules 23,264
adopted under division (B)(1)(c) of this section and establish 23,265
reportable quantities for the added hazardous substances. The 23,266
542
commission may establish threshold planning quantities for the 23,267
additional extremely hazardous substances based upon classes of 23,268
those substances or categories of facilities at which they are 23,269
present and may establish threshold quantities for the additional 23,270
hazardous chemicals based upon classes of those chemicals or 23,271
categories of facilities where they are present. The commission 23,272
shall identify or list such additional substances or chemicals 23,273
and establish threshold planning quantities, threshold 23,274
quantities, reportable quantities, and hazard categories therefor 23,275
in accordance with the criteria and procedures established in 23,276
rules adopted under division (B)(4) of this section and, after 23,277
compliance with those criteria and procedures, by the adoption of 23,278
rules in accordance with Chapter 119. of the Revised Code. The 23,279
commission shall not adopt rules under division (C)(5) of this 23,280
section modifying any threshold planning quantity established in 23,281
rules adopted under division (B)(1)(a) of this section, any 23,282
threshold quantity established in rules adopted under division 23,283
(B)(1)(b) of this section, nor OR any reportable quantity 23,284
established in rules adopted under division (B)(1)(c) of this 23,285
section. 23,286
If, after the commission has adopted rules under this 23,288
division (C)(5) OF THIS SECTION identifying or listing an 23,289
extremely hazardous substance, hazardous chemical, or hazardous 23,291
substance, the administrator of the United States environmental 23,292
protection agency identifies or lists the substance or chemical 23,293
as an extremely hazardous substance or hazardous chemical under 23,294
the "Emergency Planning and Community Right-To-Know Act of 1986," 23,295
100 Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a 23,296
substance as a hazardous substance under the "Comprehensive 23,297
Environmental Response, Compensation, and Liability Act of 1980," 23,298
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, the commission shall 23,299
rescind its rules adopted under DIVISION (C)(5) OF this section 23,300
pertaining to the substance or chemical and adopt the appropriate 23,302
rules under division (B)(1)(a), (b), or (c) of this section. 23,303
543
(6) From time to time, request the director of 23,305
environmental protection and the deputy EXECUTIVE director of the 23,307
emergency management agency to review implementation, 23,308
administration, and enforcement of the chemical emergency 23,309
response planning and reporting programs created by this chapter 23,310
and rules adopted under it regarding their effectiveness in 23,311
preparing for response to releases of extremely hazardous 23,312
substances, hazardous chemicals, and hazardous substances. After 23,313
completion of any such review, the director of environmental 23,314
protection and the director of public safety shall report their 23,316
findings to the commission. Upon receipt of their findings, the 23,318
commission may make such recommendations for legislative and 23,319
administrative action as the commission finds necessary or 23,320
appropriate to promote achievement of the purposes of this 23,321
chapter.
(D) Except as provided in section 3750.06 of the Revised 23,323
Code, nothing in this chapter applies to the transportation, 23,324
including the storage incident to transportation, of any 23,325
substance or chemical subject to the requirements of this 23,326
chapter, including the transportation and distribution of natural 23,327
gas. 23,328
(E) This chapter authorizes the state, through the 23,330
emergency response commission, the department of public safety, 23,332
and THE environmental protection agency, to establish and 23,333
maintain chemical emergency response planning and preparedness, 23,334
community right-to-know, and hazardous substance and extremely 23,335
hazardous substance release reporting programs that are 23,336
consistent with and equivalent in scope, coverage, and content to 23,337
the "Emergency Planning and Community Right-To-Know Act of 1986," 23,338
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 23,340
it, except as otherwise specifically required or authorized in 23,341
this chapter. The commission, department, and agencies may do 23,343
all things necessary, incidental, or appropriate to implement, 23,344
administer, and enforce this chapter and to perform the duties 23,345
544
and exercise the powers of the state emergency response 23,346
commission under that act and regulations adopted under it and 23,347
under this chapter.
Sec. 3753.03. (A) Effective upon the date that the United 23,357
States environmental protection agency delegates the program 23,358
created under section 112(r) of the Clean Air Act Amendments to 23,359
the environmental protection agency of this state, an owner or 23,360
operator of a stationary source that has a covered process shall 23,361
develop and submit a risk management plan no later than the 23,362
latest of the following:
(1) June 21, 1999 NOT LATER THAN TEN DAYS AFTER THE NOTICE 23,364
OF DELEGATION OF THE PROGRAM TO THE STATE APPEARS IN THE FEDERAL 23,365
REGISTER, OR TEN DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, 23,366
WHICHEVER OCCURS LATER; 23,367
(2) The date on which a regulated substance is first 23,369
present above a threshold quantity in a process at the stationary 23,370
source;
(3) Three years after the date on which a regulated 23,372
substance at the stationary source is first listed under 40 23,373
C.F.R. 68.130. 23,374
(B) An owner or operator who is subject to division (A) of 23,378
this section shall submit a single risk management plan that 23,379
reflects all covered processes at the stationary source by the 23,380
applicable deadline established under that division and that is 23,381
in the form required by the director of environmental protection 23,382
in rules adopted under section 3753.02 of the Revised Code. The 23,383
risk management plan shall include all of the following, as 23,384
applicable:
(1) A registration that reflects all covered processes at 23,387
the stationary source pursuant to 40 C.F.R. 68.160; 23,388
(2) The applicable information required to be submitted 23,391
with the plan under section 3753.04 of the Revised Code; 23,392
(3) A summary of the actions taken to comply with all of 23,395
the other applicable requirements established under section
545
3753.04 of the Revised Code. 23,396
(C) An owner or operator who has submitted a risk 23,399
management plan as required by division (A) of this section or 23,400
submitted an update to a risk management plan under division (C) 23,402
of this section shall revise, update, and submit the risk 23,403
management plan in accordance with whichever of the following is 23,404
applicable:
(1) Not later than five years after the initial submission 23,407
of the risk management plan under division (A) of this section; 23,409
(2) Not later than five years after the most recent update 23,412
of the risk management plan submitted under division (C) of this 23,413
section;
(3) As otherwise provided in rules adopted by the director 23,416
under section 3753.02 of the Revised Code. 23,417
(D) No owner or operator who is required to submit, 23,420
revise, or update a risk management plan shall fail to do so 23,421
within the prescribed time.
(E) An owner or operator who is required to submit a risk 23,424
management plan and who knowingly makes a false statement in the 23,425
plan, on a record upon which information in the plan is based, or 23,426
on or pertaining to any other information or records required to 23,427
be maintained under this chapter or rules adopted under it is 23,428
guilty of falsification under section 2921.13 of the Revised 23,430
Code.
Sec. 3753.05. (A) Except as provided in division (G) of 23,439
this section, an owner or operator who is required to submit a 23,441
risk management plan under this chapter shall pay annually to the
environmental protection agency a fee of fifty dollars together 23,442
with any of the following applicable fees: 23,443
(1) A fee of sixty-five dollars if a covered process in 23,445
the stationary source includes propane and propane is the only 23,446
regulated substance at the stationary source over the threshold 23,447
quantity; 23,448
(2) A fee of sixty-five dollars if a covered process in 23,450
546
the stationary source includes anhydrous ammonia that is sold for 23,452
use as an agricultural nutrient and is on-site over the threshold 23,453
quantity;
(3) A fee of two hundred dollars for each regulated 23,455
substance over the threshold quantity. Propane shall be 23,456
considered a regulated substance subject to the fee levied under 23,457
division (A)(3) of this section only if it is not the only 23,459
regulated substance over the threshold quantity. Anhydrous 23,460
ammonia shall be considered a regulated substance subject to the 23,461
fee levied under division (A)(3) of this section only if it is 23,463
not sold for use as an agricultural nutrient.
(B) In accordance with rules adopted under section 3753.02 23,466
of the Revised Code, the fees assessed under division (A) of this 23,469
section shall be collected for the year 1999 no later than June 23,471
21, 1999 TEN DAYS AFTER THE NOTICE OF DELEGATION OF THE RISK
MANAGEMENT PROGRAM TO THE STATE APPEARS IN THE FEDERAL REGISTER, 23,472
OR TEN DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, WHICHEVER 23,473
OCCURS LATER. Thereafter, the fees shall be collected no later 23,475
than the first day of September of each year. The fees assessed 23,477
under division (A) of this section for a stationary source shall 23,479
be based upon the regulated substances present over the threshold 23,480
quantity identified in the risk management plan on file for 23,481
calendar year 1999 as of the twenty-first day of June and for 23,482
each subsequent calendar year as of the first day of September. 23,483
(C) An owner or operator who is required to submit a risk 23,487
management plan under this chapter and who fails to submit such a 23,488
plan within thirty days after the applicable filing date 23,489
prescribed in section 3753.03 of the Revised Code shall submit 23,490
with the risk management plan a late filing fee of three per cent 23,491
of the total fees due under division (A) of this section. 23,493
(D) The director of environmental protection may establish 23,496
fees to be paid by persons, other than public officers or 23,497
employees, to cover the costs of obtaining copies of documents or 23,498
information submitted to the director under this chapter and 23,499
547
rules adopted under it. The director shall not charge more than
the actual cost of making and delivering such copies or of 23,500
accessing any computerized data base established or used for the 23,502
purposes of assisting in the administration of this chapter. 23,503
(E) All moneys received by the agency under divisions (A), 23,506
(C), and (D) of this section shall be transmitted to the 23,508
treasurer of state to be credited to the risk management plan 23,509
reporting fund, which is hereby created in the state treasury. 23,510
The fund shall be administered by the director and used 23,511
exclusively for the administration and enforcement of this 23,512
chapter and rules adopted under it. 23,513
(F) Beginning in fiscal year 2001, and every two years 23,516
thereafter, the director shall review the total amount of moneys 23,517
in the risk management plan reporting fund to determine if that 23,519
amount exceeds seven hundred fifty thousand dollars in either of 23,520
the two preceding fiscal years. If the total amount of moneys in 23,521
the fund exceeded seven hundred fifty thousand dollars in either 23,522
fiscal year, the director, after review of the fee structure and 23,524
consultation with affected persons, shall issue an order reducing 23,525
the amount of the fees levied under division (A) of this section 23,527
so that the estimated amount of moneys resulting from the fees 23,528
will not exceed seven hundred fifty thousand dollars in any 23,529
fiscal year.
If, upon review of the fees under this division and after 23,531
the fees have been reduced, the director determines that the 23,533
total amount of moneys collected and accumulated is less than 23,534
seven hundred fifty thousand dollars, the director, after review 23,535
of the fee structure and consultation with affected persons, may 23,536
issue an order increasing the amount of the fees levied under 23,537
division (A) of this section so that the estimated amount of 23,539
moneys resulting from the fees will be approximately seven 23,540
hundred fifty thousand dollars. Fees shall never be increased to 23,541
an amount exceeding the amount specified in division (A) of this 23,542
section.
548
Notwithstanding section 119.06 of the Revised Code, the 23,545
director may issue an order under this division without the 23,546
necessity to hold an adjudicatory hearing in connection with the 23,547
order. The issuance of an order under this division is not an 23,548
act or action for purposes of section 3745.04 of the Revised 23,550
Code.
(G) This section does not apply to the owner or operator 23,552
of a business that employs one hundred or fewer individuals and 23,553
is a small business concern as defined in the "Small Business 23,555
Act," 72 Stat. 384 (1958), 15 U.S.C.A. 632, as amended. 23,556
Sec. 3769.20. (A) To encourage the renovation of existing 23,565
racing facilities for the benefit of the public, breeders, and 23,566
horse owners, and to increase the revenue to the state from the 23,567
increase in pari-mutuel wagering resulting from such improvement, 23,568
the taxes paid by a permit holder to the state, in excess of the 23,569
amount paid to the PASSPORT fund, shall be reduced by one per 23,571
cent of the total amount wagered for those permit holders who 23,572
carry out a "major capital improvement project," as defined in 23,573
this section. The percentage of the reduction that may be taken 23,575
each racing day shall equal seventy-five per cent of the tax 23,576
levied under divisions (B) and (C) of section 3769.08, section 23,577
3769.087, and division (F)(2) of section 3769.26 of the Revised 23,578
Code, as applicable, divided by the calculated amount each fund 23,579
should receive under divisions (B) and (C) of section 3769.08,
section 3769.087, and division (F)(2) of section 3769.26 of the 23,580
Revised Code and the reduction provided for in this section. If 23,582
the resulting percentage is less than one, that percentage shall
be multiplied by the amount of the reduction provided for in this 23,583
section. Otherwise, the permit holder shall receive the full 23,584
reduction provided for in this section. The amount of the 23,585
allowable reduction not received shall be carried forward and 23,586
added to any other reduction balance and applied against future 23,587
tax liability. After any reductions expire, any reduction
carried forward shall be treated as a reduction as provided for 23,588
549
in this section. If the amount of allowable abatement exceeds 23,589
the amount of taxes derived from a permit holder, the amount of 23,591
the allowable abatement not used may be carried forward and 23,592
applied against future tax liability. If more than one permit 23,593
holder is authorized to conduct racing at the facility which THAT 23,594
is being improved, the cost of the major capital improvement 23,596
project shall be allocated between or among all the permit 23,597
holders in the ratio that each permit holder's number of racing 23,598
days bears to the total number of racing days conducted at the 23,599
facility. Such reduction shall start from the day racing is 23,600
first conducted following the date on which the major capital 23,601
improvement project is completed and the construction cost has 23,602
been certified by the state racing commission, except as 23,603
otherwise provided in division (B)(E) of this section, and shall 23,605
continue until the total tax reduction equals the cost of the 23,606
major capital improvement project plus debt service applicable to 23,607
the project. In no event, however, shall any tax reduction, 23,608
excluding any reduction balances, be permitted under this section 23,609
after December 31, 2004 2014. The total tax reduction because of 23,611
the major capital improvement project shall not during any one 23,612
year exceed for all permit holders using any one track, one per 23,614
cent of the total amount wagered. The commission shall notify 23,615
the tax commissioner when the diminution of tax begins and when 23,616
it ends.
(B) Each fiscal year, the commission shall submit a report 23,618
to the tax commissioner, the office of budget and management, and 23,619
the legislative budget office of the legislative service 23,620
commission. The report shall identify each capital improvement 23,621
project undertaken under this section and in progress at each 23,622
race track, indicate the total cost of each such project, state 23,623
the tax reduction that resulted from each such project during the 23,624
immediately preceding fiscal year, estimate the tax reduction 23,625
that will result from each such project during the current fiscal 23,626
year, state the total tax reduction that resulted from all such 23,627
550
projects at all race tracks during the immediately preceding 23,628
fiscal year, and estimate the total tax reduction that will 23,629
result from all such projects at all race tracks during the 23,630
current fiscal year. 23,631
(C) The tax reduction granted pursuant to this section 23,633
shall be in addition to any tax reductions for capital 23,634
improvements and new tracks provided for in section 3769.08 of 23,635
the Revised Code and approved by the racing commission prior to 23,636
March 29, 1988.
(D) In order to qualify for the reduction in tax, a permit 23,638
holder shall apply to the commission in such form as the 23,639
commission may require and shall provide full details of the 23,640
major capital improvement project, including plans and 23,641
specifications, a schedule for the project's construction and 23,642
completion, and a breakdown of proposed costs. In addition, the 23,643
permit holder shall have commenced construction of the major 23,644
capital improvement project or shall have had the application for 23,645
the project approved by the racing commission prior to March 29, 23,646
1988. The commission shall not approve an application unless the 23,647
permit holder shows that a contract for the major capital 23,648
improvement project has been let under an unrestricted 23,649
competitive bidding procedure, unless the contract is exempted by 23,650
the controlling board because of its unusual nature. In 23,651
determining whether to approve an application, the commission 23,652
shall consider whether the major capital improvement project will 23,653
promote the safety, convenience, and comfort of the racing public 23,654
and horse owners and generally tend toward the improvement of 23,655
racing in this state. 23,656
(B)(E) If the major capital improvement project is 23,658
approved by the commission and construction has started, the tax 23,659
adjustment may be authorized by the commission upon presentation 23,660
of copies of paid bills in excess of five hundred thousand 23,661
dollars. After the initial authorization, the permit holder 23,662
shall present copies of paid bills in the amount of not less than 23,663
551
five hundred thousand dollars. If the permit holder is in 23,664
substantial compliance with the schedule for construction and 23,665
completion of the major capital improvement project, the 23,666
commission may authorize the continuance of the tax adjustment 23,667
upon the presentation of such additional paid bills in increments 23,668
of five hundred thousand dollars. The commission may terminate 23,669
the tax adjustment if a permit holder fails to complete the major 23,670
capital improvement project, or fails to comply substantially 23,671
with the schedule for construction and completion of the major 23,672
capital improvement project. If the time for completion of the 23,673
major capital improvement project is delayed by acts of God, 23,674
strikes, or the unavailability of labor or materials, the time 23,675
for completion as set forth in the schedule shall be extended by 23,676
the period of such THE delay. If a permit holder fails to 23,677
complete the major capital improvement project, the commission 23,679
shall order the permit holder to repay to the state the total 23,680
amount of tax reduced, unless the permit holder has spent at 23,681
least six million dollars on the project. The normal tax paid by 23,682
the permit holder under section 3769.08 of the Revised Code shall 23,683
be increased by one per cent of the total amount wagered until 23,684
the total amount of the additional tax collected equals the total 23,685
amount of tax reduced. Any action taken by the commission 23,686
pursuant to this section in terminating the tax adjustment or 23,687
requiring repayment of the amount of tax reduced shall be subject 23,688
to Chapter 119. of the Revised Code. 23,689
(F) As used in this section, "major capital improvement 23,691
project" means the renovation, reconstruction, or remodeling, 23,692
costing at least six million dollars, of a race track facility, 23,693
including, but not limited to, the construction of barns used 23,694
exclusively for such THAT race track facility, backstretch 23,695
facilities for horsemen, paddock facilities, pari-mutuel and 23,697
totalizator equipment and appurtenances to that equipment 23,698
purchased by the track, new access roads, new parking areas, the 23,699
complete reconstruction, reshaping, and leveling of the race 23,700
552
track and appurtenances, grandstand enclosure, installation of 23,701
permanent new heating or air conditioning, roof replacement, and 23,702
installations of a permanent nature forming a part of the track 23,703
structure. 23,704
(G) The cost and expenses to which the tax reduction 23,706
GRANTED UNDER THIS SECTION applies shall be determined by 23,708
generally accepted accounting principles and be verified by an 23,709
audit of the permit holder's records, upon completion of the 23,710
major capital improvement project, either by the commission or by 23,711
an independent certified public accountant selected by the permit 23,712
holder and approved by the commission.
(H) THIS SECTION AND SECTION 3769.201 OF THE REVISED CODE 23,715
GOVERN ANY TAX REDUCTION GRANTED TO A PERMIT HOLDER FOR THE COST
TO THE PERMIT HOLDER OF ANY CLEANUP, REPAIR, OR IMPROVEMENT 23,716
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE 1997 OHIO RIVER 23,717
FLOOD TO THE PLACE, TRACK, OR ENCLOSURE FOR WHICH THE PERMIT IS 23,718
ISSUED.
Sec. 3769.201. THE HOLDER OF A PERMIT ISSUED UNDER SECTION 23,721
3769.06 OF THE REVISED CODE MAY APPLY TO THE STATE RACING 23,722
COMMISSION FOR THE TAX REDUCTION AVAILABLE UNDER SECTION 3769.20 23,723
OF THE REVISED CODE FOR THE COST TO THE PERMIT HOLDER OF ANY 23,724
CLEANUP, REPAIR, OR IMPROVEMENT REQUIRED AS A RESULT OF DAMAGE 23,725
CAUSED BY THE 1997 OHIO RIVER FLOOD TO THE PLACE, TRACK, OR 23,726
ENCLOSURE FOR WHICH THE PERMIT IS ISSUED. AS PART OF THE 23,727
APPLICATION, THE PERMIT HOLDER SHALL SUBMIT EVIDENCE OF PAYMENT
OF THE COST OF THE CLEANUP, REPAIR, OR IMPROVEMENT. THE 23,728
COMMISSION SHALL APPROVE THE TAX REDUCTION IN THE AMOUNT OF THE 23,729
COST TO THE PERMIT HOLDER, NET OF ANY INSURANCE PROCEEDS, OF ANY 23,730
CLEANUP, REPAIR, OR IMPROVEMENT THE COMMISSION DETERMINES WAS 23,731
REQUIRED AS A RESULT OF DAMAGE CAUSED BY THE FLOOD. THE PERMIT 23,732
HOLDER NEED NOT HAVE FOLLOWED UNRESTRICTED COMPETITIVE BIDDING
PROCEDURES AS REQUIRED UNDER SECTION 3769.20 OF THE REVISED CODE 23,734
TO QUALIFY FOR THE REDUCTION UNDER THIS SECTION.
THE PERMIT HOLDER SHALL CLAIM THE TAX REDUCTION UNDER THIS 23,736
553
SECTION IN THE SAME MANNER AS IF IT WERE A TAX REDUCTION FOR A 23,737
MAJOR CAPITAL IMPROVEMENT PROJECT UNDER SECTION 3769.20 OF THE 23,739
REVISED CODE. THE PERCENTAGE OF THE REDUCTION THAT MAY BE TAKEN 23,740
EACH RACING DAY SHALL EQUAL THE PERCENTAGE ALLOWED FOR A 23,741
REDUCTION UNDER SECTION 3769.20 OF THE REVISED CODE. A REDUCTION 23,742
UNDER THIS SECTION SHALL BE IN ADDITION TO, AND SHALL BE TAKEN
AFTER COMPLETION OF, A REDUCTION APPROVED UNDER SECTION 3769.20 23,743
OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. A PERMIT 23,745
HOLDER SHALL NOT TAKE A REDUCTION UNDER THIS SECTION FOR A REPAIR
OR IMPROVEMENT FOR WHICH A REDUCTION IS TAKEN UNDER SECTION 23,746
3769.20 OR DIVISION (J) OF SECTION 3769.08 OF THE REVISED CODE. 23,747
Sec. 3793.08. The department of alcohol and drug addiction 23,756
services shall submit an annual report to the governor, which 23,757
shall include all of the following: 23,758
(A) A statement of the number of people served by alcohol 23,760
and drug addiction programs that receive funds distributed by the 23,761
department, with a breakdown into categories including age, sex, 23,762
race, THE TYPE OF DRUG TO WHICH THE PERSON IS ADDICTED, and any 23,763
other categories the director of alcohol and drug addiction 23,764
services considers significant;
(B) A report measuring the success of alcohol and drug 23,766
addiction programs, based on the use of measures for 23,767
accountability developed by the department, INCLUDING THE 23,768
PERCENTAGE OF PEOPLE SERVED BY SUCH PROGRAMS WHO HAVE NOT 23,769
RELAPSED;
(C) Any other information that the director considers 23,771
significant or is requested by the governor. 23,772
Sec. 3793.10. A drivers' intervention program may be used 23,781
as an alternative to a term of imprisonment for an offender 23,782
sentenced pursuant to division (A)(1) of section 4511.99 of the 23,783
Revised Code, if it is certified by the director of alcohol and 23,784
drug addiction services pursuant to this section. No drivers' 23,785
intervention program shall be used as an alternative to a term of 23,786
imprisonment that is imposed pursuant to division (A)(2), (3), or 23,788
554
(4) of section 4511.99 of the Revised Code.
To qualify for certification by the director and to receive 23,790
funds from the drivers' STATEWIDE treatment and intervention 23,792
PREVENTION fund created by division (L) of section 4511.191 23,793
4301.30 of the Revised Code in any amounts and at any times that 23,795
the director determines are appropriate, a drivers' intervention 23,796
program shall meet state minimum standards that the director 23,797
shall establish by rule. The rules shall include, but are not 23,798
limited to, standards governing program course hours and content, 23,799
qualifications of program personnel, methods of identifying and 23,800
testing participants to isolate participants with alcohol and 23,801
drug abuse problems, referral of such persons to alcohol and drug 23,802
addiction programs, the prompt notification of courts by program 23,803
operators of the completion of the programs by persons required 23,804
by courts to attend them, and record keeping, including methods 23,805
of tracking participants for a reasonable time after they have 23,806
left the program. 23,807
The director shall issue a certificate to any qualified 23,809
drivers' intervention program. The certificate shall be IS valid 23,811
for three years.
Sec. 3793.12. (A) The department of alcohol and drug 23,820
addiction services shall collect and compile statistics and other 23,821
information on the care, treatment, and rehabilitation of 23,822
alcoholics, drug dependent persons, and persons in danger of drug 23,823
dependence in this state, including, without limitation, 23,824
information on the number of such persons, the type of drug 23,825
involved, the type of care, treatment, or rehabilitation 23,826
prescribed or undertaken, and the success or failure of the care, 23,827
treatment, or rehabilitation. 23,828
(B) No alcohol or drug addiction program shall fail to 23,830
supply statistics and other information within its knowledge and 23,831
with respect to its programs, upon request of the department. 23,832
(C) Communications by a person seeking aid in good faith 23,834
for alcoholism or drug dependence ARE confidential, and this 23,835
555
section does not require the collection or permit the disclosure 23,836
of information which reveals or comprises the identity of any 23,837
person seeking aid. 23,838
(D) BASED ON THE INFORMATION COLLECTED AND COMPILED UNDER 23,840
DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A 23,841
PROJECT TO ASSESS THE OUTCOMES OF PERSONS SERVED BY ALCOHOL AND 23,842
DRUG ADDICTION PROGRAMS THAT RECEIVE FUNDS DISTRIBUTED BY THE 23,843
DEPARTMENT.
Sec. 3901.02. The superintendent of insurance may appoint 23,852
such employees as the prompt dispatch of business requires, 23,854
including skilled and competent persons to examine and report on 23,855
the business and affairs of insurance companies. 23,856
THE SUPERINTENDENT MAY HIRE AN ADMINISTRATOR OF FINANCIAL 23,858
REGULATION SERVICES AS AN EMPLOYEE IN THE UNCLASSIFIED CIVIL 23,859
SERVICE. THE SUPERINTENDENT SHALL FIX THE COMPENSATION OF THE 23,860
ADMINISTRATOR OF FINANCIAL REGULATION SERVICES. 23,861
The superintendent may hire actuaries as employees in the 23,863
unclassified civil service. The superintendent shall fix the 23,864
compensation of these actuaries, who shall be fellows of either 23,865
the casualty actuarial society or the society of actuaries. 23,866
All persons now employed in the division of insurance in 23,868
the classified civil service are transferred to the department of 23,869
insurance in their respective classifications subject to 23,870
reassignment as the superintendent of insurance may determine to 23,871
be in the interest of efficient administration.
Sec. 4105.17. (A) The fee for any inspection, OR 23,880
ATTEMPTED INSPECTION THAT, DUE TO NO FAULT OF A GENERAL INSPECTOR 23,881
OR THE DIVISION OF INDUSTRIAL COMPLIANCE, IS NOT SUCCESSFULLY 23,882
COMPLETED, by a general inspector of an elevator required to be 23,883
inspected under this chapter is thirty dollars plus five dollars 23,884
for each floor where the elevator stops. THE SUPERINTENDENT OF 23,885
THE DIVISION OF INDUSTRIAL COMPLIANCE MAY ASSESS A FEE OF THIRTY 23,886
DOLLARS PLUS FIVE DOLLARS FOR EACH FLOOR WHERE AN ELEVATOR STOPS 23,887
FOR THE REINSPECTION OF AN ELEVATOR WHEN A PREVIOUS ATTEMPT TO 23,888
556
INSPECT THAT ELEVATOR HAS BEEN UNSUCCESSFUL THROUGH NO FAULT OF A
GENERAL INSPECTOR OR THE DIVISION OF INDUSTRIAL COMPLIANCE. The 23,889
fee for issuing or renewing a certificate of operation under 23,891
section 4105.15 of the Revised Code is thirty-five dollars. 23,892
(B) All other fees to be charged for any examination given 23,894
or other service performed by the division of industrial 23,895
compliance pursuant to this chapter shall be prescribed by the 23,897
board of building standards established by section 3781.07 of the 23,898
Revised Code. The fees shall be reasonably related to the costs 23,899
of such examination or other service. 23,900
(C) The board of building standards, subject to the 23,902
approval of the controlling board, may establish fees in excess 23,903
of the fees provided in division (A) of this section, provided 23,904
that the fees do not exceed the amounts established in division 23,905
(A) of this section by more than fifty per cent. Any moneys 23,906
collected under this section shall be paid into the state 23,907
treasury to the credit of the industrial compliance operating 23,909
fund created in section 121.084 of the Revised Code. 23,910
(D) Any person who fails to pay an inspection fee required 23,912
for any inspection conducted by the division pursuant to this 23,914
chapter within forty-five days after the inspection is conducted 23,915
shall pay a late payment fee equal to twenty-five per cent of the 23,916
inspection fee. 23,917
(E) In addition to the fee assessed in division (A) of 23,919
this section, the board of building standards shall assess a fee 23,920
of three dollars and twenty-five cents for each certificate of 23,921
operation or renewal thereof issued under division (A) of this 23,922
section and for each permit issued under section 4105.16 of the 23,923
Revised Code. The board shall adopt rules, in accordance with 23,924
Chapter 119. of the Revised Code, specifying the manner by which 23,925
the superintendent of the division of industrial compliance shall 23,927
collect and remit to the board the fees assessed under this 23,929
division and requiring that remittance of the fees be made at 23,930
least quarterly.
557
Sec. 4112.12. (A) There is hereby created the commission 23,939
on African-American males, which shall consist of not more than 23,940
forty-one members as follows: the directors or their designees 23,941
of the departments of health, development, alcohol and drug 23,942
addiction services, human services, rehabilitation and 23,943
correction, mental health, and youth services; the administrator 23,944
or his THE ADMINISTRATOR'S designee of the bureau of employment 23,945
services; the adjutant general or his THE ADJUTANT GENERAL'S 23,947
designee; the equal employment opportunity officer of the 23,948
department of administrative services or his THE EQUAL EMPLOYMENT 23,950
OPPORTUNITY OFFICER'S designee; the executive director or his THE 23,951
EXECUTIVE DIRECTOR'S designee of the Ohio civil rights 23,952
commission; the director or his THE DIRECTOR'S designee of the 23,954
office of criminal justice services; the superintendent of public 23,955
instruction; the chancellor or his THE CHANCELLOR'S designee of 23,956
the Ohio board of regents; two members of the house of 23,958
representatives appointed by the speaker of the house of 23,959
representatives; three members of the senate appointed by the 23,960
president of the senate; and not more than twenty-two members 23,961
appointed by the governor. The members appointed by the governor 23,962
shall include at least one representative of each of the 23,963
following: the national association for the advancement of 23,964
colored people; the urban league; an organization representing 23,965
black elected officials; an organization representing black 23,966
attorneys; the black religious community; the black business 23,967
community; the nonminority business community; AND organized 23,968
labor; and at least one black medical doctor, one black elected 23,969
member of a school board, AND one black educator,; and at least 23,970
two representatives of local private industry councils. The 23,971
remaining members that may be appointed by the governor shall be 23,972
selected from elected officials, civic and community leaders, and 23,973
representatives of the employment, criminal justice, education, 23,974
and health communities.
(B) Initial members of the commission shall be those 23,976
558
members serving on the governor's commission on socially 23,977
disadvantaged black males on June 30, 1991, in accordance with 23,978
executive orders 89-9 and 90-34. In the event that a member of 23,979
the general assembly serving on the commission on that date 23,980
pursuant to executive orders 89-9 and 90-34 is no longer a member 23,981
of the general assembly, the speaker of the house of 23,982
representatives or the president of the senate, as appropriate, 23,983
shall appoint a new member in accordance with division (A) of 23,984
this section. Of the initial members who are governor's 23,985
appointees, the governor shall designate seven who shall serve 23,986
terms ending June 30, 1993, seven who shall serve terms ending 23,987
June 30, 1994, and eight who shall serve terms ending June 30, 23,988
1995. Thereafter, terms TERMS of office shall be for three 23,989
years, with each term ending on the same day of the same month as 23,991
did the term that it succeeds. Each member shall hold office 23,992
from the date of his appointment until the end of the term for 23,993
which he THE MEMBER was appointed. Members may be reappointed. 23,994
Vacancies shall be filled in the manner provided for original 23,995
appointments. Any member appointed to fill a vacancy occurring 23,996
prior to the expiration date of the term for which his THE 23,997
MEMBER'S predecessor was appointed shall hold office as a member 23,998
for the remainder of that term. A member shall continue in 23,999
office subsequent to the expiration date of his THE MEMBER'S term 24,000
until his THE MEMBER'S successor takes office or until a period 24,002
of sixty days has elapsed, whichever occurs first.
The chairman of the governor's commission on socially 24,005
disadvantaged black males serving on June 30, 1991, shall serve
as chairman of the commission on African-American males until 24,007
June 30, 1993. Thereafter, the commission annually shall elect a 24,008
chairman CHAIRPERSON from among its members. 24,009
(C) Members of the commission and members of subcommittees 24,011
appointed under division (B) of section 4112.13 of the Revised 24,012
Code shall not be compensated, but shall be reimbursed for their 24,013
necessary and actual expenses incurred in the performance of 24,014
559
their official duties. 24,015
(D)(1) The Ohio civil rights commission shall oversee and 24,017
coordinate the activities of the commission SERVE AS THE 24,019
COMMISSION ON AFRICAN-AMERICAN MALES' FISCAL AGENT AND SHALL 24,021
PERFORM ALL OF THE FOLLOWING SERVICES:
(a) PREPARE AND PROCESS PAYROLL AND OTHER PERSONNEL 24,023
DOCUMENTS THAT THE COMMISSION ON AFRICAN-AMERICAN MALES APPROVES; 24,024
(b) MAINTAIN LEDGERS OF ACCOUNTS AND REPORTS OF ACCOUNT 24,026
BALANCES, AND MONITOR BUDGETS AND ALLOTMENT PLANS IN CONSULTATION 24,027
WITH THE COMMISSION ON AFRICAN-AMERICAN MALES; 24,028
(c) PERFORM OTHER ROUTINE SUPPORT SERVICES THAT THE 24,030
EXECUTIVE DIRECTOR OF THE OHIO CIVIL RIGHTS COMMISSION OR THE 24,032
EXECUTIVE DIRECTOR'S DESIGNEE AND THE COMMISSION ON 24,033
AFRICAN-AMERICAN MALES OR ITS DESIGNEE CONSIDER APPROPRIATE TO 24,035
ACHIEVE EFFICIENCY.
(2) THE OHIO CIVIL RIGHTS COMMISSION SHALL NOT APPROVE ANY 24,037
PAYROLL OR OTHER PERSONNEL-RELATED DOCUMENTS OR ANY BIENNIAL 24,038
BUDGET, GRANT, EXPENDITURE, AUDIT, OR FISCAL-RELATED DOCUMENT 24,039
WITHOUT THE ADVICE AND CONSENT OF THE COMMISSION ON 24,041
AFRICAN-AMERICAN MALES. 24,042
(3) THE OHIO CIVIL RIGHTS COMMISSION SHALL DETERMINE FEES 24,044
TO BE CHARGED TO THE COMMISSION ON AFRICAN-AMERICAN MALES FOR 24,045
SERVICES PERFORMED UNDER THIS DIVISION, WHICH SHALL BE IN 24,046
PROPORTION TO THE SERVICES PERFORMED FOR THE COMMISSION ON 24,047
AFRICAN-AMERICAN MALES. 24,048
(4) THE COMMISSION ON AFRICAN-AMERICAN MALES OR ITS 24,050
DESIGNEE HAS: 24,052
(a) SOLE AUTHORITY TO DRAW FUNDS FOR ANY FEDERAL PROGRAM 24,055
IN WHICH THE COMMISSION IS AUTHORIZED TO PARTICIPATE; 24,056
(b) SOLE AUTHORITY TO EXPEND FUNDS FROM ACCOUNTS FOR 24,058
PROGRAMS AND ANY OTHER NECESSARY EXPENSES THE COMMISSION ON 24,060
AFRICAN-AMERICAN MALES MAY INCUR; 24,061
(c) THE DUTY TO COOPERATE WITH THE OHIO CIVIL RIGHTS 24,063
COMMISSION TO ENSURE THAT THE OHIO CIVIL RIGHTS COMMISSION IS 24,065
560
FULLY APPRISED OF ALL FINANCIAL TRANSACTIONS. 24,066
(E) THE COMMISSION ON AFRICAN-AMERICAN MALES SHALL APPOINT 24,070
AN EXECUTIVE DIRECTOR, WHO SHALL BE IN THE UNCLASSIFIED CIVIL 24,071
SERVICE. THE EXECUTIVE DIRECTOR SHALL SUPERVISE THE COMMISSION'S 24,072
ACTIVITIES AND REPORT TO THE COMMISSION ON THE PROGRESS OF THOSE 24,073
ACTIVITIES. THE EXECUTIVE DIRECTOR SHALL DO ALL THINGS NECESSARY 24,074
FOR THE EFFICIENT AND EFFECTIVE IMPLEMENTATION OF THE DUTIES OF 24,075
THE COMMISSION. 24,076
THE RESPONSIBILITIES ASSIGNED TO THE EXECUTIVE DIRECTOR DO 24,078
NOT RELIEVE THE MEMBERS OF THE COMMISSION FROM FINAL 24,079
RESPONSIBILITY FOR THE PROPER PERFORMANCE OF THE REQUIREMENTS OF 24,080
THIS DIVISION.
(F) THE COMMISSION ON AFRICAN-AMERICAN MALES SHALL: 24,083
(1) EMPLOY, PROMOTE, SUPERVISE, AND REMOVE ALL EMPLOYEES, 24,085
AS NEEDED, IN CONNECTION WITH THE PERFORMANCE OF ITS DUTIES UNDER 24,086
THIS SECTION; 24,087
(2) MAINTAIN ITS OFFICE IN COLUMBUS; 24,089
(3) ACQUIRE FACILITIES, EQUIPMENT, AND SUPPLIES NECESSARY 24,091
TO HOUSE THE COMMISSION, ITS EMPLOYEES, AND FILES AND RECORDS 24,092
UNDER ITS CONTROL, AND TO DISCHARGE ANY DUTY IMPOSED UPON IT BY 24,093
LAW. THE EXPENSE OF THESE ACQUISITIONS SHALL BE AUDITED AND PAID 24,094
FOR IN THE SAME MANNER AS OTHER STATE EXPENSES. 24,095
(4) PREPARE AND SUBMIT TO THE OFFICE OF BUDGET AND 24,097
MANAGEMENT A BUDGET FOR EACH BIENNIUM IN ACCORDANCE WITH SECTIONS 24,098
101.55 AND 107.03 OF THE REVISED CODE. THE BUDGET SUBMITTED 24,099
SHALL COVER THE COSTS OF THE COMMISSION AND ITS STAFF IN THE 24,100
DISCHARGE OF ANY DUTY IMPOSED UPON THE COMMISSION BY LAW. THE 24,101
COMMISSION SHALL PAY ITS OWN PAYROLL AND OTHER OPERATING EXPENSES 24,102
FROM APPROPRIATION ITEMS DESIGNATED BY THE GENERAL ASSEMBLY. THE 24,103
COMMISSION SHALL NOT DELEGATE ANY AUTHORITY TO OBLIGATE FUNDS. 24,104
(5) ESTABLISH THE OVERALL POLICY AND MANAGEMENT OF THE 24,106
COMMISSION IN ACCORDANCE WITH THIS CHAPTER; 24,107
(6) FOLLOW ALL STATE PROCUREMENT REQUIREMENTS; 24,109
(7) PAY FEES OWED TO THE OHIO CIVIL RIGHTS COMMISSION 24,111
561
UNDER DIVISION (D) OF THIS SECTION FROM THE COMMISSION ON 24,113
AFRICAN-AMERICAN MALES' GENERAL REVENUE FUND OR FROM ANY OTHER 24,114
FUND FROM WHICH THE OPERATING EXPENSES OF THE COMMISSION ON 24,115
AFRICAN-AMERICAN MALES ARE PAID. ANY AMOUNTS SET ASIDE FOR A 24,117
FISCAL YEAR FOR THE PAYMENT OF SUCH FEES SHALL BE USED ONLY FOR 24,118
THE SERVICES PERFORMED FOR THE COMMISSION ON AFRICAN-AMERICAN 24,119
MALES BY THE OHIO CIVIL RIGHTS COMMISSION IN THAT FISCAL YEAR. 24,121
(G) THE COMMISSION ON AFRICAN-AMERICAN MALES MAY: 24,124
(1) HOLD SESSIONS AT ANY PLACE WITHIN THE STATE; 24,126
(2) ESTABLISH, CHANGE, OR ABOLISH POSITIONS, AND ASSIGN 24,128
AND REASSIGN DUTIES AND RESPONSIBILITIES OF ANY EMPLOYEE OF THE 24,129
COMMISSION ON AFRICAN-AMERICAN MALES AS NECESSARY TO ACHIEVE THE 24,130
MOST EFFICIENT PERFORMANCE OF ITS FUNCTIONS. 24,131
Sec. 4112.15. THERE IS HEREBY CREATED IN THE STATE 24,133
TREASURY THE CIVIL RIGHTS COMMISSION GENERAL REIMBURSEMENT FUND, 24,134
WHICH SHALL BE USED TO PAY OPERATING COSTS OF THE COMMISSION. 24,135
ALL MONEY PAID TO THE COMMISSION FOR COPIES OF COMMISSION 24,136
DOCUMENTS AND FOR OTHER GOODS AND SERVICES FURNISHED BY THE 24,137
COMMISSION SHALL BE CREDITED TO THE FUND. 24,138
Sec. 4115.101. THERE IS HEREBY CREATED THE PREVAILING WAGE 24,140
CUSTODIAL FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF 24,141
STATE BUT SHALL NOT BE PART OF THE STATE TREASURY. THE 24,142
ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES SHALL DEPOSIT 24,143
TO THE FUND ALL MONEY PAID BY EMPLOYERS TO THE ADMINISTRATOR THAT 24,144
ARE HELD IN TRUST FOR EMPLOYEES TO WHOM PREVAILING WAGES ARE DUE
AND OWING. THE ADMINISTRATOR SHALL MAKE DISBURSEMENTS FROM THE 24,145
FUND IN ACCORDANCE WITH THIS CHAPTER TO EMPLOYEES AFFECTED BY 24,146
VIOLATIONS OF THIS CHAPTER.
Sec. 4115.34. (A) If EXCEPT AS OTHERWISE PROVIDED IN 24,155
DIVISION (D) OF THIS SECTION, IF any state agency, political 24,156
subdivision, or instrumentality of the state intends to procure 24,157
any product or service, it shall determine whether the product or 24,159
service is on the procurement list published pursuant to section 24,160
4115.33 of the Revised Code; and it shall PROCURE, in accordance 24,162
562
with rules of the state committee for the purchase of products 24,163
and services provided by persons with severe disabilities, 24,164
procure such THE product or service at the fair market price 24,166
established by the committee from a qualified nonprofit agency 24,168
for persons with severe disabilities, if the product or service 24,169
is on the procurement list and is available within the period 24,170
required by that agency, subdivision, or instrumentality, 24,171
notwithstanding any law requiring the purchase of products and 24,173
services on a competitive bid basis. Sections 4115.31 to 4115.35 24,174
of the Revised Code do not apply if the products or services are 24,175
available for procurement from any state agency, political 24,176
subdivision, or instrumentality of the state and procurement from 24,177
such THAT agency, subdivision, or instrumentality is required 24,178
under any law in effect on August 13, 1976. 24,179
(B) The committee and any state agency, political 24,181
subdivision, or instrumentality of the state may enter into 24,182
contractual agreements, cooperative working relationships, or 24,183
other arrangements determined necessary for effective 24,184
coordination and efficient realization of the objectives of 24,185
sections 4115.31 to 4115.35 of the Revised Code and any other law 24,186
requiring procurement of products or services from any state 24,188
agency, political subdivision, or instrumentality of the state. 24,189
(C) Notwithstanding any other section of the Revised Code, 24,191
or any appropriations act, that may require a state agency, 24,192
political subdivision, or instrumentality of the state to 24,193
purchase supplies, services, or materials by means of a 24,194
competitive bid procedure, state agencies, political 24,195
subdivisions, or instrumentalities of the state need not utilize 24,196
the required bidding procedures if the supplies, services, or 24,197
materials are to be purchased from a qualified nonprofit agency 24,198
pursuant to sections 4115.31 to 4115.35 of the Revised Code. 24,199
(D) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 24,201
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 24,202
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 24,203
563
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 24,204
Sec. 4117.24. THE TRAINING AND PUBLICATIONS FUND IS HEREBY 24,207
CREATED IN THE STATE TREASURY. THE STATE EMPLOYMENT RELATIONS 24,208
BOARD SHALL DEPOSIT INTO THE TRAINING AND PUBLICATIONS FUND ALL 24,209
PAYMENTS RECEIVED BY THE BOARD FOR COPIES OF DOCUMENTS, 24,210
RULEBOOKS, AND OTHER PUBLICATIONS; FEES RECEIVED FROM SEMINAR
PARTICIPANTS; AND RECEIPTS FROM THE SALE OF CLEARINGHOUSE DATA. 24,211
THE STATE EMPLOYMENT RELATIONS BOARD SHALL USE ALL MONEYS 24,212
DEPOSITED INTO THE TRAINING AND PUBLICATIONS FUND TO DEFRAY THE 24,213
COSTS OF FURNISHING AND MAKING AVAILABLE COPIES OF DOCUMENTS, 24,214
RULEBOOKS, AND OTHER PUBLICATIONS; THE COSTS OF PLANNING,
ORGANIZING, AND CONDUCTING TRAINING SEMINARS; AND THE COSTS OF 24,215
COMPILING CLEARINGHOUSE DATA. 24,216
Sec. 4163.07. (A)(1) Prior to transporting any large 24,225
quantity of special nuclear material or by-product material into 24,226
or through the state, the carrier or shipper of the material 24,227
shall notify the deputy EXECUTIVE director of the emergency 24,228
management agency established under section 5502.22 of the 24,229
Revised Code of the shipment. The notice shall be in writing and 24,230
be sent by certified mail and shall include the name of the 24,231
shipper; the name of the carrier; the type and quantity of the 24,232
special nuclear material or by-product material; the 24,233
transportation mode of the shipment; the proposed date and time 24,234
of shipment of the material into or through the state; and the 24,235
starting point, termination or exit point, scheduled route, and 24,236
each alternate route, if any, of the shipment. In order to 24,237
constitute effective notification under division (A)(1) of this 24,238
section, notification shall be received by the deputy EXECUTIVE 24,239
director at least forty-eight hours prior to entry of the 24,242
shipment into the state.
(2) The carrier or shipper of any shipment subject to 24,244
division (A)(1) of this section shall immediately notify the 24,245
deputy EXECUTIVE director of any change in the date and time of 24,247
the shipment or in the route of the shipment into or through the 24,248
564
state.
(B) Upon receipt of a notice of any shipment of a large 24,250
quantity of special nuclear material or by-product material into 24,251
or through the state, the deputy EXECUTIVE director of the 24,252
emergency management agency shall immediately notify the director 24,255
of public safety, the director of environmental protection, the 24,256
chairman CHAIRPERSON of the public utilities commission, and the 24,257
sheriff of each county along the proposed route, or any alternate 24,259
route, of the shipment.
(C) The deputy EXECUTIVE director of the emergency 24,261
management agency shall not disclose to any person other than 24,263
those persons enumerated in division (B) of this section any 24,264
information pertaining to any shipment of special nuclear 24,265
material or by-product material prior to the time that the 24,266
shipment is completed.
(D) This section does not apply to radioactive materials, 24,268
other than by-products, shipped by or for the United States 24,269
department of defense and United States department of energy. 24,270
Nothing in this section shall require REQUIRES the disclosure of 24,272
any defense information or restricted data as defined in the 24,273
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as 24,274
amended.
(E) No person shall transport or cause to be transported 24,276
into or through the state any large quantity of special or 24,277
by-product material without first providing the notice required 24,278
in division (A) of this section. 24,279
Sec. 4301.10. (A) The division of liquor control shall do 24,288
all of the following: 24,289
(1) Control the traffic in beer and intoxicating liquor in 24,291
this state, including the manufacture, importation, and sale of 24,293
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 24,295
distribution, transportation, and sale of beer and intoxicating 24,296
liquor and the sale of alcohol, as authorized or required by this 24,297
565
chapter and Chapter 4303. of the Revised Code; and a certificate 24,298
signed by the superintendent of liquor control to which is 24,300
affixed the official seal of the division stating that it appears 24,301
from the records of the division that no permit has been issued 24,303
to the person specified in the certificate, or that a permit, if 24,304
issued, has been revoked, canceled, or suspended shall be 24,305
received as prima-facie evidence of the facts recited in the 24,306
certificate in any court, or before any officer of this state; 24,308
(3) Put into operation, manage, and control a system of 24,310
state liquor stores for the sale of spirituous liquor at retail 24,311
and to holders of permits authorizing the sale of spirituous 24,312
liquor; however, the division shall not establish any drive-in 24,313
state liquor stores; and by means of those types of stores, and 24,315
any manufacturing plants, distributing and bottling plants, 24,316
warehouses, and other facilities that it considers expedient, 24,317
establish and maintain a state monopoly of the distribution of 24,318
spirituous liquor and its sale in packages or containers; and for 24,319
that purpose manufacture, buy, import, possess, and sell 24,320
spirituous liquors as provided in this chapter and Chapter 4303. 24,321
of the Revised Code, and in the rules promulgated by the 24,322
superintendent of liquor control pursuant to those chapters; 24,323
lease, or in any manner acquire the use of any land or building 24,325
required for any of those purposes; purchase any equipment that 24,326
is required; and borrow money to carry on its business, and 24,327
issue, sign, endorse, and accept notes, checks, and bills of 24,328
exchange; but all obligations of the division created under 24,329
authority of this division shall be a charge only upon the moneys 24,331
received by the division from the sale of spirituous liquor and 24,333
its other business transactions in connection with the sale of 24,334
spirituous liquor, and shall not be general obligations of the 24,336
state;
(4) Enforce the administrative provisions of this chapter 24,338
and Chapter 4303. of the Revised Code, and the rules and orders 24,340
of the liquor control commission and the superintendent relating 24,341
566
to the manufacture, importation, transportation, distribution, 24,342
and sale of beer and intoxicating liquors; and the attorney 24,343
general, any prosecuting attorney, and any prosecuting officer of 24,344
a municipal corporation or a municipal court shall, at the 24,345
request of the division of liquor control or the department of 24,346
public safety, prosecute any person charged with the violation of 24,347
any provision in those chapters or of any section of the Revised 24,349
Code relating to the manufacture, importation, transportation, 24,350
distribution, and sale of beer and intoxicating liquor; 24,351
(5) Determine the locations of all state liquor stores and 24,353
manufacturing, distributing, and bottling plants required in 24,354
connection therewith, subject to this chapter and Chapter 4303. 24,355
of the Revised Code; 24,356
(6) Conduct inspections of liquor permit premises to 24,358
determine compliance with the administrative provisions of this 24,360
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 24,361
Except as otherwise provided in division (A)(6) of this 24,363
section, those inspections may be conducted only during those 24,364
hours in which the permit holder is open for business and only by 24,365
authorized agents or employees of the division or by any peace 24,367
officer, as defined in section 2935.01 of the Revised Code. 24,368
Inspections may be conducted at other hours only to determine 24,369
compliance with laws or commission rules that regulate the hours 24,370
of sale of beer and intoxicating liquor and only if the 24,371
investigator has reasonable cause to believe that those laws or 24,372
rules are being violated. Any inspection conducted pursuant to 24,373
division (A)(6) of this section is subject to all of the 24,374
following requirements:
(a) The only property that may be confiscated is 24,376
contraband, as defined in section 2901.01 of the Revised Code, or 24,378
property that is otherwise necessary for evidentiary purposes. 24,379
(b) A complete inventory of all property confiscated from 24,381
the premises shall be given to the permit holder or the permit 24,382
567
holder's agent or employee by the confiscating agent or officer 24,384
at the conclusion of the inspection. At that time, the inventory 24,385
shall be signed by the confiscating agent or officer and the 24,386
agent or officer shall give the permit holder or the permit 24,387
holder's agent or employee the opportunity to sign the inventory. 24,388
(c) Inspections conducted pursuant to division (A)(6) of 24,390
this section shall be conducted in a reasonable manner. A 24,391
finding by any court of competent jurisdiction that the 24,392
inspection was not conducted in a reasonable manner in accordance 24,393
with this section or any rules promulgated by the commission may 24,394
be considered grounds for suppression of evidence. A finding by 24,395
the liquor control commission that the inspection was not 24,396
conducted in a reasonable manner in accordance with this section 24,397
or any rules promulgated by the commission may be considered 24,398
grounds for dismissal of the commission case. 24,399
If any court of competent jurisdiction finds that property 24,401
confiscated as the result of an administrative inspection is not 24,402
necessary for evidentiary purposes and is not contraband, as 24,403
defined in section 2901.01 of the Revised Code, the court shall 24,405
order the immediate return of the confiscated property, provided 24,406
that property is not otherwise subject to forfeiture, to the 24,407
permit holder. However, the return of this property is not 24,408
grounds for dismissal of the case. The commission likewise may 24,409
order the return of confiscated property if no criminal 24,410
prosecution is pending or anticipated.
(7) Delegate to any of its agents or employees any power 24,412
of investigation that the division possesses with respect to the 24,414
enforcement of any of the administrative laws relating to beer
and intoxicating liquor, provided that this division does not 24,415
authorize the division to designate any agent or employee to 24,417
serve as an enforcement agent. The employment and designation of 24,419
enforcement agents shall be within the exclusive authority of the 24,420
director of public safety pursuant to sections 5502.13 to 5502.19 24,422
of the Revised Code.
568
(8) Except as otherwise provided in division (A)(8) of 24,424
this section, collect the following fees: 24,425
(a) An annual twenty-five-dollar registration fee for each 24,427
representative, registered pursuant to section 4303.25 of the 24,428
Revised Code, of a beer or intoxicating liquor manufacturer doing 24,429
business in this state; 24,430
(b) A fifty-dollar product registration fee for each new 24,432
beer or intoxicating liquor product sold in this state. The 24,433
product registration fee shall be accompanied by a copy of the 24,434
federal label and product approval for the new product. 24,435
(c) An annual three-hundred-dollar out-of-state supplier 24,437
consent-to-import fee from each manufacturer or supplier not 24,438
subject to division (A)(8)(e) of this section, in addition to an 24,440
initial application fee of one hundred dollars; 24,441
(d) An annual twenty-five-dollar registration fee for coil 24,443
cleaners of beer dispensing equipment doing business in this 24,444
state. 24,445
(e) An annual one-hundred-dollar out-of-state 24,447
consent-to-import fee, in addition to an initial application fee 24,448
of one hundred dollars, from any manufacturer or out-of-state 24,449
supplier that produced or shipped into this state in the 24,450
immediately preceding calendar year a total of five hundred or 24,451
fewer cases of seven-hundred-fifty milliliter equivalent of 24,452
intoxicating liquor and twelve-ounce equivalent of beer. 24,453
Each consent-to-import, representative's registration, and 24,455
coil cleaner registration issued under division (A)(8) of this 24,457
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 24,458
the year, ending on the uniform expiration date for each, which 24,459
shall be designated by the division, and is subject to 24,460
suspension, revocation, cancellation, or fine as authorized by 24,461
this chapter and Chapter 4303. of the Revised Code. 24,462
(9) Establish a system of electronic data interchange 24,464
within the division and regulate the electronic transfer of 24,466
569
information and funds among persons and governmental entities 24,467
engaged in the manufacture, distribution, and retail sale of 24,468
alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 24,470
implication conferred upon the division by this chapter and 24,472
Chapter 4303. of the Revised Code, and all powers necessary for
the exercise or discharge of any power, duty, or function 24,473
expressly conferred or imposed upon the division by those 24,475
chapters.
(B) The division may do all of the following: 24,477
(1) Sue, but may be sued only in connection with the 24,479
execution of leases of real estate and the purchases and 24,480
contracts necessary for the operation of the state liquor stores 24,481
that are made under this chapter and Chapter 4303. of the Revised 24,482
Code; 24,483
(2) Enter into leases and contracts of all descriptions 24,485
and acquire and transfer title to personal property with regard 24,487
to the sale, distribution, and storage of spirituous liquor 24,488
within the state;
(3) Terminate at will any lease entered into pursuant to 24,490
division (B)(2) of this section upon first giving ninety days' 24,492
notice in writing to the lessor of its intention to do so; 24,493
(4) Fix the wholesale and retail prices at which the 24,495
various classes, varieties, and brands of spirituous liquor shall 24,496
be sold by the division. Those retail prices shall be the same 24,498
at all state liquor stores, except to the extent that a price 24,499
differential is required to collect a county sales tax levied 24,500
pursuant to section 5739.021 of the Revised Code and for which 24,501
tax the tax commissioner has authorized prepayment pursuant to 24,502
section 5739.05 of the Revised Code. In fixing selling prices, 24,503
the division shall compute an anticipated gross profit at least 24,505
sufficient to provide in each calendar year all costs and
expenses of the division and also an adequate working capital 24,507
reserve for the division. The gross profit shall not exceed 24,509
570
forty per cent of the retail selling price based on costs of the
division, and in addition the sum required by section 4301.12 of 24,511
the Revised Code to be paid into the state treasury. An amount 24,512
equal to one and one-half per cent of that gross profit shall be 24,513
paid into the alcoholism-detoxification centers STATEWIDE 24,514
TREATMENT AND PREVENTION fund created under BY section 4301.30 of 24,515
the Revised Code and be appropriated by the general assembly from 24,516
the fund to the department of alcohol and drug addiction services 24,518
as provided in section 4301.30 of the Revised Code. 24,519
On spirituous liquor manufactured in Ohio from the juice of 24,521
grapes or fruits grown in Ohio, the division shall compute an 24,523
anticipated gross profit of not to exceed ten per cent. The
wholesale prices shall be at a discount of not less than twelve 24,524
and one-half per cent of the retail selling prices as determined 24,525
by the division in accordance with this section. 24,526
(C) The division may approve the expansion or diminution 24,528
of a premises to which a liquor permit has been issued and may 24,529
adopt standards governing such an expansion or diminution. 24,531
Sec. 4301.30. All fees collected by the division of liquor 24,541
control shall be deposited in the state treasury to the credit of 24,542
the undivided liquor permit fund, which is hereby created, at the 24,543
time prescribed under section 4301.12 of the Revised Code. Each 24,544
payment shall be accompanied by a statement showing separately 24,545
the amount collected for each class of permits in each municipal 24,546
corporation and in each township outside the limits of any 24,547
municipal corporation in such township. An amount equal to fifty 24,548
dollars for each fee received for a D-2 permit, which is not 24,549
placed in operation immediately upon a D-3 permit premises, and 24,550
twenty-five dollars for each fee received for a C-2 permit, shall 24,551
be paid from the undivided liquor permit fund into the general 24,552
revenue fund.
Prior to the fees received for a D-2 permit, which is not 24,554
in operation immediately upon a D-3 permit premises, and a C-2 24,555
permit being paid into the general revenue fund, an amount equal 24,556
571
to twenty-one per cent of the undivided liquor permit fund shall 24,557
be paid into the alcoholism-detoxification centers STATEWIDE 24,558
TREATMENT AND PREVENTION fund, which is hereby created in the 24,560
state treasury. Such THIS amount shall be appropriated by the 24,561
general assembly, together with an amount equal to one and 24,562
one-half per cent of the gross profit of the department of liquor 24,563
control derived under division (B)(4) of section 4301.10 of the 24,564
Revised Code, to the department of alcohol and drug addiction 24,565
services. In planning for the allocation of and in allocating 24,566
these amounts for the purposes of Chapter 3793. of the Revised 24,567
Code, the department of alcohol and drug addiction services shall 24,568
comply with the nondiscrimination provisions of Title VI of the 24,569
Civil Rights Act of 1964, and any rules adopted thereunder. 24,570
The moneys remaining in the undivided liquor permit fund 24,572
shall be distributed by the superintendent of liquor control at 24,574
quarterly calendar periods as follows: 24,575
(A) To each municipal corporation, the aggregate amount 24,577
shown by the statements to have been collected from permits 24,578
therein, for the use of the general fund of the municipal 24,579
corporation; 24,580
(B) To each township, the aggregate amount shown by the 24,582
statements to have been collected from permits in its territory, 24,583
outside the limits of any municipal corporation located therein, 24,584
for the use of the general fund of the township, or for fire 24,585
protection purposes, including buildings and equipment in the 24,586
township or in an established fire district within the township, 24,587
to the extent that the funds are derived from liquor permits 24,588
within the territory comprising such fire district. 24,589
For the purpose of the distribution required by this 24,591
section, E, H, and D permits covering boats or vessels are deemed 24,592
to have been issued in the municipal corporation or township 24,593
wherein the owner or operator of the vehicle, boat, vessel, or 24,594
dining car equipment to which the permit relates has the owner's 24,595
or operator's principal office or place of business within the 24,597
572
state.
Such distributions are subject to diminutions for refunds 24,599
as prescribed in section 4301.41 of the Revised Code. If the 24,600
liquor control commission is of the opinion that the police or 24,601
other officers of any municipal corporation or township entitled 24,602
to share in such distribution are refusing or culpably neglecting 24,603
to enforce this chapter and Chapter 4303. of the Revised Code, or 24,604
the penal laws of this state relating to the manufacture, 24,605
importation, transportation, distribution, and sale of beer and 24,606
intoxicating liquors, or if the prosecuting officer of a 24,607
municipal corporation or the municipal court thereof fails to 24,608
comply with the request of the commission authorized by division 24,609
(A)(4) of section 4301.10 of the Revised Code, the commission 24,610
may, by certified mail, MAY notify the chief executive officer of 24,612
the municipal corporation or the board of township trustees of 24,613
the township of such failure and require the immediate 24,614
cooperation of the responsible officers of the municipal 24,615
corporation or township with the division of liquor control in 24,616
the enforcement of such chapters and such penal laws. Within 24,618
thirty days after the notice is served, the commission shall 24,619
determine whether or not the requirement has been complied with. 24,620
If the commission determines that the requirement has not been 24,621
complied with, it may issue an order to the superintendent to 24,623
withhold the distributive share of the municipal corporation or 24,624
township until further order of the commission. This action of 24,625
the commission is reviewable within thirty days thereafter in the 24,626
court of common pleas of Franklin county. 24,627
Sec. 4301.334. (A) The privilege of local option 24,636
conferred by section 4301.324 of the Revised Code may be 24,637
exercised if, not later than four p.m. of the seventy-fifth day 24,639
before the day of a general or primary election, a petition and 24,640
other information required by division (B) of this section are 24,641
presented to the board of elections of the county in which the
community facility named in the petition is located. The 24,642
573
petition shall be signed by electors of the election precinct or 24,643
precincts MUNICIPAL CORPORATION OR UNINCORPORATED AREA OF THE 24,644
TOWNSHIP in which the community facility is located equal in 24,646
number to at least thirty-five TEN per cent of the total number 24,647
of votes cast in the precinct or precincts MUNICIPAL CORPORATION 24,649
OR UNINCORPORATED AREA OF THE TOWNSHIP in which the community 24,650
facility is located for the office of governor at the most recent 24,651
general election for that office and shall contain both of the 24,652
following:
(1) A notice that the petition is for the submission of 24,654
the question set forth in section 4301.356 of the Revised Code; 24,655
(2) The name and address of the community facility for 24,657
which the local option election is sought and, if the community 24,658
facility is a community entertainment district, the boundaries of 24,659
the district.
(B) Upon the request of a petitioner, a board of elections 24,661
of a county shall furnish to the petitioner a copy of the 24,662
instructions prepared by the secretary of state under division 24,663
(P) of section 3501.05 of the Revised Code and, within fifteen 24,665
days after the request, a certificate indicating the number of 24,666
valid signatures that will be required on a petition to hold an
election in the municipal corporation or unincorporated area of 24,667
the township in which the community facility is located on the 24,668
question specified in section 4301.356 of the Revised Code. 24,669
The petitioner shall, not less than thirty days before the 24,671
petition-filing deadline for an election on the question 24,672
specified in section 4301.356 of the Revised Code, specify to the 24,674
division of liquor control the name and address of the community 24,675
facility for which the election is sought and, if the community
facility is a community entertainment district, the boundaries of 24,676
the district, the municipal corporation or unincorporated area of 24,678
a township in which the election is sought, and the filing 24,679
deadline. The division shall, within a reasonable period of time
and not later than ten days before the filing deadline, supply 24,680
574
the petitioner with the name and address of any permit holder for 24,681
or within the community facility. 24,682
The petitioner shall file the name and address of any 24,684
permit holder who would be affected by the election at the time 24,685
the petitioner files the petition with the board of elections. 24,686
Within five days after receiving the petition, the board shall 24,687
give notice by certified mail to any permit holder within the 24,688
community facility that it has received the petition. Failure of 24,689
the petitioner to supply the name and address of any permit 24,690
holder for or within the community facility as furnished to the 24,692
petitioner by the division invalidates the petition. 24,693
(C) Not later than the sixty-sixth day before the day of 24,695
the next general or primary election, whichever occurs first, the 24,696
board shall examine and determine the sufficiency of the 24,697
signatures on the petition. If the board finds that the petition 24,698
is valid, it shall order the holding of an election in the 24,699
municipal corporation or unincorporated area of a township on the
day of the next general or primary election, whichever occurs 24,700
first, for the submission of the question set forth in section 24,701
4301.356 of the Revised Code.
(D) A petition filed with a board of elections under this 24,703
section shall be open to public inspection under rules adopted by 24,704
the board.
(E) An elector who is eligible to vote on the question set 24,706
forth in section 4301.356 of the Revised Code or any permit 24,707
holder for or within the community facility may, not later than 24,710
four p.m. of the sixty-fourth day before the day of the election 24,711
at which the question will be submitted to the electors, file a 24,712
written protest against the local option petition with the board 24,713
of elections with which the petition was filed. Upon the filing
of the protest, the board shall promptly fix a time and place for 24,714
hearing the protest, and shall mail notice of the time and place 24,715
to the person who filed the petition and to the person who filed 24,717
the protest. At the time and place fixed, the board shall hear 24,718
575
the protest and determine the validity of the petition. 24,719
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 24,728
4301.50 of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 24,731
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 24,733
distribution, and, except with respect to A-4 permit holders, 24,734
offer for sale. 24,735
(B) For the purposes of providing revenues for the support 24,738
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, 24,739
except for known sacramental purposes, at the rate of thirty 24,740
cents per wine gallon for wine containing not less than four per 24,741
cent of alcohol by volume and not more than fourteen per cent of 24,742
alcohol by volume, ninety-eight cents per wine gallon for wine 24,743
containing more than fourteen per cent but not more than 24,744
twenty-one per cent of alcohol by volume, one dollar and eight 24,745
cents per wine gallon for vermouth, and one dollar and 24,746
forty-eight cents per wine gallon for sparkling and carbonated 24,747
wine and champagne, the tax to be paid by the holders of A-2 and 24,748
B-5 permits or by any other person selling or distributing wine 24,749
upon which no tax has been paid. From the tax paid under this 24,751
section on wine, vermouth, and sparkling and carbonated wine and 24,752
champagne, the treasurer of state shall credit to the Ohio grape 24,753
industries fund created under section 924.54 of the Revised Code 24,754
a sum equal to one cent per gallon for each gallon upon which the 24,755
tax is paid.
(C) For the purpose of providing revenues for the support 24,757
of the state, there is hereby levied a tax on prepared and 24,758
bottled highballs, cocktails, cordials, and other mixed beverages 24,759
at the rate of one dollar and twenty cents per wine gallon to be 24,760
paid by holders of A-4 permits or by any other person selling or 24,761
distributing those products upon which no tax has been paid. 24,762
Only one sale of the same article shall be used in computing the 24,763
576
amount of tax due. The tax on mixed beverages to be paid by 24,764
holders of A-4 permits under this section shall not attach until 24,765
the ownership of the mixed beverage is transferred for valuable 24,766
consideration to a wholesaler or retailer, and no payment of the 24,767
tax shall be required prior to that time. 24,768
(D) During the period from June 30, 1995, until July 1, 24,771
1999 2001, from the tax paid under this section on wine, 24,772
vermouth, and sparkling and carbonated wine and champagne, the
treasurer of state shall credit to the Ohio grape industries fund 24,774
created under section 924.54 of the Revised Code a sum equal to 24,775
two cents per gallon upon which the tax is paid. The amount 24,776
credited under this division is in addition to the amount 24,777
credited to the Ohio grape industries fund under division (B) of
this section. 24,778
(E) For the purpose of providing revenues for the support 24,780
of the state, there is hereby levied a tax on cider at the rate 24,782
of twenty-four cents per wine gallon to be paid by the holders of 24,783
A-2 and B-5 permits or by any other person selling or 24,784
distributing cider upon which no tax has been paid. Only one 24,785
sale of the same article shall be used in computing the amount of 24,786
the tax due.
Sec. 4301.62. (A) As used in this section: 24,795
(1) "Chauffeured limousine" means a vehicle registered 24,798
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 24,800
meanings as in section 4511.01 of the Revised Code. 24,801
(B) No person shall have in the person's possession an 24,803
opened container of beer or intoxicating liquor in any of the 24,804
following circumstances: 24,805
(1) In a state liquor store; 24,807
(2) Except as provided in division (C) of this section, on 24,810
the premises of the holder of any permit issued by the division 24,811
of liquor control;
(3) In any other public place; 24,813
577
(4) Except as provided in division (D) of this section, 24,815
while operating or being a passenger in or on a motor vehicle on 24,817
any street, highway, or other public or private property open to 24,818
the public for purposes of vehicular travel or parking; 24,819
(5) Except as provided in division (D) of this section, 24,821
while being in or on a stationary motor vehicle on any street, 24,822
highway, or other public or private property open to the public 24,823
for purposes of vehicular travel or parking.
(C) A person may have in the person's possession an opened 24,826
container of beer or intoxicating liquor that has been lawfully 24,827
purchased for consumption on the premises where bought of a 24,828
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, 24,829
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-7, 24,830
E, F, or F-2 permit, or beer or intoxicating liquor consumed on 24,832
the premises of a convention facility as provided in section 24,833
4303.201 of the Revised Code.
A person may have in the person's possession on an F liquor 24,836
permit premises an opened container of beer or intoxicating 24,837
liquor that was not purchased from the holder of the F permit if 24,839
the premises for which the F permit is issued is a music festival 24,841
and the holder of the F permit grants permission for such 24,843
possession on the premises during the period for which the F 24,844
permit is issued. As used in this division, "music festival" 24,845
means a series of outdoor live musical performances, extending 24,846
for a period of at least three consecutive days and located on an 24,847
area of land of at least forty acres. 24,848
(D) This section does not apply to a person who pays all 24,850
or a portion of the fee imposed for the use of a chauffeured 24,852
limousine pursuant to a prearranged contract, or the guest of
such a THE person, when all of the following apply: 24,854
(1) The person or guest is a passenger in the limousine;. 24,856
(2) The person or guest is located in the limousine, but is 24,858
not occupying a seat in the front compartment of the limousine 24,859
where the operator of the limousine is located;. 24,860
578
(3) The limousine is located on any street, highway, or 24,862
other public or private property open to the public for purposes 24,863
of vehicular travel or parking. 24,864
Sec. 4303.07. Permit B-2 may be issued to a wholesale 24,873
distributor of wine to purchase from holders of A-2 and B-5 24,874
permits and distribute or sell such product, in the original 24,875
container in which it was placed by the B-5 permit holder or 24,876
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, 24,877
D-5h, D-5i, D-5j, and E permit holders, and for home use. The 24,880
fee for this permit is two hundred fifty dollars for each 24,881
distributing plant or warehouse. The initial fee shall be 24,882
increased ten cents per wine barrel of fifty gallons for all wine
distributed and sold in this state in excess of twelve hundred 24,883
fifty such barrels during the year covered by the permit. 24,884
Sec. 4303.10. Permit B-5 may be issued to a wholesale 24,894
distributor of wine to purchase wine from the holders of A-2 24,895
permits, to purchase and import wine in bond or otherwise, in 24,896
bulk or in containers of any size, and to bottle wine for 24,897
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, 24,898
D-5g, D-5h, D-5i, D-5j, and E permits and for home use in sealed 24,900
containers. No wine shall be bottled by a B-5 permit holder in 24,901
containers supplied by any person who intends the wine for home 24,902
use. The fee for this permit is one thousand two hundred fifty
dollars. 24,903
Sec. 4303.181. (A) Permit D-5a may be issued either to 24,914
the owner or operator of a hotel or motel required to be licensed 24,915
under section 3731.03 of the Revised Code containing at least 24,916
fifty rooms for registered transient guests, and which qualifies 24,917
under the other requirements of this section, or to the owner or 24,918
operator of a restaurant specified under this section to sell 24,919
beer and any intoxicating liquor at retail, only by the 24,920
individual drink in glass and from the container, for consumption 24,921
579
on the premises where sold, and to registered guests in their 24,922
rooms, which may be sold by means of a controlled access alcohol 24,923
and beverage cabinet in accordance with division (B) of section 24,924
4301.21 of the Revised Code; and to sell the same products in the 24,925
same manner and amounts not for consumption on the premises as 24,926
may be sold by holders of D-1 and D-2 permits. The premises of 24,927
the hotel or motel shall include a restaurant licensed pursuant 24,928
to section 3732.03 of the Revised Code affiliated with the hotel 24,929
or motel and within or contiguous to the hotel or motel, serving 24,930
food within the hotel or motel, but the principal business of the 24,931
owner or operator of the hotel or motel shall be the 24,932
accommodation of transient guests. In addition to the privileges 24,933
authorized herein IN THIS DIVISION, the holder of a D-5a permit 24,935
may exercise the same privileges as the holder of a D-5 permit. 24,936
The owner or operator of a hotel, motel, or restaurant who 24,938
qualified for and held a D-5a permit on August 4, 1976, may, if 24,940
the owner or operator held another permit before holding a D-5a 24,941
permit, either retain a D-5a permit or apply for the permit 24,942
formerly held, and the division of liquor control shall issue the 24,943
permit for which the owner or operator applies and formerly held, 24,944
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 24,947
No quota restriction shall be placed on the number of such 24,948
permits which may be issued.
The fee for this permit is one thousand eight hundred 24,951
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 24,954
tenant, lessee, or occupant of an enclosed shopping center to 24,955
sell beer and intoxicating liquor at retail, only by the 24,956
individual drink in glass and from the container, for consumption 24,957
on the premises where sold; and to sell the same products in the 24,958
same manner and amount not for consumption on the premises as may 24,959
be sold by holders of D-1 and D-2 permits. In addition to the 24,960
privileges authorized in this section DIVISION, the holder of a 24,962
580
D-5b permit may exercise the same privileges as a holder of a D-5 24,963
permit.
A D-5b permit shall not be transferred to another location. 24,966
One D-5b permit may be issued at an enclosed shopping 24,969
center containing at least two hundred twenty-five thousand, but 24,970
less than four hundred thousand, square feet of floor area. 24,971
Two D-5b permits may be issued at an enclosed shopping 24,974
center containing at least four hundred thousand square feet of 24,975
floor area. No more than one D-5b permit may be issued at an 24,976
enclosed shopping center for each additional two hundred thousand 24,977
square feet of floor area or fraction thereof, up to a maximum of 24,978
five D-5b permits for each enclosed shopping center. The number 24,979
of D-5b permits that may be issued at an enclosed shopping center 24,980
shall be determined by subtracting the number of D-3 and D-5 24,981
permits issued in the enclosed shopping center from the number of 24,982
D-5b permits that otherwise may be issued at the enclosed 24,983
shopping center under the formulas provided in this division. 24,984
Except as provided in this section, no quota shall be placed on 24,985
the number of D-5b permits that may be issued. Notwithstanding 24,986
any quota provided in this section, the holder of any D-5b permit 24,987
first issued in accordance with this section is entitled to its 24,988
renewal in accordance with section 4303.271 of the Revised Code. 24,989
The holder of a D-5b permit issued before April 4, 1984, 24,992
whose tenancy is terminated for a cause other than nonpayment of 24,993
rent, may return the D-5b permit to the division of liquor 24,995
control, and the division shall cancel that permit. Upon 24,997
cancellation of that permit and upon the permit holder's payment 24,998
of taxes, contributions, premiums, assessments, and other debts 24,999
owing or accrued upon the date of cancellation to this state and 25,000
its political subdivisions and a filing with the division of a 25,001
certification thereof, the division shall issue to that person 25,003
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 25,005
person requests. The division shall issue the D-5 permit, or the 25,007
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 25,008
581
or D-5 permits currently issued in the municipal corporation or 25,009
in the unincorporated area of the township where that person's 25,010
proposed premises is located equals or exceeds the maximum number 25,011
of such permits that can be issued in that municipal corporation 25,012
or in the unincorporated area of that township under the 25,013
population quota restrictions contained in section 4303.29 of the 25,014
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 25,015
shall not be transferred to another location. If a D-5b permit 25,016
is canceled under the provisions of this paragraph, the number of 25,017
D-5b permits that may be issued at the enclosed shopping center 25,018
for which the D-5b permit was issued, under the formula provided 25,019
in this division, shall be reduced by one if the enclosed 25,020
shopping center was entitled to more than one D-5b permit under 25,021
the formula. 25,022
The fee for this permit is one thousand eight hundred 25,025
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 25,028
operator of a restaurant licensed pursuant to section 3732.03 of 25,029
the Revised Code, and which qualifies under the other 25,030
requirements of this section to sell beer and any intoxicating 25,031
liquor at retail, only by the individual drink in glass and from 25,032
the container, for consumption on the premises where sold, and to 25,033
sell the same products in the same manner and amounts not for 25,034
consumption on the premises as may be sold by holders of D-1 and 25,035
D-2 permits. In addition to the privileges authorized herein IN 25,036
THIS DIVISION, the holder of a D-5c permit may exercise the same 25,038
privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 25,041
restaurant licensed pursuant to section 3732.03 of the Revised 25,042
Code shall have operated the restaurant at the proposed premises 25,044
for not less than twenty-four consecutive months immediately 25,045
preceding the filing of an application therefor FOR THE PERMIT, 25,046
have applied for a D-5 permit no later than December 31, 1988, 25,048
and appear on the division's quota waiting list for not less than 25,050
582
six months immediately preceding the filing of an application 25,051
therefor FOR THE PERMIT. In addition to these requirements, the 25,053
proposed D-5c permit premises shall be located within a municipal 25,054
corporation and further within an election precinct which, at the 25,056
time of the applications, has no more than twenty-five per cent 25,057
of its total land area zoned for residential use. 25,058
A D-5c permit shall not be transferred to another location. 25,061
No quota restriction shall be placed on the number of such 25,062
permits which may be issued.
Any person who has held a D-5c permit for at least two 25,065
years may apply for a D-5 permit, and the division of liquor 25,066
control shall issue the D-5 permit notwithstanding the quota 25,067
restrictions contained in section 4303.29 of the Revised Code or 25,068
in any rule of the liquor control commission. 25,069
The fee for this permit is one thousand two hundred fifty 25,072
dollars.
(D) Permit D-5d may be issued to either the owner or 25,075
operator of a restaurant that is licensed pursuant to section 25,076
3732.03 of the Revised Code and located at an airport operated by 25,077
a board of county commissioners pursuant to section 307.20 of the 25,078
Revised Code or at an airport operated by a regional airport 25,079
authority pursuant to Chapter 308. of the Revised Code. Not more 25,080
than one D-5d permit shall be issued in each county. The holder 25,081
of a D-5d permit may sell beer and any intoxicating liquor at 25,082
retail, only by the individual drink in glass and from the 25,083
container, for consumption on the premises where sold, and may 25,084
sell the same products in the same manner and amounts not for 25,085
consumption on the premises where sold as may be sold by the 25,086
holders of D-1 and D-2 permits. In addition to the privileges 25,087
authorized in this division, the holder of a D-5d permit may 25,088
exercise the same privileges as the holder of a D-5 permit. 25,089
A D-5d permit shall not be transferred to another location. 25,092
Except as otherwise provided in this division, no quota 25,093
restrictions shall be placed on the number of such permits which 25,094
583
may be issued.
The fee for this permit is one thousand eight hundred 25,097
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 25,100
organization that is exempt from federal income taxation under 25,101
"The THE Internal Revenue Code of 1986," 100 Stat. 2085, 26 25,103
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 25,104
or operates a riverboat which meets all of the following: 25,105
(1) Is permanently docked at one location; 25,108
(2) Is designated as an historical riverboat by the Ohio 25,111
historical society;
(3) Contains not less than fifteen hundred square feet of 25,114
floor area;
(4) Has a seating capacity of fifty or more persons. 25,117
The holder of a D-5e permit may sell beer and intoxicating 25,120
liquor at retail, only by the individual drink in glass and from 25,121
the container, for consumption on the premises where sold. 25,122
A D-5e permit shall not be transferred to another location. 25,125
No quota restriction shall be placed on the number of such 25,126
permits which may be issued. The population quota restrictions 25,127
contained in section 4303.29 of the Revised Code or in any rule 25,128
of the liquor control commission shall not apply to this 25,129
division, and the division shall issue a D-5e permit to any 25,131
applicant who meets the requirements of this division. However, 25,132
the division shall not issue a D-5e permit if the permit premises 25,134
or proposed permit premises are located within an area in which 25,135
the sale of spirituous liquor by the glass is prohibited. 25,136
The fee for this permit is nine hundred seventy-five 25,139
dollars.
(F) Permit D-5f may be issued to either the owner or the 25,142
operator of a food service operation licensed under section 25,143
3732.03 of the Revised Code that meets all of the following: 25,144
(1) Contains not less than twenty-five hundred square feet 25,147
584
of floor area;
(2) Is located on or in, or immediately adjacent to, the 25,150
shoreline of, a navigable river;
(3) Provides docking space for twenty-five boats; 25,153
(4) Provides entertainment and recreation, provided that 25,156
not less than fifty per cent of the business on the permit 25,157
premises shall be preparing and serving meals for a 25,158
consideration.
In addition, each application for a D-5f permit shall be 25,161
accompanied by a certification from the local legislative 25,162
authority that the issuance of the D-5f permit is not 25,163
inconsistent with that political subdivision's comprehensive 25,164
development plan or other economic development goal as officially 25,165
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 25,168
liquor at retail, only by the individual drink in glass and from 25,169
the container, for consumption on the premises where sold. 25,170
A D-5f permit shall not be transferred to another location. 25,173
No more than fifteen D-5f permits shall be issued by the division 25,174
of liquor control, and no more than two such permits shall be 25,176
issued in any county. However, the division shall not issue a 25,177
D-5f permit if the permit premises or proposed permit premises 25,179
are located within an area in which the sale of spirituous liquor 25,180
by the glass is prohibited. 25,181
A fee for this permit is one thousand eight hundred 25,184
seventy-five dollars.
As used in this division, "navigable river" means a river 25,187
which is also a "navigable water" as that term is defined in the 25,188
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 25,189
(G) Permit D-5g may be issued to a nonprofit corporation 25,192
that is either the owner or the operator of a national 25,193
professional sports museum. The holder of a D-5g permit may sell 25,194
beer and any intoxicating liquor at retail, only by the 25,195
individual drink in glass and from the container, for consumption 25,196
585
on the premises where sold. The holder of a D-5g permit shall 25,197
sell no beer or intoxicating liquor for consumption on the 25,198
premises where sold after one a.m. A D-5g permit shall not be 25,199
transferred to another location. No quota restrictions shall be 25,200
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 25,201
(H) Permit D-5h may be issued to any nonprofit 25,203
organization that is exempt from federal income taxation under 25,204
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 25,205
501(c)(3), as amended, that owns or operates a fine arts museum 25,206
and has no less than five thousand bona fide members possessing 25,207
full membership privileges. The holder of a D-5h permit may sell 25,208
beer and any intoxicating liquor at retail, only by the 25,209
individual drink in glass and from the container, for consumption 25,210
on the premises where sold. The holder of a D-5h permit shall 25,211
sell no beer or intoxicating liquor for consumption on the 25,212
premises where sold after one a.m. A D-5h permit shall not be 25,213
transferred to another location. No quota restrictions shall be 25,214
placed on the number of D-5h permits that may be issued. The fee 25,215
for this permit is one thousand five hundred dollars. 25,216
(I) Permit D-5i may be issued to either the owner or the 25,218
operator of a food service operation licensed under section 25,219
3732.03 of the Revised Code that meets all of the following 25,220
requirements: 25,221
(1) It is located in a municipal corporation or a township 25,223
with a population of fifty thousand or less;. 25,224
(2) It has inside seating capacity for at least one 25,226
hundred forty persons;. 25,227
(3) It has at least five thousand square feet of floor 25,229
area;. 25,230
(4) It offers full-course meals, appetizers, and 25,232
sandwiches;. 25,233
(5) Its receipts from beer and liquor sales do not exceed 25,235
twenty-five per cent of its total gross receipts;. 25,236
586
(6) The value of its real and personal property exceeds 25,238
nine hundred twenty-five thousand dollars. 25,240
The holder of a D-5i permit shall cause an independent 25,242
audit to be performed at the end of one full year of operation 25,243
following issuance of the permit, in order to verify the 25,244
requirements of division (I)(5) of this section. The results of 25,245
the independent audit shall be transmitted to the division. Upon 25,247
determining that the receipts of the holder from beer and liquor 25,248
sales exceeded twenty-five per cent of its total gross receipts, 25,249
the division shall suspend the permit of the permit holder under 25,251
section 4301.25 of the Revised Code and may allow the permit 25,252
holder to elect a forfeiture under section 4301.252 of the 25,253
Revised Code.
The holder of a D-5i permit may sell beer and any 25,255
intoxicating liquor at retail, only by the individual drink in 25,256
glass and from the container, for consumption on the premises 25,257
where sold, and may sell the same products in the same manner and 25,258
amounts not for consumption on the premises where sold as may be 25,259
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 25,260
permit shall sell no beer or intoxicating liquor for consumption 25,261
on the premises where sold after two-thirty a.m. In addition to 25,262
the privileges authorized in THIS division (I) of this section, 25,263
the holder of a D-5i permit may exercise the same privileges as 25,265
the holder of a D-5 permit. 25,266
A D-5i permit shall not be transferred to another location. 25,268
The division of liquor control shall not renew a D-5i permit 25,270
unless the food service operation for which it is issued 25,271
continues to meet the requirements described in divisions (I)(1) 25,272
to (6) of this section. No quota restrictions shall be placed on 25,273
the number of D-5i permits that may be issued. The fee for this 25,274
permit is one thousand eight hundred seventy-five dollars. 25,275
(J)(1) PERMIT D-5j MAY BE ISSUED TO EITHER THE OWNER OR 25,278
THE OPERATOR OF A FOOD SERVICE OPERATION LICENSED UNDER SECTION 25,279
3732.03 OF THE REVISED CODE TO SELL BEER AND INTOXICATING LIQUOR 25,280
587
AT RETAIL, ONLY BY THE INDIVIDUAL DRINK IN GLASS AND FROM THE 25,281
CONTAINER, FOR CONSUMPTION ON THE PREMISES WHERE SOLD AND TO SELL 25,283
BEER AND INTOXICATING LIQUOR IN THE SAME MANNER AND AMOUNTS NOT
FOR CONSUMPTION ON THE PREMISES WHERE SOLD AS MAY BE SOLD BY THE 25,285
HOLDERS OF D-1 AND D-2 PERMITS. THE HOLDER OF A D-5j PERMIT MAY 25,287
EXERCISE THE SAME PRIVILEGES, AND SHALL OBSERVE THE SAME HOURS OF 25,289
OPERATION, AS THE HOLDER OF A D-5 PERMIT. 25,290
(2) THE D-5j PERMIT SHALL BE ISSUED ONLY WITHIN A 25,292
COMMUNITY ENTERTAINMENT DISTRICT THAT IS DESIGNATED UNDER SECTION 25,294
4301.80 OF THE REVISED CODE AND THAT IS LOCATED IN A MUNICIPAL 25,296
CORPORATION WITH A POPULATION OF AT LEAST ONE HUNDRED THOUSAND. 25,297
(3) THE LOCATION OF A D-5j PERMIT MAY BE TRANSFERRED ONLY 25,300
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE COMMUNITY ENTERTAINMENT 25,301
DISTRICT IN WHICH IT WAS ISSUED AND SHALL NOT BE TRANSFERRED 25,302
OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THAT DISTRICT. 25,303
(4) NOT MORE THAN ONE D-5j PERMIT SHALL BE ISSUED WITHIN 25,306
EACH COMMUNITY ENTERTAINMENT DISTRICT FOR EACH FIVE ACRES OF LAND 25,307
LOCATED WITHIN THE DISTRICT. NOT MORE THAN FIFTEEN D-5j PERMITS 25,309
MAY BE ISSUED WITHIN A SINGLE COMMUNITY ENTERTAINMENT DISTRICT. 25,310
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (J)(4) OF THIS SECTION, 25,311
NO QUOTA RESTRICTIONS SHALL BE PLACED UPON THE NUMBER OF D-5j 25,313
PERMITS THAT MAY BE ISSUED.
(5) THE FEE FOR A D-5j PERMIT IS ONE THOUSAND EIGHT 25,316
HUNDRED SEVENTY-FIVE DOLLARS.
Sec. 4303.182. Except as otherwise provided in this 25,327
section, permit D-6 shall be issued to the holder of an A-1-A, 25,328
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 25,329
D-5f, D-5g, D-5h, D-5i, D-5j, or D-7 permit to allow sale under 25,330
such permit between the hours of one p.m. and midnight on Sunday, 25,331
if such sale has been authorized under section 4301.361 of the 25,332
Revised Code and under the restrictions of such authorization. 25,333
Permit D-6 shall be issued to the holder of any permit, including 25,334
a D-4a and D-5d permit, authorizing the sale of intoxicating 25,335
liquor issued for a premises located at any publicly owned 25,336
588
airport, as defined in section 4563.01 of the Revised Code, at 25,337
which commercial airline companies operate regularly scheduled 25,338
flights on which space is available to the public, to allow sale 25,339
under such permit between the hours of one p.m. and midnight on 25,340
Sunday, whether or not such sale has been authorized under 25,341
section 4301.361 of the Revised Code. Permit D-6 shall be issued 25,342
to the holder of a D-5a permit, and to the holder of a D-3 or 25,343
D-3a permit who is the owner or operator of a hotel or motel 25,344
required to be licensed under section 3731.03 of the Revised Code 25,345
containing at least fifty rooms for registered transient guests 25,346
and which has on its premises a restaurant licensed pursuant to 25,347
section 3732.03 of the Revised Code affiliated with the hotel or 25,348
motel and within or contiguous to the hotel or motel and serving 25,349
food within the hotel or motel, to allow sale under such permit 25,350
between the hours of one p.m. and midnight on Sunday, whether or 25,351
not such sale has been authorized under section 4301.361 of the 25,352
Revised Code.
If the restriction to licensed premises where the sale of 25,355
food and other goods and services exceeds fifty per cent of the 25,356
total gross receipts of the permit holder at the premises is 25,357
applicable, the division of liquor control may accept an 25,358
affidavit from the permit holder to show the proportion of the 25,359
permit holder's gross receipts derived from the sale of food and 25,360
other goods and services. If the liquor control commission 25,361
determines such affidavit to have been false, it shall revoke the 25,362
permits of the permit holder at the premises concerned. 25,363
The fee for the D-6 permit is two hundred fifty dollars 25,366
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 25,367
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 25,368
D-5i, D-5j, or D-7 permit. The fee for the D-6 permit is two 25,369
hundred dollars when it is issued to the holder of a C-2 permit. 25,370
Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, 25,381
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 25,382
or D-6 permit shall be exercised at not more than two fixed 25,383
589
counters, commonly known as bars, in rooms or places on the 25,384
permit premises, where malt beverages, mixed beverages, wine, or 25,385
spirituous liquor is sold to the public for consumption on the 25,386
premises. For each additional fixed counter on the permit 25,387
premises where those beverages are sold for consumption on the 25,388
premises, the permit holder shall obtain a duplicate D-2, D-3, 25,389
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, 25,390
D-5j, or D-6 permit.
The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, 25,393
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6 permit shall be 25,395
granted, upon application to the division of liquor control, a 25,396
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, 25,397
D-5g, D-5h, D-5i, D-5j, or D-6 permit for each additional fixed 25,398
counter on the permit premises at which beer, malt beverages, 25,399
mixed beverages, wine, or spirituous liquor is sold for 25,400
consumption on the premises, provided such THE application is 25,402
made in the same manner as an application for an original permit. 25,403
Such THE application shall be identified with DUPLICATE printed 25,405
on the permit application form furnished by the department, in 25,406
boldface type. Such THE application shall identify by name, or 25,408
otherwise amply describe, the room or place on the premises where 25,409
such THE duplicate permit is to be operative. Each duplicate 25,411
permit shall be issued only to the same individual, firm, or 25,412
corporation as that of the original permit and shall be an exact 25,413
duplicate in size and word content as the original permit, except 25,414
that it shall show thereon ON IT the name or other ample 25,415
identification of the room, or place, for which IT IS issued and 25,416
shall have DUPLICATE printed thereon ON IT in boldface type. 25,417
Such a A duplicate permit shall bear the same number as that of 25,419
the original permit. The fee for such A duplicate permit is: 25,420
D-1, one hundred dollars; D-2, one hundred dollars; D-3, four 25,422
hundred dollars; D-3a, four hundred dollars; D-4, two hundred 25,423
dollars; D-5, one thousand dollars; D-5a, one thousand dollars; 25,424
D-5b, one thousand dollars; D-5c, four hundred dollars; D-5e, six 25,425
590
hundred fifty dollars; D-5f, one thousand dollars; D-6, one 25,426
hundred dollars when issued to the holder of a D-4a permit,; and 25,427
in all other cases one hundred dollars or an amount which is 25,428
twenty per cent of the fees payable for the A-1-A, D-2, D-3, 25,429
D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 25,430
and D-6 permits issued to the same premises, whichever is higher. 25,432
Application for a duplicate permit may be filed any time during 25,433
the life of an original permit. The fee for each duplicate D-2, 25,434
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, 25,435
D-5i, D-5j, or D-6 permit shall accompany the application for 25,436
each such duplicate permit. 25,437
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, 25,447
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 25,448
D-5g, D-5h, D-5i, D-5j, or F permits shall purchase any beer or 25,449
malt beverage subject to the tax imposed by sections 4301.42 and 25,451
4305.01 of the Revised Code or any wine or mixed beverage subject 25,452
to the tax imposed by section 4301.43 of the Revised Code for 25,453
resale, except from holders of A or B permits. 25,454
No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 25,456
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, or D-5i, OR D-5j permits 25,458
shall purchase spirituous liquor for resale except from the 25,459
division of liquor control, unless with the special consent of 25,460
the division under such particular regulations and markup 25,461
provisions as prescribed by the superintendent of liquor control. 25,462
Sec. 4399.12. No provision contained in Title XLIII of the 25,472
Revised Code that prohibits the sale of intoxicating liquors in 25,473
any of the circumstances described in section 4399.11 of the 25,474
Revised Code extends to or prevents the holder of an A, B, C-2, 25,475
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, 25,476
D-5h, D-5i, D-5j, G, or I permit issued by the division of liquor 25,478
control from distributing or selling intoxicating liquor at the
place of business described in the permit of the holder. 25,479
Sec. 4501.27. (A) Except as provided in division (B) of 25,490
this section, on and after September 13, 1997, the registrar of 25,491
591
motor vehicles, and any employee or contractor of the bureau of 25,492
motor vehicles, shall not knowingly disclose or otherwise make 25,493
available to any person or entity any personal information about 25,494
an individual that the bureau obtained in connection with a motor 25,495
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 25,498
an employee or contractor of the bureau of motor vehicles, shall 25,499
disclose personal information about an individual that the bureau 25,500
obtained in connection with a motor vehicle record, for use in 25,501
connection with any of the following matters to carry out the 25,502
purposes of any specified federal automobile-related act: 25,503
(a) Motor vehicle or driver safety and theft; 25,505
(b) Motor vehicle emissions; 25,507
(c) Motor vehicle product alterations, recalls, or 25,509
advisories; 25,510
(d) Performance monitoring of motor vehicles and dealers 25,513
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 25,516
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 25,518
(B)(1) of this section, on and after September 13, 1997, the 25,520
registrar, or an employee or contractor of the bureau of motor 25,521
vehicles, may disclose personal information about an individual 25,522
that the bureau obtained in connection with a motor vehicle 25,523
record, as follows:
(a) For the use of a government agency, including, but not 25,526
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 25,527
acting on behalf of an agency of this state, another state, the 25,528
United States, or a political subdivision of this state or 25,530
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 25,533
vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories; 25,534
592
performance monitoring of motor vehicles, motor vehicle parts, 25,535
and dealers; motor vehicle market research activities, including, 25,537
but not limited to, survey research; and removal of non-owner 25,538
records from the original owner records of motor vehicle
manufacturers; 25,539
(c) For use in the normal course of business by a 25,541
legitimate business or an agent, employee, or contractor of a 25,542
legitimate business, but only for one of the following purposes: 25,543
(i) To verify the accuracy of personal information 25,545
submitted to the business, agent, employee, or contractor by an 25,546
individual;
(ii) If personal information submitted to the business, 25,549
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 25,550
for the purpose of preventing fraud, by pursuing legal remedies 25,551
against, or recovering on a debt or security interest against, 25,552
the individual.
(d) For use in connection with a civil, criminal, 25,554
administrative, or arbitral proceeding in a court or agency of 25,555
this state, another state, the United States, or a political 25,556
subdivision of this state or another state or before a 25,557
self-regulatory body, including, but not limited to, use in 25,558
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 25,559
judgment or order; 25,560
(e) Pursuant to an order of a court of this state, another 25,563
state, the United States, or a political subdivision of this
state or another state; 25,564
(f) For use in research activities or in producing 25,566
statistical reports, provided the personal information is not 25,567
published, redisclosed, or used to contact an individual; 25,568
(g) For use by an insurer, insurance support organization, 25,571
or self-insured entity, or by an agent, employee, or contractor
of that type of entity, in connection with any claims 25,572
593
investigation activity, anti-fraud activity, rating, or 25,573
underwriting;
(h) For use in providing notice to the owner of a towed, 25,576
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 25,579
or licensed security service for any purpose permitted under
division (B)(2) of this section; 25,580
(j) For use by an employer or by the agent or insurer of 25,583
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 25,584
required under the "Commercial Motor Vehicle Safety Act of 1986," 25,585
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 25,586
amended;
(k) For use in connection with the operation of a private 25,589
toll transportation facility;
(l) For any use not otherwise identified in division 25,591
(B)(2) of this section that is in response to a request for 25,593
individual motor vehicle records, if the bureau of motor vehicles 25,594
has provided both of the following in a clear and conspicuous 25,595
manner on forms for the issuance or renewal of driver's or 25,596
commercial driver's licenses, motor vehicle certificates of 25,597
title, motor vehicle registrations and identification license 25,598
plates, and identification cards:
(i) Notice that personal information collected by the 25,601
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who completes and 25,604
submits any of the forms to prohibit disclosures.
(m) For bulk distribution for surveys, marketing, or 25,606
solicitations, if the bureau of motor vehicles has implemented 25,607
methods and procedures to ensure both ALL of the following: 25,608
(i) That individuals are provided, in a clear and 25,611
conspicuous manner, an opportunity to prohibit uses of this 25,613
nature AND, WHEN A TRANSACTION IS PERFORMED IN PERSON, THE 25,614
594
INDIVIDUAL IS GIVEN VERBAL NOTICE THAT PERSONAL INFORMATION 25,617
COLLECTED BY THE BUREAU ON OR IN RELATION TO THE FORMS FOR THE 25,619
ISSUANCE OR RENEWAL OF A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE, 25,620
A MOTOR VEHICLE CERTIFICATE OF TITLE, A MOTOR VEHICLE 25,621
REGISTRATION AND LICENSE PLATES, AND AN IDENTIFICATION CARD MAY 25,623
BE DISCLOSED FOR USES OF THIS NATURE;
(ii) The information will be used, rented, or sold solely 25,626
for bulk distribution for surveys, marketing, or solicitations,
and that those surveys, marketing, and solicitations will not be 25,628
directed at an individual who has requested in a timely fashion 25,629
that the surveys, marketing, and solicitations not be directed at 25,630
that individual.
(n) For use by a person, state, or state agency that 25,632
requests the information, if the person, state, or state agency 25,633
demonstrates that it has obtained the written consent of the 25,634
individual to whom the information pertains; 25,635
(o) For any other use specifically authorized by law that 25,638
is related to the operation of a motor vehicle or to public
safety.
(C) On and after September 13, 1997, an authorized 25,641
recipient of personal information about an individual that the 25,642
bureau of motor vehicles obtained in connection with a motor 25,643
vehicle record, other than a recipient under division (B)(2)(l) 25,644
or (m) of this section, may resell or redisclose the personal 25,646
information only for a use permitted under division (B)(1), 25,647
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 25,648
and after September 13, 1997, an authorized recipient of personal 25,649
information about an individual under division (B)(2)(l) of this 25,651
section may resell or redisclose the information for any purpose. 25,652
On and after September 13, 1997, an authorized recipient of 25,653
personal information under division (B)(2)(m) of this section may 25,656
resell or redisclose the information as specified pursuant to
that division. On and after September 13, 1997, an authorized 25,658
recipient of personal information about an individual under
595
division (B) of this section, other than a recipient under 25,661
division (B)(2)(l) of this section, that resells or rediscloses 25,662
any personal information covered by this section must keep for a 25,663
period of five years a record that identifies each person or 25,664
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 25,665
must make all such records available to the registrar of motor 25,666
vehicles upon the registrar's request. 25,667
(D) The registrar may establish and carry out procedures 25,670
under which the registrar or the registrar's agents, upon receipt 25,672
of a request for personal information on or after September 13, 25,673
1997, that does not satisfy any of the criteria for disclosure of 25,674
the information that are set forth in division (B)(1) or (2) of 25,675
this section, may notify the individual about whom the 25,676
information was requested, by regular mail, that the request was 25,677
made. Any procedures so adopted shall provide that, if the 25,679
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 25,680
a copy of the request and conspicuously shall include in the 25,681
notice a statement that the information will not be released 25,682
unless the individual waives the individual's right to privacy 25,683
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 25,686
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 25,691
2721-2725, that are necessary to carry out the registrar's duties 25,692
under this section on and after September 13, 1997. 25,693
(F) Divisions (A) to (E) of this section do not apply to 25,696
the release of any personal information prior to September 13, 25,697
1997.
(G) As used in this section: 25,699
(1) "Motor vehicle record" means a record that pertains to 25,701
a motor vehicle driver's or commercial driver's license or 25,702
permit, a motor vehicle certificate of title, a motor vehicle 25,703
596
registration or motor vehicle identification license plates, or 25,704
an identification card issued by the bureau of motor vehicles. 25,705
(2) "Person" has the same meaning as in section 1.59 of 25,707
the Revised Code and does not include this state, another state, 25,708
or an agency of this state or another state. 25,709
(3) "Personal information" means information that 25,711
identifies an individual, including, but not limited to, an 25,712
individual's photograph or digital image, social security number, 25,714
driver or driver's license identification number, name, telephone 25,715
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 25,717
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 25,718
status.
(4) "Specified federal automobile-related act" means the 25,720
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 25,726
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 25,731
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 25,735
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 25,740
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 25,743
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 25,747
U.S.C. 7401, et seq., all as now or hereafter amended. 25,749
Sec. 4511.191. (A) Any person who operates a vehicle upon 25,758
a highway or any public or private property used by the public 25,759
for vehicular travel or parking within this state shall be deemed 25,760
to have given consent to a chemical test or tests of the person's 25,762
blood, breath, or urine for the purpose of determining the 25,763
alcohol, drug, or alcohol and drug content of the person's blood, 25,764
breath, or urine if arrested for operating a vehicle while under 25,766
the influence of alcohol, a drug of abuse, or alcohol and a drug 25,767
of abuse or for operating a vehicle with a prohibited 25,768
concentration of alcohol in the blood, breath, or urine. The 25,769
chemical test or tests shall be administered at the request of a 25,770
police officer having reasonable grounds to believe the person to 25,771
597
have been operating a vehicle upon a highway or any public or 25,772
private property used by the public for vehicular travel or 25,773
parking in this state while under the influence of alcohol, a 25,774
drug of abuse, or alcohol and a drug of abuse or with a 25,775
prohibited concentration of alcohol in the blood, breath, or 25,776
urine. The law enforcement agency by which the officer is 25,777
employed shall designate which of the tests shall be
administered. 25,778
(B) Any person who is dead or unconscious, or who is 25,780
otherwise in a condition rendering the person incapable of 25,781
refusal, shall be deemed not to have withdrawn consent as 25,783
provided by division (A) of this section and the test or tests 25,784
may be administered, subject to sections 313.12 to 313.16 of the 25,785
Revised Code. 25,786
(C)(1) Any person under arrest for operating a vehicle 25,788
while under the influence of alcohol, a drug of abuse, or alcohol 25,789
and a drug of abuse or for operating a vehicle with a prohibited 25,790
concentration of alcohol in the blood, breath, or urine shall be 25,791
advised at a police station, or at a hospital, first-aid station, 25,792
or clinic to which the person has been taken for first-aid or 25,793
medical treatment, of both of the following: 25,794
(a) The consequences, as specified in division (E) of this 25,796
section, of the person's refusal to submit upon request to a 25,797
chemical test designated by the law enforcement agency as 25,799
provided in division (A) of this section; 25,800
(b) The consequences, as specified in division (F) of this 25,802
section, of the person's submission to the designated chemical 25,804
test if the person is found to have a prohibited concentration of 25,805
alcohol in the blood, breath, or urine. 25,806
(2)(a) The advice given pursuant to division (C)(1) of 25,808
this section shall be in a written form containing the 25,809
information described in division (C)(2)(b) of this section and 25,810
shall be read to the person. The form shall contain a statement 25,811
that the form was shown to the person under arrest and read to 25,812
598
the person in the presence of the arresting officer and either 25,814
another police officer, a civilian police employee, or an 25,815
employee of a hospital, first-aid station, or clinic, if any, to 25,816
which the person has been taken for first-aid or medical 25,817
treatment. The witnesses shall certify to this fact by signing 25,818
the form.
(b) The form required by division (C)(2)(a) of this 25,820
section shall read as follows: 25,821
"You now are under arrest for operating a vehicle while 25,823
under the influence of alcohol, a drug of abuse, or both alcohol 25,824
and a drug of abuse and will be requested by a police officer to 25,825
submit to a chemical test to determine the concentration of 25,826
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 25,827
blood, breath, or urine. 25,828
If you refuse to submit to the requested test or if you 25,830
submit to the requested test and are found to have a prohibited 25,831
concentration of alcohol in your blood, breath, or urine, your 25,832
driver's or commercial driver's license or permit or nonresident 25,833
operating privilege immediately will be suspended for the period 25,834
of time specified by law by the officer, on behalf of the 25,835
registrar of motor vehicles. You may appeal this suspension at 25,836
your initial appearance before the court that hears the charges 25,837
against you resulting from the arrest, and your initial 25,838
appearance will be conducted no later than five days after the 25,839
arrest. This suspension is independent of the penalties for the 25,840
offense, and you may be subject to other penalties upon 25,841
conviction." 25,842
(D)(1) If a person under arrest as described in division 25,844
(C)(1) of this section is not asked by a police officer to submit 25,845
to a chemical test designated as provided in division (A) of this 25,846
section, the arresting officer shall seize the Ohio or 25,847
out-of-state driver's or commercial driver's license or permit of 25,848
the person and immediately forward the seized license or permit 25,849
to the court in which the arrested person is to appear on the 25,850
599
charge for which the person was arrested. If the arrested person 25,851
does not have the person's driver's or commercial driver's 25,852
license or permit on the person's self or in the person's 25,853
vehicle, the arresting officer shall order the arrested person to 25,855
surrender it to the law enforcement agency that employs the 25,857
officer within twenty-four hours after the arrest, and, upon the 25,858
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 25,860
person is to appear on the charge for which the person was 25,861
arrested. Upon receipt of the license or permit, the court shall 25,863
retain it pending the initial appearance of the arrested person 25,864
and any action taken under section 4511.196 of the Revised Code. 25,865
If a person under arrest as described in division (C)(1) of 25,867
this section is asked by a police officer to submit to a chemical 25,868
test designated as provided in division (A) of this section and 25,869
is advised of the consequences of the person's refusal or 25,870
submission as provided in division (C) of this section and if the 25,871
person either refuses to submit to the designated chemical test 25,872
or the person submits to the designated chemical test and the 25,873
test results indicate that the person's blood contained a 25,874
concentration of ten-hundredths of one per cent or more by weight 25,875
of alcohol, the person's breath contained a concentration of 25,876
ten-hundredths of one gram or more by weight of alcohol per two 25,877
hundred ten liters of the person's breath, or the person's urine 25,878
contained a concentration of fourteen-hundredths of one gram or 25,880
more by weight of alcohol per one hundred milliliters of the 25,881
person's urine at the time of the alleged offense, the arresting 25,883
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 25,885
suspension upon the person that advises the person that, 25,886
independent of any penalties or sanctions imposed upon the person 25,888
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 25,890
license or permit or nonresident operating privilege is 25,891
600
suspended, that the suspension takes effect immediately, that the 25,892
suspension will last at least until the person's initial 25,893
appearance on the charge that will be held within five days after 25,895
the date of the person's arrest or the issuance of a citation to 25,897
the person, and that the person may appeal the suspension at the 25,899
initial appearance; seize the Ohio or out-of-state driver's or 25,900
commercial driver's license or permit of the person; and 25,901
immediately forward the seized license or permit to the 25,902
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 25,903
self or in the person's vehicle, the arresting officer shall 25,905
order the person to surrender it to the law enforcement agency 25,906
that employs the officer within twenty-four hours after the 25,907
service of the notice of suspension, and, upon the surrender, the 25,908
officer's employing agency immediately shall forward the license 25,909
or permit to the registrar. 25,910
(b) Verify the current residence of the person and, if it 25,912
differs from that on the person's driver's or commercial driver's 25,913
license or permit, notify the registrar of the change; 25,914
(c) In addition to forwarding the arrested person's 25,916
driver's or commercial driver's license or permit to the 25,917
registrar, send to the registrar, within forty-eight hours after 25,918
the arrest of the person, a sworn report that includes all of the 25,919
following statements: 25,920
(i) That the officer had reasonable grounds to believe 25,922
that, at the time of the arrest, the arrested person was 25,923
operating a vehicle upon a highway or public or private property 25,924
used by the public for vehicular travel or parking within this 25,925
state while under the influence of alcohol, a drug of abuse, or 25,926
alcohol and a drug of abuse or with a prohibited concentration of 25,927
alcohol in the blood, breath, or urine; 25,928
(ii) That the person was arrested and charged with 25,930
operating a vehicle while under the influence of alcohol, a drug 25,931
of abuse, or alcohol and a drug of abuse or with operating a 25,932
601
vehicle with a prohibited concentration of alcohol in the blood, 25,933
breath, or urine; 25,934
(iii) That the officer asked the person to take the 25,936
designated chemical test, advised the person of the consequences 25,937
of submitting to the chemical test or refusing to take the 25,938
chemical test, and gave the person the form described in division 25,939
(C)(2) of this section; 25,940
(iv) That the person refused to submit to the chemical 25,942
test or that the person submitted to the chemical test and the 25,943
test results indicate that the person's blood contained a 25,944
concentration of ten-hundredths of one per cent or more by weight 25,946
of alcohol, the person's breath contained a concentration of 25,947
ten-hundredths of one gram or more by weight of alcohol per two 25,948
hundred ten liters of the person's breath, or the person's urine 25,949
contained a concentration of fourteen-hundredths of one gram or 25,951
more by weight of alcohol per one hundred milliliters of the 25,952
person's urine at the time of the alleged offense; 25,954
(v) That the officer served a notice of suspension upon 25,956
the person as described in division (D)(1)(a) of this section. 25,957
(2) The sworn report of an arresting officer completed 25,959
under division (D)(1)(c) of this section shall be given by the 25,960
officer to the arrested person at the time of the arrest or sent 25,961
to the person by regular first class mail by the registrar as 25,962
soon thereafter as possible, but no later than fourteen days 25,963
after receipt of the report. An arresting officer may give an 25,964
unsworn report to the arrested person at the time of the arrest 25,965
provided the report is complete when given to the arrested person 25,966
and subsequently is sworn to by the arresting officer. As soon 25,967
as possible, but no later than forty-eight hours after the arrest 25,968
of the person, the arresting officer shall send a copy of the 25,969
sworn report to the court in which the arrested person is to 25,970
appear on the charge for which the person was arrested. 25,971
(3) The sworn report of an arresting officer completed and 25,973
sent to the registrar and the court under divisions (D)(1)(c) and 25,974
602
(D)(2) of this section is prima-facie proof of the information 25,975
and statements that it contains and shall be admitted and 25,976
considered as prima-facie proof of the information and statements 25,977
that it contains in any appeal under division (H) of this section 25,978
relative to any suspension of a person's driver's or commercial 25,979
driver's license or permit or nonresident operating privilege 25,980
that results from the arrest covered by the report. 25,981
(E)(1) Upon receipt of the sworn report of an arresting 25,983
officer completed and sent to the registrar and a court pursuant 25,984
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 25,985
person who refused to take the designated chemical test, the 25,986
registrar shall enter into the registrar's records the fact that 25,988
the person's driver's or commercial driver's license or permit or 25,989
nonresident operating privilege was suspended by the arresting 25,990
officer under division (D)(1)(a) of this section and the period 25,991
of the suspension, as determined under divisions (E)(1)(a) to (d) 25,992
of this section. The suspension shall be subject to appeal as 25,993
provided in this section and shall be for whichever of the 25,994
following periods applies: 25,995
(a) If the arrested person, within five years of the date 25,997
on which the person refused the request to consent to the 25,998
chemical test, had not refused a previous request to consent to a 26,000
chemical test of the person's blood, breath, or urine to 26,001
determine its alcohol content, the period of suspension shall be 26,003
one year. If the person is a resident without a license or 26,004
permit to operate a vehicle within this state, the registrar 26,005
shall deny to the person the issuance of a driver's or commercial 26,006
driver's license or permit for a period of one year after the 26,007
date of the alleged violation.
(b) If the arrested person, within five years of the date 26,009
on which the person refused the request to consent to the 26,010
chemical test, had refused one previous request to consent to a 26,012
chemical test of the person's blood, breath, or urine to 26,013
determine its alcohol content, the period of suspension or denial 26,015
603
shall be two years.
(c) If the arrested person, within five years of the date 26,017
on which the person refused the request to consent to the 26,018
chemical test, had refused two previous requests to consent to a 26,020
chemical test of the person's blood, breath, or urine to 26,021
determine its alcohol content, the period of suspension or denial 26,023
shall be three years.
(d) If the arrested person, within five years of the date 26,025
on which the person refused the request to consent to the 26,026
chemical test, had refused three or more previous requests to 26,028
consent to a chemical test of the person's blood, breath, or 26,029
urine to determine its alcohol content, the period of suspension 26,031
or denial shall be five years. 26,032
(2) The suspension or denial imposed under division (E)(1) 26,034
of this section shall continue for the entire one-year, two-year, 26,035
three-year, or five-year period, subject to appeal as provided in 26,036
this section and subject to termination as provided in division 26,037
(K) of this section. 26,038
(F) Upon receipt of the sworn report of an arresting 26,040
officer completed and sent to the registrar and a court pursuant 26,041
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 26,042
person whose test results indicate that the person's blood 26,043
contained a concentration of ten-hundredths of one per cent or 26,045
more by weight of alcohol, the person's breath contained a 26,046
concentration of ten-hundredths of one gram or more by weight of 26,047
alcohol per two hundred ten liters of the person's breath, or the 26,049
person's urine contained a concentration of fourteen-hundredths 26,050
of one gram or more by weight of alcohol per one hundred 26,051
milliliters of the person's urine at the time of the alleged 26,052
offense, the registrar shall enter into the registrar's records 26,053
the fact that the person's driver's or commercial driver's 26,055
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 26,056
this section and the period of the suspension, as determined 26,057
604
under divisions (F)(1) to (4) of this section. The suspension 26,058
shall be subject to appeal as provided in this section and shall 26,059
be for whichever of the following periods that applies: 26,060
(1) Except when division (F)(2), (3), or (4) of this 26,062
section applies and specifies a different period of suspension or 26,063
denial, the period of the suspension or denial shall be ninety 26,064
days.
(2) If the person has been convicted, within six years of 26,066
the date the test was conducted, of one violation of division (A) 26,069
or (B) of section 4511.19 of the Revised Code, a municipal 26,070
ordinance relating to operating a vehicle while under the 26,071
influence of alcohol, a drug of abuse, or alcohol and a drug of 26,072
abuse, a municipal ordinance relating to operating a vehicle with 26,073
a prohibited concentration of alcohol in the blood, breath, or 26,074
urine, section 2903.04 of the Revised Code in a case in which the 26,075
offender was subject to the sanctions described in division (D) 26,076
of that section, or section 2903.06, 2903.07, or 2903.08 of the 26,077
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 26,078
the jury or judge found that at the time of the commission of the 26,079
offense the offender was under the influence of alcohol, a drug 26,080
of abuse, or alcohol and a drug of abuse, or a statute of the 26,081
United States or of any other state or a municipal ordinance of a 26,082
municipal corporation located in any other state that is 26,083
substantially similar to division (A) or (B) of section 4511.19 26,084
of the Revised Code, the period of the suspension or denial shall 26,085
be one year.
(3) If the person has been convicted, within six years of 26,087
the date the test was conducted, of two violations of a statute 26,088
or ordinance described in division (F)(2) of this section, the 26,090
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 26,092
the date the test was conducted, of more than two violations of a 26,093
statute or ordinance described in division (F)(2) of this 26,094
605
section, the period of the suspension or denial shall be three 26,095
years. 26,096
(G)(1) A suspension of a person's driver's or commercial 26,098
driver's license or permit or nonresident operating privilege 26,099
under division (D)(1)(a) of this section for the period of time 26,100
described in division (E) or (F) of this section is effective 26,101
immediately from the time at which the arresting officer serves 26,102
the notice of suspension upon the arrested person. Any 26,103
subsequent finding that the person is not guilty of the charge 26,104
that resulted in the person being requested to take, or in the 26,106
person taking, the chemical test or tests under division (A) of 26,107
this section affects the suspension only as described in division 26,108
(H)(2) of this section. 26,109
(2) If a person is arrested for operating a vehicle while 26,111
under the influence of alcohol, a drug of abuse, or alcohol and a 26,112
drug of abuse or for operating a vehicle with a prohibited 26,113
concentration of alcohol in the blood, breath, or urine and 26,114
regardless of whether the person's driver's or commercial 26,115
driver's license or permit or nonresident operating privilege is 26,116
or is not suspended under division (E) or (F) of this section, 26,117
the person's initial appearance on the charge resulting from the 26,118
arrest shall be held within five days of the person's arrest or 26,119
the issuance of the citation to the person, subject to any 26,120
continuance granted by the court pursuant to division (H)(1) of 26,122
this section regarding the issues specified in that division. 26,123
(H)(1) If a person is arrested for operating a vehicle 26,125
while under the influence of alcohol, a drug of abuse, or alcohol 26,126
and a drug of abuse or for operating a vehicle with a prohibited 26,127
concentration of alcohol in the blood, breath, or urine and if 26,128
the person's driver's or commercial driver's license or permit or 26,129
nonresident operating privilege is suspended under division (E) 26,130
or (F) of this section, the person may appeal the suspension at 26,131
the person's initial appearance on the charge resulting from the 26,134
arrest in the court in which the person will appear on that 26,135
606
charge. If the person appeals the suspension at the person's 26,136
initial appearance, the appeal does not stay the operation of the 26,137
suspension. Subject to division (H)(2) of this section, no court 26,138
has jurisdiction to grant a stay of a suspension imposed under 26,139
division (E) or (F) of this section, and any order issued by any 26,140
court that purports to grant a stay of any suspension imposed 26,141
under either of those divisions shall not be given administrative 26,142
effect.
If the person appeals the suspension at the person's 26,144
initial appearance, either the person or the registrar may 26,145
request a continuance of the appeal. Either the person or the 26,147
registrar shall make the request for a continuance of the appeal 26,148
at the same time as the making of the appeal. If either the 26,149
person or the registrar requests a continuance of the appeal, the 26,150
court may grant the continuance. The court also may continue the 26,151
appeal on its own motion. The granting of a continuance applies 26,152
only to the conduct of the appeal of the suspension and does not 26,153
extend the time within which the initial appearance must be 26,154
conducted, and the court shall proceed with all other aspects of 26,155
the initial appearance in accordance with its normal procedures. 26,156
Neither the request for nor the granting of a continuance stays 26,157
the operation of the suspension that is the subject of the 26,158
appeal.
If the person appeals the suspension at the person's 26,160
initial appearance, the scope of the appeal is limited to 26,161
determining whether one or more of the following conditions have 26,162
not been met: 26,163
(a) Whether the law enforcement officer had reasonable 26,165
ground to believe the arrested person was operating a vehicle 26,166
upon a highway or public or private property used by the public 26,167
for vehicular travel or parking within this state while under the 26,168
influence of alcohol, a drug of abuse, or alcohol and a drug of 26,169
abuse or with a prohibited concentration of alcohol in the blood, 26,170
breath, or urine and whether the arrested person was in fact 26,171
607
placed under arrest; 26,172
(b) Whether the law enforcement officer requested the 26,174
arrested person to submit to the chemical test designated 26,175
pursuant to division (A) of this section; 26,176
(c) Whether the arresting officer informed the arrested 26,178
person of the consequences of refusing to be tested or of 26,179
submitting to the test; 26,180
(d) Whichever of the following is applicable: 26,182
(i) Whether the arrested person refused to submit to the 26,184
chemical test requested by the officer; 26,185
(ii) Whether the chemical test results indicate that the 26,187
arrested person's blood contained a concentration of 26,188
ten-hundredths of one per cent or more by weight of alcohol, the 26,190
person's breath contained a concentration of ten-hundredths of 26,192
one gram or more by weight of alcohol per two hundred ten liters 26,193
of the person's breath, or the person's urine contained a 26,194
concentration of fourteen-hundredths of one gram or more by 26,196
weight of alcohol per one hundred milliliters of the person's 26,197
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 26,199
appearance, the judge or referee of the court or the mayor of the 26,200
mayor's court shall determine whether one or more of the 26,201
conditions specified in divisions (H)(1)(a) to (d) of this 26,202
section have not been met. The person who appeals the suspension 26,203
has the burden of proving, by a preponderance of the evidence, 26,204
that one or more of the specified conditions has not been met. 26,205
If during the appeal at the initial appearance the judge or 26,206
referee of the court or the mayor of the mayor's court determines 26,207
that all of those conditions have been met, the judge, referee, 26,208
or mayor shall uphold the suspension, shall continue the 26,209
suspension, and shall notify the registrar of the decision on a 26,210
form approved by the registrar. Except as otherwise provided in 26,211
division (H)(2) of this section, if the suspension is upheld or 26,212
if the person does not appeal the suspension at the person's 26,213
608
initial appearance under division (H)(1) of this section, the 26,214
suspension shall continue until the complaint alleging the 26,215
violation for which the person was arrested and in relation to 26,216
which the suspension was imposed is adjudicated on the merits by 26,217
the judge or referee of the trial court or by the mayor of the 26,218
mayor's court. If the suspension was imposed under division (E) 26,219
of this section and it is continued under this division, any 26,220
subsequent finding that the person is not guilty of the charge 26,221
that resulted in the person being requested to take the chemical 26,222
test or tests under division (A) of this section does not 26,223
terminate or otherwise affect the suspension. If the suspension 26,224
was imposed under division (F) of this section and it is 26,225
continued under this division, the suspension shall terminate if, 26,226
for any reason, the person subsequently is found not guilty of 26,227
the charge that resulted in the person taking the chemical test 26,228
or tests under division (A) of this section. 26,229
If, during the appeal at the initial appearance, the judge 26,231
or referee of the trial court or the mayor of the mayor's court 26,232
determines that one or more of the conditions specified in 26,233
divisions (H)(1)(a) to (d) of this section have not been met, the 26,234
judge, referee, or mayor shall terminate the suspension, subject 26,235
to the imposition of a new suspension under division (B) of 26,236
section 4511.196 of the Revised Code; shall notify the registrar 26,237
of the decision on a form approved by the registrar; and, except 26,238
as provided in division (B) of section 4511.196 of the Revised 26,240
Code, shall order the registrar to return the driver's or 26,241
commercial driver's license or permit to the person or to take 26,242
such measures as may be necessary, if the license or permit was 26,243
destroyed under section 4507.55 of the Revised Code, to permit 26,244
the person to obtain a replacement driver's or commercial 26,245
driver's license or permit from the registrar or a deputy 26,246
registrar in accordance with that section. The court also shall 26,247
issue to the person a court order, valid for not more than ten 26,248
days from the date of issuance, granting the person operating 26,249
609
privileges for that period of time.
If the person appeals the suspension at the initial 26,251
appearance, the registrar shall be represented by the prosecuting 26,252
attorney of the county in which the arrest occurred if the 26,253
initial appearance is conducted in a juvenile court or county 26,254
court, except that if the arrest occurred within a city or 26,255
village within the jurisdiction of the county court in which the 26,256
appeal is conducted, the city director of law or village 26,257
solicitor of that city or village shall represent the registrar. 26,258
If the appeal is conducted in a municipal court, the registrar 26,259
shall be represented as provided in section 1901.34 of the 26,260
Revised Code. If the appeal is conducted in a mayor's court, the 26,261
registrar shall be represented by the city director of law, 26,262
village solicitor, or other chief legal officer of the municipal 26,263
corporation that operates that mayor's court. 26,264
(I)(1) If a person's driver's or commercial driver's 26,266
license or permit or nonresident operating privilege has been 26,267
suspended pursuant to division (E) of this section, and the 26,268
person, within the preceding seven years, has refused three 26,269
previous requests to consent to a chemical test of the person's 26,271
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 26,272
of division (A) or (B) of section 4511.19 of the Revised Code, a 26,273
municipal ordinance relating to operating a vehicle while under 26,274
the influence of alcohol, a drug of abuse, or alcohol and a drug 26,275
of abuse, a municipal ordinance relating to operating a vehicle 26,276
with a prohibited concentration of alcohol in the blood, breath, 26,277
or urine, section 2903.04 of the Revised Code in a case in which 26,278
the person was subject to the sanctions described in division (D) 26,279
of that section, or section 2903.06, 2903.07, or 2903.08 of the 26,280
Revised Code or a municipal ordinance that is substantially 26,281
similar to section 2903.07 of the Revised Code in a case in which 26,282
the jury or judge found that the person was under the influence 26,283
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 26,284
610
statute of the United States or of any other state or a municipal 26,285
ordinance of a municipal corporation located in any other state 26,286
that is substantially similar to division (A) or (B) of section 26,287
4511.19 of the Revised Code, the person is not entitled to 26,288
request, and the court shall not grant to the person, 26,289
occupational driving privileges under this division. Any other 26,290
person whose driver's or commercial driver's license or 26,291
nonresident operating privilege has been suspended pursuant to 26,292
division (E) of this section may file a petition requesting 26,293
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 26,294
is a minor, juvenile court with jurisdiction over the related 26,296
criminal or delinquency case. The petition may be filed at any 26,297
time subsequent to the date on which the notice of suspension is 26,298
served upon the arrested person. The person shall pay the costs 26,299
of the proceeding, notify the registrar of the filing of the 26,300
petition, and send the registrar a copy of the petition. 26,301
In the proceedings, the registrar shall be represented by 26,303
the prosecuting attorney of the county in which the arrest 26,304
occurred if the petition is filed in the juvenile court, county 26,305
court, or common pleas court, except that, if the arrest occurred 26,306
within a city or village within the jurisdiction of the county 26,308
court in which the petition is filed, the city director of law or 26,309
village solicitor of that city or village shall represent the 26,310
registrar. If the petition is filed in the municipal court, the 26,311
registrar shall be represented as provided in section 1901.34 of 26,312
the Revised Code. If the petition is filed in a mayor's court, 26,313
the registrar shall be represented by the city director of law, 26,314
village solicitor, or other chief legal officer of the municipal 26,315
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 26,317
suspension would seriously affect the person's ability to 26,318
continue in the person's employment, may grant the person 26,319
occupational driving privileges during the period of suspension 26,321
611
imposed pursuant to division (E) of this section, subject to the 26,322
limitations contained in this division and division (I)(2) of 26,323
this section. The court may grant the occupational driving 26,324
privileges, subject to the limitations contained in this division 26,325
and division (I)(2) of this section, regardless of whether the 26,326
person appeals the suspension at the person's initial appearance 26,328
under division (H)(1) of this section or appeals the decision of 26,329
the court made pursuant to the appeal conducted at the initial 26,330
appearance, and, if the person has appealed the suspension or 26,331
decision, regardless of whether the matter at issue has been 26,332
heard or decided by the court. The court shall not grant 26,333
occupational driving privileges to any person who, within seven 26,334
years of the filing of the petition, has refused three previous 26,335
requests to consent to a chemical test of the person's blood, 26,337
breath, or urine to determine its alcohol content or has been 26,338
convicted of or pleaded guilty to three or more violations of 26,339
division (A) or (B) of section 4511.19 of the Revised Code, a 26,340
municipal ordinance relating to operating a vehicle while under 26,341
the influence of alcohol, a drug of abuse, or alcohol and a drug 26,342
of abuse, a municipal ordinance relating to operating a vehicle 26,343
with a prohibited concentration of alcohol in the blood, breath, 26,344
or urine, section 2903.04 of the Revised Code in a case in which 26,345
the person was subject to the sanctions described in division (D) 26,346
of that section, or section 2903.06, 2903.07, or 2903.08 of the 26,347
Revised Code or a municipal ordinance that is substantially 26,348
similar to section 2903.07 of the Revised Code in a case in which 26,349
the jury or judge found that the person was under the influence 26,350
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 26,351
statute of the United States or of any other state or a municipal 26,352
ordinance of a municipal corporation located in any other state 26,353
that is substantially similar to division (A) or (B) of section 26,354
4511.19 of the Revised Code, and shall not grant occupational 26,355
driving privileges for employment as a driver of commercial motor 26,356
vehicles to any person who is disqualified from operating a 26,357
612
commercial motor vehicle under section 2301.374 or 4506.16 of the 26,358
Revised Code.
(2)(a) In granting occupational driving privileges under 26,360
division (I)(1) of this section, the court may impose any 26,361
condition it considers reasonable and necessary to limit the use 26,362
of a vehicle by the person. The court shall deliver to the 26,363
person a permit card, in a form to be prescribed by the court, 26,364
setting forth the time, place, and other conditions limiting the 26,365
defendant's use of a vehicle. The grant of occupational driving 26,366
privileges shall be conditioned upon the person's having the 26,367
permit in the person's possession at all times during which the 26,369
person is operating a vehicle. 26,370
A person granted occupational driving privileges who 26,372
operates a vehicle for other than occupational purposes, in 26,373
violation of any condition imposed by the court, or without 26,374
having the permit in the person's possession, is guilty of a 26,375
violation of section 4507.02 of the Revised Code. 26,377
(b) The court may not grant a person occupational driving 26,379
privileges under division (I)(1) of this section when prohibited 26,380
by a limitation contained in that division or during any of the 26,381
following periods of time: 26,382
(i) The first thirty days of suspension imposed upon a 26,384
person who, within five years of the date on which the person 26,385
refused the request to consent to a chemical test of the person's 26,387
blood, breath, or urine to determine its alcohol content and for 26,389
which refusal the suspension was imposed, had not refused a 26,390
previous request to consent to a chemical test of the person's 26,391
blood, breath, or urine to determine its alcohol content; 26,393
(ii) The first ninety days of suspension imposed upon a 26,395
person who, within five years of the date on which the person 26,396
refused the request to consent to a chemical test of the person's 26,398
blood, breath, or urine to determine its alcohol content and for 26,400
which refusal the suspension was imposed, had refused one 26,401
previous request to consent to a chemical test of the person's 26,402
613
blood, breath, or urine to determine its alcohol content; 26,404
(iii) The first year of suspension imposed upon a person 26,406
who, within five years of the date on which the person refused 26,408
the request to consent to a chemical test of the person's blood, 26,410
breath, or urine to determine its alcohol content and for which 26,411
refusal the suspension was imposed, had refused two previous 26,412
requests to consent to a chemical test of the person's blood, 26,413
breath, or urine to determine its alcohol content; 26,415
(iv) The first three years of suspension imposed upon a 26,417
person who, within five years of the date on which the person 26,418
refused the request to consent to a chemical test of the person's 26,420
blood, breath, or urine to determine its alcohol content and for 26,422
which refusal the suspension was imposed, had refused three or 26,423
more previous requests to consent to a chemical test of the 26,424
person's blood, breath, or urine to determine its alcohol 26,426
content.
(3) The court shall give information in writing of any 26,428
action taken under this section to the registrar. 26,429
(4) If a person's driver's or commercial driver's license 26,431
or permit or nonresident operating privilege has been suspended 26,432
pursuant to division (F) of this section, and the person, within 26,433
the preceding seven years, has been convicted of or pleaded 26,434
guilty to three or more violations of division (A) or (B) of 26,435
section 4511.19 of the Revised Code, a municipal ordinance 26,436
relating to operating a vehicle while under the influence of 26,437
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 26,438
municipal ordinance relating to operating a vehicle with a 26,439
prohibited concentration of alcohol in the blood, breath, or 26,440
urine, section 2903.04 of the Revised Code in a case in which the 26,441
person was subject to the sanctions described in division (D) of 26,442
that section, or section 2903.06, 2903.07, or 2903.08 of the 26,443
Revised Code or a municipal ordinance that is substantially 26,444
similar to section 2903.07 of the Revised Code in a case in which 26,445
the jury or judge found that the person was under the influence 26,446
614
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 26,447
statute of the United States or of any other state or a municipal 26,448
ordinance of a municipal corporation located in any other state 26,450
that is substantially similar to division (A) or (B) of section 26,451
4511.19 of the Revised Code, the person is not entitled to 26,452
request, and the court shall not grant to the person, 26,453
occupational driving privileges under this division. Any other 26,454
person whose driver's or commercial driver's license or 26,455
nonresident operating privilege has been suspended pursuant to 26,456
division (F) of this section may file in the court specified in 26,457
division (I)(1) of this section a petition requesting 26,458
occupational driving privileges in accordance with section 26,459
4507.16 of the Revised Code. The petition may be filed at any 26,460
time subsequent to the date on which the arresting officer serves 26,461
the notice of suspension upon the arrested person. Upon the 26,462
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 26,463
The court may grant the occupational driving privileges, subject 26,464
to the limitations contained in section 4507.16 of the Revised 26,465
Code, regardless of whether the person appeals the suspension at 26,466
the person's initial appearance under division (H)(1) of this 26,468
section or appeals the decision of the court made pursuant to the 26,469
appeal conducted at the initial appearance, and, if the person 26,470
has appealed the suspension or decision, regardless of whether 26,471
the matter at issue has been heard or decided by the court. 26,472
(J) When it finally has been determined under the 26,474
procedures of this section that a nonresident's privilege to 26,475
operate a vehicle within this state has been suspended, the 26,476
registrar shall give information in writing of the action taken 26,477
to the motor vehicle administrator of the state of the person's 26,478
residence and of any state in which the person has a license. 26,479
(K) A suspension of the driver's or commercial driver's 26,481
license or permit of a resident, a suspension of the operating 26,482
privilege of a nonresident, or a denial of a driver's or 26,483
615
commercial driver's license or permit pursuant to division (E) or 26,485
(F) of this section shall be terminated by the registrar upon 26,487
receipt of notice of the person's entering a plea of guilty to, 26,488
or of the person's conviction of, operating a vehicle while under 26,490
the influence of alcohol, a drug of abuse, or alcohol and a drug 26,491
of abuse or with a prohibited concentration of alcohol in the 26,492
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 26,493
incident that led to the suspension or denial. 26,494
The registrar shall credit against any judicial suspension 26,496
of a person's driver's or commercial driver's license or permit 26,497
or nonresident operating privilege imposed pursuant to division 26,498
(B) or (E) of section 4507.16 of the Revised Code any time during 26,499
which the person serves a related suspension imposed pursuant to 26,500
division (E) or (F) of this section. 26,501
(L) At the end of a suspension period under this section, 26,503
section 4511.196, or division (B) of section 4507.16 of the 26,504
Revised Code and upon the request of the person whose driver's or 26,505
commercial driver's license or permit was suspended and who is 26,506
not otherwise subject to suspension, revocation, or 26,507
disqualification, the registrar shall return the driver's or 26,508
commercial driver's license or permit to the person upon the 26,509
person's compliance with all of the conditions specified in 26,511
divisions (L)(1) and (2) of this section: 26,512
(1) A showing by the person that the person has proof of 26,514
financial responsibility, a policy of liability insurance in 26,516
effect that meets the minimum standards set forth in section 26,517
4509.51 of the Revised Code, or proof, to the satisfaction of the 26,518
registrar, that the person is able to respond in damages in an 26,519
amount at least equal to the minimum amounts specified in section 26,520
4509.51 of the Revised Code. 26,521
(2) Subject to the limitation contained in division (L)(3) 26,524
of this section, payment by the person of a license reinstatement 26,525
fee of four hundred five dollars to the bureau of motor vehicles, 26,528
616
which fee shall be deposited in the state treasury and credited 26,529
as follows: 26,530
(a) One hundred twelve dollars and fifty cents shall be 26,533
credited to the drivers' STATEWIDE treatment and intervention 26,534
PREVENTION fund, which is hereby established CREATED BY SECTION 26,535
4301.30 OF THE REVISED CODE. The fund shall be used to pay the 26,536
costs of driver treatment and intervention programs operated 26,537
pursuant to sections 3793.02 and 3793.10 of the Revised Code. 26,538
The director of alcohol and drug addiction services shall 26,539
determine the share of the fund that is to be allocated to 26,540
alcohol and drug addiction programs authorized by section 3793.02 26,541
of the Revised Code, and the share of the fund that is to be 26,542
allocated to drivers' intervention programs authorized by section 26,543
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 26,545
reparations fund created by section 2743.191 of the Revised Code. 26,547
(c) Thirty-seven dollars and fifty cents shall be credited 26,550
to the indigent drivers alcohol treatment fund, which is hereby 26,551
established. Except as otherwise provided in division (L)(2)(c) 26,553
of this section, moneys in the fund shall be distributed by the 26,554
department of alcohol and drug addiction services to the county 26,555
indigent drivers alcohol treatment funds, the county juvenile 26,556
indigent drivers alcohol treatment funds, and the municipal 26,557
indigent drivers alcohol treatment funds that are required to be 26,558
established by counties and municipal corporations pursuant to 26,559
division (N) of this section, and shall be used only to pay the 26,560
cost of an alcohol and drug addiction treatment program attended 26,561
by an offender or juvenile traffic offender who is ordered to 26,562
attend an alcohol and drug addiction treatment program by a 26,563
county, juvenile, or municipal court judge and who is determined 26,564
by the county, juvenile, or municipal court judge not to have the 26,565
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 26,566
that division. Moneys in the fund that are not distributed to a 26,568
617
county indigent drivers alcohol treatment fund, a county juvenile 26,569
indigent drivers alcohol treatment fund, or a municipal indigent 26,570
drivers alcohol treatment fund under division (N) of this section 26,571
because the director of alcohol and drug addiction services does 26,572
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 26,573
arrested may be transferred by the director of budget and 26,574
management to the drivers' STATEWIDE treatment and intervention 26,575
PREVENTION fund, created in division (L)(2)(a) of this BY section 26,576
4301.30 OF THE REVISED CODE, upon certification of the amount by 26,577
the director of alcohol and drug addiction services. 26,579
(d) Seventy-five dollars shall be credited to the Ohio 26,581
rehabilitation services commission established by section 3304.12 26,582
of the Revised Code, to the services for rehabilitation fund, 26,583
which is hereby established. The fund shall be used to match 26,584
available federal matching funds where appropriate, and for any 26,585
other purpose or program of the commission to rehabilitate people 26,586
with disabilities to help them become employed and independent. 26,587
(e) Seventy-five dollars shall be deposited into the state 26,590
treasury and credited to the drug abuse resistance education 26,591
programs fund, which is hereby established, to be used by the 26,592
attorney general for the purposes specified in division (L)(4) of 26,594
this section.
(f) Thirty dollars shall be credited to the state bureau 26,596
of motor vehicles fund created by section 4501.25 of the Revised 26,597
Code.
(3) If a person's driver's or commercial driver's license 26,599
or permit is suspended under division (E) or (F) of this section, 26,601
section 4511.196, or division (B) of section 4507.16 of the 26,602
Revised Code, or any combination of the suspensions described in 26,603
division (L)(3) of this section, and if the suspensions arise 26,604
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 26,605
required to pay to the bureau, only one reinstatement fee of four 26,606
618
hundred five dollars. The reinstatement fee shall be distributed 26,607
by the bureau in accordance with division (L)(2) of this section. 26,608
(4) The attorney general shall use amounts in the drug 26,610
abuse resistance education programs fund to award grants to law 26,611
enforcement agencies to establish and implement drug abuse 26,612
resistance education programs in public schools. Grants awarded 26,613
to a law enforcement agency under division (L)(2)(e) of this 26,614
section shall be used by the agency to pay for not more than 26,615
fifty per cent of the amount of the salaries of law enforcement 26,616
officers who conduct drug abuse resistance education programs in 26,617
public schools. The attorney general shall not use more than six 26,618
per cent of the amounts the attorney general's office receives 26,620
under division (L)(2)(e) of this section to pay the costs it 26,621
incurs in administering the grant program established by division 26,622
(L)(2)(e) of this section and in providing training and materials 26,623
relating to drug abuse resistance education programs. 26,624
The attorney general shall report to the governor and the 26,626
general assembly each fiscal year on the progress made in 26,627
establishing and implementing drug abuse resistance education 26,628
programs. These reports shall include an evaluation of the 26,629
effectiveness of these programs. 26,630
(M) Suspension of a commercial driver's license under 26,632
division (E) or (F) of this section shall be concurrent with any 26,633
period of disqualification under section 2301.374 or 4506.16 of 26,634
the Revised Code. No person who is disqualified for life from 26,635
holding a commercial driver's license under section 4506.16 of 26,636
the Revised Code shall be issued a driver's license under Chapter 26,637
4507. of the Revised Code during the period for which the 26,638
commercial driver's license was suspended under division (E) or 26,639
(F) of this section, and no person whose commercial driver's 26,640
license is suspended under division (E) or (F) of this section 26,641
shall be issued a driver's license under that chapter during the 26,642
period of the suspension. 26,643
(N)(1) Each county shall establish an indigent drivers 26,645
619
alcohol treatment fund, each county shall establish a juvenile 26,646
indigent drivers alcohol treatment fund, and each municipal 26,647
corporation in which there is a municipal court shall establish 26,648
an indigent drivers alcohol treatment fund. All revenue that the 26,649
general assembly appropriates to the indigent drivers alcohol 26,650
treatment fund for transfer to a county indigent drivers alcohol 26,651
treatment fund, a county juvenile indigent drivers alcohol 26,652
treatment fund, or a municipal indigent drivers alcohol treatment 26,653
fund, all portions of fees that are paid under division (L) of 26,654
this section and that are credited under that division to the 26,655
indigent drivers alcohol treatment fund in the state treasury for 26,656
a county indigent drivers alcohol treatment fund, a county 26,657
juvenile indigent drivers alcohol treatment fund, or a municipal 26,658
indigent drivers alcohol treatment fund, and all portions of 26,659
fines that are specified for deposit into a county or municipal 26,660
indigent drivers alcohol treatment fund by section 4511.193 of 26,661
the Revised Code shall be deposited into that county indigent 26,662
drivers alcohol treatment fund, county juvenile indigent drivers 26,663
alcohol treatment fund, or municipal indigent drivers alcohol 26,664
treatment fund in accordance with division (N)(2) of this 26,665
section. Additionally, all portions of fines that are paid for a 26,666
violation of section 4511.19 of the Revised Code or division 26,667
(B)(2) of section 4507.02 of the Revised Code, and that are 26,668
required under division (A)(1) or (2) of section 4511.99 or 26,669
division (B)(5) of section 4507.99 of the Revised Code to be 26,670
deposited into a county indigent drivers alcohol treatment fund 26,671
or municipal indigent drivers alcohol treatment fund shall be 26,672
deposited into the appropriate fund in accordance with the 26,673
applicable division. 26,674
(2) That portion of the license reinstatement fee that is 26,676
paid under division (L) of this section and that is credited 26,677
under that division to the indigent drivers alcohol treatment 26,678
fund shall be deposited into a county indigent drivers alcohol 26,679
treatment fund, a county juvenile indigent drivers alcohol 26,680
620
treatment fund, or a municipal indigent drivers alcohol treatment 26,681
fund as follows: 26,682
(a) If the suspension in question was imposed under this 26,684
section, that portion of the fee shall be deposited as follows: 26,685
(i) If the fee is paid by a person who was charged in a 26,687
county court with the violation that resulted in the suspension, 26,688
the portion shall be deposited into the county indigent drivers 26,689
alcohol treatment fund under the control of that court; 26,690
(ii) If the fee is paid by a person who was charged in a 26,692
juvenile court with the violation that resulted in the 26,693
suspension, the portion shall be deposited into the county 26,694
juvenile indigent drivers alcohol treatment fund established in 26,695
the county served by the court; 26,696
(iii) If the fee is paid by a person who was charged in a 26,698
municipal court with the violation that resulted in the 26,699
suspension, the portion shall be deposited into the municipal 26,700
indigent drivers alcohol treatment fund under the control of that 26,701
court. 26,702
(b) If the suspension in question was imposed under 26,704
division (B) of section 4507.16 of the Revised Code, that portion 26,705
of the fee shall be deposited as follows: 26,706
(i) If the fee is paid by a person whose license or permit 26,708
was suspended by a county court, the portion shall be deposited 26,709
into the county indigent drivers alcohol treatment fund under the 26,710
control of that court; 26,711
(ii) If the fee is paid by a person whose license or 26,713
permit was suspended by a municipal court, the portion shall be 26,714
deposited into the municipal indigent drivers alcohol treatment 26,715
fund under the control of that court. 26,716
(3) Expenditures from a county indigent drivers alcohol 26,718
treatment fund, a county juvenile indigent drivers alcohol 26,719
treatment fund, or a municipal indigent drivers alcohol treatment 26,720
fund shall be made only upon the order of a county, juvenile, or 26,721
municipal court judge and only for payment of the cost of the 26,722
621
attendance at an alcohol and drug addiction treatment program of 26,723
a person who is convicted of, or found to be a juvenile traffic 26,724
offender by reason of, a violation of division (A) of section 26,725
4511.19 of the Revised Code or a substantially similar municipal 26,726
ordinance, who is ordered by the court to attend the alcohol and 26,727
drug addiction treatment program, and who is determined by the 26,728
court to be unable to pay the cost of attendance at the treatment 26,730
program or for payment of the costs specified in division (N)(4) 26,731
of this section in accordance with that division. The alcohol 26,732
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 26,734
section 340.02 or 340.021 of the Revised Code and serving the 26,736
alcohol, drug addiction, and mental health service district in 26,737
which the court is located shall administer the indigent drivers 26,738
alcohol treatment program of the court. When a court orders an 26,739
offender or juvenile traffic offender to attend an alcohol and 26,740
drug addiction treatment program, the board shall determine which 26,741
program is suitable to meet the needs of the offender or juvenile 26,742
traffic offender, and when a suitable program is located and 26,743
space is available at the program, the offender or juvenile 26,744
traffic offender shall attend the program designated by the 26,745
board. A reasonable amount not to exceed five per cent of the 26,746
amounts credited to and deposited into the county indigent 26,747
drivers alcohol treatment fund, the county juvenile indigent 26,748
drivers alcohol treatment fund, or the municipal indigent drivers 26,749
alcohol treatment fund serving every court whose program is 26,750
administered by that board shall be paid to the board to cover 26,751
the costs it incurs in administering those indigent drivers 26,752
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 26,754
in consultation with the alcohol and drug addiction services 26,755
board or the board of alcohol, drug addiction, and mental health 26,756
services established pursuant to section 340.02 or 340.021 of the 26,757
Revised Code and serving the alcohol, drug addiction, and mental 26,759
622
health district in which the court is located, that the funds in 26,760
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 26,761
municipal indigent drivers alcohol treatment fund under the 26,762
control of the court are more than sufficient to satisfy the 26,763
purpose for which the fund was established, as specified in 26,764
divisions (N)(1) to (3) of this section, the court may declare a 26,765
surplus in the fund. If the court declares a surplus in the 26,766
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 26,767
who are charged in the court with committing a criminal offense 26,768
or with being a delinquent child or juvenile traffic offender and 26,769
in relation to whom both of the following apply: 26,770
(a) The court determines that substance abuse was a 26,772
contributing factor leading to the criminal or delinquent 26,773
activity or the juvenile traffic offense with which the person is 26,774
charged.
(b) The court determines that the person is unable to pay 26,777
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 26,778
Sec. 4511.83. (A) As used in this section: 26,787
(1) "Ignition interlock device" means a device that 26,789
connects a breath analyzer to a motor vehicle's ignition system, 26,790
that is constantly available to monitor the concentration by 26,791
weight of alcohol in the breath of any person attempting to start 26,792
that motor vehicle by using its ignition system, and that deters 26,793
starting the motor vehicle by use of its ignition system unless 26,794
the person attempting to so start the vehicle provides an 26,795
appropriate breath sample for the device and the device 26,796
determines that the concentration by weight of alcohol in the 26,797
person's breath is below a preset level. 26,798
(2) "Offender with restricted driving privileges" means an 26,800
offender who is subject to an order that was issued under 26,801
division (F) of section 4507.16 of the Revised Code as a 26,802
623
condition of the granting of occupational driving privileges or 26,803
an offender whose driving privilege is restricted as a condition 26,804
of probation pursuant to division (G) of section 2951.02 of the 26,806
Revised Code. 26,807
(B)(1) Except in cases of a substantial emergency when no 26,809
other person is reasonably available to drive in response to the 26,810
emergency, no person shall knowingly rent, lease, or lend a motor 26,811
vehicle to any offender with restricted driving privileges, 26,812
unless the vehicle is equipped with a functioning ignition 26,813
interlock device that is certified pursuant to division (D) of 26,814
this section. 26,815
(2) Any offender with restricted driving privileges who 26,817
rents, leases, or borrows a motor vehicle from another person 26,818
shall notify the person who rents, leases, or lends the motor 26,819
vehicle to the offender that the offender has restricted driving 26,821
privileges and of the nature of the restriction. 26,822
(3) Any offender with restricted driving privileges who is 26,824
required to operate a motor vehicle owned by the offender's 26,825
employer in the course and scope of the offender's employment may 26,827
operate that vehicle without the installation of an ignition 26,829
interlock device, provided that the employer has been notified 26,830
that the offender has restricted driving privileges and of the 26,831
nature of the restriction and provided further that the offender 26,832
has proof of the employer's notification in the offender's 26,833
possession while operating the employer's vehicle for normal 26,835
business duties. A motor vehicle owned by a business that is 26,836
partly or entirely owned or controlled by an offender with 26,837
restricted driving privileges is not a motor vehicle owned by an 26,838
employer, for purposes of this division. 26,839
(C) If a court, pursuant to division (F) of section 26,841
4507.16 of the Revised Code, imposes the use of an ignition 26,842
interlock device as a condition of the granting of occupational 26,843
driving privileges, the court shall require the offender to 26,844
provide proof of compliance to the court at least once quarterly 26,845
624
or more frequently as ordered by the court in its discretion. If 26,846
a court imposes the use of an ignition interlock device as a 26,847
condition of probation under division (I) of section 2951.02 of 26,848
the Revised Code, the court shall require the offender to provide 26,849
proof of compliance to the court or probation officer prior to 26,850
issuing any driving privilege or continuing the probation status. 26,851
In either case in which a court imposes the use of such a device, 26,852
the offender, at least once quarterly or more frequently as 26,853
ordered by the court in its discretion, shall have the device 26,854
inspected as ordered by the court for accurate operation and 26,855
shall provide the results of the inspection to the court or, if 26,856
applicable, to the offender's probation officer. 26,857
(D)(1) The director of public safety, upon consultation 26,859
with the director of health and in accordance with Chapter 119. 26,860
of the Revised Code, shall certify ignition interlock devices and 26,861
shall publish and make available to the courts, without charge, a 26,862
list of approved devices together with information about the 26,863
manufacturers of the devices and where they may be obtained. The 26,864
cost of obtaining the certification of an ignition interlock 26,865
device shall be paid by the manufacturer of the device to the 26,866
director of public safety and shall be deposited in the drivers' 26,867
STATEWIDE treatment and intervention PREVENTION fund established 26,869
by section 4511.191 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with 26,871
Chapter 119. of the Revised Code, shall adopt and publish rules 26,872
setting forth the requirements for obtaining the certification of 26,873
an ignition interlock device. No ignition interlock device shall 26,874
be certified by the director of public safety pursuant to 26,875
division (D)(1) of this section unless it meets the requirements 26,876
specified and published by the director in the rules adopted 26,877
pursuant to this division. The requirements shall include 26,878
provisions for setting a minimum and maximum calibration range 26,879
and shall include, but shall not be limited to, specifications 26,880
that the device complies with all of the following: 26,881
625
(a) It does not impede the safe operation of the vehicle. 26,883
(b) It has features that make circumvention difficult and 26,885
that do not interfere with the normal use of the vehicle. 26,886
(c) It correlates well with established measures of 26,888
alcohol impairment. 26,889
(d) It works accurately and reliably in an unsupervised 26,891
environment. 26,892
(e) It is resistant to tampering and shows evidence of 26,894
tampering if tampering is attempted. 26,895
(f) It is difficult to circumvent and requires 26,897
premeditation to do so. 26,898
(g) It minimizes inconvenience to a sober user. 26,900
(h) It requires a proper, deep-lung breath sample or other 26,902
accurate measure of the concentration by weight of alcohol in the 26,903
breath. 26,904
(i) It operates reliably over the range of automobile 26,906
environments. 26,907
(j) It is made by a manufacturer who is covered by product 26,909
liability insurance. 26,910
(3) The director of public safety may adopt, in whole or 26,912
in part, the guidelines, rules, regulations, studies, or 26,913
independent laboratory tests performed and relied upon by other 26,914
states, or their agencies or commissions, in the certification or 26,915
approval of ignition interlock devices. 26,916
(4) The director of public safety shall adopt rules in 26,918
accordance with Chapter 119. of the Revised Code for the design 26,919
of a warning label that shall be affixed to each ignition 26,920
interlock device upon installation. The label shall contain a 26,921
warning that any person tampering, circumventing, or otherwise 26,922
misusing the device is subject to a fine, imprisonment, or both 26,923
and may be subject to civil liability. 26,924
(E)(1) No offender with restricted driving privileges, 26,926
during any period that the offender is required to operate only a 26,928
motor vehicle equipped with an ignition interlock device, shall 26,929
626
request or permit any other person to breathe into the device or 26,930
start a motor vehicle equipped with the device, for the purpose 26,931
of providing the offender with an operable motor vehicle. 26,932
(2)(a) Except as provided in division (E)(2)(b) of this 26,934
section, no person shall breathe into an ignition interlock 26,935
device or start a motor vehicle equipped with an ignition 26,936
interlock device for the purpose of providing an operable motor 26,937
vehicle to an offender with restricted driving privileges. 26,938
(b) Division (E)(2)(a) of this section does not apply to 26,940
an offender with restricted driving privileges who breathes into 26,941
an ignition interlock device or starts a motor vehicle equipped 26,942
with an ignition interlock device for the purpose of providing 26,943
himself or herself THE OFFENDER with an operable motor vehicle. 26,944
(3) No unauthorized person shall tamper with or circumvent 26,946
the operation of an ignition interlock device. 26,947
Sec. 4701.03. (A) The accountancy board annually shall 26,956
elect a president, secretary, and treasurer from its members. The 26,958
board may adopt and amend rules for the orderly conduct of its 26,959
affairs and for the administration of this chapter. The board 26,960
may adopt and amend rules defining the practice of public
accounting, rules of professional conduct appropriate to 26,961
establish and maintain a high standard of integrity and dignity 26,962
in registrants and certificate holders under this chapter, and 26,964
rules regulating the sole proprietorship, partnership, limited 26,965
liability company, professional association, 26,966
corporation-for-profit, or other legal entity practice of public 26,967
accounting. A majority of the board shall constitute a quorum 26,968
for the transaction of business.
(B) The board shall keep and hold open for public 26,970
inspection all records of its proceedings. 26,971
(C) The board may employ any clerks that are necessary to 26,973
assist it in the performance of its duties and the keeping of its 26,974
records. IF THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR, THE 26,975
EXECUTIVE DIRECTOR SHALL BE PAID IN ACCORDANCE WITH PAY RANGE 18 26,976
627
OF SALARY SCHEDULE E-1 LISTED IN SECTION 124.152 OF THE REVISED 26,977
CODE.
Sec. 4701.06. The accountancy board shall grant the 26,986
certificate of "certified public accountant" to any person who 26,988
satisfies the following requirements:
(A) The person is a resident of this state or has a place 26,990
of business in this state or, as an employee, is regularly 26,991
employed in this state. The board may determine by rule 26,993
circumstances under which the residency requirement may be 26,995
waived.
(B) The person has attained the age of eighteen years. 26,998
(C) The person is of good moral character. 27,000
(D) The person meets the following requirements of 27,002
education and experience: 27,003
(1)(a) Prior to January 1, 2000, graduation with a 27,005
baccalaureate degree conferred by a college or university 27,006
recognized by the board, with a concentration in accounting that 27,007
includes related courses in other areas of business 27,008
administration, or what the board determines to be substantially 27,009
the equivalent of the foregoing; 27,010
(b) On and after January 1, 2000, graduation with a 27,012
baccalaureate or higher degree that includes successful 27,013
completion of one hundred fifty semester hours of undergraduate 27,014
or graduate education. The board by rule shall specify graduate 27,016
degrees that satisfy this requirement and also by rule shall 27,018
require any subjects that it considers appropriate. The total 27,019
educational program shall include an accounting concentration 27,020
with related courses in other areas of business administration, 27,021
as defined by board rule. 27,022
(2)(a) The experience requirement for candidates meeting 27,024
the educational requirements set forth in division (D)(1)(a) or 27,025
(b) of this section is one year of experience satisfactory to the 27,027
board in any of the following:
(i) A public accounting firm; 27,029
628
(ii) Government; 27,031
(iii) Business; 27,033
(iv) Academia. 27,035
(b) Except as provided in division (D)(2)(c) of this 27,038
section, the experience requirement for any candidate who, on and 27,039
after January 1, 2000, does not meet the educational requirement 27,040
set forth in division (D)(1)(b) of this section is four years of 27,041
experience described in division (D)(2)(a) of this section. The 27,042
experience requirement for any candidate who, prior to January 1, 27,043
2000, does not meet the educational requirement set forth in 27,044
division (D)(1)(a) of this section is two years of experience 27,045
described in division (D)(2)(a) of this section. 27,046
(c) On and after January 1, 2000, the experience 27,048
requirement for any candidate who, subsequent to obtaining a 27,049
baccalaureate or higher degree, other than a baccalaureate or 27,050
higher degree described in division (D)(1)(b) of this section, 27,051
successfully completes coursework that meets the educational 27,052
requirement set forth in division (D)(1)(b) of this section is 27,053
two years of experience described in division (D)(2)(a) of this 27,054
section. 27,055
(E) The person has passed a written AN examination in 27,057
accounting and auditing and in any related subjects that the 27,060
board determines to be appropriate. The board shall adopt rules, 27,061
consistent with this section, for these examinations and for 27,062
application to take these examinations THAT IS ADMINISTERED IN 27,063
THE MANNER AND THAT COVERS THE SUBJECTS THAT THE BOARD PRESCRIBES 27,064
BY RULE. IN ADOPTING THE RELEVANT RULES, THE BOARD SHALL ENSURE 27,065
TO THE EXTENT POSSIBLE THAT THE EXAMINATION, THE EXAMINATION 27,066
PROCESS, AND THE EXAMINATION'S PASSING STANDARD ARE UNIFORM WITH
THE EXAMINATIONS, EXAMINATION PROCESSES, AND EXAMINATION PASSING 27,067
STANDARDS OF ALL OTHER STATES AND MAY PROVIDE FOR THE USE OF ALL 27,068
OR PARTS OF THE UNIFORM CERTIFIED PUBLIC ACCOUNTANT EXAMINATION 27,069
AND ADVISORY GRADING SERVICE OF THE AMERICAN INSTITUTE OF 27,070
CERTIFIED PUBLIC ACCOUNTANTS. THE BOARD MAY CONTRACT WITH THIRD 27,071
629
PARTIES TO PERFORM ADMINISTRATIVE SERVICES THAT RELATE TO THE 27,072
EXAMINATION AND THAT THE BOARD DETERMINES ARE APPROPRIATE IN
ORDER TO ASSIST THE BOARD IN PERFORMING ITS DUTIES IN RELATION TO 27,073
THE EXAMINATION. 27,074
None of the educational requirements specified in division 27,076
(D) of this section apply to a candidate who has a PA 27,078
registration, but the experience requirement for the candidate 27,079
who does not meet those educational requirements is four years of 27,081
the experience described in division (D)(2)(a) of this section. 27,083
Prior to January 1, 2000, the board shall waive the 27,085
educational requirement set forth in division (D)(1)(a) of this 27,086
section for any candidate if it finds that the candidate has 27,087
attained the equivalent education by attendance at a business 27,088
school, by self-study, or otherwise, and if it is satisfied from 27,089
the results of special written examinations that the board gives 27,091
the candidate to test the candidate's educational qualifications 27,093
that the candidate is as well equipped, educationally, as if the 27,094
candidate met the applicable educational requirement specified in 27,095
division (D)(1)(a) of this section.
On and after January 1, 2000, the board shall waive the 27,097
educational requirement set forth in division (D)(1)(b) of this 27,098
section for any candidate if the board finds that the candidate 27,099
has obtained from an accredited college or university approved by 27,100
the board, either an associate degree or a baccalaureate degree, 27,101
other than a baccalaureate degree described in division (D)(1)(b) 27,102
of this section, with a concentration in accounting that includes 27,103
related courses in other areas of business administration, and if 27,104
the board is satisfied from the results of special written 27,105
examinations that the board gives the candidate to test the 27,107
candidate's educational qualification that the candidate is as 27,108
well equipped, educationally, as if the candidate met the 27,110
applicable educational requirement specified in division 27,111
(D)(1)(b) of this section.
The board shall provide by rule for the general scope of 27,113
630
any special written examinations for a waiver of the educational 27,114
requirements under division (D)(1)(a) or (b) of this section and 27,115
may obtain any advice and assistance that it considers 27,117
appropriate to assist it in preparing and grading those special 27,118
written examinations. The board may use any existing 27,119
examinations or may prepare any number of new examinations to 27,120
assist in determining the equivalent training of a candidate. 27,121
The board by rule shall prescribe any special written 27,122
examinations for a waiver of the educational requirements under 27,123
division (D)(1)(a) or (b) of this section and the passing score 27,124
required for each examination.
The examinations described BOARD SHALL HOLD THE EXAMINATION 27,126
REFERRED TO in division (E) of this section and the special 27,128
written examinations for a waiver of the educational requirements 27,129
under division (D)(1)(a) or (b) of this section shall be held by 27,130
the board and shall take place as often as the board determines 27,131
to be desirable, but the examinations described EXAMINATION 27,132
REFERRED TO in division (E) of this section shall be held not 27,133
less frequently than once each year. The board may make the use 27,134
of all or any part of the uniform certified public accountants' 27,136
examination and advisory grading service, or either, as it 27,137
considers appropriate to assist it in performing its duties under 27,139
this section. The board also may contract with qualified 27,141
organizations for assistance in the administration of any 27,142
examinations. The board by rule may provide for granting credit 27,143
to a candidate for satisfactory completion of a written AN 27,144
examination THAT A LICENSING AUTHORITY OF ANOTHER STATE GAVE in 27,145
one or more of the subjects referred to in division (E) of this 27,148
section given by the licensing authority in any other state. 27,149
A candidate who has met the educational requirements, or 27,151
with respect to whom they either do not apply or have been 27,152
waived, is eligible to take the examination referred to in 27,154
division (E) of this section without waiting until the candidate 27,155
meets the experience requirements, provided the candidate also 27,156
631
meets the requirements of divisions (A) and (C) of this section. 27,158
A candidate for the certificate of certified public 27,160
accountant who has successfully completed the examination under 27,161
division (E) of this section has no status as a certified public 27,162
accountant, unless and until the candidate has the requisite 27,163
experience and has received a certificate as a certified public 27,165
accountant. The board shall determine and charge a fee for
issuing the certificate that is adequate to cover the expense. 27,166
The board by rule may prescribe the terms and conditions 27,168
under which a candidate who passes PART BUT NOT ALL OF the 27,169
examination in one or more of the subjects referred to in 27,171
division (E) of this section may be reexamined in only the 27,173
remaining subjects, with credit for the subjects previously 27,174
passed RETAKE THE EXAMINATION. It also may provide by rule for a 27,176
reasonable waiting period for a candidate's reexamination in a 27,177
subject the candidate has failed. Subject to board rules of 27,178
those types and any other rules that the board may adopt 27,181
governing reexaminations, a candidate is entitled to any number 27,182
of reexaminations under division (E) of this section. No 27,183
candidate shall be required to be reexamined in all subjects 27,184
unless a period of four years has elapsed since the candidate 27,185
initially earned credit on the examination. 27,186
The applicable educational and experience requirements 27,188
under division (D) of this section shall be those in effect on 27,189
the date on which the candidate first sits for the examination. 27,190
The board shall charge a candidate a reasonable fee, to be 27,193
determined by the board, that is adequate to cover all rentals, 27,194
compensation for proctors, and other administrative expenses of 27,195
the board related to examination or reexamination, including the 27,196
expenses of procuring and grading the examination provided for in 27,197
division (E) of this section and for any special written 27,198
examinations for a waiver of the educational requirements under 27,199
division (D)(1)(a) or (b) of this section. Fees for
reexamination under division (E) of this section shall be charged 27,200
632
by the board in amounts determined by it. The applicable fees 27,201
shall be paid by the candidate at the time the candidate applies 27,203
for examination or reexamination.
Any person who has received from the board a certificate as 27,205
a certified public accountant and who holds an Ohio permit shall 27,207
be styled and known as a "certified public accountant" and also 27,208
may use the abbreviation "CPA." The board shall maintain a list 27,210
of certified public accountants. Any certified public accountant 27,211
also may be known as a "public accountant." 27,212
Persons who, on the effective date of an amendment of this 27,214
section, held certified public accountant certificates previously 27,216
issued under the laws of this state shall not be required to 27,218
obtain additional certificates under this section but shall 27,219
otherwise be subject to all provisions of this section, and those 27,221
previously issued certificates, for all purposes, shall be 27,222
considered certificates issued under this section and subject to 27,223
its provisions.
The board may waive the examination under division (E) of 27,225
this section and, upon payment of a fee determined by it, may 27,227
issue a certificate as a "certified public accountant" to any 27,228
person who possesses the qualifications specified in divisions 27,230
(A), (B), and (C) of this section and what the board determines 27,231
to be substantially the equivalent of the applicable 27,232
qualifications under division (D) of this section and who is the 27,233
holder of a certificate as a certified public accountant, then in 27,234
full force and effect, issued under the laws of any state, or is 27,235
the holder of a certificate, license, or degree in a foreign 27,236
country that constitutes a recognized qualification for the 27,237
practice of public accounting in that country, that is comparable 27,240
to that of a certified public accountant of this state, and that 27,241
is then in full force and effect. 27,243
Sec. 4703.36. (A) The state board of landscape architect 27,252
examiners shall register as a landscape architect each applicant 27,253
who demonstrates to the satisfaction of the board that the 27,254
633
applicant has met all requirements of section 4703.34 of the 27,255
Revised Code, or in lieu thereof, has complied with the 27,256
provisions of section 4703.341 or 4703.35 of the Revised Code. 27,257
The certificate issued to each individual shall be prima-facie 27,258
evidence of the right of the individual to whom it is issued to 27,259
represent himself or herself SELF as a landscape architect and to 27,261
enter the practice of landscape architecture, subject to sections 27,262
4703.30 to 4703.49 of the Revised Code. 27,263
(B) Each certificate of qualification issued and 27,265
registered shall authorize the holder to practice landscape 27,266
architecture as a landscape architect in this state from the date 27,267
of issuance until the last day of October next succeeding the 27,268
date upon which the certificate was issued OF EACH ODD-NUMBERED 27,269
CALENDAR YEAR, unless revoked or suspended for cause as provided 27,271
in section 4703.42 of the Revised Code THIS CHAPTER or suspended 27,272
pursuant to section 2301.373 of the Revised Code. LICENSE 27,273
RENEWAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE STANDARD 27,274
LICENSE RENEWAL PROCEDURE IN CHAPTER 4745. OF THE REVISED CODE.
EACH RENEWAL SHALL BE RECORDED IN THE OFFICIAL REGISTER OF THE 27,275
BOARD.
(C) Each person registered by the board shall secure a 27,277
seal of the design prescribed by the board. All plans, 27,278
specifications, drawings, and other documents prepared by, or 27,279
under the direct supervision of, the landscape architect shall be 27,280
imprinted with such seal, in accordance with the requirements of 27,281
the board. 27,282
(D) Each certificate of authorization issued under 27,284
division (F) of section 4703.331 of the Revised Code shall 27,285
authorize the holder to provide landscape architectural services, 27,286
through the landscape architect designated as being in 27,287
responsible charge of the landscape architectural activities and 27,288
decisions, from the date of issuance until the last day of June 27,289
next succeeding the date upon which the certificate was issued 27,290
unless the certificate has been suspended or revoked for cause as 27,291
634
provided in section 4703.42 of the Revised Code. 27,292
Sec. 4703.37. (A) The state board of landscape architect 27,301
examiners shall establish an application fee for taking or 27,302
retaking the examination described in division (C) of section 27,303
4703.34 of the Revised Code at an amount adequate to cover all 27,304
rentals, compensation for proctors, and other expenses of the 27,305
board related to the examination except the expenses of procuring 27,306
and grading the examination OBTAINING REGISTRATION UNDER SECTION 27,307
4703.34 OF THE REVISED CODE AND A FEE FOR OBTAINING REGISTRATION 27,310
UNDER SECTION 4703.35 OF THE REVISED CODE. 27,311
(B) The board shall establish an examination fee for 27,312
taking the examination described in division (C) of section 27,313
4703.34 of the Revised Code at an amount adequate to cover the 27,314
expenses of procuring and grading the examination THE FEE TO 27,316
RESTORE AN EXPIRED CERTIFICATE OF QUALIFICATION IS THE RENEWAL 27,317
FEE FOR THE CURRENT CERTIFICATION PERIOD, PLUS THE RENEWAL FEE
FOR EACH PREVIOUS RENEWAL PERIOD IN WHICH THE CERTIFICATE WAS NOT 27,319
RENEWED, PLUS A PENALTY OF TWENTY-FIVE PER CENT OF THE TOTAL 27,320
RENEWAL FEES FOR EACH RENEWAL PERIOD OR PART THEREOF IN WHICH THE 27,321
CERTIFICATE WAS NOT RENEWED, ON THE CONDITION THAT THE MAXIMUM 27,322
FEE SHALL NOT EXCEED AN AMOUNT ESTABLISHED BY THE BOARD.
(C) The board ALSO shall establish reexamination THE 27,324
FOLLOWING fees for: 27,325
(1) THE FEE FOR TAKING OR retaking parts of the 27,328
examination described in division (C) of section 4703.34 of the 27,329
Revised Code at amounts AN AMOUNT adequate to cover the expenses 27,331
of procuring and grading such parts THE EXAMINATION PLUS A FEE 27,332
FOR RETAKING ALL OR PARTS OF THE REQUIRED EXAMINATION. 27,333
(D) The board shall establish the (2) THE fee to be paid 27,336
by an applicant for a certificate of qualification or duplicate 27,337
thereof, as issued to a landscape architect registered under 27,338
sections 4703.33 to 4703.38 of the Revised Code. 27,339
(E) The board shall establish the fee to be paid by an 27,341
applicant for registration under section 4703.35 of the Revised 27,342
635
Code. 27,343
(F) The board shall establish a (3) THE FEE FOR THE 27,346
BIENNIAL RENEWAL OF THE CERTIFICATE OF QUALIFICATION AND THE FEE 27,347
FOR A DUPLICATE RENEWAL CARD.
(4) THE fee to be charged an examinee for administering an 27,350
examination to him THE EXAMINEE on behalf of another 27,352
jurisdiction.
(G) The board shall establish the (5) THE fee for a 27,355
certificate of authorization issued under division (F) of section 27,356
4703.331 of the Revised Code and, the fee for annual renewal of a 27,357
certificate of authorization. The board shall establish, AND the 27,359
fee for a duplicate certificate of authorization. 27,361
(H) The board shall establish the fee for the annual 27,363
renewal of the certificate of qualification and the fee for a 27,364
duplicate renewal card. 27,365
(I) The fee to restore an expired certificate of 27,367
qualification shall be the renewal fee for the current year, plus 27,368
the renewal fee for each year in which the certificate was not 27,369
renewed, plus a penalty of ten per cent for each delinquent year 27,370
or part thereof; provided, however, the maximum fee shall not 27,371
exceed the combined fees and penalties for the current year and 27,372
the four previous years. 27,373
Sec. 4709.01. As used in this chapter: 27,382
(A) "The (1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 27,385
THIS SECTION, "THE practice of barbering" means any one or more 27,386
of the following when performed upon the head, neck, or face for 27,387
cosmetic purposes and when performed upon the public for pay, 27,388
free, or otherwise: 27,389
(1)(a) Shaving the face, shaving around the vicinity of 27,391
the ears and neckline, or trimming facial hair; 27,392
(2)(b) Cutting or styling hair; 27,394
(3)(c) Facials, skin care, or scalp massages; 27,396
(4)(d) Shampooing, bleaching, coloring, straightening, or 27,398
permanent waving hair; 27,399
636
(5)(e) Cutting, fitting, or forming head caps for wigs or 27,401
hair pieces; 27,402
(6) Noninvasive hair weaving. 27,404
(2) "THE PRACTICE OF BARBERING" DOES NOT INCLUDE THE 27,406
PRACTICE OF NATURAL HAIR STYLING. 27,407
(B) "Sanitary" means free of infectious agents, disease, 27,409
or infestation by insects or vermin and free of soil, dust, or 27,410
foreign material. 27,411
(C) "Barber" means any person who engages in or attempts 27,413
to engage in the practice of barbering. 27,414
(D) "Barber school" means any establishment that engages 27,416
in or attempts to engage in the teaching of the practice of 27,417
barbering. 27,418
(E) "Barber teacher" means any person who engages in or 27,420
attempts to engage in the teaching of the practice of barbering. 27,421
(F) "Assistant barber teacher" means any person who 27,423
assists a barber teacher in the teaching of the practice of 27,424
barbering. 27,425
(G) "Barber pole" means a cylinder or pole with 27,427
alternating stripes of any combination including red and white, 27,428
and red, white, and blue, which run diagonally along the length 27,429
of the cylinder or pole. 27,430
(H) "THE PRACTICE OF NATURAL HAIR STYLING" MEANS WORK DONE 27,433
FOR A FEE OR OTHER FORM OF COMPENSATION, BY ANY PERSON, UTILIZING 27,434
TECHNIQUES PERFORMED BY HAND THAT RESULT IN TENSION ON HAIR ROOTS 27,435
SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, OR 27,436
BRAIDING OF THE HAIR, AND WHICH WORK DOES NOT INCLUDE THE 27,437
APPLICATION OF DYES, REACTIVE CHEMICALS, OR OTHER PREPARATIONS TO 27,438
ALTER THE COLOR OR TO STRAIGHTEN, CURL, OR ALTER THE STRUCTURE OF 27,439
THE HAIR.
(I) "BRAIDING" MEANS INTERTWINING THE HAIR IN A SYSTEMATIC 27,442
MOTION TO CREATE PATTERNS IN A THREE-DIMENSIONAL FORM, INVERTING 27,443
THE HAIR AGAINST THE SCALP ALONG PART OF A STRAIGHT OR CURVED ROW 27,444
OF INTERTWINED HAIR, OR TWISTING THE HAIR IN A SYSTEMATIC MOTION, 27,445
637
AND INCLUDES EXTENDING THE HAIR WITH NATURAL OR SYNTHETIC HAIR 27,446
FIBERS.
Sec. 4712.01. As used in sections 4712.01 to 4712.14 of 27,455
the Revised Code: 27,456
(A) "Buyer" means an individual who is solicited to 27,458
purchase or who purchases the services of a credit services 27,459
organization for purposes other than obtaining a business loan as 27,460
described in division (B)(6) of section 1343.01 of the Revised 27,461
Code. 27,462
(B) "Consumer reporting agency" has the same meaning as in 27,464
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 27,465
1681a, as amended. 27,466
(C)(1) "Credit services organization" means any person 27,468
that charges or receives, directly from the buyer,IN RETURN FOR 27,469
THE PAYMENT OF money or other valuable consideration readily 27,471
convertible into moneyFOR THE FOLLOWING SERVICES, and that sells, 27,473
provides, or performs, or represents that the person can or will 27,474
sell, provide, or perform, anyONE OR MORE of the following 27,475
services:
(a) Improving a buyer's credit record, history, or rating; 27,477
(b) Obtaining an extension of creditBY OTHERS for a buyer; 27,479
(c) Providing advice or assistance to a buyer in 27,481
connection with division (C)(1)(a) or (b) of this section; 27,482
(d) Removing adverse credit information that is accurate 27,484
and not obsolete from the buyer's credit record, history, or 27,485
rating; 27,486
(e) Altering the buyer's identification to prevent the 27,488
display of the buyer's credit record, history, or rating. 27,489
(2) "Credit services organization" does not include any of 27,491
the following: 27,492
(a) A person that makes or collects loans, to the extent 27,494
these activities are subject to licensure or registration by this 27,495
state; 27,496
(b) A mortgage broker, as defined in division (E) of 27,498
638
section 1322.01 of the Revised Code, that holds a valid 27,499
certificate of registration under sections 1322.01 to 1322.12 of 27,500
the Revised Code; 27,501
(c) A lender approved by the United States secretary of 27,503
housing and urban development for participation in a mortgage 27,504
insurance program under the "National Housing Act," 48 Stat. 1246 27,505
(1934), 12 U.S.C.A. 1701, as amended; 27,506
(d) A bank, savings bank, or savings and loan association, 27,508
or a subsidiary or an affiliate of a bank, savings bank, or 27,509
savings and loan association. For purposes of division (C)(2)(d) 27,510
of this section, "affiliate" has the same meaning as in division 27,511
(A) of section 1101.01 of the Revised Code and "bank," as used in 27,512
division (A) of section 1101.01 of the Revised Code, is deemed to 27,513
include a savings bank or savings and loan association. 27,514
(e) A credit union organized and qualified under Chapter 27,516
1733. of the Revised Code or the "Federal Credit Union Act," 84 27,517
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended; 27,518
(f) A budget and debt counseling service, as defined in 27,521
division (D) of section 2716.03 of the Revised Code, provided 27,522
that the service is a nonprofit organization exempt from taxation 27,523
under section 501(c)(3) of the "Internal Revenue Code of 1986," 27,524
100 Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service 27,525
is in compliance with Chapter 4710. of the Revised Code; 27,526
(g) A consumer reporting agency that is in substantial 27,528
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 27,529
15 U.S.C.A. 1681a, as amended. 27,530
(h) A mortgage banker; 27,532
(i) Any political subdivision, or any governmental or 27,534
other public entity, corporation, or agency, in or of the United 27,535
States or any state of the United States; 27,536
(j) A college or university, or controlled entity of a 27,538
college or university, as defined in section 1713.05 of the 27,539
Revised Code; 27,540
(k) A MOTOR VEHICLE DEALER LICENSED PURSUANT TO CHAPTER 27,542
639
4517. OF THE REVISED CODE ACTING WITHIN THE SCOPE AND AUTHORITY 27,543
OF THAT LICENSE OR A MOTOR VEHICLE AUCTION OWNER LICENSED 27,544
PURSUANT TO CHAPTERS 4517. AND 4707. OF THE REVISED CODE ACTING 27,545
WITHIN THE SCOPE AND AUTHORITY OF THAT LICENSE. 27,546
(D) "Extension of credit" means the right to defer payment 27,548
of debt, or to incur debt and defer its payment, offered or 27,549
granted primarily for personal, family, or household purposes. 27,550
"Extension of credit" does not include a mortgage. 27,551
(E) "Mortgage" means any indebtedness secured by a deed of 27,553
trust, security deed, or other lien on real property. 27,554
(F) "Mortgage banker" means any person that makes, 27,556
services, or buys and sells mortgage loans and is approved by the 27,557
United States department of housing and urban development, the 27,558
United States department of veterans affairs, the federal 27,559
national mortgage association, or the federal home loan mortgage 27,560
corporation. 27,561
(G) "Superintendent of financial institutions" includes 27,563
the deputy superintendent for consumer finance as provided in 27,564
section 1181.21 of the Revised Code. 27,565
Sec. 4713.01. As used in sections 4713.01 to 4713.21 of 27,574
the Revised Code: 27,575
(A) The practice of cosmetology includes work done for 27,578
pay, free, or otherwise, by any person, which work is usually 27,579
performed by hairdressers, cosmetologists, cosmeticians, NATURAL 27,580
HAIR STYLISTS,or beauty culturists, however denominated, in 27,582
beauty salons; which work is for the embellishment, cleanliness, 27,583
and beautification of hair, wigs, and postiches, such as 27,584
arranging, dressing, pressing, curling, waving, permanent waving, 27,585
cleansing, cutting, singeing, bleaching, coloring, weaving, or 27,586
similar work, and the massaging, cleansing, stimulating, 27,587
manipulating, exercising, or similar work by the use of manual 27,588
massage techniques or mechanical or electrically operated 27,589
apparatus or appliances, or cosmetics, preparations, tonics, 27,590
antiseptics, creams, or lotions, and of manicuring the nails or 27,591
640
application of artificial nails, which enumerated practices shall 27,592
be inclusive of the practice of cosmetology, but not in 27,593
limitation thereof. Sections 4713.01 to 4713.21 of the Revised 27,594
Code do not permit any of the services or arts described in this 27,595
division to be used for the treatment or cure of any physical or 27,596
mental diseases or ailments.
The retail sale or the trial demonstration by application 27,598
to the skin for purposes of retail sale of cosmetics, 27,599
preparations, tonics, antiseptics, creams, lotions, wigs, and 27,600
postiches shall not be considered the practice of cosmetology. 27,601
(B) "Cosmetologist," "cosmetician," "beauty culturist," 27,603
or "hairdresser," means any person who, for pay, free, or 27,604
otherwise, engages in the practice of cosmetology. 27,605
(C) "Manicurist" means any person who, for pay, free, or 27,607
otherwise, engages only in the occupation of manicuring the nails 27,608
of any person or the application of artificial or sculptured 27,609
nails, or both. 27,610
(D) "The practice of esthetics" includes work done for 27,612
pay, free, or otherwise, by any person, which work is the 27,613
application of cosmetics, tonics, antiseptics, creams, lotions, 27,614
or other preparations for the purpose of skin beautification and 27,615
includes preparation of the skin by manual massage techniques or 27,616
by use of electrical, mechanical, or other apparatus. 27,617
(E) "Esthetician" means any person who, for pay, free, or 27,619
otherwise, engages only in the practice of esthetics. 27,620
(F) "Beauty salon" means any premises, building, or part 27,622
of a building, in which any branch of cosmetology, except the 27,623
occupation of a manicurist when carried on in a barber shop 27,624
licensed under Chapter 4709. of the Revised Code, or the 27,625
occupation of a cosmetologist is practiced. 27,626
(G) "Student" means any person who is engaged in learning 27,628
or acquiring knowledge of the occupation of a cosmetologist, 27,629
manicurist, or esthetician in a school of cosmetology. 27,630
(H) "School of cosmetology" means any premises, building, 27,632
641
or part of a building in which students are instructed in the 27,633
theories and practices of cosmetology, manicuring, and esthetics. 27,634
(I) "Managing cosmetologist" means any person who has met 27,636
the requirements of division (D)(E)of section 4713.04 of the 27,639
Revised Code, and has applied for and received a managing 27,640
cosmetologist license. 27,641
(J) "Cosmetology instructor" means any person who has met 27,643
the requirements of division (E)(F) of section 4713.04 of the 27,645
Revised Code, and has applied for and received an instructor's 27,646
license. 27,647
(K) "Apprentice instructor" means any licensee of the 27,649
state board of cosmetology who is engaged in learning or 27,650
acquiring knowledge of the occupation of an instructor, in any 27,651
branch of cosmetology in a duly licensed school of cosmetology. 27,653
(L) "Cosmetic therapy" and "cosmetic therapist" have the 27,655
same meanings as in section 4731.15 of the Revised Code. 27,656
(M) "Nail salon" means any premises, building, or part of 27,658
a building in which manicurists engage only in the occupation of 27,659
manicuring the nails of any person or the application of 27,660
artificial or sculptured nails, or both. For administrative 27,661
purposes, a nail salon is deemed the equivalent of a beauty salon 27,662
and is subject to appropriate rules with respect to sanitation 27,663
and sterilization. A licensed manicurist may practice the 27,664
occupation of manicuring nails in a nail salon, in a beauty 27,665
salon, or in a barber shop. 27,666
(N) "Esthetics salon" means any premises, building, or 27,668
part of a building in which esthetics is performed by a person 27,669
licensed as a cosmetologist or esthetician. For administrative 27,670
purposes, an esthetics salon is deemed the equivalent of a beauty 27,671
salon and is subject to the appropriate rules with respect to 27,672
sanitation and sterilization. 27,673
(O) "Managing manicurist" means any person who has met the 27,675
requirements of division (H) of section 4713.04 of the Revised 27,676
Code, and has applied for and received a managing manicurist 27,677
642
license. 27,678
(P) "Manicurist instructor" means any person who meets the 27,680
requirements of division (L) of section 4713.04 of the Revised 27,681
Code and who has applied for and received a manicurist instructor 27,682
license. 27,683
(Q) "Managing esthetician" means any person who has met 27,685
the requirements of division (J) of section 4713.04 of the 27,686
Revised Code, and has applied for and received a managing 27,687
esthetician's license. 27,688
(R) "Esthetics instructor" means any person who meets the 27,690
requirements of division (K) of section 4713.04 of the Revised 27,691
Code and who has applied for and received an esthetics instructor 27,692
license. 27,693
(S) "Glamour photography" means the combination of a 27,695
photographic service or product with the delivery of a 27,696
cosmetology service advertised or sold to the public. 27,697
(T) "THE PRACTICE OF NATURAL HAIR STYLING" MEANS WORK DONE 27,700
FOR A FEE OR OTHER FORM OF COMPENSATION, BY ANY PERSON, UTILIZING 27,701
TECHNIQUES PERFORMED BY HAND THAT RESULT IN TENSION ON HAIR ROOTS 27,702
SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, OR 27,703
BRAIDING OF THE HAIR, AND WHICH WORK DOES NOT INCLUDE THE 27,704
APPLICATION OF DYES, REACTIVE CHEMICALS, OR OTHER PREPARATIONS TO 27,705
ALTER THE COLOR OR TO STRAIGHTEN, CURL, OR ALTER THE STRUCTURE OF 27,706
THE HAIR.
(U) "BRAIDING" MEANS INTERTWINING THE HAIR IN A SYSTEMATIC 27,709
MOTION TO CREATE PATTERNS IN A THREE-DIMENSIONAL FORM, INVERTING 27,710
THE HAIR AGAINST THE SCALP ALONG PART OF A STRAIGHT OR CURVED ROW 27,711
OF INTERTWINED HAIR, OR TWISTING THE HAIR IN A SYSTEMATIC MOTION, 27,712
AND INCLUDES EXTENDING THE HAIR WITH NATURAL OR SYNTHETIC HAIR 27,713
FIBERS.
Sec. 4713.02. (A) There is hereby created the state board 27,722
of cosmetology, consisting of the following seven members 27,723
appointed by the governor, with the advice and consent of the 27,724
senate: four graduate licensed cosmetologists, three of whom are 27,725
643
actively engaged in the management of a beauty salon at the time 27,726
of appointment; one regularly licensed physician; one owner of a 27,727
licensed school of cosmetology; and one owner of at least five 27,728
licensed beauty salons. 27,729
All members shall be at least twenty-five years of age, 27,731
residents of the state, and citizens of the United States. No 27,732
more than two members, at any time, shall be graduates of the 27,733
same school of cosmetology. 27,734
Terms of office are for five years, commencing on the first 27,736
day of November and ending on the thirty-first day of October. 27,737
Each member shall hold office from the date of his appointment 27,738
until the end of the term for which he was appointed. In case of 27,739
a vacancy occurring on the board, the governor shall, in the same 27,740
manner prescribed for the regular appointment to the board, fill 27,741
the vacancy by appointing a member. Any member appointed to fill 27,742
a vacancy occurring prior to the expiration of the term for which 27,743
his THE MEMBER'S predecessor was appointed shall hold office for 27,744
the remainder of such term. Any member shall continue in office 27,746
subsequent to the expiration date of his THE MEMBER'S term until 27,747
his THE MEMBER'S successor takes office, or until a period of 27,748
sixty days has elapsed, whichever occurs first. Before entering 27,751
upon the discharge of his THE duties OF THE OFFICE OF MEMBER, 27,752
each member shall take, and file with the secretary of state, the 27,754
oath of office required by Section 7 of Article XV, Ohio
Constitution. 27,755
The members of the board shall receive an amount fixed 27,757
pursuant to Chapter 124. of the Revised Code per diem for every 27,758
meeting of the board which they attend, together with their 27,759
necessary expenses, and mileage for each mile necessarily 27,760
traveled. 27,761
The members of the board shall annually elect, from among 27,763
their number, a chairman CHAIRPERSON, and annually appoint an 27,764
executive director who is not a member of the board. The 27,766
executive director, before entering upon the discharge of his THE 27,767
644
EXECUTIVE DIRECTOR'S duties, shall file with the secretary of 27,768
state a good and sufficient bond payable to the state, to ensure 27,769
the faithful performance of his duties OF THE OFFICE OF EXECUTIVE 27,770
DIRECTOR, in such sum as the board requires. The premium of the 27,772
bond shall be paid from appropriations made to the board for 27,773
operating purposes. 27,774
The board shall prescribe the duties of its officers and 27,776
establish an office at Columbus, Ohio. The board shall keep all 27,777
records and files at the office and have the records and files at 27,778
all reasonable hours open to public inspection. The board also 27,779
shall adopt a seal. 27,780
(B) The board may employ necessary inspectors, examiners, 27,782
consultants on contents of examinations, and clerks. All 27,783
inspectors, and examiners of cosmetologists, shall be licensed 27,784
cosmetologists. 27,785
(C) The board shall adopt rules for carrying out sections 27,787
4713.01 to 4713.25 of the Revised Code. The rules shall cover at 27,788
least all of the following: 27,789
(1) Conducting examinations of applicants for a license; 27,791
(2) The recognition of, and the credits to be given to, 27,793
the study of cosmetology, or any branch thereof, in a school of 27,794
cosmetology licensed under the laws of this or another state; 27,795
(3) ESTABLISHING REASONABLE FEES FOR APPLICATION TO TAKE 27,797
THE EXAMINATION FOR LICENSURE AS A NATURAL HAIR STYLIST AND FOR 27,798
ISSUANCE OF A LICENSE TO PRACTICE NATURAL HAIR STYLING; 27,799
(4) Sanitary standards, including those authorized by the 27,801
department of health, with particular reference to the 27,802
precautions to be employed to prevent the creating or spreading 27,803
of infectious or contagious diseases in beauty salons, nail 27,804
salons, esthetics salons, or schools of cosmetology, or in the 27,805
practice of cosmetology. 27,806
The board shall furnish a copy of all sanitary rules 27,808
adopted to each person issued a license for the conduct of a 27,809
beauty salon, nail salon, esthetics salon, or school of 27,810
645
cosmetology and to each operator, manicurist, and person engaged 27,811
in the practice of massage. A copy of all such sanitary rules 27,812
shall be posted in a conspicuous place in all beauty salons, nail 27,813
salons, esthetics salons, and schools of cosmetology. 27,814
The board may adopt rules authorizing beauty or nail salons 27,816
to offer esthetic services in the salon and may adopt rules 27,817
regulating the practice of the services. 27,818
(D) The board shall do all of the following: 27,820
(1) Hold examinations of all applicants for license whose 27,823
applications have been submitted in proper form; 27,824
(2) Issue licenses to applicants who meet the requirements 27,827
of sections 4713.01 to 4713.25 of the Revised Code; 27,828
(3) Register beauty salons, nail salons, esthetics salons, 27,830
and schools of cosmetology; 27,831
(4) Report to the proper prosecuting officer all 27,833
violations coming within its knowledge; 27,834
(5) Make a written report annually to the governor 27,836
concerning the conditions in this state of cosmetology and the 27,837
branches thereof, which report shall also contain a brief 27,838
reference to the proceedings had by or before the board for the 27,839
year last past and a statement of all money received and expended 27,840
by the board during such year; 27,841
(6) Keep a record containing the name and known place of 27,843
business, and the date and number of license, of every licensed 27,844
cosmetologist, esthetician, and every person engaged in the 27,845
practice of any branch of cosmetology, together with the name and 27,846
address of all tanning facilities, licensed beauty salons, 27,847
licensed nail salons, licensed esthetics salons, and schools of 27,848
cosmetology; 27,849
(7) Keep a record of its proceedings; 27,851
(8) All things necessary to carry out sections 4713.01 to 27,853
4713.25 of the Revised Code. 27,854
Sec. 4713.04. (A) Applicants for a cosmetologist's 27,863
license shall be at least sixteen years of age, of good moral 27,864
646
character, have the equivalent of an Ohio public school eighth 27,865
grade education, and have received a total of not less than 27,866
fifteen hundred hours of instruction in the several branches of 27,867
cosmetology, including subjects relating to sanitation, in a 27,868
licensed school of cosmetology in Ohio or otherwise pursuant to 27,869
credits given by the state board of cosmetology as provided in 27,870
section 4713.02 of the Revised Code, provided that only one 27,871
thousand hours of instruction in the several branches of 27,872
cosmetology in a licensed school of cosmetology in this state is 27,873
required of a person licensed as a barber under Chapter 4709. of 27,874
the Revised Code. Except as provided in section 4713.09 of the 27,875
Revised Code, an applicant shall pass an examination in order to 27,876
qualify for a cosmetologist's license. 27,877
(B) Applicants for a manicurist's license shall be at 27,879
least sixteen years of age, of good moral character, have the 27,880
equivalent of an Ohio public school eighth grade education, and 27,881
have received at least two hundred hours of instruction in 27,882
subjects relating to sanitation, manicuring, and application of 27,883
artificial or sculptured nails in a licensed school of 27,884
cosmetology in Ohio. Except as provided in section 4713.09 of 27,885
the Revised Code, an applicant shall pass an examination in order 27,886
to qualify for a manicurist's license. 27,887
(C) Applicants for an esthetician's license shall be at 27,889
least sixteen years of age, of good moral character, have the 27,890
equivalent of an Ohio public school eighth grade education, and 27,891
have successfully completed at least six hundred hours of 27,892
instruction in esthetics in a licensed school of cosmetology in 27,893
this state. Except as provided in section 4713.09 of the Revised 27,894
Code, an applicant shall pass an examination to qualify for an 27,895
esthetician's license. The board shall design the examination so 27,896
as to demonstrate an applicant's minimum competency in all fields 27,897
of esthetics. 27,898
(D) APPLICANTS FOR A NATURAL HAIR STYLIST LICENSE SHALL BE 27,900
AT LEAST SIXTEEN YEARS OF AGE, OF GOOD MORAL CHARACTER, HAVE THE 27,901
647
EQUIVALENT OF AN OHIO PUBLIC SCHOOL EIGHTH GRADE EDUCATION, AND 27,902
HAVE RECEIVED AT LEAST FOUR HUNDRED FIFTY HOURS OF INSTRUCTION IN 27,903
SUBJECTS RELATING TO SANITATION, SCALP CARE, ANATOMY, HAIR 27,904
STYLING, COMMUNICATION SKILLS, AND LAWS AND RULES GOVERNING THE 27,905
PRACTICE OF COSMETOLOGY. EXCEPT AS PROVIDED IN SECTION 4713.09 27,906
OF THE REVISED CODE, AN APPLICANT SHALL PASS AN EXAMINATION TO 27,907
QUALIFY FOR A NATURAL HAIR STYLIST'S LICENSE. 27,908
(E) Applicants for a managing cosmetologist's license 27,910
shall be of good moral character, have the equivalent of an Ohio 27,911
public school eighth grade education, and have practiced as a 27,912
cosmetologist in a licensed beauty salon in this or another state 27,913
of the United States or the District of Columbia for at least one 27,914
year, or have completed three hundred hours of board-approved 27,915
curriculum additional in a licensed school of cosmetology in this 27,916
state in subjects relative to advanced cosmetology, business 27,917
management, and supervision. Certification of an applicant's 27,918
completion of one year's experience shall be made to the board by 27,919
the licensed managing cosmetologist or the owner of the licensed 27,920
beauty salon in which the applicant has been employed, or 27,921
certification of completion of the prescribed course of three 27,922
hundred additional hours shall be made to the board by the school 27,923
of cosmetology in this state. Upon either of the foregoing 27,924
certifications and, except as provided in section 4713.09 of the 27,925
Revised Code, upon passage of an examination, the board shall 27,926
issue a managing cosmetologist's license to the applicant. 27,927
(E)(F) Applicants for an initial cosmetology instructor's 27,929
license shall be of good moral character, have the equivalent of 27,930
an Ohio public school twelfth grade education, hold a current 27,931
managing cosmetologist license issued pursuant to this chapter, 27,932
and have practiced as a licensed cosmetologist in a beauty salon 27,933
for at least twelve months, or have completed one thousand hours 27,934
of cosmetology instructor training in a licensed school of 27,935
cosmetology in this state as an apprentice instructor. On the 27,936
date that an apprentice cosmetology instructor begins his 27,937
648
cosmetology instructor training in a licensed school of 27,938
cosmetology, the school shall certify the name of the apprentice 27,939
cosmetology instructor to the board along with the date on which 27,940
his THE APPRENTICE'S instructor training began. No school shall 27,941
have more than six apprentice cosmetology instructors at any one 27,943
time. The apprentice cosmetology instructor shall be allowed the 27,944
regular quota of students as prescribed by the board, with the 27,945
provision that a cosmetology instructor is present. An 27,946
apprentice cosmetology instructor may be compensated by the 27,947
school. Certification that the applicant has completed one year 27,948
or more of experience in a licensed beauty salon shall be made to 27,949
the board by the licensed managing cosmetologist or the owner of 27,950
the licensed beauty salon in which the applicant has been 27,951
employed; or, certification shall be made to the board by the 27,952
school of cosmetology, that the apprentice cosmetology instructor 27,953
has completed one thousand hours of teacher training in a 27,954
licensed school of cosmetology in this state. Upon any of the 27,955
foregoing certifications and provided that the applicant holds a 27,956
current managing cosmetologist's license issued pursuant to this 27,957
chapter, the board shall issue a cosmetology instructor's license 27,958
to the applicant. 27,959
(F)(G) Every person who completes a course in cosmetology 27,961
given in a vocational program conducted by a city, exempted 27,962
village, local, or joint vocational school district, is eligible 27,963
to apply for a cosmetologist's or manicurist's license, provided 27,964
he THE PERSON has completed the educational requirements of 27,965
division (A) or (B) of this section. The board may adopt rules 27,967
for the recognition of any credit to be given to the study of 27,968
cosmetology in such vocational schools of this state. 27,969
(G)(H) The board shall issue to an applicant who has 27,971
completed the requirements of this section and has not previously 27,972
failed to pass an examination conducted by the board to determine 27,973
his THE APPLICANT'S fitness in the practice of cosmetology a 27,974
temporary work permit upon the receipt of the application for 27,976
649
examination as provided in section 4713.05 of the Revised Code. 27,977
The temporary work permit authorizes the holder to engage in the 27,978
practice of cosmetology under the supervision of a licensed 27,979
managing cosmetologist up to the date of the holding of the next 27,980
meeting of the board for the examination of applicants for 27,981
license. A temporary work permit is not renewable and no person 27,982
is entitled to more than one such permit. The fee for the 27,983
temporary work permit is five dollars. 27,984
(H)(I) Applicants for a managing manicurist's license 27,986
shall be of good moral character, have the equivalent of an Ohio 27,987
public school eighth grade education, and have practiced as a 27,988
manicurist in a licensed nail salon, beauty salon, or barber shop 27,989
in this or another state of the United States or the District of 27,990
Columbia for at least one year, or have completed an additional 27,991
one hundred hours of board-approved curriculum in a licensed 27,992
school of cosmetology in this state in advanced subjects relative 27,993
to manicuring the nails, application of artificial nails, 27,994
business management, and supervision. 27,995
Certification of an applicant's completion of one year's 27,997
experience shall be made to the state board of cosmetology by the 27,998
licensed managing manicurist or the licensed managing 27,999
cosmetologist, or the owner of the licensed nail salon, beauty 28,000
salon, or barber shop in which the applicant has been employed, 28,001
or certification of completion of the prescribed course of one 28,002
hundred additional hours shall be made to the board by the school 28,003
of cosmetology in this state. Upon either of the foregoing 28,004
certifications, and except as provided in section 4713.09 of the 28,005
Revised Code, upon passage of an examination, the board shall 28,006
issue a managing manicurist's license to the applicant. 28,007
(I)(J) When determining the total hours of instruction 28,009
received by any applicant for licensure under this section, the 28,010
board shall not take into account more than eight hours of 28,011
instruction per day nor instruction received more than five years 28,012
prior to issuance of the initial license. 28,013
650
(J)(K) Applicants for a managing esthetician's license 28,015
shall be of good moral character, have the equivalent of an Ohio 28,016
public school eighth grade education, and have practiced 28,017
esthetics as a cosmetologist or as an esthetician in this or 28,018
another state of the United States or the District of Columbia 28,019
for at least one year or have completed, in addition to the hours 28,020
required for licensure as a cosmetologist or esthetician, at 28,021
least one hundred fifty hours of management training in a 28,022
licensed school of cosmetology in this state. 28,023
Certification to the board of either the completion of the 28,025
one year of experience or the additional one hundred fifty hours 28,026
of management training qualifies the applicant to take the 28,027
examination for licensure as a managing esthetician. Upon 28,028
satisfactory passage of the board's examination and payment of 28,029
all applicable fees, the board shall issue the applicant a 28,030
managing esthetician's license. 28,031
(K)(L) Applicants for an initial license as an esthetics 28,033
instructor shall be at least eighteen years of age, have the 28,034
equivalent of an Ohio public school twelfth grade education, hold 28,035
a current managing cosmetologist's or managing esthetician's 28,036
license, and have at least one year of experience in the practice 28,037
of cosmetology or esthetics as a managing cosmetologist or 28,038
managing esthetician in a licensed salon or have five hundred 28,039
hours of training as an assistant esthetics instructor. 28,040
(L)(M) Applicants for an initial license as a manicurist 28,042
instructor shall be at least eighteen years of age, have the 28,043
equivalent of an Ohio public school twelfth grade education, hold 28,044
a current managing manicurist or managing cosmetologist license 28,045
issued in this state, and have practiced as a licensed managing 28,046
manicurist or managing cosmetologist in a salon for at least 28,047
twelve months. In place of the salon experience, an applicant 28,048
may substitute the completion, in addition to the hours required 28,049
for licensure as a cosmetologist or manicurist, of three hundred 28,050
hours of training in the practice of manicuring instruction in a 28,051
651
licensed school of cosmetology in this state. 28,052
Sec. 4713.05. Every application for admission to 28,061
examination, and every application for a license as a 28,062
cosmetologist, A NATURAL HAIR STYLIST, or in any branch of 28,063
cosmetology, shall be in writing, on forms prepared and furnished 28,065
by the state board of cosmetology. Such application shall be 28,066
accompanied by the fee specified, and shall contain proof of the 28,067
qualifications of the applicant for examination, or for license, 28,068
and shall be verified by the oath of the applicant.
If, after application, the applicant fails to appear for 28,070
his THE APPLICANT'S examination, in order to be examined at a 28,072
later date, the applicant may apply again as specified above and 28,073
shall pay the re-examination fee.
Applicants failing to pass the examination may apply again 28,075
as specified above and shall pay the re-examination fee. 28,076
Sec. 4713.06. (A) All examinations of applicants under 28,085
sections 4713.01 to 4713.21 of the Revised Code shall meet all of 28,086
the following conditions: 28,087
(1) Include both practical demonstrations and written or 28,089
oral tests; 28,090
(2) Relate only to cosmetology, but not be confined to any 28,092
special system or method; 28,093
(3) Be consistent in both practical and technical 28,095
requirements, and of sufficient thoroughness to satisfy the state 28,096
board of cosmetology as to the applicant's skill in and knowledge 28,097
if the practice of the occupation for which a license is sought. 28,099
(B)(1) Examinations for licenses as cosmetologists shall, 28,101
in addition to the requirements of division (A) of this section, 28,102
include practical demonstrations and written or oral tests in 28,103
sanitation and the use of mechanically and electrically operated 28,104
apparatus as applicable to the practice of cosmetology. 28,105
(2) Examinations for a managing cosmetologist's license 28,107
may be administered separately at the completion of the managing 28,108
cosmetologist's training course, or may be combined with the 28,109
652
examination for a cosmetologist's license where the applicant has 28,110
completed a single eighteen hundred-hour combined cosmetologist 28,111
and managing cosmetologist course. Applicants may apply for an 28,112
examination for a managing cosmetologist's license following 28,113
completion of one year of certified employment experience in a 28,114
licensed beauty salon. 28,115
(3) Examinations for a managing manicurist's license may 28,117
be administered separately at the completion of the managing 28,118
manicurist's training course, or may be combined with the 28,119
examination for a manicurist license when the applicant has 28,120
completed a single three hundred-hour course combining the 28,121
manicurist and managing manicurist training certified to the 28,122
board by a licensed school of cosmetology in this state. 28,123
(4) In addition to the requirements of division (A) of 28,125
this section, examinations for licenses as an esthetician shall 28,126
include a practical demonstration and a written or oral test in 28,127
sanitation and the principals PRINCIPLES of esthetics. 28,128
(5) Examinations for a license as a managing esthetician 28,130
may be administered separately at the completion of the 28,131
applicant's training as a managing esthetician or may be combined 28,132
with the examination for the license as an esthetician when the 28,133
applicant has completed a single course of study of at least 28,134
seven hundred fifty hours combining esthetics and managing 28,135
esthetics training in a licensed school of cosmetology in this 28,136
state. 28,137
Sec. 4713.10. The state board of cosmetology shall charge 28,146
and collect the following fees: 28,147
(A) For application to take the examination for a license 28,149
to practice cosmetology, or any branch thereof, twenty-one 28,150
dollars; 28,151
(B) For the re-examination of any applicant who has 28,153
previously failed to pass the examination, fourteen dollars; 28,154
(C) For the issuance or renewal of a cosmetology, 28,156
manicurist, or esthetics instructor's license, twenty-five THIRTY 28,158
653
dollars; 28,159
(D) For the issuance or renewal of a managing 28,161
cosmetologist's, managing manicurist's, or managing esthetician's 28,162
license, twenty THIRTY dollars; 28,163
(E) For the issuance or renewal of a cosmetology school 28,165
license, two hundred fifty dollars; 28,166
(F) For the inspection and issuance of a new beauty salon, 28,168
nail salon, or esthetics salon or the change of name or ownership 28,169
of a beauty salon, nail salon, or esthetics salon license, fifty 28,170
SIXTY dollars; 28,172
(G) For the renewal of a beauty salon, nail salon, or 28,174
esthetics salon license, forty FIFTY dollars; 28,175
(H) For the issuance or renewal of a cosmetologist's, 28,177
manicurist's, or esthetician's license, twenty THIRTY dollars; 28,178
(I) For the restoration of any lapsed license which may be 28,180
restored pursuant to section 4713.11 of the Revised Code, and in 28,181
addition to the payments required by that section, twenty THIRTY 28,182
dollars; 28,183
(J) For the issuance of a license under section 4713.09 of 28,185
the Revised Code, fifty SIXTY dollars; 28,186
(K) For the issuance of a duplicate of any license, ten 28,188
FIFTEEN dollars; 28,189
(L) For the preparation and mailing of a licensee's 28,191
records to another state for a reciprocity license, fifty 28,192
dollars; 28,193
(M) For the processing of any fees related to a check from 28,195
a licensee returned to the board for insufficient funds, an 28,196
additional twenty dollars.
Each applicant shall, in addition to the fees specified, 28,198
furnish his THE APPLICANT'S own models. 28,199
Sec. 4713.17. The state board of cosmetology, pursuant to 28,208
an adjudicatory hearing under (A) IN ACCORDANCE WITH Chapter 28,210
119. of the Revised Code, THE STATE BOARD OF COSMETOLOGY may 28,211
impose one or more of the following sanctions: deny, revoke, or 28,212
654
suspend a license or permit issued by the board or impose a fine 28,213
of not more than one hundred dollars per violation. The
sanctions may be imposed for any of the following: 28,214
(A)(1) Failure of a person operating a nail salon, beauty 28,216
salon, esthetics salon, tanning facility, or school of 28,217
cosmetology to comply with the requirements of sections 4713.01 28,218
to 4713.25 of the Revised Code; 28,219
(B)(2) Failure to comply with the sanitary rules adopted 28,221
by the board or by the department of health for the regulation of 28,222
nail salons, beauty salons, esthetics salons, schools of 28,223
cosmetology, or the practice of cosmetology; 28,224
(C)(3) Failure of a person operating a beauty salon or 28,226
nail salon where massage services are provided under section 28,227
4713.14 of the Revised Code to ensure that the person providing 28,228
the massage services complies with the sanitary rules adopted by 28,229
the board or by the department of health for the regulation of 28,230
salons; 28,231
(D)(4) Continued practice by a person knowingly having an 28,233
infectious or contagious disease; 28,234
(E)(5) Habitual drunkenness or addiction to any 28,236
habit-forming drug; 28,237
(F)(6) Willful false and fraudulent or deceptive 28,239
advertising;
(G)(7) Falsification of any record or application required 28,241
to be filed with the board; 28,242
(8) FAILURE TO PAY A FINE OR ABIDE BY A SUSPENSION ORDER 28,244
ISSUED BY THE BOARD. 28,245
A person who is alleged to have violated a provision of 28,247
this chapter for which the board proposes to impose a fine may 28,248
pay the board the amount of the fine and waive his right to an 28,250
adjudicatory hearing under Chapter 119. of the Revised Code.
(B) IF A PERSON FAILS TO REQUEST A HEARING WITHIN THIRTY 28,252
DAYS OF THE DATE THE BOARD, IN ACCORDANCE WITH SECTION 119.07 OF 28,253
THE REVISED CODE, NOTIFIES THE PERSON OF THE BOARD'S INTENT TO 28,255
655
ACT AGAINST THE PERSON UNDER DIVISION (A) OF THIS SECTION, THE 28,256
BOARD BY A MAJORITY VOTE OF A QUORUM OF THE BOARD MEMBERS MAY 28,257
TAKE THE ACTION AGAINST THE PERSON WITHOUT HOLDING AN
ADJUDICATION HEARING. 28,258
Sec. 4713.20. (A) No person shall do any of the 28,267
following: 28,268
(1) Conduct or operate a nail salon, beauty salon, 28,270
esthetics salon, or school of cosmetology without a license; 28,271
(2) Practice cosmetology for pay, free, or otherwise, 28,273
either as a cosmetologist, managing cosmetologist, cosmetology 28,274
instructor, manicurist, managing manicurist, manicurist 28,275
instructor, esthetician, managing esthetician, or esthetics 28,276
instructor, without a license; 28,277
(3) PRACTICE NATURAL HAIR STYLING FOR PAY, FREE, OR 28,279
OTHERWISE, WITHOUT A LICENSE; 28,280
(4) Employ as a cosmetologist, managing cosmetologist, 28,282
cosmetologist instructor, except as provided in division (C) of 28,283
section 4713.15 of the Revised Code, manicurist, managing 28,284
manicurist, manicurist instructor, esthetician, managing 28,285
esthetician, or esthetics instructor, any person without a 28,286
license; 28,287
(4)(5) Aid or abet any person: 28,289
(a) Violating sections 4713.01 to 4713.21 of the Revised 28,291
Code; 28,292
(b) Obtaining a license fraudulently; 28,294
(c) Falsely pretending to be licensed; 28,296
(d) Violating any of the sanitary rules for the regulation 28,298
of the practice of cosmetology. 28,299
(5)(6) Engage in the practice of massage in a beauty salon 28,301
or nail salon for pay, free, or otherwise unless he THE PERSON 28,302
holds a current, valid certificate issued by the state medical 28,304
board pursuant to section 4731.15 of the Revised Code; 28,305
(6)(7) Engage in the advertisement or operation of a 28,307
glamour photography service unless properly licensed under this 28,309
656
chapter by the state board of cosmetology.
(B) Sections 4713.01 to 4713.21 of the Revised Code do not 28,311
prohibit any student in a licensed school of cosmetology in this 28,312
state from engaging in that school, as a student, in work 28,313
connected with any branch of cosmetology taught in the school. 28,314
Sec. 4717.03. (A) Members of the board of embalmers and 28,324
funeral directors shall annually in July, or within thirty days 28,325
after the senate's confirmation of the new members appointed in 28,326
that year, meet and organize by selecting from among its members 28,327
a president, vice-president, and secretary-treasurer. The board 28,328
may hold other meetings as it determines necessary. A quorum of 28,329
the board consists of four members, of whom at least three shall 28,330
be members who are embalmers and funeral directors. The 28,331
concurrence of at least four members is necessary for the board 28,332
to take any action. The president and secretary-treasurer shall 28,333
sign all licenses issued under this chapter and affix the board's 28,334
seal to each license. 28,335
(B) The board may appoint an individual who is not a 28,338
member of the board to serve as executive director of the board. 28,339
The executive director serves at the pleasure of the board and 28,340
shall do all of the following:
(1) Serve as the board's chief administrative officer; 28,342
(2) Act as custodian of the board's records; 28,344
(3) Execute all of the board's orders. 28,346
In executing the board's orders, the executive director may 28,349
enter the premises, establishment, office, or place of business 28,350
of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and 28,351
execute any process issued by any court under this chapter. 28,352
(C) The board may employ clerical or technical staff who 28,355
are not members of the board and who serve at the pleasure of the 28,356
board to provide any clerical or technical assistance the board 28,357
considers necessary. The board may employ necessary inspectors, 28,358
who shall be licensed embalmers and funeral directors. Any 28,359
657
inspector employed by the board may enter the premises, 28,360
establishment, office, or place of business of any embalmer, 28,361
funeral director, or operator of a crematory facility in this
state, for the purposes of inspecting the facility and premises; 28,362
the license and registration of embalmers and funeral directors 28,363
operating in the facility; and the license of the funeral home, 28,365
embalming facility, or crematory. The inspector shall serve and 28,366
execute any process issued by any court under this chapter, serve 28,367
and execute any papers or process issued by the board or any 28,368
officer or member of the board, and perform any other duties 28,369
delegated by the board.
(D) The president of the board shall designate three of 28,372
its members to serve on the crematory review board, which is 28,373
hereby created, for such time as the president finds appropriate
to carry out the provisions of this chapter. Those members of 28,374
the crematory review board designated by the president to serve 28,375
and three members designated by the cemetery dispute resolution 28,377
commission shall designate, by a majority vote, one person who is 28,378
experienced in the operation of a crematory facility and who is
not affiliated with a cemetery or a funeral home to serve on the 28,379
crematory review board for such time as the crematory review 28,380
board finds appropriate. Members serving on the crematory review 28,381
board shall not receive any additional compensation for serving 28,382
on the board, but may be reimbursed for their actual and 28,383
necessary expenses incurred in the performance of official duties
as members of the board. Members of the crematory review board 28,384
shall designate one from among its members to serve as a 28,385
chairperson for such time as the board finds appropriate. Costs 28,386
associated with conducting an adjudicatory hearing in accordance 28,387
with division (E) of this section shall be paid from funds 28,388
available to the board of embalmers and funeral directors. 28,389
(E) Upon receiving written notice from the board of 28,392
embalmers and funeral directors of any of the following, the 28,393
crematory review board shall conduct an adjudicatory hearing on 28,394
658
the matter in accordance with Chapter 119. of the Revised Code, 28,395
except as otherwise provided in this section or division (C) of 28,397
section 4717.14 of the Revised Code: 28,398
(1) Notice provided under division (H) of this section of 28,400
an alleged violation of any provision of this chapter or any 28,401
rules adopted under this chapter, or section 1107.33 1111.19 of 28,403
the Revised Code, governing or in connection with crematory 28,407
facilities or cremation;
(2) Notice provided under division (B) of section 4717.14 28,410
of the Revised Code that the board of embalmers and funeral 28,411
directors proposes to refuse to grant or renew, or to suspend or 28,413
revoke, a license to operate a crematory facility; 28,414
(3) Notice provided under division (C) of section 4717.14 28,416
of the Revised Code that the board of embalmers and funeral 28,417
directors has issued an order summarily suspending a license to 28,418
operate a crematory facility; 28,419
(4) Notice provided under division (B) of section 4717.15 28,421
of the Revised Code that the board of embalmers and funeral 28,422
directors proposes to issue a notice of violation and order 28,423
requiring payment of a forfeiture for any violation described in 28,424
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised Code 28,427
alleged in connection with a crematory facility or cremation. 28,428
Nothing in division (E) of this section precludes the 28,430
crematory review board from appointing an independent examiner in 28,431
accordance with section 119.09 of the Revised Code to conduct any 28,432
adjudication hearing required under division (E) of this section. 28,433
The crematory review board shall submit a written report of 28,436
findings and advisory recommendations, and a written transcript 28,437
of its proceedings, to the board of embalmers and funeral 28,438
directors. The board of embalmers and funeral directors shall 28,439
serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to the 28,441
adjudication or the party's attorney, by certified mail, within 28,442
five days after receiving the report and advisory
659
recommendations. A party may file objections to the written 28,443
report with the board of embalmers and funeral directors within 28,444
ten days after receiving the report. No written report is final 28,446
or appealable until it is issued as a final order by the board of 28,447
embalmers and funeral directors and entered on the record of the 28,448
proceedings. The board of embalmers and funeral directors shall 28,449
consider objections filed by the party prior to issuing a final 28,450
order. After reviewing the findings and advisory recommendations 28,451
of the crematory review board, the written transcript of the 28,452
crematory review board's proceedings, and any objections filed by 28,453
a party, the board of embalmers and funeral directors shall issue 28,454
a final order in the matter. Any party may appeal the final 28,455
order issued by the board of embalmers and funeral directors in a 28,456
matter described in divisions (E)(1) to (4) of this section in 28,458
accordance with section 119.12 of the Revised Code, except that 28,459
the appeal may be made to the court of common pleas in the county 28,460
in which is located the crematory facility to which the final 28,461
order pertains, or in the county in which the party resides. 28,462
(F) On its own initiative or on receiving a written 28,465
complaint from any person whose identity is made known to the 28,466
board of embalmers and funeral directors, the board shall
investigate the acts or practices of any person holding or 28,468
claiming to hold a license or registration under this chapter 28,469
that, if proven to have occurred, would violate this chapter or 28,470
any rules adopted under it, or section 1107.33 1111.19 of the 28,471
Revised Code. The board may compel witnesses by subpoena to 28,473
appear and testify in relation to investigations conducted under 28,474
this chapter and may require by subpoena duces tecum the 28,475
production of any book, paper, or document pertaining to an 28,476
investigation. If a person does not comply with a subpoena or 28,477
subpoena duces tecum, the board may apply to the court of common 28,478
pleas of any county in this state for an order compelling the 28,479
person to comply with the subpoena or subpoena duces tecum, or 28,480
for failure to do so, to be held in contempt of court. 28,481
660
(G) If, as a result of its investigation conducted under 28,483
division (F) of this section, the board of embalmers and funeral 28,484
directors has reasonable cause to believe that the person 28,485
investigated is violating any provision of this chapter or any 28,486
rules adopted under this chapter, or section 1107.33 1111.19 of 28,488
the Revised Code, governing or in connection with embalming, 28,490
funeral directing, funeral homes, embalming facilities, or the 28,491
operation of funeral homes or embalming facilities, it may, after 28,492
providing the opportunity for an adjudicatory hearing, issue an
order directing the person to cease the acts or practices that 28,494
constitute the violation. The board shall conduct the 28,495
adjudicatory hearing in accordance with Chapter 119. of the 28,496
Revised Code except that, notwithstanding the provisions of that 28,497
chapter, the following shall apply: 28,498
(1) The board shall send the notice informing the person 28,501
of the person's right to a hearing by certified mail.
(2) The person is entitled to a hearing only if the person 28,503
requests a hearing and if the board receives the request within 28,504
thirty days after the mailing of the notice described in division 28,506
(G)(1) of this section.
(3) A stenographic record shall be taken, in the manner 28,508
prescribed in section 119.09 of the Revised Code, at every 28,510
adjudicatory hearing held under this section, regardless of 28,511
whether the record may be the basis of an appeal to a court.
(H) If, as a result of its investigation conducted under 28,514
division (F) of this section, the board of embalmers and funeral 28,515
directors has reasonable cause to believe that the person 28,516
investigated is violating any provision of this chapter or any 28,517
rules adopted under this chapter, or section 1107.33 1111.19 of 28,518
the Revised Code, governing or in connection with crematory 28,520
facilities or cremation, the board shall send written notice of 28,521
the alleged violation to the crematory review board. If, after 28,522
the conclusion of the adjudicatory hearing in the matter 28,523
conducted under division (E) of this section, the board of 28,525
661
embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted 28,526
under this chapter, or section 1107.33 1111.19 of the Revised 28,528
Code, governing or in connection with crematory facilities or 28,529
cremation, the board may issue a final order under that division 28,530
directing the person to cease the acts or practices that 28,531
constitute the violation. 28,532
(I) The board of embalmers and funeral directors may bring 28,534
a civil action to enjoin any violation or threatened violation of 28,535
section 1107.33 1111.19; sections 4717.01 to 4717.15 of the 28,536
Revised Code or a rule adopted under any of those sections; 28,538
division (A) or (B) of section 4717.23; division (B)(1) or (2), 28,540
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to 28,541
(K) of section 4717.26; division (D)(1) of section 4717.27; or 28,542
divisions (A) to (C) of section 4717.28 of the Revised Code. The 28,544
action shall be brought in the county where the violation 28,545
occurred or the threatened violation is expected to occur. At 28,546
the request of the board, the attorney general shall represent 28,547
the board in any matter arising under this chapter. 28,548
(J) The board of embalmers and funeral directors and the 28,550
crematory review board may issue subpoenas for funeral directors 28,552
and embalmers or persons holding themselves out as such, for 28,553
operators of crematory facilities or persons holding themselves
out as such, or for any other person whose testimony, in the 28,554
opinion of either board, is necessary. The subpoena shall 28,555
require the person to appear before the appropriate board or any 28,556
designated member of either board, upon any hearing conducted 28,557
under this chapter. The penalty for disobedience to the command 28,558
of such a subpoena is the same as for refusal to answer such a 28,559
process issued under authority of the court of common pleas. 28,560
(K) All moneys received by the board of embalmers and 28,562
funeral directors from any source shall be deposited in the state 28,563
treasury to the credit of the occupational licensing and 28,564
regulatory fund created in section 4743.05 of the Revised Code. 28,565
662
(L) The board of embalmers and funeral directors shall 28,567
submit a written report to the governor on or before the first 28,568
Monday of July of each year. This report shall contain a 28,569
detailed statement of the nature and amount of the board's 28,570
receipts and the amount and manner of its expenditures. 28,571
Sec. 4717.05. (A) Any person who desires to be licensed 28,581
as an embalmer shall apply to the board of embalmers and funeral 28,582
directors on a form provided by the board. The applicant shall 28,583
include with the application an initial license fee as set forth 28,584
in section 4717.07 of the Revised Code and evidence, verified by 28,585
oath and satisfactory to the board, that the applicant meets all 28,586
of the following requirements:
(1) The applicant is at least eighteen years of age and of 28,588
good moral character. 28,589
(2) If the applicant has pleaded guilty to, has been found 28,591
by a judge or jury to be guilty of, or has had a judicial finding 28,592
of eligibility for treatment in lieu of conviction entered 28,593
against the applicant in this state for aggravated murder, 28,594
murder, voluntary manslaughter, felonious assault, kidnapping, 28,595
rape, sexual battery, gross sexual imposition, aggravated arson, 28,596
aggravated robbery, or aggravated burglary, or has pleaded guilty 28,597
to, has been found by a judge or jury to be guilty of, or has had 28,599
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction 28,600
for a substantially equivalent offense, at least five years has 28,601
elapsed since the applicant was released from incarceration, 28,602
probation, parole, or treatment in connection with the offense. 28,603
(3) The applicant holds at least a bachelor's degree or 28,605
its equivalent from a college or university authorized to confer 28,606
degrees by the Ohio board of regents or the comparable legal 28,608
agency of another state in which the college or university is 28,609
located and submits an official transcript from that college or
university with the application. 28,610
(4) The applicant has satisfactorily completed at least 28,613
663
twelve months of instruction in a prescribed course in mortuary 28,614
science as approved by the board, and has presented to the board 28,615
a certificate showing successful completion of the course. The 28,616
course of mortuary science college training may be completed
either before or after the completion of the educational standard 28,617
set forth in division (A)(3) of this section. 28,618
(5) The applicant has registered with the board prior to 28,620
beginning an embalmer apprenticeship. 28,621
(6) The applicant has satisfactorily completed at least 28,623
one year of apprenticeship under an embalmer licensed in this 28,624
state and has assisted that person in embalming at least 28,625
twenty-five dead human bodies. 28,626
(7) The applicant, upon meeting the educational standards 28,629
provided for in divisions (A)(3) and (4) of this section and 28,630
completing the apprenticeship required in division (A)(6) of this 28,631
section, has completed the examination for an embalmer's license 28,632
required by the board.
(B) Upon receiving satisfactory evidence verified by oath 28,635
that the applicant meets all the requirements of division (A) of 28,636
this section, the board shall issue the applicant an embalmer's 28,637
license.
(C) Any person who desires to be licensed as a funeral 28,640
director shall apply to the board on a form provided by the 28,641
board. The application shall include an initial license fee as 28,642
set forth in section 4717.07 of the Revised Code and evidence, 28,643
verified by oath and satisfactory to the board, that the 28,644
applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this 28,647
section, the applicant has satisfactorily met all the
requirements for an embalmer's license as described in divisions 28,648
(A)(1) to (4) of this section. 28,649
(2) The applicant has registered with the board prior to 28,651
beginning a funeral director apprenticeship. 28,652
(3) The applicant, following mortuary science college 28,654
664
training described in division (A)(4) of this section, has served 28,655
a one-year apprenticeship under a licensed funeral director in 28,656
this state and has assisted that person in directing at least 28,657
twenty-five funerals. 28,658
(4) The applicant has satisfactorily completed the 28,660
examination for a funeral director's license as required by the 28,661
board.
(D) In lieu of mortuary science college training required 28,664
for a funeral director's license under division (C)(1) of this 28,665
section, the applicant may substitute a two-year apprenticeship 28,666
under a licensed funeral director in this state assisting that 28,667
person in directing at least fifty funerals. 28,668
(E) Upon receiving satisfactory evidence that the 28,671
applicant meets all the requirements of division (C) of this 28,672
section, the board shall issue TO the applicant a funeral
director's license. 28,673
Sec. 4717.07. (A) The board of embalmers and funeral 28,683
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral 28,685
director's license, five dollars; 28,686
(2) For the issuance of an embalmer or funeral director 28,688
registration, twenty-five dollars; 28,689
(3) For filing an embalmer or funeral director certificate 28,691
of apprenticeship, ten dollars; 28,692
(4) For the application to take the examination for a 28,694
license to practice as an embalmer or funeral director, or to 28,695
retake a section of the examination, thirty-five dollars; 28,696
(5) For the renewal of an embalmer's or funeral director's 28,699
license, thirty SIXTY dollars;
(6) For the issuance and renewal of a license to operate a 28,702
funeral home, one hundred twenty-five dollars;
(7) For the reinstatement of a lapsed embalmer's or 28,704
funeral director's license, the renewal fee prescribed in 28,705
division (A)(5) of this section plus fifty dollars for each month 28,706
665
or portion of a month the license is lapsed until reinstatement; 28,707
(8) For the reinstatement of a lapsed license to operate a 28,710
funeral home, the renewal fee prescribed in division (A)(6) of 28,711
this section plus fifty dollars for each month or portion of a
month the license is lapsed until reinstatement; 28,712
(9) For the issuance and renewal of a license to operate 28,715
an embalming facility, one hundred dollars;
(10) For the reinstatement of a lapsed license to operate 28,718
an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or 28,719
portion of a month the license is lapsed until reinstatement; 28,720
(11) For the issuance and renewal of a license to operate 28,723
a crematory facility, one hundred dollars;
(12) For the reinstatement of a lapsed license to operate 28,726
a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or 28,727
portion of a month the license is lapsed until reinstatement; 28,728
(13) For the issuance of a duplicate of a license issued 28,730
under this chapter, four dollars. 28,731
(B) In addition to the fees set forth in division (A) of 28,734
this section, an applicant shall pay the examination fee assessed 28,735
by any examining agency the board uses for any section of an 28,736
examination required under this chapter.
(C) Subject to the approval of the controlling board, the 28,739
board of embalmers and funeral directors may establish fees in 28,740
excess of the amounts set forth in this section, provided that 28,741
these fees do not exceed the amounts set forth in this section by 28,742
more than fifty per cent.
Sec. 4717.13. (A) No person shall do any of the 28,752
following:
(1) Engage in the business or profession of funeral 28,754
directing unless the person is licensed as a funeral director 28,755
under this chapter, is certified as an apprentice funeral 28,756
director in accordance with rules adopted under section 4717.04 28,757
666
of the Revised Code and is assisting a funeral director licensed 28,759
under this chapter, or is a student in a college of mortuary
sciences approved by the board and is under the direct 28,760
supervision of a funeral director licensed by the board; 28,761
(2) Engage in embalming unless the person is licensed as 28,763
an embalmer under this chapter, is certified as an apprentice 28,764
embalmer in accordance with rules adopted under section 4717.04 28,765
of the Revised Code and is assisting an embalmer licensed under 28,766
this chapter, or is a student in a college of mortuary science 28,768
approved by the board and is under the direct supervision of an 28,769
embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the 28,772
impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this 28,773
chapter and is employed by or under contract to a licensed 28,774
funeral home and performs funeral directing services for that 28,775
funeral home in a manner consistent with the advertisement, 28,776
offering, or conveyance; 28,777
(4) Advertise or otherwise offer to provide or convey the 28,780
impression that the person provides embalming services unless the 28,781
person is licensed as an embalmer under this chapter and is
employed by or under contract to a licensed funeral home or a 28,782
licensed embalming facility and performs embalming services for 28,783
the funeral home or embalming facility in a manner consistent 28,784
with the advertisement, offering, or conveyance; 28,785
(5) Operate a funeral home without a license to operate 28,787
the funeral home issued by the board under this chapter; 28,788
(6) Practice the business or profession of funeral 28,790
directing from any place except from a funeral home that a person 28,791
is licensed to operate under this chapter; 28,792
(7) Practice embalming from any place except from a 28,794
funeral home or embalming facility that a person is licensed to 28,795
operate under this chapter; 28,796
(8) Operate a crematory or perform cremation without a 28,799
667
license to operate the crematory issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead 28,801
human bodies or body parts are cremated or cremate dead human 28,802
bodies or human body parts in a cremation chamber in which 28,803
animals are cremated.
(B) No funeral director or other person in charge of the 28,806
final disposition of a dead human body shall fail to do one of 28,808
the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag 28,810
encased in a durable and long-lasting material that contains the 28,811
name, date of birth, date of death, and social security number of 28,813
the deceased;
(2) Place in the casket a capsule containing a tag bearing 28,815
the information described in division (B)(1) of this section; 28,817
(3) If the body was cremated, place in the vessel 28,819
containing the cremated remains a tag bearing the information 28,820
described in division (B)(1) of this section. 28,822
(C) No person who holds a funeral home license for a 28,825
funeral home that is closed, or that is owned by a funeral 28,826
business in which changes in the ownership of the funeral 28,827
business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in 28,828
combination with others did not own a majority of the funeral 28,829
business immediately prior to the change in ownership, shall fail 28,830
to submit to the board within thirty days after the closing or 28,831
such a change in ownership of the funeral business owning the 28,832
funeral home, a clearly enumerated account of all of the 28,835
following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection 28,836
with the funeral home, was to receive payment for providing 28,837
funeral services, funeral goods, or any combination of those in 28,838
connection with the funeral or final disposition of a dead human 28,839
body: 28,840
(1) Preneed funeral contracts governed by section 1107.33 28,842
668
1111.19 of the Revised Code; 28,845
(2) Life insurance policies the benefits of which are 28,847
payable to the provider of funeral or burial goods or services; 28,848
(3) Accounts at banks or savings banks insured by the 28,850
federal deposit insurance corporation, savings and loan 28,851
associations insured by the federal savings and loan insurance 28,852
corporation or the Ohio deposit guarantee fund, or credit unions 28,854
insured by the national credit union administration or a credit 28,855
union share guaranty corporation organized under Chapter 1761. of 28,856
the Revised Code that are payable upon the death of the person 28,858
for whose benefit deposits into the accounts were made. 28,859
Sec. 4723.06. (A) The board of nursing shall: 28,868
(1) Administer and enforce the provisions of this chapter, 28,870
including the taking of disciplinary action for violations of 28,871
section 4723.28 of the Revised Code, any other provisions of this 28,872
chapter, or rules promulgated under Chapter 119. of the Revised 28,873
Code; 28,874
(2) Examine applicants for licensure to practice as a 28,876
registered nurse or as a licensed practical nurse; 28,877
(3) Issue and renew licenses as provided in this chapter; 28,879
(4) Define the minimum curricula and standards for 28,881
educational programs of the schools of professional nursing and 28,882
schools of practical nursing in this state; 28,883
(5) Survey, inspect, and grant full approval to 28,885
prelicensure nursing education programs that meet the standards 28,887
established by rules adopted under section 4723.07 of the Revised 28,888
Code. Prelicensure nursing education programs include, but are 28,889
not limited to, associate degree, baccalaureate degree, diploma, 28,890
and doctor of nursing programs leading to initial licensure to 28,891
practice nursing as a registered nurse and practical nurse 28,892
programs leading to initial licensure to practice nursing as a 28,893
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 28,895
the board, to a new prelicensure nursing education program or a 28,896
669
program that is being reestablished after having ceased to 28,898
operate, if the program meets and maintains the minimum standards 28,900
of the board established by rules adopted under section 4723.07 28,901
of the Revised Code. If the board does not grant conditional 28,902
approval, it shall hold a hearing under Chapter 119. of the 28,903
Revised Code to consider conditional approval of the program. If 28,904
the board grants conditional approval, at its first meeting after 28,905
the first class has completed the program, the board shall 28,906
determine whether to grant full approval to the program. If the 28,907
board does not grant full approval or if it appears that the 28,910
program has failed to meet and maintain standards established by 28,911
rules adopted under section 4723.07 of the Revised Code, the 28,912
board shall hold a hearing under Chapter 119. of the Revised Code 28,913
to consider the program. Based on results of the hearing, the 28,914
board may continue or withdraw conditional approval, or grant 28,915
full approval.
(7) Place on provisional approval, for a period of time 28,917
specified by the board, a program that has ceased to meet and 28,919
maintain the minimum standards of the board established by rules 28,920
adopted under section 4723.07 of the Revised Code. At the end of 28,921
the period, the board shall reconsider whether the program meets 28,922
the standards and shall grant full approval if it does. If it 28,924
does not, the board may withdraw approval, pursuant to a hearing 28,925
under Chapter 119. of the Revised Code. 28,926
(8) Approve continuing nursing education programs and 28,928
courses under standards established in rules adopted under 28,929
section 4723.07 of the Revised Code; 28,930
(9) Approve peer support programs for nurses under rules 28,932
adopted under section 4723.07 of the Revised Code; 28,933
(10) Establish the alternative program for chemically 28,935
dependent nurses in accordance with section 4723.35 of the 28,936
Revised Code;
(11) ESTABLISH THE PRACTICE INTERVENTION AND IMPROVEMENT 28,938
PROGRAM IN ACCORDANCE WITH SECTION 4723.282 OF THE REVISED CODE; 28,939
670
(12) Issue and renew certificates of authority to practice 28,941
nursing as a certified registered nurse anesthetist, clinical 28,943
nurse specialist, certified nurse-midwife, or certified nurse 28,944
practitioner;
(12)(13) Approve under section 4723.46 of the Revised Code 28,947
national certifying organizations for examination and 28,948
certification of certified registered nurse anesthetists, 28,949
clinical nurse specialists, certified nurse-midwives, or 28,950
certified nurse practitioners;
(13)(14) Make an annual report to the governor, which 28,952
shall be open for public inspection; 28,954
(14)(15) Maintain and have open for public inspection the 28,956
following records: 28,957
(a) A record of all its meetings and proceedings; 28,959
(b) A file of applicants for and holders of licenses, 28,961
registrations, and certificates granted under this chapter. The 28,962
file shall be maintained in the form prescribed by rule of the 28,963
board. 28,964
(c) A list of prelicensure nursing education programs 28,966
approved by the board; 28,967
(d) A list of approved peer support programs for nurses. 28,969
(B) The board may fulfill the requirement of division 28,971
(A)(8) of this section by authorizing persons who meet the 28,972
standards established in rules adopted under division (F) of 28,973
section 4723.07 of the Revised Code to approve continuing nursing 28,974
education programs and courses. Persons so authorized shall 28,975
approve continuing nursing education programs and courses in 28,976
accordance with standards established in rules adopted under 28,977
division (E) of section 4723.07 of the Revised Code. 28,978
Persons seeking authorization to approve continuing nursing 28,980
education programs and courses shall apply to the board and pay 28,981
the appropriate fee established under section 4723.08 of the 28,982
Revised Code. Authorizations to approve continuing nursing 28,983
education programs and courses shall expire at the end of the 28,984
671
two-year period beginning the date of issuance and may be renewed 28,985
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 28,994
not to exceed the following limits: 28,995
(1) For application for licensure by examination to 28,997
practice nursing as a registered nurse or as a licensed practical 28,998
nurse, fifty dollars; 28,999
(2) For application for licensure by endorsement to 29,001
practice nursing as a registered nurse or as a licensed practical 29,002
nurse, fifty dollars; 29,003
(3) For application for a certificate of authority to 29,005
practice nursing as a certified registered nurse anesthetist, 29,006
clinical nurse specialist, certified nurse-midwife, or certified 29,008
nurse practitioner, one hundred dollars; 29,009
(4) For verification of a license or certificate to 29,011
another jurisdiction, fifteen dollars; 29,013
(5) For providing a replacement copy of a license or 29,015
certificate, fifteen dollars; 29,016
(6) For biennial renewal of any license, thirty-five 29,018
dollars;
(7) For biennial renewal of a certificate of authority to 29,020
practice nursing as a certified registered nurse anesthetist, 29,021
clinical nurse specialist, certified nurse-midwife, or certified 29,023
nurse practitioner, one hundred dollars;
(8) For processing a late application for renewal of any 29,025
license or certificate, fifty dollars; 29,026
(9) For application for authorization to approve 29,028
continuing nursing education programs and courses from an 29,029
applicant accredited by a national accreditation system for 29,030
nursing, five hundred dollars; 29,031
(10) For application for authorization to approve 29,033
continuing nursing education programs and courses from an 29,034
applicant not accredited by a national accreditation system for 29,035
nursing, one thousand dollars; 29,036
672
(11) For biennial renewal of EACH YEAR FOR WHICH 29,039
authorization to approve continuing nursing education programs 29,041
and courses IS RENEWED, three ONE hundred FIFTY dollars; 29,042
(12) For written verification of a license or certificate, 29,045
other than verification to another jurisdiction, five dollars. 29,046
The board may contract for services pertaining to this 29,047
verification process and the collection of the fee, and may 29,048
permit the contractor to retain a portion of the fees as 29,049
compensation, before any amounts are deposited into the state 29,050
treasury. 29,051
(B) Each quarter, the board of nursing shall certify to 29,053
the director of budget and management the number of biennial 29,054
licenses renewed under this chapter during the preceding quarter 29,055
and the amount equal to that number times five dollars. 29,056
Sec. 4723.28. As used in this section, "dangerous drug" 29,065
and "prescription" have the same meanings as in section 4729.01 29,067
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 29,069
conducted under Chapter 119. of the Revised Code and by a vote of 29,070
a quorum, may revoke or may refuse to grant a license or 29,071
certificate to a person found by the board to have committed 29,073
fraud in passing the examination or to have committed fraud, 29,074
misrepresentation, or deception in applying for or securing any 29,075
license or certificate issued by the board. 29,077
(B) The board of nursing, pursuant to an adjudication 29,079
conducted under Chapter 119. of the Revised Code and by a vote of 29,080
a quorum, may impose one or more of the following sanctions: 29,081
deny, revoke permanently, suspend, or place restrictions on any 29,082
license or certificate issued by the board; reprimand or 29,084
otherwise discipline a holder of a license or certificate; or 29,085
impose a fine of not more than five hundred dollars per 29,087
violation. The sanctions may be imposed for any of the
following: 29,088
(1) Denial, revocation, suspension, or restriction of a 29,090
673
license to practice nursing, for any reason other than a failure 29,091
to renew, in another state or jurisdiction; or denial, 29,092
revocation, suspension, or restriction of a license to practice a 29,093
health care occupation other than nursing, for any reason other 29,094
than a failure to renew, in Ohio or another state or 29,095
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 29,097
renew a license issued under this chapter, or while a license is 29,098
under suspension; 29,099
(3) Conviction of, a plea of guilty to, or a judicial 29,101
finding of guilt of a misdemeanor committed in the course of 29,102
practice; 29,103
(4) Conviction of, a plea of guilty to, or a judicial 29,105
finding of guilt of any felony or of any crime involving gross 29,106
immorality or moral turpitude; 29,107
(5) Selling, giving away, or administering drugs for other 29,109
than legal and legitimate therapeutic purposes; or conviction of, 29,110
a plea of guilty to, or a judicial finding of guilt of violating 29,111
any municipal, state, county, or federal drug law; 29,112
(6) Conviction of, a plea of guilty to, or a judicial 29,114
finding of guilt of an act in another jurisdiction that would 29,115
constitute a felony or a crime of moral turpitude in Ohio; 29,116
(7) Conviction of, a plea of guilty to, or a judicial 29,118
finding of guilt of an act in the course of practice in another 29,119
jurisdiction that would constitute a misdemeanor in Ohio; 29,120
(8) Self-administering or otherwise taking into the body 29,122
any dangerous drug in any way not in accordance with a legal, 29,123
valid prescription; 29,124
(9) Habitual indulgence in the use of controlled 29,126
substances, other habit-forming drugs, or alcohol or other 29,127
chemical substances to an extent that impairs ability to 29,128
practice; 29,129
(10) Impairment of the ability to practice according to 29,131
acceptable and prevailing standards of safe nursing care because 29,132
674
of habitual or excessive use of drugs, alcohol, or other chemical 29,135
substances that impair the ability to practice; 29,136
(11) Impairment of the ability to practice according to 29,138
acceptable and prevailing standards of safe nursing care because 29,139
of a physical or mental disability; 29,140
(12) Assaulting or causing harm to a patient or depriving 29,142
a patient of the means to summon assistance; 29,143
(13) Obtaining or attempting to obtain money or anything 29,145
of value by intentional misrepresentation or material deception 29,146
in the course of practice; 29,147
(14) Adjudication by a probate court that the license 29,149
applicant or license holder is mentally ill or mentally 29,150
incompetent. The board may restore the license upon adjudication 29,151
by a probate court of the person's restoration to competency or 29,152
upon submission to the board of other proof of competency. 29,153
(15) The suspension or termination of employment by the 29,155
department of defense or the veterans administration of the 29,156
United States for any act that violates or would violate this 29,157
chapter; 29,158
(16) Violation of this chapter or any rules adopted under 29,160
it; 29,161
(17) Violation of any restrictions placed on a license by 29,163
the board; 29,164
(18) Failure to use universal blood and body fluid 29,166
precautions established by rules adopted under section 4723.07 of 29,167
the Revised Code; 29,168
(19) Failure to practice in accordance with acceptable and 29,171
prevailing standards of safe nursing care; 29,172
(20) In the case of a registered nurse, engaging in 29,174
activities that exceed the practice of nursing as a registered 29,175
nurse under section 4723.02 of the Revised Code; 29,176
(21) In the case of a licensed practical nurse, engaging 29,178
in activities that exceed the practice of nursing as a licensed 29,179
practical nurse under section 4723.02 of the Revised Code; 29,180
675
(22) Aiding and abetting in the unlicensed practice of 29,182
nursing; 29,183
(23) In the case of a certified registered nurse 29,185
anesthetist, clinical nurse specialist, certified nurse-midwife, 29,187
or certified nurse practitioner, or a registered nurse approved 29,188
as an advanced practice nurse under section 4723.55 of the 29,189
Revised Code, either of the following: 29,190
(a) Waiving the payment of all or any part of a deductible 29,192
or copayment that a patient, pursuant to a health insurance or 29,193
health care policy, contract, or plan that covers such nursing 29,194
services, would otherwise be required to pay if the waiver is 29,195
used as an enticement to a patient or group of patients to 29,196
receive health care services from that provider; 29,197
(b) Advertising that the nurse will waive the payment of 29,199
all or any part of a deductible or copayment that a patient, 29,200
pursuant to a health insurance or health care policy, contract, 29,201
or plan that covers such nursing services, would otherwise be 29,202
required to pay. 29,203
(24) Failure to comply with the terms and conditions of 29,205
participation in the alternative program for chemically dependent 29,207
nurses created by section 4723.35 of the Revised Code; 29,208
(25) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS 29,210
REQUIRED UNDER THE PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM 29,211
ESTABLISHED UNDER SECTION 4723.282 OF THE REVISED CODE; 29,212
(26) In the case of a certified registered nurse 29,214
anesthetist, clinical nurse specialist, certified nurse-midwife, 29,216
or certified nurse practitioner: 29,217
(a) Engaging in activities that exceed those permitted for 29,220
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 29,221
(b) Failure to meet the quality assurance standards 29,223
established under section 4723.07 of the Revised Code. 29,225
(26)(27) In the case of a clinical nurse specialist, 29,227
certified nurse-midwife, or certified nurse practitioner, failure 29,229
676
to maintain a standard care arrangement in accordance with 29,230
section 4723.431 of the Revised Code or to practice in accordance 29,231
with the standard care arrangement. 29,232
(C) If a criminal action is brought against a license 29,234
holder for an act or crime described in divisions (B)(3) to (7) 29,235
of this section and the action is dismissed by the trial court 29,236
other than on the merits, the board shall hold an adjudication 29,238
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 29,239
basis of the hearing that the license holder committed the act, 29,240
or if the license holder fails to participate in the hearing, the 29,241
board may take action as though the license holder had been 29,242
convicted of the act. 29,243
If the board takes action on the basis of a conviction, 29,245
plea of guilty, or a judicial determination of guilt as described 29,246
in divisions (B)(3) to (7) of this section that is overturned on 29,247
appeal, the license holder may, on exhaustion of the appeal 29,248
process, petition the board for reconsideration of its action. 29,249
On receipt of the petition and supporting court documents, the 29,250
board shall temporarily rescind its action. If the board 29,251
determines that the decision on appeal was a decision on the 29,252
merits, it shall permanently rescind its action. If the board 29,253
determines that the decision on appeal was not a decision on the 29,254
merits, it shall hold an adjudicatory hearing to determine 29,255
whether the license holder committed the act on which the 29,256
original conviction, plea, or judicial determination was based. 29,257
If the board determines on the basis of the hearing that the 29,258
license holder committed such act, or if the license holder does 29,259
not request a hearing, the board shall reinstate its action; 29,260
otherwise, the board shall permanently rescind its action. 29,261
Notwithstanding the provision of division (C)(2) of section 29,263
2953.32 of the Revised Code specifying that if records pertaining 29,264
to a criminal case are sealed under that section the proceedings 29,265
in the case shall be deemed not to have occurred, sealing of the 29,266
677
records of a conviction on which the board has based an action 29,267
under this section shall have no effect on the board's action or 29,268
any sanction imposed by the board under this section. 29,269
(D) In enforcing division (B) of this section, the board 29,271
may compel any individual licensed by this chapter or who has 29,272
applied for licensure to submit to a mental or physical 29,273
examination, or both, as required by the board and at the expense 29,274
of the individual. Failure of any individual to submit to a 29,275
mental or physical examination when directed constitutes an 29,276
admission of the allegations, unless the failure is due to 29,277
circumstances beyond the individual's control, and a default and 29,278
final order may be entered without the taking of testimony or 29,279
presentation of evidence. If the board finds that an individual 29,280
is impaired, the board shall require the individual to submit to 29,281
care, counseling, or treatment approved or designated by the 29,282
board, as a condition for initial, continued, reinstated, or 29,283
renewed licensure to practice. The individual shall be afforded 29,284
an opportunity to demonstrate to the board that the individual 29,285
can resume the individual's occupation in compliance with 29,287
acceptable and prevailing standards under the provisions of the 29,289
individual's license. For the purpose of this section, any 29,291
individual who is licensed by this chapter or makes application 29,292
for licensure shall be deemed to have given consent to submit to 29,293
a mental or physical examination when directed to do so in 29,294
writing by the board, and to have waived all objections to the 29,295
admissibility of testimony or examination reports that constitute 29,296
a privileged communication.
(E) The board shall investigate evidence that appears to 29,298
show that any person has violated any provision of this chapter 29,299
or any rule of the board. Any person may report to the board any 29,300
information the person may have that appears to show a violation 29,301
of any provision of this chapter or rule of the board. In the 29,302
absence of bad faith, any person who reports such information or 29,303
who testifies before the board in any adjudication conducted 29,305
678
under Chapter 119. of the Revised Code shall not be liable for 29,306
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 29,308
investigation is confidential and not subject to discovery in any 29,309
civil action, except that the board may disclose information to 29,310
law enforcement officers and government entities investigating a 29,311
person licensed by the board. No law enforcement officer or 29,312
government entity with knowledge of any information disclosed by 29,313
the board pursuant to this division shall divulge the information 29,314
to any other person or government entity except for the purpose 29,315
of an adjudication by a court or licensing or registration board 29,316
or officer to which the person to whom the information relates is
a party. 29,317
If the investigation requires a review of patient records, 29,319
the investigation and proceeding shall be conducted in such a 29,320
manner as to protect patient confidentiality. 29,321
All hearings and investigations of the board shall be 29,323
considered civil actions for the purposes of section 2305.251 of 29,324
the Revised Code. 29,325
The hearings of the board shall be conducted in accordance 29,327
with Chapter 119. of the Revised Code. The board may appoint a 29,328
hearing examiner as provided in section 119.09 to conduct any 29,329
hearing the board is empowered to hold under Chapter 119. of the 29,330
Revised Code. 29,331
In the absence of fraud or bad faith, neither the board nor 29,333
any current or former members, agents, representatives, or 29,334
employees of the board shall be held liable in damages to any 29,335
person as the result of any act, omission, proceeding, conduct, 29,336
or decision related to their official duties undertaken or 29,337
performed pursuant to this chapter. If a current or former 29,338
member, agent, representative, or employee requests the state to 29,339
defend the individual against any claim or action arising out of 29,340
any act, omission, proceeding, conduct, or decision related to 29,342
the individual's official duties, if the request is made in 29,344
679
writing at a reasonable time before trial, and if the individual 29,345
requesting defense cooperates in good faith in the defense of the 29,346
claim or action, the state shall provide and pay for such defense 29,347
and shall pay any resulting judgment, compromise, or settlement. 29,348
At no time shall the state pay that part of a claim or judgment 29,349
that is for punitive or exemplary damages. 29,350
(F) Any action taken by the board under this section 29,352
resulting in a suspension from practice shall be accompanied by a 29,353
written statement of the conditions under which the person may be 29,354
reinstated to practice. 29,355
(G) No unilateral surrender of a license issued under this 29,357
chapter shall be effective unless accepted by majority vote of 29,358
the board. No application for a license issued under this 29,359
chapter may be withdrawn without a majority vote of the board. 29,360
(H) Notwithstanding division (B)(23) of this section, 29,362
sanctions shall not be imposed against any licensee who waives 29,363
deductibles and copayments: 29,364
(1) In compliance with the health benefit plan that 29,366
expressly allows such a practice. Waiver of the deductibles or 29,367
copayments shall be made only with the full knowledge and consent 29,368
of the plan purchaser, payer, and third-party administrator. The 29,369
consent shall be made available to the board upon request. 29,370
(2) For professional services rendered to any other person 29,372
licensed pursuant to this chapter to the extent allowed by this 29,373
chapter and the rules of the board. 29,374
Sec. 4723.282. (A) AS USED IN THIS SECTION, "PRACTICE 29,377
DEFICIENCY" MEANS ANY ACTIVITY THAT DOES NOT MEET ACCEPTABLE AND 29,378
PREVAILING STANDARDS OF SAFE AND EFFECTIVE NURSING CARE. 29,379
(B) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING 29,381
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 29,383
AGAINST THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS 29,384
CHAPTER WHO HAS A PRACTICE DEFICIENCY THAT HAS BEEN IDENTIFIED BY 29,385
THE BOARD THROUGH AN INVESTIGATION CONDUCTED UNDER SECTION 29,386
4723.28 OF THE REVISED CODE. THE BOARD MAY ABSTAIN FROM TAKING 29,387
680
ACTION ONLY IF THE BOARD HAS REASON TO BELIEVE THAT THE 29,388
INDIVIDUAL'S PRACTICE DEFICIENCY CAN BE CORRECTED THROUGH 29,389
REMEDIATION, AND IF THE INDIVIDUAL ENTERS INTO AN AGREEMENT WITH 29,390
THE BOARD TO SEEK REMEDIATION AS PRESCRIBED BY THE BOARD, 29,391
COMPLIES WITH THE TERMS AND CONDITIONS OF THE REMEDIATION, AND 29,392
SUCCESSFULLY COMPLETES THE REMEDIATION. IF AN INDIVIDUAL FAILS 29,393
TO COMPLETE THE REMEDIATION OR THE BOARD DETERMINES THAT 29,394
REMEDIATION CANNOT CORRECT THE INDIVIDUAL'S PRACTICE DEFICIENCY, 29,395
THE BOARD SHALL PROCEED WITH DISCIPLINARY ACTION IN ACCORDANCE 29,396
WITH SECTION 4723.28 OF THE REVISED CODE. 29,397
(C) TO IMPLEMENT ITS AUTHORITY UNDER THIS SECTION TO 29,399
ABSTAIN FROM TAKING DISCIPLINARY ACTION, THE BOARD SHALL 29,400
ESTABLISH A PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM. THE 29,401
BOARD SHALL DESIGNATE AN ADMINISTRATOR TO OPERATE THE PROGRAM 29,402
AND, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT 29,404
RULES FOR THE PROGRAM THAT ESTABLISH THE FOLLOWING: 29,405
(1) CRITERIA FOR USE IN IDENTIFYING AN INDIVIDUAL'S 29,407
PRACTICE DEFICIENCY; 29,408
(2) REQUIREMENTS THAT AN INDIVIDUAL MUST MEET TO BE 29,410
ELIGIBLE FOR REMEDIATION AND THE BOARD'S ABSTENTION FROM 29,411
DISCIPLINARY ACTION; 29,412
(3) STANDARDS AND PROCEDURES FOR PRESCRIBING REMEDIATION 29,414
THAT IS APPROPRIATE FOR AN INDIVIDUAL'S IDENTIFIED PRACTICE 29,415
DEFICIENCY; 29,416
(4) TERMS AND CONDITIONS THAT AN INDIVIDUAL MUST MEET TO 29,418
BE SUCCESSFUL IN COMPLETING THE REMEDIATION PRESCRIBED; 29,419
(5) PROCEDURES FOR THE BOARD'S MONITORING OF THE 29,421
INDIVIDUAL'S REMEDIATION; 29,422
(6) PROCEDURES FOR MAINTAINING CONFIDENTIAL RECORDS 29,424
REGARDING INDIVIDUALS WHO PARTICIPATE IN REMEDIATION; 29,425
(7) ANY OTHER REQUIREMENTS OR PROCEDURES NECESSARY TO 29,427
DEVELOP AND ADMINISTER THE PROGRAM. 29,428
(D) ALL RECORDS HELD BY THE BOARD FOR PURPOSES OF THE 29,430
PROGRAM SHALL BE CONFIDENTIAL, ARE NOT PUBLIC RECORDS FOR 29,431
681
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND ARE NOT 29,433
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY 29,434
JUDICIAL PROCEEDING. THE ADMINISTRATOR OF THE PROGRAM SHALL 29,435
MAINTAIN ALL RECORDS IN THE BOARD'S OFFICE IN ACCORDANCE WITH THE 29,436
BOARD'S RECORD RETENTION SCHEDULE.
(E) WHEN AN INDIVIDUAL BEGINS THE REMEDIATION PRESCRIBED 29,439
BY THE BOARD, THE INDIVIDUAL SHALL SIGN A WAIVER PERMITTING ANY 29,440
ENTITY THAT PROVIDES SERVICES RELATED TO THE REMEDIATION TO 29,441
RELEASE TO THE BOARD INFORMATION REGARDING THE INDIVIDUAL'S 29,442
PROGRESS. AN ENTITY THAT PROVIDES SERVICES RELATED TO 29,443
REMEDIATION SHALL REPORT TO THE BOARD IF THE INDIVIDUAL FAILS TO 29,444
COMPLETE THE REMEDIATION.
IN THE ABSENCE OF FRAUD OR BAD FAITH, AN ENTITY THAT 29,446
REPORTS TO THE BOARD REGARDING AN INDIVIDUAL'S PRACTICE 29,447
DEFICIENCY, OR PROGRESS OR LACK OF PROGRESS IN REMEDIATION, IS 29,448
NOT LIABLE IN DAMAGES TO ANY PERSON AS A RESULT OF MAKING THE 29,449
REPORT.
(F) AN INDIVIDUAL PARTICIPATING IN REMEDIATION PRESCRIBED 29,452
UNDER THIS SECTION IS RESPONSIBLE FOR ALL FINANCIAL OBLIGATIONS 29,453
THAT MAY ARISE FROM OBTAINING OR COMPLETING THE REMEDIATION. 29,454
Sec. 4725.16. (A) Each certificate of licensure, topical 29,463
ocular pharmaceutical agents certificate, and therapeutic 29,465
pharmaceutical agents certificate issued by the state board of 29,467
optometry shall expire annually on the last day of December, and 29,468
may be renewed in accordance with this section and the standard 29,469
renewal procedure established under Chapter 4745. of the Revised 29,471
Code.
(B) All licensed optometrists shall annually complete 29,474
continuing education in subjects relating to the practice of 29,476
optometry, to the end that the utilization and application of new 29,477
techniques, scientific and clinical advances, and the 29,478
achievements of research will assure comprehensive care to the 29,479
public. The board shall prescribe by rule the continuing 29,480
optometric education that licensed optometrists must complete. 29,481
682
The length of study shall be determined by the board but shall be 29,483
not less than six nor more than twenty-five clock hours each 29,484
year, except that the board shall prescribe an additional five 29,486
clock hours of instruction in pharmacology to be completed by 29,488
optometrists who hold topical ocular pharmaceutical agents 29,489
certificates or therapeutic pharmaceutical agents certificates. 29,490
Unless the continuing education required under this 29,492
division is waived or deferred under division (D) of this 29,493
section, the continuing education must be completed during the 29,494
twelve-month period beginning on the first day of October and 29,496
ending on the last day of September. If the board receives 29,497
notice from a continuing education program indicating that an 29,498
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 29,499
education completed after that day to renew the license that 29,500
expires on the last day of December of that year, the optometrist 29,502
shall pay the penalty specified under section 4725.34 of the 29,503
Revised Code for late completion of continuing education. 29,504
At least once annually, the board shall mail to each 29,507
licensed optometrist a list of courses approved in accordance 29,508
with standards prescribed by board rule. Upon the request of a 29,509
licensed optometrist, the executive director of the board shall 29,511
supply a list of additional courses that the board has approved 29,513
subsequent to the most recent mailing of the list of approved 29,514
courses.
(C) Annually, by the first day of November, the board 29,517
shall mail to each licensed optometrist a notice regarding 29,518
license renewal and an application for license renewal. The 29,519
application shall be in such form and require such pertinent 29,520
professional biographical data as the board may require. Filing 29,521
of the application with the board shall serve as notice by the 29,522
optometrist that the continuing optometric education requirement 29,524
has been successfully completed.
If the board finds that the optometrist has not completed 29,526
683
the required continuing optometric education, the board shall 29,528
disapprove the optometrist's application. All other applications 29,530
shall be approved. The board shall refuse to accept an 29,531
application for renewal from any applicant whose license is not
in good standing or who is under disciplinary review pursuant to 29,532
section 4725.19 of the Revised Code. 29,533
The board's order of disapproval for renewal shall be 29,535
effective without a hearing unless a hearing is requested 29,538
pursuant to Chapter 119. of the Revised Code. Notice of the 29,540
applicant's failure to qualify for renewal shall be served upon 29,541
the applicant by mail, which shall be sent on or before the 29,543
fifteenth day of November to the address shown in the board's 29,545
records.
(D) In cases of certified illness or undue hardship, the 29,547
board may waive or defer for up to twelve months the requirement 29,549
of continuing optometric education, except that in such cases the 29,551
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 29,552
topical ocular pharmaceutical agents certificates or therapeutic 29,553
pharmaceutical agents certificates. The board shall waive the 29,554
requirement of continuing optometric education for any 29,555
optometrist who is serving in the armed forces of the United 29,556
States or who has received an initial certificate of licensure 29,558
during the nine-month period which ended on the last day of 29,559
September.
(E) An optometrist who desires to continue the practice of 29,563
optometry and whose application for license renewal has been 29,564
approved by the board may renew each certificate held by paying 29,565
the fees for renewal specified under section 4725.34 of the 29,566
Revised Code. The optometrist shall pay the fees on or before 29,567
the first day of January to the treasurer of state. On payment 29,569
of the renewal fees, the board shall issue a renewal of the 29,570
optometrist's certificate of licensure, topical ocular 29,571
pharmaceutical agents certificate, and therapeutic pharmaceutical 29,572
684
agents certificate, as appropriate. 29,573
(F) A notice shall be sent to every licensed optometrist 29,577
who fails to respond to the notice provided under division (C) of 29,578
this section, at the optometrist's last address, at least one 29,580
month in advance of the date of expiration. A second notice 29,582
shall be sent in advance of the date of expiration and prior to 29,583
any action under division (G) of this section to classify the 29,584
optometrist's certificates as delinquent, to every optometrist 29,585
failing to respond to the preceding notice. 29,586
(G)(1) The failure of an optometrist to apply for license 29,589
renewal or the failure to pay the applicable annual renewal fees 29,591
on or before the last day of December of each year, shall 29,592
automatically work a forfeiture of the optometrist's authority to 29,594
practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's 29,595
records as delinquent. 29,596
(2) Any optometrist subject to delinquent classification 29,599
may submit a written application to the board for reinstatement. 29,601
For reinstatement to occur, the applicant must meet all of the 29,602
following conditions:
(a) Submit to the board evidence of compliance with board 29,605
rules requiring continuing optometric education in a sufficient 29,606
number of hours to make up for any delinquent compliance; 29,607
(b) Pay all delinquent annual THE renewal fees FOR THE 29,610
YEAR IN WHICH APPLICATION FOR REINSTATEMENT IS MADE and the 29,611
penalty for reinstatement FEE specified under DIVISION (A)(7) OF 29,612
section 4725.34 of the Revised Code; 29,613
(c) Pass all or part of the licensing examination accepted 29,616
by the board under section 4725.11 of the Revised Code as the 29,617
board considers appropriate to determine whether the application 29,618
for reinstatement should be approved; 29,619
(d) If the applicant has been practicing optometry in 29,621
another state or country, submit evidence that the applicant's 29,622
license to practice optometry in the other state or country is in 29,624
685
good standing.
(3) The board shall approve an application for 29,626
reinstatement if the conditions specified in division (G)(2) of 29,628
this section are met. An optometrist who receives reinstatement 29,629
is subject to the continuing education requirements specified 29,630
under division (B) of this section for the year in which 29,631
reinstatement occurs. 29,632
Sec. 4725.17. (A) An optometrist who intends not to 29,641
continue practicing optometry in this state due to retirement or 29,642
a decision to practice in another state or country may apply to 29,643
the state board of optometry to have the certificates issued to 29,644
the optometrist placed on inactive status. Application for 29,645
inactive status shall consist of a written notice to the board of 29,647
the optometrist's intention to no longer practice in this state. 29,648
The board may not accept an application submitted after the 29,649
applicant's certificate of licensure and any other certificates 29,650
have expired. The board may approve an application for placement 29,651
on inactive status only if the applicant's certificates are in 29,653
good standing and the applicant is not under disciplinary review 29,654
pursuant to section 4725.19 of the Revised Code. 29,655
(B) An individual whose certificates have been placed on 29,657
inactive status may submit a written application to the board for 29,658
reinstatement. For reinstatement to occur, the applicant must 29,660
meet all of the following conditions: 29,661
(1) Pay the renewal fees for that THE year IN WHICH 29,663
APPLICATION FOR REINSTATEMENT IS MADE and the reinstatement fee 29,664
specified under DIVISION (A)(8) OF section 4725.34 of the Revised 29,666
Code; 29,667
(2) Pass all or part of the licensing examination accepted 29,669
by the board under section 4725.11 of the Revised Code as the 29,671
board considers appropriate to determine whether the application 29,672
for reinstatement should be approved;
(3) If the applicant has been practicing optometry in 29,674
another state or country, submit evidence of being in the active 29,675
686
practice OF optometry in the other state or country and evidence 29,676
that the applicant's license to practice in the other state or 29,677
country is in good standing. 29,678
(C) The board shall approve an application for 29,680
reinstatement if the conditions specified in division (B) of this 29,682
section are met. An optometrist who receives reinstatement is 29,684
subject to the continuing education requirements specified under 29,685
section 4725.16 of the Revised Code for the year in which 29,686
reinstatement occurs.
Sec. 4729.54. (A) As used in this section: 29,695
(1) "Category I" means single-dose injections of 29,697
intravenous fluids, including saline, Ringer's lactate, five per 29,698
cent dextrose and distilled water, and other intravenous fluids 29,699
or parenteral solutions included in this category by rule of the 29,700
board of pharmacy, that have a volume of one hundred milliliters 29,701
or more and that contain no added substances, or single-dose 29,702
injections of epinephrine to be administered pursuant to sections 29,703
4765.38 and 4765.39 of the Revised Code. 29,704
(2) "Category II" means any dangerous drug that is not 29,706
included in category I or III. 29,707
(3) "Category III" means any controlled substance that is 29,709
contained in schedule I, II, III, IV, or V. 29,710
(4) "Emergency medical service organization" has the same 29,712
meaning as in section 4765.01 of the Revised Code. 29,713
(5) "Person" includes an emergency medical service 29,715
organization. 29,716
(6) "Schedule I, schedule II, schedule III, schedule IV, 29,718
and schedule V" mean controlled substance schedules I, II, III, 29,719
IV, and V, respectively, as established pursuant to section 29,720
3719.41 of the Revised Code and as amended. 29,721
(B) A person who desires to be licensed as a terminal 29,723
distributor of dangerous drugs shall file with the executive 29,724
director of the board of pharmacy a verified application that 29,725
contains the following: 29,726
687
(1) Information that the board requires relative to the 29,728
qualifications of a terminal distributor of dangerous drugs set 29,729
forth in section 4729.55 of the Revised Code; 29,730
(2) A statement that the person wishes to be licensed as a 29,732
category I, category II, category III, limited category I, 29,733
limited category II, or limited category III terminal distributor 29,734
of dangerous drugs; 29,735
(3) If the person wishes to be licensed as a limited 29,737
category I, limited category II, or limited category III terminal 29,738
distributor of dangerous drugs, a notarized list of the dangerous 29,739
drugs that the person wishes to possess, have custody or control 29,740
of, and distribute, which list shall also specify the purpose for 29,741
which those drugs will be used and their source; 29,742
(4) If the person is an emergency medical service 29,744
organization, the information that is specified in division 29,745
(C)(1) of this section; 29,746
(5) Except for an emergency medical service organization, 29,748
the identity of the one establishment or place at which the 29,749
person intends to engage in the sale or other distribution of 29,750
dangerous drugs at retail, and maintain possession, custody, or 29,751
control of dangerous drugs for purposes other than the person's 29,752
own use or consumption. 29,753
(C)(1) An emergency medical service organization that 29,755
wishes to be licensed as a terminal distributor of dangerous 29,756
drugs shall list in its application for licensure the following 29,757
additional information: 29,758
(a) The units under its control that the organization 29,760
determines will possess dangerous drugs for the purpose of 29,761
administering emergency medical services in accordance with 29,762
Chapter 4765. of the Revised Code; 29,763
(b) With respect to each such unit, whether the dangerous 29,765
drugs that the organization determines the unit will possess are 29,766
in category I, II, or III. 29,767
(2) An emergency medical service organization that is 29,769
688
licensed as a terminal distributor of dangerous drugs shall file 29,770
a new application for such licensure if there is any change in 29,771
the number, or location of, any of its units or any change in the 29,772
category of the dangerous drugs that any unit will possess. 29,773
(3) A unit listed in an application for licensure pursuant 29,775
to division (C)(1) of this section may obtain the dangerous drugs 29,776
it is authorized to possess from its emergency medical service 29,777
organization or, on a replacement basis, from a hospital 29,778
pharmacy. If units will obtain dangerous drugs from a hospital 29,779
pharmacy, the organization shall file, and maintain in current 29,780
form, the following items with the pharmacist who is responsible 29,781
for the hospital's terminal distributor of dangerous drugs 29,782
license: 29,783
(a) A copy of its standing orders or protocol; 29,785
(b) A list of the personnel employed or used by the 29,787
organization to provide emergency medical services in accordance 29,788
with Chapter 4765. of the Revised Code, who are authorized to 29,789
possess the drugs, which list also shall indicate the personnel 29,790
who are authorized to administer the drugs. 29,791
(D) Each emergency medical service organization that 29,793
applies for a terminal distributor of dangerous drugs license 29,794
shall submit with its application the following: 29,795
(1) A notarized copy of its standing orders or protocol, 29,797
which orders or protocol shall be signed by a physician and 29,798
specify the dangerous drugs that its units may carry, expressed 29,799
in standard dose units; 29,800
(2) A list of the personnel employed or used by the 29,802
organization to provide emergency medical services in accordance 29,803
with Chapter 4765. of the Revised Code. 29,804
An emergency medical service organization that is licensed 29,806
as a terminal distributor shall notify the board immediately of 29,807
any changes in its standing orders or protocol. 29,808
(E) There shall be six categories of terminal distributor 29,810
of dangerous drugs licenses, which categories shall be as 29,811
689
follows: 29,812
(1) Category I license. A person who obtains this license 29,814
may possess, have custody or control of, and distribute only the 29,815
dangerous drugs described in category I. 29,816
(2) Limited category I license. A person who obtains this 29,818
license may possess, have custody or control of, and distribute 29,819
only the dangerous drugs described in category I that were listed 29,820
in the application for licensure. 29,821
(3) Category II license. A person who obtains this 29,823
license may possess, have custody or control of, and distribute 29,824
only the dangerous drugs described in category I and category II. 29,825
(4) Limited category II license. A person who obtains 29,827
this license may possess, have custody or control of, and 29,828
distribute only the dangerous drugs described in category I or 29,829
category II that were listed in the application for licensure. 29,830
(5) Category III license. A person who obtains this 29,832
license may possess, have custody or control of, and distribute 29,833
the dangerous drugs described in category I, category II, and 29,834
category III. 29,835
(6) Limited category III license. A person who obtains 29,837
this license may possess, have custody or control of, and 29,838
distribute only the dangerous drugs described in category I, 29,839
category II, or category III that were listed in the application 29,840
for licensure. 29,841
(F) Except for an application made on behalf of an animal 29,843
shelter, if an applicant for licensure as a limited category I, 29,844
II, or III terminal distributor of dangerous drugs intends to 29,845
administer dangerous drugs to a person or animal, the applicant 29,846
shall submit, with the application, a notarized copy of its 29,847
protocol or standing orders, which protocol or orders shall be 29,848
signed by a licensed health professional authorized to prescribe 29,850
drugs, specify the dangerous drugs to be administered, and list 29,851
personnel who are authorized to administer the dangerous drugs in 29,852
accordance with federal law or the law of this state. An 29,853
690
application made on behalf of an animal shelter shall include a 29,854
notarized list of the dangerous drugs to be administered to
animals and the personnel who are authorized to administer the 29,855
drugs to animals in accordance with section 4729.532 of the 29,856
Revised Code. After obtaining a terminal distributor license, a 29,857
licensee shall notify the board immediately of any changes in its 29,858
protocol or standing orders, or in such personnel. 29,859
(G)(1) Except as provided in division (G)(2) of this 29,862
seciton SECTION, each applicant for licensure as a terminal 29,864
distributor of dangerous drugs shall submit, with the 29,865
application, a license fee determined as follows: 29,866
(a) For a category I or limited category I license, 29,868
forty-five dollars; 29,869
(b) For a category II or limited category II license, one 29,872
hundred twelve dollars and fifty cents;
(c) For a category III or limited category III license, 29,874
one hundred fifty dollars. 29,875
(2) For a professional association, corporation, 29,877
partnership, or limited liability company organized for the 29,878
purpose of practicing veterinary medicine, the fee shall be five 29,879
FORTY dollars. 29,880
Fees assessed under divisions (G)(1) and (2) of this 29,883
section shall not be returned if the applicant fails to qualify 29,884
for registration.
(H)(1) The board shall issue a terminal distributor of 29,886
dangerous drugs license to each person who submits an application 29,887
for such licensure in accordance with this section, pays the 29,888
required license fee, is determined by the board to meet the 29,889
requirements set forth in section 4729.55 of the Revised Code, 29,890
and satisfies any other applicable requirements of this section. 29,891
(2) The license of a person other than an emergency 29,893
medical service organization shall describe the one establishment 29,894
or place at which the licensee may engage in the sale or other 29,895
distribution of dangerous drugs at retail and maintain 29,896
691
possession, custody, or control of dangerous drugs for purposes 29,897
other than the licensee's own use or consumption. The one 29,898
establishment or place shall be that which is described in the 29,900
application for licensure. 29,901
No such license shall authorize or permit the terminal 29,903
distributor of dangerous drugs named in it to engage in the sale 29,904
or other distribution of dangerous drugs at retail or to maintain 29,905
possession, custody, or control of dangerous drugs for any 29,906
purpose other than the distributor's own use or consumption, at 29,908
any establishment or place other than that described in the 29,909
license, except that an agent or employee of an animal shelter 29,910
may possess and use dangerous drugs in the course of business as 29,911
provided in division (D) of section 4729.532 of the Revised Code. 29,912
(3) The license of an emergency medical service 29,914
organization shall cover and describe all the units of the 29,917
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 29,919
drugs shall indicate, on its face, the category of licensure. If 29,920
the license is a limited category I, II, or III license, it shall 29,921
specify, and shall authorize the licensee to possess, have 29,922
custody or control of, and distribute only, the dangerous drugs 29,923
that were listed in the application for licensure. 29,924
(I) All licenses issued pursuant to this section shall be 29,926
effective for a period of twelve months from the first day of 29,927
January of each year. A license shall be renewed by the board 29,928
for a like period, annually, according to the provisions of this 29,929
section, and the standard renewal procedure of Chapter 4745. of 29,930
the Revised Code. A person who desires to renew a license shall 29,931
submit an application for renewal and pay the required fee on or 29,932
before the thirty-first day of December each year. The fee 29,934
required for the renewal of a license shall be the same as the 29,935
fee paid for the license being renewed, and shall accompany the 29,936
application for renewal. 29,937
A license that has not been renewed during December in any 29,939
692
year and by the first day of February of the following year may 29,940
be reinstated only upon payment of the required renewal fee and a 29,941
penalty fee of fifty-five dollars. 29,942
(J)(1) No emergency medical service organization that is 29,944
licensed as a terminal distributor of dangerous drugs shall fail 29,945
to comply with division (C)(2) or (3) of this section. 29,946
(2) No emergency medical service organization that is 29,948
licensed as a terminal distributor of dangerous drugs shall fail 29,949
to comply with division (D) of this section. 29,950
(3) No licensed terminal distributor of dangerous drugs 29,952
shall possess, have custody or control of, or distribute 29,953
dangerous drugs that the terminal distributor is not entitled to 29,954
possess, have custody or control of, or distribute by virtue of 29,955
its category of licensure. 29,956
(4) No licensee that is required by division (F) of this 29,958
section to notify the board of changes in its protocol or 29,959
standing orders, or in personnel, shall fail to comply with that 29,960
division. 29,961
Sec. 4730.11. If the state medical board determines under 29,971
section 4730.10 of the Revised Code that an applicant meets the 29,973
requirements for a certificate of registration as a physician
assistant, the secretary of the board shall register the 29,975
applicant as a physician assistant and issue to the applicant a 29,977
certificate of registration as a physician assistant. The 29,979
certificate shall expire biennially and may be renewed in 29,980
accordance with section 4730.12 of the Revised Code.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 29,982
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 29,983
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 29,984
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 29,985
CERTIFICATE SHALL BE THIRTY-FIVE DOLLARS.
Sec. 4731.281. (A) On or before the deadline established 29,994
under division (B) of this section for applying for renewal of a 29,996
certificate of registration, each person holding a certificate 29,998
693
under this chapter to practice medicine and surgery, osteopathic 29,999
medicine and surgery, or podiatry shall certify to the state 30,000
medical board that in the preceding two years the person has 30,001
completed one hundred hours of continuing medical education. The 30,002
certification shall be made upon the application for biennial 30,003
registration submitted pursuant to division (B) of this section. 30,006
The board shall adopt rules providing for pro rata reductions by 30,007
month of the number of hours of continuing education required for 30,009
persons who are in their first registration period, who have a
registration period of less than two years due to initial 30,010
implementation of the staggered renewal schedule established 30,011
under division (B) of this section, who have been disabled due to 30,013
illness or accident, or who have been absent from the country. 30,014
In determining whether a course, program, or activity 30,016
qualifies for credit as continuing medical education, the board 30,017
shall approve all continuing medical education taken by persons 30,019
holding a certificate to practice medicine and surgery that is 30,020
certified by the Ohio state medical association, all continuing 30,021
medical education taken by persons holding a certificate to 30,022
practice osteopathic medicine and surgery that is certified by 30,023
the Ohio osteopathic association, and all continuing medical 30,025
education taken by persons holding a certificate to practice 30,026
podiatry that is certified by the Ohio podiatric medical 30,028
association. Each person holding a certificate to practice under 30,030
this chapter shall be given sufficient choice of continuing 30,031
education programs to ensure that the person has had a reasonable 30,032
opportunity to participate in continuing education programs that 30,034
are relevant to the person's medical practice in terms of subject 30,036
matter and level.
The board may require a random sample of persons holding a 30,039
certificate to practice under this chapter to submit materials 30,040
documenting completion of the continuing medical education 30,041
requirement during the preceding registration period, but this 30,042
provision shall not limit the board's authority to investigate 30,043
694
pursuant to section 4731.22 of the Revised Code. 30,044
(B)(1) Every person holding a certificate under this 30,046
chapter to practice medicine and surgery, osteopathic medicine 30,047
and surgery, or podiatry wishing to renew that certificate shall 30,048
apply to the board for a certificate of registration upon an 30,050
application furnished by the board, and pay to the board at the 30,051
time of application a fee of two THREE hundred seventy-five FIVE 30,052
dollars, according to the following schedule: 30,053
(a) Persons whose last name begins with the letters "A" 30,055
through "B," on or before April 1, 2001, and the first day of 30,056
April of every odd-numbered year thereafter; 30,057
(b) Persons whose last name begins with the letters "C" 30,059
through "D," on or before January 1, 2001, and the first day of 30,060
January of every odd-numbered year thereafter; 30,061
(c) Persons whose last name begins with the letters "E" 30,064
through "G," on or before October 1, 2000, and the first day of 30,067
October of every even-numbered year thereafter; 30,068
(d) Persons whose last name begins with the letters "H" 30,071
through "K," on or before July 1, 2000, and the first day of July 30,074
of every even-numbered year thereafter; 30,075
(e) Persons whose last name begins with the letters "L" 30,078
through "M," on or before April 1, 2000, and the first day of 30,081
April of every even-numbered year thereafter; 30,082
(f) Persons whose last name begins with the letters "N" 30,085
through "R," on or before January 1, 2000, and the first day of 30,088
January of every even-numbered year thereafter; 30,089
(g) Persons whose last name begins with the letter "S," on 30,092
or before October 1, 1999, and the first day of October of every 30,094
odd-numbered year thereafter; 30,095
(h) Persons whose last name begins with the letters "T" 30,098
through "Z," on or before July 1, 1999, and the first day of July 30,099
of every odd-numbered year thereafter. 30,100
The board shall deposit the fee in accordance with section 30,103
4731.24 of the Revised Code, except that, until July 30, 2001, 30,105
695
the board shall deposit twenty dollars of the fee into the state 30,106
treasury to the credit of the physician loan repayment fund 30,107
created by section 3702.78 of the Revised Code. 30,108
(2) The board shall mail or cause to be mailed to every 30,111
person registered to practice medicine and surgery, osteopathic 30,112
medicine and surgery, or podiatry, an application for 30,113
registration addressed to the person's last known post-office 30,114
address or may cause the application to be sent to the person 30,116
through the secretary of any recognized medical, osteopathic, or 30,117
podiatric society, according to the following schedule: 30,119
(a) To persons whose last name begins with the letters "A" 30,121
through "B," on or before January 1, 2001, and the first day of 30,123
January of every odd-numbered year thereafter; 30,124
(b) To persons whose last name begins with the letters "C" 30,127
through "D," on or before October 1, 2000, and the first day of 30,130
October of every even-numbered year thereafter; 30,131
(c) To persons whose last name begins with the letters "E" 30,134
through "G," on or before July 1, 2000, and the first day of July 30,137
of every even-numbered year thereafter; 30,138
(d) To persons whose last name begins with the letters "H" 30,141
through "K," on or before April 1, 2000, and the first day of 30,144
April of every even-numbered year thereafter; 30,145
(e) To persons whose last name begins with the letters "L" 30,148
through "M," on or before January 1, 2000, and the first day of 30,151
January of every even-numbered year thereafter; 30,152
(f) To persons whose last name begins with the letters "N" 30,155
through "R," on or before October 1, 1999, and the first day of 30,158
October of every odd-numbered year thereafter; 30,159
(g) To persons whose last name begins with the letter "S," 30,162
on or before July 1, 1999, and the first day of July of every 30,164
odd-numbered year thereafter; 30,165
(h) To persons whose last name begins with the letters "T" 30,168
through "Z," on or before April 1, 1999, and the first day of 30,171
April of every odd-numbered year thereafter. 30,172
696
Failure of any person to receive an application from the 30,175
board shall not excuse the person from the requirements contained 30,176
in this section. The application shall contain proper spaces for 30,177
the applicant's signature and the insertion of the required 30,178
information, including a statement that the person has fulfilled 30,180
the continuing education requirements imposed by this section. 30,181
The applicant shall write or cause to be written upon the 30,183
application so furnished the applicant's full name, principal 30,185
practice address and residence address, the number of the 30,187
applicant's certificate to practice, and any other facts for the 30,189
identification of the applicant as a person holding a certificate 30,190
to practice under this chapter as the board considers necessary. 30,191
The applicant shall include with the application a list of the 30,192
names and addresses of any clinical nurse specialists, certified 30,193
nurse-midwives, or certified nurse practitioners with whom the 30,194
applicant is currently collaborating, as defined in section 30,195
4723.02 of the Revised Code. The applicant shall execute and 30,198
deliver the application to the board by mail or in person. Every 30,199
person registered under this section shall give written notice to 30,200
the board of any change of principal practice address or 30,201
residence address or in the list within thirty days of the 30,202
change.
The applicant shall report any criminal offense that 30,204
constitutes grounds for refusal of registration under section 30,205
4731.22 of the Revised Code to which the applicant has pleaded 30,206
guilty, of which the applicant has been found guilty, or for 30,209
which the applicant has been found eligible for treatment in lieu 30,210
of conviction, since last signing an application for a 30,212
certificate of registration.
(C) The board shall issue to any person holding a 30,214
certificate under this chapter to practice medicine and surgery, 30,215
osteopathic medicine and surgery, or podiatry, upon application 30,216
and qualification therefor in accordance with this section, a 30,217
certificate of registration under the seal of the board. A 30,218
697
certificate of registration shall be valid for a two-year period, 30,219
commencing on the first day of the third month after the 30,221
registration fee is due and expiring on the last day of the month 30,223
two years thereafter. 30,224
The board shall publish and cause to be mailed to each 30,228
person registered under this section, upon request, a printed 30,229
list of the persons so registered.
(D) Failure of any certificate holder to register and 30,231
comply with this section shall operate automatically to suspend 30,232
the holder's certificate to practice. Continued practice after 30,235
the suspension of the certificate to practice shall be considered 30,236
as practicing in violation of section 4731.41, 4731.43, or 30,238
4731.60 of the Revised Code. Subject to section 4731.222 of the 30,239
Revised Code, the board shall reinstate a certificate to practice 30,240
for failure to register upon an applicant's submission of the 30,241
biennial registration fee, the applicable monetary penalty, and 30,243
certification by signature of the applicant that the applicant 30,244
has completed the requisite continuing medical education. The 30,245
penalty for reinstatement shall be fifty dollars if the 30,247
certificate has been suspended for two years or less and one 30,248
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 30,249
accordance with section 4731.24 of the Revised Code. 30,251
(E) If an individual certifies completion of the number of 30,253
hours and type of continuing medical education required to 30,255
receive a certificate of registration or reinstatement of a 30,256
certificate to practice, and the board finds through the random 30,257
samples it conducts under this section or through any other means 30,258
that the individual did not complete the requisite continuing 30,259
medical education, the board may impose a civil penalty of not 30,260
more than five thousand dollars. The board's finding shall be 30,261
made pursuant to an adjudication under Chapter 119. of the 30,262
Revised Code and by an affirmative vote of not fewer than six 30,264
members.
698
A civil penalty imposed under this division may be in 30,266
addition to or in lieu of any other action the board may take 30,267
under section 4731.22 of the Revised Code. The board shall 30,269
deposit civil penalties in accordance with section 4731.24 of the 30,270
Revised Code.
(F) The state medical board may obtain information not 30,272
protected by statutory or common law privilege from courts and 30,273
other sources concerning malpractice claims against any person 30,274
holding a certificate to practice under this chapter or 30,275
practicing as provided in section 4731.36 of the Revised Code. 30,276
Sec. 4732.05. The members of the state board of psychology 30,285
AND THE MEMBERS OF THE SCHOOL PSYCHOLOGY EXAMINATION COMMITTEE 30,286
shall receive an amount fixed under division (J) of section 30,287
124.15 of the Revised Code for each day employed in the discharge 30,288
of their official duties, and their necessary expenses while 30,289
engaged therein.
Sec. 4732.14. On or before the thirty-first day of August 30,298
of each even-numbered year, each person licensed by the state 30,299
board of psychology shall register with the board on a form 30,300
prescribed by the board, giving his THE PERSON'S name, address, 30,301
license number, the continuing education information required by 30,303
section 4732.141 of the Revised Code, and such other reasonable 30,304
information as the board requires, and pay to the board secretary 30,306
a biennial registration fee in an amount determined by the board, 30,307
but not to exceed two hundred SEVENTY-FIVE dollars IN FISCAL YEAR 30,308
2000 AND THREE HUNDRED FIFTY DOLLARS IN EACH FISCAL YEAR 30,309
THEREAFTER. A person licensed for the first time on or before 30,311
the thirty-first day of August of an even-numbered year shall 30,312
next be required to register on or before the thirty-first day of 30,313
August of the next even-numbered year.
Before the first day of August of each even-numbered year, 30,316
the secretary shall send a notice to each licensed psychologist 30,317
and licensed school psychologist, whether a resident or not, at 30,318
the licensed psychologist's or licensed school psychologist's 30,319
699
last known address, that the licensed psychologist's or licensed 30,320
school psychologist's biennial registration form and fee are due 30,321
on or before the last day of August. Before the fifteenth day of 30,322
September of such years, the secretary shall send a second notice 30,323
to each such person who has not paid the registration fee or 30,324
registered with the board as required by this section. A license 30,326
of any licensed psychologist or licensed school psychologist 30,327
shall automatically be suspended if the biennial registration fee 30,328
is not paid or the registration form is not received on or before 30,329
the thirtieth day of September of a renewal year. Within five 30,330
years thereafter, the board may reinstate any license so 30,331
suspended upon payment of the current registration fee and a 30,332
penalty not to exceed fifty dollars, as determined by the board, 30,333
and receipt of the registration form completed by the registrant 30,334
in accordance with this section and section 4732.141 of the 30,335
Revised Code or in accordance with any modifications authorized 30,336
by the board under division (F) of section 4732.141 of the 30,337
Revised Code. The board may by rule waive the payment of the
registration fee and completion of the continuing psychology 30,338
education required by section 4732.141 of the Revised Code by a 30,339
licensed psychologist or licensed school psychologist when the 30,340
licensed psychologist or licensed school psychologist is on 30,341
active duty in the armed forces of the United States. 30,342
Each licensed psychologist and licensed school psychologist 30,344
shall notify the secretary of any change in the licensed 30,345
psychologist's or licensed school psychologist's office address 30,346
or employment within ninety days of such change. 30,347
Sec. 4735.06. (A) Application for a license as a real 30,356
estate broker shall be made in writing to the superintendent of 30,357
real estate on blanks FORMS furnished by the superintendent and 30,358
filed with the superintendent and shall be sworn to SIGNED by the 30,360
applicant or its members or officers. Each application shall 30,362
state the name of the person applying and the location of the 30,363
place of business for which the license is desired, and give such 30,364
700
other information as the superintendent requires in the form of 30,365
application prescribed by the superintendent. 30,366
The application shall be accompanied by a recent photograph 30,368
of the applicant and the names of three resident freeholders of 30,369
the county in which the applicant resides or has his THE 30,370
APPLICANT'S place of business. If the applicant has resided, or 30,371
has engaged in the real estate business, for less than one year 30,373
in the county from which the application is made, the application 30,374
shall be accompanied by a recent photograph of the applicant and 30,375
the names of three resident freeholders of each of the counties 30,376
where he THE APPLICANT formerly resided or engaged in the real 30,377
estate business during the period of one year prior to the filing 30,378
of the application. No one of the freeholders shall be related 30,379
to the applicant, and one of them shall be the applicant's most 30,380
recent broker. If the applicant's most recent broker is a 30,381
relative of the applicant or is not a freeholder, the name of a 30,382
third freeholder shall be furnished. The freeholders shall 30,383
furnish information to the superintendent, on forms prescribed by 30,384
the superintendent, concerning the character of the applicant. 30,385
If the applicant maintains more than one place of business within 30,386
the state, he THE APPLICANT shall apply for and procure a 30,387
duplicate license for each branch office so maintained by him THE 30,388
APPLICANT. Each branch office shall be in the charge of a 30,390
licensed broker or salesman SALESPERSON.
If the applicant is a partnership or association, the names 30,392
of all the members also shall be stated, and, if the applicant is 30,393
a corporation, the names of its president and of each of its 30,394
officers also shall be stated. The superintendent has the right 30,395
to reject the application of any partnership, association, or 30,396
corporation if the name proposed to be used by such partnership, 30,397
association, or corporation is likely to mislead the public or if 30,398
the name is not such as to distinguish it from the name of any 30,399
existing partnership, association, or corporation licensed under 30,400
this chapter, unless there is filed with such THE application the 30,402
701
written consent of such existing partnership, association, or 30,403
corporation, executed by a duly authorized representative of it, 30,404
permitting the use of the name of such existing partnership, 30,405
association, or corporation. 30,406
(B) A fee of sixty-nine dollars shall accompany the 30,409
application for a real estate broker's license, which fee shall 30,410
include the license if it is issued. The application fee shall 30,411
be retained by the superintendent if the applicant is admitted to 30,412
the examination for the license or the examination requirement is 30,413
waived, but, if an applicant is not so admitted and a waiver is 30,414
not involved, one-half of the fee shall be retained by the 30,415
superintendent to cover the expenses of processing the 30,416
application and the other one-half shall be returned to the 30,417
applicant. A fee of sixty-nine dollars shall be charged by the 30,419
superintendent for each successive application made by an 30,420
applicant. 30,421
(C) Four dollars of each fee for a real estate broker's 30,424
license shall be credited to the real estate education and 30,425
research fund, which is hereby created in the state treasury. 30,426
The Ohio real estate commission may use the fund in discharging 30,427
the duties prescribed in divisions (E), (F), and (G) of section 30,428
4735.03 of the Revised Code and shall use it in the advancement 30,429
of education and research in real estate at any institution of 30,430
higher education in the state, or in contracting with any such 30,431
institution for a particular research or educational project in 30,432
the field of real estate, or in advancing loans, not exceeding 30,433
eight hundred dollars, to applicants for salesman SALESPERSON 30,434
licenses, to defray the costs of satisfying the educational 30,435
requirements of division (F) of section 4735.09 of the Revised 30,436
Code. Such loans shall be made according to rules established by 30,437
the commission under the procedures of Chapter 119. of the 30,438
Revised Code, and they shall be repaid to the fund within three 30,439
years of the time they are made. No more than ten thousand 30,440
dollars shall be lent from the fund in any one year. 30,441
702
The governor may appoint a representative from the 30,443
executive branch to be a member ex officio of the commission for 30,444
the purpose of advising on research requests or educational 30,445
projects. The commission shall report to the general assembly on 30,446
the third Tuesday after the third Monday in January of each year 30,447
setting forth the total amount contained in the fund and the 30,448
amount of each research grant that it has authorized and the 30,449
amount of each research grant requested. A copy of all research 30,450
reports shall be submitted to the state library of Ohio and the 30,451
library of the legislative service commission. 30,452
(D) If the superintendent, with the consent of the 30,454
commission, enters into an agreement with a national testing 30,455
service to administer the real estate broker's examination, 30,456
pursuant to division (A) of section 4735.07 of the Revised Code, 30,457
the superintendent may require an applicant to pay the TESTING 30,458
SERVICE'S examination fee directly to the testing service. If 30,460
the superintendent requires the payment of the examination fee 30,461
directly to the testing service, the fee which accompanies the 30,462
application for a broker's license shall be reduced by the amount 30,463
paid to the testing service EACH APPLICANT SHALL SUBMIT TO THE 30,464
SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT DETERMINED BY THE 30,465
OHIO REAL ESTATE COMMISSION PURSUANT TO DIVISION (A)(1) OF 30,466
SECTION 4735.10 OF THE REVISED CODE. 30,467
Sec. 4735.07. (A) The superintendent of real estate, with 30,476
the consent of the Ohio real estate commission, may enter into 30,477
agreements with recognized national testing services to 30,478
administer the real estate broker's examination under his THE 30,479
SUPERINTENDENT'S supervision and control, consistent with the 30,480
requirements of this chapter as to the contents of such 30,482
examination.
(B) No person APPLICANT FOR A REAL ESTATE BROKER'S LICENSE 30,484
shall take the broker's examination who has not established to 30,486
the satisfaction of the superintendent that he THE APPLICANT: 30,487
(1) Is honest, truthful, and of good reputation; 30,489
703
(2)(a) Has not been convicted of a felony or crime of 30,491
moral turpitude, or if he THE APPLICANT has been so convicted, 30,492
the superintendent has disregarded the conviction because the 30,494
applicant has proven to the superintendent, by a preponderance of 30,495
the evidence, that his THE APPLICANT'S activities and employment 30,496
record since the conviction show that he THE APPLICANT is honest, 30,498
truthful, and of good reputation, and there is no basis in fact 30,500
for believing that he THE APPLICANT again will violate the laws 30,501
involved;
(b) Has not been finally adjudged by a court to have 30,503
violated any municipal, state, or federal civil rights laws 30,504
relevant to the protection of purchasers or sellers of real 30,505
estate or, if he THE APPLICANT has been so adjudged, at least two 30,507
years have passed since the court decision and the superintendent 30,509
has disregarded the adjudication because the applicant has 30,510
proven, by a preponderance of the evidence, that his THE 30,511
APPLICANT'S activities and employment record since the 30,512
adjudication show that he THE APPLICANT is honest, truthful, and 30,513
of good reputation, and there is no basis in fact for believing 30,514
that he THE APPLICANT will again violate the laws involved; 30,515
(3) Has not, during any period in which he THE APPLICANT 30,517
was licensed under this chapter, violated any provision of, or 30,519
any rule adopted pursuant to, this chapter, or, if he THE 30,520
APPLICANT has violated any such provision or rule, has 30,521
established to the satisfaction of the superintendent that he THE 30,522
APPLICANT will not again violate such provision or rule; 30,523
(4) Is at least eighteen years of age; 30,525
(5) Has been a licensed real estate broker or salesman 30,527
SALESPERSON for at least two years; during at least two of the 30,528
five years preceding his THE PERSON'S application, has worked as 30,530
a licensed real estate broker or salesman SALESPERSON for an 30,532
average of at least thirty hours per week; and has completed one 30,533
of the following:
(a) At least twenty real estate transactions, in which 30,535
704
property was sold for another by the applicant while acting in 30,536
his THE capacity as OF a real estate broker or salesman 30,538
SALESPERSON;
(b) Such equivalent experience as is defined by rules 30,540
adopted by the commission; 30,541
(6)(a) If licensed as a real estate salesman SALESPERSON 30,543
prior to January 1, 1990, successfully has completed at an 30,544
institution of higher education all of the following: 30,545
(i) Thirty hours of classroom instruction in real estate 30,547
practice; 30,548
(ii) Thirty hours of classroom instruction that includes 30,550
the subjects of Ohio real estate law, municipal, state, and 30,551
federal civil rights law, new case law on housing discrimination, 30,552
desegregation issues, and methods of eliminating the effects of 30,553
prior discrimination. If feasible, the classroom instruction in 30,554
Ohio real estate law shall be taught by a member of the faculty 30,555
of an accredited law school. If feasible, the classroom 30,556
instruction in municipal, state, and federal civil rights law, 30,557
new case law on housing discrimination, desegregation issues, and 30,558
methods of eliminating the effects of prior discrimination shall 30,559
be taught by a staff member of the Ohio civil rights commission 30,560
who is knowledgeable with respect to those subjects. The 30,561
requirements of this division do not apply to an applicant who is 30,562
admitted to practice before the supreme court. 30,563
(iii) Thirty hours of classroom instruction in real estate 30,565
appraisal; 30,566
(iv) Thirty hours of classroom instruction in real estate 30,568
finance; 30,569
(v) Three quarter hours, or its equivalent in semester 30,571
hours, in financial management; 30,572
(vi) Three quarter hours, or its equivalent in semester 30,574
hours, in human resource or personnel management; 30,575
(vii) Three quarter hours, or its equivalent in semester 30,577
hours, in applied business economics; 30,578
705
(viii) Three quarter hours, or its equivalent in semester 30,580
hours, in business law. 30,581
(b) Division (B)(6)(a) of this section does not apply to 30,583
any applicant who holds a valid real estate salesman's 30,584
SALESPERSON'S license issued prior to January 2, 1972, or to 30,585
applicants for a limited real estate broker's or salesman's 30,587
SALESPERSON'S license. Divisions (B)(6)(a)(v), (vi), (vii), and 30,588
(viii) of this section do not apply to any applicant who holds a 30,589
valid real estate salesman's SALESPERSON'S license issued prior 30,590
to January 3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 30,592
or after January 3, 1984, satisfactorily has completed a minimum 30,593
of two years of post-secondary education, or its equivalent in 30,594
semester or quarter hours, at an institution of higher education, 30,595
and has fulfilled the requirements of division (B)(6)(a) of this 30,596
section. The requirements of division (B)(6)(a) of this section 30,597
may be included in the two years of post-secondary education, or 30,598
its equivalent in semester or quarter hours, that is required by 30,599
this division. 30,600
(C) Each applicant for a broker's license shall be 30,602
examined in the principles of real estate practice, Ohio real 30,603
estate law, and financing and appraisal, and as to the duties of 30,604
real estate brokers and real estate salesmen SALESPERSONS, the 30,605
applicant's knowledge of real estate transactions and instruments 30,606
relating to them, and the canons of business ethics pertaining to 30,607
them. The commission from time to time shall promulgate such 30,608
canons and cause them to be published in printed form. 30,609
Each applicant for a limited real estate broker's or 30,611
limited real estate salesman's SALESPERSON'S license shall be 30,612
examined only in the areas specified in section 4735.091 of the 30,613
Revised Code.
(D) Examinations shall be given entirely in writing, 30,615
except that they shall be administered orally or in braille to 30,616
the blind, as defined in section 5109.15 of the Revised Code, or 30,617
706
orally to an individual whose physical disability, as supported 30,618
by a physician's statement, renders it impossible to take a 30,619
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 30,620
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 30,622
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 30,623
examination shall be consistent with the requirements of division 30,626
(B)(6)(a) of this section and with the other specific 30,627
requirements of this section. An applicant who has completed the 30,628
requirements of division (B)(6)(a) of this section at the time of 30,629
application may be examined at the next regularly scheduled 30,630
examination after he THE APPLICANT is notified of his admission 30,631
to the examination.
(E) The superintendent may waive the requirement of 30,633
examination in the case of an application from a nonresident real 30,634
estate broker of a state having similar requirements and under 30,635
the laws of which similar recognition is extended to licensed 30,636
real estate brokers and real estate salesmen SALESPERSONS of this 30,638
state.
(F) There shall be no limit placed on the number of times 30,640
an applicant may retake the examination. 30,641
(G) The superintendent in his THE SUPERINTENDENT'S 30,643
discretion may waive the requirement of examination if the 30,645
applicant has been licensed as a real estate broker by the 30,646
superintendent or commission at some time during the two-year 30,647
period immediately preceding the date of the current application. 30,648
(H)(1) Within twelve months from the date of issuance of 30,650
any real estate broker's license issued on or after January 1, 30,651
1990, the EACH licensee successfully shall complete, at an 30,652
institution of higher education or any other institution that is 30,654
approved by the commission, ten hours of classroom instruction in 30,655
real estate brokerage. That instruction shall include, but not 30,656
be limited to, current issues in managing a real estate company 30,657
or office. Upon completion of the instruction, the licensee shall 30,658
cause to be filed with the superintendent a certificate from the 30,659
707
institution showing that he THE LICENSEE successfully has 30,660
completed the requirements of this division IN ACCORDANCE WITH 30,662
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 30,663
(a) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 30,665
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 30,667
COMPLETION OF INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 30,669
MONTHS AFTER THE DATE OF ISSUANCE OF THE SALESPERSON'S LICENSE;
(b) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 30,671
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF INSTRUCTION TO THE 30,673
SUPERINTENDENT ON OR BEFORE THE DATE THE LICENSEE'S FIRST 30,675
CONTINUING EDUCATION REQUIREMENT, AFTER LICENSURE AS A 30,676
SALESPERSON, MUST BE MET UNDER SECTION 4735.141 OF THE REVISED 30,677
CODE.
If the instruction is not successfully completed within 30,679
twelve months THE TIME PERIOD PRESCRIBED BY THIS DIVISION, the 30,680
license of the real estate broker is suspended automatically 30,682
without the taking of any action by the commission. The broker 30,683
then shall have one year after the date of the suspension of his 30,684
THE BROKER'S license to successfully complete the instruction 30,686
required under this division, and his THE BROKER'S license shall 30,687
not be reinstated by the superintendent until it is established,
to the satisfaction of the superintendent, that the requirements 30,688
of this division have been met. 30,689
(2) If the license of a real estate broker is suspended 30,691
pursuant to division (H)(1) of this section, the license of a 30,692
real estate salesman SALESPERSON associated with that broker 30,693
correspondingly is suspended pursuant to division (B) of section 30,695
4735.20 of the Revised Code. However, the suspended license of 30,696
the associated real estate salesman SALESPERSON shall be 30,697
reinstated REACTIVATED and no fee shall be charged or collected 30,699
for that reinstatement REACTIVATION if all of the following 30,701
occur:
(a) That broker subsequently submits satisfactory proof to 30,703
the superintendent that he THE BROKER has complied with the 30,704
708
requirements of division (H)(1) of this section and requests that 30,706
his THE BROKER'S license as a real estate broker be reinstated 30,707
REACTIVATED; 30,708
(b) The superintendent then reinstates his REACTIVATES THE 30,710
BROKER'S license as a real estate broker; 30,712
(c) The associated real estate salesman SALESPERSON 30,714
intends to continue to be associated with that broker and 30,715
otherwise is in compliance with this chapter. 30,716
Sec. 4735.09. (A) Application for a license as a real 30,726
estate salesman SALESPERSON shall be made in writing to the 30,727
superintendent of real estate on blanks FORMS furnished by the 30,728
superintendent and signed and sworn to by the applicant. The 30,731
application shall be in the form prescribed by the superintendent 30,732
and shall contain such information as is required by this chapter 30,733
and the rules of the Ohio real estate commission. The 30,734
application shall be accompanied by a recent photograph of the 30,735
applicant and the recommendation of the real estate broker with 30,736
whom he THE APPLICANT is associated or with whom he THE APPLICANT 30,737
intends to be associated, certifying that the applicant is 30,739
honest, truthful, and of good reputation, has not been convicted 30,740
of a felony or a crime involving moral turpitude, and has not 30,741
been finally adjudged by a court to have violated any municipal, 30,742
state, or federal civil rights laws relevant to the protection of 30,743
purchasers or sellers of real estate, which conviction or 30,744
adjudication the applicant has not disclosed to the 30,745
superintendent, and recommending that the applicant be admitted 30,746
to the examination for real estate salesman. 30,747
(B) A fee of forty-nine dollars shall accompany the 30,750
application, which fee shall include the license if it is issued. 30,751
The application fee shall be retained by the superintendent if 30,752
the applicant is admitted to the examination for the license or 30,753
the examination requirement is waived, but, if an applicant is 30,754
not so admitted and a waiver is not involved, one-half of the fee 30,755
shall be retained by the superintendent to cover the expenses of 30,756
709
processing the application and the other one-half shall be 30,757
returned to the applicant. A fee of forty-nine dollars shall be 30,759
charged by the superintendent for each successive application 30,760
made by the applicant. Four dollars of each fee shall be 30,762
credited to the real estate education and research fund. 30,763
(C) There shall be no limit placed on the number of times 30,765
an applicant may retake the examination. 30,766
(D) The superintendent, with the consent of the 30,768
commission, may enter into an agreement with a recognized 30,769
national testing service to administer the real estate salesman's 30,770
SALESPERSON'S examination under his THE SUPERINTENDENT'S 30,771
supervision and control, consistent with the requirements of this 30,773
chapter as to the contents of such THE examination. 30,774
If the superintendent, with the consent of the commission, 30,776
enters into an agreement with a national testing service to 30,777
administer the real estate salesman's SALESPERSON'S examination, 30,778
the superintendent may require an applicant to pay the TESTING 30,779
SERVICE'S examination fee directly to the testing service. If 30,781
the superintendent requires the payment of the examination fee 30,782
directly to the testing service, the fee which accompanies the 30,783
application to take the salesman's examination shall be reduced 30,784
by the amount paid to the testing service EACH APPLICANT SHALL 30,785
SUBMIT TO THE SUPERINTENDENT A PROCESSING FEE IN AN AMOUNT 30,786
DETERMINED BY THE OHIO REAL ESTATE COMMISSION PURSUANT TO 30,787
DIVISION (A)(1) OF SECTION 4735.10 OF THE REVISED CODE. 30,788
(E) The superintendent shall issue a real estate 30,790
salesman's SALESPERSON'S license when satisfied that the 30,791
applicant has received a grade of seventy-five per cent or better 30,793
on the salesman's SALESPERSON'S examination, except that the 30,794
superintendent may waive the requirement of examination if the 30,795
applicant was licensed by the commission or superintendent at 30,796
some time within the two-year period immediately preceding the 30,797
date of the current application IS A LICENSED REAL ESTATE 30,799
SALESPERSON IN ANOTHER STATE AND THAT STATE DOES BOTH OF THE 30,800
710
FOLLOWING:
(1) IT APPLIES LICENSING REQUIREMENTS SIMILAR TO THOSE 30,802
APPLIED IN THIS STATE AS DETERMINED BY THE SUPERINTENDENT. 30,803
(2) IT EXTENDS SIMILAR RECIPROCITY TO LICENSED REAL ESTATE 30,805
SALESPERSONS IN THIS STATE. 30,806
(F) No person APPLICANT FOR A SALESPERSON'S LICENSE shall 30,808
take the salesman's SALESPERSON'S examination who has not 30,810
established to the satisfaction of the superintendent that he THE 30,811
APPLICANT:
(1) Is honest, truthful, and of good reputation; 30,813
(2)(a) Has not been convicted of a felony or crime of 30,815
moral turpitude or, if he THE APPLICANT has been so convicted, 30,816
the superintendent has disregarded the conviction because the 30,818
applicant has proven to the superintendent, by a preponderance of 30,819
the evidence, that his THE APPLICANT'S activities and employment 30,820
record since the conviction show that he THE APPLICANT is honest, 30,822
truthful, and of good reputation, and there is no basis in fact 30,824
for believing that he THE APPLICANT again will violate the laws 30,825
involved;
(b) Has not been finally adjudged by a court to have 30,827
violated any municipal, state, or federal civil rights laws 30,828
relevant to the protection of purchasers or sellers of real 30,829
estate or, if he THE APPLICANT has been so adjudged, at least two 30,831
years have passed since the court decision and the superintendent 30,832
has disregarded the adjudication because the applicant has 30,833
proven, by a preponderance of the evidence, that he THE APPLICANT 30,834
is honest, truthful, and of good reputation, and there is no 30,835
basis in fact for believing that he THE APPLICANT again will 30,837
violate the laws involved.
(3) Has not, during any period in which he THE APPLICANT 30,839
was licensed under this chapter, violated any provision of, or 30,840
any rule adopted pursuant to this chapter, or, if he THE 30,841
APPLICANT has violated such provision or rule, has established to 30,842
the satisfaction of the superintendent that he THE APPLICANT will 30,843
711
not again violate such provision or rule; 30,844
(4) Is at least eighteen years of age; 30,846
(5) If born after the year 1950, has a high school diploma 30,848
or its equivalent as recognized by the state department of 30,849
education; 30,850
(6)(a) Has successfully completed at an institution of 30,852
higher education all of the following: 30,853
(i) Thirty hours of classroom instruction in real estate 30,855
practice; 30,856
(ii) Thirty hours of classroom instruction that includes 30,858
the subjects of Ohio real estate law, municipal, state, and 30,859
federal civil rights law, new case law on housing discrimination, 30,860
desegregation issues, and methods of eliminating the effects of 30,861
prior discrimination. If feasible, the classroom instruction in 30,862
Ohio real estate law shall be taught by a member of the faculty 30,863
of an accredited law school. If feasible, the classroom 30,864
instruction in municipal, state, and federal civil rights law, 30,865
new case law on housing discrimination, desegregation issues, and 30,866
methods of eliminating the effects of prior discrimination shall 30,867
be taught by a staff member of the Ohio civil rights commission 30,868
who is knowledgeable with respect to those subjects. The 30,869
requirements of this division do not apply to an applicant who is 30,870
admitted to practice before the supreme court. 30,871
(iii) Thirty hours of classroom instruction in real estate 30,873
appraisal; 30,874
(iv) Thirty hours of classroom instruction in real estate 30,876
finance. 30,877
(b) Any person who has not been licensed as a real estate 30,879
salesman SALESPERSON or broker within a four-year period 30,880
immediately preceding his THE PERSON'S current application for 30,881
the salesman's SALESPERSON'S examination shall have successfully 30,882
completed the classroom instruction required by division 30,884
(F)(6)(a) of this section within a ten-year period immediately 30,885
preceding his THE PERSON'S current application for the salesman's 30,886
712
SALESPERSON'S examination.
(G) Within twelve months from the date of issuance of any 30,888
real estate salesman's license issued on or after January 4, 30,890
1988, and prior to January 1, 1990, or within twenty-four months
from the date of issuance of any real estate salesman's license 30,892
issued on or after January 1, 1987, and prior to January 4, 1988, 30,893
the licensee shall submit proof of successful completion, at an 30,894
institution of higher education, of thirty hours of classroom 30,895
instruction in both real estate appraisal and real estate 30,896
finance. Within twelve months from the date of issuance of any 30,897
real estate saleman's license issued on or after January 1, 1990, 30,899
the EACH licensee shall submit proof of successful completion, at 30,900
an institution of higher education or any other institution 30,902
approved by the commission, of ten hours of classroom instruction 30,903
in real estate courses that cover current issues regarding 30,904
consumers, real estate practice, ethics, and real estate law. 30,905
Upon completion of the instruction, the licensee shall cause to 30,906
have filed with the superintendent a certificate from the 30,907
institution showing that he THE LICENSEE successfully has 30,908
completed the requirements of this division IN ACCORDANCE WITH 30,911
THE APPROPRIATE TIME PERIOD, AS FOLLOWS: 30,912
(1) PERSONS LICENSED ON OR AFTER JANUARY 1, 1990, BUT 30,914
BEFORE JANUARY 1, 2001, SHALL SUBMIT PROOF OF SUCCESSFUL 30,915
COMPLETION OF THE INSTRUCTION TO THE SUPERINTENDENT WITHIN TWELVE 30,917
MONTHS AFTER THE DATE OF ISSUANCE OF THE REAL ESTATE BROKER'S 30,918
LICENSE;
(2) PERSONS LICENSED ON OR AFTER JANUARY 1, 2001, SHALL 30,920
SUBMIT PROOF OF SUCCESSFUL COMPLETION OF THE INSTRUCTION TO THE 30,921
SUPERINTENDENT ON OR BEFORE THE LICENSEE'S FIRST CONTINUING 30,923
EDUCATION REQUIREMENT, AFTER LICENSURE AS A BROKER, MUST BE MET 30,924
UNDER SECTION 4735.141 OF THE REVISED CODE. If 30,925
IF proof of successful completion of the required 30,927
instruction is not submitted within the time period prescribed by 30,928
this division, his THE LICENSEE'S license is suspended 30,929
713
automatically without the taking of any action by the commission. 30,931
The superintendent immediately shall notify the broker with whom 30,932
such salesman SALESPERSON is associated of the suspension of his 30,933
THE SALESPERSON'S license. A salesman SALESPERSON whose license 30,934
has been suspended under this division shall have one year after 30,935
the date of the suspension of the SALESPERSON'S license to submit 30,936
proof of successful completion of the instruction required under 30,938
this division. No such license shall be reinstated REACTIVATED 30,939
by the superintendent until it is established, to the 30,942
satisfaction of the superintendent, that the requirements of this 30,943
division have been met. 30,944
(H) Examinations shall be given entirely in writing, 30,946
except that they shall be administered orally or in braille to 30,947
the blind, as defined in section 5109.15 of the Revised Code, or 30,948
orally to an individual whose physical disability, as supported 30,949
by a physician's statement, renders it impossible to take a 30,950
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 30,951
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 30,953
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 30,954
examination shall be consistent with the classroom instructional 30,956
requirements of division (F)(6)(a) of this section. All persons 30,957
whose applications are pending shall be notified by mail at least 30,958
sixty days prior to such examination, except that an applicant 30,959
who has completed the classroom instructional requirements of 30,960
division (F)(6)(a) of this section at the time of application may 30,961
be examined at the next regularly scheduled examination after he 30,962
THE APPLICANT is notified of his THE APPLICANT'S admission to the 30,964
examination. Nothing in this section shall be construed to 30,966
prevent an applicant from completing, in the discretion of the 30,967
superintendent, the classroom instructional requirements of 30,968
division (F)(6)(a) of this section concurrently with the 30,969
processing of his THE APPLICANT'S application for examination. 30,970
Sec. 4735.14. (A) Each license issued under this chapter, 30,980
shall be valid without further recommendation or examination 30,981
714
until CANCELED, revoked or, suspended, OR SUCH LICENSE EXPIRES BY 30,983
OPERATION OF LAW.
(B) Each real estate LICENSED broker licensee, BROKERAGE, 30,986
OR SALESPERSON shall file, on or before the date the Ohio real 30,988
estate commission has adopted by rule for that licensee in 30,989
accordance with division (A)(2)(e) of section 4735.10 of the
Revised Code, a certificate of continuation in business on a form 30,990
prescribed by the superintendent of real estate listing all real 30,991
estate salespersons. The certificate of continuation in business 30,993
shall be mailed by the superintendent to the licensee's place of 30,994
business PERSONAL RESIDENCE OF EACH BROKER OR SALESPERSON AND THE 30,995
PLACE OF BUSINESS OF THE BROKERAGE two months prior to THE filing 30,996
deadline.
(C) The license of any real estate broker, BROKERAGE, or 30,999
salesperson who THAT fails to file a certificate of continuation 31,000
prior to ON OR BEFORE the filing deadline of each ensuing year 31,002
shall be revoked, unless the superintendent, for good cause 31,003
shown, determines that the certificate of continuation could not 31,004
have been filed by the filing deadline, but is filed within 31,005
fifteen days from that date CANCELED. A CANCELED LICENSE MAY BE 31,006
REACTIVATED WITHIN ONE YEAR OF CANCELLATION, PROVIDED THAT THE 31,007
RENEWAL FEE PLUS A PENALTY FEE OF FIFTY PER CENT OF THE RENEWAL 31,008
FEE IS PAID TO THE SUPERINTENDENT. FAILURE TO REACTIVATE THE 31,009
LICENSE AS PROVIDED IN THIS DIVISION SHALL RESULT IN REVOCATION
OF THE LICENSE. NO PERSON, PARTNERSHIP, ASSOCIATION, 31,010
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNERSHIP 31,011
SHALL ENGAGE IN ANY ACT OR ACTS FOR WHICH A REAL ESTATE LICENSE 31,012
IS REQUIRED WHILE THAT ENTITY'S LICENSE IS CANCELED OR REVOKED. 31,013
Sec. 4735.141. (A) Except as otherwise provided in this 31,023
division, on or before January 31, 1983, and on or before the 31,024
thirty-first day of January of every third year thereafter, each 31,025
licensee who was licensed by the state prior to January 1, 1980, 31,026
as a real estate broker or salesperson shall submit proof 31,027
satisfactory to the superintendent of real estate that the 31,028
715
licensee has satisfactorily completed, during the preceding three 31,029
years, thirty classroom hours of continuing education as 31,030
prescribed by the Ohio real estate commission pursuant to section 31,031
4735.10 of the Revised Code. Persons licensed as real estate 31,032
salespersons within the state on or after January 1, 1980, shall 31,033
submit the proof to the superintendent on or before the last day 31,034
of the month of the third year directly following the filing of 31,035
the certificate prescribed in division (G) of section 4735.09 of 31,036
the Revised Code, and every third year thereafter. Persons EACH 31,037
PERSON LICENSED UNDER SECTION 4735.07 OR 4735.09 OF THE REVISED 31,039
CODE SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT OF 31,041
REAL ESTATE THAT THE LICENSEE HAS SATISFACTORILY COMPLETED THIRTY 31,042
CLASSROOM HOURS OF CONTINUING EDUCATION, AS PRESCRIBED BY THE 31,043
OHIO REAL ESTATE COMMISSION PURSUANT TO SECTION 4735.10 OF THE 31,044
REVISED CODE, ON OR BEFORE THE LICENSEE'S BIRTHDAY OCCURRING 31,046
THREE YEARS AFTER THE LICENSEE'S DATE OF INITIAL LICENSURE, AND 31,047
ON OR BEFORE THE LICENSEE'S BIRTHDAY EVERY THREE YEARS
THEREAFTER. 31,048
PERSONS licensed as real estate salespersons who 31,051
subsequently become licensed real estate brokers, shall continue 31,052
to submit proof of continuing education on IN ACCORDANCE WITH the 31,053
schedule TIME PERIOD established when they were licensed real 31,056
estate salespersons. The IN THIS SECTION. 31,057
THE requirements of this section shall not apply to persons 31,060
licensed under section 4735.091 of the Revised Code or to any 31,061
physically handicapped licensee as provided in division (E) of
this section. 31,062
Each licensee who is seventy years of age or older on the 31,064
effective date of this amendment, and each licensee who will be 31,066
seventy years of age or older within three years after the 31,067
effective date of this amendment JUNE 14, 1999, shall submit, ON 31,068
OR BEFORE THE LICENSEE'S BIRTHDAY OCCURRING THREE YEARS AFTER THE 31,070
EFFECTIVE DATE OF THIS AMENDMENT, AND ON OR BEFORE THE LICENSEE'S 31,071
BIRTHDAY EVERY THREE YEARS THEREAFTER, proof satisfactory to the 31,072
716
superintendent OF REAL ESATE that the licensee has satisfactorily 31,073
completed during the three-year period commencing on the 31,074
effective date of this amendment, and every three-year period 31,076
thereafter, a total of nine classroom hours of continuing 31,077
education, including instruction in Ohio real estate law; 31,078
recently enacted state and federal laws affecting the real estate 31,079
industry; municipal, state, and federal civil rights law; and 31,081
canons of ethics for the real estate industry as adopted by the 31,082
commission. The commission shall adopt reasonable rules in 31,083
accordance with Chapter 119. of the Revised Code to carry out the 31,085
purposes of this paragraph.
A person providing any course of continuing education may 31,087
administer examinations to licensees for the purpose of 31,088
evaluating the effectiveness of the course, but passage of an 31,089
examination by a licensee shall not be a condition for successful 31,090
completion of the continuing education requirements of this 31,091
section. 31,092
(B) The continuing education requirements of this section 31,094
shall be completed in schools, seminars, and educational 31,095
institutions approved by the commission. Such approval shall be 31,096
given according to rules established by the commission under the 31,097
procedures of Chapter 119. of the Revised Code, and shall not be 31,098
limited to institutions providing two-year or four-year degrees. 31,099
Each school, seminar, or educational institution approved under 31,100
this division shall be open to all licensees on an equal basis. 31,101
(C) If the requirements of this section are not met by a 31,103
licensee within the period specified, the licensee's license 31,104
shall be suspended automatically without the taking of any action 31,105
by the superintendent. The superintendent shall notify the 31,106
licensee of the license suspension. Any license so suspended 31,107
shall remain suspended until it is reinstated REACTIVATED by the 31,108
superintendent. No such license shall be reinstated REACTIVATED 31,110
until it is established, to the satisfaction of the 31,112
superintendent, that the requirements of this section have been 31,113
717
met. If the requirements of this section are not met within two 31,114
years ONE YEAR from the date the license was suspended, the 31,116
license shall be revoked automatically without the taking of any 31,117
action by the commission. A person whose license has been 31,118
revoked and whose revoked license was issued prior to January 1, 31,119
1980, may have the person's license reinstated REACTIVATED by the 31,120
superintendent at any time after it has been revoked upon 31,121
submitting proof satisfactory to the superintendent that the 31,122
person has satisfactorily completed during the period since the 31,123
revocation of the person's license thirty classroom hours of 31,124
continuing education as prescribed by the commission pursuant to 31,125
section 4735.10 of the Revised Code. Upon reinstatement 31,126
REACTIVATION of the person's license, the licensee shall comply 31,128
with the educational requirements of division (A) of this 31,129
section.
(D) If the license of a real estate broker is suspended 31,131
pursuant to division (C) of this section, the license of a real 31,133
estate salesperson associated with that broker correspondingly is 31,135
suspended pursuant to division (B) of section 4735.20 of the 31,136
Revised Code. However, the suspended license of the associated 31,137
real estate salesperson shall be reinstated REACTIVATED and no 31,138
fee shall be charged or collected for that reinstatement 31,141
REACTIVATION if all of the following occur: 31,144
(1) That broker subsequently submits proof to the 31,146
superintendent that the broker has complied with the requirements 31,147
of this section and requests that the broker's license as a real 31,148
estate broker be reinstated; REACTIVATED. 31,149
(2) The superintendent then reinstates REACTIVATES the 31,151
broker's license as a real estate broker;. 31,153
(3) The associated real estate salesperson intends to 31,155
continue to be associated with that broker, has complied with the 31,156
requirements of this section, and otherwise is in compliance with 31,157
this chapter. 31,158
ANY PERSON WHOSE LICENSE IS REACTIVATED PURSUANT TO THIS 31,160
718
DIVISION SHALL SUBMIT PROOF SATISFACTORY TO THE SUPERINTENDENT 31,161
THAT THE PERSON HAS COMPLETED THIRTY HOURS OF CONTINUING 31,162
EDUCATION, AS PRESCRIBED BY THE OHIO REAL ESTATE COMMISSION, ON 31,163
OR BEFORE THE THIRD YEAR FOLLOWING THE LICENSEE'S BIRTHDAY 31,164
OCCURRING IMMEDIATELY AFTER REACTIVATION. 31,165
(E) Any licensee who is a physically handicapped licensee 31,167
at any time during the last three months of the third year of the 31,168
licensee's continuing education reporting period may receive an 31,169
extension of time to submit proof to the superintendent that the 31,170
licensee has satisfactorily completed the required thirty hours 31,171
of continuing education. To receive an extension of time, the 31,172
licensee shall submit a request to the division of real estate 31,173
for the extension and proof satisfactory to the commission that 31,174
the licensee was a physically handicapped licensee at some time 31,175
during the last three months of the three-year reporting period. 31,176
The proof shall include, but is not limited to, a signed 31,177
statement by the licensee's attending physician describing the 31,178
physical disability, certifying that the licensee's disability is 31,179
of such a nature as to prevent the licensee from attending any 31,180
classroom instruction lasting at least three hours in duration, 31,181
and stating the expected duration of the physical disability. 31,182
The licensee shall request the extension and provide the 31,183
physician's statement to the division no later than one month
prior to the end of the licensee's three-year continuing 31,184
education reporting period, unless the physical disability did 31,185
not arise until the last month of the three-year reporting 31,186
period, in which event the licensee shall request the extension 31,187
and provide the physician's statement as soon as practical after 31,188
the occurrence of the physical disability. A licensee granted an 31,189
extension pursuant to this division who is no longer a physically 31,190
handicapped licensee and who submits proof of completion of the 31,191
continuing education during the extension period, shall submit, 31,192
for future continuing education reporting periods, proof of 31,193
completion of the continuing education requirements according to 31,194
719
the schedule established in division (A) of this section. 31,195
Sec. 4736.12. (A) The state board of sanitarian 31,204
registration shall charge the following fees: 31,205
(1) To apply as a sanitarian-in-training, forty-five 31,207
FIFTY-FIVE dollars; 31,208
(2) For sanitarians-in-training to apply for registration 31,210
as sanitarians, forty-five FIFTY-FIVE dollars. The applicant 31,211
shall pay this fee only once regardless of the number of times 31,213
the applicant takes an examination required under section 4736.08 31,214
of the Revised Code.
(3) For persons other than sanitarians-in-training to 31,216
apply for registration as sanitarians, including persons meeting 31,217
the requirements of section 4736.16 of the Revised Code, ninety 31,218
ONE HUNDRED TEN dollars. The applicant shall pay this fee only 31,220
once regardless of the number of times the applicant takes an 31,221
examination required under section 4736.08 of the Revised Code. 31,222
(4) The renewal fee for registered sanitarians shall be 31,224
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 31,225
dollars and fifty cents. 31,227
(5) The renewal fee for sanitarians-in-training shall be 31,229
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 31,230
dollars and fifty cents. 31,232
(6) FOR LATE APPLICATION FOR RENEWAL, TWENTY-FIVE DOLLARS. 31,234
The board of sanitarian registration, with the approval of 31,236
the controlling board, may establish fees in excess of the 31,237
amounts provided in this section, provided that such fees do not 31,238
exceed the amounts permitted by this section by more than fifty 31,239
per cent. 31,240
(B) The board of sanitarian registration shall charge 31,242
separate fees for examinations as required by section 4736.08 of 31,243
the Revised Code, provided that the fees are not in excess of the 31,244
actual cost to the board of conducting the examinations. 31,245
(C) THE BOARD OF SANITARIAN REGISTRATION MAY ADOPT RULES 31,247
ESTABLISHING FEES FOR ALL OF THE FOLLOWING: 31,248
720
(1) APPLICATION FOR THE REGISTRATION OF A TRAINING AGENCY 31,250
APPROVED UNDER RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 31,251
4736.11 OF THE REVISED CODE AND FOR THE ANNUAL REGISTRATION 31,252
RENEWAL OF AN APPROVED TRAINING AGENCY.
(2) APPLICATION FOR THE REVIEW OF CONTINUING EDUCATION 31,254
HOURS SUBMITTED FOR THE BOARD'S APPROVAL BY APPROVED TRAINING 31,255
AGENCIES OR BY REGISTERED SANITARIANS OR SANITARIANS-IN-TRAINING. 31,256
Sec. 4741.17. (A) Applicants or registrants shall pay to 31,265
the state veterinary medical licensing board: 31,266
(1) For an initial VETERINARY license based on 31,268
examination, ON OR AFTER THE FIRST DAY OF MARCH in an 31,269
even-numbered year, three hundred seventy-five dollars, and ON OR 31,271
AFTER THE FIRST DAY OF MARCH in an odd-numbered year, two hundred 31,272
fifty dollars; 31,273
(2) For a VETERINARY license by reciprocity issued ON OR 31,275
AFTER THE FIRST DAY OF MARCH in an even-numbered year, four 31,277
hundred twenty-five dollars, and ON OR AFTER THE FIRST DAY OF 31,278
MARCH in an odd-numbered year, three hundred dollars; 31,279
(3) For a VETERINARY temporary permit, one hundred 31,281
dollars;
(4) For a duplicate license, thirty-five dollars; 31,283
(5) For the VETERINARY biennial renewal fee, where the 31,285
application is postmarked no later than the first day of March, 31,286
one hundred twenty-five FIFTY-FIVE dollars; where the application 31,287
is postmarked after the first day of March, but no later than the 31,290
first day of April, one TWO hundred seventy-five TWENTY-FIVE 31,291
dollars; and where the application is postmarked after the first 31,294
day of April, two FOUR hundred twenty-five FIFTY dollars; 31,296
(6) FOR AN INITIAL REGISTERED VETERINARY TECHNICIAN 31,298
REGISTRATION FEE ON OR AFTER THE FIRST DAY OF MARCH IN AN 31,299
ODD-NUMBERED YEAR, THIRTY-FIVE DOLLARS, AND ON OR AFTER THE FIRST 31,300
DAY OF MARCH IN AN EVEN-NUMBERED YEAR, TWENTY-FIVE DOLLARS; 31,301
(7) For the biennial RENEWAL registration fee of a 31,303
registered veterinary technician, where the application is 31,305
721
postmarked no later than the first day of March, twenty-five 31,306
THIRTY-FIVE dollars; where the application is postmarked after 31,309
the first day of March, but no later than the first day of April, 31,310
thirty FORTY-FIVE dollars; and where the application is 31,312
postmarked after the first day of April, thirty-five SIXTY 31,313
dollars;
(7)(8) For a specialist certificate, fifty dollars. The 31,315
certificate is not subject to renewal. 31,316
(8)(9) For the reinstatement of a suspended license, 31,318
seventy-five dollars; 31,320
(9)(10) For examinations offered by the board, a fee, 31,322
which shall be established by the board, in an amount adequate to 31,324
cover the expense of procuring, administering, and scoring 31,325
examinations.
(B) The board, subject to the approval of the controlling 31,327
board, may establish fees in excess of the amounts provided in 31,328
this section, provided that the fees do not exceed the amounts 31,329
permitted by this section by more than fifty per cent. 31,330
(C) For the purposes of divisions (A)(5) and (6)(7) of 31,332
this section, a date stamp of the office of the board may serve 31,333
in lieu of a postmark. 31,334
Sec. 4741.19. (A) Unless exempted under this chapter, no 31,343
person shall practice veterinary medicine, or any of its 31,344
branches, without a license issued by the board pursuant to 31,345
sections 4741.11 to 4741.13 of the Revised Code, a temporary 31,346
permit issued pursuant to section 4741.14 of the Revised Code, or 31,347
a registration certificate issued pursuant to division (C) of 31,348
this section, or with an inactive, expired, suspended, 31,349
terminated, or revoked license, temporary permit, or 31,350
registration. 31,351
(B) No veterinary student extern shall: 31,353
(1) Perform or assist surgery unless under the direct 31,355
supervision of a licensed veterinarian and unless the extern has 31,356
had the minimum education and experience prescribed by rule of 31,357
722
the board; 31,358
(2) Engage in any other work related to the practice of 31,360
veterinary medicine unless under the direct supervision of a 31,361
licensed veterinarian; 31,362
(3) Participate in the operation of a branch office, 31,364
clinic, or allied establishment unless a licensed veterinarian is 31,365
present on the establishment premises. 31,366
(C) No person shall act as a registered veterinary 31,368
technician unless he THE PERSON is registered with the board on a 31,370
biennial basis and pays the biennial registration fee. A
registered veterinary technician registration expires biennially 31,371
on the first day of March in the odd-numbered years, and may be 31,372
renewed in accordance with the standard renewal procedures 31,373
contained in Chapter 4745. of the Revised Code upon payment of 31,374
the biennial registration fee and fulfillment of ten continuing 31,375
education hours during the two years immediately preceding 31,376
renewal for registration. Each registered veterinary technician 31,377
shall notify in writing, the secretary of the board of any change 31,378
in his THE REGISTERED VETERINARY TECHNICIAN'S office address or 31,380
employment within ninety days after the change has taken place. 31,381
A registered veterinary technician operating under the 31,383
supervision of a licensed veterinarian may perform the following 31,384
duties: 31,385
(1) Prepare or supervise the preparation of patients, 31,387
instruments, equipment, and medications for surgery; 31,388
(2) Induce and monitor general anesthesia according to 31,390
medically recognized and appropriate methods; 31,391
(3) Collect or supervise the collection of specimens and 31,393
perform laboratory procedures as required by the supervising 31,394
veterinarian; 31,395
(4) Apply wound dressings, casts, or splints as required 31,397
by the supervising veterinarian; 31,398
(5) Assist a veterinarian in immunologic, diagnostic, 31,400
medical, and surgical procedures; 31,401
723
(6) Suture skin incisions; 31,403
(7) Dental prophylaxis; 31,405
(8) Administer or supervise the administration of topical, 31,407
oral, or parenteral medication under the direction of the 31,408
supervising veterinarian; 31,409
(9) Other ancillary veterinary technician functions that 31,411
are performed pursuant to the order and control and under the 31,412
full responsibility of a licensed veterinarian. 31,413
The degree of supervision by a licensed veterinarian over 31,415
the functions performed by the registered veterinary technician 31,416
shall be consistent with the standards of generally accepted 31,417
veterinary medical practices. 31,418
(D) A veterinarian licensed to practice in this state 31,420
shall not hold himself ONESELF out as a specialist unless he THE 31,423
VETERINARIAN has previously met the requirements of the American
veterinary medical association for a specialty or such other 31,424
requirements set by rule of the board and has paid the fee 31,425
required by division (A)(7)(8) of section 4741.17 of the Revised 31,426
Code.
(E) Notwithstanding division (A) of this section, any 31,428
animal owner or his THE OWNER'S designee may engage in the 31,429
practice of embryo transfer on the owner's animal if a licensed 31,430
veterinarian directly supervises the owner or his THE OWNER'S 31,431
designee and the means used to perform the embryo transfer are 31,432
nonsurgical.
Sec. 4747.05. (A) The hearing aid dealers and fitters 31,441
licensing board shall issue to each applicant, within sixty days 31,442
of receipt of a properly completed application and payment of two 31,443
hundred FIFTY dollars, a hearing aid dealer's or fitter's license 31,444
if the applicant, if an individual: 31,445
(1) Is at least eighteen years of age; 31,447
(2) Is a person of good moral character; 31,449
(3) Is free of contagious or infectious disease; 31,451
(4) Has successfully passed a qualifying examination 31,453
724
specified and administered by the board. 31,454
(B) If the applicant is a firm, partnership, association, 31,456
or corporation, the application, in addition to such information 31,457
as the board requires, shall be accompanied by an application for 31,458
a license for each person, whether owner or employee, of the 31,459
firm, partnership, association, or corporation, who engages in 31,460
dealing in or fitting of hearing aids, or shall contain a 31,461
statement that such applications are submitted separately. No 31,462
firm, partnership, association, or corporation licensed pursuant 31,463
to this chapter shall permit any unlicensed person to sell or fit 31,464
hearing aids. 31,465
(C) Each license issued expires on the thirtieth day of 31,467
January of the year following that in which it was issued. 31,468
Sec. 4747.06. (A) Each person engaged in the practice of 31,477
dealing in or fitting of hearing aids who holds a valid hearing 31,478
aid dealer's or fitter's license shall apply annually to the 31,479
hearing aid dealers and fitters licensing board for renewal of 31,480
such license under the standard renewal procedure specified in 31,481
Chapter 4745. of the Revised Code. The board shall issue to each 31,482
applicant, on proof of completion of the continuing education 31,483
required by division (B) of this section and payment of one 31,484
hundred twenty-five FIFTY dollars on or before the first day of 31,486
February, one hundred fifty SEVENTY-FIVE dollars on or before the 31,487
first day of March, or one TWO hundred seventy-five dollars 31,488
thereafter, a renewed hearing aid dealer's or fitter's license. 31,489
No person who applies for renewal of a hearing aid dealer's or 31,490
fitter's license that has expired shall be required to take any 31,491
examination as a condition of renewal provided application for 31,492
renewal is made within two years of the date such license 31,493
expired.
(B) Each person engaged in the practice of dealing in or 31,496
fitting of hearing aids who holds a valid hearing aid dealer's or 31,497
fitter's license shall complete each year not less than ten hours 31,498
of continuing professional education approved by the board. On a 31,500
725
form provided by the board, the person shall certify to the 31,502
board, at the time of license renewal pursuant to division (A) of 31,503
this section, that in the preceding year the person has completed 31,504
continuing education in compliance with this division and shall 31,505
submit any additional information required by rule of the board 31,507
regarding the continuing education. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing 31,510
the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements. 31,511
Continuing education may be applied to meet the requirement 31,514
of this division if it is provided or certified by any of the 31,515
following:
(1) The national institute of hearing instruments studies 31,517
committee of the international hearing society; 31,518
(2) The American speech-language hearing association; 31,521
(3) The American academy of audiology. 31,523
The board may excuse persons licensed under this chapter, 31,526
as a group or as individuals, from all or any part of the 31,527
requirements of this division because of an unusual circumstance,
emergency, or special hardship. 31,528
Sec. 4747.07. Each person who holds a hearing aid dealer's 31,537
or fitter's license and engages in the practice of dealing in and 31,539
fitting of hearing aids shall display such license in a 31,540
conspicuous place in his THE PERSON'S office or place of business 31,541
at all times. Each person who maintains more than one office or 31,542
place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing 31,543
board shall issue duplicate copies of a license upon receipt of a 31,545
properly completed application and payment of ten FIFTEEN dollars 31,546
for each copy requested.
Sec. 4747.10. Each person currently engaged in training to 31,555
become a licensed hearing aid dealer or fitter shall apply to the 31,556
hearing aid dealers and fitters licensing board for a hearing aid 31,557
dealer's and fitter's trainee permit. The board shall issue to 31,558
726
each applicant within thirty days of receipt of a properly 31,559
completed application and payment of seventy-five ONE HUNDRED 31,560
dollars, a trainee permit if such applicant is: 31,561
(A) At least eighteen years of age; 31,563
(B) The holder of a diploma from an accredited high 31,565
school, or possesses an equivalent education; 31,566
(C) A person of good moral character; 31,568
(D) Free of contagious or infectious disease. 31,570
Each trainee permit issued by the board expires one year 31,572
from the date it was first issued, and may be renewed once if the 31,573
trainee has not successfully completed the qualifying 31,574
requirements for licensing as a hearing aid dealer or fitter 31,575
before the expiration date of such permit. The board shall issue 31,576
a renewed permit to each applicant upon receipt of a properly 31,577
completed application and payment of seventy-five ONE HUNDRED 31,578
dollars. No person holding a trainee permit shall engage in the 31,579
practice of dealing in or fitting of hearing aids except while 31,580
under supervision by a licensed hearing aid dealer or fitter. 31,581
Sec. 4747.13. (A) Any person who wishes to make a 31,590
complaint against any person, firm, partnership, association, or 31,591
corporation licensed pursuant to this chapter shall submit such 31,592
complaint in writing to the hearing aid dealers and fitters 31,593
licensing board within one year from the date of the action or
event upon which the complaint is based. The hearing aid dealers 31,594
and fitters board shall determine whether the charges in the 31,595
complaint are of a sufficiently serious nature to warrant a 31,596
hearing before the board to determine whether the license or 31,597
permit held by the person complained against shall be revoked or 31,598
suspended. If the board determines that a hearing is warranted,
then it shall fix the time and place of such hearing and deliver 31,599
or cause to have delivered, either in person or by registered 31,600
mail, at least twenty days before the date of such hearing, an 31,601
order instructing the licensee complained against of the date, 31,602
time, and place where he THE LICENSEE shall appear before the 31,603
727
board. Such order shall include a copy of the complaint against 31,604
the licensee.
The board, and the licensee after receipt of the order and 31,606
a copy of the complaint made against him THE LICENSEE, may take 31,607
depositions in advance of the hearing, provided that each party 31,609
taking depositions shall give at least five days notice to the 31,610
other party of the time, date, and place where such depositions
shall be taken. Each party shall have the right to attend with 31,611
counsel the taking of such depositions and may cross-examine the 31,612
deponent or deponents. Each licensee appearing before the board 31,613
may be represented by counsel. No person shall have his THE 31,614
PERSON'S license or permit revoked or suspended without an 31,615
opportunity to present his THE PERSON'S case at a hearing before 31,616
the board, and the board shall grant a continuance or adjournment 31,618
of a hearing date for good cause. Each person whose license or 31,619
permit is suspended or revoked by the board may appeal such 31,620
action to the board or to the court of common pleas.
(B) The board shall petition the court of common pleas of 31,622
the county in which a person, firm, partnership, or corporation 31,623
on or after January 1, 1970, engages in the sale, practice of 31,625
dealing in or fitting of hearing aids, advertises or assumes such 31,626
practice, or engages in training to become a licensed hearing aid
dealer or fitter without first being licensed, for an order 31,627
enjoining any such acts or practices. The court may grant such 31,628
injunctive relief upon a showing that the respondent named in the 31,629
petition is engaging in such acts or practices without being 31,630
licensed under Chapter 4747. of the Revised Code THIS CHAPTER. 31,631
Sec. 4759.05. The Ohio board of dietetics shall: 31,640
(A) Adopt, amend, or rescind rules pursuant to Chapter 31,642
119. of the Revised Code to carry out the provisions of this 31,643
chapter, including rules governing the following: 31,644
(1) Selection and approval of a dietitian licensure 31,646
examination offered by the commission on dietetic registration or 31,647
any other examination; 31,648
728
(2) The examination of applicants for licensure as a 31,650
dietitian, to be held at least twice annually, as required under 31,651
division (A) of section 4759.06 of the Revised Code; 31,652
(3) Requirements for pre-professional dietetic experience 31,654
of applicants for licensure as a dietitian that are at least 31,655
equivalent to the requirements adopted by the commission on 31,656
dietetic registration; 31,657
(4) Requirements for a person holding a limited permit 31,659
under division (F) of section 4759.06 of the Revised Code and, 31,660
INCLUDING THE DURATION OF VALIDITY OF A LIMITED PERMIT; 31,661
(5) REQUIREMENTS FOR a licensed dietitian who places his A 31,664
license in inactive status under division (G) of section 4759.06
of the Revised Code, including a procedure for changing inactive 31,665
status to active status; 31,666
(5)(6) Continuing education requirements for renewal of a 31,668
license, except that the board may adopt rules to waive the 31,669
requirements for a person who is unable to meet the requirements 31,670
due to illness or other reasons. Rules adopted under this 31,671
division shall be consistent with the continuing education 31,672
requirements adopted by the commission on dietetic registration. 31,673
(6)(7) Any additional education requirements the board 31,675
considers necessary, for applicants who have not practiced 31,676
dietetics within five years of the initial date of application 31,677
for licensure; 31,678
(7)(8) Standards of professional responsibility and 31,680
practice for persons licensed under this chapter that are 31,681
consistent with those standards of professional responsibility 31,682
and practice adopted by the American dietetic association; 31,683
(8)(9) Formulation of a written application form for 31,685
licensure or license renewal that includes the statement that any 31,686
applicant who knowingly makes a false statement on the 31,687
application is guilty of a misdemeanor of the first degree under 31,688
section 2921.13 of the Revised Code; 31,689
(9)(10) Procedures for license renewal; 31,691
729
(10)(11) Establishing a time period after the notification 31,693
of a violation of section 4759.02 of the Revised Code, by which 31,694
the person notified must request a hearing by the board under 31,695
section 4759.09 of the Revised Code. 31,696
(B) Investigate alleged violations of section 4759.02 to 31,698
4759.10 of the Revised Code. In making its investigations, the 31,699
board may issue subpoenas, examine witnesses, and administer 31,700
oaths. 31,701
(C) Adopt a seal; 31,703
(D) Conduct meetings and keep records as are necessary to 31,705
carry out the provisions of this chapter; 31,706
(E) Publish, and make available to the public, upon 31,708
request and for a fee not to exceed the actual cost of printing 31,709
and mailing, the board's rules and requirements for licensure 31,710
adopted under division (A) of this section and a record of all 31,711
persons licensed under section 4759.06 of the Revised Code. 31,712
Sec. 4759.06. (A) The Ohio board of dietetics shall issue 31,721
or renew a license to practice dietetics to an applicant who: 31,722
(1) Has satisfactorily completed an application for 31,724
licensure in accordance with division (A) of section 4759.05 of 31,725
the Revised Code; 31,726
(2) Has paid the fee required under division (A) of 31,728
section 4759.08 of the Revised Code; 31,729
(3) Is a resident of the state or performs or plans to 31,731
perform dietetic services within the state; 31,732
(4) Is of good moral character; 31,734
(5) Has received a baccalaureate or higher degree from an 31,736
institution of higher education that is approved by the board or 31,737
a regional accreditation agency that is recognized by the council 31,738
on postsecondary accreditation, and has completed a program 31,739
consistent with the academic standards for dietitians established 31,740
by the American dietetic association; 31,741
(6) Has successfully completed a pre-professional dietetic 31,743
experience approved by the American dietetic association, or 31,744
730
experience approved by the board under division (A)(3) of section 31,745
4759.05 of the Revised Code; 31,746
(7) Has passed the examination approved by the board under 31,748
division (A)(1) of section 4759.05 of the Revised Code; 31,749
(8) Is an applicant for renewal of a license, and has 31,751
fulfilled the continuing education requirements adopted under 31,752
division (A)(5)(6) of section 4759.05 of the Revised Code. 31,753
(B) The board shall waive the requirements of divisions 31,755
(A)(5), (6), and (7) of this section and any rules adopted under 31,756
division (A)(6)(7) of section 4759.05 of the Revised Code if the 31,758
applicant presents satisfactory evidence to the board of current
registration as a registered dietitian with the commission on 31,759
dietetic registration. 31,760
(C) The board shall waive the requirements of division 31,762
(A)(7) of this section if the application for renewal is made 31,763
within two years after the date of license expiration. 31,764
(D) The board may waive the requirements of division 31,766
(A)(5), (6), or (7) of this section or any rules adopted under 31,767
division (A)(6)(7) of section 4759.05 of the Revised Code, if the 31,769
applicant presents satisfactory evidence of education, 31,770
experience, or passing an examination in another state or a 31,771
foreign country, that the board considers the equivalent of the 31,772
requirements stated in those divisions or rules. 31,773
(E) The board shall issue an initial license to practice 31,775
dietetics to an applicant who meets the requirements of division 31,776
(A) of this section. An initial license shall be valid from the 31,777
date of issuance through the thirtieth day of June following 31,778
issuance of the license. Each subsequent license shall be valid 31,779
from the first day of July through the thirtieth day of June. The 31,781
board shall renew the license of an applicant who is licensed to 31,782
practice dietetics and who meets the continuing education
requirements of division (A)(5)(6) of section 4759.05 of the 31,783
Revised Code. The renewal shall be pursuant to the standard 31,785
renewal procedure of sections 4745.01 to 4745.03 of the Revised 31,786
731
Code.
(F) The board may grant a limited permit to a person who 31,788
has completed the education and pre-professional requirements of 31,789
divisions (A)(5) and (6) of this section and who presents 31,790
evidence to the board of his application HAVING APPLIED to take 31,791
the examination approved by the board under division (A)(1) of 31,792
section 4759.05 of the Revised Code. The permit may be renewed 31,793
one time if the applicant has failed the examination and has 31,794
applied to take the next available examination. The permit and 31,795
renewal permit shall expire thirty days after the appropriate 31,796
examination results are made public. A person holding a limited 31,797
permit who has failed the examination shall practice only under 31,798
the direct supervision of a licensed dietitian. 31,799
(G) A licensed dietitian may place his THE license in 31,801
inactive status. 31,802
Sec. 4766.02. (A) There is hereby created the Ohio 31,811
ambulance licensing board, consisting of five voting members and 31,812
one nonvoting member who shall be residents of this state and 31,813
appointed by the governor with the advice and consent of the 31,814
senate. Except as provided in division (B) of this section, 31,815
members shall serve terms of two years. One voting member shall 31,816
be a member of the Ohio ambulance association; two voting 31,817
members, one of whom shall be a licensed funeral director, shall 31,818
be owners or operators of private emergency medical service 31,819
organizations operating in this state; one voting member shall be 31,820
a consumer of emergency medical services who is not associated 31,821
with any public or private emergency medical service 31,822
organization; and one voting member shall be an official with a 31,823
public emergency medical service organization. A physician who 31,824
holds a certificate to practice issued under Chapter 4731. of the 31,825
Revised Code who is a member of the American college of emergency 31,826
physicians shall serve as the nonvoting member. The board shall 31,827
annually select from its membership a chair and a vice-chair to 31,829
act as chair in the chair's absence.
732
(B) Of the members initially appointed, three shall be 31,831
appointed for terms of one year and three for terms of two years. 31,832
Any member appointed to fill a vacancy occurring prior to the 31,833
expiration date of the term for which the member's predecessor 31,834
was appointed shall hold office for the remainder of that term. 31,835
Every member shall continue in office subsequent to the 31,836
expiration date of the member's term until the member's successor 31,838
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 31,839
(C) Three voting members shall constitute a quorum for the 31,841
transaction of business, and the affirmative vote of three 31,842
members is required for the board to take any official action. 31,843
The board, after notice and hearing, may remove a member by 31,844
majority vote for malfeasance, misfeasance, or nonfeasance. 31,845
Members of the board shall be reimbursed for actual and 31,847
necessary expenses incurred in attending meetings of the board 31,848
and in the performance of their official duties. The board may 31,849
hire such employees as are necessary to enable it to execute its 31,850
duties. 31,851
(D) The division of emergency medical services within the 31,853
department of public safety shall provide the board with office 31,854
space at no cost, but the board shall not be a part of the 31,855
division or the department. 31,856
(E) The board is the sole supervisory body regarding the 31,858
licensing of private ambulance service organizations in this 31,859
state.
Sec. 4766.04. (A) Except as otherwise provided in this 31,868
chapter, no person shall furnish, operate, conduct, maintain, 31,869
advertise, engage in, or propose or profess to engage in the 31,870
business or service of transporting persons who are seriously 31,871
ill, injured, or otherwise incapacitated in this state unless the 31,872
person is licensed pursuant to this section. 31,874
(B) To qualify for a license as a basic life-support, 31,876
intermediate life-support, or advanced life-support service 31,877
733
organization, an emergency medical service organization shall do 31,879
all of the following:
(1) Apply for a permit for each ambulance and nontransport 31,881
vehicle owned or leased as provided in section 4766.07 of the 31,883
Revised Code; 31,884
(2) Meet all requirements established in rules adopted by 31,887
the Ohio ambulance licensing board regarding ambulances and 31,888
nontransport vehicles, including requirements pertaining to 31,890
equipment, communications systems, staffing, and level of care 31,891
the particular organization is permitted to render; 31,892
(3) Maintain the appropriate type and amount of insurance 31,894
or self-insurance as specified in section 4766.06 of the Revised 31,895
Code; 31,896
(4) Meet all other requirements established under rules 31,898
adopted by the board for the particular license. 31,899
(C) To apply for a license as a basic life-support, 31,901
intermediate life-support, or advanced life-support service 31,902
organization, an emergency medical service organization shall 31,903
submit a completed application to the board, on a form provided 31,905
by the board for each particular license, together with the 31,906
appropriate fees established under section 4766.05 of the Revised 31,907
Code. The application form shall include all of the following: 31,908
(1) The name and business address of the operator of the 31,910
organization for which licensure is sought; 31,911
(2) The name under which the applicant will operate the 31,913
organization; 31,914
(3) A list of the names and addresses of all officers and 31,916
directors of the organization; 31,917
(4) A description of each vehicle to be used, including 31,919
the make, model, year of manufacture, mileage, vehicle 31,920
identification number, and the color scheme, insignia, name, 31,921
monogram, or other distinguishing characteristics to be used to 31,922
designate the applicant's vehicle; 31,923
(5) The location and description of each place from which 31,925
734
the organization will operate; 31,926
(6) A description of the geographic area to be served by 31,928
the applicant; 31,929
(7) Any other information the board, by rule, determines 31,931
necessary. 31,932
(D) Within sixty days after receiving a completed 31,934
application for licensure as a basic life-support, intermediate 31,935
life-support, or advanced life-support service organization, the 31,936
board shall approve or deny the application. The board shall 31,937
deny an application if it determines that the applicant does not 31,938
meet the requirements of this chapter or any rules adopted under 31,940
it. The board shall send notice of the denial of an application 31,942
by certified mail to the applicant. The applicant may request a 31,943
hearing within ten days after receipt of the notice. If the 31,944
board receives a timely request, it shall hold a hearing in 31,946
accordance with Chapter 119. of the Revised Code. 31,947
(E) If an applicant or licensee operates or plans to 31,949
operate an organization in more than one location under the same 31,950
or different identities, the applicant or licensee shall apply 31,951
for and meet all requirements for licensure or renewal of a 31,952
license, other than payment of a license fee or renewal fee, for 31,953
operating the organization at each separate location. An 31,954
applicant or licensee that operates or plans to operate under the 31,955
same organization identity in separate locations shall pay only a 31,956
single license fee. 31,957
(F) Each license issued under this section and each permit 31,959
issued under section 4766.07 of the Revised Code expires two 31,960
years ONE YEAR after the date of issue ISSUANCE and may be 31,962
renewed in accordance with the standard renewal procedures of 31,964
Chapter 4745. of the Revised Code, EXCEPT THAT A LICENSE OR 31,965
PERMIT ISSUED IN 1998 OR IN 1999 PRIOR TO THE EFFECTIVE DATE OF 31,966
THIS AMENDMENT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. 31,967
An application for renewal shall include the license or permit 31,969
renewal fee established under section 4766.05 of the Revised 31,971
735
Code. An applicant for renewal of a permit also shall submit to 31,972
the board proof of an annual inspection of the vehicle for which 31,974
permit renewal is sought. The board shall renew a license if the 31,975
applicant meets the requirements for licensure and shall renew a 31,977
permit if the applicant and vehicle meet the requirements to 31,978
maintain a permit for that vehicle.
(G) Each licensee shall maintain accurate records of all 31,980
service responses conducted. The records shall be maintained on 31,982
forms prescribed by the board and shall contain information as 31,984
specified by rule by the board.
Sec. 4766.05. (A) The Ohio ambulance licensing board 31,994
shall establish by rule a license fee, a permit fee for each 31,995
ambulance and nontransport vehicle owned or leased by the 31,996
licensee that is or will be used as provided in section 4766.07 31,997
of the Revised Code, and fees for renewals of licenses and 31,998
permits, taking into consideration the actual costs incurred by 31,999
the board in carrying out its duties under this chapter. However, 32,001
the fee for each license and each renewal of a license shall not 32,002
exceed two ONE hundred dollars, and the fee for each permit and 32,004
each renewal of a permit shall not exceed one hundred FIFTY
dollars for each ambulance and nontransport vehicle. For 32,006
purposes of establishing fees, "actual costs" include INCLUDES 32,007
the costs of salaries, expenses, inspection equipment, 32,009
supervision, and program administration. 32,010
(B) The board shall deposit all fees and other moneys 32,012
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of 32,013
the Revised Code in the state treasury to the credit of the 32,014
ambulance licensing trust fund, which is hereby created. All 32,015
moneys from the fund shall be used solely for the salaries and 32,016
expenses of the board incurred in implementing and enforcing this 32,017
chapter. 32,018
Sec. 4766.07. (A) Each emergency medical service 32,027
organization subject to licensure under this chapter shall 32,028
possess a valid permit for each ambulance and nontransport 32,029
736
vehicle it owns or leases that is or will be used by the licensee 32,031
to perform the services permitted by the license. Each licensee 32,032
and license applicant shall submit the appropriate fee and an 32,033
application for a permit for each ambulance and nontransport 32,034
vehicle to the Ohio ambulance licensing board on forms provided 32,036
by the board. The application shall include documentation that 32,037
the vehicle meets the appropriate standards set by the board, 32,038
that the vehicle has been inspected pursuant to division (C) of 32,040
this section, that the permit applicant maintains insurance or 32,041
self-insurance as provided in section 4766.06 of the Revised
Code, and that the vehicle and permit applicant meet any other 32,044
requirements established under rules adopted by the board. 32,046
(B)(1) Within sixty days after receiving a completed 32,048
application for a permit, the board shall issue or deny the 32,049
permit. The board shall deny an application if it determines 32,050
that the permit applicant or vehicle does not meet the 32,051
requirements of this chapter and the rules adopted under it that 32,053
apply to permits for ambulances and nontransport vehicles. The 32,055
board shall send notice of the denial of an application by 32,056
certified mail to the permit applicant. The permit applicant may 32,057
request a hearing within ten days after receipt of the notice. 32,058
If the board receives a timely request, it shall hold a hearing 32,059
in accordance with Chapter 119. of the Revised Code. 32,060
(2) If the board issues the vehicle permit, it also shall 32,062
issue a decal, in a form prescribed by rule, to be displayed on 32,063
the rear window of the vehicle. The board shall not issue a 32,064
decal until all of the requirements for licensure and permit 32,065
issuance have been met. 32,066
(C) In addition to any other requirements that the board 32,068
establishes by rule, a licensee or license applicant applying for 32,069
an initial vehicle permit under division (A) of this section 32,070
shall submit to the state highway patrol and the board the 32,071
vehicle for which the permit is sought. Thereafter, a licensee 32,073
shall annually submit to the state highway patrol and the board 32,074
737
each vehicle for which a permit has been issued. 32,075
(1) The state highway patrol shall conduct a physical 32,077
inspection of an ambulance or nontransport vehicle to determine 32,078
its roadworthiness and compliance with standard motor vehicle 32,079
requirements. 32,080
(2) The board shall conduct a physical inspection of the 32,082
medical equipment, communication system, and interior of an 32,084
ambulance to determine the operational condition and safety of 32,087
the equipment and the ambulance's interior and to determine 32,089
whether the ambulance is in compliance with the federal 32,090
requirements for ambulance construction that were in effect at 32,092
the time the ambulance was manufactured, as specified by the 32,095
general services administration in the various versions of its 32,096
publication titled "federal specification for the star-of-life 32,097
ambulance, KKK-A-1822." 32,098
(3) The board and state highway patrol shall issue a 32,100
certificate to the applicant for each vehicle that passes the 32,102
inspection and may assess a fee for each inspection, as 32,103
established by the board.
(4) The board, in consultation with the state highway 32,105
patrol, shall adopt rules regarding the implementation and 32,106
coordination of the state highway patrol and board inspections. 32,107
The rules may permit the board to contract with a third party to 32,108
conduct the inspections required of the board under this section. 32,109
(D) If an emergency medical service organization that has 32,111
made timely application to the board for a vehicle permit has 32,112
reasonable cause to believe that the state highway patrol will 32,113
not be able to conduct the required inspection before the date by 32,114
which the organization is required to renew the registration of 32,115
the ambulance or nontransport vehicle with the bureau of motor 32,117
vehicles, the organization may apply to the board for a temporary 32,118
vehicle permit. Such a permit shall be valid for a period of no 32,119
more than thirty days from the date of issuance, and shall be 32,120
accepted by the registrar of motor vehicles when the organization 32,121
738
applies for registration of the vehicle under section 4503.49 of 32,123
the Revised Code. 32,124
Sec. 4773.04. (A) The department of health shall examine, 32,133
or PURSUANT TO SECTION 3701.044 OF THE REVISED CODE contract with 32,134
another entity to examine, each qualified applicant for a license 32,136
issued under this chapter. To be eligible for admittance to an 32,137
examination, an applicant must submit evidence satisfactory to 32,138
the department or other examiner that the applicant has
successfully completed a course of study in the appropriate area 32,139
of practice and the course of study must have been conducted by 32,140
an educational program accredited by the department under section 32,141
4773.07 of the Revised Code.
In examining or providing CONTRACTING for the examination 32,143
of applicants, the department shall ensure that an opportunity to 32,145
take an examination is available as follows: 32,147
(1) At least once each month for individuals applying to 32,149
be licensed as general x-ray machine operators; 32,150
(2) At least three times each year for individuals 32,152
applying to be licensed as radiographers, radiation therapy 32,153
technologists, or nuclear medicine technologists. 32,154
(B) The department shall develop OR CONTRACT FOR a 32,156
separate examination for each type of license issued under this 32,157
chapter. An examination may consist of all or part of any 32,159
standard examination created by other entities ANY ENTITY for 32,160
purposes of determining the competence of individuals to practice 32,162
as general x-ray machine operators, radiographers, radiation 32,163
therapy technologists, or nuclear medicine technologists. 32,164
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 32,173
of the Revised Code: 32,174
(1) "Uniform registration" has the same meaning as 32,176
"registration" as used in the final report submitted to the 32,177
United States secretary of transportation, pursuant to subsection 32,178
(c) of section 22 of the "Hazardous Materials Transportation 32,179
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 32,180
739
1819.
(2) "Uniform permit" has the same meaning as "permit" as 32,182
used in the final report submitted to the United States secretary 32,183
of transportation, pursuant to subsection (c) of section 22 of 32,184
the "Hazardous Materials Transportation Uniform Safety Act of 32,185
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 32,186
(B)(1) The public utilities commission may adopt rules 32,188
applicable to the uniform registration and uniform permitting of 32,189
persons engaged in the highway transportation of hazardous 32,190
materials into, through, or within this state. Until November 32,191
17, 2000, rules adopted under this division shall be consistent 32,193
with, and equivalent in scope, coverage, and content to, the 32,194
final report submitted to the United States secretary of 32,195
transportation pursuant to subsection (c) of section 22 of the 32,196
"Hazardous Materials Transportation Uniform Safety Act of 1990," 32,197
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 32,198
November 17, 2000, the rules shall be consistent with, and 32,200
equivalent in scope, coverage, and content to, section 22 of the 32,201
"Hazardous Materials Transportation Uniform Safety Act of 1990," 32,202
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 32,203
adopted under that section. The commission may adopt additional 32,204
rules for the implementation and administration of the uniform 32,205
registration and permitting system established by rule under this 32,206
section, including rules SHALL INCLUDE RULES staggering the 32,207
registration date for carriers and reducing or extending, by no 32,209
more than one year, the permit renewal period for carriers. 32,210
Rules adopted or amended under division (B)(1) of this 32,212
section on or after November 17, 2000, shall be adopted or 32,213
amended in accordance with Chapter 119. of the Revised Code. 32,215
(2) For the purpose of minimizing filing requirements 32,217
regarding any background investigation required for the issuance 32,218
of a uniform permit as a carrier of hazardous wastes, the 32,219
commission shall accept from any applicant for such a permit any 32,220
refiling of information the applicant has filed with the office 32,221
740
of the attorney general under section 3734.42 of the Revised Code 32,222
or any reference to such information, if the refiled or 32,223
referenced information is on file with the office of the attorney 32,224
general, is accurate and timely for the commission's purposes 32,225
under this section, and is supplemented by any additional 32,226
information the commission requires. The office of the attorney 32,227
general, as necessary for any such background investigation, 32,228
shall make accessible to the commission any such information 32,229
referenced or refiled in an application for a uniform permit as a 32,230
carrier of hazardous wastes that the attorney general determines 32,231
may be disclosed in accordance with section 3734.42 of the 32,232
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 32,233
Revised Code affects any limitations under section 3734.42 of the 32,234
Revised Code on the disclosure of that information. 32,235
(C)(1) The fees for uniform registration and a uniform 32,237
permit as a carrier of hazardous materials shall consist of the 32,238
following: 32,239
(a) A processing fee of fifty dollars; 32,241
(b) An apportioned per-truck registration fee, which shall 32,243
be calculated by multiplying the percentage of a registrant's 32,244
activity in this state times the percentage of the registrant's 32,245
business that is hazardous-materials-related, times the number of 32,246
vehicles owned or operated by the registrant, times a per-truck 32,247
fee determined by order of the commission following public notice 32,248
and an opportunity for comment. 32,249
However, the total revenue from the apportioned per-truck 32,251
registration fee shall not exceed the appropriation of the 32,252
general assembly for the hazardous materials registration fund 32,253
created under division (C)(3) of this section. In determining 32,254
the per-truck fee, the commission shall calculate the difference 32,256
between the appropriation from the fund for the current fiscal 32,258
year and the net total of the processing fees collected in the 32,259
previous registration year under division (C)(1)(a) of this 32,260
section, fees collected under division (C)(2) of this section, 32,261
741
refunds to carriers from overpayments of fees collected under 32,262
this section, and fees paid to other states under division (D) of 32,263
this section, and shall divide that calculated amount by the 32,264
total number of apportioned trucks determined on the basis of 32,266
information submitted by all registrants in the previous
registration year. If the calculated amount is zero or less, the 32,267
fee shall be zero. Any interested party, in accordance with 32,268
division (H) of this section, may appeal to the court of appeals 32,269
of Franklin county an order of the commission establishing the 32,270
apportioned per-truck registration fee. 32,271
(i) The percentage of a registrant's activity in this 32,273
state shall be calculated by dividing the number of miles that 32,274
the registrant travels in this state under the international 32,275
registration plan, pursuant to section 4503.61 of the Revised 32,276
Code, by the number of miles that the registrant travels 32,277
nationwide under the international registration plan. 32,278
Registrants that operate solely within this state shall use one 32,279
hundred per cent as their percentage of activity. Registrants 32,280
that do not register their vehicles through the international 32,281
registration plan shall calculate activity in the state in the 32,282
same manner as that required by the international registration 32,283
plan. 32,284
(ii) The percentage of a registrant's business that is 32,286
hazardous-materials-related shall be calculated, for 32,287
less-than-truckload shipments, by dividing the weight of all the 32,288
registrant's hazardous materials shipments by the total weight of 32,289
all shipments in the previous year. The percentage of a 32,290
registrant's business that is hazardous-materials-related shall 32,291
be calculated, for truckload shipments, by dividing the number of 32,292
shipments for which placarding, marking of the vehicle, or 32,293
manifesting, as appropriate, was required by regulations adopted 32,294
under sections 4 to 6 of the "Hazardous Materials Transportation 32,295
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 32,296
1804, by the total number of the registrant's shipments that 32,297
742
transported any kind of goods in the previous year. A registrant 32,298
that transports both less-than-truckload and truckload shipments 32,299
of hazardous materials shall calculate the percentage of business 32,300
that is hazardous-materials-related on a proportional basis. 32,301
(iii) A registrant may utilize fiscal year, or calendar 32,303
year, or other current company accounting data, or other publicly 32,304
available information, in calculating the percentages required by 32,305
divisions (C)(1)(b)(i) and (ii) of this section. 32,306
(2) The commission, after notice and opportunity for a 32,308
hearing, may assess each carrier a fee for any background 32,309
investigation required for the issuance, for the purpose of 32,310
section 3734.15 of the Revised Code, of a uniform permit as a 32,311
carrier of hazardous wastes and fees related to investigations 32,312
and proceedings for the denial, suspension, or revocation of a 32,313
uniform permit as a carrier of hazardous materials. The fees 32,314
shall not exceed the reasonable costs of the investigations and 32,315
proceedings. The fee for a background investigation for a 32,316
uniform permit as a carrier of hazardous wastes shall be six 32,317
hundred dollars plus the costs of obtaining any necessary 32,318
information not included in the permit application, to be 32,319
calculated at the rate of thirty dollars per hour, not exceeding 32,320
six hundred dollars, plus any fees payable to obtain necessary 32,322
information.
(3) All fees collected under division (C)(1) of this 32,324
section and all background investigation and permit denial, 32,325
suspension, and revocation investigation and proceeding fees 32,327
collected under division (C)(2) of this section shall be credited 32,328
to the hazardous materials registration fund, which is hereby 32,329
created in the state treasury. Moneys in that fund shall be used 32,330
by the commission to administer and enforce sections 4905.80 to 32,331
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 32,333
adopted under division (B) of this section, may enter into 32,334
agreements, contracts, arrangements, or declarations with other 32,335
743
states and with the national repository, established pursuant to 32,336
the final report submitted to the United States secretary of 32,337
transportation, pursuant to subsection (c) of section 22 of the 32,338
"Hazardous Materials Transportation Uniform Safety Act of 1990," 32,339
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 32,340
contracts, arrangements, or declarations shall include, but not 32,341
be limited to, the determination of a base state, the collection 32,342
of uniform registration fees, the frequency of distribution of 32,343
uniform registration fees, procedures for dispute resolution, and 32,344
protection of trade secrets and confidential business 32,345
information. 32,346
(E) The first eight hundred thousand dollars of 32,348
forfeitures collected under section 4905.83 of the Revised Code 32,349
during each of fiscal years 1995 to 2000 and during fiscal year 32,351
2001 until November 17, 2000, shall be credited to the hazardous 32,353
materials transportation fund, which is hereby created in the 32,354
state treasury. Any forfeitures in excess of that amount 32,355
collected during each such period and any forfeitures collected 32,356
on or after November 17, 2000, FISCAL YEAR shall be credited to 32,357
the general revenue fund. In each of fiscal years 1995 to 2000 32,358
and in fiscal year 2001 until November 17, 2000, the commission 32,361
shall distribute moneys credited to the hazardous materials 32,362
transportation fund under this division for the purposes of 32,363
emergency response planning and the training of safety, 32,364
enforcement, and emergency services personnel in proper 32,365
techniques for the management of hazardous materials releases 32,366
that occur during transportation or otherwise. For these 32,367
purposes, fifty per cent of all such moneys credited to the fund 32,368
shall be distributed to Cleveland state university, and fifty 32,369
FORTY-FIVE per cent shall be distributed to other educational 32,371
institutions, state agencies, regional planning commissions, and 32,372
political subdivisions, AND FIVE PER CENT SHALL BE RETAINED BY 32,373
THE COMMISSION FOR THE ADMINISTRATION OF THIS SECTION AND FOR
TRAINING EMPLOYEES. However, if, in any such period, moneys 32,375
744
credited to the fund under this division equal an amount less 32,376
than four hundred thousand dollars, the commission shall 32,377
distribute, to the extent of the fund, two hundred thousand 32,378
dollars to Cleveland state university and the remainder to other 32,379
educational institutions, state agencies, regional planning 32,380
commissions, and political subdivisions. 32,381
(F)(1) No person shall violate or fail to perform a duty 32,383
imposed by this section or a rule adopted under it. 32,384
(2) No person shall knowingly falsify or fail to submit 32,386
any data, reports, records, or other information required to be 32,387
submitted to the commission pursuant to this section or a rule 32,388
adopted under it. For purposes of division (F)(2) of this 32,389
section, a person acts knowingly if either of the following 32,390
applies: 32,391
(a) The person has actual knowledge of the facts giving 32,393
rise to the violation. 32,394
(b) A reasonable person acting in the circumstances and 32,396
exercising due care would have such knowledge. 32,397
(G) After notice and opportunity for a hearing, the 32,399
commission, pursuant to criteria set forth in rules adopted under 32,400
division (B) of this section, may suspend, revoke, or deny the 32,401
uniform permit as a carrier of hazardous materials of any carrier 32,402
that has obtained or applied for such a uniform permit from the 32,403
commission pursuant to rules adopted under that division, or the 32,404
commission may order the suspension of the transportation of 32,405
hazardous materials into, through, or within this state by a 32,406
carrier that has obtained a uniform permit from another state 32,407
that has a reciprocity agreement with the commission pursuant to 32,408
division (D) of this section. 32,409
(H)(1) The proceedings specified in division (G) of this 32,411
section are subject to and governed by Chapter 4903. of the 32,412
Revised Code, except as otherwise provided in this section. The 32,413
court of appeals of Franklin county has exclusive original 32,414
jurisdiction to review, modify, or vacate any order of the 32,415
745
commission suspending, revoking, or denying a uniform permit as a 32,416
carrier of hazardous materials of any carrier that has obtained 32,417
or applied for a uniform permit from the commission pursuant to 32,418
rules adopted under division (B) of this section, or any order of 32,419
the commission suspending the transportation of hazardous 32,420
materials into, through, or within this state by a carrier that 32,421
has obtained a uniform permit from another state that has a 32,422
reciprocity agreement with the commission under division (D) of 32,423
this section. The court of appeals shall hear and determine 32,424
those appeals in the same manner and under the same standards as 32,425
the Ohio supreme court hears and determines appeals under Chapter 32,426
4903. of the Revised Code. 32,427
The judgment of the court of appeals is final and 32,429
conclusive unless reversed, vacated, or modified on appeal. Such 32,430
appeals may be taken either by the commission or the person to 32,431
whom the order was issued and shall proceed as in the case of 32,432
appeals in civil actions as provided in Chapter 2505. of the 32,433
Revised Code. 32,434
(2) Section 4903.11 of the Revised Code does not apply to 32,436
appeals of any order of the commission suspending, revoking, or 32,437
denying a uniform permit of a carrier that has obtained or 32,438
applied for a uniform permit from the commission pursuant to 32,439
rules adopted under division (B) of this section, or of any order 32,440
of the commission suspending the transportation of hazardous 32,441
materials into, through, or within this state by a carrier that 32,442
has obtained a uniform permit from another state that has a 32,443
reciprocity agreement with the commission pursuant to division 32,444
(D) of this section. Any person to whom such AN order is issued 32,445
who wishes to contest the order shall file, within sixty days 32,446
after the entry of the order upon the journal of the commission, 32,447
a notice of appeal, setting forth the order appealed from and the 32,448
errors complained of. The notice of appeal shall be served, 32,449
unless waived, upon the chairperson of the commission or, in the 32,451
event of the chairperson's absence, upon any public utilities 32,452
746
commissioner, or by leaving a copy at the office of the
commission at Columbus. On appeal, the court shall reverse, 32,453
vacate, or modify the order if, upon consideration of the record, 32,455
the court is of the opinion that the order was unlawful or 32,456
unreasonable.
Sec. 4911.17. There is hereby created a nine-member 32,465
consumers' counsel governing board consisting of three 32,466
representatives of organized groups representing each of the 32,467
following areas: labor; residential consumers; family farmers. 32,468
No more than five members of this board may be members of the 32,469
same political party.
The members of the board shall be appointed by the attorney 32,471
general with the advice and consent of the senate. 32,472
No later than January 1, 1977, the attorney general shall 32,474
make initial appointments to the board. Of the initial 32,475
appointments made to the board, three shall be for a term ending 32,476
one year after the effective date of this section SEPTEMBER 1, 32,477
1976, three shall be for a term ending two years after that date, 32,479
and three shall be for a term ending three years after that date. 32,480
Thereafter, terms of office shall be for three years, each term 32,481
ending on the same day of the same month of the year as did the 32,482
term which THAT it succeeds. Each member shall hold office from 32,484
the date of his THE MEMBER'S appointment until the end of the 32,486
term for which he THE MEMBER was appointed. Any member appointed 32,488
to fill a vacancy occurring prior to the expiration of the term 32,489
for which his THE MEMBER'S predecessor was appointed shall hold 32,490
office for the remainder of such THAT term. Any member shall 32,491
continue in office subsequent to the expiration date of his THE 32,493
MEMBER'S term until his THE MEMBER'S successor takes office. 32,495
The governing board shall meet within thirty days after all 32,497
appointments have been made and select from among its membership 32,498
a chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. The 32,500
board shall meet at least every other month thereafter. Meetings 32,502
may be held more often at the request of a majority of the 32,503
747
members or upon call of the chairman CHAIRPERSON. A majority of 32,504
the members constitutes a quorum. No action shall be taken 32,506
without the concurrence of a majority of the full membership of 32,507
the board. The consumers' counsel shall at all times remain
responsible to the governing board. Members of the board shall 32,508
serve without compensation but BE COMPENSATED AT THE RATE OF ONE 32,509
HUNDRED FIFTY DOLLARS PER BOARD MEETING ATTENDED IN PERSON, NOT 32,510
TO EXCEED ONE THOUSAND TWO HUNDRED DOLLARS PER YEAR. ALL MEMBERS 32,511
shall be reimbursed for actual and necessary expenses incurred in 32,513
the performance of the official duties. 32,514
The board shall submit to the general assembly no later 32,516
than the first day of April, annually, a report outlining the 32,517
expenditures of the office of consumers' counsel, a full record 32,518
of participation in any and all proceedings, and an outline of 32,519
other relevant activities of the office. 32,520
Sec. 4931.11. Any company organized at any time to 32,529
transact a telegraph, telephone, or communications business may 32,530
construct, reconstruct, own, use, lease, operate, maintain, and 32,531
improve communications systems for the transmission of voices, 32,532
sounds, writings, signs, signals, pictures, visions, images, or 32,533
other forms of intelligence, as public utility services, by means
of wire, cable, radio, radio relay, or other facilities, methods, 32,535
or media. Any such company has the powers and is subject to the 32,536
restrictions prescribed in sections 4931.01 4931.02 to 4931.23, 32,537
inclusive, 4931.22 of the Revised Code, for telegraph or 32,538
telephone companies. 32,539
Sec. 4931.21. Sections 4931.01 4931.02 to 4931.23, 32,548
inclusive, 4931.22 of the Revised Code do not authorize any 32,550
telegraph company to appropriate the use of the track or rolling 32,551
stock of a railroad company for transporting poles, materials, or
the employees of such telegraph company, or for any other 32,552
purpose.
Sec. 4931.99. (A) Whoever violates section 4931.24 or 32,561
4931.49 of the Revised Code is guilty of a misdemeanor of the 32,562
748
fourth degree. 32,563
(B) Whoever violates section 4931.25, 4931.26, 4931.27, 32,565
4931.30, or 4931.31 of the Revised Code is guilty of a 32,566
misdemeanor of the third degree. 32,567
(C) Whoever violates section 4931.28 of the Revised Code 32,569
is guilty of a felony of the fourth degree. 32,570
(D) Whoever violates section 4931.29 or division (B) of 32,572
section 4931.35 of the Revised Code is guilty of a misdemeanor in 32,573
the first degree. 32,574
(E) Whoever violates division (E) of section 4931.49 of 32,577
the Revised Code is guilty of a misdemeanor of the fourth degree 32,578
on a first offense and a felony of the fifth degree on each 32,579
subsequent offense.
(F) Whoever violates section 4931.55 of the Revised Code 32,581
is guilty of a minor misdemeanor for a first offense and a 32,582
misdemeanor of the first degree on each subsequent offense. 32,584
Sec. 4933.14. Except section 4931.08 of the Revised Code, 32,593
sections 4931.01 SECTIONS 4931.02 to 4931.23, inclusive, 4931.22 32,595
and 4933.13 to 4933.16, inclusive, of the Revised Code, apply to 32,597
companies organized for supplying public and private buildings,
manufacturing establishments, streets, alleys, lanes, lands, 32,598
squares, and public places with electric light and power, and to 32,599
an automatic package carrier. Except as provided by section 32,600
4931.08 of the Revised Code, every EVERY such company shall have 32,603
the powers and be subject to the restrictions prescribed for 32,604
telegraph companies by sections 4931.01 4931.02 to 4931.23, 32,605
inclusive, 4931.22 of the Revised Code. 32,607
Sec. 4937.02. (A) There is hereby created the utility 32,616
radiological safety board composed of the chairperson of the 32,618
public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 32,619
the deputy EXECUTIVE director of the emergency management agency, 32,621
and the director of commerce, or their designees each of whom 32,622
shall be an employee of the member agency of the board member for 32,623
749
whom the person is a designee. The purpose of the board is to 32,625
develop a comprehensive policy for the state regarding nuclear 32,626
power safety. The board's objectives shall be to promote safe, 32,627
reliable, and economical power; establish a memorandum of 32,628
understanding with the federal nuclear regulatory commission and 32,629
the state, including agreements with individual state agencies to 32,630
interact with the commission and the federal emergency management 32,631
agency; and recommend policies and practices that promote safety, 32,632
performance, emergency preparedness, and public health standards 32,633
that are designed to meet the state's needs. 32,634
(B) The governor shall appoint a chairperson of the board 32,637
from among the members of the board. The board shall elect one
of its members as vice-chairperson, who shall possess, during the 32,639
absence or disability of the board chairperson, all the powers of 32,641
the board chairperson. All examinations, studies, or other 32,642
official proceedings of the board shall be conducted by the board 32,643
or its designees. The board's authority under sections 4937.01 32,644
to 4937.05 of the Revised Code THIS CHAPTER shall not be 32,645
exercised by any officer, employee, or body other than the board 32,647
itself, except by express action of the board. 32,648
(C) The chairperson of the board shall cause to be kept a 32,651
complete record of all proceedings of the board, and any books, 32,652
maps, documents, and papers used or produced by the board, and 32,653
shall perform such other duties as the governor may prescribe. 32,654
(D) A majority of the board's members constitutes a quorum 32,656
for the transaction of any business, performance of any duty, or 32,657
exercise of any power of the board. No vacancy on the board 32,658
shall impair the right of the remaining board members to exercise 32,659
all powers of the board. The act of a majority of the board, 32,660
when in session as a board, is an act of the board. 32,661
(E) Members of the board and their designees shall not 32,663
receive compensation from the board, but shall receive all 32,664
ordinary and necessary expenses incurred in performance of board 32,665
business, including actual travel expenses. All such expenses 32,666
750
shall be paid by the agency of which the individual board member 32,667
or designee is an officer or employee. 32,668
(F) The attorney general is the board's legal advisor, but 32,670
shall designate, subject to the board's approval, one or more of 32,671
the attorney general's assistants to discharge the duties of 32,672
board attorney. 32,673
(G) The board may call to its assistance, temporarily, 32,675
with the consent of the member agency, any employee of a member 32,676
agency to conduct studies, examinations, and investigations for 32,677
the board or prepare any report required or authorized by 32,678
sections 4937.01 to 4937.05 of the Revised Code THIS CHAPTER. 32,679
The employee shall receive no compensation, but shall receive all 32,681
ordinary and necessary expenses incurred in performance of such 32,682
duties, including actual travel expenses. All such expenses 32,683
shall be paid by the member agency. 32,684
(H) The offices of the board shall be located in the 32,686
offices of the emergency management agency. 32,688
Sec. 4939.01. AS USED IN THIS CHAPTER: 32,690
(A) "UTILITY SERVICE PROVIDER" MEANS A NATURAL GAS 32,692
COMPANY, LOCAL EXCHANGE TELEPHONE COMPANY, INTEREXCHANGE 32,693
TELECOMMUNICATIONS COMPANY, ELECTRIC COMPANY, OR ANY OTHER PERSON 32,694
THAT OCCUPIES A PUBLIC WAY TO DELIVER NATURAL GAS, ELECTRIC, OR 32,695
TELECOMMUNICATIONS SERVICES. 32,696
(B) "CABLE OPERATOR" HAS THE SAME MEANING AS IN SECTION 2 32,698
OF THE "CABLE COMMUNICATIONS POLICY ACT OF 1984," 98 STAT. 2779, 32,703
47 U.S.C.A. 522, AS AMENDED. 32,704
(C) "PUBLIC WAY" MEANS ANY PUBLIC STREET, ROAD, HIGHWAY, 32,706
PUBLIC EASEMENT, OR PUBLIC WATERWAY, AND INCLUDES THE ENTIRE 32,707
WIDTH OF ANY RIGHT OF WAY ASSOCIATED WITH ANY PUBLIC WAY. 32,708
Sec. 4939.02. (A) A UTILITY SERVICE PROVIDER OR CABLE 32,711
OPERATOR HAS THE RIGHT TO CONSTRUCT, REPAIR, POSITION, MAINTAIN, 32,712
OR OPERATE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 32,713
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, OVER, UPON, 32,714
AND UNDER ANY PUBLIC WAY IN THE STATE, SUBJECT TO THE APPLICABLE 32,715
751
PROVISIONS OF THIS CHAPTER AND ANY OTHER CHAPTER OF THE REVISED 32,716
CODE. THE LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 32,718
RELATED APPURTENANCES AND FACILITIES SHALL BE CONSTRUCTED AND 32,719
POSITIONED IN SUCH A WAY THAT SAFETY IS NOT UNREASONABLY 32,720
COMPROMISED IN THE USE OF THE PUBLIC WAY. 32,721
(B) THE STATE, OR ANY POLITICAL SUBDIVISION OF THE STATE, 32,723
SHALL NOT DISCRIMINATE AMONG UTILITY SERVICE PROVIDERS OR CABLE 32,724
OPERATORS, OR GRANT A PREFERENCE TO ANY UTILITY SERVICE PROVIDER
OR CABLE OPERATOR, IN THE ISSUANCE OF PERMITS OR THE PASSAGE OF 32,725
LAWS, ORDINANCES, OR RESOLUTIONS FOR THE USE OF PUBLIC WAYS, OR 32,726
CREATE OR ERECT ANY REQUIREMENTS FOR ENTRY UPON AND USE OF THE 32,727
PUBLIC WAYS THAT ARE NOT NECESSARY TO PROTECT THE HEALTH, SAFETY, 32,728
AND WELFARE OF THE PUBLIC. 32,729
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO 32,731
AUTHORIZE ANY UTILITY SERVICE PROVIDER OR CABLE OPERATOR TO 32,732
CONSTRUCT LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND
RELATED APPURTENANCES AND FACILITIES ALONG, ACROSS, UPON, AND 32,733
UNDER ANY PUBLIC WAY OWNED BY A POLITICAL SUBDIVISION WITHOUT 32,734
FIRST OBTAINING THE CONSENT OF THE POLITICAL SUBDIVISION FOR SUCH 32,735
CONSTRUCTION, IF CONSENT IS REQUIRED BY THE POLITICAL 32,736
SUBDIVISION.
(D) THIS SECTION DOES NOT REQUIRE ANY UTILITY SERVICE 32,738
PROVIDER OR CABLE OPERATOR THAT, AS OF THE EFFECTIVE DATE OF THIS 32,739
SECTION, OCCUPIES, OR HAS OBTAINED THE CONSENT OF A POLITICAL
SUBDIVISION TO OCCUPY, A PUBLIC WAY IN THE POLITICAL SUBDIVISION, 32,740
TO APPLY FOR ADDITIONAL OR CONTINUED CONSENT OF THE POLITICAL 32,741
SUBDIVISION AS TO ANY EXISTING LINES, POLES, PIPES, CONDUITS, 32,742
DUCTS, EQUIPMENT, AND RELATED APPURTENANCES AND FACILITIES THAT 32,743
ARE IN PLACE ON THE EFFECTIVE DATE OF THIS SECTION. THE 32,744
POLITICAL SUBDIVISION SHALL NOT DISCRIMINATE AGAINST ANY OTHER 32,745
UTILITY SERVICE PROVIDER OR CABLE OPERATOR SEEKING TO USE THE 32,746
SAME PUBLIC WAY.
(E) THE CONSTRUCTION, REPAIR, PLACEMENT, MAINTENANCE, OR 32,748
OPERATION OF LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 32,749
752
RELATED APPURTENANCES AND FACILITIES BY A UTILITY SERVICE
PROVIDER OR A CABLE OPERATOR IS DECLARED TO BE A MATTER OF 32,750
STATEWIDE CONCERN. 32,751
(F) CONSENT FOR THE USE OF A PUBLIC WAY BY A POLITICAL 32,753
SUBDIVISION SHALL BE BASED ON THE LAWFUL EXERCISE OF THE POLICE 32,754
POWER OF THE POLITICAL SUBDIVISION AND SHALL NOT BE UNREASONABLY
WITHHELD, NOR SHALL ANY PREFERENCE OR DISADVANTAGE BE CREATED 32,755
THROUGH THE GRANTING OR WITHHOLDING OF CONSENT. A POLITICAL 32,756
SUBDIVISION SHALL GRANT ITS CONSENT UNDER THIS DIVISION WITHIN 32,757
THIRTY DAYS AFTER THE DATE A UTILITY SERVICE PROVIDER OR CABLE 32,758
OPERATOR APPLIES FOR CONSENT FOR THE USE OF A PUBLIC WAY. 32,759
Sec. 4939.03. (A) A POLITICAL SUBDIVISION OF THE STATE 32,762
SHALL NOT LEVY A TAX, FEE, OR CHARGE OR REQUIRE ANY NONMONETARY 32,763
COMPENSATION OR FREE SERVICE FOR THE RIGHT OR PRIVILEGE OF USING 32,764
OR OCCUPYING A PUBLIC WAY FOR PURPOSES OF DELIVERING NATURAL GAS, 32,765
ELECTRIC, TELECOMMUNICATIONS, OR CABLE TELEVISION SERVICE. 32,766
(B) A POLITICAL SUBDIVISION MAY CHARGE A UTILITY SERVICE 32,768
PROVIDER OR A CABLE OPERATOR A CONSTRUCTION PERMIT FEE TO THE 32,769
EXTENT THAT SUCH FEE APPLIES TO ALL PERSONS SEEKING A 32,770
CONSTRUCTION PERMIT. THE FEE SHALL BE LIMITED TO THE RECOVERY OF 32,771
THE DIRECT INCREMENTAL COSTS INCURRED BY THE POLITICAL 32,772
SUBDIVISION IN INSPECTING AND REVIEWING ANY PLANS AND 32,773
SPECIFICATIONS AND IN GRANTING THE ASSOCIATED PERMIT. 32,774
(C) A UTILITY SERVICE PROVIDER OR CABLE OPERATOR THAT 32,776
PLACES LINES, POLES, PIPES, CONDUITS, DUCTS, EQUIPMENT, AND 32,777
RELATED APPURTENANCES AND FACILITIES IN A PUBLIC WAY SHALL 32,778
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. TO THE 32,779
EXTENT A UTILITY SERVICE PROVIDER OR CABLE OPERATOR DOES NOT 32,780
COMPLY WITH THIS DIVISION, A POLITICAL SUBDIVISION MAY CHARGE THE 32,781
UTILITY SERVICE PROVIDER OR CABLE OPERATOR THE NECESSARY COSTS TO 32,782
RESTORE THE PUBLIC WAY TO ITS FORMER STATE OF USEFULNESS. 32,783
(D) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO PROHIBIT 32,785
A POLITICAL SUBDIVISION FROM DOING EITHER OF THE FOLLOWING: 32,786
(1) CHARGING A CABLE OPERATOR A FRANCHISE FEE IN 32,788
753
ACCORDANCE WITH SECTION 2 OF THE "CABLE COMMUNICATIONS POLICY ACT 32,790
OF 1984," 98 STAT. 2779, 47 U.S.C.A. 542,AS AMENDED;
(2) ALLOWING A CREDIT, OFFSET, OR DEDUCTION AGAINST THE 32,792
PAYMENT OF A CONSTRUCTION PERMIT FEE FOR ANY FRANCHISE FEE A 32,793
CABLE OPERATOR PAYS TO THE POLITICAL SUBDIVISION. 32,794
(E) A UTILITY SERVICE PROVIDER, INCLUDING A RESELLER, THAT 32,796
DOES NOT OWN, OPERATE, MAINTAIN, INSTALL, OR CONSTRUCT ANY 32,797
FACILITY IN A PUBLIC WAY AND THAT DOES NOT OTHERWISE DISTURB THE 32,798
PUBLIC WAY SHALL NOT BE REQUIRED TO PAY A FEE OR TO OBTAIN A 32,799
CONSTRUCTION PERMIT TO ACCESS THE PUBLIC WAY. 32,800
Sec. 4939.04. DIVISION (A) OF SECTION 4939.03 OF THE 32,803
REVISED CODE DOES NOT APPLY TO, OR OTHERWISE AFFECT, ANY LEGAL 32,804
REQUIREMENT OF A POLITICAL SUBDIVISION FOR THE RIGHT OR PRIVILEGE
OF USING OR OCCUPYING A PUBLIC WAY, WHICH REQUIREMENT TOOK EFFECT 32,806
ON OR BEFORE DECEMBER 31, 1998. THE VALIDITY OF ANY SUCH 32,807
REQUIREMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE LAW IN 32,808
EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, AS THAT LAW 32,809
MAY BE INTERPRETED AT ANY TIME.
THIS SECTION DOES NOT APPLY TO ANY SUBSEQUENT AMENDMENT OF 32,811
SUCH A REQUIREMENT, OR ANY ADDITIONAL REQUIREMENT, THAT TAKES 32,812
EFFECT AFTER DECEMBER 31, 1998. 32,813
Sec. 4981.09. (A) There is hereby created in the state 32,822
treasury the rail development fund. The fund shall consist of 32,824
such moneys as may be provided by law, including moneys received 32,825
from the sale, transfer, or lease of any rail property pursuant 32,826
to section 4981.08 of the Revised Code, and amounts transferred 32,827
pursuant to division (B) of this section. Moneys in the fund 32,830
shall be used for the purpose of acquiring, rehabilitating, or 32,831
developing rail property or service, or for participation in the 32,832
acquisition of rail property with the federal government, 32,833
municipal corporations, townships, counties, or other 32,834
governmental agencies. For the purpose of acquiring such rail 32,835
property, the Ohio rail development commission may obtain 32,836
acquisition loans from the federal government or from any other 32,837
754
source.
The fund shall also be used to promote, plan, design, 32,839
construct, operate, and maintain passenger and freight rail 32,840
transportation systems, and may be used to pay the administrative 32,842
costs of the Ohio rail development commission associated with 32,843
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 32,844
The fund shall not be used to provide loan guarantees. 32,845
(B) Twice each year, by the last day of March for the 32,848
immediately preceding June through December and by the last day 32,850
of August for the immediately preceding January through May, the 32,852
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 32,853
pursuant to Chapter 5733. of the Revised Code during those months 32,854
by taxpayers engaged in the business of owning or operating a 32,856
railroad either wholly or partially within this state. The 32,858
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 32,859
budget and management shall transfer fifty per cent of the amount 32,860
certified from the general revenue fund to the rail development 32,861
fund.
Sec. 5101.03. The assistant director of the department of 32,870
human services is hereby excepted from section 121.05 of the 32,872
Revised Code. The assistant director DIRECTORS OF THE DEPARTMENT 32,874
OF HUMAN SERVICES shall exercise the powers and perform the 32,875
duties which the director of human services may order and. THE 32,876
DIRECTOR IS AUTHORIZED TO DESIGNATE WHICH ASSISTANT DIRECTOR 32,877
shall act as director in the absence or disability of the 32,878
director, or in case of a vacancy in the position of director. 32,879
Sec. 5101.072. THE DEPARTMENT OF HUMAN SERVICES SHALL 32,881
COLLABORATE WITH COUNTY DEPARTMENTS OF HUMAN SERVICES TO DEVELOP 32,882
TRAINING FOR APPROPRIATE EMPLOYEES OF THE COUNTY DEPARTMENTS 32,883
REGARDING THE PROVISIONS OF SUB. H.B. 408 OF THE 122nd GENERAL 32,885
ASSEMBLY, AND OF SUB. H.B. 167 OF THE 121st GENERAL ASSEMBLY THAT 32,887
755
HAVE NOT BEEN SUPERSEDED BY SUB. H.B. 408 OF THE 122nd GENERAL 32,889
ASSEMBLY, THAT IMPOSE DUTIES ON COUNTY DEPARTMENTS OF HUMAN 32,890
SERVICES. AFTER THE TRAINING IS DEVELOPED, THE DEPARTMENT SHALL 32,891
COLLABORATE WITH THE COUNTY DEPARTMENTS ON PROVIDING THE 32,892
TRAINING.
Sec. 5101.16. (A) As used in this section and sections 32,901
5101.161 and 5101.162 of the Revised Code: 32,902
(1) "Disability assistance" means financial and medical 32,904
assistance provided under Chapter 5115. of the Revised Code. 32,905
(2) "Food stamps" means the program administered by the 32,907
department of human services pursuant to section 5101.54 of the 32,909
Revised Code.
(3) "Medicaid" means the medical assistance program 32,911
established by Chapter 5111. of the Revised Code, excluding 32,914
transportation services provided under that chapter. 32,915
(4) "Ohio works first" means the program established by 32,917
Chapter 5107. of the Revised Code. 32,918
(5) "Prevention, retention, and contingency" means the 32,920
program established by Chapter 5108. of the Revised Code. 32,922
(6) "Public assistance expenditures" means expenditures 32,924
for all of the following: 32,925
(a) Ohio works first; 32,927
(b) County administration of Ohio works first; 32,930
(c) Prevention, retention, and contingency; 32,932
(d) County administration of prevention, retention, and 32,934
contingency; 32,935
(e) Disability assistance; 32,937
(f) County administration of disability assistance; 32,939
(g) County administration of food stamps; 32,941
(h) County administration of medicaid. 32,943
(B) Each board of county commissioners shall pay the 32,945
county share of public assistance expenditures in accordance with 32,949
section 5101.161 of the Revised Code. Except as provided in 32,950
division (C) of this section, a county's share of public 32,953
756
assistance expenditures is the sum of all of the following for 32,955
state fiscal year 1998 and each state fiscal year thereafter: 32,956
(1) The amount that is twenty-five per cent of the 32,958
county's total expenditures for disability assistance and county 32,961
administration of disability assistance during the state fiscal 32,962
year ending in the previous calendar year that the department of 32,964
human services determines are allowable. 32,965
(2) The amount that is ten per cent, or other percentage 32,969
determined under division (D) of this section, of the county's 32,970
total expenditures for county administration of food stamps and 32,971
medicaid during the state fiscal year ending in the previous 32,974
calendar year that the department determines are allowable, less 32,975
the amount of federal reimbursement credited to the county under 32,977
division (E) of this section for the state fiscal year ending in 32,978
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 32,981
section, the actual amount, as determined by the department of 32,982
human services from expenditure reports submitted to the United 32,983
States department of health and human services, of the county 32,984
share of program and administrative expenditures during federal 32,985
fiscal year 1994 for assistance and services, other than child 32,986
day-care, provided under Titles IV-A and IV-F of the "Social 32,988
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those 32,989
titles existed prior to the enactment of the "Personal 32,990
Responsibility and Work Opportunity Reconciliation Act of 1996," 32,992
110 Stat. 2105. 32,993
(b) For state fiscal years 1998 2000 and 1999 2001, eighty 32,996
SEVENTY-SEVEN per cent of the amount determined under division 32,997
(B)(3)(a) of this section. 32,998
(C)(1) If a county's share of public assistance 33,000
expenditures determined under division (B) of this section for a 33,002
state fiscal year exceeds one hundred ten per cent of the 33,003
county's share for those expenditures for the immediately 33,004
preceding state fiscal year, the department of human services 33,005
757
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 33,006
share for expenditures under division (B) of this section equals 33,007
one hundred ten per cent of the county's share of those 33,008
expenditures for the immediately preceding state fiscal year. 33,009
(2) A county's share of public assistance expenditures 33,011
determined under division (B) of this section may be increased 33,012
pursuant to a sanction under section 5101.24 of the Revised Code. 33,014
(D)(1) If the per capita tax duplicate of a county is less 33,017
than the per capita tax duplicate of the state as a whole and 33,018
division (D)(2) of this section does not apply to the county, the 33,020
percentage to be used for the purpose of division (B)(2) of this 33,022
section is the product of ten multiplied by a fraction of which 33,024
the numerator is the per capita tax duplicate of the county and 33,025
the denominator is the per capita tax duplicate of the state as a 33,026
whole. The department of human services shall compute the per 33,027
capita tax duplicate for the state and for each county by 33,028
dividing the tax duplicate for the most recent available year by 33,029
the current estimate of population prepared by the department of 33,030
development.
(2) If the percentage of families in a county with an 33,032
annual income of less than three thousand dollars is greater than 33,033
the percentage of such families in the state and division (D)(1) 33,035
of this section does not apply to the county, the percentage to 33,036
be used for the purpose of division (B)(2) of this section is the 33,037
product of ten multiplied by a fraction of which the numerator is 33,039
the percentage of families in the state with an annual income of 33,040
less than three thousand dollars a year and the denominator is 33,041
the percentage of such families in the county. The department of 33,042
human services shall compute the percentage of families with an 33,043
annual income of less than three thousand dollars for the state 33,044
and for each county by multiplying the most recent estimate of 33,046
such families published by the department of development, by a 33,047
fraction, the numerator of which is the estimate of average 33,048
758
annual personal income published by the bureau of economic 33,049
analysis of the United States department of commerce for the year 33,050
on which the census estimate is based and the denominator of 33,051
which is the most recent such estimate published by the bureau. 33,052
(3) If the per capita tax duplicate of a county is less 33,055
than the per capita tax duplicate of the state as a whole and the 33,056
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 33,057
of such families in the state, the percentage to be used for the 33,059
purpose of division (B)(2) of this section shall be determined as 33,060
follows: 33,061
(a) Multiply ten by the fraction determined under division 33,065
(D)(1) of this section;
(b) Multiply the product determined under division 33,068
(D)(3)(a) of this section by the fraction determined under 33,070
division (D)(2) of this section. 33,071
(4) The department of human services shall determine, for 33,073
each county, the percentage to be used for the purpose of 33,075
division (B)(2) of this section not later than the first day of 33,077
July of the year preceding the state fiscal year for which the 33,078
percentage is used.
(E) The department of human services shall credit to a 33,081
county the amount of federal reimbursement the department
receives from the United States departments of agriculture and 33,083
health and human services for the county's expenditures for 33,085
administration of food stamps and medicaid that the department 33,087
determines are allowable administrative expenditures. 33,088
(F) The department of human services shall adopt rules in 33,091
accordance with section 111.15 of the Revised Code to establish 33,094
all of the following:
(1) The method the department is to use to change a 33,098
county's share of public assistance expenditures determined under 33,100
division (B) of this section as provided in division (C) of this 33,101
section; 33,102
759
(2) The allocation methodology and formula the department 33,104
will use to determine the amount of funds to credit to a county 33,105
under this section; 33,106
(3) The method the department will use to change the 33,108
payment of the county share of public assistance expenditures 33,109
from a calendar-year basis to a state fiscal year basis; 33,110
(4) Other procedures and requirements necessary to 33,112
implement this section. 33,113
Sec. 5101.18. (A) When the department of human services 33,123
adopts rules under section 5107.05 regarding income requirements 33,124
for the Ohio works first program and under section 5115.05 of the 33,126
Revised Code regarding income and resource requirements for the 33,129
disability assistance program, the department shall determine 33,130
what payments shall be regarded or disregarded. In making this 33,132
determination, the department shall consider: 33,133
(1) The source of the payment; 33,135
(2) The amount of the payment; 33,137
(3) The purpose for which the payment was made; 33,139
(4) Whether regarding the payment as income would be in 33,141
the public interest; 33,142
(5) Whether treating the payment as income would be 33,144
detrimental to any of the programs administered in whole or in 33,146
part by the department and whether such determination would 33,147
jeopardize the receipt of any federal grant or payment by the 33,148
state or any receipt of aid under Chapter 5107. of the Revised 33,149
Code. 33,150
(B) Any participant in the Ohio works first program 33,153
established under Chapter 5107. of the Revised Code or recipient 33,155
of aid under Title XVI of the "Social Security Act," 49 Stat. 620 33,156
(1935), 42 U.S.C. 301, as amended, whose money payment is 33,157
discontinued as the result of a general increase in old-age, 33,158
survivors, and disability insurance benefits under such act, 33,159
shall remain a participant or recipient for the purpose of 33,161
receiving medical assistance through the medical assistance 33,162
760
program established under section 5111.01 of the Revised Code. 33,163
Sec. 5101.21. (A) As used in sections 5101.21 to 5101.25 33,173
of the Revised Code, "county social service agency" and "social 33,175
service duty" have the same meanings as in section 307.981 of the 33,176
Revised Code.
(B) The director of human services shall enter into a 33,179
written partnership agreement with each board of county 33,180
commissioners regarding the administration and design of the Ohio 33,181
works first program established under Chapter 5107. of the 33,182
Revised Code, the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, duties 33,184
assumed by a county department of human services pursuant to an 33,186
agreement entered into under section 329.05 of the Revised Code, 33,187
and other county department of human services' duties that the 33,189
director and board mutually agree to include in the agreement. 33,191
The director and board may include in the partnership agreement 33,192
provisions regarding the administration and design of the duties 33,193
of child support enforcement agencies and public children 33,194
services agencies included in a plan of cooperation entered into 33,195
under section 307.983 of the Revised Code that the director and
board mutually agree to include in the agreement. Social service 33,197
duties included in the agreement shall be vested in the board. 33,198
The agreement shall comply with federal statutes and regulations, 33,199
state statutes, and, except as provided in division (B)(9) of 33,200
this section, state rules governing the social service duties 33,201
included in the agreement. 33,202
A partnership agreement shall include responsibilities that 33,205
the state department of human services and county social service 33,206
agencies administering social service duties included in the 33,207
agreement must satisfy. The agreement shall establish, specify, 33,208
or provide for all of the following:
(1) Requirements governing the administration and design 33,210
of, and county social service agencies' cooperation to enhance, 33,211
social service duties included in the agreement; 33,212
761
(2) Outcomes that county social service agencies are 33,214
expected to achieve from the administration and design of social 33,215
service duties included in the agreement and assistance, 33,216
services, and technical support the state department will provide 33,218
the county social service agencies to aid the agencies in 33,219
achieving the expected outcomes;
(3) Performance AND OTHER ADMINISTRATIVE standards county 33,221
social service agencies are required to meet in the design, 33,223
administration, and outcomes of social service duties included in 33,224
the agreement and assistance, services, and technical support the 33,225
state department will provide the county social service agencies 33,226
to aid the agencies in meeting the performance AND OTHER 33,227
ADMINISTRATIVE standards;
(4) Criteria and methodology the state department will use 33,230
to evaluate whether expected outcomes are achieved and
performance AND OTHER ADMINISTRATIVE standards are met and county 33,231
social service agencies will use to evaluate whether the state 33,233
department is providing agreed upon assistance, services, and 33,234
technical support;
(5) Annual financial, administrative, or other incentive 33,236
awards, if any, to be provided in accordance with section 5101.23 33,238
of the Revised Code for exceeding performance AND OTHER 33,239
ADMINISTRATIVE standards; 33,240
(6) The state department taking action against a county 33,242
social service agency pursuant to division (B) of section 5101.24 33,244
of the Revised Code if division (A)(1), (2), or (3) of that 33,247
section applies to the agency; 33,248
(7) The funding of social service duties included in the 33,250
agreement and whether the state department will provide funding 33,251
for two or more county department of human services' duties 33,252
included in the agreement pursuant to a combined funding 33,253
allocation under division (C) of this section. The agreement 33,255
shall either specify the amount of payments to be made for the 33,256
social service duties included in the agreement or the method 33,257
762
that will be used to determine the amount of payments. 33,258
(8) Audits required by federal statutes and regulations 33,260
and state law and requirements for prompt release of audit 33,261
findings and prompt action to correct problems identified in an 33,262
audit; 33,263
(9) Which, if any, of the state department's rules will be 33,266
waived so that a policy provided for in the agreement may be
implemented; 33,267
(10) The method of amending or terminating the agreement 33,269
and an expedited process for correcting terms or conditions of 33,270
the agreement that the director and board agree are erroneous; 33,272
(11) Dispute resolution procedures for anticipated and 33,274
unanticipated disputes. The agreement may establish different 33,275
dispute resolution procedures for different types of disputes. 33,276
Dispute resolution procedures may include negotiation, mediation, 33,278
arbitration, adjudication conducted by a hearing officer or 33,279
fact-finding panel, and other procedures.
(12) The date the agreement is to commence or end. An 33,281
agreement may not commence before it is entered into nor end 33,282
later than the last day of the state fiscal biennium for which it 33,284
is entered into.
(13) Other provisions determined necessary by the state 33,286
department and the county social services agency. 33,287
(C) The state department shall make payments authorized by 33,290
a partnership agreement on vouchers it prepares and may include 33,292
any funds appropriated or allocated to it for carrying out social 33,293
service duties vested in the board of county commissioners under 33,294
the agreement, including funds for personal services and 33,295
maintenance.
To the extent practicable and not in conflict with federal 33,297
statutes or regulations, state law, or an appropriation made by 33,299
the general assembly, the department may establish a consolidated 33,300
funding allocation for two or more of a county department of 33,301
human services' duties included in the agreement. A county 33,302
763
department of human services shall use funds available in a 33,303
consolidated funding allocation only for the purpose for which
the funds were appropriated. 33,304
(D) The director of human services may enter into 33,307
partnership agreements with one or more boards of county 33,308
commissioners at a time but an agreement must be entered into 33,309
with each board not later than January 1, 2000. Until a 33,310
partnership agreement with a board is entered into and 33,311
implemented, a county social service agency serving the county 33,312
that the board serves shall perform its social service duties in 33,313
the manner they are performed on the effective date of this 33,314
section OCTOBER 1, 1997, with the exception that a county social 33,316
services agency may implement changes authorized by federal 33,317
statutes or regulations, state statutes, or state department 33,318
rules.
Sec. 5101.22. The department of human services may 33,327
establish performance AND OTHER ADMINISTRATIVE standards for the 33,328
administration and outcomes of social service duties and 33,330
determine at intervals the department decides the degree to which 33,331
a county social service agency complies with a performance OR 33,332
OTHER ADMINISTRATIVE standard. The department may use 33,333
statistical sampling, performance audits, case reviews, or other 33,334
methods it determines necessary and appropriate to determine 33,335
compliance with performance AND ADMINISTRATIVE standards. 33,336
A performance OR OTHER ADMINISTRATIVE standard established 33,338
under this section for a social service duty does not apply to a 33,340
county social service agency administering the duty if a 33,341
different performance OR ADMINISTRATIVE standard is specified for 33,342
the agency's administration of the duty pursuant to a partnership 33,344
agreement entered into under section 5101.21 of the Revised Code. 33,346
Sec. 5101.23. Subject to the availability of funds, the 33,355
department of human services may provide annual financial, 33,356
administrative, or other incentive awards to county social 33,357
service agencies that exceed performance AND OTHER ADMINISTRATIVE 33,358
764
standards specified in a partnership agreement entered into under 33,360
section 5101.21 or established under section 5101.22 of the 33,361
Revised Code. The amount of a financial incentive award shall be 33,362
based on the degree to which a county social service agency 33,363
exceeds a performance OR OTHER ADMINISTRATIVE standard and the 33,364
amount of money available in the social services incentive fund 33,366
established under this section. A county social service agency 33,367
may spend funds provided as a financial incentive award only for 33,368
the purpose for which the funds are appropriated. THE DEPARTMENT 33,369
MAY ADOPT INTERNAL MANAGEMENT RULES IN ACCORDANCE WITH SECTION 33,370
111.15 OF THE REVISED CODE TO ESTABLISH THE AMOUNTS OF AWARDS,
METHODOLOGY FOR DISTRIBUTING THE AWARDS, TYPES OF AWARDS, AND 33,371
STANDARDS FOR ADMINISTRATION BY THE DEPARTMENT. 33,372
There is hereby created in the state treasury the social 33,374
services incentive fund. The director of human services may 33,375
request that the director of budget and management transfer funds 33,377
in the Title IV-A reserve fund created under section 5101.82 of 33,379
the Revised Code and other funds appropriated for social service
duties into the fund. If the director of budget and management 33,382
determines that the funds identified by the director of human 33,383
services are available and appropriate for transfer, the director 33,384
of budget and management shall make the transfer. Money in the 33,385
fund shall be used to provide incentive awards under this 33,386
section.
Sec. 5101.33. (A) As used in this section, "public 33,395
assistance BENEFITS" means cash ANY OF THE FOLLOWING: 33,396
(1) CASH assistance paid under Chapter 5107. or 5115. of 33,399
the Revised Code or any;
(2) FOOD STAMP BENEFITS PROVIDED UNDER SECTION 5101.54 OF 33,401
THE REVISED CODE;
(3) ANY OTHER program administered by the department of 33,404
human services under which cash assistance is paid PROVIDED OR 33,405
SERVICE RENDERED;
(4) ANY OTHER PROGRAM, SERVICE, OR ASSISTANCE ADMINISTERED 33,407
765
BY A PERSON OR GOVERNMENT ENTITY THAT THE DEPARTMENT DETERMINES 33,409
MAY BE DELIVERED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT 33,410
TRANSFER.
(B) The director DEPARTMENT of human services may make any 33,412
payment OR DELIVERY of public assistance to eligible recipients 33,414
BENEFITS TO ELIGIBLE INDIVIDUALS through the medium of electronic 33,417
benefit transfer by doing all of the following:
(1) Contracting with an agent to supply debit cards to the 33,419
department of human services for use by such recipients 33,420
INDIVIDUALS in accessing their public assistance BENEFITS and to 33,423
credit such cards electronically with the amounts specified by 33,425
the director OF HUMAN SERVICES pursuant to law; 33,426
(2) Informing such recipients INDIVIDUALS about the use of 33,428
the electronic benefit transfer system and furnishing them with 33,429
debit cards and information that will enable them to access their 33,430
public assistance BENEFITS through the system; 33,431
(3) Arranging with specific financial institutions or 33,433
vendors, or with county departments of human services, OR PERSONS 33,434
OR GOVERNMENT ENTITIES for recipients INDIVIDUALS to have their 33,436
cards credited electronically with the proper amounts at their 33,438
facilities;
(4) Periodically preparing vouchers for the payment of 33,440
such public assistance BENEFITS by electronic benefit transfer; 33,442
(5) SATISFYING ANY APPLICABLE REQUIREMENTS OF FEDERAL AND 33,444
STATE LAW.
(C) The director of human services or his agent shall 33,448
inform the auditor of state of the amount of reimbursement that 33,449
is due each financial institution or vendor that has paid public 33,450
assistance or aid under former Chapter 5113. of the Revised Code 33,451
through the medium DEPARTMENT MAY ENTER INTO A WRITTEN AGREEMENT 33,453
WITH ANY PERSON OR GOVERNMENT ENTITY TO PROVIDE BENEFITS 33,454
ADMINISTERED BY THAT PERSON OR ENTITY THROUGH THE MEDIUM OF 33,456
ELECTRONIC BENEFIT TRANSFER. A WRITTEN AGREEMENT MAY REQUIRE THE
PERSON OR GOVERNMENT ENTITY TO PAY TO THE DEPARTMENT EITHER OR 33,458
766
BOTH OF THE FOLLOWING:
(1) A CHARGE THAT REIMBURSES THE DEPARTMENT FOR ALL COSTS 33,460
THE DEPARTMENT INCURS IN HAVING THE BENEFITS ADMINISTERED BY THE 33,461
PERSON OR ENTITY PROVIDED THROUGH THE ELECTRONIC BENEFIT TRANSFER 33,462
SYSTEM;
(2) A FEE FOR HAVING THE BENEFITS PROVIDED THROUGH THE 33,464
ELECTRONIC BENEFIT TRANSFER SYSTEM. 33,465
(D) THE DEPARTMENT MAY DESIGNATE WHICH COUNTIES WILL 33,468
PARTICIPATE IN THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER, SPECIFY 33,469
THE DATE A DESIGNATED COUNTY WILL BEGIN PARTICIPATION, AND 33,470
SPECIFY WHICH BENEFITS WILL BE PROVIDED THROUGH THE MEDIUM OF 33,471
ELECTRONIC BENEFIT TRANSFER IN A DESIGNATED COUNTY. 33,472
(E) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 33,475
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION
OF THIS SECTION.
Sec. 5101.34. (A) THERE IS HEREBY CREATED IN THE 33,478
DEPARTMENT OF HUMAN SERVICES THE OHIO COMMISSION ON FATHERHOOD. 33,479
THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS: 33,480
(1)(a) FOUR MEMBERS OF THE HOUSE OF REPRESENTATIVES 33,482
APPOINTED BY THE SPEAKER OF THE HOUSE, NOT MORE THAN TWO OF WHOM 33,483
ARE MEMBERS OF THE SAME POLITICAL PARTY. TWO OF THE MEMBERS MUST 33,484
BE FROM LEGISLATIVE DISTRICTS THAT INCLUDE A COUNTY OR PART OF A 33,485
COUNTY THAT IS AMONG THE ONE-THIRD OF COUNTIES IN THIS STATE WITH 33,486
THE HIGHEST NUMBER PER CAPITA OF HOUSEHOLDS HEADED BY FEMALES. 33,487
(b) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 33,489
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY. ONE OF THE 33,490
MEMBERS MUST BE FROM A LEGISLATIVE DISTRICT THAT INCLUDES A 33,492
COUNTY OR PART OF A COUNTY THAT IS AMONG THE ONE-THIRD OF 33,493
COUNTIES IN THIS STATE WITH THE HIGHEST NUMBER PER CAPITA OF 33,494
HOUSEHOLDS HEADED BY FEMALES.
(2) THE GOVERNOR, OR THE GOVERNOR'S DESIGNEE; 33,496
(3) ONE REPRESENTATIVE OF THE JUDICIAL BRANCH OF 33,498
GOVERNMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT; 33,500
(4) THE DIRECTORS OF HEALTH, HUMAN SERVICES, 33,502
767
REHABILITATION AND CORRECTION, AND YOUTH SERVICES AND THE 33,503
SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THEIR DESIGNEES; 33,504
(5) ONE REPRESENTATIVE OF THE OHIO FAMILY AND CHILDREN 33,507
FIRST CABINET COUNCIL CREATED UNDER SECTION 121.37 OF THE REVISED 33,509
CODE APPOINTED BY THE CHAIRPERSON OF THE COUNCIL; 33,510
(6) FIVE REPRESENTATIVES OF THE GENERAL PUBLIC APPOINTED 33,512
BY THE GOVERNOR. THESE MEMBERS SHALL HAVE EXTENSIVE EXPERIENCE 33,513
IN ISSUES RELATED TO FATHERHOOD. 33,514
(B) THE APPOINTING AUTHORITIES OF THE OHIO COMMISSION ON 33,517
FATHERHOOD SHALL MAKE INITIAL APPOINTMENTS TO THE COMMISSION 33,518
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. OF 33,519
THE INITIAL APPOINTMENTS TO THE COMMISSION MADE PURSUANT TO 33,520
DIVISIONS (A)(3), (5), AND (6) OF THIS SECTION, THREE OF THE 33,522
MEMBERS SHALL SERVE A TERM OF ONE YEAR AND FOUR SHALL SERVE A 33,523
TERM OF TWO YEARS. MEMBERS SO APPOINTED SUBSEQUENTLY SHALL SERVE 33,524
TWO-YEAR TERMS. A MEMBER APPOINTED PURSUANT TO DIVISION (A)(1) 33,526
OF THIS SECTION SHALL SERVE ON THE COMMISSION UNTIL THE END OF 33,527
THE GENERAL ASSEMBLY FROM WHICH THE MEMBER WAS APPOINTED OR UNTIL 33,528
THE MEMBER CEASES TO SERVE IN THE CHAMBER OF THE GENERAL ASSEMBLY 33,529
IN WHICH THE MEMBER SERVES AT THE TIME OF APPOINTMENT, WHICHEVER 33,530
OCCURS FIRST. THE GOVERNOR OR THE GOVERNOR'S DESIGNEE SHALL 33,531
SERVE ON THE COMMISSION UNTIL THE GOVERNOR CEASES TO BE GOVERNOR. 33,532
THE DIRECTORS AND SUPERINTENDENT OR THEIR DESIGNEES SHALL SERVE 33,533
ON THE COMMISSION UNTIL THEY CEASE, OR THE DIRECTOR OR 33,535
SUPERINTENDENT A DESIGNEE REPRESENTS CEASES, TO BE DIRECTOR OR 33,536
SUPERINTENDENT. EACH MEMBER SHALL SERVE ON THE COMMISSION FROM 33,537
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 33,538
MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. 33,539
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 33,542
ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY 33,543
OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE 33,544
MEMBER'S PREDECESSOR WAS APPOINTED SHALL SERVE ON THE COMMISSION 33,545
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE TO SERVE 33,546
ON THE COMMISSION SUBSEQUENT TO THE EXPIRATION DATE OF THE 33,547
768
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED OR UNTIL 33,548
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 33,549
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED 33,550
FOR NECESSARY EXPENSES.
Sec. 5101.341. (A) THE OHIO COMMISSION ON FATHERHOOD 33,552
ANNUALLY SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. THE 33,553
DEPARTMENT OF HUMAN SERVICES SHALL PROVIDE STAFF AND OTHER 33,554
SUPPORT SERVICES FOR THE COMMISSION. 33,555
(B) THE COMMISSION MAY ACCEPT GIFTS, GRANTS, DONATIONS, 33,558
CONTRIBUTIONS, BENEFITS, AND OTHER FUNDS FROM ANY PUBLIC AGENCY 33,559
OR PRIVATE SOURCE TO CARRY OUT ANY OR ALL OF THE COMMISSION'S 33,560
DUTIES. THE FUNDS SHALL BE DEPOSITED INTO THE OHIO COMMISSION ON 33,561
FATHERHOOD FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 33,562
ALL GIFTS, GRANTS, DONATIONS, CONTRIBUTIONS, BENEFITS, AND OTHER 33,563
FUNDS RECEIVED BY THE COMMISSION PURSUANT TO THIS DIVISION SHALL 33,564
BE USED SOLELY TO SUPPORT THE OPERATIONS OF THE COMMISSION. 33,565
Sec. 5101.342. THE OHIO COMMISSION ON FATHERHOOD SHALL DO 33,568
BOTH OF THE FOLLOWING:
(A) ORGANIZE A STATE SUMMIT ON FATHERHOOD EVERY FOUR 33,570
YEARS;
(B)(1) PREPARE A REPORT EACH YEAR THAT IDENTIFIES 33,573
RESOURCES AVAILABLE TO FUND FATHERHOOD-RELATED PROGRAMS AND 33,574
EXPLORES THE CREATION OF INITIATIVES TO DO THE FOLLOWING: 33,575
(a) BUILD THE PARENTING SKILLS OF FATHERS; 33,577
(b) PROVIDE EMPLOYMENT-RELATED SERVICES FOR LOW-INCOME, 33,580
NONCUSTODIAL FATHERS;
(c) PREVENT PREMATURE FATHERHOOD; 33,582
(d) PROVIDE SERVICES TO FATHERS WHO ARE INMATES IN OR HAVE 33,584
JUST BEEN RELEASED FROM IMPRISONMENT IN A STATE CORRECTIONAL 33,585
INSTITUTION, AS DEFINED IN SECTION 2967.01 OF THE REVISED CODE, 33,586
OR IN ANY OTHER DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 33,587
OF THE REVISED CODE, SO THAT THEY ARE ABLE TO MAINTAIN OR
REESTABLISH THEIR RELATIONSHIPS WITH THEIR FAMILIES; 33,588
(e) RECONCILE FATHERS WITH THEIR FAMILIES; 33,590
769
(f) INCREASE PUBLIC AWARENESS OF THE CRITICAL ROLE FATHERS 33,593
PLAY.
(2) THE COMMISSION SHALL SUBMIT EACH REPORT PREPARED 33,596
PURSUANT TO DIVISION (B)(1) OF THIS SECTION TO THE PRESIDENT AND 33,597
MINORITY LEADER OF THE SENATE, SPEAKER AND MINORITY LEADER OF THE 33,598
HOUSE OF REPRESENTATIVES, GOVERNOR, AND CHIEF JUSTICE OF THE 33,599
SUPREME COURT. THE FIRST REPORT IS DUE NOT LATER THAN ONE YEAR 33,600
AFTER THE LAST OF THE INITIAL APPOINTMENTS TO THE COMMISSION IS 33,601
MADE UNDER SECTION 5101.341 OF THE REVISED CODE. 33,602
Sec. 5101.343. SECTION 101.84 OF THE REVISED CODE DOES NOT 33,605
APPLY TO THE OHIO COMMISSION ON FATHERHOOD. 33,606
Sec. 5101.46. (A) As used in this section: 33,615
(1) "Title XX" means Title XX of the "Social Security 33,618
Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. 33,620
(2) "Respective local agency" means, with respect to the 33,623
department of human services, a county department of human
services; with respect to the department of mental health, a 33,624
board of alcohol, drug addiction, and mental health services; and 33,626
with respect to the department of mental retardation and
developmental disabilities, a county board of mental retardation 33,627
and developmental disabilities. 33,628
(3) "Federal poverty guidelines" means the poverty 33,631
guidelines as revised annually by the United States department of 33,632
health and human services in accordance with section 673(2) of 33,633
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 33,635
U.S.C.A. 9902, as amended, for a family size equal to the size of 33,637
the family of the person whose income is being determined. 33,638
(B) The departments of human services, mental health, and 33,641
mental retardation and developmental disabilities, with their 33,642
respective local agencies, shall administer the provision of 33,643
social services funded through grants made under Title XX. The 33,645
social services furnished with Title XX funds shall be directed 33,646
at the following goals:
(1) Achieving or maintaining economic self-support to 33,648
770
prevent, reduce, or eliminate dependency; 33,649
(2) Achieving or maintaining self-sufficiency, including 33,651
reduction or prevention of dependency; 33,652
(3) Preventing or remedying neglect, abuse, or 33,654
exploitation of children and adults unable to protect their own 33,655
interests, or preserving, rehabilitating, or reuniting families; 33,656
(4) Preventing or reducing inappropriate institutional 33,658
care by providing for community-based care, home-based care, or 33,659
other forms of less intensive care; 33,660
(5) Securing referral or admission for institutional care 33,662
when other forms of care are not appropriate, or providing 33,663
services to individuals in institutions. 33,664
(C)(1) All federal funds received under Title XX shall be 33,667
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of 33,670
human services;
(b) Twelve and ninety-three one-hundreths per cent to the 33,673
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per cent to the 33,676
department of mental retardation and developmental disabilities. 33,677
(2) Each state department shall, subject to the approval 33,680
of the controlling board, develop formulas for the distribution 33,681
of their Title XX appropriations to their respective local 33,683
agencies. The formulas shall take into account the total 33,684
population of the area that is served by the agency, the 33,685
percentage of the population in the area that falls below the 33,686
federal poverty guidelines, and the agency's history of and
ability to utilize Title XX funds. 33,687
(3) Each of the state departments shall expend no more 33,690
than three per cent of its Title XX appropriation for state 33,691
administrative costs. Each of the department's respective local 33,692
agencies shall expend no more than fourteen per cent of its Title 33,694
XX appropriation for local administrative costs.
(4) The department of human services shall expend no more 33,696
771
than two per cent of its Title XX appropriation for the training 33,699
of the following:
(a) Employees of county departments of human services; 33,702
(b) Providers of services under contract with the state 33,705
departments' respective local agencies;
(c) Employees of a public children services agency 33,707
directly engaged in providing Title XX services. 33,710
(D) The department of human services shall prepare a 33,713
biennial comprehensive Title XX social services plan on the 33,714
intended use of Title XX funds. The department shall develop a 33,715
method for obtaining public comment during the development of the 33,716
plan and following its completion. 33,717
For each state fiscal year, the department of human 33,719
services shall prepare a report on the actual use of Title XX 33,721
funds. The department shall make the report available for public 33,722
inspection.
The departments of mental health and mental retardation and 33,725
developmental disabilities shall prepare and submit to the
department of human services the portions of each biennial plan 33,726
and annual report that apply to services for mental health and 33,727
mental retardation and developmental disabilities. Each 33,728
respective local agency of the three state departments shall 33,729
submit information as necessary for the preparation of biennial 33,730
plans and annual reports. 33,731
(E) Each county department shall adopt a county profile 33,734
for the administration and provision of Title XX social services 33,735
in the county. In developing its county profile, the county 33,736
department shall take into consideration the comments and 33,737
recommendations received from the public by the county human 33,738
services planning committee pursuant to section 329.06 of the 33,739
Revised Code. As part of its preparation of the county profile, 33,741
the county department may prepare a local needs report analyzing 33,742
the need for Title XX social services. 33,743
The county department shall submit the county profile to 33,746
772
the board of county commissioners for its review. Once the
county profile has been approved by the board, the county 33,747
department shall file a copy of the county profile with the state 33,749
department of human services. The state department shall approve 33,750
the county profile if the state department determines the profile
provides for the Title XX social services to meet the goals 33,751
specified in division (B) of this section. 33,752
(F) Not less often than every two years, the departments 33,754
of human services, mental health, and mental retardation and 33,755
developmental disabilities each shall commission an entity 33,756
independent of itself to conduct an audit of its Title XX 33,757
expenditures in accordance with generally accepted auditing 33,759
principles. Within thirty days following the completion of its 33,760
audit, each department shall submit a copy of the audit to the 33,761
general assembly and to the United States secretary of health and 33,762
human services. 33,763
(G) Any of the three state departments and their 33,766
respective local agencies may require that an entity under 33,767
contract to provide social services with Title XX funds submit to 33,768
an audit on the basis of alleged misuse or improper accounting of 33,769
funds. The three state departments and their respective local 33,770
agencies may terminate or refuse to enter into a Title XX 33,771
contract with a provider of social services if there are adverse 33,772
findings in an audit that are the responsibility of the provider. 33,773
The amount of any adverse findings shall not be reimbursed with 33,774
Title XX funds. The cost of conducting an audit shall be 33,775
reimbursed under a subsequent or amended Title XX contract with 33,776
the provider. 33,777
(H) If federal funds received by the department of human 33,780
services for use under Chapters 5107. and 5108. of the Revised 33,781
Code are transferred by the controlling board for use in 33,783
providing social services under this section, the DISTRIBUTION 33,784
AND USE OF THE FUNDS ARE NOT SUBJECT TO THE PROVISIONS OF 33,785
DIVISION (C) OF THIS SECTION. THE department shall distribute 33,786
773
MAY DO ONE OR BOTH OF THE FOLLOWING WITH THE FUNDS:
(1) DISTRIBUTE the funds solely to the county departments 33,789
of human services;
(2) USE THE FUNDS FOR SERVICES THAT BENEFIT INDIVIDUALS 33,791
ELIGIBLE FOR SERVICES CONSISTENT WITH THE PRINCIPLES OF TITLE 33,793
IV-A OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 33,794
U.S.C.A. 301, AS AMENDED.
(I) The department of human services may adopt rules 33,796
necessary to carry out the purposes of this section. Rules 33,798
adopted under this division shall be adopted in accordance with 33,800
Chapter 119. of the Revised Code, unless they are internal 33,801
management rules governing fiscal and administrative matters. 33,802
Internal management rules may be adopted in accordance with 33,803
section 111.15 of the Revised Code. 33,805
Sec. 5101.50. (A) AS USED IN THIS SECTION AND IN SECTIONS 33,807
5101.51 TO 5101.518 OF THE REVISED CODE: 33,808
(1) "CHILDREN'S HEALTH INSURANCE PROGRAM" MEANS THE 33,810
PROGRAM AUTHORIZED BY TITLE XXI OF THE "SOCIAL SECURITY ACT," 111 33,812
STAT. 552 (1997), 42 U.S.C.A. 1397aa. 33,814
(2) "FEDERAL POVERTY GUIDELINES" HAS THE SAME MEANING AS 33,816
IN SECTION 5101.46 OF THE REVISED CODE. 33,817
(B) THE DIRECTOR OF HUMAN SERVICES MAY CONTINUE TO OPERATE 33,819
THE CHILDREN'S HEALTH INSURANCE PROGRAM INITIALLY AUTHORIZED BY 33,820
AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF THE REVISED 33,821
CODE AS LONG AS FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR 33,822
THE PROGRAM. IF OPERATED, THE PROGRAM SHALL PROVIDE HEALTH 33,823
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 33,824
WITH FAMILY INCOMES NOT EXCEEDING ONE HUNDRED FIFTY PER CENT OF 33,825
THE FEDERAL POVERTY GUIDELINES. IN ACCORDANCE WITH 42 U.S.C.A. 33,827
1397aa, THE DIRECTOR MAY PROVIDE FOR THE HEALTH ASSISTANCE TO 33,828
MEET THE REQUIREMENTS OF 42 U.S.C.A. 1397cc, TO BE PROVIDED UNDER 33,830
THE MEDICAID PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE 33,831
REVISED CODE, OR TO BE A COMBINATION OF BOTH. 33,832
Sec. 5101.501. HEALTH ASSISTANCE PROVIDED UNDER SECTION 33,834
774
5101.50 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 33,835
HEALTH INSURANCE PROGRAM PART I. 33,836
Sec. 5101.502. THE DIRECTOR OF HUMAN SERVICES MAY ADOPT 33,838
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 33,839
NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE CHILDREN'S 33,841
HEALTH INSURANCE PROGRAM PART I, INCLUDING RULES THAT ESTABLISH 33,842
ALL OF THE FOLLOWING: 33,843
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 33,845
WILL BE REIMBURSED; 33,846
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 33,848
REIMBURSABLE UNDER THE PROGRAM; 33,849
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 33,851
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 33,853
Sec. 5101.503. A COMPLETED APPLICATION FOR MEDICAL 33,855
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 33,856
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 33,858
CHILDREN'S HEALTH INSURANCE PROGRAM PART I IF THE APPLICATION IS 33,859
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 33,861
YEARS OF AGE AND IS DENIED.
Sec. 5101.51. IN ACCORDANCE WITH FEDERAL LAW GOVERNING THE 33,863
CHILDREN'S HEALTH INSURANCE PROGRAM, THE DIRECTOR OF HUMAN 33,864
SERVICES MAY SUBMIT A STATE CHILD HEALTH PLAN TO THE UNITED 33,865
STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO PROVIDE, EXCEPT 33,866
AS PROVIDED IN SECTION 5101.516 OF THE REVISED CODE, HEALTH 33,868
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 33,869
WITH FAMILY INCOMES ABOVE ONE HUNDRED FIFTY PER CENT OF THE 33,870
FEDERAL POVERTY GUIDELINES BUT NOT EXCEEDING TWO HUNDRED PER CENT 33,871
OF THE FEDERAL POVERTY GUIDELINES. IF THE DIRECTOR SUBMITS THE 33,872
PLAN, THE DIRECTOR SHALL INCLUDE BOTH OF THE FOLLOWING IN THE 33,873
PLAN:
(A) THE HEALTH ASSISTANCE WILL NOT BEGIN BEFORE JANUARY 1, 33,876
2000.
(B) THE HEALTH ASSISTANCE WILL BE AVAILABLE ONLY WHILE 33,878
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR IT. 33,879
775
Sec. 5101.511. HEALTH ASSISTANCE PROVIDED UNDER SECTION 33,881
5101.51 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 33,882
HEALTH INSURANCE PROGRAM PART II. 33,883
Sec. 5101.512. IF THE DIRECTOR OF HUMAN SERVICES SUBMITS A 33,885
STATE CHILD HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH 33,886
AND HUMAN SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND 33,888
THE SECRETARY APPROVES THE PLAN, THE DIRECTOR SHALL IMPLEMENT THE
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IN ACCORDANCE WITH 33,890
THE PLAN. THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 33,891
CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR THE EFFICIENT 33,892
ADMINISTRATION OF THE PROGRAM, INCLUDING RULES THAT ESTABLISH ALL 33,895
OF THE FOLLOWING: 33,896
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 33,898
WILL BE REIMBURSED; 33,899
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 33,901
REIMBURSABLE UNDER THE PROGRAM; 33,902
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 33,904
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 33,905
Sec. 5101.513. THE DIRECTOR OF HUMAN SERVICES MAY CONTRACT 33,907
WITH A GOVERNMENT ENTITY OR PERSON TO PERFORM THE DIRECTOR'S 33,908
ADMINISTRATIVE DUTIES REGARDING THE CHILDREN'S HEALTH INSURANCE 33,909
PROGRAM PART II, OTHER THAN THE DUTY TO SUBMIT A STATE CHILD 33,910
HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 33,912
SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND THE DUTY 33,913
TO ADOPT RULES UNDER SECTION 5101.512 OF THE REVISED CODE. 33,914
Sec. 5101.514. IN ACCORDANCE WITH 42 U.S.C.A. 1397aa, THE 33,917
DIRECTOR MAY PROVIDE FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S 33,919
HEALTH INSURANCE PROGRAM PART II TO MEET THE REQUIREMENTS OF 42 33,920
U.S.C.A. 1397cc, TO BE PROVIDED UNDER THE MEDICAID PROGRAM 33,922
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, OR TO BE A 33,923
COMBINATION OF BOTH. 33,924
Sec. 5101.515. THE DIRECTOR OF HUMAN SERVICES MAY 33,926
DETERMINE APPLICANTS' ELIGIBILITY FOR THE CHILDREN'S HEALTH 33,927
INSURANCE PROGRAM PART II BY ANY OF THE FOLLOWING MEANS: 33,928
776
(A) USING EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES; 33,930
(B) ASSIGNING THE DUTY TO COUNTY DEPARTMENTS OF HUMAN 33,932
SERVICES; 33,933
(C) CONTRACTING WITH A GOVERNMENT ENTITY OR PERSON. 33,935
Sec. 5101.516. IF THE DIRECTOR OF HUMAN SERVICES 33,937
DETERMINES THAT FEDERAL FINANCIAL PARTICIPATION FOR THE 33,938
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IS INSUFFICIENT TO 33,939
PROVIDE HEALTH ASSISTANCE TO ALL THE INDIVIDUALS THE DIRECTOR 33,940
ANTICIPATES ARE ELIGIBLE FOR THE PROGRAM, THE DIRECTOR MAY REFUSE 33,941
TO ACCEPT NEW APPLICATIONS FOR THE PROGRAM OR MAY MAKE THE 33,942
PROGRAM'S ELIGIBILITY REQUIREMENTS MORE RESTRICTIVE. 33,943
Sec. 5101.517. TO THE EXTENT PERMITTED BY 42 U.S.C.A. 33,947
1397cc(e), THE DIRECTOR OF HUMAN SERVICES MAY REQUIRE AN 33,948
INDIVIDUAL RECEIVING HEALTH ASSISTANCE UNDER THE CHILDREN'S
HEALTH INSURANCE PROGRAM PART II TO PAY A PREMIUM, DEDUCTIBLE, 33,949
COINSURANCE PAYMENT, OR OTHER COST-SHARING EXPENSE. 33,950
Sec. 5101.518. THE DIRECTOR OF HUMAN SERVICES SHALL 33,952
ESTABLISH AN APPEAL PROCESS FOR INDIVIDUALS AGGRIEVED BY A 33,953
DECISION MADE REGARDING ELIGIBILITY FOR THE CHILDREN'S HEALTH 33,954
INSURANCE PROGRAM PART II. THE PROCESS MAY BE IDENTICAL TO, 33,955
SIMILAR TO, OR DIFFERENT FROM THE APPEAL PROCESS ESTABLISHED BY 33,956
SECTION 5101.35 OF THE REVISED CODE. 33,957
Sec. 5101.519. A COMPLETED APPLICATION FOR MEDICAL 33,959
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE SHALL BE 33,960
TREATED AS AN APPLICATION FOR HEALTH ASSISTANCE UNDER THE 33,962
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IF THE APPLICATION IS 33,963
FOR AN ASSISTANCE GROUP THAT INCLUDES A CHILD UNDER NINETEEN 33,965
YEARS OF AGE AND IS DENIED.
Sec. 5101.52. Upon the death of a recipient of aid, under 33,974
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 33,975
U.S.C.A. 301, as amended, or of any person who would be eligible 33,976
for such aid except that he THE PERSON is a resident of a county 33,977
home, or any person who received assistance under former Chapter 33,979
5105., 5106., or 5151. of the Revised Code, for the month of 33,980
777
December, 1973, or a recipient of aid under Chapter 5107. or 33,981
5115. of the Revised Code who resides RESIDED in an 33,982
unincorporated area, application may be made THE PERSON ENTITLED 33,984
TO RECEIVE PAYMENT FOR FUNERAL, CREMATION, CEMETERY, AND BURIAL 33,985
EXPENSES FOR THE DECEASED RECIPIENT MAY APPLY to the A COUNTY 33,986
department of human services for STATE funds to defray the THOSE 33,987
expenses of burial for such deceased recipient. AN ITEMIZED 33,989
SWORN STATEMENT OF THE TOTAL FUNERAL, CREMATION, CEMETERY, AND 33,990
BURIAL CHARGES SUBMITTED BY A FUNERAL DIRECTOR MUST ACCOMPANY THE 33,991
APPLICATION.
THE COUNTY DEPARTMENT THAT RECEIVES THE APPLICATION SHALL 33,993
MAKE THE DETERMINATION OF WHETHER TO APPROVE PAYMENT OF THE 33,994
FUNERAL, CREMATION, CEMETERY, AND BURIAL EXPENSES. THE COUNTY 33,996
DEPARTMENT SHALL NOT APPROVE THE PAYMENT IF THE RECIPIENT, AT THE 33,997
TIME OF DEATH, HAD FUNDS AVAILABLE FOR THE EXPENSES OR IF THE 33,998
TOTAL COST OF THE EXPENSES EXCEEDS THE AMOUNT DESIGNATED IN THIS 33,999
SECTION. ANY PERSON OR GOVERNMENT ENTITY, OTHER THAN THE STATE 34,000
DEPARTMENT OF HUMAN SERVICES, MAY PROVIDE CONTRIBUTIONS, 34,002
ALLOWANCES, AND GRANTS UP TO A TOTAL AMOUNT NOT TO EXCEED THE 34,003
MAXIMUM BURIAL ASSISTANCE PAYMENT UNDER THIS SECTION AND GRAVE 34,004
SPACE TOWARDS ITEMS OF CREMATION, CEMETERY, OUTSIDE RECEPTACLE, 34,005
AND INCIDENTAL FUNERAL AND BURIAL EXPENSES, OTHER THAN A STANDARD 34,006
SIZED CASKET AND PROFESSIONAL SERVICES OF THE FUNERAL DIRECTOR. 34,007
TO THE EXTENT FURNISHED, SUCH CONTRIBUTION, ALLOWANCE, GRANT, OR 34,008
GRAVE SPACE SHALL NOT BE CONSIDERED A PART OF THE TOTAL FUNERAL, 34,009
CREMATION, CEMETERY, AND BURIAL EXPENSES OF THE DECEASED 34,010
RECIPIENT. The COUNTY department shall approve burial PAYMENT OF 34,011
expenses only to the extent of the difference between the 34,012
resources of the deceased person, in real and personal property 34,013
and insurance, and the permissible payment for burial and funeral 34,014
expenses as provided in this section. 34,015
A sum not to exceed the following amount may be ordered 34,017
paid to the proper person to defray the total funeral, cremation, 34,018
cemetery, and burial expenses of the deceased recipient: 34,019
778
(A) A IF THE DECEASED RECIPIENT WAS A recipient of aid 34,021
under Title XVI of the "Social Security Act," 49 Stat. 620 34,024
(1935), 42 U.S.C.A. 301, as amended, or of any A person who would 34,025
be HAVE BEEN eligible for such aid except that he is a resident 34,027
of THE PERSON RESIDED IN a county home, or any A person who 34,028
received assistance under former Chapter 5105., 5106., or 5151. 34,030
of the Revised Code, for the month of December, 1973, or a 34,031
recipient of aid under Chapter 5107. or 5115. of the Revised Code 34,033
who resides RESIDED in an unincorporated area. If such recipient 34,034
is AND WAS eleven years of age or older, seven hundred fifty 34,035
dollars.
(B) A IF THE DECEASED RECIPIENT WAS A recipient of aid 34,037
under Chapter 5107. or 5115. of the Revised Code who resides 34,039
RESIDED in an unincorporated area, if such recipient has AND HAD 34,041
not reached the age of eleven years, five hundred dollars. 34,043
Such funeral, cremation, cemetery, and burial expense 34,045
payments shall not be made to the extent that the recipient, at 34,046
the time of death, had funds available for such purposes. No 34,047
payment shall be made by the department if the total cost of the 34,048
funeral, cremation, cemetery, and burial expenses exceeds the 34,049
amount designated under this section. Contributions, allowances, 34,050
and grants up to a total amount not to exceed the maximum burial 34,051
assistance payment under this section and grave space may be 34,052
furnished by any source, other than the department, towards items 34,053
of cremation, cemetery, outside receptacle, incidental funeral 34,054
and burial expenses, other than a standard sized casket and 34,055
professional services of the funeral director, and to the extent 34,056
so furnished shall not be considered as a part of the total 34,057
funeral, cremation, cemetery, and burial expenses of such 34,058
deceased recipient. Application for state funds shall be filed 34,059
by the proper person entitled to receive payment for funeral and 34,060
burial expenses. An itemized sworn statement of the total 34,061
funeral, cremation, cemetery, and burial charges shall be 34,062
submitted by the funeral director. 34,063
779
Sec. 5101.541. (A) The department of human services shall 34,072
establish, by rule, effective July 1, 1981, a system of mail 34,073
issuance of food stamp allotments utilizing direct coupon 34,074
mailing. The county department of human services shall 34,075
administer the mailing of such coupons under the supervision of 34,076
the department of human services. The system shall provide for 34,077
redetermination of eligibility at the same intervals as are in 34,078
effect on March 23, 1981 or at such other intervals as may be 34,079
required by federal law or regulation. 34,080
(B) The department of human services shall provide an 34,082
alternative system to the system of mail issuance established in 34,083
division (A) of this section in counties where ANY OF THE 34,084
FOLLOWING APPLY: 34,085
(1) The department can document, after notice and hearing, 34,087
significant diminution of demand for mail issuance of food stamp 34,088
coupons; or 34,089
(2) The loss rate for coupons issued through the mail 34,091
exceeds any tolerable loss rate which may be established by rule 34,092
of the United States department of agriculture; 34,093
(3) THE DEPARTMENT PROVIDES FOR FOOD STAMP BENEFITS TO BE 34,095
DISTRIBUTED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER IN 34,096
THE COUNTY PURSUANT TO SECTION 5101.33 OF THE REVISED CODE. 34,097
(C) The county department of human services shall issue to 34,099
each household or the household's authorized representative for 34,100
coupon issuance, at the time eligibility for food stamps is 34,101
established, an identification card. The card shall be issued in 34,102
the name of the household member to whom food stamp coupons are 34,103
issued or the authorized representative. 34,104
Sec. 5101.544. If the benefits of a household are reduced 34,113
under a federal, state, or local means-tested public assistance 34,114
program for failure of a member of the household to perform an 34,115
action required under the program, the household may not receive, 34,116
for the duration of the reduction, an increased allotment of food 34,117
stamp benefits as the result of a decrease in the income of the 34,118
780
household to the extent that the decrease is the result of the 34,119
reduction. To the extent federal law and regulations or a 34,120
federal waiver permit, an incentive payment under the LEAPprogram established under section 5107.30 of the Revised Code 34,123
shall not result in a decrease in the allotment of food stamp 34,125
benefits a household receives.
The department of human services shall adopt rules in 34,127
accordance with Chapter 119. of the Revised Code to implement 34,129
this section. The rules shall be consistent with 7 U.S.C.A. 34,130
2017(d), AND federal regulations, and the terms and conditions of 34,131
the federal waiver authorizing the LEAP program. 34,132
Sec. 5101.83. (A) As used in this section: 34,142
(1) "Assistance group" has the same meaning as in sections 34,144
5107.02 and 5108.01 of the Revised Code. 34,145
(2) "Fraudulent assistance" means assistance and services, 34,149
including cash assistance, provided under the Ohio works first 34,150
program established under Chapter 5107., or the prevention, 34,151
retention, and contingency program established under Chapter 34,152
5108. of the Revised Code, to or on behalf of an assistance group 34,153
that is provided as a result of fraud by a member of the 34,155
assistance group, including an intentional violation of the 34,156
program's requirements. "Fraudulent assistance" does not include 34,157
assistance or services to or on behalf of an assistance group 34,160
that is provided as a result of an error that is the fault of a 34,161
county department of human services or the state department of 34,162
human services.
(B) If a county director of human services determines that 34,166
an assistance group has received fraudulent assistance, the 34,167
assistance group is ineligible to participate in the Ohio works 34,169
first program or the prevention, retention, and contingency 34,170
program until a member of the assistance group repays the cost of 34,172
the fraudulent assistance. If a member repays the cost of the 34,173
fraudulent assistance and the assistance group otherwise meets 34,174
the eligibility requirements for the Ohio works first program or 34,176
781
the prevention, retention, and contingency program, the
assistance group shall not be denied the opportunity to 34,177
participate in the program. 34,178
This section does not limit the ability of a county 34,180
department of human services to recover erroneous payments under 34,181
section 5107.77 5107.76 of the Revised Code. 34,182
The state department of human services shall adopt rules in 34,185
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 34,187
THE REVISED CODE, "KINSHIP CAREGIVER" MEANS ANY OF THE FOLLOWING 34,189
WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND IS CARING FOR A CHILD 34,190
IN PLACE OF THE CHILD'S PARENTS: 34,192
(A) THE FOLLOWING INDIVIDUALS RELATED BY BLOOD OR ADOPTION 34,194
TO THE CHILD: 34,195
(1) GRANDPARENTS, INCLUDING GRANDPARENTS WITH THE PREFIX 34,197
"GREAT," "GREAT-GREAT," OR "GREAT-GREAT-GREAT"; 34,198
(2) SIBLINGS; 34,200
(3) AUNTS, UNCLES, NEPHEWS, AND NIECES, INCLUDING SUCH 34,202
RELATIVES WITH THE PREFIX "GREAT," "GREAT-GREAT," "GRAND," OR 34,203
"GREAT-GRAND";
(4) FIRST COUSINS AND FIRST COUSINS ONCE REMOVED. 34,205
(B) STEPPARENTS AND STEPSIBLINGS OF THE CHILD; 34,207
(C) SPOUSES AND FORMER SPOUSES OF INDIVIDUALS NAMED IN 34,209
DIVISIONS (A) AND (B) OF THIS SECTION; 34,210
(D) A LEGAL GUARDIAN OF THE CHILD; 34,212
(E) A LEGAL CUSTODIAN OF THE CHILD. 34,214
Sec. 5101.851. THERE IS HEREBY CREATED THE KINSHIP CARE 34,216
SERVICES PLANNING COUNCIL IN THE DEPARTMENT OF HUMAN SERVICES. 34,217
THE FOLLOWING SHALL SERVE ON THE COUNCIL: 34,218
(A) THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE 34,220
DIRECTORS OF HUMAN SERVICES, YOUTH SERVICES, HEALTH, MENTAL 34,221
HEALTH, ALCOHOL AND DRUG ADDICTION SERVICES, MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES, AND AGING OR THE SUPERINTENDENT'S 34,222
782
OR DIRECTORS' DESIGNEES; 34,223
(B) REPRESENTATIVES OF THE FOLLOWING AS APPOINTED BY THE 34,225
DIRECTOR OF HUMAN SERVICES NOT LATER THAN AUGUST 30, 1999: 34,226
(1) PUBLIC CHILDREN SERVICES AGENCIES; 34,228
(2) COUNTY DEPARTMENTS OF HUMAN SERVICES; 34,230
(3) CHILD SUPPORT ENFORCEMENT AGENCIES; 34,232
(4) AREA AGENCIES ON AGING; 34,234
(5) LEGAL AID SOCIETIES; 34,236
(6) ORGANIZATIONS THE DIRECTOR DETERMINES SHOULD BE 34,238
REPRESENTED ON THE COUNCIL. 34,239
Sec. 5101.852. BASED ON THE REPORT OF THE GRANDPARENTS 34,241
RAISING GRANDCHILDREN TASK FORCE CREATED BY AM. SUB. H.B. 215 OF 34,242
THE 122nd GENERAL ASSEMBLY, THE KINSHIP CARE SERVICES PLANNING 34,243
COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DIRECTOR OF HUMAN 34,244
SERVICES THAT SPECIFY THE TYPES OF SERVICES THAT SHOULD BE 34,245
INCLUDED AS PART OF A PROGRAM PROVIDING SUPPORT SERVICES TO 34,246
KINSHIP CAREGIVERS.
THE COUNCIL SHALL MAKE ITS RECOMMENDATIONS TO THE DIRECTOR 34,248
OF HUMAN SERVICES NO LATER THAN DECEMBER 31, 1999. THE COUNCIL 34,249
SHALL CEASE TO EXIST ON THE DATE IT MAKES THE RECOMMENDATIONS. 34,250
Sec. 5101.853. (A) AS USED IN THIS SECTION, "QUALIFIED 34,252
STATE EXPENDITURES" HAS THE MEANING PROVIDED BY SECTION 34,253
409(a)(7)(B)(i) OF THE "PERSONAL RESPONSIBILITY AND WORK 34,257
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 34,260
U.S.C.A. 609(a)(7)(B)(i). 34,261
(B) USING QUALIFIED STATE EXPENDITURES AND BASED ON THE 34,263
RECOMMENDATIONS OF THE KINSHIP CARE SERVICES PLANNING COUNCIL, 34,264
THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A PROGRAM 34,265
PROVIDING SUPPORT SERVICES TO KINSHIP CAREGIVERS THAT ADDRESSES 34,266
THE NEEDS OF THOSE CAREGIVERS. THE DEPARTMENT SHALL ESTABLISH 34,267
THE PROGRAM NO LATER THAN MARCH 31, 2000. THE PROGRAM SHALL 34,268
PROVIDE SUPPORT SERVICES THAT INCLUDE THE FOLLOWING: 34,269
(1) PUBLICLY FUNDED CHILD DAY-CARE; 34,271
(2) RESPITE CARE; 34,273
783
(3) TRAINING RELATED TO CARING FOR SPECIAL NEEDS CHILDREN; 34,275
(4) A TOLL-FREE TELEPHONE NUMBER THAT MAY BE CALLED TO 34,277
OBTAIN BASIC INFORMATION ABOUT THE RIGHTS OF, AND SERVICES 34,278
AVAILABLE TO, KINSHIP CAREGIVERS; 34,279
(5) LEGAL SERVICES. 34,281
Sec. 5101.854. THE DEPARTMENT OF HUMAN SERVICES SHALL 34,283
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 34,284
TO IMPLEMENT THE PROGRAM TO PROVIDE SUPPORT SERVICES TO KINSHIP 34,286
CAREGIVERS. TO THE EXTENT PERMITTED BY FEDERAL LAW AND THE 34,287
REVISED CODE, THE RULES MAY EXPAND ELIGIBILITY FOR PROGRAMS 34,288
ADMINISTERED BY THE DEPARTMENT IN A MANNER MAKING KINSHIP 34,289
CAREGIVERS ELIGIBLE FOR THE PROGRAMS. 34,290
Sec. 4 5101.86. (A) As used in this section, "poverty 34,292
guideline" means the official poverty guideline as revised 34,295
annually by the United States Secretary SECRETARY of Health 34,296
HEALTH and Human Services HUMAN SERVICES in accordance with 34,297
section 673 of the "Community Services Block Grant Act," 95 Stat. 34,299
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 34,302
to the size of the family of the person whose income is being
determined. 34,303
(B) The Department DEPARTMENT of Human Services HUMAN 34,306
SERVICES shall establish the Non-TANF Emergency Assistance 34,308
Program ADULT EMERGENCY ASSISTANCE PROGRAM with funds in 34,309
appropriation line item 400-512, Non-TANF Emergency Assistance 34,310
APPROPRIATED BY THE GENERAL ASSEMBLY. 34,311
Funds appropriated for the Non-TANF Emergency Assistance 34,313
Program PROGRAM shall be used to assist persons age eighteen or 34,317
older who are not eligible for assistance under the Temporary 34,318
Assistance for Needy Families Program authorized by Executive 34,319
Order 96-73V and have incomes not greater than 40 per cent of the 34,322
poverty guideline ELIGIBLE FOR THE PROGRAM with emergency needs, 34,323
including food, clothing, shelter, and other essential goods or 34,325
services. The funds shall be used for direct payments to, or on 34,326
behalf of, eligible persons. A PERSON IS ELIGIBLE FOR THE 34,327
784
PROGRAM IF THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 34,328
(1) THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE; 34,329
(2) THE PERSON IS NOT A PARENT RESIDING WITH THE PARENT'S 34,331
CHILD; 34,332
(3) THE PERSON DOES NOT HAVE INCOME GREATER THAN FORTY PER 34,334
CENT OF THE POVERTY GUIDELINE, UNLESS THE PERSON IS SIXTY-FIVE 34,335
YEARS OF AGE OR OLDER AND RECEIVING SUPPLEMENTAL SECURITY INCOME 34,337
UNDER TITLE XVI OF THE "SOCIAL SECURITY ACT," 86 STAT. 1475 34,338
(1972), 42 U.S.C.A. 1383, AS AMENDED. 34,339
(C) As soon as possible after the start of EACH fiscal 34,341
years 1998 and 1999 YEAR, the Department DEPARTMENT shall 34,342
distribute, in a single payment, the funds appropriated that 34,344
fiscal year for the Non-TANF Emergency Assistance Program PROGRAM 34,346
to the Ohio State Set-Aside Committee STATE SET-ASIDE COMMITTEE 34,348
of the Federal Emergency Management Agency FEDERAL EMERGENCY 34,349
MANAGEMENT AGENCY or to a fiscal agent designated by the 34,351
Committee COMMITTEE. The Committee COMMITTEE shall determine the 34,353
amount of the appropriation to be allocated to each county, and 34,354
the Committee COMMITTEE or its fiscal agent shall distribute the 34,355
allocations to the counties. Each county's allocation shall be 34,357
paid to a nonprofit entity that serves as the county's emergency
food and shelter board or to a fiscal agent designated by the 34,358
entity. If an entity serves as the emergency food and shelter 34,359
board for more than one county, the allocation for each of those 34,360
counties shall be paid to that entity. 34,361
The Committee COMMITTEE may reallocate funds during A 34,364
fiscal years 1998 and 1999 YEAR based on its determination of 34,366
local needs and expenditures.
The Committee COMMITTEE or its fiscal agent may use up to 34,369
three per cent of the fiscal years 1998 and 1999 appropriation 34,370
AMOUNT APPROPRIATED FOR A FISCAL YEAR for administrative 34,371
expenses. The Committee COMMITTEE may allow any county entity 34,373
receiving funds under this section in fiscal years 1998 and 1999, 34,374
the entity's fiscal agent, or an entity designated by the county 34,375
785
entity to use up to four per cent of the county's allocation for 34,377
administrative expenses.
(D) If any local entity returns unexpended fiscal year 34,379
1998 Non-TANF Emergency Assistance funds FOR THE PROGRAM to the 34,382
State Set-Aside Committee COMMITTEE, the Committee COMMITTEE 34,384
shall return the funds to the department. The department shall 34,385
seek approval from the Controlling Board CONTROLLING BOARD to 34,387
transfer the unexpended funds to increase the THAT fiscal year 34,388
1999 YEAR'S appropriation for Non-TANF Emergency Assistance THE 34,391
PROGRAM. If the Controlling Board CONTROLLING BOARD approves the 34,393
increase, the Department DEPARTMENT shall distribute the 34,394
increased appropriation to the Committee COMMITTEE or its fiscal 34,396
agent. The Committee COMMITTEE may allocate, distribute, and 34,397
reallocate the additional funds in the same manner as other 34,398
fiscal year 1999 Non-TANF Emergency Assistance funds APPROPRIATED 34,401
THAT FISCAL YEAR FOR THE PROGRAM.
(E) Each entity receiving funds under this section shall 34,404
report to the Set-Aside Committee COMMITTEE, in the form and 34,406
manner required by the Committee COMMITTEE, information regarding 34,409
the entity's use of the funds. The Committee COMMITTEE shall 34,410
compile the information received from these reports and provide 34,411
it to the Department DEPARTMENT and the General Assembly GENERAL 34,414
ASSEMBLY. The Committee COMMITTEE shall provide the Department 34,416
DEPARTMENT and the General Assembly GENERAL ASSEMBLY with the 34,418
information no later than THE THIRTIETH DAY OF September 30 of 34,419
each fiscal year. 34,420
Sec. 5101.93. (A) There is hereby established a welfare 34,430
oversight council consisting of eight voting members, four of 34,431
whom shall be members of the house of representatives, two 34,432
appointed by the speaker and two appointed by the minority leader 34,433
of the house of representatives, not more than two of whom shall 34,434
be members of the same political party, and four of whom shall be 34,435
members of the senate, two appointed by the president and two 34,436
appointed by the minority leader of the senate, not more than two 34,437
786
of whom shall be members of the same political party. The 34,438
director of administrative services, the administrator of the 34,439
bureau of employment services, and the director of human services 34,441
shall be ex officio nonvoting members and two representatives of 34,442
the general public appointed by the governor shall be nonvoting 34,443
members of the council. The council may, by a majority vote, add 34,445
other nonvoting members to the council. A vacancy on the council 34,447
shall be filled in the same manner as the original appointment. 34,448
(B) The speaker of the house of representatives shall 34,450
designate the initial chairperson of the welfare oversight 34,451
council and the president of the senate shall designate the 34,452
initial vice-chairperson of the council. Thereafter, the 34,453
authority to designate the chairperson and the vice-chairperson 34,454
shall alternate between the speaker of the house and the 34,455
president of the senate. The chairperson and vice-chairperson 34,456
and other members of the council shall serve one-year terms. 34,457
The council shall meet at least four times a year in 34,460
Columbus or other locations selected by the chairperson to 34,461
monitor and review the Ohio works first program established under 34,462
Chapter 5107. of the Revised Code, including sanctions imposed 34,463
under section 5107.16 of the Revised Code; the prevention, 34,464
retention, and contingency program established under Chapter 34,466
5108. of the Revised Code; and the department of human services, 34,467
county departments of human services, child support enforcement 34,468
agencies, and public children services agencies. The council may 34,469
visit the department, county departments, and agencies. 34,470
The chairperson of the council shall determine the agenda 34,473
for each meeting of the council, except that if at least four 34,474
legislative members of the council submit a written request to 34,475
the chairperson to consider an item, the chairperson shall place 34,476
the item on the agenda of the council's next regularly scheduled 34,477
meeting occurring more than ten days after the written request is 34,478
submitted to the chairperson.
(C) The members of the welfare oversight council shall 34,480
787
serve without compensation but shall be reimbursed for their 34,481
actual and necessary expenses incurred in the discharge of their 34,482
official duties. In the discharge of its duties the council may 34,484
issue subpoenas compelling the attendance of witnesses and the 34,485
production of any records of the department of human services or 34,486
local agencies. The council shall adopt rules to implement this 34,487
section.
(D) The welfare oversight council shall advise the general 34,489
assembly on the performance of the department of human services, 34,491
county departments of human services, child support enforcement 34,492
agencies, and public children services agencies. The council 34,493
shall submit recommendations to the general assembly for any 34,494
changes in law that the council considers necessary or 34,495
appropriate. Between lines 9,970a and 9,979, insert: 34,496
Sec. 5104.30. (A) The department of human services is 34,505
hereby designated as the state agency responsible for 34,506
administration and coordination of federal and state funding for 34,507
publicly funded child day-care in this state. Publicly funded 34,508
child day-care shall be provided to the following: 34,509
(1) Recipients of transitional child day-care as provided 34,511
under section 5104.34 of the Revised Code; 34,512
(2) Participants in the Ohio works first program 34,515
established under Chapter 5107. of the Revised Code;
(3) INDIVIDUALS WHO WOULD BE PARTICIPATING IN THE OHIO 34,517
WORKS FIRST PROGRAM IF NOT FOR A SANCTION UNDER SECTION 5107.16 34,518
OF THE REVISED CODE AND WHO CONTINUE TO PARTICIPATE IN A WORK 34,519
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 34,520
PURSUANT TO AN ASSIGNMENT UNDER SECTION 5107.42 OF THE REVISED 34,521
CODE;
(4) A family receiving publicly funded child day-care on 34,523
October 1, 1997, until the family's income reaches one hundred 34,525
fifty per cent of the federal poverty line;
(4)(5) Subject to available funds, other individuals 34,527
determined eligible in accordance with rules adopted under 34,529
788
section 5104.38 of the Revised Code.
The department shall apply to the United States department 34,532
of health and human services for authority to operate a 34,533
coordinated program for publicly funded child day-care, if the 34,534
director of human services determines that the application is 34,535
necessary. For purposes of this section, the department of human 34,536
services may enter into agreements with other state agencies that 34,537
are involved in regulation or funding of child day-care. The 34,538
department shall consider the special needs of migrant workers 34,539
when it administers and coordinates publicly funded child 34,540
day-care and shall develop appropriate procedures for 34,541
accommodating the needs of migrant workers for publicly funded 34,542
child day-care.
(B) The department of human services shall distribute 34,544
state and federal funds for publicly funded child day-care, 34,545
including appropriations of state funds for publicly funded child 34,546
day-care and appropriations of federal funds for publicly funded 34,547
child day-care under Title XX of the "Social Security Act," 88 34,549
Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, and the child 34,550
care block grant act. The department may use any state funds 34,551
appropriated for publicly funded child day-care as the state 34,552
share required to match any federal funds appropriated for 34,553
publicly funded child day-care.
(C) The department may use federal funds available under 34,555
the child care block grant act to hire staff to prepare any rules 34,556
required under this chapter and to administer and coordinate 34,557
federal and state funding for publicly funded child day-care. 34,558
Not more than five per cent of the aggregate amount of 34,561
those federal funds received for a fiscal year may be expended 34,562
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 34,563
(1) Activities designed to provide comprehensive consumer 34,565
education to parents and the public; 34,566
(2) Activities that increase parental choice; 34,568
789
(3) Activities, including child day-care resource and 34,570
referral services, designed to improve the quality, and increase 34,571
the supply, of child day-care.
(D) The department shall ensure that any federal funds 34,573
received by the state under the child care block grant act will 34,574
be used only to supplement, and will not be used to supplant, 34,575
federal, state, and local funds available on the effective date 34,576
of that act for publicly funded child day-care and related 34,577
programs. A county department of human services may purchase 34,578
child day-care from funds obtained through any other means. 34,579
(E) The department shall encourage the development of 34,581
suitable child day-care throughout the state, especially in areas 34,582
with high concentrations of recipients of public assistance and 34,583
families with low incomes. The department shall encourage the 34,585
development of suitable child day-care designed to accommodate 34,586
the special needs of migrant workers. On request, the 34,587
department, through its employees or contracts with state or
community child day-care resource and referral service 34,588
organizations, shall provide consultation to groups and 34,589
individuals interested in developing child day-care. The 34,590
department of human services may enter into interagency 34,591
agreements with the department of education, the board of 34,592
regents, the department of development, and other state agencies 34,593
and entities whenever the cooperative efforts of the other state 34,594
agencies and entities are necessary for the department of human 34,595
services to fulfill its duties and responsibilities under this 34,596
chapter. 34,597
The department may develop and maintain a registry of 34,599
persons providing child day-care and may adopt rules pursuant to 34,600
Chapter 119. of the Revised Code establishing procedures and 34,602
requirements for its administration.
(F) The department shall adopt rules in accordance with 34,604
Chapter 119. of the Revised Code establishing a procedure for 34,605
determining rates of reimbursement and a procedure for paying 34,606
790
providers of publicly funded child day-care. In establishing 34,607
rates of reimbursement pursuant to this division, the department 34,608
shall use the information obtained under division (B)(3) of 34,609
section 5104.04 of the Revised Code and may establish different 34,610
rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special 34,611
needs of the child, whether expanded hours of service are 34,612
provided, whether weekend service is provided, whether the 34,613
provider has exceeded the minimum requirements of state statutes 34,614
and rules governing child day-care, and any other factors the 34,615
department considers appropriate. The department shall establish 34,616
an enhanced rate of reimbursement for providers who provide child 34,617
day-care for caretaker parents who work nontraditional hours.
FOR A TYPE B FAMILY DAY-CARE HOME THAT HAS RECEIVED LIMITED 34,619
CERTIFICATION PURSUANT TO RULES ADOPTED UNDER DIVISION (G)(1) OF 34,620
SECTION 5104.011 OF THE REVISED CODE, THE DEPARTMENT SHALL ADOPT 34,622
RULES ESTABLISHING A REIMBURSEMENT RATE THAT IS THE GREATER OF
THE RATE THAT WAS IN EFFECT FOR THE HOME ON OCTOBER 1, 1997, OR 34,623
SEVENTY-FIVE PER CENT OF THE REIMBURSEMENT RATE THAT APPLIES TO A 34,626
TYPE B FAMILY DAY-CARE HOME CERTIFIED BY THE SAME COUNTY 34,627
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 5104.11 OF THE 34,628
REVISED CODE.
Sec. 5104.32. (A) Except as provided in division (C) of 34,638
this section, all purchases of publicly funded child day-care 34,639
shall be made under a contract entered into by a licensed child 34,640
day-care center, licensed type A family day-care home, certified 34,641
type B family day-care home, certified in-home aide, approved 34,642
child day camp, licensed preschool program, or licensed school 34,643
child program and the county department of human services. A 34,644
county department of human services may enter into a contract 34,645
with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an 34,646
unspecified period of time. All contracts for publicly funded 34,647
child day-care shall be contingent upon the availability of state 34,648
791
and federal funds. The department of human services shall 34,649
prescribe a standard form to be used for all contracts for the 34,650
purchase of publicly funded child day-care, regardless of the 34,651
source of public funds used to purchase the child day-care. To 34,652
the extent permitted by federal law and notwithstanding any other 34,653
provision of the Revised Code that regulates state or county 34,654
contracts or contracts involving the expenditure of state, 34,655
county, or federal funds, all contracts for publicly funded child 34,656
day-care shall be entered into in accordance with the provisions 34,657
of this chapter and are exempt from any other provision of the 34,658
Revised Code that regulates state or county contracts or 34,659
contracts involving the expenditure of state, county, or federal 34,660
funds. 34,661
(B) Each contract for publicly funded child day-care shall 34,663
specify at least the following: 34,664
(1) Except as provided in division (B)(2) of this section, 34,667
that the provider of publicly funded child day-care agrees to be 34,668
paid for rendering services at the lower of the rate customarily 34,669
charged by the provider for children enrolled for child day-care 34,670
or the rate of reimbursement established pursuant to section 34,671
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 34,673
day-care to caretaker parents who work nontraditional hours, that 34,674
the provider is to be paid for rendering services to those 34,675
caretaker parents at the rate of reimbursement established 34,676
pursuant to section 5104.30 of the Revised Code regardless of 34,678
whether that rate is higher than the rate the provider 34,679
customarily charges for children enrolled for child day-care; 34,680
(3) That, if a provider provides child day-care to an 34,682
individual potentially eligible for publicly funded child 34,683
day-care who is subsequently determined to be eligible, the 34,684
county department agrees to pay for all child day-care provided 34,685
between the date the county department receives the individual's 34,686
completed application and the date the individual's eligibility 34,687
792
is determined; 34,688
(4) Whether the county department of human services, the 34,690
provider, or a child day-care resource and referral service 34,691
organization will make eligibility determinations, whether the 34,692
provider or a child day-care resource and referral service 34,693
organization will be required to collect information to be used 34,694
by the county department to make eligibility determinations, and 34,695
the time period within which the provider or child day-care 34,696
resource and referral service organization is required to 34,697
complete required eligibility determinations or to transmit to 34,698
the county department any information collected for the purpose 34,699
of making eligibility determinations; 34,700
(5) That the provider shall continue to be licensed, 34,702
approved, or certified pursuant to this chapter or sections 34,703
3301.52 to 3301.59 of the Revised Code and shall comply with all 34,704
standards and other requirements in this chapter and those 34,705
sections and in rules adopted pursuant to this chapter or those 34,706
sections for maintaining the provider's license, approval, or 34,707
certification; 34,708
(6) Whether the provider will be paid by the county 34,710
department of human services or the state department of human 34,711
services; 34,712
(7) That the contract is subject to the availability of 34,714
state and federal funds; 34,715
(8) THAT, FOR EACH SIX-MONTH PERIOD THE PROVIDER PROVIDES 34,717
PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD, THE PROVIDER WILL BE 34,718
PAID FOR UP TO TEN DAYS, OR, AT THE OPTION OF THE COUNTY 34,719
DEPARTMENT, A GREATER NUMBER OF DAYS, THE PROVIDER WOULD HAVE 34,720
PROVIDED THE CHILD PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD 34,721
BEEN PRESENT.
(C) Unless specifically prohibited by federal law, the 34,723
county department of human services shall give individuals 34,724
eligible for publicly funded child day-care the option of 34,725
obtaining certificates for payment that the individual may use to 34,726
793
purchase services from any provider qualified to provide publicly 34,727
funded child day-care under section 5104.31 of the Revised Code. 34,728
Providers of publicly funded child day-care may present these 34,729
certificates for payment for reimbursement in accordance with 34,730
rules that the department of human services shall adopt. Only 34,731
providers may receive reimbursement for certificates for payment. 34,732
The value of the certificate for payment shall be based on the 34,733
lower of the rate customarily charged by the provider or the rate 34,735
of reimbursement established pursuant to section 5104.30 of the 34,736
Revised Code, unless the provider provides publicly funded child 34,737
day-care to caretaker parents who work nontraditional hours, in 34,738
which case the value of the certificate for payment for the 34,739
services to those caretaker parents shall be based on the rate of 34,740
reimbursement established pursuant to that section regardless of 34,741
whether that rate is higher than the rate customarily charged by 34,742
the provider. The county department may provide the certificates 34,744
for payment to the individuals or may contract with child 34,745
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 34,746
publicly funded child day-care pursuant to contracts entered into 34,747
under section 5104.34 of the Revised Code for the providers or 34,748
resource and referral service organizations to provide the 34,749
certificates for payment to individuals whom they determine are 34,750
eligible for publicly funded child day-care. 34,751
FOR EACH SIX-MONTH PERIOD A PROVIDER OF PUBLICLY FUNDED 34,753
CHILD DAY-CARE PROVIDES PUBLICLY FUNDED CHILD DAY-CARE TO THE 34,754
CHILD OF AN INDIVIDUAL GIVEN CERTIFICATES OF PAYMENT, THE 34,755
INDIVIDUAL SHALL PROVIDE THE PROVIDER CERTIFICATES FOR DAYS THE 34,756
PROVIDER WOULD HAVE PROVIDED PUBLICLY FUNDED CHILD DAY-CARE TO 34,757
THE CHILD HAD THE CHILD BEEN PRESENT. COUNTY DEPARTMENTS SHALL 34,758
SPECIFY THE MAXIMUM NUMBER OF DAYS PROVIDERS WILL BE PROVIDED 34,759
CERTIFICATES OF PAYMENT FOR DAYS THE PROVIDER WOULD HAVE PROVIDED 34,760
PUBLICLY FUNDED CHILD DAY-CARE HAD THE CHILD BEEN PRESENT. THE
MAXIMUM NUMBER OF DAYS SHALL BE AT LEAST TEN. 34,761
794
Sec. 5104.34. (A)(1) Each county department of human 34,770
services shall implement procedures for making determinations of 34,771
eligibility for publicly funded child day-care. Under those 34,772
procedures, the eligibility determination for each applicant 34,773
shall be made no later than thirty calendar days from the date 34,774
the county department receives a completed application for 34,775
publicly funded child day-care. Each applicant shall be notified 34,776
promptly of the results of the eligibility determination. An 34,777
applicant aggrieved by a decision or delay in making an 34,778
eligibility determination may appeal the decision or delay to the 34,779
department of human services in accordance with section 5101.35 34,780
of the Revised Code. The due process rights of applicants shall 34,781
be protected. 34,782
To the extent permitted by federal law, the county 34,784
department may make all determinations of eligibility for 34,785
publicly funded child day-care, may contract with child day-care 34,786
providers or child day-care resource and referral service 34,787
organizations for the providers or resource and referral service 34,788
organizations to make all or any part of the determinations, and 34,789
may contract with child day-care providers or child day-care 34,790
resource and referral service organizations for the providers or 34,791
resource and referral service organizations to collect specified 34,792
information for use by the county department in making 34,793
determinations. If a county department contracts with a child 34,794
day-care provider or a child day-care resource and referral 34,795
service organization for eligibility determinations or for the 34,796
collection of information, the contract shall require the 34,797
provider or resource and referral service organization to make 34,798
each eligibility determination no later than thirty calendar days 34,799
from the date the provider or resource and referral organization 34,800
receives a completed application that is the basis of the 34,801
determination and to collect and transmit all necessary 34,802
information to the county department within a period of time that 34,803
enables the county department to make each eligibility 34,804
795
determination no later than thirty days after the filing of the 34,805
application that is the basis of the determination. 34,806
The county department may station employees of the 34,808
department in various locations throughout the county and may 34,809
assign employees of the department to hours of employment outside 34,810
the normal working hours of the department to collect information 34,811
relevant to applications for publicly funded child day-care and 34,812
to make eligibility determinations. The county department, child 34,813
day-care provider, and child day-care resource and referral 34,814
service organization shall make each determination of eligibility 34,815
for publicly funded child day-care no later than thirty days 34,816
after the filing of the application that is the basis of the 34,817
determination, shall make each determination in accordance with 34,818
any relevant rules adopted pursuant to section 5104.38 of the 34,819
Revised Code, and shall notify promptly each applicant for 34,820
publicly funded child day-care of the results of the 34,821
determination of the applicant's eligibility. 34,822
On or before October 1, 1991, the department of human 34,824
services shall adopt rules in accordance with Chapter 119. of the 34,825
Revised Code for monitoring the eligibility determination 34,826
process. In accordance with those rules, the state department 34,827
shall monitor eligibility determinations made by county 34,828
departments of human services and shall direct any entity that is 34,829
not in compliance with this division or any rule adopted under 34,830
this division to implement corrective action specified by the 34,831
department. 34,832
(2) All eligibility determinations for publicly funded 34,835
child day-care shall be made in accordance with rules adopted by 34,836
the department of human services pursuant to division (A) of 34,837
section 5104.38 of the Revised Code and, if a county department 34,839
of human services specifies, pursuant to rules adopted under 34,840
division (B) of that section, a maximum amount of income a family 34,842
may have to be eligible for publicly funded child day-care, the 34,843
income maximum specified by the county department. Publicly 34,844
796
funded child day-care may be provided only to eligible infants, 34,845
toddlers, preschool children, and school children under age 34,846
thirteen. For an applicant to be eligible for publicly funded 34,847
child day-care, the caretaker parent must be employed or 34,848
participating in a program of education or training for an amount 34,849
of time reasonably related to the time that the parent's children 34,850
are receiving publicly funded child day-care. This restriction 34,851
does not apply to families whose children are eligible for
protective or special needs day-care. 34,852
Subject to available funds, a county department of human 34,854
services shall allow a family to receive publicly funded child 34,856
day-care unless the family's income exceeds the maximum income 34,859
eligibility limit. Initial and continued eligibility for 34,860
publicly funded child day-care is subject to available funds 34,861
unless the family is receiving transitional child day-care as 34,863
provided under this section, participating in the Ohio works 34,864
first program established under Chapter 5107. of the Revised 34,865
Code, or was receiving publicly funded child day-care on October 34,867
1, 1997, and has a family income below one hundred fifty per cent 34,868
of the federal poverty line PURSUANT TO DIVISION (A)(1), (2), 34,869
(3), OR (4) OF SECTION 5104.30 OF THE REVISED CODE. If the 34,870
department must limit eligibility due to lack of available funds, 34,872
it shall give first priority for publicly funded child day-care 34,873
to an assistance group whose income is not more than the maximum 34,874
income eligibility limit that received transitional child 34,876
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 34,877
shall continue to receive priority for publicly funded child 34,878
day-care until its income exceeds the maximum income eligibility 34,880
limit.
(3) An assistance group that ceases to participate in the 34,882
Ohio works first program established under Chapter 5107. of the 34,884
Revised Code is eligible for transitional child day-care at any 34,886
time during the immediately following twelve-month period that 34,887
797
both of the following apply:
(a) The assistance group requires child day-care due to 34,889
employment; 34,890
(b) The assistance group's income is not more than one 34,892
hundred fifty per cent of the federal poverty line. 34,893
An assistance group ineligible to participate in the Ohio 34,895
works first program pursuant to section 5101.83 or section 34,896
5107.16 of the Revised Code is not eligible for transitional 34,899
child day-care. 34,900
(B) To the extent permitted by federal law, a county 34,902
department of human services may require a caretaker parent 34,903
determined to be eligible for publicly funded child day-care to 34,904
pay a fee according to the schedule of fees established in rules 34,905
adopted under section 5104.38 of the Revised Code. Each county 34,906
department shall make protective day-care services available to 34,907
children without regard to the income or assets of the caretaker 34,908
parent of the child. 34,909
(C) A caretaker parent receiving publicly funded child 34,911
day-care shall report to the entity that determined eligibility 34,913
any changes in status with respect to employment or participation 34,914
in a program of education or training.
(D) If a county department of human services determines 34,916
that available resources are not sufficient to provide publicly 34,917
funded child day-care to all eligible families who request it, 34,918
the county department may establish a waiting list. A county 34,919
department may establish separate waiting lists within the 34,920
waiting list based on income. When resources become available to 34,922
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 34,923
assess the needs of the next family scheduled to receive publicly 34,925
funded child day-care. If the assessment demonstrates that the 34,926
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 34,927
family. If the county department determines that the family is 34,928
798
no longer eligible or no longer needs publicly funded child 34,929
day-care, the county department shall remove the family from the 34,930
waiting list.
(E) As used in this section, "maximum income eligibility 34,933
limit" means the amount of income specified in rules adopted 34,934
under division (A) of section 5104.38 of the Revised Code or, if 34,937
a county department of human services specifies a higher amount 34,938
pursuant to rules adopted under division (B) of that section, the 34,940
amount the county department specifies.
Sec. 5104.341. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 34,943
THIS SECTION, BOTH OF THE FOLLOWING APPLY: 34,944
(1) AN ELIGIBILITY DETERMINATION MADE UNDER SECTION 34,946
5104.34 OF THE REVISED CODE FOR PUBLICLY FUNDED CHILD DAY-CARE IS 34,947
VALID FOR ONE YEAR; 34,948
(2) A FEE CHARGED UNDER DIVISION (B) OF SECTION 5104.34 OF 34,950
THE REVISED CODE SHALL NOT BE CHANGED DURING THE ONE-YEAR PERIOD, 34,952
UNLESS A CARETAKER PARENT REQUESTS THAT THE FEE BE REDUCED DUE TO 34,953
CHANGES IN INCOME, FAMILY SIZE, OR BOTH AND THE COUNTY DEPARTMENT 34,954
OF HUMAN SERVICES APPROVES THE REDUCTION.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY IN EITHER 34,957
OF THE FOLLOWING CIRCUMSTANCES: 34,958
(1) THE PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED UNDER 34,960
DIVISION (B)(4) OF SECTION 5104.35 OF THE REVISED CODE; 34,961
(2) THE RECIPIENT OF THE PUBLICLY FUNDED CHILD DAY-CARE 34,963
CEASES TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE. 34,964
Sec. 5104.38. In addition to any other rules adopted under 34,973
this chapter, the department of human services shall adopt rules 34,974
in accordance with Chapter 119. of the Revised Code governing 34,976
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 34,977
(A) Procedures and criteria to be used in making 34,979
determinations of eligibility for publicly funded child day-care 34,980
that give priority to children of families with lower incomes and 34,982
procedures and criteria for eligibility for publicly funded 34,983
799
protective day-care. The rules shall specify the maximum amount 34,984
of income a family may have for initial and continued 34,985
eligibility. The UNTIL JULY 1, 2000, THE maximum amount shall 34,987
not exceed one hundred eighty-five per cent of the federal 34,988
poverty line. EFFECTIVE JULY 1, 2000, THE MAXIMUM AMOUNT SHALL 34,989
NOT EXCEED TWO HUNDRED PER CENT OF THE FEDERAL POVERTY LINE.
(B) Procedures under which a county department of human 34,991
services may, if the department, under division (A) of this 34,993
section, specifies a maximum amount of income a family may have 34,994
for eligibility for publicly funded child day-care that is less 34,995
than one hundred eighty-five per cent of the federal poverty line 34,996
THE MAXIMUM AMOUNT SPECIFIED IN THAT DIVISION, specify a maximum 34,997
amount of income a family residing in the county the county 34,998
department serves may have for initial and continued eligibility 34,999
for publicly funded child day-care that is higher than the amount 35,000
specified by the department but does not exceed one hundred 35,001
eighty-five per cent of the federal poverty line THE MAXIMUM
AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION; 35,002
(C) A schedule of fees requiring all eligible caretaker 35,005
parents to pay a fee for publicly funded child day-care according 35,006
to income and family size, which shall be uniform for all types 35,007
of publicly funded child day-care, except as authorized by rule, 35,008
and, to the extent permitted by federal law, shall permit the use 35,010
of state and federal funds to pay the customary deposits and 35,011
other advance payments that a provider charges all children who 35,012
receive child day-care from that provider;. THE SCHEDULE OF FEES 35,013
MAY NOT PROVIDE FOR A CARETAKER PARENT TO PAY A FEE THAT EXCEEDS 35,014
TEN PER CENT OF THE PARENT'S FAMILY INCOME. 35,015
(D) A formula based upon a percentage of the county's 35,017
total expenditures for publicly funded child day-care for 35,018
determining the maximum amount of state and federal funds 35,019
appropriated for publicly funded child day-care that a county 35,020
department may use for administrative purposes; 35,021
(E) Procedures to be followed by the department and county 35,023
800
departments in recruiting individuals and groups to become 35,024
providers of child day-care; 35,025
(F) Procedures to be followed in establishing state or 35,027
local programs designed to assist individuals who are eligible 35,028
for publicly funded child day-care in identifying the resources 35,029
available to them and to refer the individuals to appropriate 35,030
sources to obtain child day-care; 35,031
(G) Procedures to deal with fraud and abuse committed by 35,033
either recipients or providers of publicly funded child day-care; 35,034
(H) Procedures for establishing a child day-care grant or 35,036
loan program in accordance with the child care block grant act; 35,037
(I) Standards and procedures for applicants to apply for 35,039
grants and loans, and for the department to make grants and 35,040
loans; 35,041
(J) A definition of "person who stands in loco parentis" 35,043
for the purposes of division (HH)(1) of section 5104.01 of the 35,045
Revised Code;
(K) PROCEDURES FOR A COUNTY DEPARTMENT OF HUMAN SERVICES 35,048
TO FOLLOW IN MAKING ELIGIBILITY DETERMINATIONS AND 35,049
REDETERMINATIONS FOR PUBLICLY FUNDED CHILD DAY-CARE AVAILABLE 35,050
THROUGH TELEPHONE, COMPUTER, AND OTHER MEANS AT LOCATIONS OTHER 35,051
THAN THE COUNTY DEPARTMENT;
(L) Any other rules necessary to carry out sections 35,053
5104.30 to 5104.39 of the Revised Code. 35,054
Sec. 5107.02. As used in this chapter: 35,064
(A) "Adult" means an individual who is not a minor child. 35,066
(B) "Assistance group" means a group of individuals 35,068
treated as a unit for purposes of determining eligibility for and 35,069
the amount of assistance provided under Ohio works first. 35,070
(C) "CUSTODIAN" MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTODY, 35,072
AS DEFINED IN SECTION 2151.011 OF THE REVISED CODE, OF A MINOR 35,073
CHILD OR COMPARABLE STATUS OVER A MINOR CHILD CREATED BY A COURT 35,075
OF COMPETENT JURISDICTION IN ANOTHER STATE. 35,076
(D) "GUARDIAN" MEANS AN INDIVIDUAL THAT IS GRANTED 35,078
801
AUTHORITY BY A PROBATE COURT PURSUANT TO CHAPTER 2111. OF THE 35,079
REVISED CODE, OR A COURT OF COMPETENT JURISDICTION IN ANOTHER 35,080
STATE, TO EXERCISE PARENTAL RIGHTS OVER A MINOR CHILD TO THE 35,081
EXTENT PROVIDED IN THE COURT'S ORDER AND SUBJECT TO RESIDUAL 35,082
PARENTAL RIGHTS OF THE MINOR CHILD'S PARENTS.
(E) "Minor child" means either of the following: 35,084
(1) An individual who has not attained age eighteen; 35,086
(2) An individual who has not attained age nineteen and is 35,089
a full-time student in a secondary school or in the equivalent 35,090
level of vocational or technical training.
(D)(F) "Minor head of household" means a minor child who 35,092
is a parent of a child included in the same assistance group that 35,093
does not include an adult. 35,094
(E)(G) "Ohio works first" means the program established by 35,096
this chapter known as temporary assistance for needy families in 35,097
Title IV-A. 35,098
(F)(H) "Payment standard" means the amount specified in 35,100
rules adopted under section 5107.05 of the Revised Code that is 35,102
the maximum amount of cash assistance an assistance group may 35,104
receive under Ohio works first from state and federal funds. 35,105
(G)(I) "Specified relative" means the following 35,107
individuals who are age eighteen or older: 35,108
(1) The following individuals related by blood or 35,110
adoption: 35,111
(a) Grandparents, including grandparents with the prefix 35,114
"great," "great-great," or "great-great-great;";
(b) Siblings; 35,116
(c) Aunts, uncles, nephews, and nieces, including such 35,119
relatives with the prefix "great," "great-great.," "grand," or 35,121
"great-grand;";
(d) First cousins and first cousins once removed. 35,124
(2) Stepparents and stepsiblings; 35,126
(3) Spouses and former spouses of individuals named in 35,129
division (G)(I)(1) or (2) of this section. 35,130
802
(H)(J) "Title IV-A" or "Title IV-D" mean MEANS Title IV-A 35,133
or Title IV-D of the "Social Security Act," 49 Stat. 620 (1935), 35,135
42 U.S.C. 301, as amended. 35,136
Sec. 5107.05. The department of human services shall adopt 35,146
rules to implement this chapter. The rules shall be consistent 35,147
with Title IV-A, Title IV-D, federal regulations, state law, the 35,148
Title IV-A state plan submitted to the United States secretary of 35,150
health and human services under section 5101.80 of the Revised 35,152
Code, amendments to the plan, and waivers granted by the United 35,154
States secretary. Rules governing eligibility, program 35,155
participation, and other applicant and participant requirements 35,156
shall be adopted in accordance with Chapter 119. of the Revised 35,158
Code. Rules governing financial and other administrative 35,159
requirements applicable to the department and county departments 35,160
of human services shall be adopted in accordance with section 35,161
111.15 of the Revised Code. 35,162
(A) The rules shall specify, establish, or govern all of 35,164
the following: 35,165
(1) A payment standard for Ohio works first based on 35,167
federal and state appropriations; 35,168
(2) The method of determining the amount of cash 35,170
assistance an assistance group receives under Ohio works first; 35,171
(3) Requirements for initial and continued eligibility for 35,174
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 35,175
The rules regarding income shall specify what is countable 35,176
income, gross earned income, and gross unearned income for the 35,177
purpose of section 5107.10 of the Revised Code. 35,178
(4) For the purpose of section 5107.12 of the Revised 35,181
Code, application and verification procedures, including the 35,182
minimum information an application must contain;. IF THERE ARE 35,183
AT LEAST TWO TELEPHONE NUMBERS AVAILABLE THAT A COUNTY DEPARTMENT 35,184
OF HUMAN SERVICES CAN CALL TO CONTACT MEMBERS OF AN ASSISTANCE 35,185
GROUP, WHICH MAY INCLUDE THE TELEPHONE NUMBER OF AN INDIVIDUAL 35,186
803
WHO CAN CONTACT AN ASSISTANCE GROUP MEMBER FOR THE COUNTY 35,187
DEPARTMENT, THE MINIMUM INFORMATION SHALL INCLUDE AT LEAST THOSE 35,189
TWO TELEPHONE NUMBERS.
(5) The extent to which a participant of Ohio works first 35,191
must notify, pursuant to section 5107.12 of the Revised Code, a 35,193
county department of human services of additional income not 35,194
previously reported to the county department; 35,195
(6) Requirements for the collection and distribution of 35,197
support payments owed participants of Ohio works first pursuant 35,198
to section 5107.20 of the Revised Code; 35,200
(7) For the purpose of section 5107.22 of the Revised 35,203
Code, what constitutes cooperating in establishing a minor 35,204
child's paternity or establishing, modifying, or enforcing a 35,205
child support order and good cause for failure or refusal to 35,206
cooperate. The rule shall be consistent with 42 U.S.C.A. 35,207
654(29). 35,208
(8) The administration of the LEAP program provided for 35,210
under section 5107.30 of the Revised Code; 35,211
(9) Circumstances under which a county department of human 35,213
services may exempt a minor head of household or adult from 35,214
participating in a work activity or developmental activity for 35,215
all or some of the weekly hours otherwise required by section 35,216
5107.43 of the Revised Code. Circumstances shall include that a 35,217
school or place of work is closed due to a holiday or weather or 35,219
other emergency and that an employer grants the minor head of 35,220
household or adult leave for illness or earned vacation.
(10) The maximum amount of time the department will 35,222
subsidize positions created by state agencies and political 35,223
subdivisions under division (C) of section 5107.52 of the Revised 35,225
Code.
(B) The rules may provide that a county department of 35,228
human services is not required to take action under section 35,229
5107.76 of the Revised Code to recover an erroneous payment that 35,231
is below an amount the department specifies.
804
Sec. 5107.10. (A) As used in this section: 35,240
(1) "Countable income," "gross earned income," and "gross 35,242
unearned income" have the meanings established in rules adopted 35,243
under section 5107.05 of the Revised Code. 35,244
(2) "Gross income" means gross earned income and gross 35,246
unearned income. 35,247
(3) "Strike" means continuous concerted action in failing 35,249
to report to duty; willful absence from one's position; or 35,250
stoppage of work in whole from the full, faithful, and proper 35,251
performance of the duties of employment, for the purpose of 35,252
inducing, influencing, or coercing a change in wages, hours, 35,253
terms, and other conditions of employment. "Strike" does not 35,254
include a stoppage of work by employees in good faith because of 35,255
dangerous or unhealthful working conditions at the place of 35,256
employment that are abnormal to the place of employment. 35,257
(B) Under the Ohio works first program, an assistance 35,259
group shall receive, except as otherwise provided by this 35,261
chapter, time-limited cash assistance. In the case of an 35,262
assistance group that includes a minor head of household or 35,263
adult, assistance shall be provided in accordance with the 35,264
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 35,267
assistance group must meet all of the following requirements: 35,268
(1) The assistance group, except as provided in division 35,270
(E) of this section, must include at least one of the following: 35,272
(a) A minor child who, except as provided in section 35,274
5107.24 of the Revised Code, resides with a custodial parent, 35,276
legal guardian, or specified relative caring for the child, OR, 35,277
TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL REGULATIONS 35,279
ADOPTED UNDER TITLE IV-A, RESIDES WITH A GUARDIAN OR CUSTODIAN 35,281
CARING FOR THE CHILD;
(b) A specified relative of a PARENT RESIDING WITH AND 35,283
CARING FOR THE PARENT'S minor child receiving WHO RECEIVES 35,284
805
supplemental security income under Title XIV XVI of the "Social 35,285
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 35,287
amended, or federal, state, or local foster care or adoption
assistance who resides with and cares for the minor child; 35,288
(c) A SPECIFIED RELATIVE RESIDING WITH AND CARING FOR A 35,290
MINOR CHILD WHO IS RELATED TO THE SPECIFIED RELATIVE IN A MANNER 35,291
THAT MAKES THE SPECIFIED RELATIVE A SPECIFIED RELATIVE AND 35,292
RECEIVES SUPPLEMENTAL SECURITY INCOME OR FEDERAL, STATE, OR LOCAL 35,293
FOSTER CARE OR ADOPTION ASSISTANCE;
(d) A woman at least six months pregnant. 35,294
(2) The assistance group must meet the income requirements 35,296
established by division (D) of this section. 35,297
(3) No member of the assistance group may be involved in a 35,299
strike.
(4) The assistance group must satisfy the requirements for 35,302
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 35,304
(5) The assistance group must meet requirements for Ohio 35,306
works first established by rules adopted under section 5107.05 of 35,308
the Revised Code. 35,309
(D)(1) Except as provided in division (D)(3) of this 35,311
section, to determine whether an assistance group is initially 35,312
eligible to participate in Ohio works first, a county department 35,314
of human services shall do the following:
(a) Determine whether the assistance group's gross income 35,317
exceeds the following amount:
Size of Assistance Group Gross Income 35,320
1 $423 35,322
2 $537 35,323
3 $630 35,324
4 $750 35,325
5 $858 35,326
6 $942 35,327
7 $1,038 35,328
806
8 $1,139 35,329
9 $1,241 35,330
10 $1,343 35,331
11 $1,440 35,332
12 $1,542 35,333
13 $1,643 35,334
14 $1,742 35,335
15 $1,844 35,336
For each person in the assistance group that brings the 35,339
assistance group to more than fifteen persons, add one hundred 35,340
two dollars to the amount of gross income for an assistance group 35,342
of fifteen specified in division (D)(1)(a) of this section. 35,343
In making this determination, the county department shall 35,345
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 35,347
disregarded. The assistance group is ineligible to participate 35,348
in Ohio works first if the assistance group's gross income, less 35,349
the amounts disregarded, exceeds the amount specified in division 35,350
(D)(1)(a) of this section. 35,351
(b) If the assistance group's gross income, less the 35,354
amounts disregarded pursuant to division (D)(1)(a) of this 35,356
section, does not exceed the amount specified in that division,
determine whether the assistance group's countable income is less 35,358
than the payment standard. The assistance group is ineligible to 35,359
participate in Ohio works first if the assistance group's 35,360
countable income equals or exceeds the payment standard. 35,362
(2) To determine whether an assistance group participating 35,365
in Ohio works first continues to be eligible to participate, a 35,366
county department of human services shall determine whether the 35,367
assistance group's countable income continues to be less than the 35,368
payment standard. In making this determination, the county 35,369
department shall disregard the first two hundred fifty dollars 35,370
and fifty per cent of the remainder of the assistance group's 35,371
gross earned income for the first eighteen months after the first 35,372
807
month the assistance group receives gross earned income while 35,373
participating in Ohio works first. No amounts shall be 35,374
disregarded from the assistance group's gross unearned income. 35,375
The assistance group ceases to be eligible to participate in Ohio 35,376
works first if its countable income, less the amounts 35,377
disregarded, equals or exceeds the payment standard. 35,378
(3) If an assistance group reapplies to participate in 35,380
Ohio works first not more than four months after ceasing to 35,381
participate, a county department of human services shall use the 35,383
income requirement established by division (D)(2) of this section 35,384
to determine eligibility for resumed participation rather than 35,385
the income requirement established by division (D)(1) of this 35,387
section.
(E)(1) An assistance group may continue to participate in 35,389
Ohio works first even though a public children services agency 35,390
removes the assistance group's minor children from the assistance 35,392
group's home due to abuse, neglect, or dependency if the agency 35,393
does both of the following:
(a) Notifies the county department of human services at 35,396
the time the agency removes the children that it believes the 35,397
children will be able to return to the assistance group within 35,398
three SIX months;
(b) Informs the county department at the end of both EACH 35,401
of the first two FIVE months after the agency removes the 35,402
children that the parent, legal guardian, CUSTODIAN, or specified 35,404
relative of the children is cooperating with the case plans 35,406
prepared for the children under section 2151.412 of the Revised 35,407
Code and that the agency is making reasonable efforts to return 35,409
the children to the assistance group.
(2) An assistance group may continue to participate in 35,411
Ohio works first pursuant to division (E)(1) of this section for 35,413
not more than three SIX payment months. This division does not 35,414
affect the eligibility of an assistance group that includes a 35,416
woman at least six months pregnant. 35,417
808
Sec. 5107.11. (A) A SPECIFIED RELATIVE OF A MINOR CHILD 35,419
RESIDING WITH THE MINOR CHILD IS NOT REQUIRED TO BE INCLUDED IN 35,421
THE MINOR CHILD'S ASSISTANCE GROUP. TO THE EXTENT PERMITTED BY 35,422
RULES ADOPTED UNDER SECTION 5107.05 OF THE REVISED CODE GOVERNING 35,423
ASSISTANCE GROUP COMPOSITION REQUIREMENTS AND EXCEPT AS PROVIDED 35,424
IN DIVISION (B) OF THIS SECTION, THE SPECIFIED RELATIVE MAY 35,425
CHOOSE TO BE INCLUDED IN THE MINOR CHILD'S ASSISTANCE GROUP. 35,427
(B) IF A SPECIFIED RELATIVE RESIDES WITH THE SPECIFIED 35,429
RELATIVE'S OWN MINOR CHILD AND ANOTHER MINOR CHILD WHO IS RELATED 35,430
TO THE SPECIFIED RELATIVE IN A MANNER THAT MAKES THE SPECIFIED 35,431
RELATIVE A SPECIFIED RELATIVE, THE SPECIFIED RELATIVE SHALL BE, 35,432
TO THE EXTENT PROVIDED BY RULES ADOPTED UNDER SECTION 5107.05 OF 35,433
THE REVISED CODE GOVERNING ASSISTANCE GROUP COMPOSITION 35,434
REQUIREMENTS, A MEMBER OF THE ASSISTANCE GROUP OF THE SPECIFIED 35,436
RELATIVE'S OWN MINOR CHILD BUT MAY NOT BE A MEMBER OF THE OTHER
MINOR CHILD'S ASSISTANCE GROUP. 35,437
(C) A GUARDIAN OR CUSTODIAN MAY NOT BE A MEMBER OF THE 35,439
ASSISTANCE GROUP OF THE MINOR CHILD FOR WHOM THE GUARDIAN OR 35,440
CUSTODIAN IS GUARDIAN OR CUSTODIAN, UNLESS THE GUARDIAN OR 35,441
CUSTODIAN IS A SPECIFIED RELATIVE OF THE MINOR CHILD. 35,442
Sec. 5107.16. (A) If a member of an assistance group 35,452
fails or refuses, without good cause, to comply in full with a 35,453
provision of a self-sufficiency contract entered into under 35,454
section 5107.14 of the Revised Code, a county department OF HUMAN 35,455
SERVICES shall sanction the assistance group as follows: 35,456
(1) For a first failure or refusal, the county department 35,458
shall deny or terminate the assistance group's eligibility to 35,459
participate in Ohio works first for one payment month or until 35,460
the failure or refusal ceases, whichever is longer; 35,461
(2) For a second failure or refusal, the county department 35,464
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until 35,466
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 35,468
809
county department shall deny or terminate the assistance group's 35,469
eligibility to participate in Ohio works first for six payment 35,470
months or until the failure or refusal ceases, whichever is 35,471
longer. 35,472
(B) Each county department of human services shall 35,475
establish standards for the determination of good cause for 35,476
failure or refusal to comply in full with a provision of a 35,477
self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 35,479
a work activity, developmental activity, or alternative work 35,480
activity under sections 5107.40 to 5107.69 of the Revised Code, 35,482
good cause shall include, except as provided in division (B)(2) 35,484
of this section, the following: 35,485
(a) Failure of the county department to place the member 35,488
in an activity;
(b) Failure of the county department to provide for the 35,491
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 35,493
to be necessary. In determining whether good cause exists, a 35,494
county department shall determine that day care is a necessary 35,495
support service if a single custodial parent caring for a minor 35,496
child under age six proves a demonstrated inability, as 35,497
determined by the county department, to obtain needed child care 35,498
for one or more of the following reasons: 35,499
(i) Unavailability of appropriate child care within a 35,502
reasonable distance from the parent's home or work site; 35,503
(ii) Unavailability or unsuitability of informal child 35,506
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 35,509
child care arrangements.
(2) Good cause does not exist if the member of the 35,511
assistance group is placed in a work activity established under 35,513
section 5107.58 of the Revised Code and exhausts the support 35,514
services available for that activity. 35,515
810
(C) When a state hearing under division (B) of section 35,518
5101.35 of the Revised Code or an administrative appeal under 35,521
division (C) of that section is held regarding a sanction under 35,522
this section, the hearing officer, director of human services, or 35,523
director's designee shall base the decision in the hearing or 35,524
appeal on the county department's standards of good cause for 35,525
failure or refusal to comply in full with a provision of a 35,526
self-sufficiency contract, if the county department provides the 35,527
hearing officer, director, or director's designee a copy of the 35,528
county department's good cause standards. 35,529
(D) After sanctioning an assistance group under division 35,532
(A) of this section, a county department of human services shall 35,534
CONTINUE TO WORK WITH THE ASSISTANCE GROUP TO provide the member 35,535
of the assistance group who caused the sanction an opportunity to 35,536
demonstrate to the county department a willingness to cease the 35,537
failure or refusal to comply with the self-sufficiency contract. 35,538
(E)(1) A minor child eligible for medical assistance 35,541
pursuant to division (A)(1)(b) of section 5111.01 of the Revised 35,544
Code who would be eligible to participate in Ohio works first if 35,546
not for a sanction under this section does not lose eligibility 35,547
for medical assistance.
(2) An adult eligible for medical assistance pursuant to 35,549
division (A)(1)(b) of section 5111.01 of the Revised Code who 35,552
would be eligible to participate in Ohio works first if not for a 35,553
sanction under division (A)(1) or (2) of this section does not 35,555
lose eligibility for medical assistance. An adult eligible for 35,556
medical assistance pursuant to division (A)(1)(b) of section 35,558
5111.01 of the Revised Code who is sanctioned under division 35,561
(A)(3) of this section loses eligibility for medical assistance 35,562
unless the adult is otherwise eligible for medical assistance 35,563
pursuant to another division of section 5111.01 of the Revised 35,565
Code. 35,566
(3) An adult eligible for medical assistance pursuant to 35,568
division (A)(1)(a) of section 5111.01 of the Revised Code who is 35,573
811
sanctioned under division (A)(3) of this section for a failure or 35,575
refusal, without good cause, to comply in full with a provision 35,576
of a self-sufficiency contract related to work responsibilities 35,577
under sections 5107.40 to 5107.69 of the Revised Code loses 35,578
eligibility for medical assistance unless the adult is otherwise 35,579
eligible for medical assistance pursuant to another division of 35,580
section 5111.01 of the Revised Code. 35,582
(F) AN ASSISTANCE GROUP THAT WOULD BE PARTICIPATING IN 35,585
OHIO WORKS FIRST IF NOT FOR A SANCTION UNDER THIS SECTION SHALL
CONTINUE TO BE ELIGIBLE FOR ALL OF THE FOLLOWING: 35,586
(1) PUBLICLY FUNDED CHILD DAY-CARE IN ACCORDANCE WITH 35,588
DIVISION (A)(3) OF SECTION 5104.30 OF THE REVISED CODE; 35,589
(2) SUPPORT SERVICES IN ACCORDANCE WITH SECTION 5107.66 OF 35,591
THE REVISED CODE; 35,592
(3) TO THE EXTENT PERMITTED BY THE "FAIR LABOR STANDARDS 35,595
ACT OF 1938," 52 STAT. 1060, 29 U.S.C.A. 201, AS AMENDED, TO 35,596
PARTICIPATE IN WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 35,597
ALTERNATIVE WORK ACTIVITIES IN ACCORDANCE WITH SECTIONS 5107.40
TO 5107.69 OF THE REVISED CODE. 35,598
Sec. 5107.161. BEFORE A COUNTY DEPARTMENT OF HUMAN 35,600
SERVICES SANCTIONS AN ASSISTANCE GROUP UNDER SECTION 5107.16 OF 35,601
THE REVISED CODE, THE COUNTY DEPARTMENT SHALL PROVIDE THE 35,603
ASSISTANCE GROUP WRITTEN NOTICE OF THE SANCTION. THE WRITTEN
NOTICE SHALL INCLUDE A PROVISION PRINTED IN BOLD TYPE FACE THAT 35,604
INFORMS THE ASSISTANCE GROUP THAT IT MAY REQUEST A FACE-TO-FACE 35,605
MEETING WITH THE COUNTY DEPARTMENT NOT LATER THAN TEN DAYS AFTER 35,606
RECEIVING THE WRITTEN NOTICE TO EXPLAIN WHY THE ASSISTANCE GROUP 35,607
BELIEVES IT SHOULD NOT BE SANCTIONED. THE WRITTEN NOTICE SHALL 35,608
INCLUDE THE TELEPHONE NUMBERS OF THE ASSISTANCE GROUP'S 35,609
CASEWORKER AND OF AN OHIO WORKS FIRST OMBUDSPERSON PROVIDED FOR 35,610
UNDER SECTION 329.07 OF THE REVISED CODE WHO THE ASSISTANCE GROUP 35,611
MAY CALL IF UNABLE TO CONTACT THE CASEWORKER AND THE TOLL-FREE 35,614
TELEPHONE NUMBER OF THE STATE DEPARTMENT OF HUMAN SERVICES. 35,616
Sec. 5107.162. IF AN ASSISTANCE GROUP REQUESTS A MEETING 35,618
812
WITH A COUNTY DEPARTMENT OF HUMAN SERVICES NOT LATER THAN TEN 35,619
DAYS AFTER RECEIVING UNDER SECTION 5107.161 OF THE REVISED CODE 35,620
WRITTEN NOTICE OF A SANCTION, THE COUNTY DEPARTMENT SHALL 35,621
SCHEDULE THE MEETING AND POSTPONE IMPOSITION OF THE SANCTION 35,622
UNTIL THE DATE THE MEETING IS SCHEDULED TO BE HELD. 35,623
Sec. 5107.17. AN ASSISTANCE GROUP THAT RESUMES 35,625
PARTICIPATION IN OHIO WORKS FIRST FOLLOWING A SANCTION UNDER 35,627
SECTION 5107.16 OF THE REVISED CODE IS NOT REQUIRED TO DO EITHER 35,628
OF THE FOLLOWING:
(A) REAPPLY UNDER SECTION 5107.12 OF THE REVISED CODE, 35,631
UNLESS IT IS THE ASSISTANCE GROUP'S REGULARLY SCHEDULED TIME FOR 35,632
AN ELIGIBILITY REDETERMINATION; 35,633
(B) ENTER INTO A NEW SELF-SUFFICIENCY CONTRACT UNDER 35,635
SECTION 5107.14 OF THE REVISED CODE, UNLESS THE COUNTY DEPARTMENT 35,636
DETERMINES IT IS TIME FOR A NEW APPRAISAL UNDER SECTION 5107.41 35,637
OF THE REVISED CODE OR THE ASSISTANCE GROUP'S CIRCUMSTANCES HAVE 35,638
CHANGED IN A MANNER NECESSITATING AN AMENDMENT TO THE 35,639
SELF-SUFFICIENCY CONTRACT AS DETERMINED USING PROCEDURES INCLUDED 35,640
IN THE CONTRACT UNDER DIVISION (I) OF SECTION 5107.14 OF THE 35,642
REVISED CODE. 35,643
Sec. 5107.22. As used in this section, "caretaker" means 35,653
the parent of a minor child or a relative acting in the parent's 35,655
place. Unless 35,656
UNLESS good cause for failure or refusal exists as 35,658
determined pursuant to rules adopted under section 5107.05 of the 35,660
Revised Code, the caretaker of a minor child shall cooperate, if 35,662
the caretaker is a member of the child's assistance group, in 35,663
establishing the child's paternity and establishing, modifying, 35,664
and enforcing a support order for the child. The child support 35,665
enforcement agency with responsibility for administering the 35,666
assistance group's paternity and support order requirements shall 35,668
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 35,669
available to the caretaker to verify the identity of the minor 35,670
813
child's father and establish, modify, and enforce a support 35,671
order.
A child support enforcement agency shall notify the county 35,674
department of human services serving the county in which a 35,675
caretaker resides if the agency determines that the caretaker has 35,676
failed or refused to cooperate under this section without good 35,677
cause and the caretaker is a member of an assistance group 35,678
participating in Ohio works first. 35,679
Sec. 5107.24. (A) As used in this section: 35,688
(1) "Adult-supervised living arrangement" means a family 35,690
setting approved, licensed, or certified by the department of 35,692
human services, the department of mental health, the department 35,693
of mental retardation and developmental disabilities, the 35,694
department of youth services, a public children services agency, 35,695
a private child placing agency, or a private noncustodial agency 35,696
that is maintained by a person age eighteen or older who assumes 35,697
responsibility for the care and control of a minor parent, 35,698
pregnant minor, or child of a minor parent or provides the minor 35,699
parent, pregnant minor, or child of a minor parent supportive 35,700
services, including counseling, guidance, and supervision. 35,701
"Adult-supervised living arrangement" does not mean a public 35,702
institution. 35,703
(2) "Child of a minor parent" means a child born to a 35,706
minor parent, except that the child ceases to be considered a 35,707
child of a minor parent when the minor parent attains age 35,708
eighteen.
(3) "Minor parent" means a parent who is under age 35,710
eighteen and is not married. 35,712
(4) "Pregnant minor" means a pregnant person who is under 35,714
age eighteen and not married. 35,716
(B)(1) Except as provided in division (B)(2) of this 35,719
section AND TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL 35,720
REGULATIONS ADOPTED UNDER TITLE IV-A, a pregnant minor, minor 35,722
parent, or child of a minor parent must reside in a place of 35,723
814
residence maintained by a parent, legal guardian, CUSTODIAN, or 35,724
specified relative of the pregnant minor or minor parent as the 35,726
parent's, guardian's, CUSTODIAN'S, or specified relative's own 35,727
home to be eligible to participate in Ohio works first. 35,729
(2) A TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL 35,733
REGULATIONS ADOPTED UNDER IT, A pregnant minor, minor parent, or 35,734
child of a minor parent is exempt from the requirement of 35,735
division (B)(1) of this section if any of the following apply: 35,736
(a) The minor parent or pregnant minor does not have a 35,738
parent, legal guardian, CUSTODIAN, or specified relative living 35,741
or whose whereabouts are known.
(b) No parent, legal guardian, CUSTODIAN, or specified 35,744
relative of the minor parent or pregnant minor will allow the 35,746
pregnant minor, minor parent, or minor parent's child to live in 35,747
the parent's, legal guardian's, CUSTODIAN'S or specified 35,748
relative's home. 35,749
(c) The department of human services, a county department 35,751
of human services, or a public children services agency 35,753
determines that the physical or emotional health or safety of the 35,754
pregnant minor, minor parent, or minor parent's child would be in 35,755
jeopardy if the pregnant minor, minor parent, or minor parent's 35,756
child lived in the same home as the parent, legal guardian, 35,757
CUSTODIAN, or specified relative. 35,759
(d) The department of human services, a county department 35,762
of human services, or a public children services agency otherwise 35,763
determines that it is in the best interest of the pregnant minor, 35,765
minor parent, or minor parent's child to waive the requirement of 35,766
division (B)(1) of this section.
(C) A pregnant minor, minor parent, or child of a minor 35,768
parent exempt from the requirement of division (B)(1) of this 35,770
section must reside in an adult-supervised living arrangement to 35,771
be eligible to participate in Ohio works first.
(D) The department of human services, whenever possible 35,773
AND TO THE EXTENT PERMITTED BY TITLE IV-A AND FEDERAL REGULATIONS 35,774
815
ADOPTED UNDER IT, shall provide cash assistance under Ohio works 35,777
first to the parent, legal guardian, CUSTODIAN, or specified 35,778
relative of a pregnant minor or minor parent on behalf of the 35,779
pregnant minor, minor parent, or minor parent's child. 35,780
Sec. 5107.26. (A) As used in this section: 35,789
(1) "Transitional child day-care" means publicly funded 35,792
child day-care provided under division (A)(3) of section 5104.34 35,794
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 35,797
provided under section 5111.023 of the Revised Code. 35,798
(B) Except as provided in division (C) of this section, 35,800
each member of an assistance group participating in Ohio works 35,801
first is ineligible to participate in the program for six payment 35,804
months if a county department of human services determines that a 35,806
member of the assistance group terminated the member's employment 35,808
and each person who, ON THE DAY PRIOR TO THE DAY A RECIPIENT 35,809
BEGINS TO RECEIVE TRANSITIONAL CHILD DAY-CARE OR TRANSITIONAL
MEDICAID, was a member of the RECIPIENT'S assistance group of a 35,811
recipient of transitional child day-care or transitional medicaid 35,812
on the day prior to the day the recipient begins to receive 35,813
transitional child day-care or transitional medicaid is 35,814
ineligible to participate in Ohio works first for six payment 35,816
months if a county department determines that the recipient 35,818
terminated the recipient's employment. 35,820
(C) No assistance group member shall lose or be denied 35,823
eligibility to participate in Ohio works first pursuant to 35,825
division (B) of this section if THE TERMINATION OF EMPLOYMENT WAS 35,826
BECAUSE AN ASSISTANCE GROUP MEMBER OR RECIPIENT OF TRANSITIONAL 35,827
CHILD DAY-CARE OR TRANSITIONAL MEDICAID SECURED COMPARABLE OR 35,828
BETTER EMPLOYMENT OR the county department of human services 35,830
certifies that the assistance group member who OR RECIPIENT 35,832
terminated THE employment did so with just cause. 35,833
Just cause includes the following: 35,835
(1) Discrimination by an employer based on age, race, sex, 35,838
816
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 35,840
employment unreasonable, such as working without being paid on 35,841
schedule; 35,842
(3) Employment that has become unsuitable due to any of 35,844
the following: 35,845
(a) The wage is less than the federal minimum wage; 35,847
(b) The work is at a site subject to a strike or lockout, 35,850
unless the strike has been enjoined under section 208 of the 35,851
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 35,852
U.S.C.A. 178, as amended, an injunction has been issued under 35,854
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 35,856
U.S.C.A. 160, as amended, or an injunction has been issued under 35,857
section 4117.16 of the Revised Code; 35,858
(c) The documented degree of risk to the assistance group 35,861
member's MEMBER OR RECIPIENT'S health and safety is unreasonable; 35,863
(d) The assistance group member OR RECIPIENT is physically 35,865
or mentally unfit to perform the employment, as documented by 35,866
medical evidence or by reliable information from other sources. 35,868
(4) Documented illness of the assistance group member OR 35,871
RECIPIENT or of another assistance group member OF THE MEMBER OR 35,873
RECIPIENT requiring the presence of the assistance group member 35,874
OR RECIPIENT;
(5) A documented household emergency; 35,876
(6) Lack of adequate child care for children of the 35,878
assistance group member OR RECIPIENT who are under six years of 35,879
age. 35,880
Sec. 5107.28. (A) As used in this section and in sections 35,889
5107.281 to 5107.287 of the Revised Code: 35,891
(1) "Cash assistance payment" means the monthly amount an 35,893
assistance group is eligible to receive under Ohio works first. 35,894
(2) "Parent" means the parent, legal guardian, CUSTODIAN, 35,897
or specified relative with charge or care of a learnfare 35,898
participant.
817
(3) "Participating student" means a participant of Ohio 35,900
works first who is subject to the school attendance requirement 35,902
of the learnfare program as determined under section 5107.281 of 35,903
the Revised Code.
(B) The state department of human services shall establish 35,907
the learnfare program. The board of county commissioners of any 35,908
county may choose to have the county participate in the learnfare 35,909
program. The county department of human services of each 35,910
participating county shall administer the program in accordance 35,912
with sections 5107.28 to 5107.287 of the Revised Code and 35,913
policies the county department establishes for the program. 35,914
(C) The program shall provide for reduction in the cash 35,917
assistance payment to the assistance group of a participating 35,918
student if the student fails to comply with the program's school 35,920
attendance requirement two or more times during a school year. 35,921
(D) The program may provide for an incentive to encourage 35,924
a parent or, if a participating student is eighteen or nineteen 35,926
years of age, the student to consent to the release of the 35,927
participating student's school attendance records and the 35,929
participating student to comply with the program's school 35,930
attendance requirement. 35,931
Sec. 5107.60. In accordance with Title IV-A, federal 35,941
regulations, state law, the Title IV-A state plan prepared under 35,943
section 5101.80 of the Revised Code, and amendments to the plan, 35,944
county departments of human services shall establish and 35,945
administer the following work activities, in addition to the work 35,946
activities established under sections 5107.50, 5107.52, 5107.54, 35,947
and 5107.58 of the Revised Code, for minor heads of households 35,950
and adults participating in Ohio works first:
(A) Unsubsidized employment activities, including 35,953
activities a county department determines are legitimate 35,954
entrepreneurial activities;
(B) On-the-job training activities, including training to 35,957
become an employee of a child day-care center or type A family 35,959
818
day-care home, authorized provider of a certified type B family 35,960
day-care home, or in-home aide; 35,961
(C) Community service activities including a program under 35,965
which a participant of Ohio works first who is the parent, legal 35,966
guardian, CUSTODIAN, or specified relative responsible for the 35,967
care of a minor child enrolled in grade twelve or lower is 35,968
involved in the minor child's education on a regular basis.; 35,969
(D) Vocational educational training activities; 35,971
(E) Jobs skills training activities that are directly 35,974
related to employment;
(F) Education activities that are directly related to 35,977
employment for participants who have not earned a high school 35,978
diploma or high school equivalence diploma; 35,979
(G) Education activities for participants who have not 35,982
completed secondary school or received a high school equivalence 35,983
diploma under which the participants attend a secondary school or 35,984
a course of study leading to a high school equivalence diploma; 35,985
(H) Child-care service activities aiding another 35,988
participant assigned to a community service activity or other 35,989
work activity. A county department may provide for a participant 35,991
assigned to this work activity to receive training necessary to
provide child-care services. 35,992
Sec. 5107.61. SERVICE AS AN OHIO WORKS FIRST OMBUDSPERSON 35,994
PURSUANT TO SECTION 329.07 OF THE REVISED CODE MAY BE AN 35,995
ASSIGNMENT UNDER THE WORK EXPERIENCE PROGRAM OR A WORK ACTIVITY 35,996
ESTABLISHED UNDER SECTION 5107.60 OF THE REVISED CODE TO WHICH A 35,998
PARTICIPANT OF OHIO WORKS FIRST IS ASSIGNED UNDER SECTION 5107.42 35,999
OF THE REVISED CODE.
Sec. 5108.06. Under the prevention, retention, and 36,008
contingency program, an assistance group that includes at least 36,009
one minor child OR A PREGNANT WOMAN and meets the program's 36,010
eligibility requirements shall receive assistance or services 36,012
needed to overcome immediate barriers to achieving or maintaining 36,013
self sufficiency and personal responsibility. 36,014
819
Sec. 5111.01. As used in this chapter, "medical assistance 36,024
program" or "medicaid" means the program that is authorized by 36,026
this section and provided by the department of human services 36,028
under this chapter, Title XIX of the "Social Security Act," 49 36,029
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the waivers of 36,030
Title XIX requirements granted to the department by the health 36,033
care financing administration of the United States department of 36,035
health and human services. 36,036
(A) The department of human services may provide medical 36,038
assistance under the medicaid program as long as federal funds 36,040
are provided for such assistance, to the following:
(1) Families with children that meet either of the 36,043
following conditions: 36,044
(a) The family meets the income, resource, and family 36,047
composition requirements in effect on July 16, 1996, for the 36,048
former aid to dependent children program as those requirements 36,049
were established by Chapter 5107. of the Revised Code, federal 36,052
waivers granted pursuant to requests made under former section 36,053
5101.09 of the Revised Code, and rules adopted by the department 36,056
OR ANY CHANGES THE DEPARTMENT MAKES TO THOSE REQUIREMENTS IN
ACCORDANCE WITH PARAGRAPH (a)(2) OF SECTION 114 OF THE "PERSONAL 36,058
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 36,059
110 STAT. 2177, 42 U.S.C.A. 1396u-1, FOR THE PURPOSE OF 36,061
IMPLEMENTING SECTION 5111.019 OF THE REVISED CODE. An adult 36,062
loses eligibility for medical assistance under division (A)(1)(a) 36,065
of this section pursuant to division (E)(3) of section 5107.16 of 36,067
the Revised Code. 36,069
(b) The family does not meet the requirements specified in 36,072
division (A)(1)(a) of this section but is participating in the 36,075
Ohio works first program established under Chapter 5107. of the 36,076
Revised Code or is eligible for medical assistance pursuant to 36,077
section 5101.18 or division (E)(1) or (2) of section 5107.16 of 36,079
the Revised Code despite being ineligible to participate in Ohio 36,081
works first. 36,082
820
(2) Aged, blind, and disabled persons who meet the 36,084
following conditions: 36,085
(a) Receive federal aid under Title XVI of the "Social 36,087
Security Act," or are eligible for but are not receiving such 36,088
aid, provided that the income from all other sources for 36,089
individuals with independent living arrangements shall not exceed 36,090
one hundred seventy-five dollars per month. The income standards 36,091
hereby established shall be adjusted annually at the rate that is 36,092
used by the United States department of health and human services 36,094
to adjust the amounts payable under Title XVI. 36,095
(b) Do not receive aid under Title XVI, but meet any of 36,097
the following criteria: 36,098
(i) Would be eligible to receive such aid, except that 36,100
their income, other than that excluded from consideration as 36,101
income under Title XVI, exceeds the maximum under division 36,102
(A)(2)(a) of this section, and incurred expenses for medical 36,103
care, as determined under federal regulations applicable to 36,104
section 209(b) of the "Social Security Amendments of 1972," 86 36,105
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 36,106
amount by which their income exceeds the maximum under division 36,107
(A)(2)(a) of this section; 36,108
(ii) Received aid for the aged, aid to the blind, or aid 36,110
for the permanently and totally disabled prior to January 1, 36,111
1974, and continue to meet all the same eligibility requirements; 36,112
(iii) Are eligible for medical assistance pursuant to 36,114
section 5101.18 of the Revised Code. 36,115
(3) Persons to whom federal law requires, as a condition 36,117
of state participation in the medicaid program, that medical 36,118
assistance be provided; 36,119
(4) Persons under age twenty-one who meet the income 36,121
requirements for the Ohio works first program established under 36,122
Chapter 5107. of the Revised Code but do not meet other 36,124
eligibility requirements for the program. The department shall 36,126
adopt rules in accordance with Chapter 119. of the Revised Code 36,127
821
specifying which Ohio works first requirements shall be waived 36,129
for the purpose of providing medicaid eligibility under division 36,131
(A)(4) of this section.
(B) If funds are appropriated for such purpose by the 36,133
general assembly, the department may provide medical assistance 36,134
to persons in groups designated by federal law as groups to which 36,136
a state, at its option, may provide medical assistance under the 36,137
medicaid program.
(C) The department may expand eligibility for medical 36,140
assistance to include individuals under age nineteen with family 36,141
incomes at or below one hundred fifty per cent of the federal 36,142
poverty guideline guidelines, except that the eligibility 36,143
expansion shall not occur unless the department receives the 36,144
approval of the federal government. The department may implement 36,145
the eligibility expansion authorized under this division on any 36,146
date selected by the department, but not sooner than January 1, 36,147
1998. 36,148
(D) In addition to any other authority or requirement to 36,151
adopt rules under this chapter, the department may adopt rules in 36,152
accordance with section 111.15 of the Revised Code as it 36,154
considers necessary to establish standards, procedures, and other 36,155
requirements regarding the provision of medical assistance. The 36,156
rules may establish requirements to be followed in applying for 36,157
medical assistance, making determinations of eligibility for 36,158
medical assistance, and verifying eligibility for medical 36,159
assistance. The rules may include special conditions as the 36,160
department determines appropriate for making applications, 36,161
determining eligibility, and verifying eligibility for any 36,162
medical assistance that the department may provide pursuant to 36,163
division (C) of this section AND SECTION 5111.014 OR 5111.019 OF 36,164
THE REVISED CODE.
Sec. 5111.014. (A) THE DIRECTOR OF HUMAN SERVICES SHALL 36,166
SUBMIT TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 36,167
SERVICES AN AMENDMENT TO THE STATE MEDICAID PLAN TO MAKE AN 36,168
822
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS ELIGIBLE 36,169
FOR MEDICAID:
(1) THE INDIVIDUAL IS PREGNANT; 36,171
(2) THE INDIVIDUAL'S FAMILY INCOME DOES NOT EXCEED ONE 36,173
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY GUIDELINES; 36,174
(3) THE INDIVIDUAL SATISFIES ALL RELEVANT REQUIREMENTS 36,175
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF SECTION 36,176
5111.01 OF THE REVISED CODE.
(B) IF APPROVED BY THE UNITED STATES SECRETARY OF HEALTH 36,179
AND HUMAN SERVICES, THE DIRECTOR OF HUMAN SERVICES SHALL
IMPLEMENT THE MEDICAID PLAN AMENDMENT SUBMITTED UNDER DIVISION 36,180
(A) OF THIS SECTION AS SOON AS POSSIBLE AFTER RECEIPT OF NOTICE 36,181
OF THE APPROVAL, BUT NOT SOONER THAN JANUARY 1, 2000. 36,182
Sec. 5111.019. (A) THE DIRECTOR OF HUMAN SERVICES SHALL 36,184
SUBMIT TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 36,185
SERVICES AN AMENDMENT TO THE STATE MEDICAID PLAN TO MAKE AN 36,187
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS ELIGIBLE 36,188
FOR MEDICAID FOR THE AMOUNT OF TIME PROVIDED BY DIVISION (B) OF 36,189
THIS SECTION:
(1) THE INDIVIDUAL IS THE PARENT OF A CHILD UNDER NINETEEN 36,191
YEARS OF AGE AND RESIDES WITH THE CHILD; 36,192
(2) THE INDIVIDUAL'S FAMILY INCOME DOES NOT EXCEED ONE 36,194
HUNDRED PER CENT OF THE FEDERAL POVERTY GUIDELINES; 36,195
(3) THE INDIVIDUAL IS NOT OTHERWISE ELIGIBLE FOR MEDICAID; 36,197
(4) THE INDIVIDUAL SATISFIES ALL RELEVANT REQUIREMENTS 36,199
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF SECTION 36,200
5111.01 OF THE REVISED CODE. 36,201
(B) AN INDIVIDUAL IS ELIGIBLE TO RECEIVE MEDICAID UNDER 36,203
THIS SECTION FOR A PERIOD THAT DOES NOT EXCEED TWO YEARS 36,204
BEGINNING ON THE DATE ON WHICH ELIGIBILITY IS ESTABLISHED. 36,205
(C) IF APPROVED BY THE UNITED STATES SECRETARY OF HEALTH 36,208
AND HUMAN SERVICES AND THE DIRECTOR OF HUMAN SERVICES, THE 36,209
DIRECTOR SHALL IMPLEMENT THE MEDICAID PLAN AMENDMENT SUBMITTED 36,210
UNDER THIS SECTION NOT SOONER THAN JULY 1, 2000. IF A FEDERAL 36,211
823
WAIVER IS NECESSARY FOR THE UNITED STATES SECRETARY TO APPROVE 36,212
THE AMENDMENT, THE DIRECTOR OF HUMAN SERVICES SHALL SUBMIT A 36,213
WAIVER REQUEST TO THE UNITED STATES SECRETARY NOT LATER THAN 36,214
NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 36,215
Sec. 5111.022. (A) The state plan for providing medical 36,224
assistance under Title XIX of the "Social Security Act," 49 Stat. 36,225
620, 42 U.S.C.A. 301, as amended, shall include provision of the 36,226
following mental health services when provided by facilities 36,227
described in division (B) of this section: 36,228
(1) Outpatient mental health services, including, but not 36,230
limited to, preventive, diagnostic, therapeutic, rehabilitative, 36,231
and palliative interventions rendered to individuals in an 36,232
individual or group setting by a mental health professional in 36,233
accordance with a plan of treatment appropriately established, 36,234
monitored, and reviewed; 36,235
(2) Partial-hospitalization mental health services of 36,237
three to fourteen hours per service day, rendered by persons 36,238
directly supervised by a mental health professional; 36,239
(3) Unscheduled, emergency mental health services of a 36,241
kind ordinarily provided to persons in crisis when rendered by 36,242
persons supervised by a mental health professional. 36,243
(B) Services shall be included in the state plan only when 36,245
provided by community mental health facilities that have quality 36,246
assurance programs accredited by the joint commission on 36,247
accreditation of healthcare organizations or certified by the 36,248
department of mental health or department of human services. 36,249
(C) The comprehensive annual plan shall certify the 36,251
availability of sufficient unencumbered community mental health 36,252
state subsidy and local funds to match Title XIX reimbursement 36,253
funds earned by the facilities. Reimbursement for eligible 36,254
services shall be based on the prospective cost of providing the 36,255
services as developed in standards adopted as part of the 36,256
comprehensive annual plan. 36,257
(D) As used in this section, "mental health professional" 36,259
824
means a person qualified to work with mentally ill persons under 36,260
the minimum standards established by the director of mental 36,261
health pursuant to section 5119.61 of the Revised Code. 36,262
(E) With respect to services established by division (A) 36,264
of this section, the department of human services shall enter 36,265
into a separate contract with the department of mental health. 36,266
The terms of the contract between the department of human 36,267
services and the department of mental health shall specify that 36,268
BOTH OF THE FOLLOWING: 36,269
(1) THAT the department of mental health and boards of 36,271
alcohol, drug addiction, and mental health services shall provide 36,272
state and local matching funds for Title XIX of the "Social 36,273
Security Act" for reimbursement of services established by 36,274
division (A) of this section; 36,275
(2) HOW THE COMMUNITY MENTAL HEALTH FACILITIES DESCRIBED 36,277
IN DIVISION (B) OF THIS SECTION WILL BE PAID FOR PROVIDING THE 36,278
SERVICES ESTABLISHED BY DIVISION (A) OF THIS SECTION. 36,279
Sec. 5111.025. (A) EFFECTIVE JULY 1, 2001, AND THE FIRST 36,282
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 36,283
SHALL ADJUST THE RATE IT REIMBURSES MEDICAL PROVIDERS SPECIFIED 36,284
IN RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION FOR MEDICAL 36,285
SERVICES RENDERED UNDER THE MEDICAL ASSISTANCE PROGRAM. THE 36,286
DEPARTMENT SHALL ADJUST THE RATE BY THE PERCENTAGE INCREASE IN 36,288
THE GROSS DOMESTIC PRODUCT DEFLATOR FOR THE PRECEDING CALENDAR 36,290
YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE 36,291
UNITED STATES DEPARTMENT OF COMMERCE.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 36,293
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 36,295
EFFICIENT ADMINISTRATION OF THIS SECTION. THE RULES SHALL 36,296
ESTABLISH A LIST SPECIFYING THE MEDICAL PROVIDERS THAT WILL 36,297
RECEIVE THE ADJUSTED RATE OF REIMBURSEMENT. THE DEPARTMENT SHALL 36,299
INCLUDE IN THE LIST AT LEAST PHYSICIANS, DENTISTS, AND AMBULANCE 36,300
SERVICE PROVIDERS. THE DEPARTMENT SHALL EXCLUDE FROM THE LIST 36,301
NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE MENTALLY 36,302
825
RETARDED, HOSPITALS, AND MANAGED CARE ORGANIZATIONS. 36,303
(C) THIS SECTION DOES NOT AFFECT SECTIONS 5111.20 TO 36,305
5111.32 OF THE REVISED CODE OR PRECLUDE THE DEPARTMENT OF HUMAN 36,306
SERVICES FROM ADJUSTING THE RATE IT REIMBURSES HOSPITALS AND 36,307
MANAGED CARE ORGANIZATIONS FOR MEDICAL SERVICES RENDERED UNDER 36,308
THE MEDICAL ASSISTANCE PROGRAM IN A MANNER DIFFERENT FROM THE 36,309
METHOD OF ADJUSTMENT ESTABLISHED BY DIVISION (A) OF THIS SECTION. 36,310
Sec. 5111.026. (A) ON OR BEFORE THE THIRTY-FIRST DAY OF 36,313
DECEMBER OF THE YEAR 2000, AND EACH EVEN-NUMBERED YEAR
THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL COMPLETE AND 36,314
PREPARE A SURVEY THAT INCLUDES ALL OF THE FOLLOWING: 36,315
(1) AN EXAMINATION OF ACCESS BY RECIPIENTS OF MEDICAL 36,317
ASSISTANCE TO PROVIDERS WHO ARE AUTHORIZED UNDER CHAPTER 4731. OF 36,318
THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC 36,320
MEDICINE AND SURGERY, OR PODIATRY OR UNDER CHAPTER 4725. OF THE 36,321
REVISED CODE TO PRACTICE DENTISTRY; 36,323
(2) THE EFFECT OF RATES AND METHODS OF REIMBURSEMENT IN 36,325
THE MEDICAL ASSISTANCE PROGRAM ON PARTICIPATION IN THE PROGRAM BY 36,326
PROVIDERS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION; 36,327
(3) A COMPARISON OF THE RATES OF REIMBURSEMENT FOR 36,329
SERVICES PROVIDED UNDER THE MEDICAL ASSISTANCE PROGRAM AND 36,330
EQUIVALENT SERVICES PROVIDED IN THE PRIVATE SECTOR BY PROVIDERS 36,331
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION. 36,332
THE RESULTS OF EACH SURVEY REQUIRED UNDER THIS SECTION 36,334
SHALL BE SUBMITTED TO THE GOVERNOR, SPEAKER AND MINORITY LEADER 36,335
OF THE HOUSE OF REPRESENTATIVES, AND PRESIDENT AND MINORITY 36,336
LEADER OF THE SENATE. 36,337
(B) TO MEET THE REQUIREMENTS OF DIVISION (A) OF THIS 36,339
SECTION, THE DEPARTMENT SHALL USE A SURVEY FORMAT AND QUESTIONS 36,341
RECOMMENDED BY A COMMITTEE APPOINTED BY THE DEPARTMENT. 36,342
Sec. 5111.113. As used in this section, "nursing facility" 36,345
has AND "INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED" 36,346
HAVE the same meaning MEANINGS as in section 5111.20 of the 36,347
Revised Code. 36,348
826
In determining the amount of income THAT a recipient of 36,350
medical assistance must apply monthly to TOWARD payment of the 36,351
cost of care in a nursing facility OR INTERMEDIATE CARE FACILITY 36,353
FOR THE MENTALLY RETARDED, the county department of human 36,355
services shall deduct from the recipient's monthly income a 36,356
monthly personal needs allowance in accordance with section 1902 36,357
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 36,358
1396a, as amended. The 36,359
FOR A RESIDENT OF A NURSING FACILITY, THE monthly personal 36,361
needs allowance shall be not less than forty dollars for an 36,363
individual resident of a nursing facility and not less than 36,364
eighty dollars for a married couple if both spouses are residents 36,365
of a nursing facility. 36,366
FOR A RESIDENT OF AN INTERMEDIATE CARE FACILITY FOR THE 36,368
MENTALLY RETARDED, THE MONTHLY PERSONAL NEEDS ALLOWANCE SHALL BE 36,369
FORTY DOLLARS UNLESS THE RESIDENT HAS EARNED INCOME, IN WHICH 36,370
CASE THE MONTHLY PERSONAL NEEDS ALLOWANCE SHALL BE DETERMINED BY 36,371
THE STATE DEPARTMENT OF HUMAN SERVICES BUT SHALL NOT EXCEED ONE 36,372
HUNDRED FIVE DOLLARS.
Sec. 5111.173. (A) THERE IS HEREBY CREATED THE MEDICAID 36,374
MANAGED CARE STUDY COMMITTEE TO EXAMINE THE MEDICAID MANAGED CARE 36,375
PROGRAM ESTABLISHED BY SECTION 5111.17 OF THE REVISED CODE. THE 36,376
COMMITTEE SHALL REVIEW THE STATUS OF THE PROGRAM AND MAY STUDY 36,377
THE FOLLOWING: CONSUMER ACCESS AND SATISFACTION, REIMBURSEMENT 36,378
ISSUES, RECENT TRENDS IN THE MEDICAID MANAGED CARE MARKET, 36,379
ALTERNATIVE MANAGED CARE DELIVERY MODELS, AND FUTURE PLANS AND 36,380
RECOMMENDATIONS FOR THE PROGRAM. 36,381
(B) MEMBERSHIP OF THE STUDY COMMITTEE SHALL INCLUDE: 36,383
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 36,385
OF THE SENATE, ONE FROM THE MAJORITY PARTY AND ONE FROM THE 36,386
MINORITY PARTY; 36,387
(2) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED 36,389
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE FROM THE 36,390
MAJORITY PARTY AND ONE FROM THE MINORITY PARTY; 36,391
827
(3) THE FOLLOWING MEMBERS JOINTLY APPOINTED BY THE 36,393
GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE 36,394
PRESIDENT OF THE SENATE: 36,395
(a) ONE REPRESENTATIVE OF THE GOVERNOR'S OFFICE; 36,397
(b) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF HUMAN 36,399
SERVICES;
(c) ONE REPRESENTATIVE OF THE OHIO DEPARTMENT OF 36,401
INSURANCE;
(d) ONE REPRESENTATIVE OF THE OFFICE OF BUDGET AND 36,403
MANAGEMENT;
(e) TWO REPRESENTATIVES OF THE OHIO MEDICAL CARE ADVISORY 36,405
COMMITTEE REPRESENTING CONSUMER INTERESTS; 36,406
(f) ONE REPRESENTATIVE FROM A COUNTY DEPARTMENT OF HUMAN 36,408
SERVICES IN A COUNTY IN WHICH MEDICAID RECIPIENTS ARE REQUIRED TO 36,409
OBTAIN MEDICAL SERVICES FROM A MANAGED CARE ORGANIZATION; 36,410
(g) TWO REPRESENTATIVES OF THE INSTITUTIONAL PROVIDER 36,412
COMMUNITY;
(h) TWO REPRESENTATIVES FROM THE COMMUNITY PROVIDER 36,414
COMMUNITY; 36,415
(i) TWO REPRESENTATIVES OF ENTITIES THAT PROVIDE MEDICAID 36,417
MANAGED CARE. 36,418
(C) THE MAJORITY PARTY MEMBERS FROM THE HOUSE OF 36,420
REPRESENTATIVES AND THE SENATE SHALL SERVE AS CO-CHAIRS OF THE 36,421
STUDY COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL OF THE 36,422
CO-CHAIRS.
(D) MEMBERS OF THE STUDY COMMITTEE SHALL SERVE WITHOUT 36,424
COMPENSATION OR REIMBURSEMENT, EXCEPT TO THE EXTENT THAT SERVING 36,425
ON THE COMMITTEE IS CONSIDERED A PART OF THEIR REGULAR DUTIES OF 36,427
EMPLOYMENT.
(E) NOT LATER THAN DECEMBER 31, 1999, THE STUDY COMMITTEE 36,430
SHALL COMPLETE ITS EXAMINATION AND SUBMIT A REPORT TO THE 36,432
GOVERNOR, THE PRESIDENT AND MINORITY LEADER OF THE SENATE, AND 36,433
THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. 36,435
THE LEGISLATIVE BUDGET OFFICE OF THE LEGISLATIVE SERVICE 36,436
828
COMMISSION SHALL SERVE AS STAFF TO THE STUDY COMMITTEE. ON 36,437
SUBMISSION OF THE REPORT, THE STUDY COMMITTEE SHALL CEASE TO 36,438
EXIST.
Sec. 5111.23. (A) The department of human services shall 36,447
pay each eligible nursing facility and intermediate care facility 36,448
for the mentally retarded a per resident per day rate for direct 36,449
care costs established prospectively for each facility. Except 36,450
as provided in division (C)(2) of this section, the department 36,451
shall establish each facility's rate for direct care costs 36,452
quarterly. 36,453
(B) Each facility's rate for direct care costs shall be 36,455
based on the facility's cost per case-mix unit, subject to the 36,456
maximum costs per case-mix unit established under division (B)(2) 36,458
of this section, from the calendar year preceding the fiscal year 36,459
in which the rate is paid. To determine the rate, the department 36,460
shall do all of the following:
(1) Determine each facility's cost per case-mix unit for 36,462
the calendar year preceding the fiscal year in which the rate 36,463
will be paid by dividing the facility's desk-reviewed, actual, 36,464
allowable, per diem direct care costs for that year by its 36,465
average case-mix score determined under section 5111.231 of the 36,466
Revised Code for the same calendar year. 36,467
(2)(a) Set the maximum cost per case-mix unit for each 36,469
peer group of nursing facilities specified in rules adopted under 36,470
division (E) of this section at a percentage above the cost per 36,471
case-mix unit of the facility in the group that has the group's 36,472
median medicaid inpatient day for the calendar year preceding the 36,474
fiscal year in which the rate will be paid, as calculated under 36,475
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(1) of this section. 36,476
(b) Set the maximum cost per case-mix unit for each peer 36,478
group of intermediate care facilities for the mentally retarded 36,479
with more than eight beds specified in rules adopted under 36,480
division (E) of this section at a percentage above the cost per 36,481
829
case-mix unit of the facility in the group that has the group's 36,482
median medicaid inpatient day for the calendar year preceding the 36,484
fiscal year in which the rate will be paid, as calculated under 36,485
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(2) of this section. 36,486
(c) Set the maximum cost per case-mix unit for each peer 36,488
group of intermediate care facilities for the mentally retarded 36,489
with eight or fewer beds specified in rules adopted under 36,490
division (E) of this section at a percentage above the cost per 36,491
case-mix unit of the facility in the group that has the group's 36,492
median medicaid inpatient day for the calendar year preceding the 36,494
fiscal year in which the rate will be paid, as calculated under 36,495
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(3) of this section. 36,496
(d) In calculating the maximum cost per case-mix unit 36,498
under divisions (B)(2)(a) to (c) of this section for each peer 36,499
group, the department shall exclude from its calculations the 36,500
cost per case-mix unit of any facility in the group that 36,501
participated in the medical assistance program under the same
operator for less than twelve months during the calendar year 36,502
preceding the fiscal year in which the rate will be paid. 36,503
(3) Estimate the rate of inflation for the eighteen-month 36,505
period beginning on the first day of July of the calendar year 36,506
preceding the fiscal year in which the rate will be paid and 36,507
ending on the thirty-first day of December of the fiscal year in 36,508
which the rate will be paid, using the employment cost index for 36,509
total compensation, health services component, published by the 36,510
United States bureau of labor statistics. If the estimated 36,511
inflation rate for the eighteen-month period is different from 36,512
the actual inflation rate for that period, as measured using the 36,513
same index, the difference shall be added to or subtracted from 36,514
the inflation rate estimated under division (B)(3) of this 36,515
section for the following fiscal year. 36,516
(4) The department shall not recalculate a maximum cost 36,518
830
per case-mix unit under division (B)(2) of this section or a 36,520
percentage under division (D) of this section based on additional 36,521
information that it receives after the maximum costs per case-mix 36,522
unit or percentages are set. The department shall recalculate a 36,523
maximum cost per case-mix units or percentage only if it made an 36,524
error in computing the maximum cost per case-mix unit or 36,525
percentage based on information available at the time of the 36,526
original calculation.
(C)(1) Except as provided in division (C)(2) of this 36,528
section, each EACH facility's rate for direct care costs shall be 36,529
determined as follows for each calendar quarter within a fiscal 36,530
year: 36,531
(a)(1) Multiply the lesser of the following by the 36,533
facility's average case-mix score determined under section 36,534
5111.231 of the Revised Code for the calendar quarter that 36,535
preceded the immediately preceding calendar quarter: 36,536
(i)(a) The facility's cost per case-mix unit for the 36,538
calendar year preceding the fiscal year in which the rate will be 36,539
paid, as determined under division (B)(1) of this section; 36,540
(ii)(b) The maximum cost per case-mix unit established for 36,542
the fiscal year in which the rate will be paid for the facility's 36,543
peer group under division (B)(2) of this section; 36,544
(b)(2) Adjust the product determined under division 36,547
(C)(1)(a) of this section by the inflation rate estimated under 36,548
division (B)(3) of this section. 36,549
(2) Each fiscal year, the rate for direct care costs for 36,551
an intermediate care facility for the mentally retarded that, 36,552
pursuant to rules adopted under division (D)(5) of section 36,553
5111.231 of the Revised Code, submits its resident assessment 36,554
information annually rather than quarterly shall be the lesser of 36,555
the following, adjusted by the inflation rate estimated under 36,556
division (B)(3) of this section: 36,557
(a) The product of the facility's cost per case-mix unit 36,559
for the calendar year preceding the fiscal year in which the rate 36,560
831
will be paid, as determined under division (B)(1) of this 36,561
section, and the facility's annual average case-mix score 36,562
determined under section 5111.231 of the Revised Code for that 36,563
calendar year; 36,564
(b) The product of the maximum cost per case-mix unit 36,566
established for the fiscal year for the facility's peer group 36,567
under division (B)(2) of this section, and the facility's annual 36,569
average case-mix score determined under section 5111.231 of the 36,570
Revised Code for that calendar year.
(D)(1) The department shall calculate the percentage above 36,572
the median cost per case-mix unit determined under division 36,573
(B)(1) of this section for the facility that has the median 36,574
medicaid inpatient day for calendar year 1992 for all nursing 36,575
facilities that would result in payment of all desk-reviewed, 36,576
actual, allowable direct care costs for eighty-five per cent of 36,577
the medicaid inpatient days for nursing facilities for calendar 36,578
year 1992. 36,579
(2) The department shall calculate the percentage above 36,581
the median cost per case-mix unit determined under division 36,582
(B)(1) of this section for the facility that has the median 36,583
medicaid inpatient day for calendar year 1992 for all 36,584
intermediate care facilities for the mentally retarded with more 36,585
than eight beds that would result in payment of all 36,586
desk-reviewed, actual, allowable direct care costs for eighty and 36,587
one-half per cent of the medicaid inpatient days for such 36,588
facilities for calendar year 1992. 36,589
(3) The department shall calculate the percentage above 36,591
the median cost per case-mix unit determined under division 36,592
(B)(1) of this section for the facility that has the median 36,593
medicaid inpatient day for calendar year 1992 for all 36,594
intermediate care facilities for the mentally retarded with eight 36,595
or fewer beds that would result in payment of all desk-reviewed, 36,596
actual, allowable direct care costs for eighty and one-half per 36,597
cent of the medicaid inpatient days for such facilities for 36,598
832
calendar year 1992. 36,599
(E) The department shall adopt rules in accordance with 36,601
Chapter 119. of the Revised Code that specify peer groups of 36,602
nursing facilities, intermediate care facilities for the mentally 36,603
retarded with more than eight beds, and intermediate care 36,604
facilities for the mentally retarded with eight or fewer beds, 36,605
based on findings of significant per diem direct care cost 36,606
differences due to geography and facility bed-size. The rules 36,607
also may specify peer groups based on findings of significant per 36,608
diem direct care cost differences due to other factors which may 36,609
include, in the case of intermediate care facilities for the 36,610
mentally retarded, case-mix. 36,611
(F) The department, in accordance with division (C) of 36,613
section 5111.231 of the Revised Code and rules adopted under 36,614
division (D) of that section, may assign case-mix scores or costs 36,615
per case-mix unit if a facility fails to submit assessment 36,616
information necessary to calculate its case-mix score in 36,617
accordance with that section. 36,618
Sec. 5111.231. (A)(1) The department of human services 36,627
shall determine case-mix scores for nursing facilities using data 36,628
for each resident, regardless of payment source, from a resident 36,629
assessment instrument specified in rules adopted in accordance 36,630
with Chapter 119. of the Revised Code pursuant to section 36,631
1919(e)(5) of the "Social Security Act," 49 Stat. 620 (1935), 42 36,632
U.S.C.A. 1396r(e)(5), as amended, and the case-mix values 36,633
established by the United States department of health and human 36,634
services. The EXCEPT AS MODIFIED IN RULES ADOPTED UNDER DIVISION 36,635
(A)(1)(c) OF THIS SECTION, THE department also shall use the 36,637
grouper methodology specified in the department's rules in effect 36,638
on July 1, 1993 USED ON THE EFFECTIVE DATE OF THIS AMENDMENT BY 36,639
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR 36,640
PROSPECTIVE PAYMENT OF SKILLED NURSING FACILITIES UNDER THE 36,641
MEDICARE PROGRAM ESTABLISHED BY TITLE XVIII OF THE "SOCIAL 36,642
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. 36,643
833
The department may adopt rules in accordance with Chapter 119. of 36,644
the Revised Code that do any of the following: 36,645
(1)(a) Adjust the case-mix values to reflect changes in 36,647
relative wage differentials that are specific to this state; 36,648
(2)(b) Express all of the case-mix values in numeric terms 36,650
that are different from the terms specified by the United States 36,651
department of health and human services but that do not alter the 36,652
relationship of the case-mix values to one another; 36,653
(3) Revise(c) MODIFY the grouper methodology, but only if 36,656
the revision is first recommended by AS FOLLOWS: 36,657
(i) ESTABLISH A DIFFERENT HIERARCHY FOR ASSIGNING 36,659
RESIDENTS TO CASE-MIX CATEGORIES UNDER THE METHODOLOGY; 36,660
(ii) PROHIBIT THE USE OF THE INDEX MAXIMIZER ELEMENT OF 36,662
THE METHODOLOGY; 36,663
(iii) INCORPORATE CHANGES TO THE METHODOLOGY THE UNITED 36,666
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES MAKES AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT; 36,667
(iv) MAKE OTHER CHANGES the medicaid long-term care 36,671
reimbursement study council established by section 5111.34 of the 36,673
Revised Code APPROVES.
(2) The department shall determine case-mix scores for 36,675
intermediate care facilities for the mentally retarded using data 36,676
for each resident, regardless of payment source, from a resident 36,677
assessment instrument AND GROUPER METHODOLOGY prescribed in rules 36,678
adopted in accordance with Chapter 119. of the Revised Code and 36,680
EXPRESSED IN case-mix values established by the department in 36,681
those rules. THE DEPARTMENT MAY CHANGE THE GROUPER METHODOLOGY 36,682
PRESCRIBED IN RULES IN EFFECT ON THE EFFECTIVE DATE OF THIS 36,683
AMENDMENT ONLY IF THE MEDICAID LONG-TERM CARE REIMBURSEMENT STUDY
COUNCIL APPROVES THE CHANGE. 36,684
(B) Not later than fifteen days after the end of each 36,686
calendar quarter, each nursing facility and intermediate care 36,687
facility for the mentally retarded shall submit to the department 36,688
the complete assessment data, from the instrument specified in 36,689
834
rules adopted under division (A) of this section, for each 36,690
resident, regardless of payment source, who was in the facility 36,691
or on hospital or therapeutic leave from the facility on the last 36,692
day of the quarter, unless the facility is permitted in rules 36,693
adopted under division (D) of this section to submit information 36,694
annually rather than quarterly. Not later than fifteen days 36,695
after the end of each calendar year, each intermediate care 36,696
facility for the mentally retarded that is permitted in rules 36,697
adopted under division (D) of this section to submit assessment 36,698
information annually shall submit to the department the complete 36,699
assessment data, from the instrument specified in rules adopted 36,700
under division (A) of this section, for each resident, regardless 36,701
of payment source, who was in the facility or on hospital or 36,702
therapeutic leave from the facility on the last day of the 36,703
calendar year. 36,704
Except as provided in division (C) of this section, the 36,706
department, after the end of each calendar year and pursuant to 36,707
procedures specified in rules adopted in accordance with Chapter 36,708
119. of the Revised Code, shall calculate an annual average 36,709
case-mix score for each nursing facility and intermediate care 36,710
facility for the mentally retarded using the facility's quarterly 36,711
case-mix scores for that calendar year. In the case of an 36,712
intermediate care facility for the mentally retarded that is 36,713
permitted in rules adopted under division (D)(5) of this section 36,714
to submit information annually rather than quarterly, the 36,715
department shall calculate the annual average case-mix score 36,716
using the assessment information for the calendar year, pursuant 36,717
to procedures specified in rules adopted in accordance with 36,718
Chapter 119. of the Revised Code. 36,719
(C)(1) If a facility does not timely submit information 36,721
for a calendar quarter necessary to calculate its case-mix score, 36,722
or submits incomplete or inaccurate information for a calendar 36,723
quarter, the department may assign the facility a quarterly 36,724
average case-mix score that is five per cent less than the 36,725
835
facility's quarterly average case-mix score for the preceding 36,726
calendar quarter. If the facility was subject to an exception 36,727
review under division (C) of section 5111.27 of the Revised Code 36,728
for the preceding calendar quarter, the department may assign a 36,729
quarterly average case-mix score that is five per cent less than 36,730
the score determined by the exception review. If the facility 36,731
was assigned a quarterly average case-mix score for the preceding 36,732
quarter, the department may assign a quarterly average case-mix 36,733
score that is five per cent less than that score assigned for the 36,734
preceding quarter. 36,735
The department may use a quarterly average case-mix score 36,737
assigned under division (C)(1) of this section, instead of a 36,738
quarterly average case-mix score calculated based on the 36,739
facility's submitted information, to calculate the facility's 36,740
rate for direct care costs being established under section 36,741
5111.23 of the Revised Code for one or more months, as specified 36,742
in rules adopted under division (D) of this section, of the 36,743
quarter for which the rate established under section 5111.23 of 36,744
the Revised Code will be paid. 36,745
Before taking action under division (C)(1) of this section, 36,747
the department shall permit the facility a reasonable period of 36,748
time, specified in rules adopted under division (D) of this 36,749
section, to correct the information. The IN THE CASE OF AN 36,750
INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED, THE 36,751
department shall not assign a quarterly average case-mix score 36,753
due to late submission of corrections to assessment information 36,754
unless the facility fails to submit corrected information prior 36,755
to the eighty-first day after the end of the calendar quarter to 36,756
which the information pertains. IN THE CASE OF A NURSING 36,757
FACILITY, THE DEPARTMENT SHALL NOT ASSIGN A QUARTERLY AVERAGE 36,758
CASE-MIX SCORE DUE TO LATE SUBMISSION OF CORRECTIONS TO 36,759
ASSESSMENT INFORMATION UNLESS THE FACILITY FAILS TO SUBMIT
CORRECTED INFORMATION PRIOR TO THE EARLIER OF THE EIGHTY-FIRST 36,760
DAY AFTER THE END OF THE CALENDAR QUARTER TO WHICH THE 36,761
836
INFORMATION PERTAINS OR THE DEADLINE FOR SUBMISSION OF SUCH 36,762
CORRECTIONS ESTABLISHED BY REGULATIONS ADOPTED BY THE UNITED 36,763
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII 36,764
AND XIX OF THE SOCIAL SECURITY ACT. 36,765
(2) If a facility is paid a rate calculated using a 36,767
quarterly average case-mix score assigned under division (C)(1) 36,768
of this section for more than six months in a calendar year, the 36,769
department may assign the facility a cost per case-mix unit that 36,770
is five per cent less than the facility's actual or assigned cost 36,771
per case-mix unit for the preceding calendar year. The 36,772
department may use the assigned cost per case-mix unit, instead 36,773
of calculating the facility's actual cost per case-mix unit in 36,774
accordance with section 5111.23 of the Revised Code, to establish 36,775
the facility's rate for direct care costs for the following 36,776
fiscal year. 36,777
(3) The department shall take action under division (C)(1) 36,779
or (2) of this section only in accordance with rules adopted 36,780
under division (D) of this section. The department shall not 36,781
take an action that affects rates for prior payment periods 36,782
except in accordance with sections 5111.27 and 5111.28 of the 36,783
Revised Code. 36,784
(D) The department may adopt rules in accordance with 36,786
Chapter 119. of the Revised Code that do any of the following: 36,787
(1) Specify the medium or media through which the 36,789
completed assessment information shall be submitted; 36,790
(2) Establish procedures under which the department will 36,792
review assessment information for accuracy and notify the 36,793
facility of any information that requires correction; 36,794
(3) Establish procedures for facilities to correct 36,796
assessment information, which. THE PROCEDURES may prohibit a AN 36,798
INTERMEDIATE CARE facility FOR THE MENTALLY RETARDED from 36,799
submitting corrected assessment information, for the purpose of 36,800
calculating its annual average case-mix score, more than two 36,801
calendar quarters after the end of the quarter to which the 36,802
837
information pertains or, if the information pertains to the 36,803
quarter ending the thirty-first day of December, after the 36,804
thirty-first day of the following March;. THE PROCEDURES MAY 36,805
LIMIT THE CONTENT OF CORRECTIONS BY NURSING FACILITIES IN THE 36,806
MANNER REQUIRED BY REGULATIONS ADOPTED BY THE UNITED STATES 36,807
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII AND 36,808
XIX OF THE SOCIAL SECURITY ACT AND PROHIBIT A NURSING FACILITY 36,810
FROM SUBMITTING CORRECTED ASSESSMENT INFORMATION, FOR THE PURPOSE 36,811
OF CALCULATING ITS ANNUAL AVERAGE CASE-MIX SCORE, MORE THAN THE 36,812
EARLIER OF THE FOLLOWING:
(a) TWO CALENDAR QUARTERS AFTER THE END OF THE QUARTER TO 36,814
WHICH THE INFORMATION PERTAINS OR, IF THE INFORMATION PERTAINS TO 36,815
THE QUARTER ENDING THE THIRTY-FIRST DAY OF DECEMBER, AFTER THE 36,816
THIRTY-FIRST DAY OF THE FOLLOWING MARCH; 36,817
(b) THE DEADLINE FOR SUBMISSION OF SUCH CORRECTIONS 36,819
ESTABLISHED BY REGULATIONS ADOPTED BY THE UNITED STATES 36,820
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER TITLES XVIII AND 36,821
XIX OF THE SOCIAL SECURITY ACT. 36,822
(4) Specify when and how the department will assign 36,824
case-mix scores or costs per case-mix unit under division (C) of 36,825
this section if information necessary to calculate the facility's 36,826
average annual or quarterly case-mix score is not provided or 36,827
corrected in accordance with the procedures established by the 36,828
rules. Notwithstanding any other provision of sections 5111.20 36,829
to 5111.32 of the Revised Code, the rules also may provide for 36,830
exclusion of case-mix scores assigned under division (C) of this 36,831
section from calculation of the facility's annual average 36,832
case-mix score and the maximum cost per case-mix unit for the 36,833
facility's peer group. 36,834
(5) Permit some or all intermediate care facilities for 36,836
the mentally retarded to submit assessment information annually 36,837
with their cost reports, instead of quarterly. 36,838
Sec. 5112.01. As used in sections 5112.02 5112.03 to 36,847
5112.21 of the Revised Code: 36,848
838
(A)(1) "Hospital" means a nonfederal hospital to which 36,850
either of the following applies: 36,851
(a) The hospital is registered under section 3701.07 of 36,853
the Revised Code as a general medical and surgical hospital or a 36,854
pediatric general hospital, and provides inpatient hospital 36,855
services, as defined in 42 C.F.R. 440.10; 36,856
(b) The hospital is recognized under the medicare program 36,858
established by Title XVIII of the "Social Security Act," 49 Stat. 36,860
620 (1935), 42 U.S.C.A. 301, as amended, as a cancer hospital and 36,862
is exempt from the medicare prospective payment system. 36,863
"Hospital" does not include a hospital operated by a health 36,865
insuring corporation that has been issued a certificate of 36,867
authority under section 1751.05 of the Revised Code or a hospital 36,869
that does not charge patients for services. 36,870
(2) "Disproportionate share hospital" means a hospital 36,872
that meets the definition of a disproportionate share hospital in 36,873
rules adopted under section 5112.03 of the Revised Code. 36,874
(B) "Bad debt," "charity care," "courtesy care," and 36,876
"contractual allowances" have the same meanings given these terms 36,877
in regulations adopted under Title XVIII of the "Social Security 36,879
Act." 36,880
(C) "Cost reporting period" means the twelve-month period 36,882
used by a hospital in reporting costs for purposes of Title XVIII 36,884
of the "Social Security Act." 36,885
(D) "Governmental hospital" means a county hospital with 36,887
more than five hundred registered beds or a state-owned and 36,889
-operated hospital with more than five hundred registered beds. 36,890
(E) "Indigent care pool" means the sum of the following: 36,892
(1) The total of assessments to be paid in a program year 36,894
by all hospitals under section 5112.06 of the Revised Code, less 36,895
the assessments deposited into the legislative budget services 36,896
fund under section 5112.19 of the Revised Code; 36,898
(2) The total amount of intergovernmental transfers 36,900
required to be made in the same program year by governmental 36,901
839
hospitals under section 5112.07 of the Revised Code, less the 36,902
amount of transfers deposited into the legislative budget 36,904
services fund under section 5112.19 of the Revised Code; 36,905
(3) The total amount of federal matching funds that will 36,907
be made available in the same program year as a result of 36,908
payments FUNDS DISTRIBUTED BY the department of human services 36,909
makes to hospitals under section 5112.08 of the Revised Code. 36,911
(F) "Intergovernmental transfer" means any transfer of 36,913
money by a governmental hospital under section 5112.07 of the 36,914
Revised Code.
(G) "Medical assistance program" means the program of 36,916
medical assistance established under section 5111.01 of the 36,917
Revised Code and Title XIX of the "Social Security Act." 36,918
(H) "Program year" means a period beginning the first day 36,920
of October, or a later date designated in rules adopted under 36,921
section 5112.03 of the Revised Code, and ending the thirtieth day 36,922
of September, or an earlier date designated in rules adopted 36,923
under that section. 36,924
(I) "Registered beds" means the total number of hospital 36,926
beds registered with the department of health, as reported in the 36,927
most recent "directory of registered hospitals" published by the 36,928
department of health. 36,929
(J) "Total facility costs" means the total costs for all 36,931
services rendered to all patients, including the direct, 36,932
indirect, and overhead cost to the hospital of all services, 36,933
supplies, equipment, and capital related to the care of patients, 36,934
regardless of whether patients are enrolled in a health insuring 36,936
corporation, excluding costs associated with providing skilled 36,938
nursing services in distinct-part nursing facility units, as 36,939
shown on the hospital's cost report filed under section 5112.04 36,940
of the Revised Code. Effective October 1, 1993, if rules adopted 36,941
under section 5112.03 of the Revised Code so provide, "total 36,942
facility costs" may exclude costs associated with providing care 36,943
to recipients of any of the governmental programs listed in 36,944
840
division (B) of that section.
(K) "Uncompensated care" means bad debt and charity care. 36,946
Sec. 5112.03. (A) The director of human services shall 36,955
adopt, and may amend and rescind, rules in accordance with 36,956
Chapter 119. of the Revised Code for the purpose of administering 36,957
sections 5112.01 to 5112.21 of the Revised Code, including rules 36,958
that do all of the following: 36,959
(1) Define as a "disproportionate share hospital" any 36,961
hospital included under subsection (b) of section 1923 of the 36,962
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 36,963
1396r-4(b), as amended, and any other hospital the director 36,964
determines appropriate;
(2) Prescribe the form for submission of cost reports 36,966
under section 5112.04 of the Revised Code; 36,967
(3) Establish, in accordance with division (B)(A) of 36,969
section 5112.06 of the Revised Code, the ASSESSMENT rate of 36,970
hospital assessments OR RATES to be applied TO HOSPITALS under 36,973
that section;
(4) Establish schedules for hospitals to pay installments 36,975
on their assessments under section 5112.06 of the Revised Code 36,976
and for governmental hospitals to pay installments on their 36,977
intergovernmental transfers under section 5112.07 of the Revised 36,978
Code;
(5) Establish procedures to notify hospitals of 36,980
adjustments made under division (C)(B)(2)(b) of section 5112.06 36,982
of the Revised Code in the amount of installments on their
assessment; 36,983
(6) Establish procedures to notify hospitals of 36,985
adjustments made under division (D) of section 5112.09 of the 36,986
Revised Code in the total amount of their assessment and to 36,987
adjust for the remainder of the program year the amount of the 36,988
installments on the assessments; 36,989
(7) Establish, in accordance with section 5112.08 of the 36,991
Revised Code, the methodology for paying hospitals under that 36,992
841
section. 36,993
The director shall consult with hospitals when adopting the 36,995
rules required by divisions (A)(4) and (5) of this section in 36,996
order to minimize hospitals' cash flow difficulties. 36,997
(B) Rules adopted under this section may provide that 36,999
"total facility costs" excludes costs associated with any of the 37,001
following:
(1) Recipients of the medical assistance program; 37,003
(2) Recipients of general assistance medical assistance 37,005
provided under FORMER Chapter 5113. of the Revised Code; 37,007
(3) Recipients of disability assistance medical assistance 37,010
provided under Chapter 5115. of the Revised Code; 37,011
(4) Recipients of the program for medically handicapped 37,013
children established under section 3701.023 of the Revised Code; 37,015
(5) Recipients of the medicare program established under 37,017
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 37,020
U.S.C.A. 301, as amended; 37,021
(6) Recipients of Title V of the "Social Security Act"; 37,024
(7) Any other category of costs deemed appropriate by the 37,026
director in accordance with Title XIX of the "Social Security 37,028
Act" and the rules adopted under that title. 37,029
Sec. 5112.06. (A) For the purpose of making payments 37,038
DISTRIBUTING FUNDS to hospitals under the medical assistance 37,039
program PURSUANT TO SECTIONS 5112.01 TO 5112.21 OF THE REVISED 37,040
CODE, there is hereby imposed on each hospital an assessment on 37,041
total facility costs at a rate to be AN ASSESSMENT ON ALL 37,042
HOSPITALS. EACH HOSPITAL'S ASSESSMENT SHALL BE BASED ON TOTAL 37,043
FACILITY COSTS. ALL HOSPITALS SHALL BE ASSESSED ACCORDING TO THE 37,044
RATE OR RATES established each program year by the department of 37,045
human services, in accordance with division (B) of this section, 37,046
in rules adopted under section 5112.03 of the Revised Code. THE 37,047
(B) The department shall assess each hospital at the same 37,049
rate ALL HOSPITALS UNIFORMLY AND IN A MANNER CONSISTENT WITH 37,050
FEDERAL STATUTES AND REGULATIONS. During any program year, the 37,053
842
department shall not assess hospitals at a rate greater ANY 37,055
HOSPITAL MORE than two per cent of each THE hospital's total 37,058
facility costs.
The department shall establish an assessment rate OR RATES 37,060
each program year that will do both of the following: 37,061
(1) Yield funds that, when combined with intergovernmental 37,063
transfers and federal matching funds, will produce a program of 37,064
sufficient size to pay a substantial portion of the indigent care 37,065
provided by hospitals; 37,066
(2) Yield funds that, when combined with intergovernmental 37,068
transfers and federal matching funds, will produce payments 37,069
AMOUNTS FOR DISTRIBUTION to disproportionate share hospitals that 37,071
do not exceed, in the aggregate, the limits prescribed by the 37,072
United States health care financing administration under 37,074
subparagraph SUBSECTION (f)(2)(A) of section 1923 of the "Social 37,077
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f)(2)(A), 37,080
as amended.
(C)(B)(1) Except as provided in division (C)(B)(3) of this 37,083
section, each hospital shall pay its assessment in periodic 37,084
installments in accordance with a schedule established by the 37,085
director of human services in rules adopted under section 5112.03 37,086
of the Revised Code. 37,087
(2) The installments shall be equal in amount, unless 37,090
either of the following applies:
(a) The department makes adjustments during a program year 37,092
under division (D) of section 5112.09 of the Revised Code in the 37,093
total amount of hospitals' assessments; 37,094
(b) The director of human services determines that 37,096
adjustments in the amounts of installments are necessary for the 37,098
administration of sections 5112.01 to 5112.21 of the Revised Code 37,099
and that unequal installments will not create cash flow 37,100
difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of 37,103
the Revised Code establishing alternate schedules for hospitals 37,104
843
to pay assessments under this section in order to reduce 37,105
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human services may 37,114
require governmental hospitals to make intergovernmental 37,115
transfers each program year. The department shall not require 37,116
transfers in an amount that, when combined with hospital 37,117
assessments paid under section 5112.06 of the Revised Code and 37,118
federal matching funds, produce payments AMOUNTS FOR DISTRIBUTION 37,120
to disproportionate share hospitals that, in the aggregate, 37,121
exceed limits prescribed by the United States health care 37,122
financing administration under subparagraph SUBSECTION (f)(2)(A) 37,123
of section 1923 of the "Social Security Act," 49 Stat. 620 37,125
(1935), 42 U.S.C.A. 1396r-4(f)(2)(A), as amended.
(B) Before or during each program year, the department 37,128
shall notify each governmental hospital of the amount of the 37,129
intergovernmental transfer it is required to make during the 37,130
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 37,131
this section in periodic installments, executed by electronic 37,132
fund transfer, in accordance with a schedule established in rules 37,133
adopted under section 5112.03 of the Revised Code. 37,134
Sec. 5112.08. The director of human services shall adopt 37,143
rules under section 5112.03 of the Revised Code establishing a 37,144
methodology to pay hospitals that is sufficient to expend all 37,145
money in the indigent care pool. Under the rules: 37,146
(A) The department of human services shall MAY classify 37,148
similar hospitals into groups and allocate funds for distribution 37,149
within each group. 37,150
(B) The department shall establish a method of allocating 37,152
funds to each group of hospitals, taking into consideration the 37,153
relative amount of indigent care provided by each HOSPITAL OR 37,154
group OF HOSPITALS. The amount to be allocated to each group 37,156
shall be based on any combination of the following indicators of 37,157
indigent care that the director considers appropriate: 37,158
844
(1) Total costs, volume, or proportion of services to 37,160
recipients of the medical assistance program, including 37,161
recipients enrolled in health insuring corporations; 37,163
(2) Total costs, volume, or proportion of services to 37,165
low-income patients in addition to recipients of the medical 37,166
assistance program, which may include recipients of Title V of 37,168
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 37,170
as amended, general assistance established under FORMER Chapter 37,172
5113. of the Revised Code, and disability assistance established 37,173
under Chapter 5115. of the Revised Code; 37,174
(3) The amount of uncompensated care provided by the 37,176
HOSPITAL OR GROUP OF hospitals; 37,177
(4) Other factors that the director considers to be 37,179
appropriate indicators of indigent care. 37,180
(C) The department shall distribute funds to hospitals in 37,182
each HOSPITAL OR group OF HOSPITALS in a manner that first may 37,183
provide for an additional payment DISTRIBUTION to individual 37,185
hospitals that provide a high proportion of indigent care in 37,187
relation to the total care provided by the hospital or in 37,188
relation to other hospitals. The department shall establish a 37,189
formula to distribute the remainder of the funds allocated to the 37,190
group to all hospitals in the group. The formula shall be 37,191
consistent with section 1923 of the "Social Security Act," 42 37,192
U.S.C.A. 1396r-4, as amended, and shall be based on any 37,195
combination of the indicators of indigent care listed in division 37,196
(B) of this section that the director considers appropriate. 37,197
(D) The department shall make payments DISTRIBUTE FUNDS to 37,199
each hospital in installments not later than ten working days 37,201
after the deadline established in rules for each hospital to pay 37,202
an installment on its assessment under section 5112.06 of the 37,203
Revised Code. In the case of a governmental hospital that makes 37,204
intergovernmental transfers, the department shall pay an 37,205
installment under this section not later than ten working days 37,206
after the earlier of that deadline or the deadline established in 37,207
845
rules for the governmental hospital to pay an installment on its 37,208
intergovernmental transfer. If the amount in the hospital care 37,209
assurance program fund and the hospital care assurance match fund 37,210
created under section 5112.18 of the Revised Code is insufficient 37,211
to make the total payments DISTRIBUTIONS for which hospitals are 37,212
eligible to receive in any period, the department shall reduce 37,214
the amount of each payment DISTRIBUTION by the percentage by 37,215
which the amount is insufficient. The department shall pay 37,217
DISTRIBUTE TO hospitals any amounts not paid DISTRIBUTED in the 37,219
period in which they are due as soon as moneys are available in 37,220
the funds.
Sec. 5112.09. (A) Before or during each program year, the 37,229
department of human services shall mail to each hospital by 37,232
certified mail, return receipt requested, the preliminary
determination of the amount that the hospital is assessed under 37,234
section 5112.06 of the Revised Code during the program year. The 37,235
department shall make the preliminary determination of each A 37,236
hospital's assessment by multiplying the rate established under 37,238
division (B) of section 5112.06 of the Revised Code by the 37,241
hospital's total facility costs for the hospital's most recent 37,242
fiscal year ending in the calendar year preceding the first day 37,243
of July, except that:
(1) In the program year ending in 1995, the department 37,245
shall multiply the rate by the hospital's total facility costs 37,246
for the hospital's cost reporting period ending in state fiscal 37,247
year 1994;
(2) In program years ending in 1996 and thereafter, the 37,249
department shall multiply the rate by the hospital's total 37,250
facility costs SHALL BE CALCULATED for a cost-reporting period 37,253
THAT IS specified in rules adopted under section 5112.03 of the
Revised Code. 37,254
The department shall consult with hospitals each year when 37,256
determining the date on which it will mail the preliminary 37,257
determinations in order to minimize hospitals' cash flow 37,258
846
difficulties.
If no hospital submits a request for reconsideration under 37,260
division (B) of this section, the preliminary determination 37,261
constitutes the final reconciliation of each hospital's 37,262
assessment under section 5112.06 of the Revised Code. The final 37,263
reconciliation is subject to adjustments under division (D) of 37,264
this section. 37,265
(B) Not later than fourteen days after the preliminary 37,267
determinations are mailed, any hospital may submit to the 37,270
department a written request to reconsider the preliminary 37,271
determinations. The request shall be accompanied by written 37,272
materials setting forth the basis for the reconsideration. If 37,273
one or more hospitals submit a request, the department shall hold 37,274
a public hearing not later than thirty days after the preliminary 37,275
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 37,276
written notice of the date, time, and place of the hearing at 37,277
least ten days prior to the hearing. On the basis of the 37,278
evidence submitted to the department or presented at the public 37,279
hearing, the department shall reconsider and may adjust the 37,280
preliminary determinations. The result of the reconsideration is 37,281
the final reconciliation of the hospital's assessment under 37,282
section 5112.06 of the Revised Code. The final reconciliation is 37,283
subject to adjustments under division (D) of this section. 37,284
(C) The department shall mail to each hospital a written 37,287
notice of its assessment for the program year under the final 37,288
reconciliation. A hospital may appeal the final reconciliation 37,290
of its assessment to the court of common pleas of Franklin 37,291
county. While a judicial appeal is pending, the hospital shall 37,292
pay, in accordance with the schedules required by division (C)(B) 37,293
of section 5112.06 of the Revised Code, any amount of its 37,294
assessment that is not in dispute into the hospital care 37,295
assurance program fund created in section 5112.18 of the Revised
Code.
847
(D) In the course of any program year, the department may 37,297
adjust the assessment rate OR RATES established in rules pursuant 37,298
to section 5112.06 of the Revised Code or adjust the amounts of 37,299
intergovernmental transfers required under section 5112.07 of the 37,300
Revised Code and, as a result of the adjustment, adjust each 37,302
hospital's assessment and intergovernmental transfer, to reflect 37,303
refinements made by the United States health care financing 37,304
administration during that program year to the limits it 37,305
prescribed under subparagraph SUBSECTION (f)(2)(A) of section 37,307
1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 37,310
U.S.C.A. 1396r-4(f)(2)(A), as amended. An WHEN adjusted, THE 37,312
assessment rate OR RATES must comply with division (B)(A) of 37,314
section 5112.06 of the Revised Code. An adjusted 37,316
intergovernmental transfer must comply with division (A) of 37,318
section 5112.07 of the Revised Code. The department shall notify 37,319
hospitals of adjustments made under this division and adjust for
the remainder of the program year the installments paid by 37,321
hospitals under sections 5112.06 and 5112.07 of the Revised Code
in accordance with rules adopted under section 5112.03 of the 37,322
Revised Code.
Sec. 5112.17. (A) As used in this section: 37,331
(1) "Federal poverty guideline" means the official poverty 37,333
guideline as revised annually by the United States secretary of 37,334
health and human services in accordance with section 673 of the 37,335
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 37,336
U.S.C.A. 9902, as amended, for a family size equal to the size of 37,337
the family of the person whose income is being determined. 37,338
(2) "Third-party payer" means any private or public entity 37,340
or program that may be liable by law or contract to make payment 37,341
to or on behalf of an individual for health care services. 37,342
"Third-party payer" does not include a hospital. 37,343
(B) Each hospital that receives payments FUNDS DISTRIBUTED 37,345
under sections 5112.01 to 5112.21 of the Revised Code shall 37,347
provide, without charge to the individual, basic, medically 37,348
848
necessary hospital-level services to individuals who are 37,349
residents of this state, are not recipients of the medical
assistance program, and whose income is at or below the federal 37,351
poverty guideline. Recipients of disability assistance under 37,354
Chapter 5115. of the Revised Code qualify for services under this 37,355
section. The department of human services shall adopt rules 37,356
under section 5112.03 of the Revised Code specifying the hospital 37,357
services to be provided under this section. 37,358
(C) BEFORE USING A PORTION OF THE FUNDS RECEIVED UNDER 37,360
SECTIONS 5112.01 TO 5112.21 OF THE REVISED CODE AS THE SOURCE OF 37,361
REIMBURSEMENT FOR PROVIDING HOSPITAL SERVICES TO AN INDIVIDUAL, A 37,362
HOSPITAL MAY TAKE ACTIONS TO ENSURE THAT THERE IS NO OTHER 37,363
THIRD-PARTY PAYER AVAILABLE NOTHING IN THIS SECTION SHALL BE 37,364
CONSTRUED TO PREVENT A HOSPITAL FROM REQUIRING AN INDIVIDUAL TO
APPLY FOR ELIGIBILITY UNDER THE MEDICAL ASSISTANCE PROGRAM BEFORE 37,365
THE HOSPITAL PROCESSES AN APPLICATION UNDER THIS SECTION. 37,366
Hospitals may bill any third-party payer for services rendered 37,369
under this section. Hospitals may bill the medical assistance 37,370
program, in accordance with Chapter 5111. of the Revised Code and 37,371
the rules adopted under that chapter, for services rendered under 37,372
this section if the individual becomes a recipient of the 37,373
program. Hospitals may bill individuals for services under this 37,374
section if all of the following apply:
(1) The hospital has an established post-billing procedure 37,376
for determining the individual's income and canceling the charges 37,377
if the individual is found to qualify for services under this 37,378
section. 37,379
(2) The initial bill, and at least the first follow-up 37,381
bill, is accompanied by a written statement that does all of the 37,382
following: 37,383
(a) Explains that individuals with income at or below the 37,385
federal poverty guideline are eligible for services without 37,386
charge; 37,387
(b) Specifies the federal poverty guideline for 37,389
849
individuals and families of various sizes at the time the bill is 37,390
sent; 37,391
(c) Describes the procedure required by division (C)(1) of 37,393
this section. 37,394
(3) The hospital complies with any additional rules the 37,396
department adopts under section 5112.03 of the Revised Code. 37,397
Notwithstanding division (B) of this section, a hospital 37,399
providing care to an individual under this section is subrogated 37,400
to the rights of any individual to receive compensation or 37,401
benefits from any person or governmental entity for the hospital 37,402
goods and services rendered. 37,403
(D) Each hospital shall collect and report to the 37,405
department, in the form and manner prescribed by the department, 37,406
information on the number and identity of patients served 37,407
pursuant to this section. 37,408
(E) This section applies beginning May 22, 1992, 37,410
regardless of whether the department has adopted rules specifying 37,411
the services to be provided. Nothing in this section alters the 37,412
scope or limits the obligation of any governmental entity or 37,413
program, including the program awarding reparations to victims of 37,414
crime under sections 2743.51 to 2743.72 of the Revised Code and 37,415
the program for medically handicapped children established under 37,417
section 3701.023 of the Revised Code, to pay for hospital 37,418
services in accordance with state or local law. 37,419
Sec. 5112.18. (A) Except as provided in section 5112.19 37,428
of the Revised Code, all payments of assessments by hospitals 37,429
under section 5112.06 of the Revised Code and all 37,430
intergovernmental transfers under section 5112.07 of the Revised 37,431
Code shall be deposited in the state treasury to the credit of 37,432
the hospital care assurance program fund, hereby created. All 37,433
investment earnings of the hospital care assurance program fund 37,434
shall be credited to the fund. The department of human services 37,435
shall maintain records that show the amount of money in the 37,436
hospital care assurance program fund at any time that has been 37,437
850
paid by each hospital and the amount of any investment earnings 37,438
on that amount. All moneys credited to the hospital care 37,439
assurance program fund shall be used solely to make payments to 37,440
hospitals under division (D) of this section and section 5112.08 37,442
of the Revised Code.
(B) All federal matching funds received as a result of 37,444
payments the department makes DISTRIBUTING FUNDS from the 37,445
hospital care assurance program fund to hospitals under section 37,447
5112.08 of the Revised Code shall be credited to the hospital 37,448
care assurance match fund, which is hereby created in the state 37,449
treasury. All money credited to the hospital care assurance 37,450
match fund shall be used solely to make payments FOR DISTRIBUTING 37,451
FUNDS to hospitals under section 5112.08 of the Revised Code. 37,453
(C) All payments DISTRIBUTIONS OF FUNDS to hospitals under 37,455
section 5112.08 of the Revised Code are conditional on: 37,457
(1) Expiration of the time for appeals under section 37,459
5112.09 of the Revised Code without the filing of an appeal, or 37,460
on court determinations, in the event of appeals, that the 37,461
hospital is entitled to the payments FUNDS; 37,462
(2) The availability of sufficient moneys in the hospital 37,464
care assurance program fund and the hospital care assurance match 37,465
fund to make DISTRIBUTE the payments FUNDS after the final 37,467
determination of any appeals; 37,468
(3) The hospital's compliance with section 5112.17 of the 37,470
Revised Code.
(D) If an audit conducted by the department of the amounts 37,472
of payments made and FUNDS received by hospitals under sections 37,473
5112.06, 5112.07, and 5112.08 of the Revised Code identifies 37,474
amounts that, due to errors by the department, a hospital should 37,475
not have been required to pay but did pay, should have been 37,476
required to pay but did not pay, should not have received but did 37,477
receive, or should have received but did not receive, the 37,478
department shall: 37,479
(1) Make payments to any hospital that the audit reveals 37,481
851
paid amounts it should not have been required to pay or did not 37,482
receive amounts it should have received; 37,483
(2) Take action to recover from a hospital any amounts 37,485
that the audit reveals it should have been required to pay but 37,486
did not pay or that it should not have received but did receive. 37,487
Payments made under division (D)(1) of this section shall 37,489
be made from the hospital care assurance program fund. Amounts 37,490
recovered under division (D)(2) of this section shall be 37,491
deposited to the credit of that fund. Any hospital may appeal 37,492
the amount the hospital is to be paid under division (D)(1) or 37,493
the amount that is to be recovered from the hospital under 37,494
division (D)(2) of this section to the court of common pleas of 37,495
Franklin county. 37,496
Sec. 5115.01. (A) There is hereby established the 37,505
disability assistance program. Except as provided in division 37,506
(D) of this section, a disability assistance recipient shall 37,508
receive financial assistance. Except as provided in section 37,509
5115.11 of the Revised Code, a disability assistance recipient 37,510
also shall receive disability assistance medical assistance. 37,511
Except as provided by division (B) of this section, a 37,513
person who meets all of the following requirements is eligible 37,514
for disability assistance: 37,515
(1) The person is ineligible to participate in the Ohio 37,517
works first program established under Chapter 5107. of the 37,520
Revised Code and to receive supplemental security income provided 37,522
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 37,523
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 37,525
(a) Under age eighteen; 37,527
(b) Age sixty or older; 37,529
(c) Pregnant; 37,531
(d) Unable to do any substantial or gainful activity by 37,533
reason of a medically determinable physical or mental impairment 37,534
that can be expected to result in death or has lasted or can be 37,535
852
expected to last for not less than nine months;
(e) An active participant in A RESIDENT OF A RESIDENTIAL 37,538
TREATMENT CENTER CERTIFIED AS an alcohol or drug addiction 37,539
program certified by the department of alcohol and drug addiction 37,540
services under section 3793.06 of the Revised Code, including a 37,541
former recipient of supplemental security income who lost 37,542
eligibility for that program because of the enactment of 37,543
paragraph (b)(1) of section 105 of the "Contract With America 37,546
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 37,551
A person on a waiting list to participate in an alcohol or drug 37,553
addiction program, or otherwise not participating in a program 37,554
while waiting for treatment services at a program to become 37,555
available, is not an active participant. 37,556
(f) Medication dependent as determined by a physician, as 37,558
defined in section 4730.01 of the Revised Code, who has certified 37,559
to the county department of human services that the person is 37,560
receiving ongoing treatment for a chronic medical condition 37,561
requiring continuous prescription medication for an indefinite, 37,562
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 37,563
of employability lasting at least nine months. 37,564
(3) The person meets the eligibility requirements 37,566
established by the department of human services in rules adopted 37,567
under section 5115.05 of the Revised Code. 37,568
(B)(1) A person is ineligible for disability assistance if 37,570
the person is ineligible to participate in the Ohio works first 37,573
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 37,577
Code;
(b) The person's extended eligibility to participate in 37,580
the Ohio works first program made possible by the earned income 37,581
disregard established under division (D)(2) of section 5107.10 of 37,583
the Revised Code has ceased due to the limited number of months 37,584
the disregard is applied;
853
(c) The time limit established by section 5107.18 of the 37,587
Revised Code;
(d)(c) Failure to comply with an application or 37,589
verification procedure; 37,590
(e)(d) The fraud control program established pursuant to 37,593
45 C.F.R. 235.112, as in effect July 1, 1996. 37,594
(2) A person under age eighteen is ineligible for 37,596
disability assistance pursuant to division (B)(1)(a) of this 37,598
section only if the person caused the assistance group to be 37,599
ineligible to participate in the Ohio works first program or 37,601
resides with a person age eighteen or older who was a member of 37,602
the same ineligible assistance group. A person age eighteen or 37,603
older is ineligible for disability assistance pursuant to 37,604
division (B)(1)(a) of this section regardless of whether the 37,605
person caused the assistance group to be ineligible to 37,606
participate in the Ohio works first program.
(C) The county department of human services that serves 37,609
the county in which a person receiving disability assistance 37,610
pursuant to division (A)(2)(e) of this section participates in an 37,612
alcohol or drug addiction program shall designate a 37,613
representative payee for purposes of receiving and distributing 37,614
financial assistance provided under the disability assistance 37,615
program to the person.
(D) A person eligible for disability assistance pursuant 37,617
to division (A)(2)(f) of this section shall not receive financial 37,618
assistance.
(E) The department shall adopt rules in accordance with 37,620
section 111.15 of the Revised Code defining terms and 37,621
establishing standards for determining whether a person meets a 37,622
condition of disability assistance eligibility pursuant to this 37,623
section.
Sec. 5117.07. (A) On or before the first day of October, 37,632
the tax commissioner shall review all applications submitted 37,633
under division (C) of section 5117.03 of the Revised Code and 37,634
854
shall determine the eligibility of each applicant to receive a 37,635
credit or payment. THE TOTAL INCOME AND CURRENT TOTAL INCOME 37,636
AMOUNTS SET FORTH IN DIVISION (A) OF THIS SECTION ARE SUBJECT TO 37,637
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 37,638
(1) An applicant is eligible for a credit of thirty per 37,640
cent if the applicant is a head of household, has a total income 37,641
of five thousand dollars or less or a current total income of two 37,642
thousand five hundred dollars or less, owns and occupies or rents 37,643
and occupies a household receiving the source of energy for its 37,644
primary heating system from an energy company and such energy is 37,645
separately metered, and is either of the following: 37,646
(a) Sixty-five years of age or older; 37,648
(b) Permanently and totally disabled. 37,650
(2) An applicant is eligible for a credit of twenty-five 37,652
per cent if the applicant is a head of household, has a total 37,653
income of more than five thousand dollars but not more than nine 37,654
thousand dollars or a current total income of more than two 37,655
thousand five hundred dollars but not more than four thousand 37,656
five hundred dollars, is sixty-five years of age or older or 37,657
permanently and totally disabled, and owns and occupies or rents 37,658
and occupies a household receiving the source of energy for its 37,659
primary heating system from an energy company and such energy is 37,660
separately metered. 37,661
(3) An applicant is eligible for a payment if either of 37,663
the following applies to the applicant: 37,664
(a) He THE APPLICANT would be eligible for the credit 37,666
under division (A)(1) or (2) of this section but for the fact 37,668
that the source of energy for the primary heating system of the 37,669
applicant's household is not separately metered; 37,670
(b) He THE APPLICANT is a head of household, has a total 37,672
income of no more than nine thousand dollars or a current total 37,674
income of no more than four thousand five hundred dollars, is 37,675
sixty-five years of age or older or permanently and totally 37,676
disabled, and owns and occupies or rents and occupies a household 37,677
855
receiving the source of energy for its primary heating system 37,678
from an energy dealer.
(4) In the case of a multiple unit dwelling for which 37,680
separate metering for the source of energy for its primary 37,681
heating system is not provided, more than one applicant occupying 37,682
such dwelling may be determined eligible for a payment under 37,683
division (A)(3)(a) of this section. 37,684
(B) Notwithstanding division (A) of this section: 37,686
(1) No head of household who resides in public housing or 37,688
receives a rent subsidy from a government agency is eligible for 37,689
a credit or payment unless the person's rent subsidy does not 37,690
reflect the costs of his THAT PERSON'S household receiving the 37,691
source of energy for its primary heating system; 37,693
(2) A resident of a nursing home, hospital, or other 37,695
extended health care facility is not eligible for a credit or 37,696
payment for the costs of providing the source of energy for the 37,697
primary heating system of the facility. 37,698
(C) The tax commissioner shall establish a procedure 37,700
whereby he THE COMMISSIONER can verify total income and current 37,701
total income for the calendar year in which an applicant is 37,703
determined eligible for a payment or credit. If a person 37,704
receives a credit or payment that he THE PERSON is ineligible to 37,705
receive under division (A) of this section, that person shall 37,707
refund to the tax commissioner the credit or payment, or excess 37,708
portion of a credit or payment, he THAT PERSON received. The sum 37,709
refunded shall be deposited in the state treasury to the credit 37,711
of the general revenue fund.
(D) The tax commissioner may request an additional 37,713
certification of permanent and total disability for any applicant 37,714
claiming such status on an application renewal form submitted 37,715
under section 5117.03 of the Revised Code. Such certification 37,716
shall be requested from the person or agency named on the form 37,717
pursuant to division (B)(1) of section 5117.03 of the Revised 37,718
Code. If such additional certification is refused due to a 37,719
856
conclusion by the person or agency that the applicant is not 37,720
permanently and totally disabled, the commissioner shall 37,721
determine the applicant ineligible for any credit or payment. If 37,722
such additional certification is unavailable or refused for any 37,723
other reason, the tax commissioner may determine the applicant to 37,724
be eligible for a credit or payment provided he THE COMMISSIONER 37,725
has good cause to believe the applicant is permanently and 37,727
totally disabled.
(E) On or before the first day of October, the tax 37,729
commissioner shall notify each applicant of the disposition of 37,730
his THE APPLICANT'S application under divisions (A) and (B) of 37,731
this section. At the same time, he THE TAX COMMISSIONER shall 37,733
notify the applicant, regardless of whether his THE APPLICANT'S 37,735
application is approved or disapproved, that the applicant may be 37,737
eligible to participate in a state or federal weatherization 37,738
program and should contact his THE APPLICANT'S community action 37,739
agency for further information. If an application is 37,740
disapproved, the applicant may appeal to the tax commissioner for 37,741
a hearing on the matter. A notice of disapproval shall include a 37,742
detailed explanation of the applicant's right of appeal under 37,743
this chapter. Any such appeal shall be on an appeal form 37,744
prescribed by the tax commissioner and shall be filed with the 37,745
tax commissioner within twenty days of the receipt of the notice 37,746
of disapproval. 37,747
Sec. 5117.071. (A) EACH YEAR, THE TAX COMMISSIONER SHALL 37,749
ADJUST THE TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 37,751
5117.09 OF THE REVISED CODE BY COMPLETING THE FOLLOWING STEPS: 37,752
(1) DETERMINE THE PERCENTAGE INCREASE IN THE GROSS 37,754
DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC 37,755
ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE 37,756
PRECEDING YEAR; 37,757
(2) MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL 37,759
INCOME AMOUNTS FOR THE PRECEDING YEAR; 37,760
(3) ADD THE RESULTING PRODUCTS TO EACH OF THE TOTAL INCOME 37,762
857
AMOUNTS FOR THE PRECEDING YEAR; 37,763
(4) ROUND THE RESULTING SUMS UPWARD TO THE NEAREST 37,765
MULTIPLE OF TEN DOLLARS. 37,766
THE COMMISSIONER SHALL NOT MAKE THE ADJUSTMENT IN ANY YEAR 37,768
IN WHICH THE AMOUNTS RESULTING FROM THE ADJUSTMENT WOULD BE LESS 37,769
THAN THE TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR. 37,771
(B) EACH YEAR, THE TAX COMMISSIONER ALSO SHALL ADJUST THE 37,774
CURRENT TOTAL INCOME AMOUNTS SET FORTH IN SECTIONS 5117.07 AND 37,775
5117.09 OF THE REVISED CODE. FOR ANY YEAR, THE CURRENT TOTAL
INCOME AMOUNTS SHALL EQUAL ONE-HALF OF THE RESPECTIVE TOTAL 37,776
INCOME AMOUNTS SET FORTH IN THOSE SECTIONS AND ADJUSTED UNDER 37,777
DIVISION (A) OF THIS SECTION FOR THAT YEAR. 37,778
(C) THE TAX COMMISSIONER AND EACH ENERGY COMPANY AND 37,780
ENERGY DEALER SHALL USE THE ADJUSTED TOTAL INCOME AND CURRENT 37,781
TOTAL INCOME AMOUNTS DETERMINED UNDER THIS SECTION IN PERFORMING 37,783
THEIR DUTIES UNDER SECTIONS 5117.01 TO 5117.12 OF THE REVISED 37,784
CODE.
Sec. 5117.09. (A)(1) With respect to each of its 37,793
residential customers, every energy company shall, after receipt 37,794
of a certification list provided under division (A) of section 37,795
5117.08 of the Revised Code, cause the granting of a credit in 37,796
accordance with this section against the monthly billing of each 37,797
household appearing on the list except as provided in division 37,798
(A) of section 5117.08 of the Revised Code. In the case of an 37,799
applicant who has a total income of five thousand dollars or less 37,800
or a current total income of two thousand five hundred dollars or 37,801
less, the credit shall amount to thirty per cent of the current 37,802
monthly bill rendered to such household by the company for the 37,803
billing months of December, January, February, March, and April 37,804
following the receipt of a list on which the household appears. 37,805
In the case of an applicant who has a total income of more than 37,806
five thousand dollars but not more than nine thousand dollars or 37,807
a current total income of more than two thousand five hundred 37,808
dollars but not more than four thousand five hundred dollars, the 37,809
858
credit shall amount to twenty-five per cent of the current 37,810
monthly bill rendered to such household by the company for the 37,811
billing months of December, January, February, March, and April 37,812
following the receipt of a list on which the household appears. 37,813
If purchased power costs are incurred by an energy company during 37,814
the billing month for which a credit is provided under this 37,815
division, the credit shall also be applied to such costs, whether 37,816
or not the costs are charged to a current montly MONTHLY bill for 37,817
such months. 37,818
(2) THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 37,820
FORTH IN DIVISION (A)(1) OF THIS SECTION ARE SUBJECT TO 37,821
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 37,822
(B) Every energy company shall read the meter of each of 37,824
its qualified residential customers who may receive a credit 37,825
under division (A) of this section at least one time for the 37,826
service period of November and at least one time in the service 37,827
period for the current monthly bill rendered for the billing 37,828
month of April. In the event a company is unable to read a meter 37,829
because of failure to gain access after a good faith effort or 37,830
because a certification list was supplied to the utility fewer 37,831
than thirty days prior to the normal date of meter reading, the 37,832
company may render a calculated bill. In such instances the 37,833
company shall make an adjustment to the amount of the credit 37,834
granted to the customer based upon the next actual reading of the 37,835
meter if the reading shows the previous calculation to have been 37,836
in error and set forth the amount of such adjustments in the 37,837
report required to be filed with the tax commissioner under 37,838
division (D) of this section. 37,839
(C) On each billing that is subject to a credit under 37,841
division (A) of this section, there shall appear in ten-point 37,842
type both the amount of the credit and to the left of such amount 37,843
"Ohio Energy Credit." 37,844
(D) On or before the fifteenth day of each month following 37,846
one in which credits were provided under division (A) of this 37,847
859
section, each energy company shall, on a form prescribed by the 37,848
tax commissioner and requesting information that he THE 37,849
COMMISSIONER determines is necessary for the purpose of verifying 37,851
the propriety of the payment of credits, certify to the 37,852
commissioner the total amount of all credits it granted pursuant 37,853
to division (A) of this section during the preceding month. Not 37,854
later than thirty days after his receipt of such certification, 37,855
the commissioner shall pay the company the amount certified. If 37,856
the commissioner determines that a company previously received 37,857
amounts greater than the amounts of credits properly granted, 37,858
such company, upon notice from the commissioner, shall reimburse 37,859
the commissioner in the amount of the overpayments. Such 37,860
reimbursements shall be deposited in the general revenue fund. 37,861
(E)(1) Any energy company that purposely fails to grant 37,863
the credit provided under division (A) of this section is liable 37,864
to each person entitled to the credit and certified to the 37,865
company by the tax commissioner pursuant to division (A) of 37,866
section 5117.08 of the Revised Code in treble the amount of the 37,867
total credit not granted. The consumers' counsel may, on behalf 37,868
of any person or persons not granted the credit, bring an action 37,869
to recover such treble damages in the court of common pleas of 37,870
the county in which is located the office of the company nearest 37,871
the household of any such person or persons. The consumers' 37,872
counsel may also, on behalf of any persons not granted the 37,873
credit, bring a class action to recover such treble damages in 37,874
the court of common pleas of any county in which is located an 37,875
office of the company and, if feasible, in which is located a 37,876
significant number of members of the class. Any treble damage 37,877
recovery under this division does not, in any manner, diminish 37,878
any other liability provided under sections 5117.01 to 5117.12 of 37,879
the Revised Code. Clerical errors shall not be considered an 37,880
offense or incur liability under this division. 37,881
(2) An action shall be brought by the consumers' counsel 37,883
under division (E)(1) of this section only after he THE 37,884
860
CONSUMERS' COUNSEL has made a good faith attempt to dispose of 37,886
the claim by settlement, including a good faith request for only 37,887
such information in the possession of an energy company as is 37,888
needed to determine the existence or extent of such a right of 37,889
action.
(3) Nothing in division (E)(1) of this section shall be 37,891
construed to prevent persons acting without the assistance of the 37,892
consumers' counsel from bringing an action or class action under 37,893
such division. 37,894
Sec. 5119.16. The EXCEPT AS OTHERWISE PROVIDED IN DIVISION 37,903
(G) OF THIS SECTION, THE department of mental health is hereby 37,904
designated to provide certain goods and services for the 37,905
department of mental health, the department of mental retardation 37,906
and developmental disabilities, the department of rehabilitation 37,907
and correction, the department of youth services, and other 37,908
state, county, or municipal agencies requesting such THESE goods 37,909
and services when the department of mental health determines that 37,911
it is in the public interest, and considers it advisable, to 37,912
provide these goods and services. The department of mental 37,913
health also may provide goods and services to agencies operated 37,914
by the United States government and to public or private 37,915
nonprofit agencies funded in whole or in part by the state if the 37,916
public or private nonprofit agencies are designated for 37,917
participation in this program by the director of mental health 37,918
for community mental health agencies, the director of mental 37,919
retardation and developmental disabilities for community mental 37,920
retardation and developmental disabilities agencies, the director 37,921
of rehabilitation and correction for community rehabilitation and 37,922
correction agencies, or the director of youth services for 37,923
community youth services agencies. The director of aging may 37,924
designate for participation community agencies holding a contract 37,925
with an area agency on aging established under the "Older 37,926
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. 37,927
Designated community agencies shall receive goods and services 37,928
861
through the department of mental health only in those cases where 37,929
the designating state agency certifies that providing such THE 37,930
goods and services to the agency will conserve public resources 37,932
to the benefit of the public and where the provision of such THE 37,933
goods and services is considered feasible by the department of 37,935
mental health. 37,936
Purchases of goods or services under this section are not 37,938
subject to section 307.86 of the Revised Code. 37,939
(A) The goods and services to be provided by the 37,941
department of mental health may include THE FOLLOWING: 37,942
(1) Procurement, storage, processing, and distribution of 37,944
food and professional consultation on food operations; 37,945
(2) Procurement, storage, and distribution of medical and 37,947
laboratory supplies, dental supplies, medical records, forms, 37,948
optical supplies, and sundries, subject to section 5120.135 of 37,950
the Revised Code;
(3) Procurement, storage, repackaging, distribution, and 37,952
dispensing of drugs, the provision of professional pharmacy 37,953
consultation, and drug information services; 37,954
(4) Other goods and services as may be agreed to. 37,956
(B) The department of mental health shall provide the 37,958
goods and services designated in division (A) of this section to 37,959
its institutions and to state-operated community-based mental 37,960
health services. 37,961
(C) After consultation with and advice from the director 37,963
of mental retardation and developmental disabilities, the 37,964
director of rehabilitation and correction, and the director of 37,965
youth services AND EXCEPT AS OTHERWISE PROVIDED IN DIVISION (G) 37,966
OF THIS SECTION, the department of mental health shall provide 37,967
the goods and services designated in division (A) of this section 37,968
to the department of mental retardation and developmental 37,969
disabilities, the department of rehabilitation and correction, 37,970
and the department of youth services. 37,971
(D) The cost of administration of this section shall be 37,973
862
determined by the department of mental health and paid by the 37,974
agencies receiving the goods and services to the department for 37,975
deposit in the state treasury to the credit of the mental health 37,976
fund, which is hereby created. The fund shall be used to pay the 37,977
cost of administration of this section to the department. 37,978
(E) If the goods or services designated in division (A) of 37,980
this section are not provided in a satisfactory manner by the 37,981
department of mental health, the director of mental retardation 37,982
and developmental disabilities, the director of rehabilitation 37,983
and correction, the director of youth services, or the managing 37,984
officer of a department of mental health institution shall 37,985
attempt to resolve unsatisfactory service with the director of 37,986
mental health. If, after such THE attempt, the provision of 37,987
goods or services continues to be unsatisfactory, the director or 37,989
officer shall notify the director of mental health. If within 37,990
thirty days of such AFTER THE notice the department of mental 37,991
health does not provide the specified goods and services in a 37,993
satisfactory manner, the director of mental retardation and 37,994
developmental disabilities, the director of rehabilitation and 37,995
correction, the director of youth services, or the managing 37,996
officer of the department of mental health institution shall 37,997
notify the director of mental health of the director's or 37,998
managing officer's intent to cease purchasing goods and services 38,000
from the department. Following a sixty-day cancellation period 38,001
from the date of such THAT notice, the department of mental 38,003
retardation, department of rehabilitation and correction, 38,004
department of youth services, or the department of mental health 38,005
institution may obtain the goods and services from a source other 38,006
than the department of mental health, if the department certifies 38,007
to the department of administrative services that the 38,008
requirements of this division have been met. 38,009
(F) Whenever a state agency fails to make a payment for 38,011
goods and services provided under this section within thirty-one 38,012
days after the date the payment was due, the office of budget and 38,013
863
management may transfer moneys from the state agency to the 38,014
department of mental health. The amount transferred shall not 38,015
exceed the amount of overdue payments. Prior to making a 38,016
transfer under this division, the office of budget and management 38,017
shall apply any credits the state agency has accumulated in 38,018
payments for goods and services provided under this section. 38,019
(G) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 38,021
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 38,022
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 38,023
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 38,024
Sec. 5119.22. (A)(1) As used in this section: 38,035
(a) "Mental health agency" means a community mental health 38,037
agency as defined in division (H) of section 5122.01 of the 38,038
Revised Code, or a community mental health facility certified by 38,039
the department of mental health pursuant to division (I) of 38,040
section 5119.01 of the Revised Code. 38,041
(b) "Mental health services" means any of the services 38,043
listed in section 340.09 of the Revised Code. 38,044
(c) "Personal care services" means services including, but 38,046
not limited to, the following: 38,047
(i) Assisting residents with activities of daily living; 38,049
(ii) Assisting residents with self-administration of 38,051
medication in accordance with rules adopted under this section; 38,052
(iii) Preparing special diets, other than complex 38,054
therapeutic diets, for residents pursuant to the instructions of 38,055
a physician or a licensed dietitian, in accordance with rules 38,056
adopted under this section. 38,057
"Personal care services" does not include "skilled nursing 38,059
care" as defined in section 3721.01 of the Revised Code. A 38,060
facility need not provide more than one of the services listed in 38,061
division (A)(1)(c) of this section to be considered to be 38,062
providing personal care services. 38,063
(d) "Residential facility" means a publicly or privately 38,065
operated home or facility that provides one of the following: 38,066
864
(i) Room and board, personal care services, and mental 38,068
health services to one or more persons with mental illness or 38,069
persons with severe mental disabilities who are referred by or 38,070
are receiving mental health services from a mental health agency, 38,071
hospital, or practitioner; 38,072
(ii) Room and board and personal care services to one or 38,074
two persons with mental illness or persons with severe mental 38,075
disabilities who are referred by or are receiving mental health 38,076
services from a mental health agency, hospital, or practitioner; 38,077
(iii) Room and board to five or more persons with mental 38,079
illness or persons with severe mental disabilities who are 38,080
referred by or are receiving mental health services from a mental 38,081
health agency, hospital, or practitioner. 38,082
The following are not residential facilities: the 38,084
residence of a relative or guardian of a mentally ill individual, 38,085
a hospital subject to licensure under section 5119.20 of the 38,086
Revised Code, a residential facility as defined in section 38,087
5123.19 of the Revised Code, a facility providing care for a 38,088
child in the custody of a public children services agency or a 38,090
private agency certified under section 5103.03 of the Revised 38,091
Code, a foster care facility subject to section 5103.03 of the 38,093
Revised Code, an adult care facility subject to licensure under 38,094
Chapter 3722. of the Revised Code, and a nursing home, 38,095
residential care facility, or home for the aging subject to 38,096
licensure under section 3721.02 of the Revised Code. 38,097
(2) Nothing in division (A)(1)(d) of this section shall be 38,099
construed to permit personal care services to be imposed on a 38,100
resident who is capable of performing the activity in question 38,101
without assistance. 38,102
(3) Except in the case of a residential facility described 38,104
in division (A)(1)(d)(i) of this section, members of the staff of 38,105
a residential facility shall not administer medication to 38,106
residents, all medication taken by residents of a residential 38,107
facility shall be self-administered, and no person shall be 38,108
865
admitted to or retained by a residential facility unless the 38,109
person is capable of taking the person's own medication and 38,110
biologicals, as determined in writing by the person's personal 38,111
physician. Members of the staff of a residential facility may do 38,112
any of the following: 38,113
(a) Remind a resident when to take medication and watch to 38,115
ensure that the resident follows the directions on the container; 38,116
(b) Assist a resident in the self-administration of 38,118
medication by taking the medication from the locked area where it 38,119
is stored, in accordance with rules adopted pursuant to this 38,120
section, and handing it to the resident. If the resident is 38,121
physically unable to open the container, a staff member may open 38,122
the container for the resident. 38,123
(c) Assist a physically impaired but mentally alert 38,125
resident, such as a resident with arthritis, cerebral palsy, or 38,126
Parkinson's disease, in removing oral or topical medication from 38,127
containers and in consuming or applying the medication, upon 38,128
request by or with the consent of the resident. If a resident is 38,129
physically unable to place a dose of medicine to the resident's 38,131
mouth without spilling it, a staff member may place the dose in a 38,132
container and place the container to the mouth of the resident. 38,133
(B) Every person operating or desiring to operate a 38,135
residential facility shall apply for licensure of the facility to 38,136
the department of mental health and shall send a copy of the 38,137
application to the board of alcohol, drug addiction, and mental 38,138
health services whose service district includes the county in 38,139
which the person operates or desires to operate a residential 38,140
facility. The board shall review such applications and recommend 38,141
approval or disapproval to the department. Each recommendation 38,142
shall be consistent with the board's community mental health 38,143
plan. 38,144
(C) The department of mental health shall inspect and 38,146
license the operation of residential facilities. The department 38,147
shall consider the past record of the facility and the applicant 38,148
866
or licensee in arriving at its licensure decision. The 38,149
department may issue full, probationary, and interim licenses. A 38,150
full license shall expire one year TWO YEARS after the date of 38,151
issuance, a probationary license shall expire in a shorter period 38,153
of time as prescribed by rule adopted by the director of mental 38,154
health pursuant to Chapter 119. of the Revised Code, and an 38,155
interim license shall expire ninety days after the date of 38,156
issuance. The department may refuse to issue or renew and may 38,157
revoke a license if it finds the facility is not in compliance 38,158
with rules adopted by the department pursuant to division (G) of 38,159
this section or if any facility operated by the applicant or 38,160
licensee has had repeated violations of statutes or rules during 38,161
the period of previous licenses. Proceedings initiated to deny 38,162
applications for full or probationary licenses or to revoke such 38,163
licenses are governed by Chapter 119. of the Revised Code. 38,164
(D) The department may issue an interim license to operate 38,166
a residential facility if both of the following conditions are 38,167
met: 38,168
(1) The department determines that the closing of or the 38,170
need to remove residents from another residential facility has 38,171
created an emergency situation requiring immediate removal of 38,172
residents and an insufficient number of licensed beds are 38,173
available. 38,174
(2) The residential facility applying for an interim 38,176
license meets standards established for interim licenses in rules 38,177
adopted by the director under Chapter 119. of the Revised Code. 38,178
An interim license shall be valid for ninety days and may 38,180
be renewed by the director no more than twice. Proceedings 38,181
initiated to deny applications for or to revoke interim licenses 38,182
under this division are not subject to Chapter 119. of the 38,183
Revised Code. 38,184
(E) The department of mental health may conduct an 38,186
inspection of a residential facility: 38,187
(1) Prior to the issuance of a license to a prospective 38,189
867
operator; 38,190
(2) Prior to the renewal of any operator's license; 38,192
(3) To determine whether a facility has completed a plan 38,194
of correction required pursuant to this division and corrected 38,195
deficiencies to the satisfaction of the department and in 38,196
compliance with this section and rules adopted pursuant to it; 38,197
(4) Upon complaint by any individual or agency; 38,199
(5) At any time the director considers an inspection to be 38,201
necessary in order to determine whether a residential facility is 38,202
in compliance with this section and rules adopted pursuant to 38,203
this section. 38,204
In conducting inspections the department may conduct an 38,206
on-site examination and evaluation of the residential facility, 38,207
its personnel, activities, and services. The department shall 38,208
have access to examine all records, accounts, and any other 38,209
documents relating to the operation of the residential facility, 38,210
and shall have access to the facility in order to conduct 38,211
interviews with the operator, staff, and residents. Following 38,212
each inspection and review, the department shall complete a 38,213
report listing any deficiencies, and including, when appropriate, 38,214
a time table within which the operator shall correct the 38,215
deficiencies. The department may require the operator to submit 38,216
a plan of correction describing how the deficiencies will be 38,217
corrected. 38,218
(F) No person shall do any of the following: 38,220
(1) Operate a residential facility unless the facility 38,222
holds a valid license; 38,223
(2) Violate any of the conditions of licensure after 38,225
having been granted a license; 38,226
(3) Interfere with a state or local official's inspection 38,228
or investigation of a residential facility; 38,229
(4) Violate any of the provisions of this section or any 38,231
rules adopted pursuant to this section. 38,232
(G) The director shall adopt and may amend and rescind 38,234
868
rules pursuant to Chapter 119. of the Revised Code, prescribing 38,235
minimum standards for the health, safety, adequacy, and cultural 38,236
specificity and sensitivity of treatment of and services for 38,237
persons in residential facilities; establishing procedures for 38,238
the issuance, renewal or revocation of the licenses of such 38,239
facilities; establishing the maximum number of residents of a 38,240
facility; establishing the rights of residents and procedures to 38,241
protect such rights; and requiring an affiliation agreement 38,242
approved by the board between a residential facility and a mental 38,243
health agency. Such affiliation agreement must be consistent 38,244
with the residential portion of the community mental health plan 38,245
submitted pursuant to section 340.03 of the Revised Code. 38,246
(H) The department may investigate any facility that has 38,248
been reported to the department or that the department has 38,249
reasonable cause to believe is operating as a residential 38,250
facility without a valid license. 38,251
(I) The department may withhold the source of any 38,253
complaint reported as a violation of this act when the department 38,254
determines that disclosure could be detrimental to the 38,255
department's purposes or could jeopardize the investigation. The 38,256
department may disclose the source of any complaint if the 38,257
complainant agrees in writing to such disclosure and shall 38,258
disclose the source upon order by a court of competent 38,259
jurisdiction. 38,260
(J) The director of mental health may petition the court 38,262
of common pleas of the county in which a residential facility is 38,263
located for an order enjoining any person from operating a 38,264
residential facility without a license or from operating a 38,265
licensed facility when, in the director's judgment, there is a 38,266
real and present danger to the health or safety of any of the 38,267
occupants of the facility. The court shall have jurisdiction to 38,268
grant such injunctive relief upon a showing that the respondent 38,269
named in the petition is operating a facility without a license 38,270
or there is a real and present danger to the health or safety of 38,271
869
any residents of the facility. 38,272
(K) Whoever violates division (F) of this section or any 38,274
rule adopted under this section is liable for a civil penalty of 38,275
one hundred dollars for the first offense; for each subsequent 38,276
offense, such violator is liable for a civil penalty of five 38,277
hundred dollars. If the violator does not pay, the attorney 38,278
general, upon the request of the director of mental health, shall 38,279
bring a civil action to collect the penalty. Fines collected 38,280
pursuant to this section shall be deposited into the state 38,281
treasury to the credit of the mental health sale of goods and 38,282
services fund. 38,283
Sec. 5119.61. Any provision in this chapter that refers to 38,292
a board of alcohol, drug addiction, and mental health services 38,293
also refers to the community mental health board in an alcohol, 38,294
drug addiction, and mental health service district that has a 38,295
community mental health board. 38,296
The director of mental health with respect to all 38,298
facilities and programs established and operated under Chapter 38,299
340. of the Revised Code for mentally ill and emotionally 38,300
disturbed persons, shall: 38,301
(A) Make ADOPT such rules pursuant to Chapter 119. of the 38,303
Revised Code as may be necessary to carry out the purposes of 38,304
Chapter 340. and sections 5119.61 to 5119.63 of the Revised 38,306
Code;.
(1) THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 38,308
(a) RULES GOVERNING A COMMUNITY MENTAL HEALTH AGENCY'S 38,310
SERVICES UNDER SECTION 340.091 OF THE REVISED CODE TO AN 38,311
INDIVIDUAL REFERRED TO THE AGENCY UNDER DIVISION (C)(2) OF 38,312
SECTION 173.35 OF THE REVISED CODE; 38,313
(b) FOR THE PURPOSE OF DIVISION (A)(14) OF SECTION 340.03 38,316
OF THE REVISED CODE, RULES GOVERNING THE DUTIES OF MENTAL HEALTH 38,319
AGENCIES AND BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH
SERVICES UNDER SECTION 3722.18 OF THE REVISED CODE REGARDING 38,322
REFERRALS OF INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL 38,323
870
DISABILITY TO ADULT CARE FACILITIES AND EFFECTIVE ARRANGEMENTS 38,324
FOR ONGOING MENTAL HEALTH SERVICES FOR THE INDIVIDUALS. THE
RULES SHALL DO AT LEAST THE FOLLOWING: 38,325
(i) PROVIDE FOR AGENCIES AND BOARDS TO PARTICIPATE FULLY 38,327
IN THE PROCEDURES OWNERS AND MANAGERS OF ADULT CARE FACILITIES 38,328
MUST FOLLOW UNDER DIVISION (A)(2) OF SECTION 3722.18 OF THE 38,329
REVISED CODE;
(ii) SPECIFY THE MANNER IN WHICH BOARDS ARE ACCOUNTABLE 38,331
FOR ENSURING THAT ONGOING MENTAL HEALTH SERVICES ARE EFFECTIVELY 38,332
ARRANGED FOR INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL 38,333
DISABILITY WHO ARE REFERRED BY THE BOARD OR MENTAL HEALTH AGENCY 38,334
UNDER CONTRACT WITH THE BOARD TO AN ADULT CARE FACILITY. 38,335
(c) RULES GOVERNING A BOARD OF ALCOHOL, DRUG ADDICTION, 38,337
AND MENTAL HEALTH SERVICES WHEN MAKING A REPORT TO THE DIRECTOR 38,338
OF HEALTH UNDER SECTION 3722.17 OF THE REVISED CODE REGARDING THE 38,340
QUALITY OF CARE AND SERVICES PROVIDED BY AN ADULT CARE FACILITY 38,341
TO A PERSON WITH MENTAL ILLNESS OR A SEVERE MENTAL DISABILITY. 38,342
(2) RULES MAY BE ADOPTED TO GOVERN THE METHOD OF PAYING A 38,344
COMMUNITY MENTAL HEALTH FACILITY DESCRIBED IN DIVISION (B) OF 38,345
SECTION 5111.022 OF THE REVISED CODE FOR PROVIDING SERVICES 38,346
ESTABLISHED BY DIVISION (A) OF THAT SECTION. SUCH RULES MUST BE 38,347
CONSISTENT WITH THE CONTRACT ENTERED INTO BETWEEN THE DEPARTMENTS 38,348
OF HUMAN SERVICES AND MENTAL HEALTH UNDER DIVISION (E) OF THAT 38,349
SECTION.
(B) Adopt rules requiring each public or private agency 38,351
providing mental health services or facilities under a contract 38,352
with a board of alcohol, drug addiction, and mental health 38,353
services and any program operated by such a board to have a 38,354
written policy that addresses the rights of clients including: 38,355
(1) The right to a copy of the agency's policy of client 38,357
rights; 38,358
(2) The right at all times to be treated with 38,360
consideration and respect for his THE CLIENT'S privacy and 38,361
dignity; 38,362
871
(3) The right to have access to his THE CLIENT'S own 38,364
psychiatric, medical, or other treatment records unless access is 38,365
specifically restricted in the client's treatment plan for clear 38,366
treatment reasons; 38,367
(4) The right to have a client rights officer provided by 38,369
the board or agency advise him THE CLIENT of his THE CLIENT'S 38,371
rights, including his THE CLIENT'S rights under Chapter 5122. of 38,372
the Revised Code if he THE CLIENT is committed to the board or 38,373
agency.
(C) Require each board of alcohol, drug addiction, and 38,375
mental health services to ensure that each contract agency 38,376
establishes grievance procedures available to all recipients of 38,377
services or applicants for services; 38,378
(D) Define minimum standards for qualifications of 38,380
personnel, professional services, and mental health 38,381
professionals, as that term is defined in section 340.02 of the 38,382
Revised Code; 38,383
(E) Review and evaluate, and, taking into account the 38,385
findings and recommendations of the board of alcohol, drug 38,386
addiction, and mental health services of the district served by 38,387
the program and the requirements and priorities of the state 38,388
mental health plan, including the needs of residents of the 38,389
district now residing in state mental institutions, approve and 38,390
allocate funds to support community programs, and make 38,391
recommendations for needed improvements to boards of alcohol, 38,392
drug addiction, and mental health services; 38,393
(F) Withhold state and federal funds for any program, in 38,395
whole or in part, from a board of alcohol, drug addiction, and 38,396
mental health services in the event of failure of that program to 38,397
comply with Chapter 340. or section 5119.61 or 5119.62 of the 38,398
Revised Code or rules of the department of mental health. The 38,399
director shall identify the areas of noncompliance and the action 38,400
necessary to achieve compliance. The director shall offer 38,401
technical assistance to the board to achieve compliance. The 38,402
872
director shall give the board a reasonable time within which to 38,403
comply or to present its position that it is in compliance. 38,404
Before withholding funds, a hearing shall be conducted to 38,405
determine if there are continuing violations and that either 38,406
assistance is rejected or the board is unable to achieve 38,407
compliance. Subsequent to the hearing process, if it is 38,408
determined that compliance has not been achieved, the director 38,409
may allocate all or part of the withheld funds to a public or 38,410
private agency, to provide the services not in compliance, until 38,411
such time as there is compliance. The director shall establish 38,412
rules pursuant to Chapter 119. of the Revised Code to implement 38,413
this division. 38,414
(G) Withhold state or federal funds from a board of 38,416
alcohol, drug addiction, and mental health services that denies 38,417
available service on the basis of religion, race, color, creed, 38,418
sex, national origin, age, physical or mental handicap, 38,419
developmental disability, or the inability to pay; 38,420
(H) Provide consultative services to community mental 38,422
health programs, with the knowledge and cooperation of the board 38,423
of alcohol, drug addiction, and mental health services; 38,424
(I) Provide to boards of alcohol, drug addiction, and 38,426
mental health services state or federal funds, in addition to 38,427
those allocated under section 5119.62 of the Revised Code, for 38,428
special programs or projects the director considers necessary, 38,429
but for which local funds are not available; 38,430
(J) Establish criteria by which a board of alcohol, drug 38,432
addiction, and mental health services reviews and evaluates the 38,433
quality, effectiveness, and efficiency of services provided 38,434
through its community mental health plan. The department shall 38,435
assess a board's evaluation of services and the compliance of 38,436
each board with this section, Chapter 340., or section 5119.62 of 38,437
the Revised Code and other state or federal law and regulations. 38,438
The department, in cooperation with the board, periodically shall 38,439
review and evaluate the quality, effectiveness, and efficiency of 38,440
873
services provided through each board. The department shall 38,441
collect such information as is necessary to perform these 38,442
functions. 38,443
(K) Develop and operate a community mental health 38,445
information system. 38,446
Boards of alcohol, drug abuse, and mental health services 38,448
shall submit information requested by the department in the form 38,449
and manner prescribed by the department. Information collected 38,450
by the department shall include, but not be limited to: 38,451
(1) Information regarding units of services provided in 38,453
whole or in part under contract with a board, including diagnosis 38,454
and special needs, demographic information, the number of units 38,455
of service provided, past treatment, financial status, and 38,456
service dates in accordance with rules adopted by the department 38,457
in accordance with Chapter 119. of the Revised Code; 38,458
(2) Financial information other than price or 38,460
price-related data regarding expenditures of boards and community 38,461
mental health agencies, including units of service provided, 38,462
budgeted and actual expenses by type, and sources of funds. 38,463
Boards shall submit the information specified in division 38,465
(K)(1) of this section no less frequently than annually for each 38,466
client, and each time the client's case is opened or closed. The 38,467
department shall not collect any information for the purpose of 38,468
identifying by name any person who receives a service through a 38,469
board of alcohol, drug addiction, and mental health services, 38,470
except as required by state or federal law to validate 38,471
appropriate reimbursement. For the purposes of division (K)(1) 38,472
of this section, the department shall use an identification 38,473
system that is consistent with applicable nationally recognized 38,474
standards. 38,475
(L) Review each board's plan submitted pursuant to section 38,477
340.03 of the Revised Code and approve or disapprove it in whole 38,478
or in part. Periodically, in consultation with representatives 38,479
of boards and after considering the recommendations of the 38,480
874
medical director, the director shall issue criteria for 38,481
determining when a plan is complete, criteria for plan approval 38,482
or disapproval, and provisions for conditional approval. The 38,483
factors that the director considers may include, but are not 38,484
limited to, the following: 38,485
(1) The mental health needs of all persons residing within 38,487
the board's service district, especially severely mentally 38,488
disabled children, adolescents, and adults; 38,489
(2) The demonstrated quality, effectiveness, efficiency, 38,491
and cultural relevance of the services provided in each service 38,492
district, the extent to which any services are duplicative of 38,493
other available services, and whether the services meet the needs 38,494
identified above; 38,495
(3) The adequacy of the board's accounting for the 38,497
expenditure of funds. 38,498
If the director disapproves all or part of any plan, he THE 38,500
DIRECTOR shall provide the board an opportunity to present its 38,501
position. The director shall inform the board of the reasons for 38,502
the disapproval and of the criteria that must be met before the 38,503
plan may be approved. The director shall give the board a 38,504
reasonable time within which to meet the criteria, and shall 38,505
offer technical assistance to the board to help it meet the 38,506
criteria.
If the approval of a plan remains in dispute thirty days 38,508
prior to the conclusion of the fiscal year in which the board's 38,509
current plan is scheduled to expire, the board or the director 38,510
may request that the dispute be submitted to a mutually agreed 38,511
upon third-party mediator with the cost to be shared by the board 38,512
and the department. The mediator shall issue to the board and 38,513
the department recommendations for resolution of the dispute. 38,514
Prior to the conclusion of the fiscal year in which the current 38,515
plan is scheduled to expire, the director, taking into 38,516
consideration the recommendations of the mediator, shall make a 38,517
final determination and approve or disapprove the plan, in whole 38,518
875
or in part. 38,519
(M) Visit and evaluate any community mental health 38,521
program, agency, or facility, in cooperation with a board of 38,522
alcohol, drug addiction, and mental health services, to determine 38,523
if the services meet minimum standards pursuant to division (G) 38,524
of section 5119.01 of the Revised Code. If the director 38,525
determines that the services meet minimum standards, he THE 38,526
DIRECTOR shall so certify. 38,527
If the director determines that the services of any 38,529
program, agency, or facility that has a contract with a board do 38,530
not meet minimum standards, he THE DIRECTOR shall identify the 38,531
areas of noncompliance, specify what action is necessary to meet 38,533
the standards, and offer technical assistance to the board so 38,534
that it may assist the program, agency, or facility to meet 38,535
minimum standards. The director shall give the board a 38,536
reasonable time within which to demonstrate that the services 38,537
meet minimum standards or to bring the program or facility into 38,538
compliance with the standards. If the director concludes that 38,539
the services continue to fail to meet minimum standards, the 38,540
director may request that the board reallocate the funds for 38,541
those services to another program, agency, or facility which 38,542
meets minimum standards. If the board does not reallocate those 38,543
funds in a reasonable period of time, the director may withhold 38,544
state and federal funds for the services and allocate those funds 38,545
directly to a public or private agency that meets minimum 38,546
standards.
Each program, agency, and facility shall pay a fee for the 38,548
certification review required by this division. Fees shall be 38,549
paid into the sale of goods and services fund created pursuant to 38,550
section 5119.161 of the Revised Code. 38,551
The director shall adopt rules under Chapter 119. of the 38,553
Revised Code to implement this division. The rules shall do all 38,554
of the following: 38,555
(1) Establish the process for certification of services of 38,557
876
programs, agencies, or facilities; 38,558
(2) Set the amount of certification review fees based on a 38,560
portion of the cost of performing the review; 38,561
(3) Specify the type of notice and hearing to be provided 38,563
prior to a decision whether to reallocate funds. 38,564
Sec. 5119.631. (A) THIS SECTION APPLIES TO A BOARD OF 38,566
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, ANOTHER 38,568
GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT ORGANIZATION THAT 38,569
RECEIVED A GRANT OR REIMBURSEMENT UNDER SECTION 5119.63 OF THE 38,570
REVISED CODE FOR A FACILITY ON WHICH THE DEPARTMENT OF MENTAL 38,572
HEALTH HOLDS A SECURITY INTEREST. 38,573
(B) A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 38,575
SERVICES, ANOTHER GOVERNMENTAL ENTITY, OR A PRIVATE, NONPROFIT 38,576
ORGANIZATION TO WHICH THIS SECTION APPLIES MAY APPLY TO THE 38,577
DIRECTOR OF MENTAL HEALTH FOR APPROVAL TO SELL ITS FACILITY AND 38,578
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY PURSUANT 38,579
TO THIS SECTION. THE DIRECTOR SHALL PRESCRIBE THE FORM OF THE 38,580
APPLICATION. BEFORE SUBMITTING AN APPLICATION TO THE DIRECTOR, A 38,581
GOVERNMENTAL ENTITY OR PRIVATE, NONPROFIT ORGANIZATION MUST 38,582
OBTAIN APPROVAL OF THE APPLICATION FROM THE BOARD OF ALCOHOL, 38,583
DRUG ADDICTION, AND MENTAL HEALTH SERVICES WITH JURISDICTION OVER 38,584
THE SERVICE DISTRICT IN WHICH THE EXISTING FACILITY IS LOCATED. 38,585
THE DIRECTOR SHALL APPROVE AN APPLICATION FOR A REPLACEMENT 38,586
PROJECT UPON DETERMINING THAT THE PROJECT PROVIDES FOR THE 38,587
CONTINUATION OF APPROPRIATE MENTAL HEALTH SERVICES TO THE 38,588
POPULATION SERVED BY THE BOARD, ENTITY, OR ORGANIZATION. 38,589
(C) A BOARD, ENTITY, OR ORGANIZATION THAT OBTAINS APPROVAL 38,591
FOR A PROJECT UNDER DIVISION (B) OF THIS SECTION SHALL PAY THE 38,592
PROCEEDS OF THE SALE OF ITS FACILITY TO THE DIRECTOR OF MENTAL 38,593
HEALTH. THE DIRECTOR SHALL DEPOSIT THE PROCEEDS TO THE CREDIT OF 38,594
THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND. 38,595
(D) WHEN A BOARD, ENTITY, OR ORGANIZATION THAT HAS SOLD 38,597
ITS FACILITY NOTIFIES THE DIRECTOR OF MENTAL HEALTH THAT IT IS 38,598
READY TO ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY,
877
THE DIRECTOR SHALL DO ONE OF THE FOLLOWING: 38,599
(1) IF THE REPLACEMENT FACILITY IS LOCATED IN THE SAME 38,601
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT AS 38,602
THE ORIGINAL FACILITY, AND IF THE PURPOSES FOR WHICH THE 38,603
REPLACEMENT FACILITY WILL BE USED ARE THE SAME AS OR SIMILAR TO 38,604
THOSE FOR THE ORIGINAL FACILITY, THE DIRECTOR SHALL PAY TO THE 38,606
BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY CAPITAL 38,607
REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE LESSER OF AN 38,608
AMOUNT EQUAL TO THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY 38,609
OR THE AMOUNT OF THE STATE'S AGREED-UPON PARTICIPATION (AS A PER 38,610
CENT OF THE TOTAL COST) IN THE COST OF THE REPLACEMENT FACILITY. 38,611
IF THE AMOUNT OF THE STATE'S AGREED-UPON PARTICIPATION IN THE 38,612
COST OF THE REPLACEMENT FACILITY IS LESS THAN THE VALUE OF THE 38,613
STATE'S SECURITY INTEREST IN THE ORIGINAL FACILITY, THE 38,614
DIFFERENCE BETWEEN THE STATE'S AGREED-UPON PARTICIPATION IN THE 38,615
COST OF THE REPLACEMENT FACILITY AND THE VALUE OF THE STATE'S 38,616
SECURITY INTEREST IN THE ORIGINAL FACILITY SHALL BE RETAINED IN 38,617
THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND, AND ANY EXCESS 38,618
PROCEEDS SHALL BE PAID TO THE BOARD, ENTITY, OR ORGANIZATION. 38,619
(2) IF THE REPLACEMENT FACILITY IS LOCATED IN A DIFFERENT 38,621
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT THAN 38,622
THE ORIGINAL FACILITY, OR IF THE PURPOSES FOR WHICH THE 38,623
REPLACEMENT FACILITY WILL BE USED ARE NOT THE SAME AS OR SIMILAR 38,624
TO THOSE FOR THE ORIGINAL FACILITY, THE DIRECTOR SHALL REQUEST 38,626
CONTROLLING BOARD APPROVAL FOR RELEASE OF FUNDS FOR THE PROJECT. 38,627
IF THE CONTROLLING BOARD SO APPROVES, THE DIRECTOR SHALL PAY TO 38,628
THE BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY CAPITAL 38,629
REPLACEMENT FACILITIES FUND THE LESSER OF AN AMOUNT EQUAL TO THE 38,630
PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY OR THE AMOUNT OF 38,632
THE STATE'S AGREED-UPON PARTICIPATION (AS A PER CENT OF THE TOTAL 38,633
COST) IN THE COST OF THE REPLACEMENT FACILITY. IF THE AMOUNT OF 38,634
THE STATE'S AGREED-UPON PARTICIPATION IN THE COST OF THE
REPLACEMENT FACILITY IS LESS THAN THE VALUE OF THE STATE'S 38,635
SECURITY INTEREST IN THE ORIGINAL FACILITY, THE DIFFERENCE 38,636
878
BETWEEN THE STATE'S AGREED-UPON PARTICIPATION IN THE COST OF THE 38,637
REPLACEMENT FACILITY AND THE VALUE OF THE STATE'S SECURITY 38,638
INTEREST IN THE ORIGINAL FACILITY SHALL BE RETAINED IN THE 38,639
COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND, AND ANY EXCESS 38,640
PROCEEDS SHALL BE PAID TO THE BOARD, ENTITY, OR ORGANIZATION. 38,641
(E) THE DIRECTOR OF MENTAL HEALTH AND A BOARD, ENTITY, OR 38,643
ORGANIZATION SHALL ENTER INTO AN AGREEMENT SPECIFYING THE TERMS 38,644
OF ANY PAYMENT MADE TO THE BOARD, ENTITY, OR ORGANIZATION UNDER 38,645
DIVISION (D) OF THIS SECTION. THE TERMS MAY INCLUDE PROVISION 38,646
FOR THE DEPARTMENT OF MENTAL HEALTH TO HOLD A SECURITY INTEREST 38,647
IN THE FACILITY. 38,648
(F)(1) WHEN APPROVING AN APPLICATION UNDER DIVISION (B) OF 38,650
THIS SECTION, THE DIRECTOR OF MENTAL HEALTH SHALL ESTABLISH A 38,651
DEADLINE BY WHICH THE BOARD, ENTITY, OR ORGANIZATION MUST NOTIFY
THE DIRECTOR THAT IT IS READY TO ACQUIRE, CONSTRUCT, OR RENOVATE 38,652
A REPLACEMENT FACILITY. IF THE BOARD, ENTITY, OR ORGANIZATION 38,653
DOES NOT NOTIFY THE DIRECTOR ON OR BEFORE THE DEADLINE, THE 38,654
DIRECTOR MAY CANCEL THE PROJECT. UPON CANCELING THE PROJECT, THE 38,655
DIRECTOR SHALL PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE 38,656
COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO 38,657
THE PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY 38,658
THAT EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 38,659
FACILITY.
(2) NOTWITHSTANDING THE DEADLINE ESTABLISHED UNDER 38,661
DIVISION (F)(1) OF THIS SECTION, IF AT ANY TIME A BOARD, ENTITY, 38,662
OR ORGANIZATION NOTIFIES THE DIRECTOR THAT IT DOES NOT INTEND TO 38,663
ACQUIRE, CONSTRUCT, OR RENOVATE A REPLACEMENT FACILITY UNDER THIS 38,664
SECTION, THE DIRECTOR SHALL CANCEL THE REPLACEMENT PROJECT AND 38,665
PAY TO THE BOARD, ENTITY, OR ORGANIZATION FROM THE COMMUNITY 38,666
CAPITAL REPLACEMENT FACILITIES FUND AN AMOUNT EQUAL TO THE 38,667
PORTION OF THE PROCEEDS OF THE SALE OF THE ORIGINAL FACILITY THAT 38,668
EXCEEDS THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 38,669
FACILITY.
(G) IF A REPLACEMENT PROJECT IS CANCELED AFTER THE SALE OF 38,671
879
THE ORIGINAL FACILITY, THE DIRECTOR OF MENTAL HEALTH SHALL USE 38,672
FUNDS EQUAL TO THE VALUE OF THE STATE'S SECURITY INTEREST IN THE 38,673
ORIGINAL FACILITY FOR ADDITIONAL GRANTS OR REIMBURSEMENTS UNDER 38,674
SECTION 5119.63 OF THE REVISED CODE. THE DIRECTOR SHALL OBTAIN 38,675
THE APPROVAL OF THE CONTROLLING BOARD BEFORE RELEASING THE 38,676
ADDITIONAL GRANTS OR REIMBURSEMENTS. 38,677
(H) THE COMMUNITY CAPITAL REPLACEMENT FACILITIES FUND IS 38,679
HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF MENTAL 38,680
HEALTH SHALL USE THE FUND FOR THE PURPOSES OF THIS SECTION. 38,681
Sec. 5120.14. (A) If a person who was convicted of or 38,690
pleaded guilty to an offense of violence that is a felony escapes 38,691
from a correctional institution in this state under the control 38,693
of the department of rehabilitation and correction or otherwise 38,694
escapes from the custody of the department, the department 38,695
immediately after the escape shall cause notice of REPORT the 38,696
escape, BY TELEPHONE AND IN WRITING, TO ALL LOCAL LAW ENFORCEMENT 38,697
AGENCIES WITH JURISDICTION IN THE COUNTY IN WHICH THE INSTITUTION 38,698
FROM WHICH THE ESCAPE WAS MADE OR TO WHICH THE PERSON WAS 38,701
SENTENCED IS LOCATED, TO ALL LOCAL LAW ENFORCEMENT AGENCIES WITH 38,702
JURISDICTION IN THE COUNTY IN WHICH THE PERSON WAS CONVICTED OR 38,703
PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED PERSON WAS
SENTENCED, TO THE STATE HIGHWAY PATROL, TO THE PROSECUTING 38,704
ATTORNEY OF THE COUNTY IN WHICH THE INSTITUTION FROM WHICH THE 38,705
ESCAPE WAS MADE OR TO WHICH THE PERSON WAS SENTENCED IS LOCATED, 38,706
TO THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE PERSON WAS 38,707
CONVICTED OR PLEADED GUILTY TO THE OFFENSE FOR WHICH THE ESCAPED 38,708
PERSON WAS SENTENCED, to be published in a newspaper of general 38,710
circulation in the county in which the institution from which the 38,711
escape was made or to which the person was sentenced is located, 38,712
and in TO a newspaper of general circulation in each county in 38,714
which the escaped person was indicted for an offense of violence 38,715
that is a felony for which, at the time of the escape, he THE 38,716
ESCAPED PERSON had been sentenced to that institution. The 38,717
department also immediately shall give notice of the escape by 38,719
880
telephone and in writing to the prosecuting attorney of each 38,720
county in which the escaped person was indicted for an offense of 38,721
violence that is a felony for which, at the time of the escape, 38,722
he had been sentenced to that institution. Upon THE WRITTEN 38,723
NOTICE MAY BE BY EITHER FACSIMILE TRANSMISSION OR MAIL. A 38,724
FAILURE TO COMPLY WITH THIS REQUIREMENT IS A VIOLATION OF SECTION 38,725
2921.22 OF THE REVISED CODE.
(B) UPON the apprehension of the escaped person, the 38,729
department shall give notice of the apprehension by telephone and 38,730
in writing to the same prosecuting attorneys PERSONS who were 38,731
given notice of the escape UNDER DIVISION (A) OF THIS SECTION. 38,733
Sec. 5121.03. As used in this chapter: 38,742
(A) "Patient" means a person receiving care or treatment 38,744
in a program or facility that provides services to mentally ill 38,745
individuals. 38,746
(B) "The department" means the department of mental health 38,748
or the department of mental retardation and developmental 38,749
disabilities, whichever provides care or treatment to the 38,750
patient. 38,751
(C) "Resident" means a person admitted to an institution 38,753
or other facility pursuant to Chapter 5123. of the Revised Code 38,754
who is under observation or receiving habilitation and care in an 38,755
institution for the mentally retarded. 38,756
(D) "STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES" 38,758
MEANS COMMUNITY-BASED SERVICES THE DEPARTMENT OF MENTAL HEALTH 38,759
OPERATES FOR A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 38,761
HEALTH SERVICES PURSUANT TO A COMMUNITY MENTAL HEALTH PLAN
APPROVED UNDER DIVISION (A)(1)(c) OF SECTION 340.03 OF THE 38,763
REVISED CODE.
(E) "APPLICABLE COST" MEANS THE RATE FOR SUPPORT 38,765
APPLICABLE TO A PATIENT OR RESIDENT AS SPECIFIED IN THIS SECTION. 38,766
The rate COST for support of patients in hospitals and 38,768
residents in institutions under the jurisdiction of the 38,769
department of mental health or the department of mental 38,770
881
retardation and developmental disabilities, and of patients or 38,771
residents in private facilities or homes whose care or treatment 38,772
is being paid for by either THE department OF MENTAL RETARDATION 38,773
AND DEVELOPMENTAL DISABILITIES, shall be based on the average per 38,774
capita cost of the care and treatment of such patients or 38,775
residents. The cost of services for mentally ill patients or 38,776
mentally retarded residents shall be computed using the projected 38,777
average daily per capita cost at the hospital or institution, or 38,778
at the discretion of the department under the jurisdiction of 38,779
which the hospital or institution is operated, the subunit 38,780
thereof in which services are provided. Such costs shall be 38,781
computed at least annually for the next prospective period using 38,782
generally accepted governmental accounting principles. The cost 38,783
of services for mentally retarded residents that are being cared 38,784
for and maintained in a private facility or home under the 38,785
supervision of the department of mental retardation and 38,786
developmental disabilities regional offices and for which a 38,787
purchase of services contract is being paid to the private 38,788
facility or home by the department shall not be more than the per 38,789
diem cost of the contract. The cost of services for a resident 38,790
receiving pre-admission care, after-care, day-care, or routine 38,791
consultation and treatment services in a community service unit 38,792
under the jurisdiction of the department, shall be computed on 38,793
the basis of the average cost of such services at the institution 38,794
at which they are provided. The rate of support for a mentally 38,795
ill patient or a mentally retarded resident shall be that 38,796
percentage of the average per capita cost at the hospital or 38,797
institution at which such patient or resident receives care, in 38,798
accordance with section 5121.04 of the Revised Code. The 38,799
THE COST FOR SUPPORT OF A PATIENT RECEIVING STATE-OPERATED 38,801
COMMUNITY MENTAL HEALTH SERVICES IS AN AMOUNT DETERMINED USING 38,802
GUIDELINES THE DEPARTMENT OF MENTAL HEALTH SHALL ISSUE. THE 38,803
GUIDELINES SHALL BE BASED ON COST-FINDINGS AND RATE-SETTINGS 38,804
APPLICABLE TO SUCH SERVICES. 38,805
882
THE department shall annually determine the ability to pay 38,807
of a patient or resident or his THE PATIENT'S OR RESIDENT'S 38,808
liable relatives and the amount that such person shall pay in 38,810
accordance with section 5121.04 of the Revised Code. 38,811
Collections of support payments shall be made by the 38,813
department of mental health and the department of mental 38,814
retardation and developmental disabilities and, subject to 38,815
meeting prior requirements for payment and crediting of such 38,816
collections and other available receipts, in accordance with the 38,817
bond proceedings applicable to obligations issued pursuant to 38,818
section 154.20 of the Revised Code, such collections and other 38,819
available receipts designated by the director of the department 38,820
of mental health and the director of the department of mental 38,821
retardation and developmental disabilities for deposit in the 38,822
special accounts, together with insurance contract payments 38,823
provided for in division (B)(8) of section 5121.04 of the Revised 38,824
Code, shall be remitted to the treasurer of state for deposit in 38,825
the state treasury to the credit of the mental health operating 38,826
fund and the mental retardation operating fund, which are hereby 38,827
created, to be used for the general purposes of the department of 38,828
mental health and the department of mental retardation and 38,829
developmental disabilities. The department of mental health 38,830
shall make refunds of overpayment of support charges from the 38,831
mental health operating fund, and the department of mental 38,832
retardation and developmental disabilities shall make refunds of 38,833
overpayment of support charges from the mental retardation 38,834
operating fund. 38,835
Sec. 5121.04. (A) The department of mental health and the 38,845
department of mental retardation and developmental disabilities 38,846
shall investigate the financial condition of the patients in 38,847
hospitals and residents in institutions, and those RESIDENTS 38,848
whose care or treatment is being paid for in a private facility 38,849
or home under the department's control OF THE DEPARTMENT OF 38,850
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, and of the 38,851
883
relatives named in section 5121.06 of the Revised Code as liable 38,852
for the support of such patients or residents, in order to 38,853
determine the ability of any patient, resident, or such relatives 38,854
to pay for the support of the patient or resident and to provide 38,855
suitable clothing as required by the superintendent of the 38,856
institution.
THE DEPARTMENT OF MENTAL HEALTH SHALL INVESTIGATE THE 38,858
FINANCIAL CONDITION OF PATIENTS RECEIVING STATE-OPERATED 38,859
COMMUNITY MENTAL HEALTH SERVICES AND OF THE LIABLE RELATIVES TO 38,860
DETERMINE THE PATIENT'S OR RELATIVE'S ABILITY TO PAY FOR THE 38,861
PATIENT'S SUPPORT. In all cases, in determining ability to pay 38,863
and the amount to be charged, due regard shall be had for others 38,864
who may be dependent for support upon such relatives or the 38,865
estate of the patient.
(B) The department shall follow the provisions of this 38,867
division in determining the ability to pay of a patient or 38,868
resident or the patient's or resident's liable relatives and the 38,870
amount to be charged such patient or resident or liable 38,871
relatives.
(1) Subject to divisions (B)(10) and (11) of this section, 38,874
a patient or resident without dependents shall be liable for the 38,875
full per capita APPLICABLE cost. A patient or resident without 38,876
dependents who has a gross annual income equal to or exceeding 38,878
the sum of the full per capita APPLICABLE cost as determined 38,879
under section 5121.03 of the Revised Code, plus fifty dollars per 38,881
month, regardless of the source of such income, shall pay 38,882
currently the full amount of the per capita APPLICABLE cost; if 38,883
the patient's or resident's gross annual income is less than such 38,884
sum, not more than fifty dollars per month shall be kept for 38,885
personal use by or on behalf of the patient or resident, except 38,886
as permitted in the state plan for providing medical assistance 38,887
under Title XIX of the "Social Security Act," 49 Stat. 620 38,888
(1935), 42 U.S.C. 301, as amended, and the balance shall be paid 38,889
currently on the patient's or resident's support. Subject to 38,891
884
divisions (B)(10) and (11) of this section, the estate of a 38,892
patient or resident without dependents shall pay currently any 38,893
remaining difference between the per capita APPLICABLE cost and 38,894
the amounts prescribed in this section, or shall execute an 38,896
agreement with the department for payment to be made at some 38,897
future date under terms suitable to the department. However, no 38,898
security interest, mortgage, or lien shall be taken, granted, or 38,899
charged against any principal residence of a patient or resident 38,900
without dependents under an agreement or otherwise to secure 38,901
support payments, and no foreclosure actions shall be taken on 38,902
security interests, mortgages, or liens taken, granted, or 38,903
charged against principal residences of patients or residents
prior to October 7, 1977. 38,904
(2) The ability to pay of a patient or resident with 38,906
dependents, or of a liable relative of a patient or resident 38,907
either with or without dependents, shall be determined in 38,908
accordance with the patient's, resident's, or liable relative's 38,910
income or other assets, the needs of others who are dependent on 38,911
such income and other assets for support, and, if applicable, 38,912
divisions (B)(10) and (11) of this section. 38,913
For the first thirty days of care and treatment of each 38,915
admission AND FOR THE FIRST THIRTY DAYS OF CARE AND TREATMENT 38,916
FROM STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, but in no 38,917
event for more than thirty days in any calendar year, the 38,919
mentally ill patient or mentally retarded resident with 38,920
dependents or the liable relative of a mentally ill patient or a 38,921
mentally retarded resident either with or without dependents 38,922
shall be charged an amount equal to the percentage of the average 38,923
per capita APPLICABLE cost determined in accordance with the 38,924
schedule of adjusted gross annual income contained after this 38,925
paragraph. After such first thirty days of care and treatment, 38,926
such mentally ill patient or mentally retarded resident or such 38,927
liable relative shall be charged an amount equal to the 38,928
percentage of a base support rate of four dollars per day for 38,929
885
mentally ill patients and mentally retarded residents, as 38,930
determined in accordance with the schedule of gross annual income 38,931
contained after this paragraph, or in accordance with division 38,932
(B)(5) of this section. Beginning January 1, 1978, the 38,933
department shall increase the base rate when the consumer price 38,934
index average is more than 4.0 for the preceding calendar year by 38,935
not more than the average for such calendar year. 38,936
Adjusted Gross 38,938
Annual Income of
Patient or
Resident or
Liable Relative
(FN a) Number of Dependents (FN b) 38,939
1 2 3 4 5 6 7 8 or 38,948
more
Rate of Support (In Percentages) 38,949
$15,000 or less -- -- -- -- -- -- -- -- 38,951
15,001 to 17,500 20 -- -- -- -- -- -- -- 38,953
17,501 to 20,000 25 20 -- -- -- -- -- -- 38,955
20,001 to 21,000 30 25 20 -- -- -- -- -- 38,957
21,001 to 22,000 35 30 25 20 -- -- -- -- 38,959
22,001 to 23,000 40 35 30 25 20 -- -- -- 38,961
23,001 to 24,000 45 40 35 30 25 20 -- -- 38,963
24,001 to 25,000 50 45 40 35 30 25 20 -- 38,965
25,001 to 26,000 55 50 45 40 35 30 25 20 38,967
26,001 to 27,000 60 55 50 45 40 35 30 25 38,969
27,001 to 28,000 70 60 55 50 45 40 35 30 38,971
28,001 to 30,000 80 70 60 55 50 45 40 35 38,973
30,001 to 40,000 90 80 70 60 55 50 45 40 38,975
40,001 and over 100 90 80 70 60 55 50 45 38,977
Footnote a. The patient or resident or relative shall 38,980
furnish a copy of the patient's, resident's, or relative's 38,981
federal income tax return as evidence of gross annual income. 38,984
Footnote b. The number of dependents includes the liable 38,986
886
relative but excludes the patient or resident in the hospital or 38,987
institution. "Dependent" includes any person who receives more 38,988
than half the person's support from the patient or the patient's 38,990
liable relative.
(3) A patient or resident or liable relative having 38,992
medical, funeral, or related expenses in excess of four per cent 38,993
of the adjusted gross annual income, which expenses were not 38,994
covered by insurance, may adjust such gross annual income by 38,995
reducing the adjusted gross annual income by the full amount of 38,996
such expenses. Proof of such expenses satisfactory to the 38,997
department must be furnished. 38,998
(4) Additional dependencies may be claimed if: 39,000
(a) The liable relative is blind; 39,002
(b) The liable relative is over sixty-five; 39,004
(c) A child is a college student with expenses in excess 39,006
of fifty dollars per month; 39,007
(d) The services of a housekeeper, costing in excess of 39,009
fifty dollars per month, are required if the person who normally 39,010
keeps house for minor children is the patient or resident. 39,011
(5) If with respect to any patient or resident with 39,013
dependents there is chargeable under division (B)(2) of this 39,014
section less than fifty per cent of the per capita APPLICABLE 39,015
cost or, if the base support rate was used, less than fifty per 39,016
cent of the amount determined by use of the base support rate, 39,017
and if with respect to such patient or resident there is a liable 39,018
relative who has an estate having a value in excess of fifteen 39,019
thousand dollars or if such patient or resident has a dependent 39,020
and an estate having a value in excess of fifteen thousand 39,021
dollars, there shall be paid with respect to such patient or 39,022
resident a total of fifty per cent of the per capita APPLICABLE 39,023
cost or the base support rate amount, as the case may be, on a 39,024
current basis or there shall be executed with respect to such 39,025
patient or resident an agreement with the department for payment 39,026
to be made at some future date under terms suitable to the 39,027
887
department.
(6) When a person has been a patient or resident for 39,029
fifteen years and the support charges for which a relative is 39,030
liable have been paid for the fifteen-year period, the liable 39,031
relative shall be relieved of any further support charges. 39,032
(7) The department shall accept voluntary payments from 39,034
patients or residents or liable relatives whose incomes are below 39,035
the minimum shown in the schedule set forth in this division. 39,036
The department also shall accept voluntary payments in excess of 39,037
required amounts from both liable and nonliable relatives. 39,038
(8) If a patient or resident is covered by an insurance 39,040
policy, or other contract that provides for payment of expenses 39,041
for care and treatment for mental illness or mental retardation 39,042
at OR FROM an institution or, facility, (including a hospital or 39,044
community service unit under the jurisdiction of the department), 39,045
OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICE, the other 39,046
provisions of this section, except divisions (B)(8), (10), and 39,048
(11) of this section, and of section 5121.03 of the Revised Code 39,049
shall be suspended to the extent that such insurance policy or 39,050
other contract is in force, and such patient or resident shall be 39,051
charged the full amount of the per capita APPLICABLE cost for 39,052
care and treatment at the institution or facility at which the 39,054
patient or resident receives such care and treatment. Any 39,055
insurance carrier or other third party payor providing coverage 39,056
for such care and treatment shall pay for this support obligation 39,057
in an amount equal to the lesser of either the per capita charges 39,058
for services at the institution or facility APPLICABLE COST or 39,059
the benefits provided under the policy or other contract. 39,060
Whether or not an insured, owner of, or other person having an 39,061
interest in such policy or other contract is liable for support 39,062
payments under other provisions of this chapter, the insured, 39,063
policy owner, or other person shall assign payment directly to 39,064
the department of all assignable benefits under the policy or 39,065
other contract and shall pay over to the department, within ten 39,066
888
days of receipt, all insurance or other benefits received as 39,067
reimbursement or payment for expenses incurred by the patient or 39,069
resident or for any other reason. If the insured, policy owner, 39,070
or other person refuses to assign such payment to the department 39,072
or refuses to pay such received reimbursements or payments over 39,073
to the department within ten days of receipt, the insured's, 39,074
policy owners', or other person's total liability for the 39,075
services equals the applicable statutory liability for payment 39,077
for the services as determined under other provisions of this 39,078
chapter, plus the amounts payable under the terms of the policy 39,079
or other contract. In no event shall this total liability exceed 39,080
the full amount of the per capita APPLICABLE cost for services at 39,081
the institution or facility at which the patient or resident
received the care and treatment. Upon its request, the 39,083
department is entitled to a court order that compels the insured, 39,084
owner of, or other person having an interest in the policy or 39,085
other contract to comply with the assignment requirements of this 39,086
division or that itself serves as a legally sufficient assignment 39,087
in compliance with such requirements. Notwithstanding section 39,088
5122.31 of the Revised Code and any other law relating to 39,089
confidentiality of records, the managing officer of the 39,090
institution or facility where a person is or has been a patient 39,091
or resident, OR THE MANAGING OFFICER OF THE STATE-OPERATED 39,092
COMMUNITY MENTAL HEALTH SERVICES FROM WHICH THE PATIENT RECEIVES 39,093
SERVICES, shall disclose pertinent medical information concerning 39,095
the patient or resident to the insurance carrier or other third 39,096
party payor in question, in order to effect collection from the 39,097
carrier or payor of the state's claim for care and treatment 39,098
under this division. For such disclosure, the managing officer 39,099
is not subject to any civil or criminal liability. 39,100
(9) The rate to be charged for pre-admission care, 39,102
after-care, day-care, or routine consultation and treatment 39,103
services shall be based upon the ability of the patient or 39,104
resident or the patient's or resident's liable relatives to pay. 39,106
889
When it is determined by the department that a charge shall be 39,107
made, such charge shall be computed as provided in divisions 39,108
(B)(1) and (2) of this section. 39,109
(10) If a patient or resident with or without dependents 39,111
is the beneficiary of a trust created pursuant to section 1339.51 39,112
of the Revised Code, then, notwithstanding any contrary provision 39,113
of this chapter or of a rule adopted pursuant to this chapter, 39,114
divisions (C) and (D) of that section shall apply in determining 39,115
the assets or resources of the patient or resident, the patient's 39,117
or resident's estate, or the testator's estate and to claims 39,118
arising under this chapter against the patient or resident, the 39,119
patient's or resident's estate, or the testator's estate. 39,121
(11) If the department of mental retardation and 39,123
developmental disabilities waives the liability of an individual 39,124
and the individual's liable relatives pursuant to section 39,125
5123.194 of the Revised Code, the liability of the individual and 39,127
relative ceases in accordance with the waiver's terms.
(C) The department may enter into agreements with a 39,129
patient or resident or a liable relative for support payments to 39,130
be made in the future. However, no security interest, mortgage, 39,131
or lien shall be taken, granted, or charged against any principal 39,132
family residence of a patient or resident with dependents or a 39,133
liable relative under an agreement or otherwise to secure support 39,134
payments, and no foreclosure actions shall be taken on security 39,135
interests, mortgages or liens taken, granted, or charged against 39,136
principal residences of patients or residents or liable relatives 39,137
prior to October 7, 1977. 39,138
(D) The department shall make all investigations and 39,140
determinations required by this section within ninety days after 39,141
a patient or resident is admitted to an institution under the 39,142
department's control OR A PATIENT BEGINS TO RECEIVE 39,143
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, and immediately 39,144
shall notify by mail the persons liable of the amount to be 39,145
charged.
890
(E) All actions to enforce the collection of payments 39,147
agreed upon or charged by the department shall be commenced 39,148
within six years after the date of default of an agreement to pay 39,149
support charges or the date such payment becomes delinquent. If 39,150
a payment is made pursuant to an agreement which is in default, a 39,151
new six-year period for actions to enforce the collection of 39,152
payments under such agreement shall be computed from the date of 39,153
such payment. For purposes of this division an agreement is in 39,154
default or a payment is delinquent if a payment is not made 39,155
within thirty days after it is incurred or a payment, pursuant to 39,156
an agreement, is not made within thirty days after the date 39,157
specified for such payment. In all actions to enforce the 39,158
collection of payment for the liability for support, every court 39,159
of record shall receive into evidence the proof of claim made by 39,160
the state together with all debts and credits, and it shall be 39,161
prima-facie evidence of the facts contained in it. 39,162
Sec. 5121.06. (A) The following persons other than the 39,172
patient or resident or his THE PATIENT'S OR RESIDENT'S estate are 39,174
liable relatives and all the following persons are jointly and 39,175
severally liable for the support of a patient or resident in a 39,176
hospital or institution under the control of the department of 39,177
mental health or the department of mental retardation and 39,178
developmental disabilities OR FOR THE SUPPORT OF A PATIENT 39,179
RECEIVING STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES: 39,180
(1) The patient or resident or his THE PATIENT'S OR 39,182
RESIDENT'S estate; 39,183
(2) The patient's or resident's husband or wife SPOUSE; 39,185
(3) The father or mother, or both, of a minor patient or 39,187
resident under the age of eighteen years. 39,188
(B) The department shall determine, pursuant to section 39,190
5121.04 of the Revised Code, the amount to be charged each such 39,191
liable person in the order named in this section, but shall not 39,192
collect from any person more than one hundred per cent of the 39,193
appropriate average per capita per visit, or other cost 39,194
891
applicable to such patient or resident COST. 39,195
(C) An action to collect delinquent payments or to enforce 39,197
agreements in default may be brought against any or all persons 39,198
named in this section. To the extent parents of adult patients 39,199
or residents, pursuant to the language of this section previously 39,200
in force, incurred charges for the support of such patients or 39,201
residents between the eighteenth birthday of such patient or 39,202
resident and July 1, 1975, their liability for such period may be 39,203
cancelled, compromised, or settled as provided in section 5121.07 39,204
of the Revised Code. 39,205
(D) Irrespective of the number of patients or residents 39,207
whose care might be chargeable against a liable relative, no 39,208
individual liable relative nor any group of liable relatives who 39,209
are members of the same family unit shall be charged with the 39,210
support of more than one patient or resident during the same 39,211
period of time, and different periods of time for which such 39,212
liable relative has paid the charges for such different patients' 39,213
or residents' care and support shall be added together for the 39,214
purpose of completing the maximum fifteen-year period of 39,215
liability of such liable relative under division (B)(6) of 39,216
section 5121.04 of the Revised Code. 39,217
Sec. 5121.07. Any person who has been charged with the 39,227
payment of the support of a patient or resident of any benevolent 39,228
institution or; for pre-admission care, after-care, day-care, or 39,230
routine consultation and treatment services in a community 39,231
service unit under the control of the department of mental health
or the department of mental retardation and developmental 39,232
disabilities; OR FOR THE COST OF STATE-OPERATED COMMUNITY MENTAL 39,233
HEALTH SERVICES may petition the department for a release from, 39,234
or modification of, such charge, and the department, after an 39,235
investigation, may cancel or modify such former charge, or may 39,236
cancel, compromise, or settle any accrued liability in an amount 39,237
not exceeding five thousand dollars. Amounts in excess thereof
may be canceled, compromised, or settled as provided in section 39,238
892
131.02 of the Revised Code. The department may for due cause 39,239
increase the amount previously ordered paid. 39,240
Sec. 5121.08. The managing officers of the benevolent 39,250
institutions under the control of the department of mental health 39,251
and the department of mental retardation and developmental 39,252
disabilities, THE MANAGING OFFICERS OF STATE-OPERATED COMMUNITY 39,253
MENTAL HEALTH SERVICES, and the committing court, if requested, 39,255
shall submit to the department such information as they may
obtain concerning the financial condition of any patient or 39,256
resident or of relatives liable for the patient's or resident's 39,257
support.
Sec. 5121.09. In case the estate of any patient or 39,267
resident in a benevolent institution under the jurisdiction of 39,269
the department of mental health or the department of mental 39,270
retardation and developmental disabilities OR RECEIVING 39,271
STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES is sufficient for 39,272
his THE PATIENT'S OR RESIDENT'S support, without hardship to any 39,273
others who may be dependent thereon, and no guardian has been 39,274
appointed for such estate, the agent of the department shall 39,276
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 39,286
or resident, or has been a patient or resident, of any benevolent 39,287
institution under the jurisdiction of the department of mental 39,288
health or the department of mental retardation and developmental 39,289
disabilities OR STATE-OPERATED COMMUNITY MENTAL HEALTH SERVICES, 39,290
or upon the death of a person responsible under section 5121.06 39,292
of the Revised Code for the support of a patient or resident, the 39,293
department may waive the presentation of any claim for support 39,294
against the estate of such decedent, when in its judgment an 39,295
otherwise dependent person will be directly benefited by the 39,296
estate. Claims against an estate for support of a patient or 39,297
resident are subject to section 1339.51 and Chapter 2117. of the 39,298
Revised Code, and shall be treated, and may be barred, the same 39,299
893
as the claims of other creditors of the estate, pursuant to that 39,300
section or chapter.
The department may accept from a guardian or trustee of a 39,302
patient or resident a contract agreeing to pay to the state from 39,303
the property of his THE GUARDIAN'S OR TRUSTEE'S ward before or at 39,305
the death of the ward a fixed annual amount for the support of 39,306
the ward while he THE WARD is a patient or resident, with 39,308
interest at four per cent per annum. A copy of the contract 39,309
shall be filed in the probate court of the proper county and duly 39,310
entered as a part of the records concerning the ward. 39,311
Sec. 5123.60. (A) A legal rights service is hereby 39,320
created and established to protect and advocate the rights of 39,321
mentally ill persons, mentally retarded persons, developmentally 39,322
disabled persons, and other disabled persons who may be 39,323
represented by the service pursuant to division (L) of this 39,324
section; to receive and act upon complaints concerning 39,325
institutional and hospital practices and conditions of 39,326
institutions for mentally retarded or developmentally disabled 39,327
persons and hospitals for the mentally ill; and to assure that 39,328
all persons detained, hospitalized, discharged, or 39,329
institutionalized, and all persons whose detention, 39,330
hospitalization, discharge, or institutionalization is sought or 39,331
has been sought under this chapter or Chapter 5122. of the 39,332
Revised Code are fully informed of their rights and adequately 39,333
represented by counsel in proceedings under this chapter or 39,334
Chapter 5122. of the Revised Code and in any proceedings to 39,335
secure the rights of such persons. Notwithstanding the 39,336
definitions of "mentally retarded person" and "developmentally 39,337
disabled person" in section 5123.01 of the Revised Code, the 39,338
legal rights service shall determine who is a mentally retarded 39,339
or developmentally disabled person for purposes of this section 39,340
and sections 5123.601 to 5123.604 of the Revised Code. 39,341
(B) In regard to those persons detained, hospitalized, or 39,343
institutionalized under Chapter 5122. of the Revised Code, the 39,344
894
legal rights service shall undertake formal representation only 39,345
of those persons who are involuntarily detained, hospitalized, or 39,346
institutionalized pursuant to sections 5122.10 to 5122.15 of the 39,347
Revised Code, and those voluntarily detained, hospitalized, or 39,348
institutionalized who are minors, who have been adjudicated 39,349
incompetent, who have been detained, hospitalized, or 39,350
institutionalized in a public hospital, or who have requested 39,351
representation by the legal rights service. If a person referred 39,352
to in division (A) of this section voluntarily requests in 39,353
writing that the legal rights service terminate participation in 39,354
his THE PERSON'S case, such involvement shall cease. 39,355
(C) Any person voluntarily hospitalized or 39,357
institutionalized in a public hospital under division (A) of 39,358
section 5122.02 of the Revised Code, after being fully informed 39,359
of his THE PERSON'S rights pursuant to division (A) of this 39,360
section, may, by written request, waive assistance by the legal 39,362
rights service if the waiver is knowingly and intelligently made, 39,363
without duress or coercion. 39,364
The waiver may be rescinded at any time by the voluntary 39,366
patient or resident, or by his THE VOLUNTARY PATIENT'S OR 39,367
RESIDENT'S legal guardian. 39,368
(D) The legal rights service commission is hereby created 39,370
for the purposes of appointing an administrator of the legal 39,371
rights service, advising the administrator, assisting the 39,372
administrator in developing a budget, and establishing general 39,373
policy guidelines for the legal rights service. The commission 39,374
may receive and act upon appeals of personnel decisions by the 39,375
administrator. 39,376
The commission shall consist of seven members. One member, 39,378
who shall serve as chairman CHAIRPERSON, shall be appointed by 39,379
the chief justice of the supreme court, three members shall be 39,381
appointed by the speaker of the house of representatives, and 39,382
three members shall be appointed by the president of the senate. 39,383
At least two members shall have experience in the field of 39,384
895
developmental disabilities and at least two members shall have 39,385
experience in the field of mental health. No member shall be a 39,386
provider or related to a provider of services to mentally 39,387
retarded, developmentally disabled, or mentally ill persons. 39,388
Terms of office shall be for three years, each term ending on the 39,389
same day of the month of the year as did the term which it 39,390
succeeds. Each member shall serve subsequent to the expiration 39,391
of his THE MEMBER'S term until his A successor is appointed and 39,393
qualifies, or until sixty days has elapsed, whichever occurs 39,394
first. All vacancies shall be filled in the manner prescribed 39,395
for the regular appointments to the commission and shall be 39,396
limited to the unexpired terms. No member shall serve more than 39,397
two consecutive terms. 39,398
The commission shall meet at least four times each year. 39,400
Members shall be reimbursed for their necessary and actual 39,401
expenses incurred in the performance of their official duties. 39,402
The administrator of the legal rights service shall be 39,404
appointed for a five-year term, subject to removal for mental or 39,405
physical incapacity to perform the duties of the office, 39,406
conviction of violation of any law relating to his THE 39,407
ADMINISTRATOR'S powers and duties, or other good cause shown. 39,409
The administrator shall be a person who has had special 39,411
training and experience in the type of work with which the legal 39,412
rights service is charged. If the administrator is not an 39,413
attorney, he THE ADMINISTRATOR shall seek legal counsel when 39,414
appropriate. The salary of the administrator shall be 39,416
established in accordance with section 124.14 of the Revised 39,417
Code.
(E) The legal rights service shall be completely 39,419
independent of the department of mental health and the department 39,420
of mental retardation and developmental disabilities and, 39,421
notwithstanding section 109.02 of the Revised Code, shall also be 39,422
independent of the office of the attorney general. The 39,423
administrator of the legal rights service, staff, and attorneys 39,424
896
designated by him THE ADMINISTRATOR to represent persons 39,425
detained, hospitalized, or institutionalized under this chapter 39,428
or Chapter 5122. of the Revised Code shall have ready access: 39,429
(1) During normal business hours and at other reasonable 39,431
times, to all records relating to expenditures of state and 39,432
federal funds or to the commitment, care, treatment, and 39,433
habilitation of all persons represented by the legal rights 39,434
service, including those who may be represented pursuant to 39,435
division (L) of this section, or persons detained, hospitalized, 39,436
institutionalized, or receiving services under this chapter or 39,437
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are 39,438
records maintained by the following entities providing services 39,439
for those persons: departments; institutions; hospitals; 39,440
community residential facilities; boards of alcohol, drug 39,441
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of 39,442
those boards; and any other entity providing services to persons 39,443
who may be represented by the service pursuant to division (L) of 39,444
this section;
(2) To any records maintained in computerized data banks 39,446
of the departments or boards or, in the case of persons who may 39,447
be represented by the service pursuant to division (L) of this 39,448
section, any other entity that provides services to those 39,449
persons;
(3) During their normal working hours, to personnel of the 39,451
departments, facilities, boards, agencies, institutions, 39,453
hospitals and other service providing entities;
(4) At any time, to all persons detained, hospitalized, OR 39,455
institutionalized; persons receiving services under this chapter 39,456
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 39,457
persons who may be represented by the service pursuant to 39,458
division (L) of this section.
(F) The administrator of the legal rights service shall: 39,460
(1) Administer and organize the work of the legal rights 39,462
897
service and establish administrative or geographic divisions as 39,463
he THE ADMINISTRATOR considers necessary, proper, and expedient; 39,464
(2) Adopt and promulgate rules and prescribe duties for 39,466
the efficient conduct of the business and general administration 39,467
of the legal rights service; 39,468
(3) Appoint and discharge employees, and hire such 39,470
experts, consultants, advisors, or other professionally qualified 39,471
persons as he THE ADMINISTRATOR considers necessary to carry out 39,472
the duties of the legal rights service; 39,474
(4) Apply for and accept grants of funds, and accept 39,476
charitable gifts and bequests; 39,477
(5) Prepare and submit a budget to the general assembly 39,479
for the operation of the legal rights service; 39,480
(6) Enter into contracts and make such expenditures as are 39,482
necessary for the efficient operation of the legal rights 39,483
service; 39,484
(7) Annually prepare a report of activities and submit 39,486
copies of the report to the governor, the chief justice of the 39,487
supreme court, the president of the senate, the speaker of the 39,488
house of representatives, the director of mental health, and the 39,489
director of mental retardation and developmental disabilities, 39,490
and make the report available to the public. 39,491
(G) The legal rights service may act directly or contract 39,493
with other organizations or individuals for the provision of the 39,494
services envisioned under this section. Whenever possible, the 39,495
administrator shall attempt to facilitate the resolution of 39,496
complaints through administrative channels. The administrator 39,497
may, when IF attempts at administrative resolution prove 39,498
unsatisfactory, initiate actions in mandamus and such other THE 39,499
ADMINISTRATOR MAY PURSUE ANY legal, ADMINISTRATIVE, and equitable 39,501
OTHER APPROPRIATE remedies as OR APPROACHES THAT may be necessary 39,502
to accomplish the purposes of this section. Relationships 39,503
between personnel and the agents of the legal rights service and 39,505
its clients shall be fiduciary relationships, and all 39,506
898
communications shall be confidential, as if between attorney and 39,507
client.
(H) The legal rights service, on the order of the 39,509
administrator, with the approval of the commission, may compel by 39,510
subpoena the appearance and sworn testimony of any person the 39,511
administrator reasonably believes may be able to provide 39,512
information or to produce any documents, books, records, papers, 39,513
or other information necessary to carry out its duties. 39,514
(I) The legal rights service may conduct public hearings. 39,516
(J) The legal rights service may request from any 39,518
governmental agency any cooperation, assistance, services, or 39,519
data that will enable it to perform its duties. 39,520
(K) In any malpractice action filed against the 39,522
administrator of the legal rights service, a member of the staff 39,523
of the legal rights service, or an attorney designated by the 39,524
administrator to perform legal services under division (E) of 39,525
this section, the state shall, when the administrator, member, or 39,526
attorney has acted in good faith and in the scope of his 39,527
employment, indemnify the administrator, member, or attorney for 39,528
any judgment awarded or amount negotiated in settlement, and for 39,529
any court costs or legal fees incurred in defense of the claim. 39,530
This division does not limit or waive, and shall not be 39,532
construed to limit or waive, any defense that is available to the 39,533
legal rights service, its administrator or employees, persons 39,534
under a personal services contract with it, or persons designated 39,535
under division (E) of this section, including, but not limited 39,536
to, any defense available under section 9.86 of the Revised Code. 39,537
(L) In addition to providing services to mentally ill, 39,539
mentally retarded, or developmentally disabled persons, when a 39,540
grant authorizing the provision of services to other individuals 39,541
is accepted pursuant to division (F)(4) of this section, the 39,542
legal rights service and its ombudsman OMBUDSPERSON section may 39,543
provide advocacy or ombudsman OMBUDSPERSON services to those 39,545
other individuals and exercise any other authority granted by 39,547
899
this section or sections 5123.601 to 5123.604 of the Revised Code 39,548
on behalf of those individuals. Determinations of whether an 39,549
individual is eligible for services under this division shall be 39,550
made by the legal rights service. 39,551
Sec. 5126.054. WITH RESPECT TO ANY HOME AND 39,553
COMMUNITY-BASED SERVICES PROGRAM ADMINISTERED BY THE DEPARTMENT 39,554
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES THROUGH 39,555
FUNDING RECEIVED AS A RESULT OF A WAIVER OF FEDERAL REQUIREMENTS 39,556
THAT APPLY TO THE MEDICAL ASSISTANCE PROGRAM OPERATED UNDER 39,557
CHAPTER 5111. OF THE REVISED CODE, A COUNTY BOARD OF MENTAL 39,559
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY PARTICIPATE IN THE 39,560
WAIVER PROGRAM BY ENTERING INTO AN AGREEMENT WITH THE DEPARTMENT
UNDER WHICH THE BOARD AGREES TO USE AND TO CONTINUE USING ITS 39,562
FUNDS AS THE STATE'S SHARE OF THE COMBINED STATE AND FEDERAL COST 39,563
OF PROVIDING SERVICES TO INDIVIDUALS UNDER THE WAIVER PROGRAM. 39,564
AN AGREEMENT ENTERED INTO UNDER THIS SECTION REMAINS IN EFFECT AS 39,565
LONG AS THERE ARE RESIDENTS OF THE COUNTY WHO NEED THE SERVICES 39,566
MADE AVAILABLE UNDER THE WAIVER PROGRAM OR UNTIL THE DEPARTMENT 39,567
CANCELS THE AGREEMENT. 39,568
FUNDS THE BOARD MAY AGREE TO USE AND CONTINUE USING FOR THE 39,570
WAIVER PROGRAM INCLUDE STATE FUNDS DISTRIBUTED BY THE DEPARTMENT 39,571
FOR THE BOARD'S USE IN PROVIDING RESIDENTIAL AND OTHER SUPPORT 39,572
SERVICES AND COUNTY FUNDS APPROPRIATED TO THE BOARD BY THE BOARD 39,573
OF COUNTY COMMISSIONERS FROM TAX LEVIES AND SOURCES OTHER THAN 39,575
THE COUNTY GENERAL FUND. FUNDS USED BY A BOARD UNDER THIS
SECTION DO NOT SUPPLANT FUNDS APPROPRIATED TO THE DEPARTMENT FOR 39,576
USE AS THE STATE'S SHARE OF THE COST OF THE WAIVER PROGRAM. 39,577
THE DEPARTMENT MAY TAKE ANY ACTION NECESSARY TO ENSURE THAT 39,579
A BOARD FULFILLS THE TERMS OF AN AGREEMENT IT ENTERS INTO UNDER 39,580
THIS SECTION. IF THE DEPARTMENT TAKES THE ACTION OF WITHHOLDING 39,581
FUNDS THAT IT WOULD OTHERWISE DISTRIBUTE TO THE BOARD AND THE 39,582
AMOUNT WITHHELD IS INSUFFICIENT TO COVER THE STATE'S SHARE OF THE 39,583
COST OF SERVICES PROVIDED TO THE BOARD'S CLIENTS UNDER THE WAIVER 39,584
PROGRAM, THE DEPARTMENT MAY, THROUGH THE ATTORNEY GENERAL, BRING 39,585
900
AN ACTION, INCLUDING A MANDAMUS ACTION, AGAINST THE BOARD IN THE 39,586
COURT OF COMMON PLEAS OF THE COUNTY SERVED BY THE BOARD OR IN THE 39,587
FRANKLIN COUNTY COURT OF COMMON PLEAS. IF THE COURT FINDS THAT 39,588
THE DEPARTMENT'S CLAIM IS VALID, THE COURT SHALL ORDER THAT THE
BOARD PROVIDE THE FUNDS OR THAT THE FUNDS BE RECOVERED IN ANY 39,589
OTHER APPROPRIATE MANNER FROM SOURCES OF FUNDS AVAILABLE FOR USE 39,590
BY THE COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL 39,591
DISABILITIES.
THE DEPARTMENT SHALL ESTABLISH UNIFORM ACCOUNTING PRACTICES 39,593
TO IDENTIFY AND SEGREGATE THE FUNDS THAT A COUNTY BOARD AGREES TO 39,595
USE AND TO CONTINUE USING PURSUANT TO THIS SECTION. THE 39,596
DEPARTMENT MAY COLLECT THE FUNDS FROM THE BOARDS AND DEPOSIT THEM 39,597
INTO THE STATE TREASURY TO THE CREDIT OF A FUND CREATED BY THE 39,598
CONTROLLING BOARD FOR THAT PURPOSE.
THE DEPARTMENT SHALL ADOPT RULES AS NECESSARY TO IMPLEMENT 39,600
THIS SECTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH 39,601
CHAPTER 119. OF THE REVISED CODE.
Sec. 5126.35. As used in this section and in sections 39,610
5126.351 to 5126.356 5126.357 of the Revised Code: 39,611
(A) "County board client" means a person enrolled in a 39,614
program offered by a county board of mental retardation and 39,615
developmental disabilities or receiving services from a county 39,616
board.
(B) "County board worker" means a person who is employed 39,619
by a county board of mental retardation and developmental 39,620
disabilities or provides services to county board clients either 39,621
as a volunteer or pursuant to a contract with the board, except 39,622
that "county board worker" does not include a health care 39,623
professional acting within the scope of his professional PRACTICE 39,624
AUTHORIZED BY THE PROFESSIONAL'S license or certificate. 39,625
(C) "Delegated nursing task" means a task that is within 39,628
the scope of practice of a nurse as determined pursuant to 39,629
Chapter 4723. of the Revised Code and is delegated by a nurse to 39,630
a county board worker pursuant to a policy adopted by a county 39,631
901
board under section 5126.351 of the Revised Code. 39,632
(D) "Health care professional" means any of the following: 39,635
(1) A dentist who holds a valid license issued under 39,637
Chapter 4715. of the Revised Code; 39,638
(2) A registered or licensed practical nurse who holds a 39,641
valid license issued under Chapter 4723. of the Revised Code; 39,642
(3) An optometrist who holds a valid license issued under 39,645
Chapter 4725. of the Revised Code;
(4) A pharmacist who holds a valid license issued under 39,647
Chapter 4729. of the Revised Code; 39,648
(5) A doctor of medicine or osteopathic medicine, 39,650
podiatrist, or a practitioner of a limited branch of medicine who 39,651
holds a valid certificate issued under Chapter 4731. of the 39,653
Revised Code;
(6) A physician's assistant for whom a physician holds a 39,656
valid certificate of registration issued under section 4730.04 of 39,657
the Revised Code;
(7) An occupational therapist or occupational therapy 39,659
assistant or a physical therapist or physical therapy assistant 39,660
who holds a valid license issued under Chapter 4755. of the 39,662
Revised Code;
(8) A respiratory care professional who holds a valid 39,664
license issued under Chapter 4761. of the Revised Code. 39,666
(E) "Nurse" means a registered nurse or licensed practical 39,669
nurse who holds a valid license issued under Chapter 4723. of the 39,670
Revised Code.
(F) "Prescribed medication" means a drug described in 39,673
section 4729.01 of the Revised Code that is to be taken orally or 39,674
applied topically pursuant to the instructions of a health care 39,675
professional who is authorized by law to prescribe drugs. 39,676
Sec. 5126.357. (A) AS USED IN THIS SECTION: 39,678
(1) "IN-HOME CARE" MEANS THE SUPPORTIVE SERVICES PROVIDED 39,680
WITHIN THE HOME OF AN INDIVIDUAL WHO RECEIVES FUNDING FOR THE 39,681
SERVICES AS A COUNTY BOARD CLIENT, INCLUDING ANY CLIENT WHO 39,682
902
RECEIVES RESIDENTIAL SERVICES FUNDED THROUGH THE MEDICAL 39,684
ASSISTANCE PROGRAM'S HOME AND COMMUNITY-BASED SERVICES WAIVERS
ADMINISTERED BY THE DEPARTMENT OF MENTAL RETARDATION AND 39,686
DEVELOPMENTAL DISABILITIES, FAMILY SUPPORT SERVICES PROVIDED 39,687
UNDER SECTION 5126.11 OF THE REVISED CODE, OR SUPPORTED LIVING 39,689
PROVIDED IN ACCORDANCE WITH SECTIONS 5126.41 TO 5126.47 OF THE 39,690
REVISED CODE. "IN-HOME CARE" INCLUDES CARE THAT IS PROVIDED 39,691
OUTSIDE A CLIENT'S HOME IN PLACES INCIDENTAL TO THE HOME, AND 39,692
WHILE TRAVELING TO PLACES INCIDENTAL TO THE HOME, EXCEPT THAT 39,694
"IN-HOME CARE" DOES NOT INCLUDE CARE PROVIDED IN THE FACILITIES 39,695
OF A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL 39,696
DISABILITIES OR CARE PROVIDED IN SCHOOLS.
(2) "PARENT" MEANS EITHER PARENT OF A CHILD, INCLUDING AN 39,698
ADOPTIVE PARENT BUT NOT A FOSTER PARENT. 39,699
(3) "UNLICENSED IN-HOME CARE WORKER" MEANS AN INDIVIDUAL 39,701
WHO PROVIDES IN-HOME CARE BUT IS NOT A HEALTH CARE PROFESSIONAL. 39,703
A COUNTY BOARD WORKER MAY BE AN UNLICENSED IN-HOME CARE WORKER. 39,704
(B) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 39,706
THE PARENT OR GUARDIAN OF AN INDIVIDUAL WITH MENTAL RETARDATION 39,708
OR A DEVELOPMENTAL DISABILITY WHO IS NOT MORE THAN TWENTY-ONE 39,709
YEARS OF AGE OR THE GUARDIAN OF AN INDIVIDUAL WITH MENTAL 39,710
RETARDATION OR A DEVELOPMENTAL DISABILITY WHO IS AGE TWENTY-ONE 39,711
OR OLDER MAY AUTHORIZE AN UNLICENSED IN-HOME CARE WORKER TO GIVE 39,712
OR APPLY PRESCRIBED MEDICATION OR PERFORM OTHER HEALTH CARE TASKS 39,713
AS PART OF THE IN-HOME CARE PROVIDED TO THE INDIVIDUAL, IF THE 39,714
PARENT OR GUARDIAN IS THE PRIMARY SUPERVISOR OF THE CARE AND THE 39,716
UNLICENSED IN-HOME CARE WORKER HAS BEEN SELECTED BY THE PARENT OR 39,717
GUARDIAN AND IS UNDER THE DIRECT SUPERVISION OF THE PARENT OR 39,718
GUARDIAN. SECTIONS 4723.62 AND 5126.351 TO 5126.356 OF THE 39,719
REVISED CODE DO NOT APPLY TO THE IN-HOME CARE AUTHORIZED BY A 39,720
PARENT OR GUARDIAN UNDER THIS SECTION. INSTEAD, A PARENT OR
GUARDIAN SHALL OBTAIN A PRESCRIPTION, IF APPLICABLE, AND WRITTEN 39,722
INSTRUCTIONS FROM A HEALTH CARE PROFESSIONAL FOR THE CARE TO BE 39,723
PROVIDED TO THE INDIVIDUAL. THE PARENT OR GUARDIAN SHALL 39,724
903
AUTHORIZE THE UNLICENSED IN-HOME CARE WORKER TO PROVIDE THE CARE 39,725
BY PREPARING A WRITTEN DOCUMENT GRANTING THE AUTHORITY. THE 39,726
PARENT OR GUARDIAN SHALL PROVIDE THE UNLICENSED IN-HOME CARE
WORKER WITH APPROPRIATE TRAINING AND WRITTEN INSTRUCTIONS IN 39,727
ACCORDANCE WITH THE INSTRUCTIONS OBTAINED FROM THE HEALTH CARE 39,728
PROFESSIONAL.
(C) A PARENT OR GUARDIAN WHO AUTHORIZES AN UNLICENSED 39,730
IN-HOME CARE WORKER TO GIVE OR APPLY PRESCRIBED MEDICATION OR 39,732
PERFORM OTHER HEALTH CARE TASKS RETAINS FULL RESPONSIBILITY FOR 39,733
THE HEALTH AND SAFETY OF THE INDIVIDUAL RECEIVING THE CARE AND 39,734
FOR ENSURING THAT THE WORKER PROVIDES THE CARE APPROPRIATELY AND 39,735
SAFELY. NO ENTITY THAT FUNDS OR MONITORS THE PROVISION OF 39,736
IN-HOME CARE MAY BE HELD LIABLE FOR THE RESULTS OF THE CARE 39,738
PROVIDED UNDER THIS SECTION BY AN UNLICENSED IN-HOME CARE WORKER,
INCLUDING SUCH ENTITIES AS THE COUNTY BOARD OF MENTAL RETARDATION 39,740
AND DEVELOPMENTAL DISABILITIES, ANY OTHER ENTITY THAT EMPLOYS AN 39,741
UNLICENSED IN-HOME CARE WORKER, AND THE DEPARTMENT OF MENTAL 39,742
RETARDATION AND DEVELOPMENTAL DISABILITIES. 39,744
AN UNLICENSED IN-HOME CARE WORKER WHO IS AUTHORIZED UNDER 39,746
THIS SECTION BY A PARENT OR GUARDIAN TO PROVIDE CARE TO AN 39,747
INDIVIDUAL MAY NOT BE HELD LIABLE FOR ANY INJURY CAUSED IN 39,749
PROVIDING THE CARE, UNLESS THE WORKER PROVIDES THE CARE IN A 39,750
MANNER THAT IS NOT IN ACCORDANCE WITH THE TRAINING AND
INSTRUCTIONS RECEIVED OR THE WORKER ACTS IN A MANNER THAT 39,751
CONSTITUTES WANTON OR RECKLESS MISCONDUCT. 39,752
(D) A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL 39,754
DISABILITIES MAY EVALUATE THE AUTHORITY GRANTED BY A PARENT OR 39,755
GUARDIAN UNDER THIS SECTION TO AN UNLICENSED IN-HOME CARE WORKER 39,756
AT ANY TIME IT CONSIDERS NECESSARY AND SHALL EVALUATE THE 39,757
AUTHORITY ON RECEIPT OF A COMPLAINT. IF THE BOARD DETERMINES 39,758
THAT THE PARENT OR GUARDIAN HAS ACTED IN A MANNER THAT IS 39,759
INAPPROPRIATE FOR THE HEALTH AND SAFETY OF THE INDIVIDUAL
RECEIVING THE SERVICES, THE AUTHORIZATION GRANTED BY THE PARENT 39,761
OR GUARDIAN TO AN UNLICENSED IN-HOME CARE WORKER IS VOID AND THE 39,762
904
PARENT OR GUARDIAN MAY NOT AUTHORIZE OTHER UNLICENSED IN-HOME 39,763
CARE WORKERS TO PROVIDE THE CARE. IN MAKING SUCH A
DETERMINATION, THE BOARD SHALL USE APPROPRIATELY LICENSED HEALTH 39,764
CARE PROFESSIONALS AND SHALL PROVIDE THE PARENT OR GUARDIAN AN 39,765
OPPORTUNITY TO FILE A COMPLAINT UNDER SECTION 5126.06 OF THE 39,766
REVISED CODE.
Sec. 5139.27. The department of youth services shall adopt 39,775
rules prescribing the minimum standards of construction for a 39,776
school, forestry camp, or other facility established under 39,777
section 2151.65 of the Revised Code for which financial 39,778
assistance may be granted to assist in defraying the cost of the 39,779
construction of such THE school, forestry camp, or other 39,780
facility. If an application for such THAT financial assistance 39,782
is filed with the department under section 2151.651 of the 39,784
Revised Code, and the department finds that the application is in 39,785
proper form and the specifications for the construction of such 39,786
THE school, forestry camp, or other facility meet the minimum 39,787
standards set forth in the rules adopted by the department, the 39,788
department may, from moneys available to it for granting 39,789
financial assistance for the construction of schools, forestry 39,790
camps, or other facilities established under section 2151.65 of 39,791
the Revised Code, grant financial assistance to the county making 39,792
such THE application, subject to the approval of the controlling 39,793
board, in an amount not to exceed one-half of the county's share 39,794
of the cost of construction of such THE school, forestry camp, or 39,795
other facility but not to exceed six thousand five hundred 39,797
dollars for each bed unit provided for in such THE school, 39,798
forestry camp, or other facility. No financial assistance shall 39,800
be granted for the construction of any school, forestry camp, or 39,801
other facility designed to accommodate more than one hundred 39,802
fifty children at any one time. As used in this section, 39,803
"construction" means the building and the initial equipping of 39,804
new structures and, to the extent provided for in rules adopted 39,805
by the department, the acquisition, remodeling, and initial 39,806
905
equipping of existing structures, excluding architect's fees and 39,807
the cost of land acquisition.
A county that receives financial assistance under this 39,809
section shall not be obligated to repay such THE assistance to 39,810
the state unless the school, forestry camp, or other facility for 39,812
which such THE assistance is granted is used within the ten-year 39,813
period immediately following its establishment for other than the 39,814
purpose of rehabilitating children between the ages of twelve to 39,815
eighteen years, other than psychotic or mentally retarded 39,816
children, who are designated delinquent, as defined in section 39,817
2151.02 of the Revised Code, or unruly, as defined in section 39,818
2151.022 of the Revised Code, by order of a juvenile court. If 39,819
the department of youth services finds that such THE school, 39,820
forestry camp, or other facility is used for other than such THAT 39,822
purpose within such THAT ten-year period, such THE county shall 39,824
be obligated to repay such THE assistance to the state and, 39,825
through its board of county commissioners, may enter into an 39,826
agreement with the director of budget and management for the 39,827
discharge of such THAT obligation over a period not to exceed ten 39,828
years in duration. Whenever a county is obligated to repay such 39,829
THAT assistance to the state and its board of county 39,831
commissioners fails to enter into or fails to comply with an 39,832
agreement for the discharge of such THAT obligation, the tax 39,834
commissioner, pursuant to section 5747.54 of the Revised Code, 39,835
shall withhold from distribution to such THE county from the 39,837
local government fund an amount sufficient to discharge such THE 39,838
county from such THAT obligation to the state. 39,839
Sec. 5139.271. Subject to the approval of the controlling 39,848
board, the department of youth services may grant and pay 39,849
financial assistance to defray the county's share of the cost of 39,850
acquiring or constructing a district detention home, established 39,851
under section 2151.34 of the Revised Code, to any county making 39,852
application under section 2151.3416 of the Revised Code if the 39,853
department finds that the application was made in accordance with 39,854
906
its rules and the home or the specifications for the home meet 39,855
minimum standards established by the department. No financial 39,856
assistance shall be granted for defraying the cost of architects' 39,857
fees or land. 39,858
The department shall adopt rules prescribing the minimum 39,860
standards of construction and condition of existing structures, 39,861
established under section 2151.34 of the Revised Code, for which 39,862
financial assistance is granted under this section. The 39,863
department may recommend programs of education and training and 39,864
the qualifications desired for personnel of a district detention 39,865
home. 39,866
The amount of financial assistance granted to any county 39,868
shall not exceed one-half of the county's share of the cost of 39,869
acquisition or construction of the home. The total of all state 39,870
assistance for any home shall not exceed six thousand five 39,871
hundred dollars for each bed unit provided for in such THE home. 39,872
No financial assistance shall be granted for the construction of 39,874
a home designed to accommodate more than one hundred fifty 39,875
children at any one time. 39,876
A county which receives financial assistance under this 39,878
section shall repay such THE assistance to the state if the home 39,879
for which such THE assistance is granted is used within the 39,881
ten-year period immediately following its establishment for 39,882
purposes other than those contained in section 2151.34 of the 39,883
Revised Code. A board of county commissioners which uses the 39,884
home for any other purpose within such THAT period shall enter 39,885
into an agreement with the director of budget and management for 39,888
the discharge of such THAT obligation over a period not to exceed 39,889
ten years. If a board of county commissioners fails to enter 39,890
into an agreement for the discharge of such THAT obligation, or 39,891
fails to comply with the terms of such an agreement, the director 39,893
shall direct the tax commissioner, pursuant to section 5747.54 of 39,894
the Revised Code, shall TO withhold from the distribution of the 39,895
local government fund an amount sufficient to discharge the 39,896
907
obligation.
As used in this section: 39,898
(A) "Construction" means the building and initial 39,900
equipping of new structures. 39,901
(B) "Acquisition" means "acquisition" as defined in the 39,903
rules of the department, which may include the purchase, 39,904
remodeling, and initial equipping of existing structures. 39,905
Sec. 5139.28. The department of youth services shall adopt 39,914
and promulgate rules prescribing the standards of operation, 39,915
programs of education, and training and qualifications of 39,916
personnel of a school, forestry camp, or other facility, 39,917
established under section 2151.65 of the Revised Code, for which 39,918
financial assistance may be granted to assist in defraying the 39,919
cost of the operation and maintenance of the school, forestry 39,920
camp, or other facility. If an application is made to the 39,921
department under section 2151.652 of the Revised Code for 39,922
financial assistance and the department finds that the 39,923
application is in proper form and the standards of operation, 39,924
programs of education, and training and qualifications of 39,925
personnel of the school, forestry camp, or other facility meet 39,926
the requirements of the rules of the department adopted under 39,927
this section, the department, from moneys made available to it 39,928
for the purpose of granting financial assistance under this 39,929
section, may grant financial assistance for the operation and 39,930
maintenance of the school, forestry camp, or other facility in an 39,931
amount not to exceed one-half of the cost of operating and 39,932
maintaining the school, forestry camp, or other facility. 39,933
The department shall not grant financial assistance for the 39,935
operation or maintenance of a school, forestry camp, or other 39,936
facility established under section 2151.65 of the Revised Code 39,937
unless it is used solely for the purpose of rehabilitating 39,938
children between twelve and eighteen years of age, other than 39,939
psychotic or mentally retarded children, who have been 39,940
adjudicated delinquent children or unruly children by order of a 39,941
908
juvenile court. The department shall not grant financial 39,942
assistance for the operation or maintenance of a school, forestry 39,943
camp, or other facility established under section 2151.65 of the 39,944
Revised Code that houses more than one hundred fifty children at 39,945
any one time. 39,946
Sec. 5139.281. The department of youth services shall 39,955
adopt rules prescribing the manner of application for financial 39,956
assistance under this section for the operation and maintenance 39,957
of a detention home provided, or district detention home 39,958
established, under section 2151.34 of the Revised Code and 39,959
prescribing minimum standards of operation, including criteria 39,960
for programs of education, training, counseling, recreation, 39,961
health, and safety, and qualifications of personnel with which a 39,962
home shall comply as a condition of eligibility for assistance 39,963
under this section. If the board of county commissioners 39,964
providing a detention home or the board of trustees of a district 39,965
detention home applies to the department for assistance and if 39,966
the department finds that the application is in accordance with 39,967
the rules adopted under this section and that the home meets the 39,968
minimum standards adopted under this section, the department may 39,969
grant assistance to the applicant board for the operation and 39,970
maintenance of each home in an amount not to exceed fifty per 39,971
cent of the approved annual operating cost. The board shall make 39,972
a separate application for each year for which assistance is 39,973
requested. The department shall not grant assistance for the 39,974
operation and maintenance of a home that is designed to 39,975
accommodate fewer than ten children or that houses more than one 39,976
hundred fifty children at any one time. 39,977
The department shall adopt any necessary rules for the 39,979
care, treatment, and training in a district detention home of 39,980
children found to be delinquent children and committed to the 39,981
home by the juvenile court under section 2151.355 of the Revised 39,982
Code and may approve for this purpose any home that is found to 39,983
be in compliance with the rules it adopts. 39,984
909
The department shall provide, at least once every six 39,986
months, in-service training programs for staff members of 39,987
detention homes or district detention homes and shall pay all 39,988
travel and other necessary expenses incurred by participating 39,989
staff members. 39,990
Sec. 5139.43. (A) The department of youth services shall 40,003
operate a felony delinquent care and custody program with the 40,004
remainder of the appropriation described in division (E) of 40,005
section 5139.41 of the Revised Code. The program shall be 40,007
operated in accordance with the formula developed pursuant to 40,008
sections 5139.41 and 5139.42 of the Revised Code, subject to the 40,009
conditions specified in this section, and in conjunction with the 40,010
contingency program described in section 5139.45 of the Revised 40,011
Code.
(B)(1) The department of youth services annually shall 40,013
allocate to each county a portion of the remainder of the 40,014
appropriation described in division (E) of section 5139.41 of the 40,016
Revised Code. The portion to be allocated to each county shall 40,017
be determined by multiplying the county's percentage determined 40,018
under division (E) of section 5139.42 of the Revised Code by the 40,019
amount of that remainder. The department shall divide the 40,020
portion to be allocated to each county by twelve or, if in a 40,021
particular fiscal year the felony delinquent care and custody 40,022
program is in effect in a county less than twelve months, by the 40,023
number of months the program is in effect in that county to 40,024
determine the monthly allocation to that county.
(2)(a) Except as provided in division DIVISIONS (B)(2)(b) 40,026
AND (E) of this section, the department shall reduce the monthly 40,028
allocation for each fiscal year to each county as determined 40,029
under division (B)(1) of this section by both of the following: 40,030
(i) Seventy-five per cent of the amount determined by 40,033
multiplying the per diem cost for the care and custody of felony 40,034
delinquents, as determined pursuant to division (D) of section 40,035
5139.42 of the Revised Code, by the number of felony delinquents 40,036
910
who have been adjudicated delinquent children and, except as 40,037
otherwise provided in divisions (B)(2)(a) and (3) of this 40,039
section, who are in the care and custody of an institution 40,040
pursuant to a commitment, recommitment, or revocation of a 40,042
release by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 40,044
multiplying the per diem cost for the care and custody of felony 40,045
delinquents, as determined pursuant to division (D) of section 40,046
5139.42 of the Revised Code, by the number of felony delinquents 40,047
who have been adjudicated delinquent children and, except as 40,048
otherwise provided in division (B)(3) of this section, who are in 40,050
the care and custody of a community corrections facility pursuant
to a placement by the department with the consent of the juvenile 40,051
court of that county as described in division (E) of section 40,052
5139.36 of the Revised Code. 40,053
Public safety beds shall not be included in the number of 40,056
felony delinquents who have been adjudicated delinquent children 40,057
by a juvenile court in making the seventy-five per cent reduction 40,058
described in division (B)(2)(a)(i) of this section. The 40,061
department shall bear the care and custody costs associated with 40,062
public safety beds. 40,063
(b) If a county has exhausted its current and future 40,065
monthly allocations for the current fiscal year as determined 40,066
under division (B)(1) of this section, the department shall bear 40,067
the remainder of the amounts calculated under divisions 40,069
(B)(2)(a)(i) and (ii) of this section for the care and custody of 40,071
felony delinquents who are in the care and custody of an 40,072
institution pursuant to a commitment, recommitment, or revocation 40,074
of a release or in the care and custody of a community 40,075
corrections facility by debiting, in accordance with division 40,077
(C)(2) of section 5139.45 of the Revised Code, the amount of the 40,078
appropriation for care and custody of felony delinquents that was 40,079
set aside for the contingency program pursuant to division (A) of 40,080
section 5139.41 of the Revised Code.
911
(3)(a) Subject to divisions (B)(2)(b) and (4) and 40,082
(C)(3)(b) and (c) of this section and subject to the special 40,084
provisions of division (B)(3)(b) of this section pertaining to 40,085
monthly allocations under divisions (B)(1) and (2)(a) of this 40,087
section for the month of June, after the application of division 40,088
(B)(2)(a) of this section and on or before the fifteenth day of 40,089
the following month, the department shall disburse to the 40,090
juvenile court of each county the remainder of the monthly 40,091
allocation of that county as determined pursuant to divisions 40,092
(B)(1) and (2)(a) of this section.
(b)(i) For the monthly allocation for the month of June of 40,095
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 40,096
(B)(2)(a)(i) and (ii) of this section rather than use the actual 40,098
number of those felony delinquents, shall use the estimated 40,099
number of those felony delinquents in making the seventy-five per 40,101
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 40,102
allocation of each county for the month of June, as determined 40,103
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 40,105
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 40,107
If the total of the seventy-five per cent and fifty per cent 40,108
reductions described in division (B)(2)(a) of this section 40,110
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 40,111
amount of the excess by debiting, in accordance with division 40,112
(C)(2) of section 5139.45 of the Revised Code, the amount of the 40,114
appropriation for care and custody of felony delinquents that was 40,115
set aside for the contingency program pursuant to division (A) of 40,116
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 40,118
department shall reconcile for each county the estimated 40,119
reductions that occurred pursuant to divisions (B)(2)(a) and 40,120
912
(3)(b)(i) of this section and the reductions that should have 40,122
occurred pursuant to division (B)(2)(a) of this section by using 40,123
the actual number of felony delinquents described in divisions 40,124
(B)(2)(a)(i) and (ii) of this section for the month of June of 40,125
the prior fiscal year. After that reconciliation occurs, subject 40,126
to divisions (B)(2)(b) and (4) and (C)(3)(b) and (c) of this 40,128
section, the department shall disburse to each county the 40,129
remainder of its monthly allocation for the month of June of the 40,130
prior fiscal year as adjusted pursuant to the reconciliation and 40,131
division (B)(3)(b)(ii) of this section. 40,132
In connection with the adjustments in the monthly 40,134
allocations for the month of June of the prior fiscal year, if 40,135
the encumbered monthly allocations of one or more counties for 40,136
that month exceed or are less than the monthly allocations for 40,137
that month to which those counties are entitled under divisions 40,138
(B)(1) and (2)(a) of this section by using the actual number of 40,139
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 40,140
of this section rather than the estimated number of those felony 40,141
delinquents, the department may make the necessary adjustments in 40,142
the monthly allocations of those counties for the month of June 40,143
of the prior fiscal year within the total of the moneys for 40,144
monthly allocations for that month that were encumbered for all 40,145
of the counties. If that total amount is insufficient to make 40,146
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 40,148
the department shall cover the insufficiency by debiting, in 40,149
accordance with division (C)(2) of section 5139.45 of the Revised 40,150
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 40,151
pursuant to division (A) of section 5139.41 of the Revised Code. 40,152
(4) Notwithstanding the general disbursement requirements 40,155
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 40,156
court fails to comply with division (C)(3)(d) of this section and 40,157
the department is not able to reconcile fiscal accounting as a 40,158
913
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 40,159
(b)(ii) of this section to the juvenile court until it complies 40,161
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 40,163
to it by the department of youth services pursuant to division 40,164
(B) of this section in accordance with the applicable provisions 40,165
of division (C)(2) of this section and shall transmit the moneys 40,166
to the county treasurer for deposit in accordance with this 40,167
division. The county treasurer shall create in the county 40,168
treasury a fund that shall be known as the felony delinquent care 40,169
and custody fund and shall deposit in that fund the moneys 40,170
disbursed to the juvenile court pursuant to division (B) of this 40,171
section. The county treasurer also shall deposit into that fund 40,172
the state subsidy funds granted to the county pursuant to section 40,173
5139.34 of the Revised Code. The moneys disbursed to the 40,175
juvenile court pursuant to division (B) of this section and 40,176
deposited pursuant to this division in the felony delinquent care 40,177
and custody fund shall not be commingled with any other county 40,179
funds except state subsidy funds granted to the county pursuant 40,180
to section 5139.34 of the Revised Code; shall not be used for any
capital construction projects; upon an order of the juvenile 40,182
court and subject to appropriation by the board of county 40,183
commissioners, shall be disbursed to the juvenile court for use 40,184
in accordance with the applicable provisions of division (C)(2) 40,185
of this section; shall not revert to the county general fund at 40,186
the end of any fiscal year; and shall carry over in the felony 40,187
delinquent care and custody fund from the end of any fiscal year 40,188
to the next fiscal year. The moneys disbursed to the juvenile 40,189
court pursuant to division (B) of this section and deposited 40,190
pursuant to this division in the felony delinquent care and 40,191
custody fund shall be in addition to, and shall not be used to 40,192
reduce, any usual annual increase in county funding that the 40,193
juvenile court is eligible to receive or the current level of 40,194
914
county funding of the juvenile court and of any programs or 40,195
services for delinquent children, unruly children, or juvenile 40,196
traffic offenders. 40,197
(2)(a) A county and the juvenile court that serves the 40,199
county shall use the moneys in its felony delinquent care and 40,200
custody fund in accordance with rules that the department of 40,201
youth services adopts pursuant to division (E) of section 5139.04 40,202
of the Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy 40,204
funds granted to the county pursuant to section 5139.34 of the 40,205
Revised Code shall be used to aid in the support of prevention, 40,207
early intervention, diversion, treatment, and rehabilitation 40,208
programs that are provided for alleged or adjudicated unruly 40,209
children or delinquent children or for children who are at risk 40,210
of becoming unruly children or delinquent children. The county 40,211
shall not use for capital improvements more than fifteen per cent 40,212
of the moneys in the fund that represent the applicable annual 40,213
grant of those state subsidy funds. 40,215
(ii) The moneys in the fund that were disbursed to the 40,218
juvenile court pursuant to division (B) of this section and 40,219
deposited pursuant to division (C)(1) of this section in the fund 40,221
shall be used to provide programs and services for the training, 40,222
treatment, or rehabilitation of felony delinquents that are 40,223
alternatives to their commitment to the department, including, 40,224
but not limited to, community residential programs, day treatment 40,225
centers, services within the home, and electronic monitoring, and 40,226
shall be used in connection with training, treatment, 40,228
rehabilitation, early intervention, or other programs or services
for any delinquent child, unruly child, or juvenile traffic 40,229
offender who is under the jurisdiction of the juvenile court. 40,230
For purposes of division (C)(2)(a)(ii) of this section, a 40,231
delinquent child includes a child who is so adjudicated for the 40,232
commission of an act that if committed by an adult would be a 40,233
misdemeanor or felony. 40,234
915
If, during the previous state fiscal year, the county did 40,237
not exceed in any month its monthly allocation as determined
pursuant to division (B)(1) of this section in connection with 40,239
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 40,241
of this section, the moneys in the fund that were disbursed to 40,242
the juvenile court pursuant to division (B) of this section and 40,244
deposited pursuant to division (C)(1) of this section in the fund 40,246
also may be used for prevention, early intervention, diversion, 40,247
treatment, and rehabilitation programs that are provided for 40,248
alleged or adjudicated unruly children, delinquent children, or 40,249
juvenile traffic offenders or for children who are at risk of 40,250
becoming unruly children, delinquent children, or juvenile 40,251
traffic offenders. Consistent with division (C)(1) of this 40,253
section, a county and the juvenile court of a county shall not 40,254
use any of those moneys for capital construction projects. 40,256
(iii) The county and the juvenile court that serves the 40,259
county may not use moneys in the fund for the provision of care 40,260
and services for children, including, but not limited to, care 40,261
and services in a detention facility, in another facility, or in 40,262
out-of-home placement, unless the minimum standards that apply to 40,263
the care and services and that the department prescribes in rules 40,264
adopted pursuant to division (E) of section 5139.04 of the 40,265
Revised Code have been satisfied. 40,266
(b) Each juvenile court shall comply with division 40,268
(C)(3)(d) of this section as implemented by the department. If a 40,269
juvenile court fails to comply with that division and the 40,270
department is not able to reconcile fiscal accounting as a 40,271
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 40,272
(3) In accordance with rules adopted by the department 40,274
pursuant to division (E) of section 5139.04 of the Revised Code, 40,276
each juvenile court and the county served by that juvenile court 40,277
shall do all of the following that apply: 40,278
(a) The juvenile court shall prepare an annual grant 40,280
916
agreement and application for funding that satisfies the 40,281
requirements of this section and section 5139.34 of the Revised 40,283
Code and that pertains to the use, upon an order of the juvenile 40,284
court and subject to appropriation by the board of county 40,285
commissioners, of the moneys in its felony delinquent care and 40,286
custody fund for specified programs, care, and services as 40,287
described in division (C)(2)(a) of this section, shall submit 40,288
that agreement and application to the county family and children 40,289
first council, the regional family and children first council, or 40,290
the local intersystem services to children cluster as described 40,291
in sections 121.37 and 121.38 of the Revised Code, whichever is 40,293
applicable, and shall file that agreement and application with 40,294
the department for its approval. The annual grant agreement and 40,296
application for funding shall include a method of ensuring equal
access for minority youth to the programs, care, and services 40,298
specified in it. 40,299
The department may approve an annual grant agreement and 40,302
application for funding only if the juvenile court involved has 40,303
complied with the preparation, submission, and filing
requirements described in division (C)(3)(a) of this section. If 40,306
the juvenile court complies with those requirements and the 40,307
department approves that agreement and application, the juvenile 40,308
court and the county served by the juvenile court may expend the 40,309
state subsidy funds granted to the county pursuant to section 40,310
5139.34 of the Revised Code only in accordance with division 40,312
(C)(2)(a) of this section, the rules pertaining to state subsidy 40,314
funds that the department adopts pursuant to division (E) of 40,315
section 5139.04 of the Revised Code, and the approved agreement 40,316
and application.
(b) By the thirty-first day of August of each year, the 40,319
juvenile court shall file with the department a report that 40,320
contains all of the statistical and other information for each 40,321
month of the prior state fiscal year that will permit the 40,322
department to prepare the report described in division (D) of 40,323
917
this section and the annual report described in division (H) of 40,324
section 5139.04 of the Revised Code. If the juvenile court fails 40,325
to file the report required by division (C)(3)(b) of this section 40,327
by the thirty-first day of August of any year, the department 40,329
shall not disburse any payment of state subsidy funds to which 40,330
the county otherwise is entitled pursuant to section 5139.34 of 40,331
the Revised Code and shall not disburse pursuant to division 40,332
(B)(3)(a) or (b)(ii) of this section the remainder of the 40,333
applicable monthly allocation of the county until the juvenile 40,334
court fully complies with division (C)(3)(b) of this section. 40,337
(c) If the department requires the juvenile court to 40,339
prepare monthly statistical reports for use under section 5139.42 40,340
of the Revised Code and to submit the reports on forms provided 40,341
by the department, the juvenile court shall file those reports 40,342
with the department on the forms so provided. If the juvenile 40,343
court fails to prepare and submit those monthly statistical 40,344
reports within the department's timelines, the department shall 40,345
not disburse any payment of state subsidy funds to which the 40,346
county otherwise is entitled pursuant to section 5139.34 of the 40,347
Revised Code and shall not disburse pursuant to division 40,349
(B)(3)(a) or (b)(ii) of this section the remainder of the 40,351
applicable monthly allocation of the county until the juvenile 40,352
court fully complies with division (C)(3)(c) of this section. IF 40,354
THE JUVENILE COURT FAILS TO PREPARE AND SUBMIT THOSE MONTHLY
STATISTICAL REPORTS WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE 40,355
THE DEPARTMENT ESTABLISHES FOR THEIR SUBMISSION, THE DEPARTMENT 40,356
SHALL NOT DISBURSE ANY PAYMENT OF STATE SUBSIDY FUNDS TO WHICH 40,357
THE COUNTY OTHERWISE IS ENTITLED PURSUANT TO SECTION 5139.34 OF 40,358
THE REVISED CODE AND SHALL NOT DISBURSE PURSUANT TO DIVISION 40,360
(B)(3)(a) OR (b)(ii) OF THIS SECTION THE REMAINDER OF THE 40,362
APPLICABLE MONTHLY ALLOCATION OF THE COUNTY, AND THE STATE
SUBSIDY FUNDS AND THE REMAINDER OF THE APPLICABLE MONTHLY 40,365
ALLOCATION SHALL REVERT TO THE DEPARTMENT. IF A JUVENILE COURT 40,366
STATES IN A MONTHLY STATISTICAL REPORT THAT THE JUVENILE COURT 40,367
918
ADJUDICATED WITHIN A STATE FISCAL YEAR FIVE HUNDRED OR MORE 40,369
CHILDREN TO BE DELINQUENT CHILDREN FOR COMMITTING ACTS THAT WOULD 40,370
BE FELONIES IF COMMITTED BY ADULTS AND IF THE DEPARTMENT
DETERMINES THAT THE DATA IN THE REPORT MAY BE INACCURATE, THE 40,371
JUVENILE COURT SHALL HAVE AN INDEPENDENT AUDITOR OR OTHER 40,372
QUALIFIED ENTITY CERTIFY THE ACCURACY OF THE DATA ON A DATE 40,374
DETERMINED BY THE DEPARTMENT.
(d) If the department requires the juvenile court and the 40,376
county to participate in a fiscal monitoring program or another 40,378
monitoring program that is conducted by the department to ensure 40,379
compliance by the juvenile court and the county with division (C) 40,380
of this section, the juvenile court and the county shall 40,381
participate in the program and fully comply with any guidelines 40,382
for the performance of audits adopted by the department pursuant 40,383
to that program and all requests made by the department pursuant 40,384
to that program for information necessary to reconcile fiscal 40,385
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program described in 40,387
this division determines that the juvenile court or the county 40,388
used moneys in the county's felony delinquent care and custody 40,389
fund for expenses that are not authorized under division (C) of 40,391
this section, within forty-five days after the department 40,392
notifies the county of the unauthorized expenditures, the county 40,393
either shall repay the amount of the unauthorized expenditures to 40,394
the state's general revenue fund or shall file a written appeal 40,396
with the department. If an appeal is timely filed, the director 40,397
of the department shall render a decision on the appeal and shall 40,398
notify the appellant county or its juvenile court of that 40,399
decision within forty-five days after the date that the appeal is 40,400
filed. If the director denies an appeal, the county's fiscal 40,401
agent shall repay the amount of the unauthorized expenditures to 40,402
the state's general revenue fund within thirty days after 40,403
receiving the director's notification of the appeal decision. If 40,404
the county fails to make the repayment within that thirty-day 40,406
919
period and if the unauthorized expenditures pertain to moneys 40,408
allocated under sections 5139.41 to 5139.45 of the Revised Code, 40,410
the department shall deduct the amount of the unauthorized 40,412
expenditures from the next monthly allocation of those moneys to 40,414
the county in accordance with this section or from the 40,415
allocations that otherwise would be made under those sections to 40,417
the county during the next state fiscal year in accordance with 40,419
this section and shall return that deducted amount to the state's 40,420
general revenue fund. If the county fails to make the repayment 40,421
within that thirty-day period and if the unauthorized 40,422
expenditures pertain to moneys granted pursuant to section 40,423
5139.34 of the Revised Code, the department shall deduct the 40,425
amount of the unauthorized expenditures from the next annual 40,426
grant to the county pursuant to that section and shall return 40,427
than deducted amount to the state's general revenue fund. 40,428
(D) On or prior to the first day of December of each year, 40,431
the department of youth services shall submit to the joint
legislative committee on juvenile corrections overcrowding a 40,432
report that pertains to the operation of sections 5139.34 and 40,433
5139.41 to 5139.45 of the Revised Code during the immediately 40,434
preceding state fiscal year and that includes, but is not limited 40,435
to, the following: 40,436
(1) A description of the programs, care, and services that 40,439
were financed under those sections in each county; 40,440
(2) The number of felony delinquents, other delinquent 40,442
children, unruly children, and juvenile traffic offenders served 40,443
by the programs, care, and services in each county; 40,444
(3) The total number of children adjudicated in each 40,447
juvenile court as felony delinquents; 40,448
(4) The total number of felony delinquents who were 40,450
committed by the juvenile court of each county to the department 40,451
and who were in the care and custody of an institution or a 40,452
community corrections facility; 40,453
(5) A breakdown of the felony delinquents described in 40,455
920
division (D)(4) of this section on the basis of the types and 40,456
degrees of felonies committed, the ages of the felony delinquents 40,457
at the time they committed the felonies, and the sex and race of 40,458
the felony delinquents. 40,459
(E) THE DETERMINATION OF WHICH COUNTY A REDUCTION OF THE 40,461
MONTHLY CARE AND CUSTODY ALLOCATION WILL BE CHARGED AGAINST FOR A 40,462
PARTICULAR YOUTH SHALL BE MADE AS OUTLINED BELOW FOR ALL YOUTHS 40,464
WHO DO NOT QUALIFY AS PUBLIC SAFETY BEDS. THE DETERMINATION OF 40,465
WHICH COUNTY A REDUCTION OF THE MONTHLY CARE AND CUSTODY 40,466
ALLOCATION WILL BE CHARGED AGAINST SHALL BE MADE AS FOLLOWS UNTIL 40,467
EACH YOUTH IS RELEASED:
(1) IN THE EVENT OF A COMMITMENT, THE REDUCTION SHALL BE 40,469
CHARGED AGAINST THE COMMITTING COUNTY. 40,470
(2) IN THE EVENT OF A RECOMMITMENT, THE REDUCTION SHALL BE 40,472
CHARGED AGAINST THE ORIGINAL COMMITTING COUNTY UNTIL THE 40,473
EXPIRATION OF THE MINIMUM PERIOD OF INSTITUTIONALIZATION UNDER 40,474
THE ORIGINAL ORDER OF COMMITMENT OR UNTIL THE DATE ON WHICH THE 40,475
YOUTH IS ADMITTED TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO 40,476
THE ORDER OF RECOMMITMENT, WHICHEVER IS LATER. REDUCTIONS OF THE 40,477
MONTHLY ALLOCATION SHALL BE CHARGED AGAINST THE COUNTY THAT 40,478
RECOMMITTED THE YOUTH AFTER THE MINIMUM EXPIRATION DATE OF THE 40,479
ORIGINAL COMMITMENT. 40,480
(3) IN THE EVENT OF A REVOCATION OF A RELEASE ON PAROLE, 40,482
THE REDUCTION SHALL BE CHARGED AGAINST THE COUNTY THAT REVOKES 40,484
THE YOUTH'S PAROLE.
Sec. 5139.50. (A) The release authority of the department 40,493
of youth services is hereby created as an independent 40,495
administrative division A BUREAU in the department. The release 40,497
authority shall consist of five members who are appointed by the 40,498
director of youth services and who have the qualifications 40,499
specified in division (B) of this section. The members of the 40,500
release authority shall devote their full time to the duties of 40,501
the release authority and shall neither seek nor hold other 40,502
public office. The members shall be in the unclassified civil 40,503
921
service.
(B) A person appointed as a member of the release 40,505
authority shall have a bachelor's degree from an accredited 40,506
college or university or equivalent relevant experience and shall 40,507
have the skills, training, or experience necessary to analyze 40,509
issues of law, administration, and public policy. The membership 40,510
of the release authority shall represent, insofar as practicable, 40,511
the diversity found in the children in the legal custody of the 40,512
department of youth services. 40,513
In appointing the five members, the director shall ensure 40,515
that the appointments include all of the following: 40,516
(1) At least four members who have five or more years of 40,519
experience in criminal justice, juvenile justice, or an
equivalent relevant profession; 40,520
(2) At least one member who has experience in victim 40,522
services or advocacy or who has been a victim of a crime or is a 40,523
family member of a victim; 40,524
(3) At least one member who has experience in direct care 40,527
services to delinquent children;
(4) At least one member who holds a juris doctor degree 40,529
from an accredited college or university. 40,530
(C) The initial appointments of members of the release 40,533
authority shall be for a term of six years for the chairperson 40,534
and one member, a term of four years for two members, and a term 40,535
of two years for one member. Thereafter, members shall be 40,536
appointed for six-year terms. At the conclusion of a term, a 40,537
member shall hold office until the appointment and qualification 40,538
of the member's successor. The director shall fill a vacancy 40,539
occurring before the expiration of a term for the remainder of 40,540
that term AND MAY APPOINT AN INTERIM MEMBER TO FULFILL THE 40,541
DUTIES OF A MEMBER WHO IS ON EXTENDED LEAVE OR DISABILITY STATUS. 40,542
A member may be reappointed, but a member may serve no more than 40,543
two consecutive terms regardless of the length of the member's 40,544
initial term. A member may be removed for good cause shown after 40,546
922
a full and open hearing by the release authority, if requested by 40,547
the member, at which the member has an opportunity to respond to 40,548
the allegations that provide the basis for a call for removal 40,549
DIRECTOR.
(D) The director of youth services shall designate as 40,552
chairperson of the release authority one of the members who has 40,553
experience in criminal justice, juvenile justice, or an 40,554
equivalent relevant profession. The chairperson shall have full 40,555
authority over the administration and management of the release 40,556
authority, BE A MANAGING OFFICER OF THE DEPARTMENT, SHALL 40,557
SUPERVISE THE MEMBERS OF THE BOARD AND THE OTHER STAFF IN THE
BUREAU, AND shall perform all duties and functions necessary to 40,559
ensure that the release authority discharges its 40,560
responsibilities, and shall act as the appointing authority for 40,563
all staff of the release authority. The chairperson shall employ 40,564
staff as necessary to carry out the duties of the release 40,565
authority, including hearing representatives to participate in 40,566
the hearing of cases on review and persons to provide 40,567
administrative support. The chairperson shall serve as the 40,568
official spokesperson for the release authority. 40,569
(E) A majority of the members of the release authority 40,572
shall constitute a quorum for transacting the official business 40,573
of the authority. The actions of the release authority shall be 40,574
determined by a majority vote of the quorum. 40,575
(F) The release authority shall do all of the following: 40,578
(1) Serve as the final and sole authority for making MAKE 40,580
decisions, in the interests of public safety and the children 40,581
involved, regarding the release and discharge of all children 40,583
committed to the legal custody of the department of youth 40,584
services, except children placed on judicial release or early 40,585
release by a juvenile court, children who have not completed a 40,586
prescribed minimum period of time or prescribed period of time in 40,587
a secure facility, or children who are required to remain in a
secure facility until they attain twenty-one years of age; 40,588
923
(2) Establish written policies and procedures for 40,590
conducting a periodic review REVIEWS of the status of each child 40,591
CHILDREN in the custody of the department, setting or modifying 40,593
dates of release and discharge for each child, specifying 40,594
COMMUNICATING TO THE COURT the duration, terms, and conditions of 40,596
release to be carried out in supervised release subject to the
addition of additional consistent terms and conditions by a court 40,597
in accordance with section 5139.51 of the Revised Code, and 40,599
giving a child notice of all reviews;
(3) Maintain records of its official actions, decisions, 40,602
orders, and hearing summaries and make the records accessible in 40,603
accordance with division (D) of section 5139.05 of the Revised 40,604
Code;
(4) Cooperate with public and private agencies, 40,606
communities, private groups, and individuals for the development 40,607
and improvement of its services; 40,608
(5) Collect, develop, and maintain statistical information 40,611
regarding its services and decisions;
(6) Submit to the director an annual report that includes 40,613
a description of the operations of the release authority, an 40,614
evaluation of its effectiveness, recommendations for statutory, 40,615
budgetary, or other changes necessary to improve its 40,616
effectiveness, and any other information required by the 40,617
director;
(7) Adopt rules and written policies and procedures to 40,619
govern its operations. 40,620
(G)(F) The release authority may do any of the following: 40,623
(1) Conduct inquiries, investigations, and reviews and 40,626
hold hearings and other proceedings necessary to properly
discharge its responsibilities; 40,627
(2) Issue subpoenas, enforceable in a court of law, to 40,629
compel a person to appear, give testimony, or produce documentary 40,631
information or other tangible items relating to a matter under 40,632
inquiry, investigation, review, or hearing;
924
(3) Administer oaths and receive testimony of persons 40,634
under oath; 40,635
(4) Request assistance, services, and information from a 40,638
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and 40,639
information from the public agency in a reasonable period of 40,640
time;
(5) Request from a public agency or any other entity that 40,642
provides or has provided services to a child committed to the 40,643
department's legal custody information to enable the release 40,644
authority to properly discharge its responsibilities with respect 40,646
to that child and receive the information from the public agency
or other entity in a reasonable period of time; 40,647
(6) Require that the terms and conditions of a child's 40,649
supervised release be enforced during the period of supervised 40,650
release until discharge; 40,651
(7) Exercise any other powers necessary to discharge its 40,654
responsibilities.
(H) The release authority shall adopt specific written 40,656
policies governing the discharge of its responsibilities either 40,658
by the full membership of the authority or by the delegation of 40,659
authority to one or more members of the release authority or to 40,660
hearing representatives. The policy shall require that a hearing 40,661
be conducted by not fewer than two members of the release 40,662
authority, two hearing representatives, or a combination of a 40,663
member of the authority and a hearing representative. 40,664
(I) The release authority shall not delegate its authority 40,667
to make final decisions regarding policy or the release of a 40,668
child.
(J)(G) The release authority shall adopt a written policy 40,670
and procedures governing appeals of its release and discharge 40,672
decisions. The policy shall provide that a child may appeal to 40,675
the full release authority a decision denying release or 40,676
discharge made at a hearing conducted by a panel that does not 40,677
925
include all of the members of the release authority. The policy 40,678
also shall provide that if a decision denying release or 40,679
discharge is made by the full release authority, the child may 40,680
request one appeal hearing at which the child shall be afforded a 40,682
final opportunity to present new or additional information
related to any of the reasons enumerated by the release authority 40,683
in the decision under appeal. The release authority shall 40,684
consider an appeal in accordance with the policy and procedure 40,685
established under this division. 40,686
(K)(H) The legal staff of the department of youth services 40,689
shall provide assistance, upon request, to the release authority 40,692
in the formulation of policy and in its handling of individual 40,693
cases. The attorney general shall provide legal representation 40,694
for the release authority. The department of youth services 40,695
shall provide the release authority with a budget sufficient to 40,696
properly perform its obligations and responsibilities, subject to 40,697
administrative controls.
Sec. 5139.51. (A) The release authority of the department 40,706
of youth services shall not release a child who is in the custody 40,707
of the department of youth services from institutional care or 40,708
institutional care in a secure facility and shall not discharge 40,709
the child or order the child's release on supervised release 40,710
prior to the expiration of the prescribed minimum period of 40,711
institutionalization or institutionalization in a secure facility 40,712
or prior to the child's attainment of twenty-one years of age,
whichever is applicable under the order of commitment, other than 40,713
as is provided in division (A) of section 2151.38 of the Revised 40,714
Code. The release authority may conduct periodic reviews of the 40,715
case of each child who is in the custody of the department and 40,716
who is eligible for supervised release or discharge after 40,718
completing the minimum period of time or period of time in an 40,719
institution prescribed by the committing court. At least thirty
days prior to conducting a periodic review of the case of a child 40,720
who was committed to the department regarding the possibility of 40,723
926
supervised release or discharge and at least thirty days prior to
conducting a release review, a release hearing, or a discharge 40,724
review under division (E) of this section, the release authority 40,726
shall give notice of the review or hearing to the court that 40,728
committed the child, to the prosecuting attorney in the case, and 40,729
to the victim of the delinquent act for which the child was 40,730
committed or the victim's representative. If a child is on
supervised release and has had the child's parole revoked, and 40,731
if, upon release, there is insufficient time to provide the 40,732
notices otherwise required by this division, the release 40,733
authority, at least ten days prior to the child's release, shall
provide reasonable notice of the child's release to the court 40,734
that committed the child, to the prosecuting attorney in the 40,735
case, and to the victim of the delinquent act for which the child 40,736
was committed or the victim's representative. The court or 40,739
prosecuting attorney may submit to the release authority written 40,740
comments regarding, or written objections to, the supervised 40,741
release or discharge of that child. Additionally, if the child 40,742
was committed for an act that is a category one or category two 40,743
offense, the court or prosecuting attorney orally may communicate 40,744
to a representative of the release authority comments regarding, 40,745
or objections to, the supervised release or discharge of the 40,746
child or, if a hearing is held regarding the possible release or 40,748
discharge of the child, may communicate those comments at the 40,749
hearing. In conducting the review of the child's case regarding 40,751
the possibility of supervised release or discharge, the release 40,752
authority shall consider any comments and objections so submitted 40,753
or communicated by the court or prosecutor and any statements or 40,755
comments submitted or communicated under section 5139.56 of the 40,756
Revised Code by a victim of an act for which the child was 40,757
committed to the legal custody of the department or by the 40,758
victim's representative of a victim of an act of that type. 40,759
The release authority shall determine the date on which a 40,761
child may be placed on supervised release or discharged. If the 40,763
927
release authority believes that a child should be placed on 40,764
supervised release, it shall comply with division (B) of this 40,765
section. If the release authority believes that a child should 40,766
be discharged, it shall comply with division (C) or (E) of this 40,768
section. If the release authority denies the supervised release 40,770
or discharge of a child, it shall provide the child with a 40,771
written record of the reasons for the decision. 40,772
(B)(1) When the release authority DEPARTMENT decides to 40,775
place a child on supervised release, consistent with division (D) 40,777
of this section, it shall prepare a written supervised release 40,778
plan that specifies the terms and conditions upon which the child 40,779
is to be released from an institution on supervised release and, 40,780
at least thirty days prior to the release of the child on the 40,781
supervised release, shall send to the committing court and the 40,782
juvenile court of the county in which the child will be placed a 40,783
copy of the supervised release plan and the terms and conditions 40,784
that it fixes OF RELEASE. The juvenile court of the county in 40,785
which the child will be placed, within fifteen days after its 40,787
receipt of the copy of the supervised release plan, may add to 40,789
the supervised release plan any additional consistent terms and 40,790
conditions it considers appropriate, provided that the court may 40,791
not add any term or condition that decreases the level or degree 40,792
of supervision specified by the release authority in the plan, 40,793
that substantially increases the financial burden of supervision 40,794
that will be experienced by the department of youth services, or 40,795
that alters the placement specified by the release authority in 40,796
the plan.
If, within fifteen days after its receipt of the copy of 40,799
the release authority's supervised release plan, the juvenile 40,800
court of the county in which the child will be placed does not 40,801
add to the supervised release plan any additional terms and 40,802
conditions, the court shall enter the release authority's 40,803
supervised release plan in its journal within that fifteen-day 40,804
period and, within that fifteen-day period, shall send to the 40,805
928
release authority a copy of the journal entry of the supervised
release plan. The journalized plan shall apply regarding the 40,806
child's supervised release. 40,807
If, within fifteen days after its receipt of the copy of 40,810
the release authority's supervised release plan, the juvenile 40,811
court of the county in which the child will be placed adds to the 40,812
supervised release plan any additional terms and conditions, the 40,813
court shall enter the release authority's supervised release plan 40,814
and the additional terms and conditions in its journal and, 40,817
within that fifteen-day period, shall send to the release
authority a copy of the journal entry of the supervised release 40,818
plan and additional terms and conditions. The journalized 40,821
supervised release plan and additional terms and conditions added 40,822
by the court that satisfy the criteria described in this division 40,823
shall apply regarding the child's supervised release. 40,824
If, within fifteen days after its receipt of the copy of 40,826
the supervised release plan, the juvenile court of the county in 40,827
which the child will be placed neither enters in its journal the 40,828
release authority's supervised release plan nor enters in its 40,829
journal the release authority's supervised release plan plus 40,830
additional terms and conditions added by the court, the court and 40,831
the department of youth services may attempt to resolve any 40,832
differences regarding the plan within three days. If a 40,833
resolution is not reached within that three-day period, 40,834
thereafter, the release authority's supervised release plan shall 40,835
be enforceable to the same extent as if the court actually had 40,837
entered the release authority's supervised release plan in its 40,838
journal. 40,839
(2) When the release authority receives from the court a 40,842
copy of the journalized supervised release plan and, if 40,843
applicable, a copy of the journalized additional terms and
conditions added by the court, the release authority shall keep 40,845
the original copy or copies in the child's file and shall provide 40,846
a copy of each document to the child, the employee of the 40,847
929
department who is assigned to supervise and assist the child 40,848
while on release, and the committing court. 40,849
(C) If a child who is in the custody of the department of 40,851
youth services was committed pursuant to division (A)(4) or (5) 40,853
of section 2151.355 of the Revised Code and has been 40,854
institutionalized or institutionalized in a secure facility for 40,855
the prescribed minimum periods of time under those divisions and 40,856
if the release authority is satisfied that the discharge of the 40,857
child without the child being placed on supervised release would 40,858
be consistent with the welfare of the child and protection of the 40,860
public, the release authority DEPARTMENT, without approval of the 40,861
court that committed the child, may discharge the child from its 40,862
custody and control without placing the child on supervised 40,863
release. Additionally, the department may discharge a child in 40,864
its custody without the child being placed on supervised release 40,865
if the child is removed from the jurisdiction of this state by a 40,866
court order of a court of this state, another state, or the 40,867
United States, or by any agency of this state, another state, or 40,868
the United States, if the child is convicted of or pleads guilty 40,869
to any criminal offense, or as otherwise provided by law. At 40,870
least fifteen days before the scheduled date of discharge of the 40,872
child without the child being placed on supervised release, the 40,873
department shall notify the committing court, in writing, that it 40,874
is going to discharge the child and of the reason for the 40,875
discharge. Upon discharge of the child without the child being 40,876
placed on supervised release, the department immediately shall 40,877
certify the discharge in writing and shall transmit the 40,878
certificate of discharge to the committing court. 40,879
(D) In addition to requirements that are reasonably 40,882
related to the child's prior pattern of criminal or delinquent 40,883
behavior and the prevention of further criminal or delinquent 40,884
behavior, the release authority DEPARTMENT shall specify the 40,885
following requirements for each child whom it releases: 40,886
(1) The child shall observe the law. 40,888
930
(2) The child shall maintain appropriate contact, as 40,890
specified in the written supervised release document PLAN for 40,891
that child, with the employee of the department assigned to 40,893
supervise and assist the child. 40,894
(3) The child shall not change residence unless the child 40,897
seeks prior approval for the change from the employee of the 40,898
department assigned to supervise and assist the child, provides 40,900
that employee, at the time the child seeks the prior approval for 40,901
the change, with appropriate information regarding the new 40,903
residence address at which the child wishes to reside, and 40,904
obtains the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend 40,907
from the date of release from an institution until the child 40,908
attains twenty-one years of age. If the period of supervised 40,909
release extends beyond one year after the date of release, the 40,910
child may request in writing that the release authority conduct a 40,911
discharge review after the expiration of the one-year period or 40,912
the minimum period or period. If the child so requests, the 40,913
release authority shall conduct a discharge review and give the 40,914
child its decision in writing. The release authority shall not 40,915
grant a discharge prior to the discharge date if it finds good 40,916
cause for retaining the child in the custody of the department 40,917
until the discharge date. A child may request an additional 40,918
discharge review six months after the date of a previous 40,919
discharge review decision, but not more than once during any 40,920
six-month period after the date of a previous discharge review 40,921
decision.
(F) At least two weeks before the release authority places 40,923
on supervised release or discharges a child who was committed to 40,927
the legal custody of the department IS PLACED ON SUPERVISED
RELEASE OR DISCHARGED, the release authority shall provide notice 40,929
of the release or discharge as follows: 40,930
(1) In relation to the placement on supervised release OR 40,932
DISCHARGE of a child who was committed to the department for 40,934
931
committing an act that is a category one or category two offense 40,935
and in relation to the discharge of a child who was committed to 40,936
the department for committing any act, the release authority 40,937
shall notify, by the specified deadline, all of the following of 40,938
the release or discharge: 40,939
(a) The prosecuting attorney of the county in which the 40,941
child was adjudicated a delinquent child and committed to the 40,942
custody of the department; 40,943
(b) Whichever of the following is applicable: 40,945
(i) If upon the supervised release or discharge the child 40,947
will reside in a municipal corporation, the chief of police or 40,948
other chief law enforcement officer of that municipal 40,949
corporation;
(ii) If upon the supervised release or discharge the child 40,951
will reside in an unincorporated area of a county, the sheriff of 40,952
that county.
(2) In relation to the placement on supervised release or 40,954
discharge of a child who was committed to the department for 40,955
committing any act, the release authority shall notify, by the 40,956
specified deadline, each victim of the act for which the child 40,958
was committed to the legal custody of the department who, 40,959
pursuant to section 5139.56 of the Revised Code, has requested to 40,961
be notified of the placement of the child on supervised release 40,962
or the discharge of the child, provided that, if any victim has 40,964
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification 40,965
required by this division shall be provided to that victim's 40,966
representative. 40,967
Sec. 5139.55. (A)(1) The office of victims' services is 40,977
hereby created within the release authority of the department of 40,978
youth services. The office of victims' services shall provide 40,979
assistance to victims, victims' representatives, and members of a 40,980
victim's family. The assistance shall include, but shall not be 40,981
limited to, all of the following: 40,982
932
(a) If the court has provided the name and address of the 40,985
victims of the child's acts to the department of youth services, 40,986
notification that the child has been committed to the department, 40,987
notification of the right of the victim or another authorized 40,988
person to designate a person as a victim's representative under 40,990
section 5139.56 of the Revised Code and of the actions that must 40,992
be taken to make that designation, and notification of the right 40,993
to be notified of release reviews, pending release hearings, 40,994
revocation reviews, and discharge reviews related to that child 40,995
and of the right to participate in release proceedings under that 40,996
section and of the actions that must be taken to exercise those 40,997
rights;
(b) The provision of information about the policies and 41,000
procedures of the department of youth services and the status of
children in the legal custody of the department. 41,001
(2) The office shall make available publications 41,004
INFORMATION to assist victims in contacting staff of the 41,006
department about problems with OF DELINQUENT children on 41,008
supervised release or in a secure facility.
(B) The office of victims' services shall employ a victims 41,011
coordinator who shall administer the duties of the office. The 41,012
victims coordinator shall be in the unclassified civil service 41,013
and, as a managing officer of the department, shall report 41,014
directly to the chairperson of the release authority. The office 41,015
shall employ other staff members to assist the members of the 41,016
release authority and hearing representatives in identifying 41,017
victims' issues, ensure that the release authority upholds the 41,018
provisions of section 5139.56 of the Revised Code, and make 41,019
recommendations to the release authority in accordance with 41,020
policies adopted by the department. The chairperson of the 41,021
release authority shall approve the hiring of the employees of 41,022
the office.
(C) The office of victims' services shall coordinate its 41,025
activities with the chairperson of the release authority. The 41,026
933
victims coordinator and other employees of the office shall have 41,027
full access to the records of children in the legal custody of 41,028
the department in accordance with division (D) of section 5139.05 41,029
of the Revised Code.
Sec. 5145.19. (A) THERE IS HEREBY ESTABLISHED A PILOT 41,032
PROGRAM, IN THE MANNER SPECIFIED IN DIVISION (B) OF THIS SECTION, 41,034
PURSUANT TO WHICH THE DEPARTMENT OF REHABILITATION AND CORRECTION 41,035
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE NORTHWEST OHIO CLOSE 41,039
SECURITY PRISON.
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 41,042
DEPARTMENT NEED NOT COMPLY WITH SECTIONS 125.01 TO 125.11, 41,043
SECTIONS 4115.31 TO 4115.35, OR SECTION 5119.16 OF THE REVISED 41,045
CODE WHEN IT PURCHASES SUPPLIES AND SERVICES FOR THE NORTHWEST 41,047
OHIO CLOSE SECURITY PRISON. THE DEPARTMENT SHALL COMPLY WITH 41,048
SECTION 125.081 AND DIVISION (B) OF SECTION 125.11 OF THE REVISED 41,050
CODE WHEN IT PURCHASES SUPPLIES AND SERVICES FOR THE PRISON. THE 41,052
DEPARTMENT SHALL PURCHASE SUPPLIES AND SERVICES FOR THE PRISON 41,053
THAT ARE AVAILABLE AND PRODUCED BY PROGRAMS FOR THE EMPLOYMENT OF 41,054
PRISONERS ESTABLISHED UNDER SECTION 5145.16 OF THE REVISED CODE. 41,056
WHEN MAKING A PURCHASE THAT EXCEEDS THE AMOUNTS DETERMINED 41,058
UNDER DIVISIONS (B) AND (D) OF SECTION 125.05 OF THE REVISED CODE 41,059
AND THAT IS NOT A PURCHASE OF SUPPLIES OR SERVICES PRODUCED BY 41,060
PROGRAMS FOR THE EMPLOYMENT OF PRISONERS ESTABLISHED UNDER 41,061
SECTION 5145.16 OF THE REVISED CODE, THE DEPARTMENT SHALL AWARD 41,062
THE CONTRACT PURSUANT TO COMPETITIVE SEALED BIDDING TO THE LOWEST 41,063
RESPONSIVE AND RESPONSIBLE BIDDER IN ACCORDANCE WITH SECTION
9.312 OF THE REVISED CODE, AFTER GIVING NOTICE AS PROVIDED IN 41,064
SECTION 125.07 OF THE REVISED CODE.
PRICES PAID FOR SUPPLIES AND SERVICES PURCHASED FOR THE 41,066
NORTHWEST OHIO CLOSE SECURITY PRISON SHALL BE FAIR AND REASONABLE 41,068
AND SHALL NOT BE GREATER THAN THE USUAL PRICES THE DEPARTMENT OF 41,069
REHABILITATION AND CORRECTION MUST PAY TO THE DEPARTMENT OF 41,070
ADMINISTRATIVE SERVICES FOR SUPPLIES AND SERVICES PURCHASED UNDER 41,071
TERM CONTRACTS OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 41,072
934
PREFERENCE SHALL BE GIVEN IN PURCHASING SUPPLIES AND SERVICES FOR 41,073
THE PRISON, IN ACCORDANCE WITH THE SECOND PARAGRAPH OF SECTION 41,075
5120.24 OF THE REVISED CODE, TO VENDORS IN THE AREA IN WHICH THE 41,078
PRISON IS LOCATED AS LONG AS THE PRICE PAID IS FAIR AND 41,079
REASONABLE AND IS NOT GREATER THAN THE USUAL PRICE.
ONE-HALF OF ANY AMOUNTS SAVED AS A RESULT OF PURCHASES MADE 41,083
WITH STATE FUNDS UNDER THIS DIVISION SHALL BE DEPOSITED TO THE
CREDIT OF THE GENERAL REVENUE FUND OF THE STATE, AND THE OTHER 41,085
HALF OF THE AMOUNTS SAVED AS A RESULT OF PURCHASES MADE WITH 41,086
STATE FUNDS UNDER THIS DIVISION, PLUS ANY AMOUNTS SAVED AS A 41,087
RESULT OF PURCHASES MADE UNDER THIS DIVISION WITH FEDERAL FUNDS, 41,088
SHALL BE USED FOR EDUCATIONAL OR REHABILITATION PROGRAMS AT THE
NORTHWEST OHIO CLOSE SECURITY PRISON AS DETERMINED BY THE 41,089
PRISON'S WARDEN. 41,090
Sec. 5145.20. (A) THE DIRECTOR OF REHABILITATION AND 41,094
CORRECTION SHALL ISSUE, NOT LATER THAN TWO YEARS AFTER THE 41,095
OPENING OF THE NORTHWEST OHIO CLOSE SECURITY PRISON, A 41,096
PRELIMINARY REPORT, AND SHALL ISSUE, NOT LATER THAN FIVE YEARS 41,097
AFTER THE OPENING OF THE PRISON, A FINAL REPORT, THAT EVALUATES 41,098
THE PILOT PROGRAM DESCRIBED IN DIVISION (B) OF SECTION 5145.19 OF 41,100
THE REVISED CODE. THE DIRECTOR SHALL FORWARD A COPY OF THE 41,101
PRELIMINARY AND FINAL REPORTS TO THE GOVERNOR, SPEAKER OF THE 41,102
HOUSE OF REPRESENTATIVES, PRESIDENT OF THE SENATE, AND 41,103
CORRECTIONAL INSTITUTION INSPECTION COMMITTEE. 41,104
THE COMMITTEE SHALL CONDUCT A HEARING ON EACH REPORT THAT 41,106
IT RECEIVES. IT SHALL INVITE TO EACH HEARING ON A REPORT THE 41,107
PERSON WHO WAS THE PRIMARY SPONSOR OF THE ACT, OR OF THE 41,108
AMENDMENT TO THE ACT, PASSED BY THE GENERAL ASSEMBLY THAT ENACTED 41,109
THIS SECTION, AND THE PRIMARY SPONSOR MAY COMMENT ON THE REPORT. 41,110
(B) THE PRELIMINARY AND FINAL REPORTS SHALL DESCRIBE THE 41,112
EFFORTS OF THE DEPARTMENT TO IMPLEMENT THE PILOT PROGRAM; 41,113
EVALUATE THOSE EFFORTS; IDENTIFY ANY BENEFITS RESULTING FROM THE 41,115
PILOT PROGRAM ON PRISON OPERATIONS; IDENTIFY ANY FINANCIAL 41,116
BENEFITS ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM; 41,117
935
EVALUATE THE IMPACT OF THE PILOT PROGRAM ON THE COMMUNITY NEAR 41,118
THE PRISON; AND RECOMMEND ANY NECESSARY CHANGES IN THE PILOT 41,119
PROGRAM. THE DEPARTMENT SHALL DETERMINE THE FINANCIAL BENEFITS 41,120
ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM, AMONG OTHER 41,121
THINGS, BY CONDUCTING AN AUDIT OF PURCHASES MADE UNDER DIVISION 41,123
(B) OF SECTION 5145.19 OF THE REVISED CODE TO DETERMINE THE 41,124
AMOUNT OF SAVINGS REALIZED THROUGH THOSE PURCHASES. THE 41,125
PRELIMINARY AND FINAL REPORTS ALSO SHALL DETERMINE WHETHER ANY OF 41,126
THOSE FINANCIAL BENEFITS COULD BE DUPLICATED IF THE PILOT PROGRAM 41,127
WERE EXTENDED TO SOME OR ALL OTHER STATE CORRECTIONAL 41,128
INSTITUTIONS.
Sec. 5145.30. (A) As used in this section: 41,138
(1) "Free weight exercise equipment" means any equipment 41,140
or device that is designed to increase the muscle mass and 41,141
physical strength of the person using it. "Free weight exercise 41,142
equipment" includes, but is not limited to, barbells, dumbbells, 41,144
weight plates, and similar free weight-type equipment and other 41,145
devices that the department of rehabilitation and correction, in
rules adopted under section 5120.423 of the Revised Code, 41,146
designates as enabling a person to increase muscle mass and 41,147
physical strength.
(2) "Fixed weight exercise equipment" means any equipment, 41,149
machine, or device that is not designed primarily to increase 41,151
muscle mass and physical strength but rather to keep a person in 41,152
relatively good physical condition. "Fixed weight exercise 41,153
equipment" includes, but is not limited to, weight machines that 41,154
utilize weight plates, tension bands, or similar devices that 41,155
provide weight training resistance like universal and nautilus 41,156
equipment. "Fixed weight exercise equipment" includes machines 41,157
that are usually assembled as a unit, are not readily dismantled, 41,159
and have been specifically modified for prison use so as to make 41,160
them secure and immobile.
(B)(1) No officer or employee of a correctional 41,162
institution under the control or supervision of the department of 41,163
936
rehabilitation and correction shall do any of the following: 41,164
(1)(a) Provide a prisoner access to free weight exercise 41,166
equipment; 41,167
(2)(b) Provide a prisoner access to fixed weight exercise 41,169
equipment unless the prisoner is incarcerated in a minimum or 41,171
medium security facility. Such a prisoner shall be allowed 41,172
access to such equipment for no more than three hours per week. 41,173
The prisoner shall be supervised at all times access is
permitted, and a list documenting names of prisoners and 41,174
supervising personnel, dates, and times of usage shall be 41,175
maintained at each facility.
(3)(c) Allow a prisoner to provide or receive instruction 41,177
in boxing, wrestling, karate, judo, or another form of martial 41,180
arts, or any other program that the department, in rules adopted 41,181
under section 5120.423 of the Revised Code, designates as 41,182
enabling a person to improve fighting skills. 41,183
(C)(2) Nothing in DIVISION (B)(1) OF this section 41,186
prohibits an officer or employee of a correctional institution 41,187
under the control or supervision of the department from allowing 41,188
a prisoner to participate in jogging, basketball, stationary
exercise bicycling, supervised calisthenics, or other physical 41,190
activities that are not designed to increase muscle mass and 41,191
physical strength or improve fighting skills. 41,192
(C) ALL OF THE FOLLOWING APPLY REGARDING EACH CORRECTIONAL 41,195
INSTITUTION UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 41,196
REHABILITATION AND CORRECTION THAT HOUSES ANY PRISONERS: 41,197
(1) THE DEPARTMENT SHALL PROVIDE CLOTHING FOR ALL 41,199
PRISONERS WHO ARE HOUSED IN THE INSTITUTION THAT IS CONSPICUOUS 41,200
IN ITS COLOR, STYLE, OR COLOR AND STYLE, THAT CONSPICUOUSLY 41,201
IDENTIFIES ITS WEARER AS A PRISONER, AND THAT IS READILY 41,202
DISTINGUISHABLE FROM CLOTHING OF A NATURE THAT NORMALLY IS WORN 41,203
OUTSIDE THE INSTITUTION BY NON-PRISONERS, SHALL REQUIRE ALL 41,204
PRISONERS HOUSED IN THE INSTITUTION TO WEAR THE CLOTHING SO 41,205
PROVIDED, AND SHALL NOT PERMIT ANY PRISONER, WHILE INSIDE OR ON 41,206
937
THE PREMISES OF THE INSTITUTION OR WHILE BEING TRANSPORTED TO OR 41,207
FROM THE INSTITUTION, TO WEAR ANY CLOTHING OF A NATURE THAT DOES 41,209
NOT CONSPICUOUSLY IDENTIFY ITS WEARER AS A PRISONER AND THAT 41,210
NORMALLY IS WORN OUTSIDE THE INSTITUTION BY NON-PRISONERS. 41,211
(2) THE SECURITY CLASSIFICATION SCHEDULE THE DEPARTMENT 41,213
USES FOR PRISONERS HOUSED IN THE INSTITUTION SHALL REQUIRE THE 41,214
CONSIDERATION OF ALL INFORMATION RELEVANT TO THE CLASSIFICATION, 41,215
INCLUDING, BUT NOT LIMITED TO, ALL PENDING CRIMINAL CHARGES 41,216
AGAINST THE PRISONER BEING CLASSIFIED, THE OFFENSE FOR WHICH THE 41,217
PRISONER WILL BE CONFINED IN THE INSTITUTION, AND ALL PRIOR 41,218
CONVICTIONS OF OR PLEAS OF GUILTY BY THE PRISONER. 41,219
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of 41,229
the Revised Code:
(A) "Agency" means any administrative or operational 41,231
division, including an office, department, bureau, board, 41,232
commission, or authority, of the state or of a political 41,233
subdivision thereof, including volunteer agencies, organizations, 41,234
or departments. 41,235
(B) "Attack" means any attack, either actual or imminent, 41,237
or a series of attacks by an actual or potential enemy of the 41,238
United States or by a foreign nation upon the United States that 41,239
causes or may cause substantial damage to or destruction of life, 41,240
property, or the environment within the United States or that is 41,241
designed to injure the military or economic strength of the 41,242
United States. "Attack" includes, without limitation, acts of 41,243
sabotage, acts of terrorism, invasion, the use of bombs or 41,244
shellfire, conventional, nuclear, chemical, or biological 41,245
warfare, and the use of other weapons or processes. 41,246
(C) "Chief executive" means the president of the United 41,248
States, the governor of this state, the board of county 41,249
commissioners of any nonchartered county, the executive authority 41,250
of any county established under Section 3 of Article X, Ohio 41,251
Constitution, or Chapter 302. of the Revised Code, the board of 41,252
township trustees of any township, or the mayor or city manager 41,253
938
of any municipal corporation within this state. 41,254
(D) "Civil defense" is an integral part of emergency 41,256
management that includes all those activities and measures 41,257
designed or undertaken to minimize the effects upon the civilian 41,258
population caused or which THAT would be caused by any hazard and 41,260
to effect emergency repairs to, or the emergency restoration of, 41,261
vital equipment, resources, supplies, utilities, and facilities 41,262
necessary for survival and for the public health, safety, and 41,263
welfare that would be damaged or destroyed by any hazard. "Civil 41,264
defense" includes, but is not limited to: 41,265
(1) Those measures to be taken during a hazard, including 41,267
all of the following: 41,268
(a) The enforcement of those passive defense regulations 41,270
necessary for the protection of the civilian population and 41,271
prescribed by duly established military or civil authorities; 41,272
(b) The evacuation of personnel to shelter areas; 41,274
(c) The control of traffic and panic situations; 41,276
(d) The control and use of emergency communications, 41,278
lighting, and warning equipment and systems. 41,279
(2) Those measures to be taken after a hazard has 41,281
occurred, including all of the following: 41,282
(a) Activities necessary for fire fighting FIREFIGHTING, 41,284
rescue, emergency, medical, health, and sanitation services; 41,286
(b) Monitoring for secondary hazards that could be caused 41,288
from the initiating event; 41,289
(c) Damage assessment and disaster analysis operations; 41,291
(d) Coordination of disaster assistance programs; 41,293
(e) Monitoring for effects from weapons; 41,295
(f) Unexploded bomb reconnaissance; 41,297
(g) Essential debris clearance; 41,299
(h) Decontamination operations; 41,301
(i) Documentation of operations and financial expenses; 41,303
(j) Resource control; 41,305
(k) Any other activities that may be necessary for 41,307
939
survival and the overall health, safety, and welfare of the 41,308
civilian population. 41,309
(E) "Disaster" means any imminent threat or actual 41,311
occurrence of widespread or severe damage to or loss of property, 41,312
personal hardship or injury, or loss of life that results from 41,313
any natural phenomenon or act of man A HUMAN. 41,314
(F) "Emergency" means any period during which the congress 41,316
of the United States or a chief executive has declared or 41,317
proclaimed that an emergency exists. 41,318
(G) "Emergency management" includes all emergency 41,320
preparedness and civil defense activities and measures, whether 41,321
or not mentioned or described in sections 5502.21 to 5502.51 of 41,323
the Revised Code, that are designed or undertaken to minimize the 41,324
effects upon the civilian population caused or that could be 41,325
caused by any hazard and that are necessary to address 41,326
mitigation, emergency preparedness, response, and recovery. 41,327
(H) "Emergency preparedness" is an integral part of 41,329
emergency management that includes those activities and measures 41,330
designed or undertaken in preparation for any hazard, including, 41,332
but not limited to, natural disasters and hazards involving 41,333
hazardous materials or radiological materials, and that will 41,335
enhance the probability for preservation of life, property, and 41,336
the environment. "Emergency preparedness" includes, without
limitation: 41,337
(1) The establishment of appropriate agencies and 41,339
organizations; 41,340
(2) The development of necessary plans and standard 41,342
operating procedures for mitigation, preparation, response, and 41,343
recovery purposes, including, without limitation, the development 41,344
of supporting agreements and memorandums of understanding; 41,345
(3) Hazard identification; 41,347
(4) Capability assessment; 41,349
(5) The recruitment, retention, and training of personnel; 41,351
(6) The development, printing, and distribution of 41,353
940
emergency public information, education, and training materials 41,354
and programs; 41,355
(7) The necessary conduct of research; 41,357
(8) The development of resource inventories; 41,359
(9) The procurement and stockpiling of equipment, food, 41,361
water, medical supplies, and any other supplies necessary for 41,362
survival and for the public health, safety, and welfare; 41,363
(10) The development and construction of public shelter 41,365
facilities and shelter spaces; 41,366
(11) The development and construction of emergency 41,368
operations centers for the conduct and support of coordination, 41,369
direction, and control activities; 41,370
(12) When appropriate and considered necessary, the 41,372
nonmilitary evacuation or temporary relocation of the civilian 41,373
population. 41,374
(I) "Hazard" means any actual or imminent threat to the 41,376
survival or overall health, safety, or welfare of the civilian 41,377
population that is caused by any natural, man-made HUMAN-MADE, or 41,379
technological event. "Hazard" includes, without limitation, an 41,380
attack, disaster, and emergency. 41,381
(J) "Hazard identification" means an identification, 41,383
historical analysis, inventory, or spatial distribution of risks 41,384
that could affect a specific geographical area and that would 41,385
cause a threat to the survival, health, safety, or welfare of the 41,386
civilian population, the property of that population, or the 41,387
environment. 41,388
(K) "Law" includes a general or special statute, law, 41,390
local law, ordinance, resolution, rule, order, or rule of common 41,391
law. 41,392
(L) "Mitigation" means all those activities that reduce or 41,394
eliminate the probability of a hazard. "Mitigation" also 41,395
includes long-term activities and measures designed to reduce the 41,396
effects of unavoidable hazards. 41,397
(M) "Political subdivision" means a county, township, or 41,399
941
municipal corporation in this state. 41,400
(N) "Recovery" includes all those activities required and 41,402
necessary to return an area to its former condition to the extent 41,403
possible following the occurrence of any hazard. 41,404
(O) "Response" includes all those activities that occur 41,406
subsequent to any hazard and that provide emergency assistance 41,407
from the effects of any such hazard, reduce the probability of 41,408
further injury, damage, or destruction, and are designed or 41,409
undertaken to speed recovery operations. 41,410
(P) "Structure" includes shelters, additions to or 41,412
alterations of existing buildings, and portions of existing 41,413
buildings dedicated to public use, made and designed exclusively 41,414
for protection against the shock or other effects of nuclear, 41,415
biological, or chemical warfare, special housing for equipment, 41,416
and all other structural means of protection of individuals and 41,417
property against any hazard. 41,418
(Q) "Equipment" includes fire-fighting, first-aid, 41,420
emergency medical, hospital, salvage, and rescue equipment and 41,421
materials, equipment for evacuation or relocation of individuals, 41,422
radiological monitoring equipment, hazardous materials response 41,423
gear, communications equipment, warning equipment, and all other 41,424
means, in the nature of personal property, to be used exclusively 41,425
in the protection of individuals and property against the effects 41,426
of any hazard. 41,427
(R) "Certifying authority" means the deputy EXECUTIVE 41,429
director of the emergency management agency provided for by 41,431
section 5502.22 of the Revised Code. 41,433
(S) "Civil defense certificate" means a civil defense 41,435
certificate of necessity issued pursuant to section 5502.42 of 41,437
the Revised Code. 41,438
Sec. 5502.22. (A) There is hereby established within the 41,448
department of public safety an emergency management agency, which 41,449
shall be governed under rules adopted by the director of public 41,451
safety under section 5502.25 of the Revised Code. The director, 41,453
942
with the concurrence of the governor, shall appoint a deputy AN 41,454
EXECUTIVE director, who shall be head of the emergency management 41,456
agency. The deputy EXECUTIVE director may appoint a chief 41,459
executive assistant, executive assistants, and administrative and 41,461
technical personnel within that agency as may be necessary to 41,462
plan, organize, and maintain emergency management adequate to the 41,463
needs of the state. The deputy EXECUTIVE director shall 41,464
coordinate all activities of all agencies for emergency 41,465
management within the state, shall maintain liaison with similar 41,466
agencies of other states and of the federal government, shall 41,467
cooperate with those agencies subject to the approval of the 41,468
governor, and shall develop a statewide emergency operations plan 41,469
that shall meet any applicable federal requirements for such 41,470
plans. The deputy EXECUTIVE director shall have such additional 41,472
authority, duties, and responsibilities as are prescribed by the 41,473
governor and the director or provided by law in all matters 41,475
relating to emergency management that may be reflected in other 41,477
sections of the Revised Code. The deputy EXECUTIVE director 41,479
shall advise the governor and director on matters pertaining to 41,480
emergency management on a regular basis.
Whenever the disaster services agency or director is 41,482
referred to or designated in any statute, rule, contract, or 41,483
other document, the reference or designation shall be deemed to 41,484
refer to the emergency management agency or deputy EXECUTIVE 41,485
director, as the case may be. 41,487
(B) For the purposes of emergency management, the deputy 41,489
EXECUTIVE director, with the approval of the director, may 41,491
participate in federal programs, accept grants from, and enter 41,492
into cooperative agreements or contractual arrangements with any 41,493
federal, state, or local department, agency, or subdivision 41,494
thereof, or any other person or body politic. Whenever the
duties of the emergency management agency overlap with rights or 41,495
duties of other federal, state, or local departments, agencies, 41,496
subdivisions, or officials, or private agencies, the deputy 41,497
943
EXECUTIVE director shall cooperate with, and not infringe upon 41,499
the rights and duties of, the other public or private entities. 41,500
Funds made available by the United States for the use of 41,502
the emergency management agency shall be expended by that agency 41,503
only for the purposes for which the funds were appropriated. In 41,504
accepting federal funds, the emergency management agency shall 41,506
abide by the terms and conditions of the grant, cooperative 41,507
agreement, or contractual arrangement and shall expend the funds 41,508
in accordance with the laws and regulations of the United States. 41,509
Sec. 5502.25. The director of public safety, in accordance 41,518
with Chapter 119. of the Revised Code, shall adopt, may amend or 41,520
rescind, and shall enforce, rules with respect to the emergency
management of the state for the purpose of providing protection 41,522
for its people against any hazard. The rules shall be made 41,523
available for public inspection at the emergency operations 41,525
center/joint dispatch facility and at such other places and 41,526
during such reasonable hours as fixed by the deputy EXECUTIVE 41,527
director of emergency management.
Sec. 5502.28. In carrying out sections 5502.21 to 5502.51 41,536
of the Revised Code, the governor shall utilize the services, 41,539
equipment, supplies, and facilities of existing agencies of the 41,540
state and of the political subdivisions thereof to the maximum 41,541
extent practicable, and the officers and personnel of all such 41,542
agencies shall cooperate with and extend such services, 41,543
equipment, supplies, and facilities to the governor and to the 41,544
deputy EXECUTIVE director of the emergency management agency upon 41,546
request.
Every agency for emergency management established pursuant 41,548
to sections 5502.21 to 5502.51 of the Revised Code and every 41,550
political subdivision that has established a program for 41,551
emergency management under section 5502.271 of the Revised Code, 41,552
and the officers thereof, shall execute and enforce any emergency 41,554
management orders and rules issued or adopted by the director of 41,555
public safety. 41,556
944
Sec. 5502.34. No person shall be employed or associated in 41,565
any capacity in any position or agency established under sections 41,566
5502.21 to 5502.51 of the Revised Code who advocates or has 41,567
advocated a change by force or violence in the constitutional 41,568
form of the government of the United States or of this state or 41,569
who has been convicted of or is under indictment or information 41,570
charging any subversive act against the United States or this 41,571
state. Each person who is appointed to serve in any position in 41,572
emergency management or in an agency for emergency management, 41,573
before entering upon his THE PERSON'S duties, shall register, in 41,574
writing, his THE PERSON'S name, address, and any other necessary 41,575
information pertaining to his THE PERSON'S qualifications and 41,576
choice of type of service and shall take an oath before the 41,578
deputy EXECUTIVE director of the emergency management agency or 41,579
local emergency management director or deputy director, or any 41,580
other person authorized to administer oaths in this state, which 41,581
oath shall be as follows: 41,582
"I, ........................, do solemnly swear (or affirm) 41,584
that I will support and defend the constitution of the United 41,585
States and the constitution of the state of Ohio, against all 41,586
enemies, foreign and domestic; that I will bear true faith and 41,587
allegiance to the same; that I will obey the orders of the 41,588
governor of the state of Ohio; that I take this obligation 41,589
freely, without any mental reservation or purpose of evasion; and 41,590
that I will faithfully discharge the duties upon which I am about 41,591
to enter. 41,592
"And I do further swear (or affirm) that I do not advocate, 41,594
nor am I a member of any political party or organization that 41,595
advocates, the overthrow of the government of the United States 41,596
or of this state by force or violence; and that during such time 41,597
as I am engaged in emergency management employment or activities, 41,598
I will not advocate nor become a member of any political party or 41,599
organization that advocates the overthrow of the government of 41,600
the Unites UNITED States or of this state by force or violence." 41,602
945
Sec. 5515.01. The director of transportation may upon 41,611
formal application being made to the director, grant a permit to 41,613
any individual, firm, or corporation to use or occupy such
portion of a road or highway on the state highway system as will 41,615
not incommode the traveling public. Such permits, when granted, 41,616
shall be upon the following conditions: 41,617
(A) The occupancy of such roads or highways shall be in 41,619
the location as prescribed by the director. 41,620
(B) Such location shall be changed as prescribed by the 41,622
director when the director deems such change necessary for the 41,624
convenience of the traveling public, or in connection with or
contemplation of the construction, reconstruction, improvement, 41,626
relocating, maintenance, or repair of such road or highway. 41,627
(C) The placing of objects or things shall be at a grade 41,629
and in accordance with such plans, specifications, or both, as 41,630
shall be first approved by the director. 41,631
(D) The road or highway in all respects shall be fully 41,633
restored to its former condition of usefulness and at the expense 41,634
of such individual, firm, or corporation. 41,635
(E) Such individual, firm, or corporation shall maintain 41,637
all objects and things in a proper manner, promptly repair all 41,638
damages resulting to such road or highway on account thereof, and 41,639
in event of failure to so repair such road or highway to pay to 41,640
the state all costs and expenses which may be expended by the 41,641
director in repairing any damage. 41,642
(F) Such other conditions as may seem reasonable to the 41,644
director, but no condition shall be prescribed which imposes the 41,645
payment of a money consideration for the privilege granted. 41,646
Nothing in this division prohibits the director from requiring 41,648
payment of money consideration for a lease, easement, license, or 41,649
other interest in a transportation facility under control of the 41,650
department OF TRANSPORTATION.
(G) Permits may be revoked by the director at any time for 41,652
a noncompliance with the conditions imposed. 41,653
946
(H) As a condition precedent to the issuance of a permit 41,655
to a telecommunications service provider, the director shall 41,657
require the applicant to provide proof it is party to a lease, 41,658
easement, or license for the construction, placement, or 41,659
operation of a telecommunications facility in or on a 41,660
transportation facility. 41,661
Except as otherwise provided in this section and section 41,663
5501.311 of the Revised Code, Chapters 5501., 5503., 5511.,, 41,664
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 41,667
5528., 5529., 5531., 5533., and 5535. of the Revised Code do not 41,668
prohibit telegraph, telephone, and electric light and power 41,669
companies from constructing, maintaining, and using telegraph, 41,671
telephone, or electric light and power lines along and upon such 41,673
roads or highways under sections 4931.01, 4931.03, 4931.19, 41,674
4933.14, or other sections of the Revised Code, or to affect 41,675
existing rights of any such companies, or to require such 41,676
companies to obtain a permit from the director, except with 41,677
respect to the location of poles, wires, conduits, and other 41,678
equipment comprising lines on or beneath the surface of such road 41,679
or highways.
This section does not prohibit steam or electric railroad 41,681
companies from constructing tracks across such roads or highways, 41,682
nor authorize the director to grant permission to any company 41,683
owning, operating, controlling, or managing a steam railroad or 41,684
interurban railway in this state to build a new line of railroad, 41,685
or to change or alter the location of existing tracks across any 41,686
road or highway on the state highway system at grade. No such 41,687
company shall change the elevation of any of its tracks across 41,688
such road or highway except in accordance with plans and 41,689
specifications first approved by the director. 41,690
This section does not relieve any individual, firm, or 41,692
corporation from the obligation of satisfying any claim or demand 41,693
of an owner of lands abutting on such road or highway on the 41,694
state highway system on account of placing in such road or 41,695
947
highway a burden in addition to public travel. 41,696
Sec. 5528.36. In the event the moneys to the credit of the 41,705
highway obligations bond retirement fund created by section 41,706
5528.32 of the Revised Code are insufficient, either in amount or 41,707
by reason of restrictions provided for in the second paragraph of 41,708
section 5528.31 of the Revised Code on the use thereof to the 41,709
payment only of the principal of specified issues of notes or of 41,710
bonds, to meet in full all payments of interest, principal, and 41,711
charges for the retirement of obligations issued pursuant to 41,712
Section 2i of Article VIII, Ohio Constitution, and sections 41,713
5528.30 and 5528.31 of the Revised Code due and payable during 41,714
the current calendar year, except the principal of notes which 41,715
THAT the commissioners of the sinking fund certify will be 41,717
retired by the issuance of bonds or renewal notes but including 41,718
deposits required by the second paragraph of section 5528.31 of 41,719
the Revised Code, the commissioners of the sinking fund may on or 41,720
before the fifteenth day of January of any such year or any time 41,721
or times during such calendar year, but shall in any event within 41,722
ten days prior to the time any such payments are due or prior to 41,723
the date the payments required by the second paragraph of section 41,724
5528.31 of the Revised Code become due, certify to the treasurer 41,725
of state the total amount of such payments of principal, 41,726
interest, or charges, the amount of moneys to the credit of the 41,727
highway obligations bond retirement fund created by section 41,728
5528.32 of the Revised Code, the amount thereof the use of which 41,729
is restricted by the second paragraph of section 5528.31 of the 41,730
Revised Code to the payment only of the principal of specified 41,731
issues of notes or of bonds, and the specified issue or issues of 41,732
notes or such bonds with respect to which such amount is so 41,733
restricted, and the amount of additional money necessary to be 41,734
credited to such bond retirement fund to meet in full the payment 41,735
of such interest, principal, or charges when due and the amount 41,736
required to make the payments required by the second paragraph of 41,737
section 5528.31 of the Revised Code. 41,738
948
Upon the receipt of such certification, or if on 41,740
presentation for payment when due of either principal or interest 41,741
on obligations issued pursuant to Section 2i of Article VIII, 41,742
Ohio Constitution, there are insufficient moneys for payment of 41,743
such principal and interest, the treasurer of state shall, after 41,744
making any transfer of moneys to the highway improvement bond 41,745
retirement fund created by section 5528.12 of the Revised Code 41,746
for the payment of interest, principal, and charges due and 41,747
payable for the retirement of bonds issued pursuant to Section 2g 41,748
of Article VIII, Ohio Constitution, and sections 5528.10 and 41,749
5528.11 of the Revised Code as required by section 5528.16 of the 41,750
Revised Code, SHALL transfer the amount required as the 41,751
additional moneys necessary to meet in full all payments of 41,752
interest, principal, and charges for the retirement of highway 41,753
obligations issued pursuant to Section 2i of Article VIII, Ohio 41,754
Constitution, and sections 5528.30 and 5528.31 of the Revised 41,755
Code or the amount required to make the payments required by the 41,756
second paragraph of section 5528.31 of the Revised Code to the 41,757
highway obligations bond retirement fund created by section 41,758
5528.32 of the Revised Code from the undistributed revenues 41,759
derived from fees, excise, or license taxes, levied by the state, 41,760
relating to registration, operation, or use of vehicles on public 41,761
highways, or to fuels used for propelling such vehicles. 41,762
If, after the transfer of undistributed revenues to the 41,764
highway obligations bond retirement fund in accordance with the 41,765
foregoing paragraph of this section, there be insufficient moneys 41,766
for the payment of such principal and interest or to make the 41,767
payments required by the second paragraph of section 5528.31 of 41,768
the Revised Code as certified to the treasurer of state, the 41,769
treasurer of state shall, after making whatever transfers are 41,770
required by divisions (C)(1), (2), and (3) of section 129.73 of 41,771
the Revised Code, SHALL transfer a sufficient amount to the 41,772
highway obligations bond retirement fund from the undistributed 41,773
revenues derived from all excises and taxes of the state, except 41,774
949
ad valorem taxes on real and personal property and income taxes, 41,775
which excises and taxes, other than those excepted, are and shall 41,776
be deemed to be levied, in addition to the purposes otherwise 41,777
provided for by law, to provide in accordance with the provisions 41,778
of this section for the payment of interest, principal, and 41,779
charges on highway obligations, including bonds and notes, issued 41,780
pursuant to Section 2i of Article VIII, Ohio Constitution, and 41,781
sections 5528.30 and 5528.31 of the Revised Code, provided that 41,782
the treasurer shall draw from the undistributed revenues derived 41,783
from the taxes levied by sections 3769.08, 4301.42, 4301.43, 41,784
4305.01, 5725.18, 5727.24, 5727.38, 5729.03, 5731.02, 5731.18, 41,785
5731.19, 5733.06, 5739.02, 5741.02, 5743.02, and 5743.32 of the 41,787
Revised Code in proportion to the amount of undistributed 41,788
revenues from each such tax remaining after the transfer to the 41,789
improvements bond retirement fund created by Section 2f of 41,790
Article VIII, Ohio Constitution, the development bond retirement 41,791
fund created by Section 2h of Article VIII, Ohio Constitution, 41,792
and the public improvements bond retirement fund created by 41,793
section 129.72 of the Revised Code, of such amount of those 41,794
revenues as may be required by sections 129.55, 129.63, and 41,795
129.73 of the Revised Code to be so transferred; provided, 41,796
however, that the commissioners of the sinking fund may, in any 41,797
resolution authorizing the issuance of such highway obligations, 41,798
MAY provide for the reservation of the right to have the 41,799
undistributed revenues referred to in this paragraph applied 41,800
first to such bonds or other obligations as may thereafter be 41,801
issued and in priority to application thereof to the payment of 41,802
the principal and interest on such highway obligations, but such 41,803
reservation shall not in any way qualify the obligation of the 41,804
state, which shall be absolute and unconditional, to levy and 41,805
collect at all times sufficient excises and taxes, other than 41,806
those excepted in Section 2i of Article VIII, Ohio Constitution, 41,807
as will produce adequate revenues available for the payment of 41,808
the principal and interest of such highway obligations. 41,809
950
Sec. 5703.05. All powers, duties, and functions of the 41,818
department of taxation are vested in and shall be performed by 41,819
the tax commissioner, which powers, duties, and functions shall 41,820
include, but shall not be limited to, the following: 41,821
(A) Prescribing all blank forms which the department is 41,823
authorized to prescribe, and to provide such forms and distribute 41,824
the same as required by law and the rules of the department. The 41,825
tax commissioner shall include a mail-in registration form 41,826
prescribed in section 3503.14 of the Revised Code within the 41,827
return and instructions for the tax levied in odd-numbered years 41,828
under section 5747.02 of the Revised Code, beginning with the tax 41,829
levied for the first odd-numbered year after the effective date 41,830
of this amendment 1995. The secretary of state shall bear all 41,831
costs for the inclusion of the mail-in registration form. That 41,832
form shall be addressed for return to the office of the secretary 41,833
of state.
(B) Exercising the authority provided by law, INCLUDING 41,835
ORDERS FROM BANKRUPTCY COURTS, relative to remitting or refunding 41,837
taxes or assessments, including penalties and interest thereon, 41,838
illegally or erroneously assessed or collected, or for any other 41,839
reason overpaid, and in addition, the commissioner may on written 41,840
application of any person, firm, or corporation claiming to have 41,841
overpaid to the treasurer of state at any time within five years 41,842
prior to the making of such application any tax payable under any 41,843
law which the department of taxation is required to administer 41,844
which does not contain any provision for refund, or on his THE 41,845
COMMISSIONER'S own motion investigate the facts and make in 41,846
triplicate a written statement of his THE COMMISSIONER'S 41,847
findings, and, if he THE COMMISSIONER finds that there has been 41,848
an overpayment, issue in triplicate a certificate of abatement 41,849
payable to the taxpayer, his THE TAXPAYER'S assigns, or legal 41,850
representative which shows the amount of the overpayment and the 41,851
kind of tax overpaid. One copy of such statement shall be 41,852
entered on the journal of the commissioner, one shall be
951
certified to the attorney general, and one certified copy shall 41,854
be delivered to the taxpayer. All copies of the certificate of 41,855
abatement shall be transmitted to the attorney general, and if he 41,856
THE ATTORNEY GENERAL finds it to be correct he THE ATTORNEY 41,857
GENERAL shall so certify on each copy, and deliver one copy to 41,858
the taxpayer, one copy to the commissioner, and the third copy to 41,859
the treasurer of state. Except as provided in sections 5725.08
and 5725.16 of the Revised Code the taxpayer's copy of any 41,861
certificates of abatement may be tendered by the payee or 41,862
transferee thereof to the treasurer of state as payment, to the 41,863
extent of the amount thereof, of any tax payable to the treasurer 41,864
of state.
(C) Exercising the authority provided by law relative to 41,866
consenting to the compromise and settlement of tax claims; 41,867
(D) Exercising the authority provided by law relative to 41,869
the use of alternative tax bases by taxpayers in the making of 41,870
personal property tax returns; 41,871
(E) Exercising the authority provided by law relative to 41,873
authorizing the prepayment of taxes on retail sales of tangible 41,874
personal property or on the storage, use, or consumption of 41,875
personal property, and waiving the collection of such taxes from 41,876
the consumers; 41,877
(F) Exercising the authority provided by law to revoke 41,879
licenses; 41,880
(G) Maintaining a continuous study of the practical 41,882
operation of all taxation and revenue laws of the state, the 41,883
manner in which and extent to which such laws provide revenues 41,884
for the support of the state and its political subdivisions, the 41,885
probable effect upon such revenue of possible changes in existing 41,886
laws, and the possible enactment of measures providing for other 41,887
forms of taxation. For this purpose the commissioner may 41,888
establish and maintain a division of research and statistics, and 41,889
may appoint necessary employees who shall be in the unclassified 41,890
civil service; the results of such study shall be available to 41,891
952
the members of the general assembly and the public. 41,892
(H) Making all tax assessments, valuations, findings, 41,894
determinations, computations, and orders the department of 41,895
taxation is by law authorized and required to make and, pursuant 41,896
to time limitations provided by law, on his THE COMMISSIONER'S 41,897
own motion, reviewing, redetermining, or correcting any tax 41,898
assessments, valuations, findings, determinations, computations, 41,899
or orders he THE COMMISSIONER has made, but he THE COMMISSIONER 41,900
shall not review, redetermine, or correct any tax assessment, 41,901
valuation, finding, determination, computation, or order which he 41,902
THE COMMISSIONER has made as to which an appeal or application 41,903
for rehearing, review, redetermination, or correction has been 41,904
filed with the board of tax appeals, unless such appeal or 41,905
application is withdrawn by the appellant or applicant or 41,906
dismissed; 41,907
(I) Appointing not more than five deputy tax 41,909
commissioners, who, under such regulations as the rules of the 41,910
department of taxation prescribe, may act for the commissioner in 41,911
the performance of such duties as he THE COMMISSIONER prescribes 41,912
in the administration of the laws which he THE COMMISSIONER is 41,913
authorized and required to administer, and who shall serve in the 41,914
unclassified civil service at the pleasure of the commissioner, 41,915
but if a person who holds a position in the classified service is 41,916
appointed, it shall not affect the civil service status of such 41,917
person;
(J) Appointing and prescribing the duties of all other 41,919
employees of the department of taxation necessary in the 41,920
performance of the work of the department which the tax 41,921
commissioner is by law authorized and required to perform, and 41,922
creating such divisions or sections of employees as, in his THE 41,923
COMMISSIONER'S judgment, is proper; 41,924
(K) Organizing the work of the department, which he THE 41,926
COMMISSIONER is by law authorized and required to perform, so 41,927
that, in his THE COMMISSIONER'S judgment, an efficient and 41,928
953
economical administration of the laws will result; 41,929
(L) Maintaining a journal, which is open to public 41,931
inspection, in which he THE COMMISSIONER shall keep a record of 41,932
all actions taken by him THE COMMISSIONER relating to assessments 41,934
and the reasons therefor;
(M) Adopting and promulgating, in the manner provided by 41,936
section 5703.14 of the Revised Code, all rules of the department, 41,937
including rules for the administration of sections 3517.16, 41,938
3517.17, and 5747.081 of the Revised Code; 41,939
(N) Destroying any or all returns or assessment 41,941
certificates in the manner authorized by law; 41,942
(O) Adopting rules, in accordance with division (B) of 41,944
section 325.31 of the Revised Code, governing the expenditure of 41,945
moneys from the real estate assessment fund under that division. 41,946
Sec. 5703.052. There is hereby created in the state 41,955
treasury the tax refund fund, from which refunds shall be paid 41,956
for taxes illegally or erroneously assessed or collected, or for 41,957
any other reason overpaid, that are levied by Chapter 4301., 41,958
4305., 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 41,959
5748., 5749., or 5753., and sections 3737.71, 3905.35, 3905.36, 41,960
4303.33, 5707.03, 5725.18, 5727.28, AND 5727.38 and former 41,962
sections 5727.27 and 5727.40 of the Revised Code. Refunds for 41,963
fees illegally or erroneously assessed or collected, or for any 41,964
other reason overpaid, that are levied by sections 3734.90 to 41,965
3734.9014 of the Revised Code also shall be paid from the fund. 41,966
However, refunds for taxes levied under section 5739.101 of the 41,967
Revised Code shall not be paid from the tax refund fund, but 41,968
shall be paid as provided in section 5739.104 of the Revised 41,969
Code.
Upon certification by the tax commissioner to the treasurer 41,971
of state of a tax refund, fee refund, or tax credit due, or by 41,972
the superintendent of insurance of a domestic or foreign 41,973
insurance tax refund, the treasurer of state may place the amount 41,974
certified to the credit of the fund. The certified amount 41,975
954
transferred shall be derived from current receipts of the same 41,976
tax or the fee for which the refund arose or, in the case of a 41,977
tax credit refund, from the current receipts of the taxes levied 41,978
by sections 5739.02 and 5741.02 of the Revised Code. 41,979
If the tax refund arises from a tax payable to the general 41,981
revenue fund, and current receipts from that source are 41,982
inadequate to make the transfer of the amount so certified, the 41,983
treasurer of state may transfer such certified amount from 41,984
current receipts of the sales tax levied by section 5739.02 of 41,985
the Revised Code. 41,986
Sec. 5703.053. As used in this section, "postal service" 41,996
means the United States postal service. 41,997
An application to the tax commissioner for a tax refund 41,999
under sections 4307.05, 4307.07, 5727.28, 5728.061, 5735.122, 42,000
5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, 42,002
5743.53, 5749.08, and 5753.06 of the Revised Code or division (B) 42,003
of section 5703.05 of the Revised Code, or a fee refunded under 42,004
section 3734.905 of the Revised Code, that is received after the 42,005
last day for filing under such section shall be considered to 42,006
have been filed in a timely manner if: 42,007
(A) The application is delivered by the postal service and 42,009
the earliest postal service postmark on the cover in which the 42,010
application is enclosed is not later than the last day for filing 42,011
the application; 42,012
(B) The application is delivered by the postal service, 42,014
the only postmark on the cover in which the application is 42,015
enclosed was affixed by a private postal meter, the date of that 42,016
postmark is not later than the last day for filing the 42,017
application, and the application is received within seven days of 42,018
such last day; or 42,019
(C) The application is delivered by the postal service, no 42,021
postmark date was affixed to the cover in which the application 42,022
is enclosed or the date of the postmark so affixed is not 42,023
legible, and the application is received within seven days of the 42,024
955
last day for making the application. 42,025
Sec. 5703.21. (A) Except as provided in divisions (B), 42,034
(C), (D), (E), and (F) of this section, no agent of the 42,036
department of taxation, except in the agent's report to the 42,037
department or when called on to testify in any court or 42,038
proceeding, shall divulge any information acquired by the agent 42,039
as to the transactions, property, or business of any person while 42,040
acting or claiming to act under orders of the department. 42,041
Whoever violates this provision shall thereafter be disqualified 42,042
from acting as an officer or employee or in any other capacity 42,043
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 42,045
of the Revised Code, or an audit of the department pursuant to 42,046
Chapter 117. of the Revised Code, or an audit, pursuant to such 42,047
THAT chapter, the objective of which is to express an opinion on 42,049
a financial report or statement prepared or issued pursuant to 42,050
division (G)(A)(7) or (I)(9) of section 126.21 of the Revised 42,053
Code, the officers and employees of the auditor of state charged 42,054
with conducting the audit shall have access to and the right to 42,055
examine any state tax returns and state tax return information in 42,056
the possession of the department to the extent that such THE 42,057
access and examination are necessary for purposes of the audit. 42,059
Any information acquired as the result of such THAT access and 42,060
examination shall not be divulged for any purpose other than as 42,062
required for such THE audit or unless the officers and employees 42,063
are required to testify in a court or proceeding under compulsion 42,065
of legal process. Whoever violates this provision shall 42,066
thereafter be disqualified from acting as an officer or employee 42,067
or in any other capacity under appointment or employment of the 42,068
auditor of state. 42,069
(2) As provided by section 6103(d)(2) of the Internal 42,071
Revenue Code, any federal tax returns or federal tax information 42,072
which the department has acquired from the internal revenue 42,073
service, through federal and state statutory authority, may be 42,074
956
disclosed to the auditor of state solely for purposes of an audit 42,075
of the department. 42,076
(C) Division (A) of this section does not prohibit 42,078
divulging information contained in applications, complaints, and 42,079
related documents filed with the department under section 5715.27 42,080
of the Revised Code, or in applications filed with the department 42,081
under section 5715.39 of the Revised Code. 42,082
(D) Division (A) of this section does not prohibit the 42,084
department of taxation providing information to the division of 42,085
child support within the department of human services, or a child 42,086
support enforcement agency, pursuant to division (G)(2) of 42,087
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 42,090
disclosure to the board of motor vehicle collision repair 42,091
registration of any information in the possession of the 42,092
department that is necessary for the board to verify the 42,094
existence of an applicant's valid vendor's license and current 42,095
state tax identification number under section 4775.07 of the
Revised Code. 42,096
(F) Division (A) of this section does not prohibit the 42,098
department from providing information to the administrator of 42,099
workers' compensation pursuant to section 4123.591 of the Revised 42,100
Code.
Sec. 5709.62. (A) In any municipal corporation that is 42,109
defined by the United States office of management and budget as a 42,110
central city of a metropolitan statistical area, the legislative 42,111
authority of the municipal corporation may designate one or more 42,112
areas within its municipal corporation as proposed enterprise 42,113
zones. Upon designating an area, the legislative authority shall 42,114
petition the director of development for certification of the 42,115
area as having the characteristics set forth in division (A)(1) 42,116
of section 5709.61 of the Revised Code as amended by Substitute 42,117
Senate Bill No. 19 of the 120th general assembly. Except as 42,118
otherwise provided in division (E) of this section, on and after 42,119
957
July 1, 1994, legislative authorities shall not enter into 42,120
agreements under this section unless the legislative authority 42,121
has petitioned the director and the director has certified the 42,122
zone under this section as amended by that act; however, all 42,123
agreements entered into under this section as it existed prior to 42,124
July 1, 1994, and the incentives granted under those agreements 42,125
shall remain in effect for the period agreed to under those 42,126
agreements. Within sixty days after receiving such a petition, 42,127
the director shall determine whether the area has the 42,128
characteristics set forth in division (A)(1) of section 5709.61 42,129
of the Revised Code, and shall forward the findings to the 42,131
legislative authority of the municipal corporation. If the 42,132
director certifies the area as having those characteristics, and 42,133
thereby certifies it as a zone, the legislative authority may 42,134
enter into an agreement with an enterprise under division (C) of 42,135
this section. 42,136
(B) Any enterprise that wishes to enter into an agreement 42,138
with a municipal corporation under division (C) of this section 42,139
shall submit a proposal to the legislative authority of the 42,140
municipal corporation on a form prescribed by the director of 42,141
development, together with the application fee established under 42,142
section 5709.68 of the Revised Code. The form shall require the 42,143
following information: 42,144
(1) An estimate of the number of new employees whom the 42,146
enterprise intends to hire, or of the number of employees whom 42,147
the enterprise intends to retain, within the zone at a facility 42,148
that is a project site, and an estimate of the amount of payroll 42,149
of the enterprise attributable to these employees; 42,150
(2) An estimate of the amount to be invested by the 42,152
enterprise to establish, expand, renovate, or occupy a facility, 42,153
including investment in new buildings, additions or improvements 42,154
to existing buildings, machinery, equipment, furniture, fixtures, 42,155
and inventory; 42,156
(3) A listing of the enterprise's current investment, if 42,158
958
any, in a facility as of the date of the proposal's submission. 42,159
The enterprise shall review and update the listings 42,161
required under this division to reflect material changes, and any 42,162
agreement entered into under division (C) of this section shall 42,163
set forth final estimates and listings as of the time the 42,164
agreement is entered into. The legislative authority may, on a 42,165
separate form and at any time, require any additional information 42,166
necessary to determine whether an enterprise is in compliance 42,167
with an agreement and to collect the information required to be 42,168
reported under section 5709.68 of the Revised Code. 42,169
(C) Upon receipt and investigation of a proposal under 42,171
division (B) of this section, if the legislative authority finds 42,172
that the enterprise submitting the proposal is qualified by 42,173
financial responsibility and business experience to create and 42,174
preserve employment opportunities in the zone and improve the 42,175
economic climate of the municipal corporation, the legislative 42,176
authority, on or before June 30, 1999 2004, may do one of the 42,179
following:
(1) Enter into an agreement with the enterprise under 42,181
which the enterprise agrees to establish, expand, renovate, or 42,182
occupy a facility and hire new employees, or preserve employment 42,183
opportunities for existing employees, in return for one or more 42,184
of the following incentives: 42,185
(a) Exemption for a specified number of years, not to 42,187
exceed ten, of a specified portion, up to seventy-five per cent, 42,188
of the assessed value of tangible personal property first used in 42,189
business at the project site as a result of the agreement. An 42,190
exemption granted pursuant to this division applies to inventory 42,191
required to be listed pursuant to sections 5711.15 and 5711.16 of 42,192
the Revised Code, except that, in the instance of an expansion or 42,193
other situations in which an enterprise was in business at the 42,194
facility prior to the establishment of the zone, the inventory 42,195
which is exempt is that amount or value of inventory in excess of 42,196
the amount or value of inventory required to be listed in the 42,197
959
personal property tax return of the enterprise in the return for 42,198
the tax year in which the agreement is entered into. 42,199
(b) Exemption for a specified number of years, not to 42,201
exceed ten, of a specified portion, up to seventy-five per cent, 42,202
of the increase in the assessed valuation of real property 42,203
constituting the project site subsequent to formal approval of 42,204
the agreement by the legislative authority; 42,205
(c) Provision for a specified number of years, not to 42,207
exceed ten, of any optional services or assistance that the 42,208
municipal corporation is authorized to provide with regard to the 42,209
project site. 42,210
(2) An agreement under which the enterprise agrees to 42,212
remediate an environmentally contaminated facility, to spend an 42,213
amount equal to at least two hundred fifty per cent of the true 42,214
value in money of the real property of the facility prior to 42,215
remediation as determined for the purposes of property taxation 42,216
to establish, expand, renovate, or occupy the remediated 42,217
facility, and to hire new employees or preserve employment 42,218
opportunities for existing employees at the remediated facility, 42,219
in return for one or more of the following incentives: 42,220
(a) Exemption for a specified number of years, not to 42,222
exceed ten, of a specified portion, not to exceed fifty per cent, 42,223
of the assessed valuation of the real property of the facility 42,224
prior to remediation; 42,225
(b) Exemption for a specified number of years, not to 42,227
exceed ten, of a specified portion, not to exceed one hundred per 42,228
cent, of the increase in the assessed valuation of the real 42,229
property of the facility during or after remediation; 42,230
(c) The incentive under division (C)(1)(a) of this 42,232
section, except that the percentage of the assessed value of such 42,233
property exempted from taxation shall not exceed one hundred per 42,234
cent; 42,235
(d) The incentive under division (C)(1)(c) of this 42,237
section. 42,238
960
(3) Enter into an agreement with an enterprise that plans 42,240
to purchase and operate a large manufacturing facility that has 42,241
ceased operation or announced its intention to cease operation, 42,242
in return for exemption for a specified number of years, not to 42,243
exceed ten, of a specified portion, up to one hundred per cent, 42,244
of the assessed value of tangible personal property used in 42,245
business at the project site as a result of the agreement, or of 42,246
the assessed valuation of real property constituting the project 42,247
site, or both. 42,248
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 42,250
section, the portion of the assessed value of tangible personal 42,251
property or of the increase in the assessed valuation of real 42,252
property exempted from taxation under those divisions may exceed 42,253
seventy-five per cent in any year for which that portion is 42,254
exempted if the average percentage exempted for all years in 42,255
which the agreement is in effect does not exceed sixty per cent, 42,256
or if the board of education of the city, local, or exempted 42,257
village school district within the territory of which the 42,258
property is or will be located approves a percentage in excess of 42,259
seventy-five per cent. For the purpose of obtaining such 42,260
approval, the legislative authority shall deliver to the board of 42,261
education a notice not later than forty-five days prior to 42,262
approving the agreement, excluding Saturdays, Sundays, and legal 42,264
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 42,266
the true value of the property to be exempted, and the number of 42,267
years the property is to be exempted. The board of education, by 42,268
resolution adopted by a majority of the board, shall approve or 42,269
disapprove the agreement and certify a copy of the resolution to 42,270
the legislative authority not later than fourteen days prior to 42,271
the date stipulated by the legislative authority as the date upon 42,272
which approval of the agreement is to be formally considered by 42,273
the legislative authority. The board of education may include in 42,274
the resolution conditions under which the board would approve the 42,275
961
agreement, including the execution of an agreement to compensate 42,276
the school district under division (B) of section 5709.82 of the 42,277
Revised Code. The legislative authority may approve the 42,278
agreement at any time after the board of education certifies its 42,279
resolution approving the agreement to the legislative authority, 42,280
or, if the board approves the agreement conditionally, at any 42,281
time after the conditions are agreed to by the board and the 42,282
legislative authority.
If a board of education has adopted a resolution waiving 42,284
its right to approve agreements and the resolution remains in 42,286
effect, approval of an agreement by the board is not required 42,287
under this division. If a board of education has adopted a 42,288
resolution allowing a legislative authority to deliver the notice 42,289
required under this division fewer than forty-five business days 42,290
prior to the legislative authority's approval of the agreement, 42,291
the legislative authority shall deliver the notice to the board 42,292
not later than the number of days prior to such approval as 42,293
prescribed by the board in its resolution. If a board of 42,294
education adopts a resolution waiving its right to approve 42,295
agreements or shortening the notification period, the board shall 42,296
certify a copy of the resolution to the legislative authority. 42,297
If the board of education rescinds such a resolution, it shall 42,298
certify notice of the rescission to the legislative authority. 42,299
(2) The legislative authority shall comply with section 42,301
5709.83 of the Revised Code unless the board of education has 42,304
adopted a resolution under that section waiving its right to 42,305
receive such notice.
(E) This division applies to zones certified by the 42,307
director of development under this section prior to July 22, 42,309
1994. 42,310
On or before June 30, 1999 2004, the legislative authority 42,313
that designated a zone to which this division applies may enter 42,314
into an agreement with an enterprise if the legislative authority 42,315
makes the finding required under that division and determines 42,316
962
that the enterprise satisfies one of the criteria described in 42,317
divisions (E)(1) to (5) of this section: 42,318
(1) The enterprise currently has no operations in this 42,320
state and, subject to approval of the agreement, intends to 42,321
establish operations in the zone; 42,322
(2) The enterprise currently has operations in this state 42,324
and, subject to approval of the agreement, intends to establish 42,325
operations at a new location in the zone that would not result in 42,326
a reduction in the number of employee positions at any of the 42,327
enterprise's other locations in this state; 42,328
(3) The enterprise, subject to approval of the agreement, 42,330
intends to relocate operations, currently located in another 42,331
state, to the zone; 42,332
(4) The enterprise, subject to approval of the agreement, 42,334
intends to expand operations at an existing site in the zone that 42,335
the enterprise currently operates; 42,336
(5) The enterprise, subject to approval of the agreement, 42,338
intends to relocate operations, currently located in this state, 42,339
to the zone, and the director of development has issued a waiver 42,340
for the enterprise under division (B) of section 5709.633 of the 42,341
Revised Code. 42,342
The agreement shall require the enterprise to agree to 42,344
establish, expand, renovate, or occupy a facility in the zone and 42,345
hire new employees, or preserve employment opportunities for 42,346
existing employees, in return for one or more of the incentives 42,347
described in division (C) of this section. 42,348
(F) All agreements entered into under this section shall 42,350
be in the form prescribed under section 5709.631 of the Revised 42,351
Code. After an agreement is entered into under this division, if 42,352
the legislative authority revokes its designation of a zone, or 42,353
if the director of development revokes the zone's certification, 42,354
any entitlements granted under the agreement shall continue for 42,355
the number of years specified in the agreement. 42,356
(G) Except as otherwise provided in this division, an 42,358
963
agreement entered into under this section shall require that the 42,359
enterprise pay an annual fee equal to the greater of one per cent 42,360
of the dollar value of incentives offered under the agreement or 42,361
five hundred dollars; provided, however, that if the value of the 42,362
incentives exceeds two hundred fifty thousand dollars, the fee 42,363
shall not exceed two thousand five hundred dollars. The fee 42,364
shall be payable to the legislative authority once per year for 42,365
each year the agreement is effective on the days and in the form 42,366
specified in the agreement. Fees paid shall be deposited in a 42,367
special fund created for such purpose by the legislative 42,368
authority and shall be used by the legislative authority 42,369
exclusively for the purpose of complying with section 5709.68 of 42,370
the Revised Code and by the tax incentive review council created 42,371
under section 5709.85 of the Revised Code exclusively for the 42,372
purposes of performing the duties prescribed under that section. 42,373
The legislative authority may waive or reduce the amount of the 42,374
fee charged against an enterprise, but such a waiver or reduction 42,375
does not affect the obligations of the legislative authority or 42,376
the tax incentive review council to comply with section 5709.68 42,377
or 5709.85 of the Revised Code. 42,378
(H) When an agreement is entered into pursuant to this 42,380
section, the legislative authority authorizing the agreement 42,381
shall forward a copy of the agreement to the director of 42,382
development and to the tax commissioner within fifteen days after 42,383
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 42,384
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE 42,385
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 42,387
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 42,388
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 42,390
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 42,391
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 42,392
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 42,394
964
shall file with each personal property tax return required to be 42,395
filed while the agreement is in effect, an informational return, 42,396
on a form prescribed by the tax commissioner for that purpose, 42,397
setting forth separately the property, and related costs and 42,398
values, exempted from taxation under the agreement. 42,399
(J) Enterprises may agree to give preference to residents 42,401
of the zone within which the agreement applies relative to 42,402
residents of this state who do not reside in the zone when hiring 42,403
new employees under the agreement. 42,404
(K) An agreement entered into under this section may 42,406
include a provision requiring the enterprise to create one or 42,407
more temporary internship positions for students enrolled in a 42,408
course of study at a school or other educational institution in 42,409
the vicinity, and to create a scholarship or provide another form 42,410
of educational financial assistance for students holding such a 42,411
position in exchange for the student's commitment to work for the 42,412
enterprise at the completion of the internship. 42,413
Sec. 5709.63. (A) With the consent of the legislative 42,422
authority of each affected municipal corporation or of a board of 42,423
township trustees, a board of county commissioners may, in the 42,424
manner set forth in section 5709.62 of the Revised Code, 42,425
designate one or more areas in one or more municipal corporations 42,426
or in unincorporated areas of the county as proposed enterprise 42,428
zones. A board of county commissioners may designate no more 42,429
than one area within a township, or within adjacent townships, as 42,430
a proposed enterprise zone. The board shall petition the 42,431
director of development for certification of the area as having 42,432
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 42,433
Senate Bill No. 19 of the 120th general assembly. Except as 42,434
otherwise provided in division (D) of this section, on and after 42,435
July 1, 1994, boards of county commissioners shall not enter into 42,436
agreements under this section unless the board has petitioned the 42,437
director and the director has certified the zone under this
965
section as amended by that act; however, all agreements entered 42,438
into under this section as it existed prior to July 1, 1994, and 42,439
the incentives granted under those agreements shall remain in 42,440
effect for the period agreed to under those agreements. The 42,441
director shall make the determination in the manner provided 42,442
under section 5709.62 of the Revised Code. Any enterprise 42,443
wishing to enter into an agreement with the board under division 42,444
(B) or (D) of this section shall submit a proposal to the board 42,446
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 42,448
enterprise shall review and update the estimates and listings 42,449
required by the form in the manner required under that division. 42,450
The board may, on a separate form and at any time, require any 42,451
additional information necessary to determine whether an 42,452
enterprise is in compliance with an agreement and to collect the 42,453
information required to be reported under section 5709.68 of the 42,454
Revised Code.
(B) If the board of county commissioners finds that an 42,456
enterprise submitting a proposal is qualified by financial 42,457
responsibility and business experience to create and preserve 42,458
employment opportunities in the zone and to improve the economic 42,459
climate of the municipal corporation or municipal corporations or 42,460
the unincorporated areas in which the zone is located and to 42,461
which the proposal applies, the board, on or before June 30, 1999 42,463
2004, and with the consent of the legislative authority of each 42,465
affected municipal corporation or of the board of township 42,466
trustees may do either of the following: 42,467
(1) Enter into an agreement with the enterprise under 42,469
which the enterprise agrees to establish, expand, renovate, or 42,470
occupy a facility in the zone and hire new employees, or preserve 42,471
employment opportunities for existing employees, in return for 42,472
the following incentives: 42,473
(a) When the facility is located in a municipal 42,475
corporation, the board may enter into an agreement for one or 42,476
966
more of the incentives provided in division (C) of section 42,477
5709.62 of the Revised Code, subject to division (D) of that 42,478
section;
(b) When the facility is located in an unincorporated 42,480
area, the board may enter into an agreement for one or more of 42,481
the following incentives: 42,482
(i) Exemption for a specified number of years, not to 42,484
exceed ten, of a specified portion, up to sixty per cent, of the 42,486
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 42,488
exemption granted pursuant to this division applies to inventory 42,489
required to be listed pursuant to sections 5711.15 and 5711.16 of 42,490
the Revised Code, except, in the instance of an expansion or 42,491
other situations in which an enterprise was in business at the 42,492
facility prior to the establishment of the zone, the inventory 42,493
which is exempt is that amount or value of inventory in excess of 42,494
the amount or value of inventory required to be listed in the 42,495
personal property tax return of the enterprise in the return for 42,496
the tax year in which the agreement is entered into. 42,497
(ii) Exemption for a specified number of years, not to 42,499
exceed ten, of a specified portion, up to sixty per cent, of the 42,501
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 42,502
by the board;
(iii) Provision for a specified number of years, not to 42,504
exceed ten, of any optional services or assistance the board is 42,505
authorized to provide with regard to the project site; 42,506
(iv) The incentive described in division (C)(2) of section 42,508
5709.62 of the Revised Code. 42,509
(2) Enter into an agreement with an enterprise that plans 42,511
to purchase and operate a large manufacturing facility that has 42,512
ceased operation or has announced its intention to cease 42,513
operation, in return for exemption for a specified number of 42,514
years, not to exceed ten, of a specified portion, up to one 42,515
967
hundred per cent, of tangible personal property used in business 42,516
at the project site as a result of the agreement, or of real 42,517
property constituting the project site, or both. 42,518
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 42,520
this section, the portion of the assessed value of tangible 42,523
personal property or of the increase in the assessed valuation of 42,524
real property exempted from taxation under those divisions may 42,525
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 42,526
which the agreement is in effect does not exceed fifty per cent, 42,527
or if the board of education of the city, local, or exempted 42,528
village school district within the territory of which the 42,529
property is or will be located approves a percentage in excess of 42,530
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 42,531
notice not later than forty-five days prior to approving the 42,533
agreement, excluding Saturdays, Sundays, and legal holidays as 42,535
defined in section 1.14 of the Revised Code. The notice shall 42,537
state the percentage to be exempted, an estimate of the true 42,539
value of the property to be exempted, and the number of years the 42,540
property is to be exempted. The board of education, by 42,541
resolution adopted by a majority of the board, shall approve or 42,542
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 42,543
the date stipulated by the board of commissioners as the date 42,544
upon which approval of the agreement is to be formally considered 42,545
by the board of commissioners. The board of education may 42,546
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 42,547
compensate the school district under division (B) of section 42,548
5709.82 of the Revised Code. The board of county commissioners 42,550
may approve the agreement at any time after the board of 42,551
education certifies its resolution approving the agreement to the 42,552
board of county commissioners, or, if the board of education 42,553
968
approves the agreement conditionally, at any time after the 42,554
conditions are agreed to by the board of education and the board 42,555
of county commissioners.
If a board of education has adopted a resolution waiving 42,557
its right to approve agreements and the resolution remains in 42,559
effect, approval of an agreement by the board of education is not 42,560
required under division (C) of this section. If a board of 42,561
education has adopted a resolution allowing a board of county 42,562
commissioners to deliver the notice required under this division 42,563
fewer than forty-five business days prior to approval of the 42,565
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 42,566
education not later than the number of days prior to such 42,568
approval as prescribed by the board of education in its 42,569
resolution. If a board of education adopts a resolution waiving 42,570
its right to approve agreements or shortening the notification 42,571
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 42,572
education rescinds such a resolution, it shall certify notice of 42,573
the rescission to the board of county commissioners. 42,574
(2) The board of county commissioners shall comply with 42,576
section 5709.83 of the Revised Code unless the board of education 42,579
has adopted a resolution under that section waiving its right to 42,580
receive such notice.
(D) This division applies to zones certified by the 42,582
director of development under this section prior to July 22, 42,584
1994.
On or before June 30, 1999 2004, and with the consent of 42,587
the legislative authority of each affected municipal corporation 42,589
or board of township trustees of each affected township, the 42,590
board of commissioners that designated a zone to which this 42,591
division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and 42,592
determines that the enterprise satisfies one of the criteria 42,593
969
described in divisions (D)(1) to (5) of this section: 42,594
(1) The enterprise currently has no operations in this 42,596
state and, subject to approval of the agreement, intends to 42,597
establish operations in the zone;
(2) The enterprise currently has operations in this state 42,599
and, subject to approval of the agreement, intends to establish 42,600
operations at a new location in the zone that would not result in 42,601
a reduction in the number of employee positions at any of the 42,602
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 42,604
intends to relocate operations, currently located in another 42,605
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 42,607
intends to expand operations at an existing site in the zone that 42,608
the enterprise currently operates; 42,609
(5) The enterprise, subject to approval of the agreement, 42,611
intends to relocate operations, currently located in this state, 42,612
to the zone, and the director of development has issued a waiver 42,613
for the enterprise under division (B) of section 5709.633 of the 42,614
Revised Code.
The agreement shall require the enterprise to agree to 42,616
establish, expand, renovate, or occupy a facility in the zone and 42,617
hire new employees, or preserve employment opportunities for 42,618
existing employees, in return for one or more of the incentives 42,619
described in division (B) of this section.
(E) All agreements entered into under this section shall 42,621
be in the form prescribed under section 5709.631 of the Revised 42,622
Code. After an agreement under this section is entered into, if 42,623
the board of county commissioners revokes its designation of the 42,624
zone, or if the director of development revokes the zone's 42,625
certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement. 42,626
(F) Except as otherwise provided in this paragraph, an 42,628
agreement entered into under this section shall require that the 42,629
970
enterprise pay an annual fee equal to the greater of one per cent 42,630
of the dollar value of incentives offered under the agreement or 42,631
five hundred dollars; provided, however, that if the value of the 42,632
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee 42,633
shall be payable to the board of commissioners once per year for 42,634
each year the agreement is effective on the days and in the form 42,635
specified in the agreement. Fees paid shall be deposited in a 42,636
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 42,637
section 5709.68 of the Revised Code and by the tax incentive 42,638
review council created under section 5709.85 of the Revised Code 42,639
exclusively for the purposes of performing the duties prescribed 42,640
under that section. The board may waive or reduce the amount of 42,641
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 42,642
incentive review council to comply with section 5709.68 or 42,643
5709.85 of the Revised Code, respectively. 42,644
(G) With the approval of the legislative authority of a 42,646
municipal corporation or the board of township trustees of a 42,647
township in which a zone is designated under division (A) of this 42,648
section, the board of county commissioners may delegate to that 42,649
legislative authority or board any powers and duties of the board 42,650
to negotiate and administer agreements with regard to that zone
under this section. 42,651
(H) When an agreement is entered into pursuant to this 42,653
section, the legislative authority authorizing the agreement 42,654
shall forward a copy of the agreement to the director of 42,655
development and to the tax commissioner within fifteen days after 42,656
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 42,657
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 42,659
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 42,660
971
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 42,662
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 42,663
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 42,664
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 42,666
shall file with each personal property tax return required to be 42,667
filed while the agreement is in effect, an informational return, 42,668
on a form prescribed by the tax commissioner for that purpose, 42,669
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 42,670
(J) Enterprises may agree to give preference to residents 42,672
of the zone within which the agreement applies relative to 42,673
residents of this state who do not reside in the zone when hiring 42,674
new employees under the agreement.
(K) An agreement entered into under this section may 42,676
include a provision requiring the enterprise to create one or 42,677
more temporary internship positions for students enrolled in a 42,678
course of study at a school or other educational institution in 42,679
the vicinity, and to create a scholarship or provide another form 42,680
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 42,681
enterprise at the completion of the internship. 42,682
Sec. 5709.632. (A)(1) The legislative authority of a 42,691
municipal corporation defined by the United States office of 42,692
budget MANAGEMENT and management BUDGET as a central city of a 42,694
metropolitan statistical area may, in the manner set forth in 42,695
section 5709.62 of the Revised Code, designate one or more areas 42,696
in the municipal corporation as a proposed enterprise zone. 42,697
(2) With the consent of the legislative authority of each 42,699
affected municipal corporation or of a board of township 42,700
trustees, a board of county commissioners may, in the manner set 42,701
forth in section 5709.62 of the Revised Code, designate one or 42,702
more areas in one or more municipal corporations or in 42,703
unincorporated areas of the county as proposed urban jobs and 42,704
972
enterprise zones, except that a board of county commissioners may 42,705
designate no more than one area within a township, or within 42,706
adjacent townships, as a proposed urban jobs and enterprise zone. 42,707
(3) The legislative authority or board of county 42,709
commissioners may petition the director of development for 42,710
certification of the area as having the characteristics set forth 42,711
in division (A)(3) of section 5709.61 of the Revised Code. 42,712
Within sixty days after receiving such a petition, the director 42,713
shall determine whether the area has the characteristics set 42,714
forth in that division and forward the findings to the 42,715
legislative authority or board of county commissioners. If the 42,716
director certifies the area as having those characteristics and 42,717
thereby certifies it as a zone, the legislative authority or 42,718
board may enter into agreements with enterprises under division 42,719
(B) of this section. Any enterprise wishing to enter into an 42,720
agreement with a legislative authority or board of commissioners 42,721
under this section and satisfying one of the criteria described 42,722
in divisions (B)(1) to (5) of this section shall submit a 42,723
proposal to the legislative authority or board on the form 42,724
prescribed under division (B) of section 5709.62 of the Revised 42,725
Code and shall review and update the estimates and listings 42,726
required by the form in the manner required under that division. 42,727
The legislative authority or board may, on a separate form and at 42,728
any time, require any additional information necessary to 42,729
determine whether an enterprise is in compliance with an 42,730
agreement and to collect the information required to be reported 42,731
under section 5709.68 of the Revised Code. 42,732
(B) Prior to entering into an agreement with an 42,734
enterprise, the legislative authority or board of county 42,735
commissioners shall determine whether the enterprise submitting 42,736
the proposal is qualified by financial responsibility and 42,737
business experience to create and preserve employment 42,738
opportunities in the zone and to improve the economic climate of 42,739
the municipal corporation or municipal corporations or the 42,740
973
unincorporated areas in which the zone is located and to which 42,741
the proposal applies, and whether the enterprise satisfies one of 42,742
the following criteria: 42,743
(1) The enterprise currently has no operations in this 42,745
state and, subject to approval of the agreement, intends to 42,746
establish operations in the zone; 42,747
(2) The enterprise currently has operations in this state 42,749
and, subject to approval of the agreement, intends to establish 42,750
operations at a new location in the zone that would not result in 42,751
a reduction in the number of employee positions at any of the 42,752
enterprise's other locations in this state; 42,753
(3) The enterprise, subject to approval of the agreement, 42,755
intends to relocate operations, currently located in another 42,756
state, to the zone; 42,757
(4) The enterprise, subject to approval of the agreement, 42,759
intends to expand operations at an existing site in the zone that 42,760
the enterprise currently operates; 42,761
(5) The enterprise, subject to approval of the agreement, 42,763
intends to relocate operations, currently located in this state, 42,764
to the zone, and the director of development has issued a waiver 42,765
for the enterprise under division (B) of section 5709.633 of the 42,766
Revised Code. 42,767
(C) If the legislative authority or board determines that 42,769
the enterprise is so qualified and satisfies one of the criteria 42,770
described in divisions (B)(1) to (5) of this section, the 42,771
legislative authority or board may, after complying with section 42,772
5709.83 of the Revised Code and on or before June 30, 1999 2004, 42,774
and, in the case of a board of commissioners, with the consent of 42,776
the legislative authority of each affected municipal corporation
or of the board of township trustees: 42,777
(1) Enter, ENTER into an agreement with the enterprise 42,779
under which the enterprise agrees to establish, expand, renovate, 42,781
or occupy a facility in the zone and hire new employees, or 42,782
preserve employment opportunities for existing employees, in 42,783
974
return for the following incentives: 42,784
(a)(1) When the facility is located in a municipal 42,786
corporation, a legislative authority or board of commissioners 42,787
may enter into an agreement for one or more of the incentives 42,788
provided in division (C) of section 5709.62 of the Revised Code, 42,789
subject to division (D) of that section; 42,790
(b)(2) When the facility is located in an unincorporated 42,792
area, a board of commissioners may enter into an agreement for 42,793
one or more of the incentives provided in divisions (B)(1)(b), 42,794
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 42,795
subject to division (C) of that section. 42,796
(D) All agreements entered into under this section shall 42,798
be in the form prescribed under section 5709.631 of the Revised 42,799
Code. After an agreement under this section is entered into, if 42,800
the legislative authority or board of county commissioners 42,801
revokes its designation of the zone, or if the director of 42,802
development revokes the zone's certification, any entitlements 42,803
granted under the agreement shall continue for the number of 42,804
years specified in the agreement. 42,805
(E) Except as otherwise provided in this division, an 42,807
agreement entered into under this section shall require that the 42,808
enterprise pay an annual fee equal to the greater of one per cent 42,809
of the dollar value of incentives offered under the agreement or 42,810
five hundred dollars; provided, however, that if the value of the 42,811
incentives exceeds two hundred fifty thousand dollars, the fee 42,812
shall not exceed two thousand five hundred dollars. The fee 42,813
shall be payable to the legislative authority or board of 42,814
commissioners once per year for each year the agreement is 42,815
effective on the days and in the form specified in the agreement. 42,816
Fees paid shall be deposited in a special fund created for such 42,817
purpose by the legislative authority or board and shall be used 42,818
by the legislative authority or board exclusively for the purpose 42,819
of complying with section 5709.68 of the Revised Code and by the 42,820
tax incentive review council created under section 5709.85 of the 42,821
975
Revised Code exclusively for the purposes of performing the 42,822
duties prescribed under that section. The legislative authority 42,823
or board may waive or reduce the amount of the fee charged 42,824
against an enterprise, but such waiver or reduction does not 42,825
affect the obligations of the legislative authority or board or 42,826
the tax incentive review council to comply with section 5709.68 42,827
or 5709.85 of the Revised Code, respectively. 42,828
(F) With the approval of the legislative authority of a 42,830
municipal corporation or the board of township trustees of a 42,831
township in which a zone is designated under division (A)(2) of 42,832
this section, the board of county commissioners may delegate to 42,833
that legislative authority or board any powers and duties of the 42,834
board to negotiate and administer agreements with regard to that 42,835
zone under this section. 42,836
(G) When an agreement is entered into pursuant to this 42,838
section, the legislative authority or board of commissioners 42,839
authorizing the agreement shall forward a copy of the agreement 42,840
to the director of development and to the tax commissioner within 42,841
fifteen days after the agreement is entered into. IF ANY 42,843
AGREEMENT INCLUDES TERMS NOT PROVIDED FOR IN SECTION 5709.631 OF
THE REVISED CODE AFFECTING THE REVENUE OF A CITY, LOCAL, OR 42,844
EXEMPTED VILLAGE SCHOOL DISTRICT OR CAUSING REVENUE TO BE 42,845
FOREGONE BY THE DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID 42,846
TO THE SCHOOL DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED 42,848
CODE, THOSE TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE 42,849
DIRECTOR OF DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT 42,850
FORWARDED UNDER THIS DIVISION.
(H) After an agreement is entered into, the enterprise 42,852
shall file with each personal property tax return required to be 42,853
filed while the agreement is in effect, an informational return, 42,854
on a form prescribed by the tax commissioner for that purpose, 42,855
setting forth separately the property, and related costs and 42,856
values, exempted from taxation under the agreement. 42,857
(I) An agreement entered into under this section may 42,859
976
include a provision requiring the enterprise to create one or 42,860
more temporary internship positions for students enrolled in a 42,861
course of study at a school or other educational institution in 42,862
the vicinity, and to create a scholarship or provide another form 42,863
of educational financial assistance for students holding such a 42,864
position in exchange for the student's commitment to work for the 42,865
enterprise at the completion of the internship. 42,866
Sec. 5709.70. BEGINNING WITH FISCAL YEAR 2002, IN EVERY 42,868
BIENNIUM IN WHICH SECTIONS 5709.61 TO 5709.69 OF THE REVISED 42,869
CODE, PERTAINING TO ENTERPRISE ZONES, REMAIN IN EFFECT, THE 42,871
DIRECTOR OF DEVELOPMENT SHALL CERTIFY TO THE GENERAL ASSEMBLY 42,872
THAT THE DIRECTOR IS MAKING AN EFFORT TO REFORM THE ENTERPRISE 42,873
ZONE PROGRAM. THE DIRECTOR SHALL ALSO APPEAR IN EACH SUCH 42,874
BIENNIUM BEFORE A JOINT HEARING OF THE HOUSE OF REPRESENTATIVES 42,875
COMMITTEE ON FINANCE AND APPROPRIATIONS AND THE SENATE FINANCE 42,877
COMMITTEE TO DISCUSS THE EFFORTS OF THE DIRECTOR TO REFORM THE 42,878
PROGRAM. THE CHAIRPERSONS OF THE TWO COMMITTEES SHALL ARRANGE 42,879
FOR SUCH A HEARING WHENEVER THE DIRECTOR NOTIFIES THEM THAT THE 42,880
DIRECTOR IS AVAILABLE TO MAKE THE APPEARANCE. 42,881
Sec. 5709.83. (A) Except as otherwise provided in 42,890
division (B) of this section, prior to taking formal action to 42,891
adopt or enter into any instrument granting a tax exemption under 42,893
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63, 42,894
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised 42,895
Code or formally approving an agreement under section 3735.671 of 42,896
the Revised Code, or prior to forwarding an application for a tax 42,897
exemption for residential property under section 3735.67 of the 42,898
Revised Code to the county auditor, the legislative authority of 42,899
the political subdivision or housing officer shall notify the 42,900
board of education of each CITY, LOCAL, EXEMPTED VILLAGE, OR 42,901
JOINT VOCATIONAL school district in which the proposed 42,902
tax-exempted property is located. The notice shall include a 42,903
copy of the instrument or application. The notice shall be 42,904
delivered not later than fourteen days prior to the day the 42,905
977
legislative authority takes formal action to adopt or enter into 42,906
the instrument, or not later than fourteen days prior to the day 42,907
the housing officer forwards the application to the county 42,908
auditor. If the board of education comments on the instrument or 42,909
application to the legislative authority or housing officer, the 42,910
legislative authority or housing officer shall consider the 42,911
comments. If the board of education OF THE CITY, LOCAL, OR 42,912
EXEMPTED VILLAGE SCHOOL DISTRICT so requests, the legislative 42,913
authority or the housing officer shall meet in person with a 42,914
representative designated by the board of education to discuss 42,915
the terms of the instrument or application. 42,916
(B) The notice otherwise required to be provided to boards 42,918
of education under division (A) of this section is not required 42,919
if the board has adopted a resolution waiving its right to 42,920
receive such notices, and that resolution remains in effect. If 42,921
a board of education adopts such a resolution, the board shall 42,922
cause a copy of the resolution to be certified to the legislative 42,923
authority. If the board of education rescinds such a resolution, 42,924
it shall certify notice of the rescission to the legislative
authority. A board of education may adopt such a resolution with 42,925
respect to any one or more counties, townships, or municipal 42,926
corporations situated in whole or in part within the school 42,927
district.
Sec. 5711.16. A (A) AS USED IN THIS SECTION, 42,936
"MANUFACTURER" MEANS A person who purchases, receives, or holds 42,937
personal property for the purpose of adding to its value by 42,940
manufacturing, refining, rectifying, or combining different 42,941
materials with a view of making a gain or profit by so doing is a 42,942
manufacturer. When such person
WHEN A MANUFACTURER is required to return a statement of 42,945
the amount of his THE MANUFACTURER'S personal property used in 42,946
business, he THE MANUFACTURER shall include the average value, 42,948
estimated as provided in this section, of all articles purchased, 42,949
received, or otherwise held for the purpose of being used, in
978
whole or in part, in manufacturing, combining, rectifying, or 42,950
refining, and of all articles which THAT were at any time by him 42,951
manufactured or changed in any way BY THE MANUFACTURER, either by 42,953
combining, rectifying, refining, or adding thereto, which he THAT 42,954
THE MANUFACTURER has had on hand during the year ending on the 42,955
day such THE property is listed for taxation annually, or the 42,957
part of such year during which he THE MANUFACTURER was engaged in 42,959
business. He THE MANUFACTURER shall separately list finished 42,960
products not kept or stored at the place of manufacture or at a 42,961
warehouse in the same county.
The average value of such property shall be ascertained by 42,963
taking the value of all property subject to be listed on the 42,964
average basis, owned by such THE manufacturer on the last 42,966
business day of each month the manufacturer was engaged in 42,967
business during the year, adding the monthly values together, and
dividing the result by the number of months the manufacturer was 42,968
engaged in such business during the year. The result shall be 42,969
the average value to be listed. A 42,970
(B) A manufacturer shall also SHALL list all engines and 42,973
machinery, and tools and implements, of every kind used, or 42,974
designed to be used, in refining and manufacturing, and owned or 42,975
used by such THE manufacturer.
Sec. 5711.22. (A) Deposits not taxed at the source shall 42,984
be listed and assessed at their amount in dollars on the day they 42,985
are required to be listed. Moneys shall be listed and assessed 42,986
at the amount thereof in dollars on hand on the day that they are 42,987
required to be listed. In listing investments, the amount of the 42,988
income yield of each for the calendar year next preceding the 42,989
date of listing shall, except as otherwise provided in this 42,990
chapter, be stated in dollars and cents and the assessment 42,991
thereof shall be at the amount of such income yield; but any 42,992
property defined as investments in either division (A) or (B) of 42,993
section 5701.06 of the Revised Code that has not been outstanding 42,995
for the full calendar year next preceding the date of listing, 42,996
979
except shares of stock of like kind as other shares of the same 42,997
corporation outstanding for the full calendar year next preceding 42,998
the date of listing, or which has yielded no income during such 42,999
calendar year shall be listed and assessed as unproductive 43,000
investments, at their true value in money on the day that such 43,001
investments are required to be listed.
Credits and other taxable intangibles shall be listed and 43,003
assessed at their true value in money on the day as of which the 43,004
same are required to be listed. 43,005
Shares of stock of a bank holding company, as defined in 43,007
Title 12 U.S.C.A., section 1841, which THAT are required to be 43,008
listed for taxation under this division and upon which dividends 43,010
were paid during the year of their issuance, which dividends are 43,011
subject to taxation under the provisions of Chapter 5747. of the 43,012
Revised Code, shall be exempt from the intangibles tax for the 43,013
year immediately succeeding their issuance. If such shares bear 43,015
dividends the first calendar year after their issuance, which 43,016
dividends are subject to taxation under the provisions of Chapter 43,017
5747. of the Revised Code, it shall be deemed that the 43,018
nondelinquent intangible property tax pursuant to division (A) of 43,019
section 5707.04 of the Revised Code was paid on those dividends 43,020
paid that first calendar year after the issuance of the shares. 43,021
(B)(1) Boilers, machinery, equipment, and personal 43,023
property the true value of which is determined under division (B) 43,024
of section 5711.21 of the Revised Code shall be listed and 43,025
assessed at an amount equal to the sum of the products determined 43,026
under divisions (B)(1)(a), (b), and (c) of this section. 43,027
(a) Multiply the portion of the true value determined 43,029
under division (B)(1) of section 5711.21 of the Revised Code by 43,030
the assessment rate in division (E)(F) of this section; 43,032
(b) Multiply the portion of the true value determined 43,034
under division (B)(2) of section 5711.21 of the Revised Code by 43,035
the assessment rate in section 5727.111 of the Revised Code that 43,036
is applicable to the production equipment of an electric company; 43,037
980
(c) Multiply the portion of the true value determined 43,039
under division (B)(3) of section 5711.21 of the Revised Code by 43,040
the assessment rate in section 5727.111 of the Revised Code that 43,041
is applicable to the property of an electric company that is not 43,042
production equipment. 43,043
(2) Personal property leased to a public utility or 43,045
interexchange telecommunications company as defined in section 43,046
5727.01 of the Revised Code and used directly in the rendition of 43,047
a public utility service as defined in division (P) of section 43,048
5739.01 of the Revised Code shall be listed and assessed at the 43,049
same percentage of true value in money that such property is 43,050
required to be assessed by section 5727.111 of the Revised Code 43,051
if owned by the public utility or interexchange 43,052
telecommunications company. 43,053
(C)(1) Merchandise or an agricultural product shipped from 43,055
outside this state and held in this state in a warehouse or a 43,056
place of storage without further manufacturing or processing and 43,057
for storage only and for shipment outside this state, but that is 43,059
taxable because it does not qualify as "not used in business in 43,061
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 43,062
twenty-five one-hundredths of its true value in money until 43,063
reduced in accordance with the following schedule: 43,064
(a) For any year, subtract five one-hundredths from the 43,066
rate at which such property was required to be listed and 43,067
assessed in the preceding year, if the total statewide collection 43,068
of all real and tangible personal property taxes for the second 43,070
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 43,071
year by more than the greater of four per cent or the rate of 43,072
increase from the third to the second preceding years in the 43,073
average consumer price index (all urban consumers, all items) 43,074
prepared by the bureau of labor statistics of the United States 43,075
department of labor;
981
(b) If no reduction in the assessment rate is made for a 43,077
year, the rate is the same as for the preceding year. 43,078
(2) Each year until the year the assessment rate equals 43,080
zero, the tax commissioner shall determine the assessment rate 43,081
required under this division and shall notify all county auditors 43,082
of that rate.
(3) Notwithstanding provisions to the contrary in division 43,084
(B) of section 5701.08 of the Revised Code, during and after the 43,085
year for which the assessment rate as calculated under this 43,086
division equals zero, any merchandise or agricultural product 43,087
shipped from outside this state and held in this state in any 43,088
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 43,089
shipment outside this state to any person for any purpose is not 43,090
used in business in this state for property tax purposes. 43,092
(D)(1) Merchandise or an agricultural product owned by a 43,094
qualified out-of-state person shipped from outside this state and 43,096
held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and 43,097
for shipment inside this state, but that is taxable because it 43,098
does not qualify as "not used in business in this state" under 43,099
division (B)(1) or (2) of section 5701.08 of the Revised Code, 43,102
shall be listed and assessed at a rate of twenty-five 43,103
one-hundredths of its true value in money until reduced in 43,104
accordance with the following schedule: 43,105
(a) For any year, subtract five one-hundredths from the 43,108
rate at which such property was required to be listed and 43,109
assessed in the preceding year, if the total statewide collection 43,110
of all real and tangible personal property taxes for the second 43,111
preceding year exceeded the total statewide collection of all 43,112
real and tangible personal property taxes for the third preceding 43,113
year by more than the greater of four per cent or the rate of 43,114
increase from the third to the second preceding years in the 43,115
average consumer price index (all urban consumers, all items) 43,116
982
prepared by the bureau of labor statistics of the United States 43,118
department of labor; 43,119
(b) If no reduction in the assessment rate is made for a 43,122
year, the rate is the same as for the preceding year. 43,123
(2) Each year until the year the assessment rate equals 43,125
zero, the tax commissioner shall determine the assessment rate 43,126
required under this division and shall notify all county auditors 43,128
of that rate.
(3) Notwithstanding provisions to the contrary in division 43,131
(B) of section 5701.08 of the Revised Code, during and after the 43,133
year for which the assessment rate as calculated under this 43,134
division equals zero, any merchandise or agricultural product 43,135
described in division (D)(1) of this section is not used in 43,137
business in this state for property tax purposes. 43,138
(4) As used in division (D) of this section: 43,141
(a) "Qualified out-of-state person" means a person that 43,144
does not own, lease, or use property, other than merchandise or 43,145
an agricultural product described in this division, in this 43,146
state, and does not have employees, agents, or representatives in 43,147
this state;
(b) "Public warehouse" means a warehouse in this state 43,150
that is not subject to the control of or under the supervision of 43,151
the owner of the merchandise or agricultural product stored in 43,152
it, or staffed by the owner's employees, and from which the 43,153
property is to be shipped inside this state. 43,154
(E) PERSONAL PROPERTY VALUED PURSUANT TO SECTION 5711.15 43,156
OF THE REVISED CODE AND PERSONAL PROPERTY REQUIRED TO BE LISTED 43,160
ON THE AVERAGE BASIS BY DIVISION (A) OF SECTION 5711.16 OF THE 43,162
REVISED CODE, EXCEPT PROPERTY DESCRIBED IN DIVISION (C) OR (D) OF 43,165
THIS SECTION, BUSINESS FIXTURES, AND FURNITURE NOT HELD FOR SALE 43,166
IN THE COURSE OF BUSINESS, SHALL BE LISTED AND ASSESSED AT THE 43,167
RATE OF TWENTY-FIVE PER CENT OF ITS TRUE VALUE IN MONEY UNTIL 43,168
REDUCED TO ZERO IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 43,169
(1) BEGINNING IN TAX YEAR 2002 AND FOR EACH OF TAX YEARS 43,171
983
2003, 2004, 2005, AND 2006, SUBTRACT ONE PERCENTAGE POINT FROM 43,172
THE RATE AT WHICH THE PROPERTY WAS REQUIRED TO BE LISTED AND 43,173
ASSESSED IN THE PRECEDING YEAR, IF THE TOTAL STATEWIDE COLLECTION 43,174
OF TANGIBLE PERSONAL PROPERTY TAXES FOR THE SECOND PRECEDING YEAR 43,175
EXCEEDED THE TOTAL STATEWIDE COLLECTION OF TANGIBLE PERSONAL 43,176
PROPERTY TAXES FOR THE THIRD PRECEDING YEAR. IF NO REDUCTION IN 43,177
THE ASSESSMENT RATE IS MADE FOR A YEAR, THE RATE IS THE SAME AS 43,178
FOR THE PRECEDING YEAR. FOR PURPOSES OF THIS DIVISION, "TOTAL 43,179
STATEWIDE COLLECTION OF TANGIBLE PERSONAL PROPERTY TAXES" 43,180
EXCLUDES TAXES COLLECTED FROM PUBLIC UTILITIES AND INTEREXCHANGE 43,181
TELECOMMUNICATIONS COMPANIES ON PROPERTY THAT IS DETERMINED TO BE 43,182
TAXABLE PURSUANT TO SECTION 5727.06 OF THE REVISED CODE. 43,183
(2) IN TAX YEAR 2007, THE ASSESSMENT RATE SHALL BE THE 43,185
LESSER OF TWENTY-FOUR PER CENT OR ONE PERCENTAGE POINT LESS THAN 43,186
THE RATE AT WHICH PROPERTY WAS REQUIRED TO BE LISTED AND ASSESSED 43,187
THE PRECEDING YEAR. EACH TAX YEAR THEREAFTER, THE ASSESSMENT 43,188
RATE SHALL BE REDUCED BY ONE PERCENTAGE POINT UNTIL IT EQUALS 43,189
ZERO PER CENT NOT LATER THAN TAX YEAR 2031. DURING AND AFTER THE 43,190
TAX YEAR THAT THE ASSESSMENT RATE EQUALS ZERO, THE PROPERTY 43,191
DESCRIBED IN DIVISION (E) OF THIS SECTION SHALL NOT BE LISTED FOR 43,192
TAXATION.
EACH YEAR UNTIL THE YEAR THE ASSESSMENT RATE EQUALS ZERO, 43,194
THE TAX COMMISSIONER SHALL DETERMINE THE ASSESSMENT RATE REQUIRED 43,195
UNDER THIS DIVISION AND SHALL NOTIFY ALL COUNTY AUDITORS OF THAT 43,196
RATE.
(F) Unless otherwise provided by law, all other personal 43,198
property used in business that has not been legally regarded as 43,199
an improvement on land and considered in arriving at the value of 43,200
the real property assessed for taxation shall be listed and 43,201
assessed at the rate of twenty-five per cent of its true value in 43,203
money.
Sec. 5727.01. As used in this chapter: 43,212
(A) "Public utility" means each person referred to as a 43,214
telephone company, telegraph company, electric company, natural 43,215
984
gas company, pipe-line company, water-works company, water 43,216
transportation company, heating company, rural electric company, 43,217
or railroad company. 43,218
(B) "Gross receipts" means the entire receipts for 43,220
business done by any person from operation as a public utility, 43,221
or incidental thereto, or in connection therewith. The gross 43,222
receipts for business done by an incorporated company engaged in 43,223
operation as a public utility includes the entire receipts for 43,224
business done by such company under the exercise of its corporate 43,225
powers, whether from the operation as a public utility or from 43,226
any other business. 43,227
(C) "Rural electric company" means any nonprofit 43,229
corporation, organization, association, or cooperative engaged in 43,230
the business of supplying electricity to its members or persons 43,231
owning an interest therein in an area the major portion of which 43,232
is rural. 43,233
(D) Any person: 43,235
(1) Is a telegraph company when engaged in the business of 43,237
transmitting telegraphic messages to, from, through, or in this 43,238
state; 43,239
(2) Is a telephone company when primarily engaged in the 43,241
business of providing local exchange telephone service, excluding 43,242
cellular radio service, in this state; 43,243
(3) Is an electric company when engaged in the business of 43,245
generating, transmitting, or distributing electricity within this 43,246
state for use by others; 43,247
(4) Is a natural gas company when engaged in the business 43,249
of supplying natural gas for lighting, power, or heating purposes 43,250
to consumers within this state; 43,251
(5) Is a pipe-line company when engaged in the business of 43,253
transporting natural gas, oil, or coal or its derivatives through 43,254
pipes or tubing, either wholly or partially within this state; 43,255
(6) Is a water-works company when engaged in the business 43,257
of supplying water through pipes or tubing, or in a similar 43,258
985
manner, to consumers within this state; 43,259
(7) Is a water transportation company when engaged in the 43,261
transportation of passengers or property, by boat or other 43,262
watercraft, over any waterway, whether natural or artificial, 43,263
from one point within this state to another point within this 43,264
state, or between points within this state and points without 43,265
this state; 43,266
(8) Is a heating company when engaged in the business of 43,268
supplying water, steam, or air through pipes or tubing to 43,269
consumers within this state for heating purposes; 43,270
(9) Is a railroad company when engaged in the business of 43,272
owning or operating a railroad either wholly or partially within 43,273
this state on rights of way acquired and held exclusively by such 43,274
company, or otherwise, and includes a passenger, street, 43,275
suburban, or interurban railroad company. 43,276
As used in division (D)(2) of this section, "local exchange 43,278
telephone service" means making available or furnishing access 43,279
and a dial tone to all persons within a local calling area for 43,280
use in originating and receiving voice grade communications over 43,281
a switched network operated by the provider of the service within 43,282
the area and for gaining access to other telecommunication 43,283
services. 43,284
(E) "Taxable property" means the property required by 43,286
section 5727.06 of the Revised Code to be assessed by the tax 43,287
commissioner but does not include either of the following: 43,288
(1) An item of tangible personal property that for the 43,290
period subsequent to the effective date of an air, water, or 43,291
noise pollution control certificate and continuing so long as the 43,292
certificate is in force, has been certified as part of the 43,293
pollution control facility with respect to which the certificate 43,294
has been issued; 43,295
(2) An item of tangible personal property that during the 43,297
construction of a plant or facility and until the item is first 43,298
capable of operation, whether actually used in operation or not, 43,299
986
is incorporated in or being held exclusively for incorporation in 43,300
that plant or facility. 43,301
(F) "Taxing district" means a municipal corporation or 43,303
township, or part thereof, in which the aggregate rate of 43,304
taxation is uniform. 43,305
(G) "Telecommunications service" has the same meaning as 43,307
in division (AA) of section 5739.01 of the Revised Code. 43,308
(H) "Interexchange telecommunications company" means a 43,310
person that is engaged in the business of transmitting telephonic 43,311
messages to, from, through, or in this state, but that is not a 43,312
telephone company. 43,313
(I) "Sale and leaseback transaction" means a transaction 43,315
in which a public utility or interexchange telecommunications 43,316
company sells any tangible personal property to a person other 43,317
than a public utility or interexchange telecommunications company 43,318
and within the same calendar year leases that property back from 43,319
the buyer. 43,320
(J) "COMBINED ELECTRIC AND GAS COMPANY" MEANS A PERSON WHO 43,322
PRIMARILY ENGAGES IN THE ACTIVITIES OF AN ELECTRIC COMPANY, BUT 43,323
ALSO ENGAGES IN THE ACTIVITIES OF A NATURAL GAS COMPANY. 43,324
Sec. 5727.111. The taxable property of each public 43,333
utility, except a railroad company, and of each interexchange 43,334
telecommunications company shall be assessed at the following 43,335
percentages of true value: 43,336
(A) Fifty per cent in the case of a rural electric 43,338
company; 43,339
(B) In the case of a telephone or telegraph company, the 43,342
percentage provided under division (E)(F) of section 5711.22 of 43,343
the Revised Code for taxable property first subject to taxation 43,344
in this state for tax year 1995 or thereafter, and eighty-eight 43,345
per cent for all other taxable property;
(C) Eighty-eight per cent in the case of a natural gas or 43,347
pipe-line company; 43,348
(D) Eighty-eight per cent in the case of a water-works or 43,350
987
heating company; 43,351
(E) One hundred per cent in the case of the taxable 43,353
production equipment of an electric company; 43,354
(F) Eighty-eight per cent in the case of all taxable 43,356
personal property of an electric company, other than its 43,357
production equipment; 43,358
(G) The percentage provided under division (E)(F) of 43,361
section 5711.22 of the Revised Code in the case of an 43,362
interexchange telecommunications company; 43,363
(H) Twenty-five per cent in the case of a water 43,365
transportation company. 43,366
Sec. 5727.12. As used in this chapter, "property used in 43,375
railroad operations" means property used in or determined by the 43,376
tax commissioner to be held by a railroad for use in railroad 43,377
operations. In determining the true value of all real and 43,378
personal property owned or leased by each railroad company and 43,379
used in railroad operations, the commissioner shall use the 43,380
unitary method and value all of the property of the company's 43,381
railroad system as a whole, considering the factors generally 43,382
used in that method, and weighing each factor appropriately. The 43,383
true value of the property used in railroad operations shall be 43,384
apportioned to this state as provided in section 5727.14 of the 43,385
Revised Code. The commissioner shall separately determine the 43,386
true value of property owned by the company that the commissioner 43,388
determines is not used in railroad operations. The commissioner 43,389
may require the advice of county auditors concerning such values. 43,391
All property of a railroad shall be assessed for taxation 43,393
at the same percentage of true value at which all other real 43,394
property in this state is assessed, in the case of real property, 43,395
and at the percentage of true value provided under division 43,396
DIVISIONS(E)AND(F) of section 5711.22 of the Revised Code, in the 43,398
case of personal property. 43,399
A determination of the value of each tract, lot, or parcel 43,401
of real property or each item of personal property not used in 43,402
988
railroad operations shall be considered a separate determination 43,403
with respect to which a separate petition for reassessment may be 43,404
filed under section 5727.47 of the Revised Code. 43,405
Where a line of railroad is subsidized under the terms of 43,407
the federal regional rail reorganization act or the federal rail 43,408
revitalization and regulatory reform act, the real and other 43,409
fixed property shall be assessed solely in the name of its owner. 43,410
Sec. 5727.24. FOR THE PURPOSE OF PROVIDING REVENUE TO MEET 43,413
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 43,414
OF A COMBINED ELECTRIC AND GAS COMPANY FROM OPERATING AS A 43,415
NATURAL GAS COMPANY. THE TAX SHALL BE COMPUTED BY MULTIPLYING 43,417
THE GROSS RECEIPTS AS DETERMINED BY THE TAX COMMISSIONER UNDER 43,418
SECTION 5727.33 OF THE REVISED CODE BY FOUR AND THREE-FOURTHS PER 43,420
CENT. A COMBINED ELECTRIC AND GAS COMPANY SHALL BE SUBJECT TO 43,421
THIS TAX ON ANY GROSS RECEIPTS DERIVED FROM OPERATING AS A
NATURAL GAS COMPANY, AND SHALL BE SUBJECT TO THE TAX IMPOSED BY 43,422
SECTION 5727.30 OF THE REVISED CODE FOR ALL OTHER GROSS RECEIPTS, 43,423
EXCLUDING THE GROSS RECEIPTS SUBJECT TO THE TAX IMPOSED BY THIS 43,424
SECTION.
Sec. 5727.25. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 43,427
THIS SECTION, WITHIN FORTY-FIVE DAYS AFTER THE LAST DAY OF MARCH, 43,429
JUNE, SEPTEMBER, AND DECEMBER, EACH NATURAL GAS COMPANY OR 43,431
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE EXCISE TAX 43,433
IMPOSED BY SECTION 5727.24 OF THE REVISED CODE SHALL FILE A 43,434
RETURN WITH THE TREASURER OF STATE, IN SUCH FORM AS THE TAX 43,435
COMMISSIONER PRESCRIBES, AND PAY THE FULL AMOUNT OF THE TAX DUE 43,436
FOR THE PRECEDING CALENDAR QUARTER, EXCEPT THAT THE FIRST PAYMENT 43,437
OF THIS TAX SHALL BE MADE ON OR BEFORE NOVEMBER 15, 2000, FOR THE 43,438
FIVE-MONTH PERIOD OF MAY 1, 2000, TO SEPTEMBER 30, 2000. 43,439
THEREAFTER, PAYMENTS SHALL BE MADE QUARTERLY IN ACCORDANCE WITH 43,440
THIS DIVISION. ALL PAYMENTS MADE UNDER THIS DIVISION SHALL BE 43,441
MADE BY ELECTRONIC FUNDS TRANSFER IN ACCORDANCE WITH SECTION 43,442
5727.311 OF THE REVISED CODE. 43,443
989
(B) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 43,445
COMPANY SUBJECT TO THE EXCISE TAX IMPOSED BY THIS SECTION THAT 43,447
HAS AN ANNUAL TAX LIABILITY FOR THE YEAR ENDING ON THE 43,448
THIRTY-FIRST DAY OF DECEMBER OF LESS THAN THREE HUNDRED 43,450
TWENTY-FIVE THOUSAND DOLLARS SHALL FILE AN ANNUAL RETURN WITH THE 43,451
TREASURER OF STATE, IN SUCH FORM AS THE TAX COMMISSIONER
PRESCRIBES, FOR THE NEXT YEAR AND REMIT THE TAXES DUE FOR THAT 43,452
YEAR WITHIN FORTY-FIVE DAYS AFTER THE THIRTY-FIRST DAY OF 43,453
DECEMBER. THE FIRST PAYMENT OF THE TAX UNDER THIS DIVISION SHALL 43,455
BE MADE ON OR BEFORE FEBRUARY 14, 2001, FOR THE YEAR ENDING 43,456
DECEMBER 31, 2000. THE MINIMUM TAX FOR A NATURAL GAS COMPANY OR 43,457
COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THIS DIVISION SHALL 43,458
BE TEN DOLLARS, AND THE COMPANY SHALL NOT BE REQUIRED TO REMIT 43,459
THE TAX DUE BY ELECTRONIC FUNDS TRANSFER. 43,461
(C) A RETURN REQUIRED TO BE FILED UNDER DIVISION (A) OR 43,464
(B) OF THIS SECTION SHALL SHOW THE AMOUNT OF TAX DUE FROM THE 43,465
COMPANY FOR THE PERIOD COVERED BY THE RETURN AND ANY OTHER 43,466
INFORMATION AS PRESCRIBED BY THE TAX COMMISSIONER. A RETURN 43,467
SHALL BE CONSIDERED FILED WHEN RECEIVED BY THE TREASURER OF 43,468
STATE. THE COMMISSIONER MAY EXTEND THE TIME FOR MAKING AND 43,469
FILING RETURNS AND PAYING THE TAX. 43,470
(D) ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 43,472
COMPANY THAT FAILS TO FILE A RETURN OR PAY THE FULL AMOUNT OF THE 43,473
TAX DUE WITHIN THE PERIOD PRESCRIBED UNDER THIS SECTION SHALL PAY 43,474
AN ADDITIONAL CHARGE OF FIFTY DOLLARS OR TEN PER CENT OF THE TAX 43,475
REQUIRED TO BE PAID FOR THE REPORTING PERIOD, WHICHEVER IS 43,476
GREATER. IF ANY TAX DUE IS NOT PAID TIMELY IN ACCORDANCE WITH 43,477
THIS SECTION, THE COMPANY LIABLE FOR THE TAX SHALL PAY INTEREST, 43,478
CALCULATED AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF 43,479
THE REVISED CODE, FROM THE DATE THE TAX PAYMENT WAS DUE TO THE 43,480
DATE OF PAYMENT OR TO THE DATE AN ASSESSMENT WAS ISSUED, 43,481
WHICHEVER OCCURS FIRST. THE TAX COMMISSIONER MAY COLLECT ANY 43,482
ADDITIONAL CHARGE OR INTEREST IMPOSED BY THIS SECTION BY 43,483
ASSESSMENT IN THE MANNER PROVIDED IN SECTION 5727.26 OF THE 43,484
990
REVISED CODE. THE COMMISSIONER MAY ABATE ALL OR A PORTION OF THE 43,485
ADDITIONAL CHARGE AND MAY ADOPT RULES GOVERNING SUCH ABATEMENTS. 43,486
(E) THE TAXES, ADDITIONAL CHARGES, PENALTIES, AND INTEREST 43,488
COLLECTED UNDER SECTIONS 5727.24 TO 5727.29 SHALL BE CREDITED IN 43,489
ACCORDANCE WITH SECTION 5727.45 OF THE REVISED CODE. 43,490
Sec. 5727.26. (A) THE TAX COMMISSIONER MAY MAKE AN 43,493
ASSESSMENT, BASED ON ANY INFORMATION IN THE COMMISSIONER'S 43,494
POSSESSION, AGAINST ANY NATURAL GAS COMPANY OR COMBINED ELECTRIC 43,496
AND GAS COMPANY THAT FAILS TO FILE A RETURN OR PAY ANY TAX,
INTEREST, OR ADDITIONAL CHARGE AS REQUIRED BY SECTIONS 5727.24 TO 43,498
5727.29 OF THE REVISED CODE. THE COMMISSIONER SHALL GIVE THE 43,500
COMPANY ASSESSED WRITTEN NOTICE OF THE ASSESSMENT BY PERSONAL 43,501
SERVICE OR CERTIFIED MAIL. A PENALTY OF UP TO FIFTEEN PER CENT 43,502
MAY BE ADDED TO ALL AMOUNTS ASSESSED UNDER THIS SECTION. THE TAX 43,503
COMMISSIONER MAY ADOPT RULES PROVIDING FOR THE REMISSION OF THE 43,504
PENALTY.
(B) IF A PARTY TO WHOM THE NOTICE OF ASSESSMENT IS 43,506
DIRECTED OBJECTS TO THE ASSESSMENT, THE PARTY MAY FILE A PETITION 43,507
FOR REASSESSMENT WITH THE TAX COMMISSIONER. THE PETITION MUST BE 43,508
MADE IN WRITING, SIGNED BY THE PARTY OR THE PARTY'S AUTHORIZED 43,509
AGENT HAVING KNOWLEDGE OF THE FACTS, AND FILED WITH THE 43,510
COMMISSIONER, EITHER PERSONALLY OR BY CERTIFIED MAIL, WITHIN 43,511
THIRTY DAYS AFTER SERVICE OF THE NOTICE OF ASSESSMENT. THE 43,512
PETITION SHALL INDICATE THE OBJECTIONS OF THE COMPANY ASSESSED, 43,513
BUT ADDITIONAL OBJECTIONS MAY BE RAISED IN WRITING IF RECEIVED 43,514
PRIOR TO THE DATE SHOWN ON THE FINAL DETERMINATION OF THE 43,515
COMMISSIONER. UPON RECEIPT OF A PROPERLY FILED PETITION, THE 43,516
COMMISSIONER SHALL NOTIFY THE TREASURER OF STATE. 43,517
UNLESS THE PETITIONER WAIVES A HEARING, THE COMMISSIONER 43,519
SHALL GRANT THE PETITIONER A HEARING ON THE PETITION, ASSIGN A 43,520
TIME AND PLACE FOR THE HEARING, AND NOTIFY THE PETITIONER OF THE 43,521
TIME AND PLACE OF THE HEARING, BY PERSONAL SERVICE OR CERTIFIED 43,522
MAIL. THE COMMISSIONER MAY CONTINUE THE HEARING FROM TIME TO 43,523
TIME, IF NECESSARY.
991
IF THE PARTY TO WHOM THE NOTICE OF ASSESSMENT IS DIRECTED 43,525
DOES NOT FILE A PETITION FOR REASSESSMENT, THE ASSESSMENT IS 43,526
FINAL AND THE AMOUNT OF THE ASSESSMENT IS DUE AND PAYABLE FROM 43,527
THE COMPANY ASSESSED TO THE TREASURER OF STATE. 43,528
(C) THE TAX COMMISSIONER MAY MAKE ANY CORRECTION TO THE 43,530
ASSESSMENT THAT THE COMMISSIONER FINDS PROPER AND SHALL ISSUE A 43,531
FINAL DETERMINATION THEREON. THE COMMISSIONER SHALL SERVE A COPY 43,532
OF THE FINAL DETERMINATION ON THE PETITIONER EITHER BY PERSONAL 43,533
SERVICE OR CERTIFIED MAIL, AND THE COMMISSIONER'S DECISION IN THE 43,534
MATTER IS FINAL, SUBJECT TO APPEAL UNDER SECTION 5717.02 OF THE 43,536
REVISED CODE. THE COMMISSIONER ALSO SHALL TRANSMIT A COPY OF THE 43,537
FINAL DETERMINATION TO THE TREASURER OF STATE. ONLY OBJECTIONS 43,538
DECIDED ON THE MERITS BY THE BOARD OF TAX APPEALS OR A COURT 43,539
SHALL BE GIVEN COLLATERAL ESTOPPEL OR RES JUDICATA EFFECT IN 43,541
CONSIDERING AN APPLICATION FOR REFUND OF AN AMOUNT PAID PURSUANT 43,542
TO THE ASSESSMENT.
(D) AFTER AN ASSESSMENT BECOMES FINAL, IF ANY PORTION OF 43,544
THE ASSESSMENT, INCLUDING ACCRUED INTEREST, REMAINS UNPAID, A 43,545
CERTIFIED COPY OF THE TAX COMMISSIONER'S ENTRY MAKING THE 43,546
ASSESSMENT FINAL MAY BE FILED IN THE OFFICE OF THE CLERK OF THE 43,547
COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE NATURAL GAS 43,548
COMPANY'S OR COMBINED ELECTRIC AND GAS COMPANY'S PRINCIPAL PLACE 43,549
OF BUSINESS IS LOCATED, OR IN THE OFFICE OF THE CLERK OF COURT OF 43,550
COMMON PLEAS OF FRANKLIN COUNTY. 43,551
THE CLERK, IMMEDIATELY ON THE FILING OF THE ENTRY, MUST 43,553
ENTER JUDGMENT FOR THE STATE AGAINST THE COMPANY ASSESSED IN THE 43,554
AMOUNT SHOWN ON THE ENTRY. THE JUDGMENT MAY BE FILED BY THE 43,555
CLERK IN A LOOSE-LEAF BOOK ENTITLED, "SPECIAL JUDGMENTS FOR THE 43,556
PUBLIC UTILITY EXCISE TAX ON NATURAL GAS AND COMBINED ELECTRIC 43,557
AND GAS COMPANIES," AND SHALL HAVE THE SAME EFFECT AS OTHER 43,558
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT AT THE 43,559
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 43,560
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT. 43,561
THE PORTION OF THE ASSESSMENT NOT PAID WITHIN THIRTY DAYS 43,563
992
AFTER THE DAY THE ASSESSMENT WAS ISSUED SHALL BEAR INTEREST AT 43,564
THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED 43,565
CODE FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT 43,567
UNTIL IT IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS 43,568
THE TAX AND MAY BE COLLECTED BY THE ISSUANCE OF AN ASSESSMENT 43,570
UNDER THIS SECTION.
(E) IF THE TAX COMMISSIONER BELIEVES THAT COLLECTION OF 43,572
THE TAX WILL BE JEOPARDIZED UNLESS PROCEEDINGS TO COLLECT OR 43,573
SECURE COLLECTION OF THE TAX ARE INSTITUTED WITHOUT DELAY, THE 43,574
COMMISSIONER MAY ISSUE A JEOPARDY ASSESSMENT AGAINST THE PERSON 43,575
LIABLE FOR THE TAX. ON ISSUANCE OF THE JEOPARDY ASSESSMENT, THE 43,576
COMMISSIONER IMMEDIATELY SHALL FILE AN ENTRY WITH THE CLERK OF 43,577
THE COURT OF COMMON PLEAS IN THE MANNER PRESCRIBED BY DIVISION 43,578
(D) OF THIS SECTION. NOTICE OF THE JEOPARDY ASSESSMENT SHALL BE 43,579
SERVED ON THE PARTY ASSESSED OR THE PARTY'S LEGAL REPRESENTATIVE 43,580
WITHIN FIVE DAYS OF THE FILING OF THE ENTRY WITH THE CLERK. THE
TOTAL AMOUNT ASSESSED IS IMMEDIATELY DUE AND PAYABLE, UNLESS THE 43,581
PERSON ASSESSED FILES A PETITION FOR REASSESSMENT IN ACCORDANCE 43,582
WITH DIVISION (B) OF THIS SECTION AND PROVIDES SECURITY IN A FORM 43,583
SATISFACTORY TO THE COMMISSIONER AND IN AN AMOUNT SUFFICIENT TO 43,584
SATISFY THE UNPAID BALANCE OF THE ASSESSMENT. FULL OR PARTIAL 43,585
PAYMENT OF THE ASSESSMENT DOES NOT PREJUDICE THE COMMISSIONER'S
CONSIDERATION OF THE PETITION FOR REASSESSMENT. 43,586
(F) ALL INTEREST COLLECTED BY THE TAX COMMISSIONER UNDER 43,588
THIS SECTION SHALL BE PAID TO THE TREASURER OF STATE, AND WHEN 43,589
PAID SHALL BE CONSIDERED REVENUE ARISING FROM THE TAX IMPOSED BY 43,590
SECTION 5727.24 OF THE REVISED CODE. 43,591
(G) NO ASSESSMENT SHALL BE MADE OR ISSUED AGAINST A 43,593
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY FOR THE 43,594
TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE MORE THAN FOUR 43,595
YEARS AFTER THE RETURN DATE FOR THE PERIOD IN WHICH THE TAX WAS 43,596
REPORTED, OR MORE THAN FOUR YEARS AFTER THE RETURN FOR THE PERIOD 43,597
WAS FILED, WHICHEVER IS LATER. 43,598
Sec. 5727.27. EVERY NATURAL GAS COMPANY OR COMBINED 43,601
993
ELECTRIC AND GAS COMPANY LIABLE FOR THE TAX IMPOSED BY SECTION 43,602
5727.24 OF THE REVISED CODE SHALL KEEP COMPLETE AND ACCURATE 43,604
RECORDS AS PRESCRIBED BY THE TAX COMMISSIONER. THE RECORDS SHALL 43,605
BE PRESERVED FOR FOUR YEARS AFTER THE RETURN FOR THE TAX TO WHICH 43,607
THE RECORDS PERTAIN IS DUE OR FILED, WHICHEVER IS LATER. THE 43,608
NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY SHALL
MAKE THE RECORDS AVAILABLE FOR INSPECTION BY THE COMMISSIONER OR 43,609
THE COMMISSIONER'S AGENT, ON THE REQUEST OF THE COMMISSIONER OR 43,610
AGENT. 43,611
Sec. 5727.28. (A) THE TREASURER OF STATE SHALL REFUND TO 43,614
A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS COMPANY 43,615
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 43,617
CODE, THE AMOUNT OF TAX PAID ILLEGALLY OR ERRONEOUSLY, OR PAID ON 43,618
AN ILLEGAL OR ERRONEOUS ASSESSMENT. APPLICATIONS FOR A REFUND 43,619
SHALL BE FILED WITH THE TAX COMMISSIONER, ON A FORM PRESCRIBED BY 43,620
THE COMMISSIONER, WITHIN FOUR YEARS OF THE ILLEGAL OR ERRONEOUS 43,621
PAYMENT OF THE TAX. 43,622
ON THE FILING OF THE APPLICATION FOR A REFUND, THE 43,624
COMMISSIONER SHALL DETERMINE THE AMOUNT OF REFUND DUE AND CERTIFY 43,625
THAT AMOUNT TO THE DIRECTOR OF BUDGET AND MANAGEMENT AND 43,626
TREASURER OF STATE FOR PAYMENT FROM THE TAX REFUND FUND UNDER 43,627
SECTION 5703.052 OF THE REVISED CODE. IF THE APPLICATION FOR 43,628
REFUND IS FOR TAXES PAID ON AN ILLEGAL OR ERRONEOUS ASSESSMENT, 43,629
THE TAX COMMISSIONER SHALL INCLUDE IN THE CERTIFIED AMOUNT 43,630
INTEREST CALCULATED AT THE RATE PER ANNUM PRESCRIBED UNDER 43,631
SECTION 5703.47 OF THE REVISED CODE FROM THE DATE OF OVERPAYMENT 43,632
TO THE DATE OF THE COMMISSIONER'S CERTIFICATION. 43,633
(B) IF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 43,635
COMPANY ENTITLED TO A REFUND OF TAXES UNDER THIS SECTION IS 43,636
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 43,637
INTEREST ARISING FROM SUCH A TAX OR FEE, THE AMOUNT REFUNDABLE 43,638
MAY BE APPLIED IN SATISFACTION OF THAT DEBT. IF THE AMOUNT 43,639
REFUNDABLE IS LESS THAN THE AMOUNT OF THE DEBT, IT MAY BE APPLIED 43,640
994
IN PARTIAL SATISFACTION OF THE DEBT. IF THE AMOUNT REFUNDABLE IS 43,641
GREATER THAN THE AMOUNT OF THE DEBT, THE AMOUNT REMAINING AFTER 43,642
SATISFACTION OF THE DEBT SHALL BE REFUNDED. 43,643
(C) IN LIEU OF GRANTING A REFUND UNDER DIVISION (A) OR (B) 43,646
OF THIS SECTION, THE TAX COMMISSIONER MAY ALLOW A NATURAL GAS 43,647
COMPANY OR COMBINED ELECTRIC AND GAS COMPANY TO CLAIM A CREDIT OF 43,648
THE AMOUNT OF THE TAX REFUND ON THE RETURN FOR THE PERIOD DURING 43,649
WHICH THE TAX BECAME REFUNDABLE. THE COMMISSIONER MAY REQUIRE 43,650
THE COMPANY TO SUBMIT INFORMATION TO SUPPORT A CLAIM FOR A CREDIT 43,651
UNDER THIS DIVISION, AND THE COMMISSIONER MAY DISALLOW THE CREDIT 43,652
IF THE INFORMATION IS NOT PROVIDED. 43,653
Sec. 5727.29. (A) NATURAL GAS COMPANIES AND COMBINED 43,656
ELECTRIC AND GAS COMPANIES SHALL BE ENTITLED TO A REFUNDABLE 43,657
CREDIT EQUAL TO THE FOLLOWING: 43,658
(1) FOR NATURAL GAS COMPANIES, THE SUM OF THE THREE 43,660
PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS MADE PURSUANT TO 43,661
SECTION 5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 43,662
1999, AND ON OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000; 43,664
(2) FOR COMBINED ELECTRIC AND GAS COMPANIES, THE SUM OF 43,666
THE THREE PAYMENTS OF THE EXCISE TAX ON GROSS RECEIPTS DERIVED 43,667
FROM OPERATING AS A NATURAL GAS COMPANY MADE PURSUANT TO SECTION 43,668
5727.31 OF THE REVISED CODE ON OR BEFORE OCTOBER 15, 1999, AND ON 43,671
OR BEFORE THE FIRST DAY OF MARCH AND JUNE 2000. TO CALCULATE THE 43,673
CREDIT ALLOWED UNDER DIVISION (A)(2) OF THIS SECTION, EACH 43,674
COMBINED ELECTRIC AND GAS COMPANY SHALL FILE A SEPARATE REPORT AS 43,675
PRESCRIBED BY THE TAX COMMISSIONER SEGREGATING GROSS RECEIPTS 43,676
FROM OPERATING AS AN ELECTRIC COMPANY AND GROSS RECEIPTS FROM 43,677
OPERATING AS A NATURAL GAS COMPANY, FOR THE PERIOD ENDING APRIL 43,678
30, 2000.
(B) NATURAL GAS COMPANIES AND COMBINED ELECTRIC AND GAS 43,680
COMPANIES SHALL CLAIM ONE-SIXTIETH OF THE CREDIT CALCULATED UNDER 43,681
DIVISION (A) OF THIS SECTION ON EACH RETURN FILED UNDER DIVISION 43,683
(A) OF SECTION 5727.25 OF THE REVISED CODE UNTIL THE FULL AMOUNT 43,685
OF THE CREDIT IS CLAIMED. THE CREDIT FIRST MAY BE CLAIMED ON THE
995
RETURN FILED ON OR BEFORE NOVEMBER 15, 2001, PURSUANT TO DIVISION 43,687
(A) OF SECTION 5727.25 OF THE REVISED CODE. IF THE CREDIT 43,689
ALLOWED UNDER THIS SECTION EXCEEDS THE TOTAL TAXES DUE FOR ANY
QUARTER, THE TAX COMMISSIONER SHALL REFUND OR CREDIT THE EXCESS 43,690
IN ACCORDANCE WITH SECTION 5727.28 OF THE REVISED CODE. 43,692
(C) IF THE EXCISE TAX IMPOSED BY SECTION 5727.24 OF THE 43,695
REVISED CODE IS REPEALED OR AMENDED, NATURAL GAS COMPANIES AND 43,696
COMBINED ELECTRIC AND GAS COMPANIES AND THEIR SUCCESSORS AND 43,697
ASSIGNS SHALL BE ALLOWED TO APPLY THE CREDIT ALLOWED UNDER THIS 43,699
SECTION TO ANY OTHER TAX, ADDITIONAL CHARGE, PENALTY, INTEREST, 43,700
OR FEE ADMINISTERED BY THE TAX COMMISSIONER. UNDER NO 43,701
CIRCUMSTANCES SHALL PAYMENT OF THE REFUNDABLE CREDIT GRANTED BY 43,702
THIS SECTION BE ACCELERATED.
Sec. 5727.30. Each public utility, except railroad 43,712
companies AND NATURAL GAS COMPANIES, shall be subject to an 43,715
annual excise tax, as provided by sections 5727.31 to 5727.62 of
the Revised Code, for the privilege of owning property in this 43,716
state or doing business in this state during the twelve-month 43,717
period next succeeding the period upon which the tax is based. 43,718
The tax shall be imposed against each such public utility which 43,720
THAT, on the first day of such twelve-month period, owns property 43,723
in this state or is doing business in this state, and the lien
for the tax, including any penalties and interest accruing 43,725
thereon, shall attach on such day to the property of the public 43,726
utility in this state.
Sec. 5727.31. (A) Each public utility, except railroad 43,736
companies, doing business or owning property in this state shall 43,737
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED 43,738
CODE, annually, on or before the first day of August, SHALL file 43,739
with the tax commissioner a statement in such form as the 43,740
commissioner prescribes. 43,741
(B)(1) Annually, on or before the fifteenth day of October 43,743
of the current year, each public utility subject to the excise 43,744
taxes levied by this chapter whose estimated excise taxes for the 43,745
996
current year as based upon the statement required to be filed in 43,746
that year by division (A) of this section are, in the case of a 43,747
public utility other than a natural gas company, one thousand 43,748
dollars or more, or are, in the case of a natural gas company, 43,749
three hundred twenty-five thousand dollars or more, shall file 43,750
with the treasurer of state a report, in such form as the tax 43,751
commissioner prescribes, showing the amount of excise tax 43,752
estimated to be charged or levied pursuant to law for the current 43,753
year upon the basis of such annual statement, and shall remit a 43,754
portion of the estimated excise taxes shown to be due by the 43,755
report. The portion of the estimated excise taxes due at the 43,756
time the report is filed shall be one-third of its total excise 43,757
taxes estimated to be charged or levied for the current year 43,758
based upon the annual statement filed under division (A) of this 43,759
section. 43,760
(2) Annually, on or before the first day of March and 43,762
June, each public utility subject to the excise taxes levied by 43,763
this chapter whose excise taxes as based upon its last preceding 43,764
annual statement filed under division (A) of this section prior 43,765
to the first day of January were, in the case of a public utility 43,766
other than a natural gas company, one thousand dollars or more, 43,767
or were, in the case of a natural gas company, three hundred 43,768
twenty-five thousand dollars or more, shall file with the 43,769
treasurer of state a report, in such form as the tax commissioner 43,770
prescribes, showing the amount of excise tax charged or levied 43,771
pursuant to law upon the basis of such annual statement, and 43,772
shall remit a portion of the excise taxes shown to be due by each 43,773
such report. The portion of the excise taxes due at the time 43,774
each such report is filed shall be one-third of its total excise 43,775
taxes so charged or levied based upon such annual statement. 43,776
(C) Any public utility subject to the excise taxes imposed 43,778
by this chapter SECTION 5727.30 OF THE REVISED CODE whose tax as 43,779
certified under section 5727.38 of the Revised Code in a year 43,781
equals or exceeds the amount specified for that year in section 43,782
997
5727.311 of the Revised Code shall make the payments required 43,783
under this section in the second ensuing and each succeeding year 43,784
in the manner prescribed by section 5727.311 of the Revised Code, 43,785
except as otherwise prescribed by that section. 43,786
(D)(1) For purposes of this section, a report required to 43,788
be filed under division (B) of this section is considered filed 43,789
when it is received by the treasurer of state. 43,790
(2) For purposes of this section and sections 5727.311 and 43,792
5727.42 of the Revised Code, remittance of an excise tax required 43,793
to be made under this section is considered to be made when the 43,794
remittance is received by the treasurer of state, or when 43,795
credited to an account designated by the treasurer of state for 43,796
the receipt of tax remittances. 43,797
Sec. 5727.311. (A) Any public utility subject to an 43,807
excise tax imposed by this chapter SECTION 5727.30 OF THE REVISED 43,808
CODE whose tax as certified by the tax commissioner under section 43,810
5727.38 of the Revised Code in the year indicated in the 43,811
following schedule equals or exceeds the amount indicated for 43,812
that year in the schedule FIFTY THOUSAND DOLLARS shall make each 43,814
payment required under division (B) of section 5727.31 of the 43,815
Revised Code for the second ensuing and each succeeding year by 43,816
electronic funds transfer as prescribed by division (B) of this 43,817
section. Year for which 43,818
tax was certified 1992 1993 and 43,819
thereafter
Amount of tax $100,000 $50,000 43,820
certified
If the tax certified by the tax commissioner in each of two 43,822
consecutive years beginning with 1993 is less than fifty thousand 43,823
dollars, the public utility is relieved of the requirement to 43,824
remit taxes by electronic funds transfer for the year that next 43,825
follows the second of the consecutive years in which the tax 43,826
certified is less than fifty thousand dollars, and is relieved of 43,827
998
that requirement for each succeeding year unless the tax 43,828
certified in a subsequent year equals or exceeds fifty thousand 43,829
dollars. The 43,830
(B) THE tax commissioner shall notify each public utility 43,832
required BY THIS SECTION OR SECTION 5727.25 OF THE REVISED CODE 43,833
to remit taxes by electronic funds transfer of the public 43,835
utility's obligation to do so, shall maintain an updated list of 43,836
those public utilities, and shall timely certify the list and any 43,837
additions thereto or deletions therefrom to the treasurer of 43,838
state. Failure by the tax commissioner to notify a public
utility subject to this section to remit taxes by electronic 43,839
funds transfer does not relieve the public utility of its 43,840
obligation to remit taxes by electronic funds transfer. 43,841
(B)(C) Public utilities required by this section OR 43,843
SECTION 5727.25 OF THE REVISED CODE to remit periodic payments by 43,845
electronic funds transfer shall remit such payments to the 43,846
treasurer of state in the manner prescribed by rules adopted by 43,847
the treasurer under section 113.061 of the Revised Code. The 43,848
payment of public utility excise taxes by electronic funds 43,849
transfer does not affect a public utility's obligation to file 43,850
the annual statement and periodic reports in the manner and at 43,851
the times prescribed by section 5727.31 of the Revised Code. 43,852
A public utility required by this section to remit taxes by 43,854
electronic funds transfer may apply to the treasurer of state in 43,855
the manner prescribed by the treasurer OF STATE to be excused 43,856
from that requirement. The treasurer of state may excuse the 43,857
public utility from remittance by electronic funds transfer for 43,858
good cause shown for the period of time requested by the public 43,859
utility or for a portion of that period. The treasurer OF STATE 43,860
shall notify the tax commissioner and the public utility of the 43,861
treasurer's TREASURER OF STATE'S decision as soon as is 43,862
practicable. 43,863
(C)(D) If a public utility required by this section OR 43,865
SECTION 5727.25 OF THE REVISED CODE to remit taxes by electronic 43,867
999
funds transfer remits those taxes by some means other than by 43,868
electronic funds transfer as prescribed by this section and the 43,869
rules adopted by the treasurer of state, and the treasurer OF 43,870
STATE determines that the failure to remit taxes as required was 43,871
not due to reasonable cause or was due to willful neglect, the 43,872
treasurer OF STATE may impose an additional charge on the public 43,873
utility equal to five per cent of the amount of the taxes
required to be paid by electronic funds transfer, but not to 43,874
exceed five thousand dollars. Any additional charge imposed 43,875
under this section is in addition to any other penalty or charge 43,876
imposed under this chapter, and shall be considered as revenue 43,877
arising from excise taxes imposed by this chapter. 43,878
No additional charge shall be assessed under this division 43,880
against a public utility that has been notified of its obligation 43,881
to remit taxes under this section and that remits its first two 43,882
tax payments after such notification by some means other than 43,883
electronic funds transfer. The additional charge may be assessed 43,884
upon the remittance of any subsequent tax payment that the public 43,885
utility remits by some means other than electronic funds 43,886
transfer. 43,887
Sec. 5727.32. The statement required by section 5727.31 of 43,897
the Revised Code for the purpose of the public utility excise tax 43,898
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE shall contain: 43,900
(A) The name of the company; 43,902
(B) The nature of the company, whether a person, 43,904
association, or corporation, and under the laws of what state or 43,905
country organized; 43,906
(C) The location of its principal office; 43,908
(D) The name and post-office address of the president, 43,910
secretary, auditor, treasurer, and superintendent or general 43,911
manager; 43,912
(E) The name and post-office address of the chief officer 43,914
or managing agent of the company in this state; 43,915
(F) The amount of the excise taxes paid or to be paid with 43,917
1000
the reports made during the current calendar year as provided by 43,918
section 5727.31 of the Revised Code; 43,919
(G) In the case of telegraph and telephone companies: 43,921
(1) The gross receipts from all sources, whether messages, 43,923
telephone tolls, rentals, or otherwise, for business done within 43,924
this state, including all sums earned or charged, whether 43,925
actually received or not, for the year ending on the thirtieth 43,926
day of June, and the company's proportion of gross receipts for 43,927
business done by it within this state in connection with other 43,928
companies, firms, corporations, persons, or associations, but 43,929
excluding all of the following: 43,930
(a) All of the receipts derived wholly from interstate 43,932
business or business done for or with the federal government; 43,933
(b) The receipts of amounts billed on behalf of other 43,935
entities; 43,936
(c) The receipts from sales to other telephone companies 43,938
for resale; 43,939
(d) For the year ending June 30, 1990, and each subsequent 43,941
year, THE receipts from sales to providers of telecommunications 43,942
service for resale, receipts from incoming or outgoing wide area 43,943
transmission service or wide area transmission type service, 43,944
including eight hundred or eight-hundred-type service, and 43,945
receipts from private communications service. 43,946
As used in this division, "receipts from sales to other 43,948
telephone companies for resale" and "receipts from sales to 43,949
providers of telecommunications service for resale" include, but 43,950
are not limited to, receipts of carrier access charges. "Carrier 43,951
access charges" means compensation paid to the taxpayer telephone 43,952
company by another telephone company or by a provider of 43,953
telecommunications service for the use of the taxpayer's 43,954
facilities to originate or terminate telephone calls or 43,955
telecommunications service. 43,956
(2) The total gross receipts for such period from business 43,958
done within this state. 43,959
1001
(H) In the case of all public utilities, except NATURAL 43,961
GAS COMPANIES AND telegraph and telephone companies: 43,963
(1) The gross receipts of the company, actually received, 43,965
from all sources for business done within this state for the year 43,966
next preceding the first day of May, including the company's 43,967
proportion of gross receipts for business done by it within this 43,968
state in connection with other companies, firms, corporations, 43,969
persons, or associations, but excluding all of the following: 43,970
(a) Receipts from interstate business or business done for 43,972
the federal government; 43,973
(b) Receipts from sales to other public utilities for 43,975
resale, provided such other public utility is required to file a 43,976
statement pursuant to section 5727.31 of the Revised Code; 43,977
(c) For the year ending April 30, 1990, and each 43,979
subsequent year, receipts RECEIPTS from the transmission or 43,980
delivery of electricity to or for a rural electric company, 43,982
provided that the electricity that has been so transmitted or 43,983
delivered is for resale by the rural electric company; 43,984
(d) Receipts of an electric company, derived from the 43,986
provision of electricity and other services to a qualified former 43,987
owner of the production facilities which THAT generated the 43,988
electricity from which those receipts were derived. As used in 43,989
this division, a "qualified former owner" means a person who 43,990
meets both of the following conditions: 43,991
(i) On or before October 11, 1991, the person had sold to 43,993
an electric company part of the production facility at which the 43,994
electricity is generated, and, for at least twenty years prior to 43,995
that sale, the facility was used to generate electricity, but it 43,996
was not owned in whole or in part during that period by an 43,997
electric company. 43,998
(ii) At the time the electric company provided the 44,000
electricity or other services for which the exclusion is claimed, 44,001
the person, or a successor or assign of the person, owned not 44,002
less than a twenty per cent ownership of the production facility 44,003
1002
and the rights to not less than twenty per cent of the production 44,004
of that facility; and the person, or a successor or assign of the 44,005
person, engaged primarily in a business other than providing 44,006
electricity to others. 44,007
(e) Receipts of a natural COMBINED ELECTRIC AND gas 44,009
company of amounts billed on behalf of other entities. 44,011
Transportation and billing and collection fees charged to other 44,012
entities shall be included in the gross receipts of DERIVED FROM
OPERATING AS a natural gas company IF THE RECEIPTS ARE SUBJECT TO 44,013
THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE. 44,014
(2) The total gross receipts of such company for such 44,016
period in this state from business done within the state. 44,017
The reports required by section 5727.31 of the Revised Code 44,019
shall contain: 44,020
(a) The name and principal mailing address of the company; 44,022
(b) The total amount of the gross receipts excise taxes 44,024
charged or levied as based upon its last preceding annual 44,025
statement filed prior to the first day of January of the year in 44,026
which such report is filed; 44,027
(c) The amount of the excise taxes due with the report as 44,029
provided by section 5727.31 of the Revised Code. 44,030
Sec. 5727.33. (A) For the purpose of computing the public 44,040
utility excise tax IMPOSED BY SECTION 5727.24 OR 5727.30 OF THE 44,041
REVISED CODE, the tax commissioner shall ascertain and determine 44,043
the entire gross receipts actually received from all sources, 44,044
excluding the receipts described in divisions (B), (C), (D), and 44,045
(E), AND (F) of this section, of each electric, rural electric, 44,046
natural COMBINED ELECTRIC AND gas, pipe-line, water-works, 44,047
heating, and water transportation company for business done 44,049
within this state for the year ending on the thirtieth day of 44,050
April, OF EACH NATURAL GAS COMPANY FOR BUSINESS DONE WITHIN THIS 44,051
STATE QUARTERLY OR YEARLY AS PROVIDED IN SECTION 5727.25 OF THE 44,052
REVISED CODE, and of each telegraph and telephone company for 44,053
business done within this state for the year ending on the 44,054
1003
thirtieth day of June.
(B) In ascertaining and determining the gross receipts of 44,056
each of the companies named in this section, the commissioner 44,057
shall exclude all of the following: 44,058
(1) All receipts derived wholly from interstate business; 44,060
(2) All receipts derived wholly from business done for or 44,062
with the federal government; 44,063
(3) For the year ending April 30, 1990, and each 44,065
subsequent year, all ALL receipts derived wholly from the 44,066
transmission or delivery of electricity to or for a rural 44,067
electric company, provided that the electricity that has been so 44,068
transmitted or delivered is for resale by the rural electric 44,069
company; 44,070
(4) All receipts from the sale of merchandise; 44,072
(5) All receipts from sales to other public utilities, 44,074
except railroad, telegraph, and telephone companies, for resale, 44,075
provided the other public utility is required to file a statement 44,076
pursuant to section 5727.31 of the Revised Code. 44,077
(C) In ascertaining and determining the gross receipts of 44,079
a telephone company, the commissioner shall exclude all of the 44,081
following: 44,082
(1) For the year ending June 30, 1988, and each subsequent 44,084
year, receipts RECEIPTS of amounts billed on behalf of other 44,085
entities; 44,086
(2) For the year ending June 30, 1988, and each subsequent 44,088
year, receipts RECEIPTS from sales to other telephone companies 44,089
for resale, as defined in division (G) of section 5727.32 of the 44,090
Revised Code; 44,091
(3) For the year ending June 30, 1990, and each subsequent 44,093
year, receipts RECEIPTS from incoming or outgoing wide area 44,094
transmission service or wide area transmission type service, 44,096
including eight hundred or eight-hundred-type service; 44,097
(4) For the year ending June 30, 1990, and each subsequent 44,099
year, receipts RECEIPTS from private communications service as 44,100
1004
described in division (AA)(2) of section 5739.01 of the Revised 44,102
Code;
(5) For the year ending June 30, 1990, and each subsequent 44,104
year, receipts RECEIPTS from sales to providers of 44,105
telecommunications service for resale, as defined in division (G) 44,107
of section 5727.32 of the Revised Code. 44,108
(D) In ascertaining and determining the gross receipts of 44,110
an electric company, the commissioner shall exclude receipts 44,111
derived from the provision of electricity and other services to a 44,112
qualified former owner of the production facilities which THAT 44,113
generated the electricity from which those receipts were derived. 44,114
As used in this division, a "qualified former owner" means a 44,115
person who meets both of the following conditions: 44,116
(1) On or before October 11, 1991, the person had sold to 44,118
an electric company part of the production facility at which the 44,119
electricity is generated, and, for at least twenty years prior to 44,120
that sale, the facility was used to generate electricity, but it 44,121
was not owned in whole or in part during that period by an 44,122
electric company. 44,123
(2) At the time the electric company provided the 44,125
electricity or other services for which the exclusion is claimed, 44,126
the person, or a successor or assign of the person, owned not 44,127
less than a twenty per cent ownership of the production facility 44,128
and the rights to not less than twenty per cent of the production 44,129
of that facility. 44,130
(E) In ascertaining and determining the gross receipts of 44,132
a natural gas company, the commissioner shall exclude receipts of 44,133
amounts billed on behalf of other entities. Transportation and 44,134
billing and collection fees charged to other entities shall be 44,135
included in the gross receipts of a natural gas company. 44,136
The (F) IN ASCERTAINING AND DETERMINING THE GROSS RECEIPTS 44,139
OF A COMBINED ELECTRIC AND GAS COMPANY SUBJECT TO THE TAX IMPOSED 44,140
BY SECTION 5727.30 OF THE REVISED CODE, THE COMMISSIONER SHALL 44,141
EXCLUDE ALL RECEIPTS DERIVED FROM OPERATING AS A NATURAL GAS 44,142
1005
COMPANY THAT ARE SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF 44,143
THE REVISED CODE. 44,144
(G) EXCEPT AS PROVIDED IN DIVISION (H) OF THIS SECTION, 44,146
THE amount ascertained by the commissioner under this section, 44,148
less a deduction of twenty-five thousand dollars, shall be the 44,149
gross receipts of such companies for business done within this 44,150
state for that year.
(H) THE AMOUNT ASCERTAINED BY THE COMMISSIONER UNDER THIS 44,152
SECTION, LESS THE FOLLOWING DEDUCTION, SHALL BE THE GROSS 44,153
RECEIPTS OF A NATURAL GAS COMPANY OR COMBINED ELECTRIC AND GAS 44,155
COMPANY FOR BUSINESS DONE WITHIN THIS STATE:
(1) FOR A NATURAL GAS COMPANY THAT FILES QUARTERLY RETURNS 44,157
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, SIX 44,158
THOUSAND TWO HUNDRED FIFTY DOLLARS FOR EACH QUARTERLY RETURN; 44,160
(2) FOR A NATURAL GAS COMPANY THAT FILES AN ANNUAL RETURN 44,162
OF THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED CODE, 44,163
TWENTY-FIVE THOUSAND DOLLARS FOR EACH ANNUAL RETURN; 44,165
(3) FOR A COMBINED ELECTRIC AND GAS COMPANY, TWENTY-FIVE 44,167
THOUSAND DOLLARS ON THE ANNUAL STATEMENT FILED UNDER SECTION 44,168
5727.31 OF THE REVISED CODE. A COMBINED ELECTRIC AND GAS COMPANY 44,169
SHALL NOT BE ENTITLED TO A DEDUCTION IN COMPUTING GROSS RECEIPTS 44,170
SUBJECT TO THE TAX IMPOSED BY SECTION 5727.24 OF THE REVISED 44,171
CODE.
Sec. 5727.38. On or before the first Monday of November, 44,181
annually, the tax commissioner shall assess an excise tax against 44,182
each public utility, except railroad companies AND NATURAL GAS 44,184
COMPANIES. The tax shall be computed by multiplying the gross 44,185
receipts as determined by the commissioner under section 5727.33 44,186
of the Revised Code by six and three-fourths per cent in the case 44,188
of pipe-line companies and four and three-fourths per cent in the 44,189
case of all other companies. The minimum tax for any such 44,190
company for owning property or doing business in this state shall 44,191
be ten dollars. The assessment shall be certified to the
taxpayer and treasurer of state. 44,192
1006
Sec. 5727.42. (A) The treasurer of state shall maintain a 44,201
list of all excise taxes levied and payments made pursuant to 44,202
this chapter. The treasurer of state shall collect and the 44,203
taxpayer shall pay all taxes and any penalties thereon. Payments 44,204
OF THE TAX IMPOSED BY SECTION 5727.30 OF THE REVISED CODE may be 44,205
made by mail, in person, by electronic funds transfer if required 44,207
to do so by section 5727.311 of the Revised Code, or by any other 44,208
means authorized by the treasurer of state. The treasurer of 44,209
state may adopt rules concerning the methods and timeliness of 44,210
payment.
(B) Each tax bill issued pursuant to this section shall 44,212
separately reflect the taxes due, due date, and any other 44,213
information considered necessary. Except as otherwise provided 44,214
in division (F) of this section, the THE last day on which 44,215
payment may be made without penalty shall be at least twenty but 44,216
not more than thirty days from the date of mailing the tax bill. 44,217
The treasurer of state shall mail the tax bill, and the mailing 44,218
thereof shall be prima-facie evidence of receipt thereof by the 44,219
taxpayer. 44,220
(C) The treasurer of state shall refund taxes LEVIED AND 44,222
PAYMENTS MADE FOR THE TAX IMPOSED BY SECTION 5727.30 OF THE 44,223
REVISED CODE as provided in this section, but no refund shall be 44,224
made to a taxpayer having a delinquent claim certified pursuant 44,225
to this section that remains unpaid. The treasurer of state may 44,226
consult the attorney general regarding such claims. 44,227
(D) Within twenty days after receipt of any excise tax 44,229
assessment certified to him THE TREASURER OF STATE FOR THE TAX 44,230
IMPOSED BY SECTION 5727.30 OF THE REVISED CODE, the treasurer of 44,232
state shall:
(1) Ascertain the difference between the total taxes shown 44,234
on such assessment and the sum of all advance ESTIMATED payments, 44,236
exclusive of any penalties thereon, previously made for that 44,237
year.
(2) If the difference is a deficiency, the treasurer of 44,239
1007
state shall issue a tax bill. 44,240
(3) If the difference is an excess, the treasurer of state 44,242
shall certify the name of the taxpayer and the amount to be 44,243
refunded to the director of budget and management for payment to 44,244
the taxpayer. 44,245
If the taxpayer has a deficiency for one tax year and an 44,247
excess for another tax year, or any combination thereof for more 44,248
than two years, the treasurer of state may determine the net 44,249
result and, depending on such result, proceed to mail a tax bill 44,250
or certify a refund. 44,251
(E) If a taxpayer fails to pay all taxes on or before the 44,253
due date shown on the tax bill, or fails to make an advance 44,254
ESTIMATED payment on or before the due date prescribed in 44,256
division (B) of section 5727.31 of the Revised Code, but makes 44,257
payment within ten calendar days of such date, the treasurer of 44,258
state shall add a penalty equal to five per cent of the amount 44,259
that should have been timely paid. If payment is not made within 44,260
ten days of such date, the treasurer of state shall add a penalty 44,261
equal to fifteen per cent of the amount that should have been 44,262
timely paid. The treasurer of state shall prepare a delinquent 44,263
claim for each tax bill on which penalties were added and certify 44,264
such claims to the attorney general and tax commissioner. The 44,265
attorney general shall proceed to collect the delinquent taxes 44,266
and penalties thereon in the manner prescribed by law and notify 44,267
the treasurer of state and tax commissioner of all collections. 44,268
(F) The last day on which a natural gas company that is 44,270
not required to make payments under division (B) of section 44,271
5727.31 of the Revised Code may pay its taxes without penalty 44,272
shall be the fifteenth day of March of the year following the 44,273
year in which the commissioner is required to certify his 44,274
assessment of the company's tax under section 5727.38 of the 44,275
Revised Code. The tax due date shall be reflected on the tax 44,276
bill. 44,277
Sec. 5727.48. The tax commissioner, on application by a 44,287
1008
public utility, may extend to the public utility a further 44,288
specified time, not to exceed sixty days, within which to file 44,289
any report or statement required by this chapter to be filed with 44,290
the commissioner, EXCEPT REPORTS REQUIRED BY SECTIONS 5727.24 TO 44,291
5727.29 OF THE REVISED CODE. A public utility must file such an
application, in writing, with the commissioner on or before the 44,292
date that the report or statement is otherwise required to be 44,293
filed.
Sec. 5727.50. If any public utility fails to make any 44,303
report to the tax commissioner required by law, or makes such 44,304
report and fails to report or reports erroneously any information 44,305
essential to the determination of any amount, value, proportion, 44,306
or other fact to be determined by the commissioner pursuant to 44,307
law, which is necessary for the fixing of any fee, tax, or
assessment, the commissioner shall determine such amount, value, 44,308
proportion, or other fact and shall certify the same as required 44,310
by law. Such power and duty of the commissioner shall extend 44,311
only to the five years next preceding the year in which such 44,313
inquiry is made. Upon the determination and certification by the
commissioner, a tax, fee, or assessment shall be charged for 44,314
collection from such public utility at the rate provided by law 44,315
for the years when such tax, fee, or assessment was omitted, or 44,316
erroneously charged so that the total tax, fee, or assessment 44,317
paid and to be paid for such years shall be in the full amount 44,318
chargeable to such public utility by law. Such charge shall be
without prejudice to the collection of any penalty authorized by 44,319
law.
THIS SECTION SHALL NOT APPLY TO SECTIONS 5727.24 TO 5727.29 44,321
OF THE REVISED CODE.
Sec. 5727.60. If a public utility required to file a 44,331
report with the tax commissioner by sections 5727.02 TO 5727.23 44,332
AND 5727.30 to 5727.62, inclusive, of the Revised Code, fails to 44,334
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 44,335
1009
such report.
Sec. 5733.05. As used in this section, "qualified 44,344
research" means laboratory research, experimental research, and 44,345
other similar types of research; research in developing or 44,346
improving a product; or research in developing or improving the 44,347
means of producing a product. It does not include market 44,348
research, consumer surveys, efficiency surveys, management 44,349
studies, ordinary testing or inspection of materials or products 44,350
for quality control, historical research, or literary research. 44,351
"Product" as used in this paragraph does not include services or 44,352
intangible property. 44,353
The annual report determines the value of the issued and 44,356
outstanding shares of stock of the taxpayer, which under division 44,357
(A) or divisions (B) and (C) of this section is the base or 44,358
measure of the franchise tax liability. Such determination shall 44,359
be made as of the date shown by the report to have been the 44,360
beginning of the corporation's annual accounting period that 44,361
includes the first day of January of the tax year. For the 44,362
purposes of this chapter, the value of the issued and outstanding 44,364
shares of stock of any corporation that is a financial 44,366
institution shall be deemed to be the value as calculated in 44,368
accordance with division (A) of this section. For the purposes 44,370
of this chapter, the value of the issued and outstanding shares 44,371
of stock of any corporation that is not a financial institution 44,372
shall be deemed to be the values as calculated in accordance with 44,373
divisions (B) and (C) of this section. 44,374
(A) The total value, as shown by the books of the 44,376
financial institution, of its capital, surplus, whether earned or 44,378
unearned, undivided profits, and reserves shall be determined as 44,380
prescribed by section 5733.056 of the Revised Code for tax years 44,381
1998 and thereafter. 44,382
(B) The sum of the corporation's net income during the 44,384
corporation's taxable year, allocated or apportioned to this 44,386
state as prescribed in divisions (B)(1) and (2) of this section, 44,388
1010
and subject to sections 5733.052, 5733.053, 5733.057, and 44,389
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 44,391
section 5733.051 of the Revised Code. 44,392
(2) The amount of Ohio apportioned net income from sources 44,394
other than those allocated under section 5733.051 of the Revised 44,395
Code, which shall be determined by multiplying the corporation's 44,396
net income by a fraction. The numerator of the fraction is the 44,398
sum of the following products: the property factor multiplied by 44,401
twenty, the payroll factor multiplied by twenty, and the sales 44,402
factor multiplied by sixty. The denominator of the fraction is 44,404
one hundred, provided that the denominator shall be reduced by 44,406
twenty if the property factor has a denominator of zero, by 44,408
twenty if the payroll factor has a denominator of zero, and by 44,409
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 44,411
determined as follows:
(a) The property factor is a fraction the numerator of 44,413
which is the average value of the corporation's real and tangible 44,414
personal property owned or rented, and used in the trade or 44,415
business in this state during the taxable year, and the 44,416
denominator of which is the average value of all the 44,417
corporation's real and tangible personal property owned or 44,418
rented, and used in the trade or business everywhere during such 44,419
year. There shall be excluded from the numerator and denominator 44,420
of the property factor the original cost of all of the following 44,421
property within Ohio: property with respect to which a 44,422
"pollution control facility" certificate has been issued pursuant 44,423
to section 5709.21 of the Revised Code; property with respect to 44,424
which an "industrial water pollution control certificate" has 44,425
been issued pursuant to section 6111.31 of the Revised Code; and 44,426
property used exclusively during the taxable year for qualified 44,427
research. 44,428
(i) Property owned by the corporation is valued at its 44,430
1011
original cost. Property rented by the corporation is valued at 44,431
eight times the net annual rental rate. "Net annual rental rate" 44,432
means the annual rental rate paid by the corporation less any 44,433
annual rental rate received by the corporation from subrentals. 44,434
(ii) The average value of property shall be determined by 44,436
averaging the values at the beginning and the end of the taxable 44,437
year, but the tax commissioner may require the averaging of 44,438
monthly values during the taxable year, if reasonably required to 44,439
reflect properly the average value of the corporation's property. 44,440
(b) The payroll factor is a fraction the numerator of 44,442
which is the total amount paid in this state during the taxable 44,443
year by the corporation for compensation, and the denominator of 44,444
which is the total compensation paid everywhere by the 44,445
corporation during such year. There shall be excluded from the 44,446
numerator and the denominator of the payroll factor the total 44,447
compensation paid in this state to employees who are primarily 44,448
engaged in qualified research. 44,449
(i) Compensation means any form of remuneration paid to an 44,451
employee for personal services. 44,452
(ii) Compensation is paid in this state if: (1) the 44,454
recipient's service is performed entirely within this state, (2) 44,455
the recipient's service is performed both within and without this 44,456
state, but the service performed without this state is incidental 44,457
to the recipient's service within this state, (3) some of the 44,458
service is performed within this state and either the base of 44,459
operations, or if there is no base of operations, the place from 44,460
which the service is directed or controlled is within this state, 44,461
or the base of operations or the place from which the service is 44,462
directed or controlled is not in any state in which some part of 44,463
the service is performed, but the recipient's residence is in 44,464
this state. 44,465
(iii) Compensation is paid in this state to any employee 44,467
of a common or contract motor carrier corporation, who performs 44,468
the employee's regularly assigned duties on a motor vehicle in 44,470
1012
more than one state, in the same ratio by which the mileage 44,471
traveled by such employee within the state bears to the total 44,472
mileage traveled by such employee everywhere during the taxable 44,473
year.
(c) The sales factor is a fraction the numerator of which 44,475
is the total sales in this state by the corporation during the 44,476
taxable year, and the denominator of which is the total sales by 44,477
the corporation everywhere during such year. In determining the 44,478
numerator and denominator of the sales factor, receipts from the 44,479
sale or other disposal of a capital asset or an asset described 44,480
in section 1231 of the Internal Revenue Code shall be eliminated. 44,481
Also, in determining the numerator and denominator of the sales 44,482
factor, in the case of a reporting corporation owning at least 44,483
eighty per cent of the issued and outstanding common stock of one 44,484
or more public utilities or insurance companies, or owning at 44,485
least twenty-five per cent of the issued and outstanding common 44,486
stock of one or more financial institutions, receipts received by 44,487
the reporting corporation from such utilities, insurance 44,488
companies, and financial institutions shall be eliminated. 44,489
For the purpose of this section and section 5733.03 of the 44,491
Revised Code, sales of tangible personal property are in this 44,492
state where such property is received in this state by the 44,493
purchaser. In the case of delivery of tangible personal property 44,494
by common carrier or by other means of transportation, the place 44,495
at which such property is ultimately received after all 44,496
transportation has been completed shall be considered as the 44,497
place at which such property is received by the purchaser. 44,498
Direct delivery in this state, other than for purposes of 44,499
transportation, to a person or firm designated by a purchaser 44,500
constitutes delivery to the purchaser in this state, and direct 44,501
delivery outside this state to a person or firm designated by a 44,502
purchaser does not constitute delivery to the purchaser in this 44,503
state, regardless of where title passes or other conditions of 44,504
sale. 44,505
1013
Sales, other than sales of tangible personal property, are 44,507
in this state if either: 44,508
(i) The income-producing activity is performed solely in 44,510
this state; 44,511
(ii) The income-producing activity is performed both 44,513
within and without this state and a greater proportion of the 44,514
income-producing activity is performed within this state than in 44,516
any other state, based on costs of performance. 44,517
(d) If the allocation and apportionment provisions of 44,519
division (B) of this section do not fairly represent the extent 44,521
of the taxpayer's business activity in this state, the taxpayer 44,522
may request, which request must be in writing and must accompany 44,523
the report, timely filed petition for reassessment, or timely 44,524
filed amended report, or the tax commissioner may require, in 44,525
respect to all or any part of the taxpayer's allocated or 44,526
apportioned base, if reasonable, any one or more of the 44,527
following:
(i) Separate accounting; 44,529
(ii) The exclusion of any one or more of the factors; 44,531
(iii) The inclusion of one or more additional factors 44,533
which will fairly represent the taxpayer's allocated or 44,534
apportioned base in this state. 44,535
An alternative method will be effective only with approval 44,537
by the tax commissioner. 44,538
Nothing in this section shall be construed to extend any 44,540
statute of limitations set forth in this chapter. 44,541
(C)(1) Subject to divisions (C)(2) and (3) of this 44,544
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 44,545
book value of a corporation's assets less the net carrying value 44,547
of its liabilities, AND EXCLUDING FROM THE CORPORATION'S ASSETS 44,548
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS OF THE FIRST 44,549
MONDAY OF JUNE IN THE CORPORATION'S TAXABLE YEAR AS DETERMINED BY 44,550
THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE LAND IS LOCATED
1014
PURSUANT TO SECTION 5713.31 OF THE REVISED CODE. For the 44,551
purposes of determining that total value, any reserves shown on 44,552
the corporation's books shall be considered liabilities or contra 44,553
assets except for any reserves that are deemed appropriations of 44,554
retained earnings under generally accepted accounting principles. 44,555
(2)(a) If, on the last day of the taxpayer's taxable year 44,558
preceding the tax year, the taxpayer is a related member to a 44,559
corporation that elects to be a qualifying holding company for 44,560
the tax year beginning after the last day of the taxpayer's 44,561
taxable year, or if, on the last day of the taxpayer's taxable 44,562
year preceding the tax year, a corporation that elects to be a 44,563
qualifying holding company for the tax year beginning after the 44,564
last day of the taxpayer's taxable year is a related member to 44,565
the taxpayer, then the taxpayer's total value shall be adjusted 44,566
by the qualifying amount. Except as otherwise provided under 44,567
division (C)(2)(b) of this section, "qualifying amount" means the 44,568
amount that, when added to the taxpayer's total value, and when 44,570
subtracted from the net carrying value of the taxpayer's 44,571
liabilities computed without regard to division (C)(2) of this 44,573
section, or when subtracted from the taxpayer's total value and 44,575
when added to the net carrying value of the taxpayer's 44,576
liabilities computed without regard to division (C)(2) of this 44,578
section, results in the taxpayer's debt-to-equity ratio equaling 44,579
the debt-to-equity ratio of the qualifying controlled group on 44,580
the last day of the taxable year ending prior to the first day of 44,581
the tax year computed on a consolidated basis in accordance with 44,583
general accepted accounting principles. For the purposes of 44,584
division (C)(2)(a) of this section, the corporation's total 44,585
value, after the adjustment required by that division, shall not 44,586
exceed the net book value of the corporation's assets. 44,587
(b)(i) The amount added to the taxpayer's total value and 44,590
subtracted from the net carrying value of the taxpayer's 44,591
liabilities shall not exceed the amount of the net carrying value 44,592
of the taxpayer's liabilities owed to the taxpayer's related 44,594
1015
members.
(ii) A liability owed to the taxpayer's related members 44,596
includes, but is not limited to, any amount that the corporation 44,598
owes to a person that is not a related member if the 44,599
corporation's related member or related members in whole or in 44,600
part guarantee any portion or all of that amount, or pledge, 44,601
hypothecate, mortgage, or carry out any similar transactions to 44,602
secure any portion or all of that amount. 44,603
(3) The base upon which the tax is levied under division 44,605
(C) of section 5733.06 of the Revised Code shall be computed by 44,607
multiplying the amount determined under divisions (C)(1) and (2) 44,609
of this section by the fraction determined under divisions 44,610
(B)(2)(a) to (c) of this section and, if applicable, divisions 44,613
(B)(2)(d)(ii) to (iv) of this section but without regard to 44,615
section 5733.052 of the Revised Code. 44,616
(4) For purposes of division (C) of this section, "related 44,620
member" has the same meaning as in division (A)(6) of section 44,621
5733.042 of the Revised Code without regard to division (B) of 44,622
that section.
Sec. 5733.16. For the purposes of sections 5727.38 5727.24 44,631
to 5727.62 of the Revised Code and this chapter, domestic 44,633
corporations are deemed organized upon the filing of articles of 44,634
incorporation in the office of the secretary of state, and 44,635
foreign corporations are deemed admitted to do business in this 44,636
state when the statement for admission has been filed with the 44,637
secretary of state or a certificate of compliance with the laws 44,638
of this state has been obtained from him THE SECRETARY OF STATE. 44,639
Each domestic corporation shall be required to file its first 44,640
report and pay the tax in and for the calendar year immediately 44,641
succeeding the date of its organization, and each foreign 44,642
corporation shall similarly report and pay in and for the 44,643
calendar year immediately succeeding its admission. Failure on 44,644
the part of any foreign corporation for profit and any foreign 44,645
corporation not for profit referred to in section 5733.01 of the 44,646
1016
Revised Code to proceed according to law to obtain from the 44,647
secretary of state proper authority to do business or to own or 44,648
use property in this state shall not excuse such corporation from 44,649
liability to make proper excise or franchise tax report or return 44,650
or pay a proper excise or franchise tax or penalty, if such 44,651
liability would have attached had such proper authority been 44,652
obtained.
Sec. 5733.33. (A) As used in this section: 44,661
(1) "Manufacturing machinery and equipment" means engines 44,663
and machinery, and tools and implements, of every kind used, or 44,664
designed to be used, in refining and manufacturing. 44,665
(2) "New manufacturing machinery and equipment" means 44,667
manufacturing machinery and equipment, the original use in this 44,668
state of which commences with the taxpayer or with a partnership 44,669
of which the taxpayer is a partner. 44,670
(3)(a) "Purchase" has the same meaning as in section 44,672
179(d)(2) of the Internal Revenue Code. 44,673
(b) Any purchase, for FOR purposes of this section, ANY 44,675
PROPERTY THAT IS NOT MANUFACTURED OR ASSEMBLED PRIMARILY BY THE 44,676
TAXPAYER is considered to occur PURCHASED at the time the 44,678
agreement to acquire the property to be purchased becomes 44,680
binding. ANY PROPERTY THAT IS MANUFACTURED OR ASSEMBLED 44,681
PRIMARILY BY THE TAXPAYER IS CONSIDERED PURCHASED AT THE TIME THE 44,682
TAXPAYER PLACES THE PROPERTY IN SERVICE IN THE COUNTY FOR WHICH
THE TAXPAYER WILL CALCULATE THE COUNTY EXCESS AMOUNT. 44,683
(c) Notwithstanding section 179(d) of the Internal Revenue 44,685
Code, a taxpayer's direct or indirect acquisition of new 44,686
manufacturing machinery and equipment is not purchased on or 44,687
after July 1, 1995, if the taxpayer, or a person whose 44,688
relationship to the taxpayer is described in subparagraphs (A), 44,689
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 44,690
had directly or indirectly entered into a binding agreement to 44,691
acquire the property at any time prior to July 1, 1995. 44,692
(4) "Qualifying period" means the period that begins July 44,694
1017
1, 1995, and ends December 31, 2000 2005. 44,695
(5) "County average new manufacturing machinery and 44,697
equipment investment" means either of the following: 44,698
(a) The average annual cost of new manufacturing machinery 44,701
and equipment purchased for use in the county during baseline 44,702
years, in the case of a taxpayer or partnership that was in 44,703
existence for more than one year during baseline years. 44,704
(b) Zero, in the case of a taxpayer or partnership that 44,706
was not in existence for more than one year during baseline 44,707
years. 44,708
(6) "Partnership" includes a limited liability company 44,711
formed under Chapter 1705. of the Revised Code or under the laws 44,713
of any other state, provided that the company is not classified 44,714
for federal income tax purposes as an association taxable as a 44,715
corporation. 44,716
(7) "Partner" includes a member of a limited liability 44,718
company formed under Chapter 1705. of the Revised Code or under 44,720
the laws of any other state, provided that the company is not 44,721
classified for federal income tax purposes as an association 44,722
taxable as a corporation. 44,723
(8) "Distressed area" means either a municipal corporation 44,725
that has a population of at least fifty thousand or a county that 44,727
meets two of the following criteria of economic distress, or a 44,728
municipal corporation the majority of the population of which is 44,729
situated in such a county:
(a) Its average rate of unemployment, during the most 44,732
recent five-year period for which data are available, is equal to 44,733
at least one hundred twenty-five per cent of the average rate of 44,734
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 44,737
per cent of the median county per capita income of the United 44,738
States as determined by the most recently available figures from 44,739
the United States census bureau; 44,740
(c)(i) In the case of a municipal corporation, at least 44,743
1018
twenty per cent of the residents have a total income for the most 44,744
recent census year that is below the official poverty line; 44,745
(ii) In the case of a county, in intercensal years, the 44,748
county has a ratio of transfer payment income to total county 44,749
income equal to or greater than twenty-five per cent. 44,750
(9) "Eligible area" means a distressed area, a labor 44,752
surplus area, an inner city area, or a situational distress area. 44,754
(10) "Inner city area" means, in a municipal corporation 44,756
that has a population of at least one hundred thousand and does 44,757
not meet the criteria of a labor surplus area or a distressed 44,758
area, targeted investment areas established by the municipal 44,759
corporation within its boundaries that are comprised of the most 44,760
recent census block tracts that individually have at least twenty 44,761
per cent of their population at or below the state poverty level 44,762
or other census block tracts contiguous to such census block 44,763
tracts.
(11) "Labor surplus area" means an area designated as a 44,765
labor surplus area by the United States department of labor. 44,767
(12) "Official poverty line" has the same meaning as in 44,769
division (A) of section 3923.51 of the Revised Code. 44,770
(13) "Situational distress area" means a county or a 44,772
municipal corporation that has experienced or is experiencing a 44,773
closing or downsizing of a major employer, that will adversely 44,774
affect the county's or municipal corporation's economy. In order 44,776
to be designated as a situational distress area for a period not 44,777
to exceed thirty-six months, the county or municipal corporation 44,778
may petition the director of development. The petition shall 44,779
include written documentation that demonstrates all of the 44,780
following adverse effects on the local economy: 44,781
(a) The number of jobs lost by the closing or downsizing; 44,783
(b) The impact that the job loss has on the county's or 44,786
municipal corporation's unemployment rate as measured by the Ohio 44,787
bureau of employment services; 44,788
(c) The annual payroll associated with the job loss; 44,790
1019
(d) The amount of state and local taxes associated with 44,792
the job loss;
(e) The impact that the closing or downsizing has on the 44,794
suppliers located in the county or municipal corporation. 44,795
(14) "Cost" has the same meaning and limitation as in 44,797
section 179(d)(3) of the Internal Revenue Code. 44,798
(15) "Baseline years" means: 44,800
(a) Calendar years 1992, 1993, and 1994, with regard to a 44,802
credit claimed for the purchase during calendar year 1995, 1996, 44,803
1997, or 1998 of new manufacturing machinery and equipment; 44,804
(b) Calendar years 1993, 1994, and 1995, with regard to a 44,806
credit claimed for the purchase during calendar year 1999 of new 44,807
manufacturing machinery and equipment; 44,808
(c) Calendar years 1994, 1995, and 1996, with regard to a 44,810
credit claimed for the purchase during calendar year 2000 of new 44,811
manufacturing machinery and equipment; 44,812
(d) CALENDAR YEARS 1995, 1996, AND 1997, WITH REGARD TO A 44,814
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2001 OF NEW 44,815
MANUFACTURING MACHINERY AND EQUIPMENT; 44,816
(e) CALENDAR YEARS 1996, 1997, AND 1998, WITH REGARD TO A 44,818
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2002 OF NEW 44,819
MANUFACTURING MACHINERY AND EQUIPMENT; 44,820
(f) CALENDAR YEARS 1997, 1998, AND 1999, WITH REGARD TO A 44,822
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2003 OF NEW 44,823
MANUFACTURING MACHINERY AND EQUIPMENT; 44,824
(g) CALENDAR YEARS 1998, 1999, AND 2000, WITH REGARD TO A 44,826
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2004 OF NEW 44,827
MANUFACTURING MACHINERY AND EQUIPMENT; 44,828
(h) CALENDAR YEARS 1999, 2000, AND 2001, WITH REGARD TO A 44,830
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2005 OF NEW 44,831
MANUFACTURING MACHINERY AND EQUIPMENT; 44,832
(16) "RELATED MEMBER" HAS THE SAME MEANING AS IN SECTION 44,834
5733.042 OF THE REVISED CODE.
(B)(1) A SUBJECT TO DIVISION (I) OF THIS SECTION, A 44,836
1020
nonrefundable credit is allowed against the tax imposed by 44,838
section 5733.06 of the Revised Code for a taxpayer that purchases 44,839
new manufacturing machinery and equipment during the qualifying 44,840
period, provided that the new manufacturing machinery and 44,841
equipment are installed in this state no later than December 31, 44,843
2001 2006.
(2) The credit is also available to a taxpayer that is a 44,845
partner in a partnership that purchases new manufacturing 44,846
machinery and equipment during the qualifying period, provided 44,847
that the partnership installs the new manufacturing machinery and 44,848
equipment in this state no later than December 31, 2001 2006. 44,849
The taxpayer shall determine the credit amount as provided in 44,851
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 44,853
of this section, a credit may be claimed under this section in 44,854
excess of one million dollars only if the cost of all 44,855
manufacturing machinery and equipment owned in this state by the 44,856
taxpayer claiming the credit on the last day of the calendar year 44,857
exceeds the cost of all manufacturing machinery and equipment 44,858
owned in this state by the taxpayer on the first day of that 44,859
calendar year.
As used in division (B)(3)(a) of this section, "calendar 44,862
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 44,863
(b) Division (B)(3)(a) of this section does not apply if 44,866
the taxpayer claiming the credit applies for and is issued a 44,867
waiver of the requirement of that division. A taxpayer may apply 44,868
to the director of the department of development for such a 44,869
waiver in the manner prescribed by the director, and the director 44,870
may issue such a waiver if the director determines that granting 44,871
the credit is necessary to increase or retain employees in this 44,873
state, and that the credit has not caused relocation of 44,874
manufacturing machinery and equipment among counties within this 44,875
state for the primary purpose of qualifying for the credit. 44,876
1021
(C)(1) Except as otherwise provided in division (C)(2) AND 44,879
DIVISION (I) of this section, the credit amount is equal to seven 44,880
and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 44,882
calendar year for use in a county over the county average new 44,883
manufacturing machinery and equipment investment for that county. 44,884
(2) As SUBJECT TO DIVISION (I) OF THIS SECTION, AS used in 44,887
division (C)(2) of this section, "county excess" means the 44,888
taxpayer's excess cost for a county as computed under division 44,889
(C)(1) of this section.
For SUBJECT TO DIVISION (I) OF THIS SECTION, a taxpayer 44,892
with a county excess, whose purchases included purchases for use 44,893
in any eligible area in the county, the credit amount is equal to 44,894
thirteen and one-half per cent of the cost of the new 44,895
manufacturing machinery and equipment purchased during the 44,896
calendar year for use in the eligible areas in the county, 44,897
provided that the cost subject to the thirteen and one-half per 44,898
cent rate shall not exceed the county excess. If the county 44,899
excess is greater than the cost of the new manufacturing 44,900
machinery and equipment purchased during the calendar year for 44,902
use in eligible areas in the county, the credit amount also shall 44,903
include an amount equal to seven and one-half per cent of the 44,904
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 44,906
manufacturing machinery and equipment in more than one county or 44,907
eligible area, it shall aggregate the amount of those credits 44,908
each year.
(4) The taxpayer shall claim one-seventh of the credit 44,910
amount for the tax year immediately following the calendar year 44,911
in which the new manufacturing machinery and equipment is 44,912
purchased for use in the county by the taxpayer or partnership. 44,914
One-seventh of the taxpayer credit amount is allowed for each of 44,915
the six ensuing tax years. Except for carried-forward amounts, 44,916
the taxpayer is not allowed any credit amount remaining if the 44,917
1022
new manufacturing machinery and equipment is sold by the taxpayer 44,919
or partnership or is transferred by the taxpayer or partnership 44,920
out of the county before the end of the seven-year period UNLESS, 44,921
AT THE TIME OF THE SALE OR TRANSFER, THE NEW MANUFACTURING
MACHINERY AND EQUIPMENT HAS BEEN FULLY DEPRECIATED FOR FEDERAL 44,922
INCOME TAX PURPOSES. 44,923
(5)(a) A taxpayer that acquires manufacturing machinery 44,925
and equipment as a result of a merger with the taxpayer with whom 44,927
commenced the original use in this state of the manufacturing 44,928
machinery and equipment, or with a taxpayer that was a partner in 44,929
a partnership with whom commenced the original use in this state 44,930
of the manufacturing machinery and equipment, is entitled to any 44,931
remaining or carried-forward credit amounts to which the taxpayer 44,932
was entitled.
(b) A taxpayer that enters into an agreement under 44,934
division (C)(3) of section 5709.62 of the Revised Code and that 44,935
acquires manufacturing machinery or equipment as a result of 44,937
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 44,938
commenced the original use in this state of the manufacturing 44,940
machinery or equipment, and that operates the large manufacturing 44,941
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 44,942
sold the facility would have been entitled under this section had 44,944
the other taxpayer not sold the manufacturing facility or 44,945
equipment.
(c) New manufacturing machinery and equipment is not 44,948
considered sold if a pass-through entity transfers to another 44,949
pass-through entity substantially all of its assets as part of a 44,950
plan of reorganization under which substantially all gain and 44,951
loss is not recognized by the pass-through entity that is 44,952
transferring the new manufacturing machinery and equipment to the 44,953
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 44,954
1023
in part, by reference to the basis of the pass-through entity 44,955
which transferred the new manufacturing machinery and equipment 44,956
to the transferee. 44,957
(d) Division (C)(5) of this section shall apply only if 44,959
the acquiring taxpayer or transferee does not sell the new 44,961
manufacturing machinery and equipment or transfer the new 44,962
manufacturing machinery and equipment out of the county before 44,963
the end of the seven-year period to which division (C)(4) of this 44,964
section refers.
(e) Division (C)(5)(b) of this section applies only to the 44,967
extent that the taxpayer that sold the manufacturing machinery or 44,968
equipment, upon request, timely provides to the tax commissioner 44,969
any information that the tax commissioner considers to be 44,970
necessary to ascertain any remaining or carried-forward amounts 44,971
to which the taxpayer that sold the facility would have been 44,972
entitled under this section had the taxpayer not sold the 44,973
manufacturing machinery or equipment. Nothing in division 44,974
(C)(5)(b) or (e) of this section shall be construed to allow a 44,976
taxpayer to claim any credit amount with respect to the acquired 44,977
manufacturing machinery or equipment that is greater than the 44,978
amount that would have been available to the other taxpayer that 44,979
sold the manufacturing machinery or equipment had the other 44,980
taxpayer not sold the manufacturing machinery or equipment. 44,981
(D) The taxpayer shall claim the credit in the order 44,984
required under section 5733.98 of the Revised Code. Each year, 44,985
any credit amount in excess of the tax due under section 5733.06 44,986
of the Revised Code after allowing for any other credits that 44,988
precede the credit under this section in that order may be 44,989
carried forward for three tax years. 44,990
(E) A taxpayer purchasing new manufacturing machinery and 44,993
equipment and intending to claim the credit shall file, with the 44,994
department of development, a notice of intent to claim the credit 44,995
on a form prescribed by the department of development. The 44,996
department of development shall inform the tax commissioner of 44,997
1024
the notice of intent to claim the credit. 44,998
(F) The director of development shall annually certify, by 45,001
the first day of January of each year during the qualifying 45,002
period, the eligible areas for the tax credit for the calendar 45,003
year that includes that first day of January. The director shall 45,004
send a copy of the certification to the tax commissioner. 45,005
(G) New manufacturing machinery and equipment for which a 45,007
taxpayer claims the credit under section 5733.31, 5733.311, 45,009
5747.26, or 5747.261 of the Revised Code shall not be considered 45,011
new manufacturing machinery and equipment for purposes of the 45,012
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 45,014
partnership, the county average new manufacturing machinery and 45,015
equipment investment shall be determined based on the number of 45,016
years, if any, the partnership was in existence during baseline 45,017
years. In determining the county average new manufacturing 45,018
machinery and equipment investment, the excess of the cost of new 45,019
manufacturing machinery and equipment purchased during the 45,020
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 45,021
taxpayer's distributive PROPORTIONATE share of the cost of new 45,022
manufacturing machinery and equipment purchased by a partnership 45,024
in which the corporation had a direct or indirect investment 45,025
during the calendar year prior to the first day of a tax year for 45,026
which the taxpayer is claiming the credit. These determinations 45,027
and calculations shall be made for the taxpayer's calendar year 45,028
during which the partnership made the purchase. 45,029
(2) Nothing in this section shall be construed to limit or 45,031
disallow pass-through treatment of a pass-through entity's 45,032
income, deductions, credits, or other amounts necessary to 45,033
compute the tax imposed by section 5733.06 of the Revised Code 45,034
and the credits allowed by this chapter. 45,035
(I) IN THE CASE OF A TAXPAYER HAVING A RELATED MEMBER OR A 45,037
GROUP OF TAXPAYERS HAVING A RELATED MEMBER, THE CREDIT AVAILABLE 45,038
1025
UNDER THIS SECTION TO THE TAXPAYER OR GROUP OF TAXPAYERS SHALL BE 45,039
COMPUTED AS IF THE TAXPAYER OR ALL TAXPAYERS OF THE GROUP AND ALL 45,040
SUCH RELATED MEMBERS WERE A CONSOLIDATED, SINGLE TAXPAYER. THE 45,041
CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYER OR TO SUCH GROUP OF 45,042
TAXPAYERS IN ANY AMOUNT ELECTED FOR THE TAXABLE YEAR BY THE
TAXPAYER OR GROUP. SUCH ELECTION SHALL BE REVOCABLE AND 45,043
AMENDABLE DURING THE PERIOD DESCRIBED IN DIVISION (B) OF SECTION 45,044
5733.12 OF THE REVISED CODE WITH RESPECT TO THE TAX IMPOSED BY 45,045
SECTION 5733.06 OF THE REVISED CODE AND THE PERIOD DESCRIBED IN
DIVISION (B) OF SECTION 5747.11 OF THE REVISED CODE WITH RESPECT 45,046
TO THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 45,047
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO TREAT AS A PURCHASE 45,048
THE ACQUISITION OF NEW MANUFACTURING MACHINERY AND EQUIPMENT IF
SUCH PURCHASE WOULD NOT QUALIFY AS A PURCHASE OF NEW 45,050
MANUFACTURING MACHINERY AND EQUIPMENT WITHOUT REGARD TO THE
CONSOLIDATION REQUIREMENT SET FORTH IN THIS SECTION. 45,051
Sec. 5733.351. (A) AS USED IN THIS SECTION, "QUALIFIED 45,053
RESEARCH EXPENSES" HAS THE SAME MEANING AS IN SECTION 41 OF THE 45,054
INTERNAL REVENUE CODE. 45,055
(B) A NONREFUNDABLE CREDIT IS ALLOWED AGAINST THE TAX 45,057
IMPOSED BY SECTION 5733.06 OF THE REVISED CODE FOR EACH TAX YEAR. 45,058
THE CREDIT SHALL EQUAL SEVEN PER CENT OF THE EXCESS OF QUALIFIED 45,059
RESEARCH EXPENSES INCURRED IN THIS STATE BY THE TAXPAYER FOR THE 45,061
TAXABLE YEAR OVER THE TAXPAYER'S AVERAGE ANNUAL QUALIFIED 45,062
RESEARCH EXPENSES INCURRED IN THIS STATE FOR THE THREE PRECEDING 45,063
TAXABLE YEARS. THE TAXPAYER SHALL CLAIM THE CREDIT IN THE ORDER 45,064
REQUIRED UNDER SECTION 5733.98 OF THE REVISED CODE. ANY CREDIT 45,065
AMOUNT IN EXCESS OF THE TAX DUE UNDER SECTION 5733.06 OF THE 45,066
REVISED CODE, AFTER ALLOWING FOR ANY OTHER CREDITS THAT PRECEDE 45,067
THE CREDIT UNDER THIS SECTION IN THE ORDER REQUIRED UNDER SECTION 45,068
5733.98 OF THE REVISED CODE, MAY BE CARRIED FORWARD FOR SEVEN 45,069
TAXABLE YEARS, BUT THE AMOUNT OF THE EXCESS CREDIT ALLOWED IN ANY 45,070
SUCH YEAR SHALL BE DEDUCTED FROM THE BALANCE CARRIED FORWARD TO
THE NEXT YEAR. 45,071
1026
(C) IN THE CASE OF A QUALIFYING CONTROLLED GROUP, THE 45,073
CREDIT ALLOWED UNDER THIS SECTION TO TAXPAYERS IN THE QUALIFYING 45,074
CONTROLLED GROUP SHALL BE COMPUTED AS IF ALL CORPORATIONS IN THE 45,075
QUALIFYING CONTROLLED GROUP WERE A CONSOLIDATED, SINGLE TAXPAYER. 45,076
THE CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYERS IN ANY AMOUNT 45,077
ELECTED FOR THE TAXABLE YEAR BY THE QUALIFYING CONTROLLED GROUP. 45,078
THE ELECTION SHALL BE REVOCABLE AND AMENDABLE DURING THE PERIOD 45,079
PRESCRIBED BY DIVISION (B) OF SECTION 5733.12 OF THE REVISED 45,080
CODE.
Sec. 5733.39. (A) AS USED IN THIS SECTION: 45,082
(1) "RAILROAD COMPANY" MEANS A RAILROAD AS DEFINED IN 45,084
SECTION 4907.02 OF THE REVISED CODE THAT IS SUBJECT TO THE TAX 45,085
IMPOSED BY SECTION 5733.06 OF THE REVISED CODE. 45,086
(2) "ACTIVE GRADE CROSSING WARNING DEVICE" MEANS SIGNS, 45,088
SIGNALS, GATES, OR OTHER PROTECTIVE DEVICES ERECTED OR INSTALLED 45,089
AT A PUBLIC HIGHWAY-RAILWAY CROSSING AT COMMON GRADE AND 45,090
ACTIVATED BY AN ELECTRICAL CIRCUIT. 45,091
(3) "ANNUAL MAINTENANCE EXPENDITURES" MEANS EXPENDITURES 45,093
MADE BY A RAILROAD COMPANY TO MAINTAIN ACTIVE GRADE CROSSING 45,094
WARNING DEVICES.
(B) THERE IS HEREBY GRANTED TO RAILROAD COMPANIES A CREDIT 45,096
AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED CODE 45,097
FOR THE MAINTENANCE OF ACTIVE GRADE CROSSING WARNING DEVICES IN 45,098
THIS STATE. THE CREDIT SHALL EQUAL TEN PER CENT OF THE SUM OF THE 45,101
ANNUAL MAINTENANCE EXPENDITURES FOR EACH ACTIVE GRADE CROSSING 45,102
WARNING DEVICE FOR WHICH SUCH EXPENDITURES WERE MADE DURING THE 45,104
TAXABLE YEAR, NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH DEVICE 45,105
IN THIS STATE FOR WHICH SUCH EXPENDITURES WERE MADE DURING THE
TAXABLE YEAR. THE CREDIT SHALL BE CLAIMED IN THE ORDER 45,108
PRESCRIBED BY SECTION 5733.98 OF THE REVISED CODE. THE CREDIT 45,109
SHALL NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER SECTION 45,110
5733.06 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER CREDITS 45,111
THAT PRECEDE THE CREDIT CLAIMED UNDER THIS SECTION IN THAT ORDER. 45,112
(C) A RAILROAD COMPANY CLAIMING THE CREDIT UNDER THIS 45,114
1027
SECTION SHALL COMPILE RECORDS OF THE ANNUAL MAINTENANCE 45,115
EXPENDITURES FOR WHICH THE CREDIT WAS CLAIMED AND SHALL KEEP 45,116
THOSE RECORDS FOR A PERIOD OF FOUR YEARS FOLLOWING THE END OF THE 45,117
TAX YEAR FOR WHICH THE CREDIT IS CLAIMED. THE RECORDS SHALL BE 45,118
OPEN TO INSPECTION TO THE TAX COMMISSIONER UPON THE TAX 45,119
COMMISSIONER'S REQUEST.
Sec. 5733.42. (A) AS USED IN THIS SECTION: 45,121
(1) "ELIGIBLE TRAINING PROGRAM" MEANS A PROGRAM TO PROVIDE 45,123
JOB SKILLS TO ELIGIBLE EMPLOYEES WHO ARE UNABLE EFFECTIVELY TO 45,124
FUNCTION ON THE JOB DUE TO SKILL DEFICIENCIES OR WHO WOULD 45,125
OTHERWISE BE DISPLACED BECAUSE OF THEIR SKILL DEFICIENCIES OR 45,126
INABILITY TO USE NEW TECHNOLOGY. ELIGIBLE TRAINING PROGRAMS DO 45,127
NOT INCLUDE EXECUTIVE, MANAGEMENT, CAREER DEVELOPMENT, OR 45,128
PERSONAL ENRICHMENT TRAINING PROGRAMS. 45,129
(2) "ELIGIBLE EMPLOYEE" MEANS AN INDIVIDUAL WHO IS 45,131
EMPLOYED IN THIS STATE BY A TAXPAYER AND HAS BEEN SO EMPLOYED BY 45,132
THE SAME TAXPAYER FOR AT LEAST ONE HUNDRED EIGHTY CONSECUTIVE 45,134
DAYS AND ON THE SAME JOB FOR AT LEAST NINETY CONSECUTIVE DAYS 45,135
WORKING AT LEAST TWENTY-FOUR HOURS PER WEEK. "ELIGIBLE EMPLOYEE" 45,136
DOES NOT INCLUDE ANY EMPLOYEE FOR WHICH A CREDIT IS CLAIMED 45,137
PURSUANT TO DIVISION (A)(5) OF SECTION 5709.65 OF THE REVISED 45,139
CODE FOR ALL OR ANY PART OF THE SAME YEAR, OR EXECUTIVE OR 45,140
MANAGERIAL PERSONNEL EXCEPT FOR THE IMMEDIATE SUPERVISORS OF 45,141
NONEXECUTIVE, NONMANAGERIAL PERSONNEL. 45,142
(3) "ELIGIBLE TRAINING COSTS" MEANS: 45,144
(a) DIRECT INSTRUCTIONAL COSTS, SUCH AS INSTRUCTOR 45,146
SALARIES, MATERIALS AND SUPPLIES, TEXTBOOKS AND MANUALS, 45,148
VIDEOTAPES, AND OTHER INSTRUCTIONAL MEDIA AND TRAINING EQUIPMENT 45,149
USED EXCLUSIVELY FOR THE PURPOSE OF TRAINING ELIGIBLE EMPLOYEES; 45,150
(b) WAGES PAID TO ELIGIBLE EMPLOYEES FOR TIME DEVOTED 45,152
EXCLUSIVELY TO AN ELIGIBLE TRAINING PROGRAM DURING NORMAL PAID 45,155
WORKING HOURS.
(B) THERE IS HEREBY ALLOWED A NONREFUNDABLE CREDIT AGAINST 45,158
THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED CODE FOR 45,160
1028
TAXPAYERS FOR WHICH A TAX CREDIT CERTIFICATE IS ISSUED UNDER
DIVISION (C) OF THIS SECTION. THE CREDIT SHALL BE CLAIMED FOR 45,163
THE TAX YEAR IMMEDIATELY FOLLOWING THE CALENDAR YEAR IN WHICH THE 45,164
TAXPAYER PAYS OR INCURS THE ELIGIBLE TRAINING COSTS FOR WHICH THE 45,165
CREDIT IS BEING CLAIMED. THE AMOUNT OF THE CREDIT SHALL EQUAL 45,167
ONE-HALF OF THE EXCESS OF (1) ELIGIBLE TRAINING COSTS PAID OR 45,169
INCURRED DURING THE CALENDAR YEAR IMMEDIATELY PRECEDING THE TAX
YEAR FOR WHICH THE CREDIT IS CLAIMED, OVER (2) THE TAXPAYER'S 45,170
AVERAGE ANNUAL ELIGIBLE TRAINING COSTS FOR THE THREE PRECEDING 45,171
CALENDAR YEARS. THE CREDIT ALLOWED SHALL NOT EXCEED FIVE HUNDRED 45,172
DOLLARS TIMES THE NUMBER OF ELIGIBLE EMPLOYEES ON ACCOUNT OF WHOM 45,173
ELIGIBLE TRAINING COSTS WERE PAID OR INCURRED DURING THE CALENDAR 45,174
YEAR IMMEDIATELY PRECEDING THE TAX YEAR FOR WHICH THE CREDIT IS 45,175
CLAIMED, AND SHALL NOT EXCEED THE LESSER OF ONE HUNDRED THOUSAND 45,177
DOLLARS OR ONE-HALF OF THE TAXPAYER'S TAX LIABILITY UNDER SECTION 45,178
5733.06 OF THE REVISED CODE FOR THE PRECEDING TAX YEAR. 45,179
(C) A TAXPAYER WHO PROPOSES TO CONDUCT AN ELIGIBLE 45,181
TRAINING PROGRAM MAY APPLY TO THE DIRECTOR OF JOB AND FAMILY 45,182
SERVICES FOR A TAX CREDIT CERTIFICATE UNDER THIS SECTION. THE 45,185
TAXPAYER MAY APPLY FOR SUCH A CERTIFICATE FOR EACH TAX YEAR WITH 45,186
RESPECT TO A CALENDAR YEAR IN WHICH THE TAXPAYER PAID OR INCURRED
ELIGIBLE TRAINING COSTS, SUBJECT TO DIVISION (L) OF THIS SECTION. 45,187
THE DIRECTOR SHALL PRESCRIBE THE FORM OF THE APPLICATION, WHICH 45,189
SHALL REQUIRE A DETAILED DESCRIPTION OF THE PROPOSED TRAINING 45,190
PROGRAM. THE DIRECTOR MAY REQUIRE APPLICANTS TO REMIT AN 45,191
APPLICATION FEE WITH EACH APPLICATION FILED WITH THE DIRECTOR. 45,192
THE FEE SHALL NOT EXCEED THE REASONABLE AND NECESSARY EXPENSES 45,193
INCURRED BY THE DIRECTOR IN RECEIVING, REVIEWING, AND APPROVING 45,194
SUCH APPLICATIONS AND ISSUING TAX CREDIT CERTIFICATES. PROCEEDS 45,195
FROM FEES SHALL BE USED SOLELY FOR THE PURPOSE OF RECEIVING, 45,196
REVIEWING, AND APPROVING SUCH APPLICATIONS AND ISSUING SUCH 45,197
CERTIFICATES.
AFTER RECEIPT OF AN APPLICATION, THE DIRECTOR SHALL 45,200
AUTHORIZE A CREDIT UNDER THIS SECTION BY ISSUING A TAX CREDIT 45,201
1029
CERTIFICATE, IN THE FORM PRESCRIBED BY THE DIRECTOR, IF THE 45,204
DIRECTOR DETERMINES ALL OF THE FOLLOWING:
(1) THE TAXPAYER'S PRIMARY BUSINESS ACTIVITY FALLS WITHIN 45,206
ONE OF THE FOLLOWING CLASSIFICATIONS IN THE STANDARD INDUSTRIAL 45,208
CLASSIFICATION MANUAL (1987) PUBLISHED BY THE UNITED STATES 45,210
OFFICE OF MANAGEMENT AND BUDGET IN THE EXECUTIVE OFFICE OF THE 45,212
PRESIDENT:
(a) DIVISION D MANUFACTURING 45,215
(b) DIVISION H FINANCE, INSURANCE, AND REAL 45,217
ESTATE
(c) MAJOR GROUP 73 BUSINESS SERVICES 45,219
(d) MAJOR GROUP 81 LEGAL SERVICES 45,221
(e) MAJOR GROUP 87 ENGINEERING, ACCOUNTING, 45,223
RESEARCH, MANAGEMENT, AND 45,224
RELATED SERVICES
(2) THE PROPOSED TRAINING PROGRAM IS AN ELIGIBLE TRAINING 45,227
PROGRAM UNDER THIS SECTION; 45,228
(3) THE PROPOSED TRAINING PROGRAM IS ECONOMICALLY SOUND 45,230
AND WILL BENEFIT THE PEOPLE OF THIS STATE BY IMPROVING WORKFORCE 45,231
SKILLS AND STRENGTHENING THE ECONOMY OF THIS STATE; 45,232
(4) RECEIVING THE TAX CREDIT IS A MAJOR FACTOR IN THE 45,234
TAXPAYER'S DECISION TO GO FORWARD WITH THE TRAINING PROGRAM; 45,235
(5) AUTHORIZATION OF THE CREDIT IS CONSISTENT WITH 45,237
DIVISION (H) OF THIS SECTION. 45,238
(D) IF THE DIRECTOR OF JOB AND FAMILY SERVICES DETERMINES 45,240
THAT AN AUTHORIZED TRAINING PROGRAM, AS ACTUALLY CONDUCTED, FAILS 45,242
TO MEET THE REQUIREMENTS OF THIS SECTION OR TO COMPLY WITH ANY 45,243
CONDITION SET FORTH IN THE AUTHORIZATION, THE DIRECTOR MAY REDUCE 45,244
THE AMOUNT OF THE TAX CREDIT PREVIOUSLY GRANTED. IF THE DIRECTOR 45,246
REDUCES A TAX CREDIT, THE DIRECTOR SHALL CERTIFY THE REDUCTION TO 45,247
THE TAX COMMISSIONER, AND THE TAX COMMISSIONER SHALL REDUCE THE 45,248
CREDIT THAT MAY BE CLAIMED BY THE TAXPAYER ACCORDINGLY. 45,250
(E) FINANCIAL STATEMENTS AND OTHER INFORMATION SUBMITTED 45,252
BY AN APPLICANT TO THE DIRECTOR OF JOB AND FAMILY SERVICES FOR A 45,253
1030
TAX CREDIT UNDER THIS SECTION, AND ANY INFORMATION TAKEN FOR ANY 45,255
PURPOSE FROM SUCH STATEMENTS OR INFORMATION, ARE NOT PUBLIC 45,256
RECORDS SUBJECT TO SECTION 149.43 OF THE REVISED CODE. HOWEVER, 45,257
THE DIRECTOR OF JOB AND FAMILY SERVICES OR THE TAX COMMISSIONER 45,259
MAY MAKE USE OF THE STATEMENTS AND OTHER INFORMATION FOR PURPOSES 45,260
OF ISSUING PUBLIC REPORTS OR IN CONNECTION WITH COURT PROCEEDINGS 45,261
CONCERNING TAX CREDITS ALLOWED UNDER THIS SECTION. 45,262
(F) THE DIRECTOR OF JOB AND FAMILY SERVICES, IN ACCORDANCE 45,265
WITH CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES 45,266
NECESSARY TO IMPLEMENT THIS SECTION. AT THE TIME THE DIRECTOR 45,268
GIVES PUBLIC NOTICE UNDER DIVISION (A) OF SECTION 119.03 OF THE 45,270
REVISED CODE OF THE ADOPTION OF THE RULES, THE DIRECTOR SHALL 45,271
SUBMIT COPIES OF THE PROPOSED RULES TO THE CHAIRPERSONS AND 45,272
RANKING MINORITY MEMBERS OF THE STANDING COMMITTEES IN THE SENATE 45,274
AND THE HOUSE OF REPRESENTATIVES TO WHICH LEGISLATION ON ECONOMIC
DEVELOPMENT MATTERS ARE CUSTOMARILY REFERRED. 45,275
(G) ON OR BEFORE THE THIRTIETH DAY OF SEPTEMBER OF 2001, 45,277
2002, 2003, AND 2004, THE DIRECTOR OF JOB AND FAMILY SERVICES 45,278
SHALL SUBMIT A REPORT TO THE GOVERNOR, THE PRESIDENT OF THE 45,280
SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ON THE 45,281
TAX CREDIT PROGRAM UNDER THIS SECTION. THE REPORT SHALL INCLUDE 45,282
INFORMATION ON THE NUMBER OF TRAINING PROGRAMS THAT WERE
AUTHORIZED UNDER THIS SECTION DURING THE PRECEDING CALENDAR YEAR, 45,283
A DESCRIPTION OF EACH AUTHORIZED TRAINING PROGRAM, THE DOLLAR 45,284
AMOUNTS OF THE CREDITS GRANTED, AND AN ESTIMATE OF THE IMPACT OF 45,285
THE CREDITS ON THE ECONOMY OF THIS STATE. 45,286
(H) THE AGGREGATE AMOUNT OF CREDITS AUTHORIZED UNDER THE 45,288
SECTION SHALL NOT EXCEED TWENTY MILLION DOLLARS PER CALENDAR 45,289
YEAR. NO MORE THAN TEN MILLION DOLLARS IN CREDITS PER CALENDAR 45,290
YEAR SHALL BE AUTHORIZED FOR CORPORATIONS ENGAGED PRIMARILY IN 45,291
MANUFACTURING. NO LESS THAN FIVE MILLION DOLLARS IN CREDITS PER 45,292
CALENDAR YEAR SHALL BE SET ASIDE FOR CORPORATIONS ENGAGED 45,293
PRIMARILY IN ACTIVITIES OTHER THAN MANUFACTURING AND HAVING FEWER 45,294
THAN FIVE HUNDRED EMPLOYEES. SUBJECT TO SUCH LIMITS, CREDITS 45,295
1031
SHALL BE AUTHORIZED FOR APPLICANTS MEETING THE REQUIREMENTS OF 45,296
THIS SECTION IN THE ORDER IN WHICH THEY SUBMIT COMPLETE AND 45,297
ACCURATE APPLICATIONS. 45,298
(I) A NONREFUNDABLE CREDIT ALLOWED UNDER THIS SECTION 45,301
SHALL BE CLAIMED IN THE ORDER REQUIRED UNDER SECTION 5733.98 OF 45,302
THE REVISED CODE.
(J) THE TAXPAYER MAY CARRY FORWARD ANY CREDIT AMOUNT IN 45,304
EXCESS OF ITS TAX DUE AFTER ALLOWING FOR ANY OTHER CREDITS THAT 45,305
PRECEDE THE CREDIT UNDER THIS SECTION IN THE ORDER REQUIRED UNDER 45,306
SECTION 5733.98 OF THE REVISED CODE. THE EXCESS CREDIT MAY BE 45,308
CARRIED FORWARD FOR THREE YEARS FOLLOWING THE TAX YEAR FOR WHICH 45,309
IT IS CLAIMED UNDER THIS SECTION. 45,310
(K) IN THE CASE OF A QUALIFYING CONTROLLED GROUP, THE 45,313
CREDIT ALLOWED UNDER THIS SECTION TO TAXPAYERS IN THE QUALIFYING 45,314
CONTROLLED GROUP SHALL BE COMPUTED AS IF ALL CORPORATIONS IN THE 45,315
QUALIFYING CONTROLLED GROUP WERE A CONSOLIDATED, SINGLE TAXPAYER. 45,316
THE CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYERS IN ANY AMOUNT 45,317
ELECTED FOR THE TAXABLE YEAR BY THE QUALIFYING CONTROLLED GROUP. 45,318
THE ELECTION SHALL BE REVOCABLE AND AMENDABLE DURING THE PERIOD 45,319
PRESCRIBED BY DIVISION (B) OF SECTION 5733.12 OF THE REVISED 45,320
CODE.
(L) THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL NOT 45,323
AUTHORIZE ANY CREDITS UNDER THIS SECTION FOR ELIGIBLE TRAINING 45,324
COSTS PAID OR INCURRED AFTER DECEMBER 31, 2003. 45,325
Sec. 5733.98. (A) To provide a uniform procedure for 45,334
calculating the amount of tax imposed by section 5733.06 of the 45,335
Revised Code that is due under this chapter, a taxpayer shall 45,337
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised 45,338
Code:
(1) The credit for taxes paid by a qualifying pass-through 45,340
entity allowed under section 5733.0611 of the Revised Code; 45,341
(2) The credit for qualifying affiliated groups under 45,343
section 5733.068 of the Revised Code; 45,344
1032
(3) The subsidiary corporation credit under section 45,346
5733.067 of the Revised Code; 45,347
(4) The savings and loan assessment credit under section 45,349
5733.063 of the Revised Code; 45,350
(5) The credit for recycling and litter prevention 45,352
donations under section 5733.064 of the Revised Code; 45,354
(6) The credit for employers that enter into agreements 45,357
with child day-care centers under section 5733.36 of the Revised 45,358
Code;
(7) The credit for employers that reimburse employee child 45,360
day-care expenses under section 5733.38 of the Revised Code; 45,362
(8) THE CREDIT FOR MAINTAINING RAILROAD ACTIVE GRADE 45,364
CROSSING WARNING DEVICES UNDER SECTION 5733.39 OF THE REVISED 45,365
CODE;
(9) The credit for manufacturing investments under section 45,367
5733.061 of the Revised Code; 45,368
(9)(10) The credit for purchases of new manufacturing 45,370
machinery and equipment under section 5733.31 or section 5733.311 45,371
of the Revised Code; 45,372
(10)(11) The second credit for purchases of new 45,374
manufacturing machinery and equipment under section 5733.33 of 45,376
the Revised Code;
(11)(12) THE JOB TRAINING CREDIT UNDER SECTION 5733.42 OF 45,378
THE REVISED CODE; 45,380
(12)(13) THE CREDIT FOR QUALIFIED RESEARCH EXPENSES UNDER 45,382
SECTION 5733.351 OF THE REVISED CODE; 45,384
(14) The enterprise zone credit under section 5709.66 of 45,386
the Revised Code; 45,387
(12)(15) The credit for the eligible costs associated with 45,389
a voluntary action under section 5733.34 of the Revised Code; 45,391
(13)(16) The credit for employers that establish on-site 45,393
child day-care under section 5733.37 of the Revised Code; 45,395
(14)(17) The credit for purchases of qualifying grape 45,397
production property under section 5733.32 of the Revised Code; 45,398
1033
(15)(18) The export sales credit under section 5733.069 of 45,400
the Revised Code; 45,401
(16)(19) The credit for research and development and 45,403
technology transfer investors under section 5733.35 of the 45,404
Revised Code;
(17)(20) The enterprise zone credits under section 5709.65 45,406
of the Revised Code; 45,407
(18)(21) The refundable jobs creation credit under section 45,409
5733.0610 of the Revised Code. 45,410
(B) For any credit except the refundable jobs creation 45,412
credit, the amount of the credit for a tax year shall not exceed 45,413
the tax due after allowing for any other credit that precedes it 45,414
in the order required under this section. Any excess amount of a 45,415
particular credit may be carried forward if authorized under the 45,416
section creating that credit. 45,417
Sec. 5739.31. (A)(1) No person shall engage in the 45,426
business of selling at retail or sell at retail incidental to any 45,427
other regularly conducted business without having a license 45,428
therefor, as required by sections 5739.01 to 5739.31 of the 45,429
Revised Code. 45,430
(2) No person shall engage in the business of selling at 45,432
retail as a transient vendor, as defined in division (B) of 45,433
section 5739.17 of the Revised Code, without first having 45,434
obtained a license as required by that section. 45,435
(3) No person shall engage in the business of selling at 45,437
retail as a limited vendor as defined in division (B) of section 45,438
5739.17 of the Revised Code, without first having a license as 45,439
required by that section. 45,440
(B) No person shall continue to engage in the business of 45,442
selling at retail or sell at retail incidental to any other 45,443
regularly conducted business after the license issued to that 45,444
person pursuant to section 5739.17 of the Revised Code has been 45,445
revoked under section 5739.19 of the Revised Code or while the 45,446
license is suspended by the tax commissioner under division 45,447
1034
(B)(2) of section 5739.30 of the Revised Code, nor shall any 45,448
person obtain a new license from the county auditor OR THE TAX 45,449
COMMISSIONER while such revocation or suspension is in effect. 45,451
If a corporation's license has been revoked or suspended, none of 45,452
its officers, or employees having control or supervision of or 45,453
charged with the responsibility of filing returns and making 45,454
payments of tax due, shall obtain a license from the county 45,455
auditor OR THE TAX COMMISSIONER during the period of such 45,457
revocation or suspension.
Sec. 5741.02. (A) For the use of the general revenue fund 45,466
of the state, an excise tax is hereby levied on the storage, use, 45,467
or other consumption in this state of tangible personal property 45,468
or the benefit realized in this state of any service provided. 45,469
The tax shall be collected pursuant to the schedules in section 45,470
5739.025 of the Revised Code. 45,471
(B) Each consumer, storing, using, or otherwise consuming 45,473
in this state tangible personal property or realizing in this 45,474
state the benefit of any service provided, shall be liable for 45,475
the tax, and such liability shall not be extinguished until the 45,476
tax has been paid to this state; provided, that the consumer 45,477
shall be relieved from further liability for the tax if the tax 45,478
has been paid to a seller in accordance with section 5741.04 of 45,479
the Revised Code or prepaid by the seller in accordance with 45,480
section 5741.06 of the Revised Code. 45,481
(C) The tax does not apply to the storage, use, or 45,483
consumption in this state of the following described tangible 45,484
personal property or services, nor to the storage, use, or 45,485
consumption or benefit in this state of tangible personal 45,486
property or services purchased under the following described 45,487
circumstances: 45,488
(1) When the sale of property or service in this state is 45,490
subject to the excise tax imposed by sections 5739.01 to 5739.31 45,491
of the Revised Code, provided said tax has been paid; 45,492
(2) Except as provided in division (D) of this section, 45,494
1035
tangible personal property or services, the acquisition of which, 45,495
if made in Ohio, would be a sale not subject to the tax imposed 45,496
by sections 5739.01 to 5739.31 of the Revised Code; 45,497
(3) Property or services, the storage, use, or other 45,499
consumption of or benefit from which this state is prohibited 45,500
from taxing by the Constitution of the United States, laws of the 45,502
United States, or the Constitution of this state. This exemption 45,504
shall not exempt from the application of the tax imposed by this 45,505
section the storage, use, or consumption of tangible personal 45,506
property that was purchased in interstate commerce, but that has 45,508
come to rest in this state, provided that fuel to be used or 45,509
transported in carrying on interstate commerce that is stopped 45,511
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section 45,512
5739.02 of the Revised Code; 45,513
(4) Transient use of tangible personal property in this 45,515
state by a nonresident tourist or vacationer, or a non-business 45,516
use within this state by a nonresident of this state, if the 45,517
property so used was purchased outside this state for use outside 45,518
this state and is not required to be registered or licensed under 45,519
the laws of this state; 45,520
(5) Tangible personal property or services rendered upon 45,522
which taxes have been paid to another jurisdiction to the extent 45,523
of the amount of the tax paid to such other jurisdiction. Where 45,524
the amount of the tax imposed by this section and imposed 45,525
pursuant to section 5741.021, 5741.022, or 5741.023 of the 45,526
Revised Code exceeds the amount paid to another jurisdiction, the 45,527
difference shall be allocated between the tax imposed by this 45,528
section and any tax imposed by a county or a transit authority 45,529
pursuant to section 5741.021, 5741.022, or 5741.023 of the 45,530
Revised Code, in proportion to the respective rates of such 45,531
taxes. 45,532
As used in this subdivision, "taxes paid to another 45,534
jurisdiction" means the total amount of retail sales or use tax 45,535
1036
or similar tax based upon the sale, purchase, or use of tangible 45,536
personal property or services rendered legally, levied by and 45,537
paid to another state or political subdivision thereof, or to the 45,538
District of Columbia, where the payment of such tax does not 45,539
entitle the taxpayer to any refund or credit for such payment. 45,540
(6) The transfer of a used manufactured home or used 45,542
mobile home, as defined by section 5739.0210 of the Revised Code, 45,543
made on or after January 1, 2000; 45,544
(7) DRUGS THAT ARE OR ARE INTENDED TO BE DISTRIBUTED FREE 45,546
OF CHARGE TO A PRACTITIONER LICENSED TO PRESCRIBE, DISPENSE, AND 45,547
ADMINISTER DRUGS TO A HUMAN BEING IN THE COURSE OF A PROFESSIONAL 45,548
PRACTICE AND THAT BY LAW MAY BE DISPENSED ONLY BY OR UPON THE 45,549
ORDER OF SUCH A PRACTITIONER.
(D) The tax applies to the storage, use, or other 45,551
consumption in this state of tangible personal property or 45,552
services, the acquisition of which at the time of sale was 45,553
excepted under division (E)(1) of section 5739.01 of the Revised 45,554
Code from the tax imposed by section 5739.02 of the Revised Code, 45,555
but which has subsequently been temporarily or permanently 45,556
stored, used, or otherwise consumed in a taxable manner. 45,557
(E) For the purpose of the proper administration of 45,559
sections 5741.01 to 5741.22 of the Revised Code, and to prevent 45,560
the evasion of the tax hereby levied, it shall be presumed that 45,561
any use, storage, or other consumption of tangible personal 45,562
property in this state is subject to the tax until the contrary 45,563
is established. 45,564
Sec. 5743.08. Whenever the tax commissioner discovers any 45,573
cigarettes, subject to the taxes levied under section 5743.02, 45,574
5743.023, 5743.024, or 5743.026 of the Revised Code, and upon 45,576
which the taxes have not been paid, the commissioner may seize 45,577
and take possession of such cigarettes, which shall thereupon be 45,578
forfeited to the state, and the commissioner may within a 45,579
reasonable time thereafter, by a notice posted upon the premises 45,580
where such seizure is made, or by publication in some newspaper 45,581
1037
having circulation in the county in which such seizure is made, 45,582
at least five days before the day of the sale, sell such THE 45,583
forfeited cigarettes, and from. FROM the proceeds of such THE 45,586
sale, THE TAX COMMISSIONER shall collect the taxes due thereon, 45,588
together with a penalty of one hundred per cent and PAY the costs 45,589
incurred in such proceedings, and pay the balance to the person 45,590
in whose possession such forfeited cigarettes were found ANY 45,591
PROCEEDS REMAINING AFTER THE COSTS ARE PAID SHALL BE CONSIDERED 45,592
AS REVENUE ARISING FROM THE TAX; provided that such THE seizure 45,594
and sale shall not be deemed to relieve any person from the fine 45,595
or imprisonment provided for violation of sections 5743.01 to 45,596
5743.20 of the Revised Code. Such THE sale shall be made in the 45,597
county where it is most convenient and economical. Except to the 45,599
extent that any county or convention facilities authority tax was 45,600
owed on such cigarettes, money collected under this section shall 45,602
be paid into the state treasury. If any county or convention 45,603
facilities authority tax was owed on such cigarettes, an amount 45,604
equal to the amount of the county or convention facilities 45,605
authority tax owed shall be paid to the county or convention 45,606
facilities authority levying the tax. The tax commissioner may 45,607
order the destruction of the forfeited cigarettes if the quantity 45,608
OR QUALITY of THE cigarettes is not sufficient to warrant their 45,610
sale.
Sec. 5743.14. (A) THE TAX COMMISSIONER MAY INSPECT ANY 45,619
PLACE WHERE CIGARETTES SUBJECT TO THE TAX LEVIED UNDER SECTION 45,620
5743.02, 5743.023, 5743.024, OR 5743.026 OF THE REVISED CODE ARE 45,621
SOLD OR STORED.
(B) No person shall prevent or hinder the tax commissioner 45,623
from making a full inspection of any place where cigarettes 45,624
subject to the tax levied under section 5743.02, 5743.023, 45,625
5743.024, or 5743.026 of the Revised Code are sold or stored, or 45,627
prevent or hinder the full inspection of invoices, books,
records, or papers required to be kept by sections 5743.01 to 45,628
5743.20 of the Revised Code. 45,629
1038
Sec. 5743.55. Whenever the tax commissioner discovers any 45,638
tobacco products, subject to the tax levied under section 45,639
5743.51, 5743.62, or 5743.63 of the Revised Code, and upon which 45,640
the tax has not been paid or the commissioner has reason to 45,641
believe the tax is being avoided, the commissioner may seize and 45,642
take possession of the tobacco products, which, upon seizure, 45,643
shall be forfeited to the state. Within a reasonable time after 45,644
seizure, the commissioner may sell the forfeited tobacco 45,646
products, by a notice posted upon the premises where the seizure
is made or by publication in a newspaper of general circulation 45,647
in the county in which this seizure is made at least five days 45,648
before the day of the sale. The. FROM THE proceeds from OF this 45,650
sale, THE TAX COMMISSIONER SHALL PAY THE COSTS INCURRED IN THE 45,651
SEIZURE AND SALE, AND ANY PROCEEDS REMAINING AFTER THE SALE shall 45,652
be considered as revenue arising from the tax. The seizure and 45,653
sale shall not relieve any person from the fine or imprisonment 45,654
provided for violation of sections 5743.51 to 5743.66 of the 45,655
Revised Code. The commissioner shall make the sale in the county 45,656
where it is most convenient and economical, but may order the 45,657
destruction of the forfeited tobacco products if the quantity or 45,658
quality of tobacco products is not sufficient to warrant their 45,659
sale. 45,660
Sec. 5743.59. (A) No retail dealer of tobacco products 45,669
shall have in his THE RETAIL DEALER'S possession tobacco products 45,671
on which the tax imposed by section 5743.51 of the Revised Code 45,672
has not been paid, unless the retail dealer is licensed under
section 5743.61 of the Revised Code. Payment may be evidenced by 45,673
invoices from distributors stating the tax has been paid. 45,675
(B) THE TAX COMMISSIONER MAY INSPECT ANY PLACE WHERE 45,677
TOBACCO PRODUCTS SUBJECT TO THE TAX LEVIED UNDER SECTION 5743.51 45,678
OF THE REVISED CODE ARE SOLD OR STORED.
(C) No person shall prevent or hinder the tax commissioner 45,680
from making a full inspection of any place where tobacco products 45,682
subject to the tax imposed by section 5743.51 of the Revised Code 45,683
1039
are sold or stored, or prevent or hinder the full inspection of 45,684
invoices, books, or records required to be kept by section 45,685
5743.54 of the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10, 45,694
5743.11, or 5743.12 or division (C) of section 5743.54 of the 45,696
Revised Code is guilty of a misdemeanor of the first degree. If 45,697
the offender has been previously convicted of an offense under 45,698
this division, violation is a felony of the fourth degree. 45,699
(B) Whoever violates section 5743.111, 5743.112, 5743.13, 45,701
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a 45,702
felony of the fourth degree. If the offender has been previously 45,703
convicted of an offense under this division, violation is a 45,704
felony of the second degree. 45,705
(C) Whoever violates section 5743.41 or 5743.42 of the 45,707
Revised Code is guilty of a misdemeanor of the fourth degree. If 45,708
the offender has been previously convicted of an offense under 45,709
this division, violation is a misdemeanor of the third degree. 45,710
(D) Whoever violates section 5743.21 of the Revised Code 45,712
is guilty of a misdemeanor of the first degree. If the offender 45,715
has been previously convicted of an offense under this division, 45,716
violation is a felony of the fifth degree.
(E) Whoever violates any provision of this chapter, or any 45,718
rule promulgated by the tax commissioner under authority of this 45,719
chapter, for the violation of which no penalty is provided 45,720
elsewhere, is guilty of a misdemeanor of the fourth degree. 45,721
(F) In addition to any other penalty imposed upon a person 45,723
convicted of a violation of section 5743.112 or 5743.60 of the 45,724
Revised Code who was the operator of a motor vehicle used in the 45,725
violation, the registrar of motor vehicles shall suspend any 45,726
driver's or commercial driver's license issued to the offender 45,727
pursuant to the order and determination of the trial judge of any 45,728
court of record as provided in section 4507.16 of the Revised 45,729
Code. 45,730
Sec. 5747.11. (A) The tax commissioner shall refund to 45,739
1040
employers, qualifying entities, or taxpayers, with respect to any 45,741
tax imposed under section 5733.41, 5747.02, or 5747.41, or 45,742
Chapter 5748. of the Revised Code: 45,743
(1) Overpayments of more than one dollar; 45,745
(2) Amounts in excess of one dollar paid illegally or 45,747
erroneously; 45,748
(3) Amounts in excess of one dollar paid on an illegal, 45,750
erroneous, or excessive assessment. 45,751
(B) Except as otherwise provided under divisions (D) and 45,753
(E) of this section, applications for refund shall be filed with 45,754
the tax commissioner, on the form prescribed by the commissioner, 45,755
within four years from the date of the illegal, erroneous, or 45,756
excessive payment of the tax, or within any additional period 45,757
allowed by division (B)(3)(b) of section 5747.05, division (B) of 45,758
section 5747.10, division (A) of section 5747.13, or division (C) 45,759
of section 5747.45 of the Revised Code. 45,760
On filing of the refund application, the commissioner shall 45,762
determine the amount of refund due and certify such amount to the 45,763
director of budget and management and treasurer of state for 45,764
payment from the tax refund fund created by section 5703.052 of 45,765
the Revised Code. PAYMENT SHALL BE MADE AS PROVIDED IN DIVISION 45,766
(C) OF SECTION 117.45 OF THE REVISED CODE. 45,767
(C)(1) Interest shall be allowed and paid upon any illegal 45,769
or erroneous assessment in excess of one dollar in respect of the 45,770
tax imposed under section 5747.02 or Chapter 5748. of the Revised 45,772
Code at the rate per annum prescribed by section 5703.47 of the 45,773
Revised Code from the date of the payment of the illegal or 45,774
erroneous assessment until the date the refund of such amount is 45,775
paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an 45,776
employer or taxpayer, rather than from an assessment by the 45,777
commissioner, such interest shall run from a period ninety days 45,778
after the final filing date of the annual return until the date 45,779
the refund is paid. 45,780
1041
(2) Interest shall be allowed and paid at the rate per 45,782
annum prescribed by section 5703.47 of the Revised Code upon any 45,783
overpayment in excess of one dollar in respect of the tax imposed 45,784
under section 5747.02 or Chapter 5748. of the Revised Code from 45,785
the date of the overpayment until the date of the refund of the 45,786
overpayment, except that if any overpayment is refunded within 45,787
ninety days after the final filing date of the annual return or 45,788
ninety days after the return is filed, whichever is later, no 45,789
interest shall be allowed on such overpayment. If the 45,790
overpayment results from the carryback of a net operating loss or 45,791
net capital loss to a previous taxable year, the overpayment is 45,792
deemed not to have been made prior to the filing date, including 45,793
any extension thereof, for the taxable year in which the net 45,794
operating loss or net capital loss arises. For purposes of the 45,795
payment of interest on overpayments, no amount of tax, for any 45,796
taxable year, shall be treated as having been paid before the 45,797
date on which the tax return for that year was due without regard 45,798
to any extension of time for filing such return. 45,799
(3) Interest shall be allowed at the rate per annum 45,801
prescribed by section 5703.47 of the Revised Code on amounts 45,802
refunded with respect to the taxes imposed under sections 5733.41 45,804
and 5747.41 of the Revised Code. The interest shall run from
whichever of the following days is the latest until the day the 45,806
refund is paid: the day the illegal, erroneous, or excessive 45,807
payment was made; the ninetieth day after the final day the 45,808
annual report was required to be filed under section 5747.42 of 45,809
the Revised Code; or the ninetieth day after the day that report 45,810
was filed.
(D) "Ninety days" shall be substituted for "four years" in 45,812
division (B) of this section if the taxpayer satisfies both of 45,813
the following conditions:
(1) The taxpayer has applied for a refund based in whole 45,815
or in part upon section 5747.059 of the Revised Code; 45,816
(2) The taxpayer asserts that either the imposition or 45,818
1042
collection of the tax imposed or charged by this chapter or any 45,819
portion of such tax violates the Constitution of the United 45,820
States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all 45,822
of the following conditions are satisfied: 45,823
(a) A qualifying entity pays an amount of the tax imposed 45,825
by section 5733.41 or 5747.41 of the Revised Code; 45,826
(b) The taxpayer is a qualifying investor as to that 45,828
qualifying entity;
(c) The taxpayer did not claim the credit provided for in 45,830
section 5747.059 of the Revised Code as to the tax described in 45,831
division (E)(1)(a) of this section; 45,832
(d) The four-year period described in division (B) of this 45,834
section has ended as to the taxable year for which the taxpayer 45,835
otherwise would have claimed that credit. 45,836
(2) A taxpayer shall file an application for refund 45,838
pursuant to division (E) of this section within one year after 45,839
the date the payment described in division (E)(1)(a) of this 45,840
section is made. An application filed under division (E)(2) of 45,841
this section shall claim refund only of overpayments resulting 45,842
from the taxpayer's failure to claim the credit described in
division (E)(1)(c) of this section. Nothing in division (E) of 45,843
this section shall be construed to relieve a taxpayer from 45,844
complying with division (A)(16) of section 5747.01 of the Revised 45,845
Code.
Sec. 5749.02. (A) For the purpose of providing revenue to 45,854
administer the state's coal mining and reclamation regulatory 45,855
program, to meet the environmental and resource management needs 45,856
of this state, and to reclaim land affected by mining, an excise 45,857
tax is hereby levied on the privilege of engaging in the 45,858
severance of natural resources from the soil or water of this 45,859
state. The tax shall be imposed upon the severer and shall be: 45,860
(1) Seven cents per ton of coal; 45,862
(2) Four cents per ton of salt; 45,864
1043
(3) Two cents per ton of limestone or dolomite; 45,866
(4) Two cents per ton of sand and gravel; 45,868
(5) Ten cents per barrel of oil; 45,870
(6) Two and one-half cents per thousand cubic feet of 45,872
natural gas; 45,873
(7) One cent per ton of clay, sandstone or conglomerate, 45,875
shale, gypsum, or quartzite. 45,876
(B) Of the moneys received by the treasurer of state from 45,878
the tax levied in division (A)(1) of this section, six and 45,879
three-tenths per cent shall be credited to the geological mapping 45,880
fund created in section 1505.09 of the Revised Code, fourteen and 45,881
two-tenths per cent shall be credited to the reclamation 45,883
supplemental forfeiture fund created in division (B) of section 45,884
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 45,885
shall be credited to the coal mining administration and 45,886
reclamation reserve fund created in section 1513.181 of the 45,887
Revised Code, and the remainder shall be credited to the 45,888
unreclaimed lands fund created in section 1513.30 of the Revised 45,889
Code. When, within ten days before or after the beginning of a 45,890
fiscal year, the chief of the division of mines and reclamation 45,891
finds that the balance of the coal mining administration and 45,892
reclamation reserve fund is below two million dollars, the chief 45,893
shall certify that fact to the director of budget and management. 45,894
Upon receipt of the chief's certification, the director shall 45,895
direct the treasurer of state to instead credit to the coal 45,896
mining administration and reclamation reserve fund during the 45,897
fiscal year for which the certification is made the fourteen and 45,898
two-tenths per cent of the moneys collected from the tax levied 45,899
in division (A)(1) of this section and otherwise required by this 45,900
division to be credited to the reclamation supplemental 45,901
forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 45,903
state from the tax levied in division (A)(2) of this section 45,904
shall be credited to the geological mapping fund and the 45,905
1044
remainder shall be credited to the unreclaimed lands fund. 45,906
Of the moneys received by the treasurer of state from the 45,908
tax levied in divisions (A)(3) and (4) of this section, seven and 45,909
five-tenths per cent shall be credited to the geological mapping 45,910
fund, forty-two and five-tenths per cent shall be credited to the 45,911
unreclaimed lands fund, and the remainder shall be credited to 45,912
the surface mining administration fund created in section 1514.11 45,913
of the Revised Code. 45,914
Of the moneys received by the treasurer of state from the 45,916
tax levied in divisions (A)(5) and (6) of this section, twenty 45,917
NINETY per cent shall be credited to the oil and gas well 45,918
plugging fund created in section 1509.071 1509.02 of the Revised 45,920
Code, AND ten per cent shall be credited to the geological 45,921
mapping fund, and seventy per cent shall be credited to the oil
and gas permit fund created in section 1509.02 of the Revised 45,923
Code. All of the moneys received by the treasurer of state from 45,924
the tax levied in division (A)(7) of this section shall be 45,925
credited to the surface mining administration fund. 45,926
(C) For the purpose of paying the state's expenses for 45,928
reclaiming mined lands that the operator failed to reclaim under 45,930
a coal mining and reclamation permit issued under Chapter 1513. 45,931
of the Revised Code, or under a surface mining permit issued 45,934
under Chapter 1514. of the Revised Code, for which the operator's 45,935
bond is not sufficient to pay the state's expense for 45,936
reclamation, there is hereby levied an excise tax on the 45,937
privilege of engaging in the severance of coal from the soil or 45,938
water of this state in addition to the taxes levied by divisions 45,939
(A)(1) and (D) of this section. The tax shall be imposed at the 45,940
rate of one cent per ton of coal. Moneys received by the 45,942
treasurer of state from the tax levied under this division shall 45,943
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 45,945
(D) For the purpose of paying the state's expenses for 45,947
reclaiming coal mined lands that the operator failed to reclaim 45,948
1045
in accordance with Chapter 1513. of the Revised Code under a coal 45,949
mining and reclamation permit issued after April 10, 1972, but 45,950
before September 1, 1981, for which the operator's bond is not 45,951
sufficient to pay the state's expense for reclamation and paying 45,952
the expenses for administering the state's coal mining and 45,953
reclamation regulatory program, there is hereby levied an excise 45,954
tax on the privilege of engaging in the severance of coal from 45,955
the soil or water of this state in addition to the taxes levied 45,956
by divisions (A)(1) and (C) of this section. The tax shall be 45,957
imposed at the rate of one cent per ton of coal as prescribed in 45,958
this division. Moneys received by the treasurer of state from 45,959
the tax levied by this division shall be credited to the 45,960
reclamation supplemental forfeiture fund created in division (B) 45,962
of section 1513.18 of the Revised Code. 45,963
When, at the close of any fiscal year, the chief finds that 45,965
the balance of the reclamation supplemental forfeiture fund, plus 45,967
estimated transfers to it from the coal mining and reclamation 45,968
reserve fund under section 1513.181 of the Revised Code, plus the 45,969
estimated revenues from the tax levied by this division for the 45,970
remainder of the calendar year that includes the close of the 45,971
fiscal year, are sufficient to complete the reclamation of such 45,972
lands, the purposes for which the tax under this division is 45,973
levied shall be deemed accomplished at the end of that calendar 45,974
year. The chief, within thirty days after the close of the 45,975
fiscal year, shall certify those findings to the tax 45,976
commissioner, and the tax shall cease to be imposed after the 45,978
last day of that calendar year.
(E) On the day fixed for the payment of the severance 45,980
taxes required to be paid by this section, the taxes with any 45,981
penalties or interest on them shall become a lien on all property 45,983
of the taxpayer in this state whether the property is employed by 45,985
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 45,986
creditors or stockholders. The lien shall continue until the 45,987
1046
taxes and any penalties or interest thereon are paid. 45,988
Upon failure of the taxpayer to pay a tax on the day fixed 45,990
for payment, the tax commissioner may file, for which no filing 45,991
fee shall be charged, in the office of the county recorder in 45,992
each county in this state in which the taxpayer owns or has a 45,993
beneficial interest in real estate, notice of the lien containing 45,994
a brief description of the real estate. The lien shall not be 45,995
valid as against any mortgagee, purchaser, or judgment creditor 45,996
whose rights have attached prior to the time the notice is filed 45,997
in the county in which the real estate that is the subject of the 45,999
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 46,000
"severance tax lien record" and indexed under the name of the 46,001
taxpayer charged with the tax. When the tax has been paid, the 46,002
tax commissioner shall furnish to the taxpayer an acknowledgement 46,003
of payment, which the taxpayer may record with the recorder of 46,004
each county in which notice of the lien has been filed. 46,005
Sec. 5907.11. (A) The superintendent of the Ohio 46,014
veterans' home, with the approval of the board of trustees of the 46,015
Ohio veterans' home, may establish a local fund to be used for 46,017
the entertainment and welfare of the residents of the Ohio 46,019
veterans' home. The fund shall be designated as the home
improvement RESIDENTS' BENEFIT fund and shall be operated for the 46,022
exclusive benefit of the residents of the Ohio veterans' home. 46,024
The fund shall receive all revenue from the sale of commissary 46,025
items and shall receive all moneys received as donations from any 46,026
source.
(B) THE RESIDENTS' BENEFIT FUND ALSO MAY BE USED TO 46,028
RECEIVE AND DISBURSE ANY DONATIONS MADE FOR EVENTS SPONSORED BY 46,029
THE OHIO VETERANS HALL OF FAME. 46,030
(C) The superintendent, subject to the approval of the 46,032
board of trustees, shall establish rules for the operation of the 46,034
home improvement RESIDENTS' BENEFIT fund. 46,035
Sec. 5907.13. Residents of the Ohio veterans' home may be 46,044
1047
assessed a fee to pay a portion of the expenses of their support, 46,045
dependent upon their ability to pay. Subject to controlling 46,046
board approval, the board of trustees of the Ohio veterans' home 46,047
shall adopt rules for determining a resident's ability to pay. 46,048
Each resident shall furnish the board of trustees such statements 46,049
of income, assets, debts, and expenses as THAT the board 46,050
requires. All 46,051
ALL fees contributed by the residents under this section 46,054
shall be deposited into an interest-bearing account in a public 46,055
depository in accordance with section 135.18 of the Revised Code. 46,056
All such OF THESE fees shall be paid to the treasurer of state 46,058
within thirty days after the end of the month of receipt, 46,059
together with all interest credited to the account to date. The 46,060
treasurer of state shall credit eighty per cent of these fees and 46,061
of this interest to the Ohio veterans' home operating fund and 46,062
twenty per cent OF THESE FEES AND OF THIS INTEREST to the Ohio 46,063
veterans' home fund. The 46,065
THE fee for each resident shall be based upon the level of 46,068
care received for domiciliary or nursing home services PROVIDED 46,069
TO THE RESIDENT BY THE HOME. THE BOARD OF TRUSTEES SHALL 46,070
DETERMINE AUTHORIZED LEVELS OF CARE FOR RESIDENTS. The assessment 46,071
for each resident shall not exceed the difference between the 46,072
total per diem amount collected by the state for maintenance from 46,073
all sources on the resident's behalf and the average annual per 46,074
diem cost for the resident's maintenance, computed in accordance 46,075
with veterans administration regulations.
Sec. 5907.141. (A) All money received from the United 46,084
States department of veterans affairs in per diem grants for 46,086
state home domiciliary and nursing home care THAT THE OHIO 46,088
VETERANS' HOME PROVIDES shall be deposited in the state treasury 46,089
to the credit of the Ohio veterans' home federal grant fund, 46,090
which is hereby created. Money credited to the fund shall be 46,091
used only for the operating costs of the Ohio veterans' home. 46,092
(B) ANY RESIDENT OF THE OHIO VETERANS' HOME WHOM THE 46,095
1048
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DETERMINES TO HAVE 46,096
EXCESS INCOME OR ASSETS, THEREFORE RENDERING THE HOME INELIGIBLE 46,097
TO COLLECT PER DIEM GRANT REIMBURSEMENT FOR DAYS OF CARE PROVIDED 46,098
TO THAT RESIDENT, IS REQUIRED TO PAY, IN ADDITION TO THE FEES 46,099
ASSESSED UNDER SECTION 5907.13 OF THE REVISED CODE, AN AMOUNT 46,100
EQUAL TO THE RATE OF PER DIEM GRANT THAT THE DEPARTMENT DENIED 46,101
FOR THAT PARTICULAR RESIDENT. ANY AMOUNT THAT THE RESIDENT PAYS 46,102
UNDER THIS DIVISION SHALL BE COLLECTED AND DISTRIBUTED IN THE 46,103
SAME MANNER AS THE FEES ASSESSED UNDER SECTION 5907.13 OF THE 46,104
REVISED CODE.
Sec. 5907.15. There is hereby created in the state 46,113
treasury the Ohio veterans VETERANS' home rental and, service 46,115
revenue, AND MEDICARE REIMBURSEMENT fund. Revenue generated from 46,118
temporary use agreements of the home, from the sale of meals at
the home's dining halls, and from rental, lease, or sharing 46,119
agreements for the use of facilities, supplies, equipment, 46,121
utilities, or services provided by the home, AND FROM MEDICARE 46,122
REIMBURSEMENTS shall be credited to the fund. The fund shall be 46,123
used only for maintenance costs of the home AND FOR THE PURCHASE 46,124
OF MEDICATIONS, MEDICAL SUPPLIES, AND MEDICAL EQUIPMENT BY THE 46,125
HOME.
Sec. 6109.01. As used in this chapter: 46,134
(A) "Public water system" means a system for the provision 46,136
to the public of piped water for human consumption THROUGH PIPES 46,137
OR OTHER CONSTRUCTED CONVEYANCES if the system has at least 46,139
fifteen service connections or regularly serves at least 46,140
twenty-five individuals. "Public water system" includes any 46,141
collection, treatment, storage, and distribution facilities under 46,142
control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment 46,143
storage facilities not under such control that are used primarily 46,145
in connection with the system, and any water supply system 46,146
serving an agricultural labor camp as defined in section 3733.41 46,147
of the Revised Code.
1049
(B) "Contaminant" means any physical, chemical, 46,149
biological, or radiological substance or matter in water. 46,150
(C) "Person" means the state, any political subdivision, 46,152
agency, institution, or instrumentality thereof, any federal 46,153
agency, and any person as defined in section 1.59 of the Revised 46,154
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking 46,156
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), as amended by 46,157
the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 46,158
U.S.C. 300(f), the "Safe Drinking Water Act Amendments of 1986," 46,159
100 Stat. 642, 42 U.S.C. 300(f), and the "Safe Drinking Water Act 46,160
Amendments of 1996," 110 Stat. 1613, 42 U.S.C. 300(f), and
regulations adopted under those acts. 46,161
(E) "Community water system" means a public water system 46,163
that has at least fifteen service connections used by year-round 46,164
residents or that regularly serves at least twenty-five 46,165
year-round residents.
(F) "Small system" means a public water system serving a 46,167
population of ten thousand or fewer individuals. 46,168
(G) "Technical assistance" means nonfinancial assistance 46,170
provided by the state to public water systems and other eligible 46,171
applicants, including, without limitation, assistance for 46,172
planning and design, development, and implementation of source 46,173
water quality protection programs; locating alternative supplies 46,174
of drinking water; operational training; restructuring or 46,175
consolidation of small systems; providing treatment information 46,176
in order to assist compliance with a national primary drinking 46,177
water standard; and other nonfinancial assistance authorized by 46,178
the requirements governing the funds established under this 46,179
chapter. 46,180
(H) "Disadvantaged community" means the service area or 46,182
portion of a service area of a public water system that meets 46,183
affordability and other criteria established by the director of 46,184
environmental protection in rules adopted under division (M) of 46,185
1050
section 6109.22 of the Revised Code and may include the service 46,186
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 46,187
Revised Code.
(I) "Director of environmental protection" or "director" 46,189
includes an authorized representative of the director. 46,190
(J) "Federal Water Pollution Control Act" has the same 46,192
meaning as in section 6111.01 of the Revised Code. 46,193
Sec. 6109.21. (A) Except as provided in divisions (D) and 46,203
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 46,204
without a license issued by the director of environmental 46,205
protection. A person who operates or maintains a public water 46,206
system on January 1, 1994, shall obtain an initial license under 46,207
this section in accordance with the following schedule: 46,208
(1) If the public water system is a community water 46,210
system, not later than January 31, 1994; 46,211
(2) If the public water system is not a community water 46,213
system and serves a nontransient population, not later than 46,214
January 31, 1994; 46,215
(3) If the public water system is not a community water 46,217
system and serves a transient population, not later than January 46,218
31, 1995. 46,219
A person proposing to operate or maintain a new public 46,221
water system after January 1, 1994, in addition to complying with 46,222
section 6109.07 of the Revised Code and rules adopted under it, 46,223
shall submit an application for an initial license under this 46,224
section to the director prior to commencing operation of the 46,225
system. 46,226
A license or license renewal issued under this section 46,228
shall be renewed annually. Such a license or license renewal 46,229
shall expire on the thirtieth day of January in the year 46,230
following its issuance. A license holder that proposes to 46,231
continue operating the public water system for which the license 46,232
1051
or license renewal was issued shall apply for a license renewal 46,233
at least thirty days prior to that expiration date. 46,234
The director shall adopt, and may amend and rescind, rules 46,236
in accordance with Chapter 119. of the Revised Code establishing 46,237
procedures governing and information to be included on 46,238
applications for licenses and license renewals under this 46,239
section. Through June 30, 2000 2002, each application shall be 46,241
accompanied by the appropriate fee established under division (M) 46,242
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 46,243
maintain a new public water system after January 1, 1994, shall 46,244
submit a fee that equals a prorated amount of the appropriate fee 46,245
established under that division for the remainder of the 46,246
licensing year. 46,247
(B) Not later than thirty days after receiving a completed 46,249
application and the appropriate license fee for an initial 46,250
license under division (A) of this section, the director shall 46,251
issue the license for the public water system. Not later than 46,252
thirty days after receiving a completed application and the 46,253
appropriate license fee for a license renewal under division (A) 46,254
of this section, the director shall do one of the following: 46,255
(1) Issue the license renewal for the public water system; 46,257
(2) Issue the license renewal subject to terms and 46,259
conditions that the director determines are necessary to ensure 46,260
compliance with this chapter and rules adopted under it; 46,261
(3) Deny the license renewal if the director finds that 46,263
the public water system was not operated in substantial 46,264
compliance with this chapter and rules adopted under it. 46,265
(C) The director may suspend or revoke a license or 46,267
license renewal issued under this section if the director finds 46,268
that the public water system was not operated in substantial 46,269
compliance with this chapter and rules adopted under it. The 46,270
director shall adopt, and may amend and rescind, rules in 46,271
accordance with Chapter 119. of the Revised Code governing such 46,272
1052
suspensions and revocations. 46,273
(D)(1) As used in division (D) of this section, "church" 46,275
means a fellowship of believers, congregation, society, 46,276
corporation, convention, or association that is formed primarily 46,277
or exclusively for religious purposes and that is not formed or 46,278
operated for the private profit of any person. 46,279
(2) This section does not apply to a church that operates 46,281
or maintains a public water system solely to provide water for 46,282
that church or for a campground that is owned by the church and 46,283
operated primarily or exclusively for members of the church and 46,284
their families. A church that, on or before the effective date 46,285
of this amendment MARCH 5, 1996, has obtained a license under 46,287
this section for such a public water system need not obtain a
license renewal under this section. 46,288
(E) This section does not apply to any public or nonpublic 46,290
school that meets minimum standards of the state board of 46,291
education that operates or maintains a public water system solely 46,292
to provide water for that school. 46,293
Sec. 6119.10. The board of trustees of a regional water 46,302
and sewer district or any officer or employee designated by such 46,303
THE board may make any contract for the purchase of supplies or 46,305
material or for labor for any work, under the supervision of the 46,306
board, the cost of which shall not exceed ten FIFTEEN thousand 46,307
dollars. When an expenditure, other than for the acquisition of 46,309
real estate and interests in real estate, the discharge of 46,310
noncontractual claims, personal services, the joint use of 46,311
facilities or the exercise of powers with other political 46,312
subdivisions, or for the product or services of public utilities, 46,313
exceeds ten FIFTEEN thousand dollars, such THE expenditures shall 46,315
be made only after a notice calling for bids has been published 46,316
not less than two consecutive weeks in at least one newspaper 46,317
having a general circulation within the district. If the bids 46,318
are for a contract for the construction, demolition, alteration, 46,319
repair, or reconstruction of an improvement, the board may let 46,320
1053
the contract to the lowest and best bidder who meets the 46,321
requirements of section 153.54 of the Revised Code. If the bids 46,322
are for a contract for any other work relating to the 46,323
improvements for which a regional water and sewer district was 46,324
established, the board of trustees of the regional water and 46,325
sewer district may let the contract to the lowest or best bidder 46,326
who gives a good and approved bond with ample security 46,327
conditioned on the carrying out of the contract. Such THE 46,328
contract shall be in writing and shall be accompanied by or shall 46,330
refer to plans and specifications for the work to be done, 46,331
approved by the board. The plans and specifications shall at all 46,332
times be made and considered part of the contract. The contract 46,333
shall be approved by the board and signed by its president or 46,334
other duly authorized officer and by the contractor. In case of 46,335
a real and present emergency, the board of trustees of the 46,336
district may, by two-thirds vote of all members, MAY authorize 46,337
the president or other duly authorized officer to enter into a 46,338
contract for work to be done or for the purchase of supplies or 46,339
materials without formal bidding or advertising. All contracts 46,340
shall have attached the certificate required by section 5705.41 46,341
of the Revised Code duly executed by the secretary of the board 46,342
of trustees of the district. The district may make improvements 46,343
by force account or direct labor, provided THAT, if the estimated 46,344
cost of supplies or material for any such improvement exceeds ten 46,345
FIFTEEN thousand dollars, bids shall be received as provided in 46,347
this section. For the purposes of the competitive bidding 46,348
requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate 46,349
contracts for labor, supplies, or materials if such THE contracts 46,351
are in fact a part of a single contract required to be bid 46,352
competitively under this section. 46,353
Section 2. That existing sections 9.06, 9.07, 102.02, 46,356
103.143, 103.71,109.081, 111.18, 117.14, 117.44, 117.45, 118.01, 46,357
118.05, 118.08, 120.04, 120.06, 120.18, 120.28, 120.33, 121.05, 46,358
1054
121,11, 121.24, 121.371, 122.011, 122.05, 122.15, 122.152, 46,360
122.71, 122.92, 124.04, 124.07, 124.181, 125.023, 125.04, 46,361
125.111, 125.15, 125.28, 126.12, 126.21, 126.25, 126.31, 126.32,
127.16, 129.55, 129.63, 129.73, 131.01, 133.20, 135.63, 149.30, 46,362
166.03, 166.05, 169.02, 169.03, 169.09, 173.35, 181.52, 307.851, 46,363
307.86, 307.98, 311.01, 329.04, 329.06, 329.12, 340.03, 341.011, 46,366
718.01, 742.63, 753.19, 901.41, 901.62, 901.63, 924.51, 1101.15, 46,367
1107.15, 1109.23, 1151.07, 1151.201, 1155.07, 1155.10, 1155.13, 46,368
1161.09, 1161.38, 1163.09, 1163.13, 1163.16, 1181.06, 1301.01, 46,369
1309.401, 1317.07, 1321.57, 1322.02, 1322.10, 1501.01, 1507.01, 46,370
1507.12, 1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 1547.67, 46,371
1547.68, 1547.72, 1555.12, 2108.15, 2305.232, 2941.51, 2949.17, 46,373
2949.19, 2949.20, 2949.201, 3109.13, 3109.14, 3109.15, 3109.16, 46,374
3109.17, 3109.18, 3301.68, 3375.90, 3383.08, 3501.18, 3501.21, 46,375
3517.152, 3701.04, 3701.262, 3701.89, 3702.52, 3702.57, 3702.58, 46,378
3702.68, 3705.24, 3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 46,379
3722.15, 3722.16, 3722.17, 3734.02, 3734.05, 3734.06, 3734.18, 46,380
3734.28, 3734.57, 3734.82, 3734.87, 3734.901, 3742.03, 3742.04, 46,382
3742.05, 3742.08, 3742.19, 3745.11, 3748.07, 3748.13, 3750.02, 46,383
3753.03, 3753.05, 3769.20, 3793.08, 3793.10, 3793.12, 3901.02, 46,384
4105.17, 4112.12, 4115.34, 4163.07, 4301.10, 4301.30, 4301.334, 46,386
4301.43, 4301.62, 4303.07, 4303.10, 4303.181, 4303.182, 4303.30, 46,389
4303.35, 4399.12, 4501.27, 4511.191, 4511.83, 4701.03, 4701.06,
4703.36, 4703.37, 4709.01, 4712.01, 4713.01, 4713.02, 4713.04, 46,391
4713.05, 4713.06, 4713.10, 4713.17, 4713.20, 4717.03, 4717.05, 46,393
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 46,394
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 46,396
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 46,397
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 46,398
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4911.17, 4931.11, 46,399
4931.21, 4931.99, 4933.14, 4937.02, 4981.09, 5101.03, 5101.16, 46,400
5101.18, 5101.21, 5101.22, 5101.23, 5101.33, 5101.46, 5101.52, 46,402
5101.541, 5101.544, 5101.83, 5101.93, 5104.30, 5104.32, 5104.34, 46,403
5104.38, 5107.02, 5107.05, 5107.10, 5107.16, 5107.22, 5107.24, 46,404
1055
5107.26, 5107.28, 5107.60, 5108.06, 5111.01, 5111.022, 5111.13, 46,405
5111.23, 5111.231, 5112.01, 5112.03, 5112.06, 5112.07, 5112.08, 46,407
5112.09, 5112.17, 5112.18, 5115.01, 5117.07, 5117.09, 5119.16, 46,408
5119.22, 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, 46,411
5139.28, 5139.281, 5139.43, 5139.50, 5139.51, 5139.55, 5145.30, 46,412
5502.21, 5502.22, 5502.25, 5502.28, 5502.34, 5515.01, 5528.36, 46,414
5703.05, 5703.052, 5703.053, 5703.21, 5709.62, 5709.63, 5709.632, 46,415
5709.83, 5711.16, 5711.22, 5727.01, 5727.111, 5727.12, 5727.30, 46,416
5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 5727.48, 46,417
5727.50, 5727.60, 5733.05, 5733.16, 5733.33, 5733.98, 5739.31, 46,418
5741.02, 5743.08, 5743.14, 5743.55, 5743.59, 5743.99, 5747.11,
5749.02, 5907.11, 5907.13, 5907.141, 5907.15, 6109.01, 6109.21, 46,419
and 6119.10 and sections 117.16, 1155.131, 1163.17, 2108.021, 46,421
2151.55, 4113.14, 4931.01, 4931.03, 4931.08, 4931.20, 4931.23, 46,422
4931.24, 5107.77, 5111.172, and 5115.08 of the Revised Code are 46,423
hereby repealed. That existing section 122.75 of the Revised 46,424
Code as it results from Am. Sub. H.B. 117 of the 121st General 46,425
Assembly is hereby repealed. That existing Section 4 of Sub. 46,426
H.B. 167 of the 121st General Assembly, as amended by Sub. H.B. 46,427
710 of the 121st General Assembly and Am. Sub. H.B. 215 of the 46,428
122nd General Assembly, is hereby repealed. That section 122.75 46,429
of the Revised Code as it purportedly results from Am. Sub. H.B. 46,430
356 of the 121st General Assembly is hereby repealed. 46,431
Section 3. That Section 5 of Am. Sub. S.B. 50 of the 121st 46,433
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd 46,435
General Assembly, be amended to read as follows: 46,436
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st 46,439
General Assembly shall take effect July 1, 1999 2001." 46,440
Section 4. That existing Section 5 of Am. Sub. S.B. 50 of 46,442
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 46,443
the 122nd General Assembly, is hereby repealed. 46,444
Section 5. Except as otherwise provided, all appropriation 46,446
line items (ALI) in this act are hereby appropriated out of any 46,447
1056
moneys in the state treasury to the credit of the designated 46,448
fund, which are not otherwise appropriated. For all 46,449
appropriations made in this act, those amounts in the first 46,450
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 46,451
FND ALI ALI TITLE FY 2000 FY 2001 46,460
Section 6. ACC ACCOUNTANCY BOARD OF OHIO 46,463
General Services Fund Group 46,465
4J8 889-601 CPA Education 46,468
Assistance $ 200,000 $ 200,000 46,470
4K9 889-609 Operating Expenses $ 818,726 $ 810,813 46,474
TOTAL GSF General Services Fund 46,475
Group $ 1,018,726 $ 1,010,813 46,478
TOTAL ALL BUDGET FUND GROUPS $ 1,018,726 $ 1,010,813 46,481
Section 7. PAY ACCRUED LEAVE LIABILITY 46,484
Accrued Leave Liability Fund Group 46,486
806 995-666 Accrued Leave Fund $ 51,911,388 $ 58,703,605 46,491
807 995-667 Disability Fund $ 33,111,113 $ 34,766,669 46,495
TOTAL ALF Accrued Leave Liability 46,496
Fund Group $ 85,022,501 $ 93,470,274 46,499
Agency Fund Group 46,502
808 995-668 State Employee Health 46,505
Benefit Fund $ 125,908,931 $ 133,973,454 46,507
809 995-669 Dependent Care 46,509
Spending Account $ 2,579,750 $ 2,773,231 46,511
810 995-670 Life Insurance 46,513
Investment Fund $ 2,259,874 $ 2,372,867 46,515
811 995-671 Parental Leave 46,517
Benefit Fund $ 4,149,522 $ 5,186,902 46,519
TOTAL AGY Agency Fund Group $ 134,898,077 $ 144,306,454 46,522
TOTAL ALL BUDGET FUND GROUPS $ 219,920,578 $ 237,776,728 46,528
Accrued Leave Liability Fund 46,531
The foregoing appropriation item 995-666, Accrued Leave 46,533
Fund, shall be used to make payments from the Accrued Leave 46,534
1057
Liability Fund (Fund 806), pursuant to section 125.211 of the 46,535
Revised Code. If it is determined by the Director of Budget and 46,536
Management that additional amounts are necessary, the amounts are 46,537
hereby appropriated. 46,538
State Employee Disability Leave Benefit Fund 46,540
The foregoing appropriation item 995-667, Disability Fund, 46,542
shall be used to make payments from the State Employee Disability 46,543
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 46,544
Revised Code. If it is determined by the Director of Budget and 46,545
Management that additional amounts are necessary, the amounts are 46,546
hereby appropriated. 46,547
State Employee Health Benefit Fund 46,549
The foregoing appropriation item 995-668, State Employee 46,551
Health Benefit Fund, shall be used to make payments from the 46,552
State Employee Health Benefit Fund (Fund 808), pursuant to 46,553
section 124.87 of the Revised Code. If it is determined by the 46,554
Director of Budget and Management that additional amounts are 46,555
necessary, the amounts are hereby appropriated. 46,556
Dependent Care Spending Account 46,558
The foregoing appropriation item 995-669, Dependent Care 46,560
Spending Account, shall be used to make payments from the 46,561
Dependent Care Spending Account (Fund 809) to employees eligible 46,562
for dependent care expenses. If it is determined by the Director 46,563
of Budget and Management that additional amounts are necessary, 46,564
the amounts are hereby appropriated. 46,565
Life Insurance Investment Fund 46,567
The foregoing appropriation item 995-670, Life Insurance 46,569
Investment Fund, shall be used to make payments from the Life 46,570
Insurance Investment Fund (Fund 810) for the costs and expenses 46,571
of the state's life insurance benefit program pursuant to section 46,572
125.212 of the Revised Code. If it is determined by the Director 46,573
of Budget and Management that additional amounts are necessary, 46,574
the amounts are hereby appropriated. 46,575
Parental Leave Benefit Fund 46,577
1058
The foregoing appropriation item 995-671, Parental Leave 46,579
Benefit Fund, shall be used to make payments from the Parental 46,580
Leave Benefit Fund (Fund 811) to employees eligible for parental 46,581
leave benefits pursuant to section 124.137 of the Revised Code. 46,582
If it is determined by the Director of Budget and Management that 46,583
additional amounts are necessary, the amounts are hereby 46,584
appropriated. 46,585
Section 8. ADJ ADJUTANT GENERAL 46,587
General Revenue Fund 46,589
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 46,594
GRF 745-403 Armory Deferred 46,596
Maintenance $ 800,000 $ 800,000 46,598
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 46,602
GRF 745-409 Central 46,604
Administration $ 3,910,435 $ 3,898,936 46,606
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 46,610
GRF 745-502 Ohio National Guard 46,612
Unit Fund $ 118,086 $ 121,392 46,614
TOTAL GRF General Revenue Fund $ 10,675,842 $ 10,661,725 46,617
General Services Fund Group 46,620
534 745-612 Armory Improvements $ 511,500 $ 523,776 46,625
536 745-620 Camp Perry Clubhouse 46,627
and Rental $ 996,340 $ 1,008,771 46,629
537 745-604 ONG Maintenance $ 205,163 $ 209,847 46,633
TOTAL GSF General Services Fund 46,634
Group $ 1,713,003 $ 1,742,394 46,637
Federal Special Revenue Fund Group 46,640
3E8 745-628 Air National Guard 46,643
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 46,645
3R8 745-603 Counter Drug 46,647
Operations $ 100,000 $ 100,000 46,649
3S0 745-602 Higher Ground 46,651
Training $ 35,000 $ 35,000 46,653
1059
341 745-615 Air National Guard 46,655
Base Security $ 2,008,925 $ 1,992,760 46,657
342 745-616 Army National Guard 46,659
Service Agreement $ 4,370,403 $ 4,439,930 46,661
343 745-619 Army National Guard 46,663
Training Site
Agreement $ 2,734,477 $ 2,781,245 46,665
TOTAL FED Federal Special Revenue 46,666
Fund Group $ 20,429,107 $ 20,598,733 46,669
State Special Revenue Fund Group 46,672
528 745-605 Marksmanship 46,674
Activities $ 61,600 $ 63,078 46,676
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 46,679
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,879,552 $ 33,065,930 46,684
Armory Deferred Maintenance 46,687
Of the foregoing appropriation item 745-403, Armory 46,689
Deferred Maintenance, all disbursements shall be made based on a 46,690
spending plan approved by the Director of Budget and Management. 46,691
Marksmanship Activities 46,693
On July 1, 1999, or as soon thereafter as possible, the 46,695
Director of Budget and Management shall transfer the cash balance 46,696
in the Marksmanship Program (Fund 340) to Marksmanship Activities 46,697
(Fund 528), and Fund 340 is hereby abolished. The director shall 46,698
cancel any existing encumbrances against appropriation item 46,699
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 46,700
528). The amounts of the reestablished encumbrances are hereby 46,701
appropriated.
Section 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 46,703
General Revenue Fund 46,705
GRF 100-402 Unemployment 46,708
Compensation $ 130,591 $ 134,069 46,710
GRF 100-405 Agency Audit Expenses $ 672,767 $ 770,956 46,714
1060
GRF 100-406 County & University 46,716
Human Resources
Services $ 1,263,419 $ 1,244,851 46,718
GRF 100-409 Departmental 46,720
Information Services $ 1,518,558 $ 1,489,757 46,722
GRF 100-410 Veterans' Records 46,724
Conversion $ 500,000 $ 500,000 46,726
GRF 100-414 Ohio Geographically 46,728
Referenced
Information Program $ 642,224 $ 659,227 46,730
GRF 100-416 Strategic Technology 46,732
Development Programs $ 4,293,290 $ 4,438,593 46,734
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 46,738
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 46,742
GRF 100-420 Innovation Ohio $ 150,000 $ 150,000 46,746
GRF 100-433 State of Ohio 46,748
Computer Center $ 5,090,081 $ 5,204,349 46,750
GRF 100-439 Equal Opportunity 46,752
Certification
Programs $ 730,719 $ 742,501 46,754
GRF 100-447 OBA - Building Rent 46,756
Payments $ 89,400,000 $ 97,335,000 46,758
GRF 100-448 OBA - Building 46,760
Operating Payments $ 25,498,000 $ 25,498,000 46,762
GRF 100-449 DAS - Building 46,764
Operating Payments $ 6,212,392 $ 5,620,548 46,766
GRF 100-451 Minority Affairs $ 876,551 $ 878,910 46,770
GRF 100-734 Major Maintenance $ 77,000 $ 77,000 46,774
GRF 102-321 Construction 46,776
Compliance $ 1,291,392 $ 1,289,131 46,778
GRF 130-321 State Agency Support 46,780
Services $ 3,938,112 $ 3,994,685 46,782
TOTAL GRF General Revenue Fund $ 153,072,645 $ 160,898,151 46,785
General Services Fund Group 46,788
1061
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 46,793
115 100-632 Central Service 46,795
Agency $ 389,317 $ 398,151 46,797
117 100-644 General Services 46,799
Division - Operating $ 6,152,252 $ 5,836,960 46,801
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 46,805
125 100-622 Human Resources 46,807
Division - Operating $ 21,101,973 $ 19,484,369 46,809
127 100-627 Vehicle Liability 46,811
Insurance $ 4,160,053 $ 4,276,001 46,813
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 46,817
130 100-606 Risk Management 46,819
Reserve $ 109,611 $ 112,497 46,821
131 100-639 State Architect's 46,823
Office $ 6,154,743 $ 6,066,535 46,825
132 100-631 DAS Building 46,827
Management $ 10,584,283 $ 10,327,827 46,829
188 100-649 Equal Opportunity 46,831
Programs $ 2,194,260 $ 2,228,255 46,833
201 100-653 General Services 46,835
Resale Merchandise $ 1,978,768 $ 2,034,174 46,837
210 100-612 State Printing $ 6,157,561 $ 6,322,592 46,841
4H2 100-604 Governor's Residence 46,843
Gift $ 21,622 $ 22,141 46,845
4P3 100-603 Departmental MIS 46,847
Services $ 6,493,349 $ 7,312,130 46,849
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 46,853
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 46,857
TOTAL GSF General Services Fund 46,858
Group $ 80,671,412 $ 79,887,370 46,861
Federal Special Revenue Fund Group 46,864
307 100-633 Federal Special 46,867
Revenue $ 183,000 $ 79,000 46,869
TOTAL FED Federal Special Revenue 46,870
1062
Fund Group $ 183,000 $ 79,000 46,873
State Special Revenue Fund Group 46,876
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 46,880
TOTAL SSR State Special Revenue 46,881
Fund Group $ 12,000,000 $ 12,000,000 46,884
Intragovernmental Service Fund Group 46,887
133 100-607 Information 46,890
Technology Fund $ 84,187,514 $ 85,726,824 46,892
4N6 100-617 Major Computer 46,894
Purchases $ 19,016,469 $ 19,472,864 46,896
TOTAL ISF Intragovernmental 46,897
Service Fund Group $ 103,203,983 $ 105,199,688 46,900
Agency Fund Group 46,903
113 100-628 Unemployment 46,906
Compensation $ 4,884,530 $ 5,128,757 46,908
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 46,912
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 46,915
Holding Account Redistribution Fund Group 46,918
R08 100-646 General Services 46,921
Refunds $ 20,000 $ 20,000 46,923
TOTAL 090 Holding Account 46,924
Redistribution Fund Group $ 20,000 $ 20,000 46,927
TOTAL ALL BUDGET FUND GROUPS $2,139,035,570 $2,237,462,966 46,930
Section 9.01. Agency Audit Expenses 46,933
Of the foregoing appropriation item 100-405, Agency Audit 46,935
Expenses, up to $222,000 in fiscal year 2000 and up to $226,800 46,936
in fiscal year 2001 shall be used to subsidize the operations of 46,937
the Central Service Agency. The Department of Administrative 46,938
Services shall transfer cash from appropriation item 100-405, 46,939
Agency Adult Expenses, to the Central Service Agency Fund (Fund 46,940
115) using an intrastate transfer voucher. 46,941
Of the foregoing appropriation item 100-405, Agency Audit 46,943
Expenses, up to $30,000 in fiscal year 2000 and $30,000 in fiscal 46,944
year 2001 shall be used for the Department of Administrative 46,947
1063
Services' GRF line item-related auditing expenses. The remainder 46,948
of the appropriation shall be used for auditing expenses 46,949
designated in division (A)(1) of section 117.13 of the Revised 46,950
Code for those state agencies audited on a biennial basis. 46,951
Of the foregoing appropriation item 100-405, Agency Audit 46,953
Expenses, $5,000 in each fiscal year shall be used for the Ohio 46,954
Veterans' Children's Home Ex-Pupils Association. 46,955
Of the foregoing appropriation item 100-406, County & 46,957
University Human Resources Services, the Director of 46,958
Administrative Services shall transfer $10,795 in fiscal year 46,959
2000 to the Workforce Development Fund (Fund 5D7) to pay interest 46,960
that should have accrued to the Workforce Development Fund in 46,961
fiscal year 1998. This transfer shall be made using an 46,962
intrastate transfer voucher.
Veterans' Records Conversion 46,964
The office of Veterans Affairs within the Office of the 46,966
Governor shall identify the Merchant Marines who served in the 46,967
war zone in World War II.
Fidelity Bonding Programs 46,969
Pursuant to a written request by the Chief of the Division 46,971
of Wildlife in the Department of Natural Resources, the 46,972
self-insured blanket fidelity bonding program authorized by 46,973
section 9.832 of the Revised Code shall revert to the Division of 46,974
Wildlife effective July 1, 1999. Upon receipt of the chief's 46,975
request, the Department of Administrative Services shall prepare 46,976
a preliminary estimate of the amount of cash held on behalf of 46,977
the Division of Wildlife that is not committed for costs incurred 46,978
by or for the self-insured fidelity bonding program. The 46,979
Director of Administrative Services shall certify such amount to 46,980
the Director of Budget and Management. Upon receipt of the 46,981
certification, the Director of Budget and Management shall 46,982
transfer the amount of cash certified by the Director of 46,983
Administrative Services from the Risk Management Reserve Fund 46,984
(Fund 130) to the Wildlife Fund created in section 1531.17 of the 46,985
1064
Revised Code. After transfer of the preliminary estimate of cash 46,986
to the Wildlife Fund, the Department of Administrative Services 46,987
shall reconcile fiscal year 1999 financial activity in the Risk 46,988
Management Reserve Fund. The department shall determine the
final amount of cash to be transferred between the Risk 46,989
Management Reserve Fund and the Wildlife Fund. The Director of 46,991
Budget and Management shall transfer the final amount certified 46,992
to the Wildlife Fund or to the Risk Management Reserve Fund, as 46,993
appropriate.
Section 9.02. Ohio Building Authority 46,995
The foregoing appropriation item 100-447, OBA - Building 46,997
Rent Payments, shall be used to meet all payments at the times 46,999
they are required to be made during the period from July 1, 1999, 47,000
to June 30, 2001, by the Department of Administrative Services to 47,001
the Ohio Building Authority pursuant to leases and agreements 47,002
under Chapter 152. of the Revised Code, but limited to the 47,003
aggregate amount of $186,735,000. The foregoing appropriation 47,004
item 100-448, OBA - Building Operating Payments, shall be used to 47,006
meet all payments at the times that they are required to be made 47,007
during the period from July 1, 1999, to June 30, 2001, by the 47,008
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 47,010
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 47,011
pledged for bond service charges on obligations issued pursuant 47,012
to Chapter 152. of the Revised Code. 47,013
The payments to the Ohio Building Authority are for the 47,015
purpose of paying the expenses of agencies that occupy space in 47,016
the various state facilities. The Department of Administrative 47,017
Services may enter into leases and agreements with the Ohio 47,018
Building Authority providing for the payment of such expenses. 47,019
The Ohio Building Authority shall report to the Department of 47,021
Administrative Services and the Office of Budget and Management 47,022
not later than five months after the start of a fiscal year the 47,023
1065
actual expenses incurred by the Ohio Building Authority in 47,024
operating such facilities and any balances remaining from 47,025
payments and rentals received in the prior fiscal year. The 47,026
Department of Administrative Services shall reduce subsequent 47,027
payments by the amount of the balance reported to it by the Ohio 47,028
Building Authority.
Section 9.03. DAS - Building Operating Payments 47,030
The foregoing appropriation item 100-449, DAS - Building 47,032
Operating Payments, shall be used to pay the rent expenses of 47,034
veterans organizations pursuant to section 123.024 of the Revised 47,035
Code in fiscal years 2000 and 2001. 47,036
Of the foregoing appropriation item 100-449, DAS - Building 47,038
Operating Payments, up to $175,000 may be used to pay office 47,039
relocation and office remodeling costs for the veterans 47,040
organizations designated in section 123.024 of the Revised Code. 47,041
State Library and Ohioana Library Association Office 47,043
Renovation Expenses 47,044
Of the foregoing appropriation item DAS - Building 47,046
Operating Payment, 100- 449, $400,000 shall be used in fiscal 47,047
year 2000 to fund the renovation of new office space for the 47,048
State Library and the Ohioana Library Association.
Notwithstanding section 125.28 of the Revised Code, the 47,050
remaining portion of this appropriation may be used to pay the 47,052
operating expenses of state facilities maintained by the 47,054
Department of Administrative Services that are not billed to 47,056
building tenants. Such expenses may include, but are not limited 47,058
to, the costs for vacant space and space undergoing renovation, 47,059
and the rent expenses of tenants that are relocated due to 47,060
building renovations. 47,061
Such payments shall be processed by the Department of 47,063
Administrative Services through intrastate vouchers and placed in 47,065
the Facilities Management Fund (Fund 132). 47,067
Section 9.04. Equal Opportunity Programs and Minority 47,069
Affairs
1066
The Department of Administrative Services, with the 47,071
approval of the Director of Budget and Management, shall 47,072
establish charges for recovering the costs of administering the 47,073
activities supported by the Equal Opportunity Programs Fund (Fund 47,074
188). These charges shall be deposited to the credit of the 47,076
Equal Opportunity Programs Fund (Fund 188) upon payment made by 47,077
state agencies; state-supported or state-assisted institutions of 47,079
higher education; and tax-supported agencies, municipal 47,080
corporations, or other political subdivisions of the state, for 47,081
services rendered.
Notwithstanding division (B) of section 125.14 of the 47,084
Revised Code, the Director of Budget and Management, at the 47,085
request of the Director of Administrative Services, shall 47,086
transfer up to $270,000 of the amounts held for transfer to the 47,087
General Revenue Fund from Fund 427, Investment Recovery, to Fund 47,088
188, Equal Opportunity Programs Fund, no later than August 1,
1999. The cash transferred to the Equal Opportunity Programs 47,089
Fund (Fund 188) shall be used to offset operating losses incurred 47,090
by the Equal Opportunity Division.
The foregoing appropriation item 100-451, Minority Affairs, 47,093
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an access 47,095
point and official representation to multi-cultural communities; 47,096
research and reports on multi-cultural issues; and educational, 47,097
governmental, and other services that foster multi-cultural 47,098
opportunities and understanding in the state of Ohio. 47,099
Minority Business Enterprise (MBE) Predicate Study 47,101
The Director of Administrative Services shall develop and 47,104
direct a predicate study to determine whether there is 47,105
significant evidence of past or present discrimination against
minorities or women by the State of Ohio, either as an active or 47,106
passive participant, in: (1) contracting for goods and services; 47,107
(2) contracting for construction work; or (3) implementing 47,108
economic development programs. The predicate study shall also 47,109
1067
determine whether there is a present need for remedial action to 47,110
address any effects of present or past discrimination against 47,111
minorities or women by the State of Ohio, and if so, whether such 47,112
remedial action should go beyond race or gender neutral measures. 47,113
The General Assembly, Attorney General, and Department of 47,115
Administrative Services shall establish a "Predicate Study 47,116
Steering Committee" comprised of two majority members of the 47,117
Senate, two majority members of the House, two minority members 47,118
of the Senate, two minority members of the House, the Attorney 47,119
General or designee, the Director of Administrative Services, and 47,120
three business owners who are either minorities or women selected 47,121
by the Director of Administrative Services. The Predicate Study 47,122
Steering Committee shall evaluate and submit recommendations to 47,123
the Director of Administrative Services and to the General 47,124
Assembly by October 31, 1999 if possible, but no later than 47,125
December 31, 1999, regarding the nature, scope, methodology, 47,126
applicable time frames, and type of expert needed for the 47,127
predicate study. Factors relevant in determining the 47,128
qualifications of an expert may include, but are not necessarily 47,129
limited to, legal expertise, data collection analysis capability, 47,130
policy development experience and knowledge of cultural studies. 47,131
Upon receipt of the recommendations from the Predicate 47,133
Study Steering Committee, the Director of Administrative Services 47,134
shall develop, implement, and direct the predicate study to 47,135
achieve the state objectives. The development, implementation, 47,136
and direction of the predicate study shall include the selection 47,137
and engagement of any necessary qualified, responsible, and 47,138
objective professional expertise. The Director of Administrative 47,139
Services shall have available $750,000 each year of the biennium 47,140
to develop, implement, and direct the predicate study, but any 47,141
remaining money from the first year of the biennium may be 47,142
carried over and spent in the second year of the biennium. 47,143
The results of the predicate study shall be submitted to 47,145
the Director of Administrative Services, the Predicate Study 47,146
1068
Steering Committee, the Attorney General, and the General 47,147
Assembly by June 30, 2001. 47,148
Section 9.05. Central Service Agency Fund 47,150
In order to complete the migration of the licensing 47,152
applications of the professional licensing boards to a local area 47,154
network, the Director of Budget and Management may, at the 47,155
request of the Director of Administrative Services, cancel 47,156
related encumbrances in the Central Service Agency Fund (Fund 47,157
115) and reestablish these encumbrances in fiscal year 2000 for 47,158
the same purpose and to the same vendor. The Director of Budget 47,159
and Management shall reduce the appropriation balance in fiscal 47,160
year 1999 by the amount of encumbrances canceled in Fund 115. As 47,161
determined by the Director of Budget and Management, the 47,162
appropriation authority necessary to reestablish such 47,163
encumbrances or parts of encumbrances in fiscal year 2000 in the 47,164
Central Service Agency Fund (Fund 115) is hereby appropriated. 47,165
The Director of Budget and Management may transfer up to 47,167
$750,000 in fiscal year 2000 and up to $750,000 in fiscal year 47,168
2001 from the Occupational Licensing and Regulatory Fund (Fund 47,169
4K9) to the Central Service Agency Fund (Fund 115). The Director 47,170
of Budget and Management may transfer up to $300,000 in fiscal 47,171
year 2000 and up to $300,000 in fiscal year 2001 from the State 47,172
Medical Board Operating Fund (Fund 5C6) to the Central Service 47,173
Agency Fund (Fund 115). The appropriation item 100-632, Central 47,174
Service Agency, shall be used to purchase the necessary 47,175
equipment, products, and services to install a local area network 47,176
for the professional licensing boards, to improve processing of 47,177
their licensing applications to this fiscal year 2001. 47,179
Appropriation authority equal to the cash transfer is hereby 47,180
appropriated to appropriation item 100-632, Central Service 47,181
Agency.
Section 9.06. Tuition Reimbursement 47,183
Of the foregoing appropriation item 100-622, Human 47,185
Resources Division - Operating, $250,000 in fiscal year 2000 and 47,186
1069
$250,000 in fiscal year 2001 shall be set aside for the District 47,187
1199 Health Care Employees Tuition Reimbursement Program, per 47,188
existing collective bargaining agreements. Of the foregoing 47,189
appropriation item 100-622, Human Resources Division - Operating, 47,190
$75,000 in fiscal year 2000 and $75,000 in fiscal year 2001 shall 47,191
be set aside for the Ohio Education Association Tuition 47,192
Reimbursement Program, per existing collective bargaining 47,193
agreements. The Department of Administrative Services, with the 47,194
approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the 47,195
District 1199 Health Care Employees Tuition Reimbursement Program 47,196
and the Ohio Education Association Tuition Reimbursement Program. 47,197
Receipts for these charges shall be deposited into the Human 47,198
Resources Services Fund (Fund 125). 47,199
Section 9.07. Collective Bargaining Arbitration Expenses 47,202
With approval of the Director of Budget and Management, the 47,204
Department of Administrative Services may seek reimbursement from 47,205
state agencies for the actual costs and expenses the department 47,206
incurs in the collective bargaining arbitration process. Such 47,207
reimbursements shall be processed through intrastate transfer 47,208
vouchers and placed in the Collective Bargaining Fund (Fund 128). 47,209
Workforce Development Fund 47,212
There is hereby established in the state treasury the 47,214
Workforce Development Fund (Fund 5D7). The foregoing 47,215
appropriation item 100-621, Workforce Development, shall be used 47,216
to make payments from the fund. The fund shall be under the 47,217
supervision of the Department of Administrative Services, which 47,218
may adopt rules with regard to the administration of the fund. 47,219
The fund shall be used to pay the costs of the Workforce 47,220
Development Program established by Article 37 of the contract 47,221
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 47,222
March 1, 1997. The program shall be administered in accordance 47,223
with the contract. Revenues shall accrue to the fund as 47,224
specified in the contract. The fund may be used to pay direct 47,225
1070
and indirect costs of the program that are attributable to staff, 47,226
consultants, and service providers. All income derived from the 47,227
investment of the fund shall accrue to the fund. 47,228
If it is determined by the Director of Administrative 47,230
Services that additional appropriation amounts are necessary, the 47,231
Director of Administrative Services may request that the Director 47,232
of Budget and Management increase such amounts. Such amounts are 47,233
hereby appropriated. 47,234
Section 9.08. Payroll Withholding Fund 47,236
The foregoing appropriation item 100-629, Payroll 47,238
Deductions, shall be used to make payments from the Payroll 47,239
Withholding Fund (Fund 124). If it is determined by the Director 47,240
of Budget and Management that additional appropriation amounts 47,241
are necessary, such amounts are hereby appropriated. 47,242
Section 9.09. General Services Charges 47,244
The Department of Administrative Services, with the 47,246
approval of the Director of Budget and Management, shall 47,247
establish charges for recovering the costs of administering the 47,248
programs in the General Services Administration Fund (Fund 117) 47,249
and the State Printing Fund (Fund 210). 47,251
Section 9.10. Merchandise for Resale 47,253
The foregoing appropriation item 100-653, General Services 47,255
Resale Merchandise, shall be used to account for merchandise for 47,256
resale, which is administered by the General Services Division. 47,257
Deposits to the fund may comprise the cost of merchandise for 47,258
resale and shipping fees. Notwithstanding any other language to 47,259
the contrary, the Director of Budget and Management may transfer 47,260
up to $150,000 cash from the General Services Resale Merchandise 47,261
Fund (Fund 201) to the General Services Fund (Fund 117) during 47,262
the 1999-2001 biennium. Appropriation item 100-644, General 47,263
Services Division - Operating, shall be used to pay the costs of 47,264
placing the forms distribution inventory on the internet. 47,265
Section 9.11. Unemployment Compensation Fund 47,267
The foregoing appropriation item 100-628, Unemployment 47,269
1071
Compensation, shall be used to make payments from the 47,270
Unemployment Compensation Fund (Fund 113), pursuant to section 47,271
4141.241 of the Revised Code. If it is determined that 47,272
additional amounts are necessary, such amounts are hereby 47,273
appropriated. 47,274
Section 9.12. Governor's Residence Gift 47,276
The foregoing appropriation item 100-604, Governor's 47,278
Residence Gift, shall be used to provide part or all of the 47,279
funding related to construction, goods, or services for the 47,280
Governor's residence. All receipts for this purpose shall be 47,281
deposited into Fund 4H2. 47,282
Section 9.13. Investment Recovery Fund 47,284
Of the foregoing appropriation item 100-602, Investment 47,286
Recovery, up to $1,072,187 in fiscal year 2000 and up to 47,287
$1,057,259 in fiscal year 2001 shall be used to pay the operating 47,289
expenses of the State Surplus Property Program and the Surplus 47,290
Federal Property Program pursuant to Chapter 125. of the Revised 47,291
Code. If additional appropriations are necessary for the 47,292
operations of these programs, the Director of Administrative 47,293
Services shall seek increased appropriations from the Controlling 47,294
Board pursuant to section 131.35 of the Revised Code. 47,295
Of the foregoing appropriation item 100-602, Investment 47,297
Recovery, up to $2,249,340 in fiscal year 2000 and $2,355,742 in 47,298
fiscal year 2001 shall be used to transfer proceeds from the sale 47,300
of surplus property from the Investment Recovery Fund to 47,301
non-General Revenue Funds pursuant to division (A)(2) of section 47,302
125.14 of the Revised Code. If it is determined by the Director 47,303
of Administrative Services that additional appropriations are 47,304
necessary for the transfer of such sale proceeds, the Director of 47,305
Administrative Services may request that the Director of Budget 47,306
and Management increase such amounts. Such amounts are hereby 47,307
appropriated.
Notwithstanding section 125.14 of the Revised Code, cash 47,309
balances in the Investment Recovery Fund may be used to support 47,310
1072
the operating expenses of the Federal Surplus Property Program 47,311
created in sections 125.84 to 125.90 of the Revised Code. 47,312
Section 9.14. Departmental MIS 47,314
The foregoing appropriation item 100-603, Departmental MIS 47,316
Services, may be used to pay operating expenses of management 47,317
information systems activities in the Department of 47,318
Administrative Services. The Department of Administrative 47,319
Services shall establish charges for recovering the costs of 47,320
management information systems activities. These charges shall 47,321
be deposited to the credit of the Departmental MIS Fund (Fund 47,322
4P3), which is hereby created. 47,323
Notwithstanding any other language to the contrary, the 47,325
Director of Budget and Management may transfer up to $3,725,928 47,326
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 47,327
year 2001 appropriations from appropriation item 100-603, 47,328
Departmental MIS Services, to any Department of Administrative 47,329
Services non-General Revenue Fund appropriation item. The 47,331
appropriations transferred shall be used to make payments for 47,332
management information systems services. Notwithstanding any 47,333
other language to the contrary, the Director of Budget and 47,334
Management may transfer up to $654,383 of fiscal year 2000 47,335
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 47,336
Information Services, to any Department of Administrative 47,337
Services appropriation item in the General Revenue Fund. The 47,338
appropriations transferred shall be used to make payments for 47,339
management information systems services. 47,340
Section 9.15. Telecommunications Fund 47,342
Notwithstanding any other provisions of law to the 47,344
contrary, the Telecommunications Fund (Fund 123) created in 47,345
section 125.15 of the Revised Code shall cease to exist, 47,346
effective July 1, 1999. All assets, liabilities, revenues, and 47,347
obligations associated with the Telecommunications Fund are 47,348
hereby transferred to the Computer Services Fund (Fund 133) on 47,349
1073
the effective date of this section.
Section 9.16. Computer Equipment Purchases 47,351
The Director of Administrative Services shall compute the 47,353
amount of revenue attributable to the amortization of all 47,354
equipment purchases from appropriation items 100-607, Information 47,355
Technology Fund; 100-617, Major Computer Purchases; and CAP-837, 47,356
Major Equipment Purchases, which is recovered by the Department 47,357
of Administrative Services as part of the rates charged by Fund 47,358
133, Information Technology Fund. The Director of Budget and 47,359
Management may transfer this cash from Fund 133, Information 47,360
Technology Fund, to Fund 4N6, Equipment Purchases. 47,361
Section 9.17. Multi-Agency Radio Communication System Debt 47,363
Service Payments 47,364
The Director of Administrative Services, in consultation 47,366
with the Multi-Agency Radio Communication System (MARCS) Steering 47,367
Committee and the Director of Budget and Management, shall 47,368
determine the share of debt service payments attributable to 47,369
spending for MARCS components that are not specific to any one 47,370
agency and that shall be charged to agencies supported by the 47,371
motor fuel tax. Such share of debt service payments shall be 47,372
calculated for MARCS capital disbursements made beginning July 1, 47,374
1997. Within thirty days of any payment made from appropriation 47,375
item 100-447, OBA - Building Rent Payments, the Director of 47,376
Administrative Services shall certify to the Director of Budget 47,377
and Management the amount of this share. The Director of Budget 47,378
and Management shall transfer such amounts to the General Revenue 47,379
Fund from the Highway Operating Fund (Fund 002) established in 47,380
section 5735.281 of the Revised Code.
Section 9.18. General Services Refunds 47,382
The foregoing appropriation item 100-646, General Services 47,384
Refunds, shall be used to hold bid guarantee and building plans 47,386
and specifications deposits until they are refunded. The 47,387
Director of Administrative Services may request that the Director 47,388
of Budget and Management transfer cash received for the costs of 47,389
1074
providing the building plans and specifications to contractors 47,390
from the General Services Refund Fund to Fund 131, State 47,391
Architect's Office. Prior to the transfer of cash, the Director 47,393
of Administrative Services shall certify that such amounts are in 47,394
excess of amounts required for refunding deposits and are 47,395
directly related to costs of producing building plans and 47,396
specifications. If it is determined that additional 47,397
appropriations are necessary, such amounts are hereby 47,398
appropriated.
Section 9.19. Local Government Y2K Loan Program 47,400
In addition to its duties under Chapters 123., 124., and 47,402
125. of the Revised Code, the Department of Administrative 47,403
Services shall assist the Department of Development with the 47,404
implementation of Section 37.17 of this act, including but not 47,405
limited to, the following activities: 47,406
(A) Within ten days after the effective date of this act, 47,408
the Y2K Competency Center shall devise program application 47,409
materials that include: 47,410
(1) General eligibility criteria; 47,412
(2) General application criteria; and 47,414
(3) An application form for the County Y2K Loan Program 47,416
and for the Municipal and Township Y2K Loan Program, which shall 47,417
be forwarded to the State and Local Government Commission for its 47,418
official notification of the program's availability. At a 47,419
minimum, each application shall include a detailed organizational 47,420
plan for meeting Y2K compliance and a specific description of the 47,421
project for which loan funds are being sought. 47,422
(B) Upon the receipt of applications for program 47,424
assistance forwarded by the State and Local Government 47,425
Commission, the Y2K Competency Center shall review each proposal 47,426
that seeks program funding. To more accurately assess an 47,427
application for assistance, the Y2K Competency Center may request 47,428
additional information directly from the applicant as needed. 47,429
However, the information submitted is the sole responsibility of 47,430
1075
the applicant, and the Y2K Competency Center has no liability for 47,431
falsely submitted information. 47,432
As quickly as possible, but within a reasonable time 47,434
period, the Y2K Competency Center shall notify the Department of 47,435
Development and the State and Local Government Commission of its 47,436
approval or disapproval of each application submitted for 47,437
consideration. The Y2K Competency Center has the authority to 47,438
approve or deny funding for all components of a proposal or 47,439
portions thereof, as appropriate. In addition, the Y2K 47,440
Competency Center may recommend that an applicant seek support 47,441
and advice from a peer local government that has bridged a Y2K 47,442
issue of importance.
Recognizing that the Y2K Competency Center's primary 47,444
purpose is to coordinate the state government's Y2K plan for 47,445
compliance, the technical assistance rendered by the Y2K 47,446
Competency Center for the Local Government Y2K Loan Program does 47,447
not require site visits, inspections, or assessments of county or 47,448
local government computer systems or operations. 47,449
This section expires on January 1, 2001. 47,451
Section 10. AAM COMMISSION ON AFRICAN AMERICAN MALES 47,453
General Revenue Fund 47,455
GRF 036-100 Personal Services $ 549,872 $ 563,069 47,459
GRF 036-200 Maintenance $ 119,750 $ 122,768 47,463
GRF 036-300 Equipment $ 6,000 $ 6,000 47,467
TOTAL GRF General Revenue Fund $ 675,622 $ 691,837 47,470
State Special Revenue Fund Group 47,473
4H3 036-601 Commission on African 47,474
American Males -
Gifts/Grants $ 210,000 $ 210,000 47,476
TOTAL SSR State Special Revenue $ 210,000 $ 210,000 47,480
Fund Group
TOTAL ALL BUDGET FUND GROUP $ 885,622 $ 901,837 47,483
Section 11. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 47,486
General Revenue Fund 47,488
1076
GRF 029-321 Operating Expenses $ 381,126 $ 381,126 47,493
TOTAL GRF General Revenue Fund $ 381,126 $ 381,126 47,496
TOTAL ALL BUDGET FUND GROUPS $ 381,126 $ 381,126 47,499
Operating 47,502
The Chief Administrative Officer of the House of 47,504
Representatives and the Clerk of the Senate shall determine, by 47,505
mutual agreement, which of them shall act as the fiscal agent for 47,507
the Joint Committee on Agency Rule Review.
Section 12. AGE DEPARTMENT OF AGING 47,509
General Revenue Fund 47,511
GRF 490-100 Personal Services $ 2,038,021 $ 2,010,528 47,516
GRF 490-200 Maintenance $ 898,667 $ 916,640 47,520
GRF 490-300 Equipment $ 16,633 $ 16,966 47,524
GRF 490-403 PASSPORT $ 56,400,000 $ 60,300,000 47,528
GRF 490-404 Eldercare $ 211,287 $ 155,200 47,532
GRF 490-408 STARS $ 2,037,000 $ 2,138,850 47,536
GRF 490-409 Americorps Operations $ 320,000 $ 318,000 47,540
GRF 490-410 Long-Term Care 47,542
Ombudsman $ 1,431,251 $ 1,459,876 47,544
GRF 490-411 Senior Community 47,546
Services $ 13,843,032 $ 14,168,112 47,548
GRF 490-412 Residential State 47,550
Supplement $ 12,000,000 $ 13,600,000 47,552
GRF 490-414 Alzheimers Respite $ 3,027,217 $ 4,527,217 47,556
GRF 490-418 Area Agency on Aging 47,558
Region 9, Inc. $ 77,036 $ 0 47,561
GRF 490-499 Senior Employment 47,563
Program $ 15,504 $ 15,892 47,565
GRF 490-504 Senior Facilities $ 366,354 $ 375,146 47,569
GRF 490-506 Senior Volunteers $ 495,541 $ 506,714 47,573
TOTAL GRF General Revenue Fund $ 93,177,543 $ 100,509,141 47,576
General Services Fund Group 47,579
480 490-606 Senior Citizens 47,582
Services Special
1077
Events $ 347,422 $ 355,760 47,584
TOTAL GSF General Services Fund 47,585
Group $ 347,422 $ 355,760 47,588
Federal Special Revenue Fund Group 47,591
3C4 490-607 PASSPORT $ 115,382,758 $ 125,869,741 47,596
3M3 490-611 Federal Aging 47,598
Nutrition $ 23,487,872 $ 25,010,161 47,600
3M4 490-612 Federal Supportive 47,602
Services $ 16,806,644 $ 18,537,855 47,604
3R7 490-617 Americorps Programs $ 6,116,058 $ 6,408,865 47,608
322 490-618 Older Americans 47,610
Support Services $ 11,054,648 $ 11,946,028 47,613
TOTAL FED Federal Special Revenue 47,614
Fund Group $ 172,847,980 $ 187,772,650 47,617
State Special Revenue Fund Group 47,620
4C4 490-609 Regional Long-Term 47,623
Care Ombudsman 47,624
Program $ 420,614 $ 430,709 47,626
4H1 490-603 Aging Services $ 681,087 $ 697,433 47,630
4J4 490-610 PASSPORT/Residential 47,632
State Supplement $ 24,000,000 $ 24,000,000 47,634
4U9 490-602 PASSPORT Fund $ 7,300,000 $ 7,500,000 47,638
TOTAL SSR State Special Revenue 47,639
Fund Group $ 32,401,701 $ 32,628,142 47,642
TOTAL ALL BUDGET FUND GROUPS $ 298,774,646 $ 321,265,693 47,645
Section 12.01. Pre-Admission Review for Nursing Facility 47,648
Admission 47,649
Pursuant to sections 5101.751 and 5101.754 of the Revised 47,652
Code and an interagency agreement, the Department of Human 47,653
Services shall designate the Department of Aging to perform 47,655
assessments under sections 5101.75 and 5111.204 of the Revised 47,657
Code. Of the foregoing appropriation item 490-403, PASSPORT, the 47,659
Department of Aging may use not more than $2,200,000 in fiscal 47,660
year 2000 and $2,332,000 in fiscal year 2001 to perform the 47,662
1078
assessments for persons not eligible for Medicaid in accordance 47,663
with the department's interagency agreement with the Department 47,665
of Human Services in fiscal year 2000 and with the Department of 47,666
Job and Family Services in fiscal year 2001 and to assist
individuals in planning for their long-term health care needs. 47,668
Section 12.02. PASSPORT 47,670
Appropriation item 490-403, PASSPORT, and the amounts set 47,672
aside for the PASSPORT Waiver Program in appropriation item 47,673
490-610, PASSPORT/Residential State Supplement, may be used to 47,675
assess clients regardless of Medicaid eligibility. 47,676
The Director of Aging shall adopt rules in accordance with 47,678
section 111.15 of the Revised Code governing the nonwaiver funded 47,679
PASSPORT program, including client eligibility. 47,680
The Department of Aging shall administer the Medicaid 47,682
Waiver funded PASSPORT Home Care program as delegated by the 47,683
Department of Human Services in an interagency agreement. The 47,684
foregoing appropriation items 490-403, PASSPORT, 490-603, Aging 47,685
Services, and the amounts set aside for the PASSPORT Waiver 47,687
Program in appropriation item 490-610, PASSPORT/Residential State 47,688
Supplement, shall be used to provide the required state match for 47,690
federal Medicaid funds supporting the Medicaid Waiver funded 47,691
PASSPORT Home Care program. Appropriation item 490-403, 47,692
PASSPORT, and the amounts set aside for the PASSPORT Waiver 47,693
Program in appropriation item 490-610, PASSPORT/Residential State 47,694
Supplement, may also be used to support the Department of Aging's 47,696
administrative costs associated with operating the PASSPORT 47,697
program.
The foregoing appropriation item 490-607, PASSPORT, shall 47,699
be used to provide the federal matching share for all PASSPORT 47,700
program costs determined by the Department of Human Services to 47,701
be eligible for Medicaid reimbursement. 47,702
Eldercare Pilot 47,704
The foregoing appropriation item 490-404, Eldercare, shall 47,707
be used to fund the existing eldercare service programs and shall 47,708
1079
be limited to providing services to those persons who are 47,709
enrolled in these programs on the effective date of this section. 47,710
STARS 47,712
The STARS (Seniors Teaching and Reaching Students) program 47,714
shall maintain at least one program in a rural district. 47,716
Senior Community Services 47,718
The foregoing appropriation item 490-411, Senior Community 47,720
Services, shall be used for services designated by the Department 47,722
of Aging including, but not limited to, home-delivered meals, 47,724
transportation services, personal care services, respite 47,726
services, home repair, and care coordination. The Department of 47,728
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 47,730
income, frail, and cognitively impaired persons age 60 and over. 47,732
The department shall promote cost sharing by service recipients 47,734
for those services funded with block grant funds, including, 47,736
where possible, sliding-fee scale payment systems based on the 47,738
income of service recipients.
Of the foregoing appropriation item 490-411, Senior 47,740
Community Services, $100,000 in each fiscal year shall be for the 47,741
Visiting Nurses Association of Cleveland. 47,742
Of the foregoing appropriation item 490-411, Senior 47,744
Community Services, $98,000 in each fiscal year shall be for the 47,745
Parma Nutrition Program.
Of the foregoing appropriation item 490-411, Senior 47,747
Community Services, $100,000 in each fiscal year shall be for the 47,748
provision of transportation services for seniors by Jewish 47,749
Federations around the state. 47,750
Alzheimers Respite 47,752
The foregoing appropriation item 490-414, Alzheimers 47,754
Respite, shall be used only to fund Alzheimer's disease services 47,756
under section 173.04 of the Revised Code.
Residential State Supplement 47,758
Of the foregoing appropriation item 490-412, Residential 47,760
1080
State Supplement, $1,600,000 in fiscal year 2001 shall be used to 47,761
increase, by at least $48, both the monthly benefit payments to 47,764
Residential State Supplement recipients and the allowable fee the 47,765
Residential State Supplement recipient pays to the provider of 47,766
the approved living arrangement.
Under the Residential State Supplement Program, the amount 47,768
used to determine whether a resident is eligible for payment and 47,769
for determining the amount per month the eligible resident will 47,770
receive shall be as follows: 47,771
(A) $850 for a residential care facility, as defined in 47,773
section 3721.01 of the Revised Code; 47,774
(B) $850 for an Adult Group Home, as defined in Chapter 47,776
3722. of the Revised Code; 47,777
(C) $750 for an Adult Foster Home, as defined in Chapter 47,779
173. of the Revised Code; 47,780
(D) $750 for an Adult Family Home, as defined in Chapter 47,782
3722. of the Revised Code; 47,783
(E) $750 for an Adult Community Alternative Home, as 47,785
defined in Chapter 3724. of the Revised Code; 47,786
(F) $750 for an Adult Residential Facility, as defined in 47,788
Chapter 5119. of the Revised Code; 47,789
(G) $550 for Adult Community Mental Health Housing 47,791
Services, as defined in division (B)(5) of section 173.35 of the 47,792
Revised Code.
The Departments of Aging and Human Services shall reflect 47,794
this amount in any applicable rules the departments adopt under 47,795
section 173.35 of the Revised Code. 47,796
Effective July 1, 2000, the amounts $850, $750, and $550 47,798
shall be increased by at least $48 to reflect the $1,600,000 47,799
increase in funding for the Residential State Supplement program 47,800
set aside in fiscal year 2001 in appropriation item 490-412. 47,801
Transfer of Residential State Supplement Appropriations 47,803
The Department of Aging may transfer cash by intrastate 47,805
transfer vouchers from the foregoing appropriation items 490-412, 47,807
1081
Residential State Supplement, and 490-610, PASSPORT/Residential 47,809
State Supplement, to the Department of Human Services' Fund 4J5, 47,811
Home and Community-Based Services for the Aged Fund. The funds 47,813
shall be used to make benefit payments to Residential State 47,815
Supplement recipients.
Long-Term Care Ombudsman 47,817
The foregoing appropriation item 490-410, Long-Term Care 47,819
Ombudsman, shall be used for a program to fund ombudsman program 47,822
activities in nursing homes, adult care facilities, boarding 47,823
homes, and home and community care services. 47,824
Senior Volunteers 47,826
Of the foregoing appropriation item 490-506, Senior 47,828
Volunteers, in fiscal year 2000, $232,904 shall be for the 47,829
Retired Senior Volunteer Program, $113,975 shall be for the 47,830
Foster Grandparent Program, and $148,662 shall be for the Senior 47,831
Companion Program. In fiscal year 2001, $238,156 shall be for
the Retired Senior Volunteer Program, $116,544 shall be for the 47,832
Foster Grandparent Program, and $152,014 shall be for the Senior 47,833
Companion Program.
Regional Long-Term Care Ombudsman Programs 47,835
The foregoing appropriation item 490-609, Regional 47,837
Long-Term Care Ombudsman Programs, shall be used solely to pay 47,840
the costs of operating the regional long-term care ombudsman 47,841
programs.
PASSPORT/Residential State Supplement 47,843
Of the foregoing appropriation item 490-610, 47,845
PASSPORT/Residential State Supplement, up to $2,835,000 each 47,846
fiscal year shall be used to fund the Residential State 47,848
Supplement program. The remaining available funds shall be used 47,849
to fund the PASSPORT program. 47,850
Section 12.03. Residential State Supplement 47,852
If the Department of Aging, in consultation with the 47,854
Director of Budget and Management, determines that available 47,855
funding is insufficient to make payments to all eligible 47,856
1082
individuals, the department may establish priority policies to 47,857
further limit eligibility criteria. 47,858
Transfer of Appropriations - Federal Aging Nutrition, 47,860
Federal Supportive Services, and Older Americans Support Services 47,862
Upon written request of the Director of the Department of 47,864
Aging, the Director of Budget and Management may transfer 47,866
appropriation authority among line items 490-611, Federal Aging 47,868
Nutrition, 490-612, Federal Supportive Services, and 490-618, 47,870
Older Americans Support Services, in amounts not to exceed 30 per
cent of the appropriation from which the transfer is made. The 47,872
Department of Aging shall report such transfers to the 47,874
Controlling Board at the next regularly scheduled meeting of the 47,876
board.
Americorps 47,878
The foregoing appropriation items 490-409, Americorps 47,880
Operations, and 490-617, Americorps Programs, shall be used in 47,882
accordance with section 121.40 of the Revised Code. 47,883
Section 12.04. As used in this section, "PASSPORT Program" 47,885
means the program created by section 173.40 of the Revised Code. 47,886
Not later than ninety days after the effective date of this 47,888
section, the Department of Aging shall begin a study to determine 47,889
the best means of increasing reimbursement rates for providers of 47,890
adult day-care services under the PASSPORT Program. In making 47,891
the determination, the department shall recognize the differences 47,892
between core, enhanced, and intensive levels of care provided by 47,893
providers of adult day-care services due to the acuity levels of 47,894
clients and other factors. The department shall exclude 47,895
transportation and bathing from adult day-care services in the 47,896
study. The department shall include in the study a proposal to 47,897
increase reimbursement rates for the three different levels of 47,898
care and a fiscal analysis of the proposed increased rates. 47,899
Section 13. AGR DEPARTMENT OF AGRICULTURE 47,901
General Revenue Fund 47,903
GRF 700-321 Operating Expenses $ 3,238,140 $ 3,257,801 47,908
1083
GRF 700-401 Animal Disease 47,910
Control $ 4,068,075 $ 4,058,066 47,912
GRF 700-402 Amusement Ride Safety $ 324,839 $ 320,887 47,916
GRF 700-403 Milk Lab Program $ 1,625,380 $ 1,626,907 47,920
GRF 700-404 Ohio Proud $ 268,859 $ 271,720 47,924
GRF 700-405 Animal Damage Control $ 110,493 $ 111,135 47,928
GRF 700-406 Consumer Analytical 47,930
Lab $ 828,046 $ 817,680 47,932
GRF 700-407 Foods, Dairies, and 47,934
Drugs $ 1,528,717 $ 1,519,869 47,936
GRF 700-409 Farmland Preservation $ 188,942 $ 188,892 47,940
GRF 700-410 Plant Industry $ 1,669,128 $ 1,652,998 47,944
GRF 700-411 International Trade 47,946
and Market
Development $ 1,175,427 $ 1,176,063 47,948
GRF 700-412 Weights and Measures $ 1,064,691 $ 1,066,207 47,952
GRF 700-413 Gypsy Moth Prevention $ 384,232 $ 384,864 47,956
GRF 700-415 Poultry Inspection $ 296,552 $ 297,964 47,960
GRF 700-424 Livestock Testing and 47,962
Inspections $ 250,839 $ 255,659 47,964
GRF 700-499 Meat Inspection Match $ 4,651,662 $ 4,604,566 47,968
GRF 700-501 County Agricultural 47,970
Societies $ 455,900 $ 466,842 47,972
GRF 700-503 Swine and Cattle 47,974
Breeder Awards $ 121,250 $ 124,160 47,976
TOTAL GRF General Revenue Fund $ 22,251,172 $ 22,202,280 47,979
Federal Special Revenue Fund Group 47,982
3J4 700-607 Indirect Cost $ 785,968 $ 783,080 47,987
3R2 700-614 Federal Plant 47,989
Industry $ 506,539 $ 492,198 47,991
326 700-618 Meat Inspection 47,993
Service $ 4,451,662 $ 4,444,566 47,995
336 700-617 Ohio Farm Loan 47,997
Revolving Fund $ 194,180 $ 194,180 47,999
1084
382 700-601 Cooperative Contracts $ 697,631 $ 712,631 48,003
TOTAL FED Federal Special Revenue 48,004
Fund Group $ 6,635,980 $ 6,626,655 48,007
State Special Revenue Fund Group 48,010
4C9 700-605 Feed, Fertilizer, and 48,013
Lime Inspection $ 791,987 $ 767,311 48,015
4E4 700-606 Utility Radiological 48,017
Safety $ 100,211 $ 99,733 48,019
4P7 700-610 Food Safety $ 237,871 $ 237,453 48,023
4R0 700-636 Ohio Proud Marketing $ 26,291 $ 26,922 48,027
4R2 700-637 Dairy Inspection Fund $ 2,293,385 $ 2,286,261 48,031
4T6 700-611 Poultry and Meat 48,033
Inspection $ 67,002 $ 66,751 48,035
4T7 700-613 International Trade 48,037
Fund $ 29,446 $ 30,153 48,039
4V0 700-602 License Fees $ 33,158 $ 33,954 48,043
4V5 700-615 Animal Industry Lab 48,045
Fund $ 13,146 $ 13,461 48,047
493 700-603 Fruits and Vegetables $ 377,621 $ 377,596 48,051
494 700-612 Agricultural 48,053
Commodity Marketing
Program $ 217,206 $ 222,419 48,055
496 700-626 Ohio Grape Industries $ 534,519 $ 531,474 48,059
497 700-627 Commodity Handlers 48,061
Regulatory Program $ 853,883 $ 850,342 48,063
5H2 700-608 Metrology Lab $ 56,412 $ 57,766 48,067
578 700-620 Ride Inspection Fees $ 419,220 $ 403,787 48,071
579 700-630 Scale Certification $ 237,387 $ 237,507 48,075
652 700-634 Laboratory Services $ 1,030,008 $ 1,037,518 48,079
669 700-635 Pesticide Program $ 1,552,133 $ 1,532,077 48,083
TOTAL SSR State Special Revenue
Fund Group $ 8,870,886 $ 8,812,485 48,086
TOTAL ALL BUDGET FUND GROUPS $ 37,758,038 $ 37,641,420 48,089
Nursery Field Inspectors 48,092
1085
Of the foregoing appropriation item 700-410, Plant 48,094
Industry, $100,000 in each fiscal year shall be used for nursery 48,095
field inspectors.
Poultry Inspector 48,097
Of the foregoing appropriation item 700-415, Poultry 48,099
Inspection, $35,000 in each fiscal year shall be used to pay for 48,100
an additional poultry inspector.
Ohio Cattletrax Network 48,102
Of the foregoing appropriation item 700-424, Livestock 48,104
Testing and Inspections, $50,000 in each fiscal year shall be 48,105
used for the Ohio Cattletrax Network. 48,106
Exotic Meat Inspection 48,108
Of the foregoing appropriation item 700-499, Meat 48,110
Inspection Match, $10,000 in fiscal year 2000 and $10,000 in 48,111
fiscal year 2001 shall be used for the inspection of exotic meat. 48,112
Section 14. AIR AIR QUALITY DEVELOPMENT AUTHORITY 48,114
Agency Fund Group 48,116
4Z9 898-602 Small Business 48,119
Ombudsman $ 204,600 $ 209,579 48,121
5A0 898-603 Small Business 48,123
Assistance $ 184,140 $ 188,500 48,125
570 898-601 Operating Expenses $ 217,732 $ 223,000 48,129
TOTAL AGY Agency Fund Group $ 606,472 $ 621,079 48,132
TOTAL ALL BUDGET FUND GROUPS $ 606,472 $ 621,079 48,135
Section 15. ADA DEPARTMENT OF ALCOHOL AND 48,138
DRUG ADDICTION SERVICES 48,139
General Revenue Fund 48,141
GRF 038-321 Operating Expenses $ 1,549,614 $ 2,532,505 48,146
GRF 038-401 Alcohol and Drug 48,148
Addiction Services $ 32,481,379 $ 32,818,617 48,150
GRF 038-404 Prevention Services $ 1,589,136 $ 1,455,436 48,154
TOTAL GRF General Revenue Fund $ 35,620,129 $ 36,806,558 48,157
Federal Special Revenue Fund Group 48,160
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 48,165
1086
3G4 038-614 Substance Abuse Block 48,167
Grant $ 61,964,608 $ 61,964,607 48,169
3H8 038-609 Demonstration Grants $ 2,999,879 $ 2,355,089 48,173
3J8 038-610 Medicaid $ 21,500,000 $ 21,500,000 48,177
3N8 038-611 Administrative 48,179
Reimbursement $ 932,509 $ 335,703 48,181
TOTAL FED Federal Special Revenue 48,182
Fund Group $ 91,749,561 $ 90,507,964 48,185
State Special Revenue Fund Group 48,188
4C5 038-606 Revolving 48,191
Loans/Recovery Homes $ 20,460 $ 20,972 48,193
475 038-621 Statewide Treatment 48,195
and Prevention $ 15,897,330 $ 16,338,475 48,197
5B7 038-629 TANF Transfer - 48,199
Treatment $ 1,500,000 $ 2,000,000 48,201
5E8 038-630 TANF Transfer - 48,203
Mentoring $ 123,864 $ 271,424 48,205
689 038-604 Education and 48,207
Conferences $ 255,516 $ 260,624 48,209
TOTAL SSR State Special Revenue 48,210
Fund Group $ 17,797,170 $ 18,891,495 48,213
TOTAL ALL BUDGET FUND GROUPS $ 145,166,860 $ 146,206,017 48,216
Operating Expenses 48,219
Of the foregoing appropriation item 038-321, Operating 48,221
Expenses, $1,000,000 in fiscal year 2001 shall be set aside for 48,222
the operations of the Allman Building and the Eyman Building at 48,223
the Massillon Psychiatric Center.
Am. Sub. H.B. 484 of the 122nd General Assembly 48,226
Of the foregoing appropriation item 038-401, Alcohol and 48,228
Drug Addiction Services, $4 million in each fiscal year shall be 48,229
allocated on a per capita basis to local ADAS/ADAMHS boards for 48,230
services to families, adults, and adolescents pursuant to the 48,231
requirements of Am. Sub. H.B. 484 of the 122nd General Assembly. 48,232
Vocational Rehabilitation Services Agreement 48,234
1087
The Department of Alcohol and Drug Addiction Services and 48,236
the Rehabilitation Services Commission shall enter into an 48,237
interagency agreement for the provision of vocational 48,238
rehabilitation services and staff to mutually eligible clients. 48,239
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, an amount up to $171,395 in fiscal year 2000 48,241
and $171,395 in fiscal year 2001 may be transferred to the 48,242
Rehabilitation Services Commission appropriation item 415-618, 48,243
Third Party Funding, to provide vocational rehabilitation 48,244
services and staff in accordance with the interagency agreement. 48,245
Treatment Services Expansion 48,247
Of the foregoing appropriation item 038-401, Alcohol and 48,249
Drug Addiction Services, $5,000,000 in fiscal year 2000 and 48,251
$5,000,000 in fiscal year 2001 shall be used by the Department of 48,253
Alcohol and Drug Addiction Services to expand community-based 48,254
treatment of nonviolent offenders, rural treatment services, and 48,255
treatment services to persons under 100 per cent of the federal
poverty guidelines. 48,256
Funding for the Client Engagement and Treatment Outcomes 48,258
Study
Of the foregoing appropriation item 038-401, Alcohol and 48,260
Drug Addiction Services, $150,000 in fiscal year 2000 and 48,261
$150,000 in fiscal year 2001 shall be used to fund the study 48,263
required in this section under the heading "Client Engagement and 48,264
Treatment Outcomes Study." The funds shall be allocated to the 48,265
Department for the cost of data collection and analysis. The 48,266
Department shall use no more than five per cent of these funds 48,267
for administration.
Alcohol and Drug Addiction Services Transfer 48,269
The foregoing appropriation item 038-629, TANF 48,271
Transfer-Treatment, shall be used to provide substance abuse 48,272
prevention and treatment services to children, or their families, 48,273
whose income is at or below 200 per cent of the official income 48,274
poverty guideline. 48,275
1088
The foregoing appropriation item 038-630, TANF 48,277
Transfer-Mentoring, shall be used to fund adolescent youth 48,278
mentoring programs for children, or their families, whose income 48,279
is at or below 200 per cent of the official income poverty 48,280
guideline. The Director of Alcohol and Drug Addiction Services 48,281
and the Directors of Human Services and Job and Family Services 48,283
shall develop operating and reporting guidelines for these 48,284
programs.
Community Treatment Services 48,286
Of the foregoing appropriation item 038-401, Alcohol and 48,288
Drug Addiction Services, $100,000 in each fiscal year shall go to 48,289
the Stark County Alcohol and Drug Addiction Services Center to 48,290
provide treatment services. 48,291
Of the foregoing appropriation item 038-401, Alcohol and 48,293
Drug Addiction Services, $400,000 in each fiscal year shall go to 48,294
the Bellfaire/Jewish Children's Bureau to provide substance abuse 48,295
treatment services.
Of the foregoing appropriation item 038-401, Alcohol and 48,297
Drug Addiction Services, $75,000 in each fiscal year shall be for 48,298
the Talbert House.
Parent Awareness Task Force 48,300
The Parent Awareness Task Force shall study ways to engage 48,302
more parents in activities, coalitions, and educational programs 48,303
in Ohio relating to alcohol and other drug abuse prevention. Of 48,304
the foregoing appropriation item 038-404, Prevention Services, 48,305
$30,000 in each fiscal year may be used to support the functions 48,306
of the Parent Awareness Task Force.
Prevention Services 48,308
Of the foregoing appropriation item 038-404, Prevention 48,310
Services, $160,000 in fiscal year 2000 shall be distributed in 48,311
equal shares to all Urban Minority Alcohol and Drug Abuse 48,312
Outreach Programs in the state.
Fund Adjustments 48,314
Effective July 1, 1999, or as soon thereafter as possible, 48,316
1089
the Director of Budget and Management shall transfer the cash 48,318
balance in the Driver's Treatment and Intervention Fund (Fund 48,319
474), which is abolished in division (L)(2)(a) of section 48,320
4511.191 of the Revised Code, as amended by this act, to the
Statewide Treatment and Prevention Fund (Fund 475), which is 48,322
created in section 4301.30 of the Revised Code and was formerly 48,323
named the Alcoholism Detoxification Centers Fund. The director
shall cancel any existing encumbrances against appropriation item 48,325
038-628, DWI Treatment (Fund 474), and reestablish them against 48,326
appropriation item 038-621, Statewide Treatment and Prevention,
Fund 475. The amounts of the reestablished encumbrances are 48,327
hereby appropriated. 48,328
Client Treatment Outcomes Study 48,330
(A) Not later than ninety days after the effective date of 48,332
this section, the Department of Alcohol and Drug Addiction 48,333
Services shall contract with an entity with demonstrated 48,334
scientific expertise in performing outcome research to study 48,335
client treatment outcomes. The Department shall establish 48,336
requirements for conducting the study, including the methodology 48,337
for data collection and analysis, and shall require that the 48,338
study be conducted in accordance with a scientifically valid 48,339
methodology for measuring treatment outcomes. 48,340
(B) In addition to the requirements established by the 48,342
Department, the study shall do all of the following: 48,343
(1) Be conducted over a period of two years; 48,345
(2) Utilize a data collection methodology that includes 48,347
direct contact of former clients who have agreed to be subjects 48,348
of the study on the fifteenth, thirtieth, sixtieth, one hundred 48,349
eightieth, and three hundred sixtieth day after discharge. The 48,350
study may include analysis of secondary data sources, survey 48,351
current efforts of boards of alcohol, drug addiction, and mental 48,352
health services and alcohol and drug addiction programs regarding 48,353
their efforts to measure client outcomes, or both; 48,354
(3) Collect data with which to measure outcome variables, 48,356
1090
including relapse, criminal recidivism, health status, and 48,357
employment status of the subjects of the study; 48,358
(4) Determine the most successful means of, and time 48,360
frames for, intervening with the subjects of the study after 48,361
discharge from alcohol and drug addiction treatment to prevent 48,362
relapse, maximize life stability, and, in the case of subjects 48,363
who relapse, intervene as early as possible to assist them in 48,364
participating in appropriate services and activities; 48,365
(5) Recommend changes to existing statewide clinical 48,367
protocols and quality standards for publicly funded alcohol and 48,368
drug addiction treatment services with the goal of reducing rates 48,369
of relapse after treatment discharge; 48,370
(6) Be conducted in accordance with section 3793.13 of the 48,372
Revised Code and federal regulations governing the 48,373
confidentiality of client treatment records. 48,374
(C) The Department shall pursue funding available to 48,376
support the work of the study. 48,377
(D) Not later than ninety days after the conclusion of the 48,379
study, the Department shall issue a report to the Speaker and 48,380
Minority Leader of the House of Representatives and the President 48,381
and Minority Leader of the Senate. The report shall contain a 48,382
summary of the results and conclusions of the study, including 48,383
recommendations for changes to state law and rules with the goal 48,384
of improving clinical quality and reducing rates of relapse 48,385
following treatment discharge. 48,386
Section 16. AMB AMBULANCE LICENSING BOARD 48,388
General Services Fund Group 48,390
4N1 915-601 Operating Expenses $ 238,563 $ 235,570 48,395
TOTAL GSF General Services 48,396
Fund Group $ 238,563 $ 235,570 48,399
TOTAL ALL BUDGET FUND GROUPS $ 238,563 $ 235,570 48,402
Section 17. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 48,405
General Services Fund Group 48,407
4K9 891-609 Operating Expenses $ 430,407 $ 430,473 48,412
1091
TOTAL GSF General Services Fund 48,413
Group $ 430,407 $ 430,473 48,416
TOTAL ALL BUDGET FUND GROUPS $ 430,407 $ 430,473 48,419
Section 18. ART OHIO ARTS COUNCIL 48,423
General Revenue Fund 48,425
GRF 370-100 Personal Services $ 2,152,354 $ 2,183,954 48,430
GRF 370-200 Maintenance $ 565,024 $ 578,585 48,434
GRF 370-300 Equipment $ 33,500 $ 34,304 48,438
GRF 370-502 Program Subsidies $ 13,705,728 $ 13,482,842 48,442
TOTAL GRF General Revenue Fund $ 16,456,606 $ 16,279,685 48,445
General Services Fund Group 48,448
4B7 370-603 Per Cent for Art 48,451
Acquisitions $ 81,066 $ 83,012 48,453
460 370-602 Gifts and Donations $ 121,661 $ 124,368 48,457
TOTAL GSF General Services Fund 48,458
Group $ 202,727 $ 207,380 48,461
Federal Special Revenue Fund Group 48,464
314 370-601 Federal Programs $ 664,600 $ 664,600 48,469
TOTAL FED Federal Special Revenue 48,470
Fund Group $ 664,600 $ 664,600 48,473
TOTAL ALL BUDGET FUND GROUPS $ 17,323,933 $ 17,151,665 48,476
Program Subsidies 48,479
A museum is not eligible to receive funds from 48,481
appropriation item 370-502, Program Subsidies, if $8,000,000 or 48,482
more in capital appropriations were appropriated by the state for 48,483
the museum between January 1, 1986, and December 31, 2000. 48,484
Per Cent for Art Acquisitions 48,486
The unobligated balance remaining from prior projects of 48,488
appropriation item 370-603, Per Cent for Art Acquisitions, shall 48,490
be used by the Ohio Arts Council to pay for start-up costs in 48,491
connection with the selection of artists of new Per Cent for Art 48,492
projects.
In accordance with section 3379.10 of the Revised Code, the 48,494
Director of Budget and Management shall determine which 48,495
1092
appropriations in this act are subject to the Per Cent for the 48,496
Arts Program. Not later than forty-five days after the effective 48,497
date of this section, the Director of Budget and Management shall 48,498
submit to the Director of the Ohio Arts Council and the 48,499
Controlling Board a report detailing the affected capital 48,500
projects by agency and appropriation item number, the amount of 48,502
the appropriation, and the amount of the appropriation reserved 48,503
for the Per Cent for the Arts Program.
Section 19. AFC OHIO ARTS AND SPORTS FACILITIES 48,506
COMMISSION 48,507
General Revenue Fund 48,509
GRF 371-321 Operating Expenses $ 908,925 $ 940,557 48,514
GRF 371-401 Lease Rental Payments $ 24,400,000 $ 32,600,000 48,518
TOTAL GRF General Revenue Fund $ 25,308,925 $ 33,540,557 48,521
General Services Fund Group 48,524
4T8 371-601 Riffe Theatre 48,527
Equipment Maintenance $ 21,622 $ 22,141 48,529
TOTAL GSF General Services Fund 48,530
Group $ 21,622 $ 22,141 48,533
TOTAL ALL BUDGET FUND GROUPS $ 25,330,547 $ 33,562,698 48,536
Capital Donations Fund 48,539
The Executive Director of the Arts and Sports Facilities 48,541
Commission shall certify to the Director of Budget and Management 48,542
the amount of cash receipts and related investment income, 48,543
irrevocable letters of credit from a bank or private nonprofit 48,544
entity, or certification of the availability of funds which have 48,545
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 48,546
appropriation item 371-602, Capital Donations. Prior to 48,548
certifying these amounts to the director, the executive director 48,549
shall make a written agreement with the participating entity on 48,550
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 48,551
Capital Donations Fund Refunds 48,553
1093
At the request of the Arts and Sports Facilities 48,555
Commission, the Director of Budget and Management shall cancel 48,556
current and prior-year encumbrances in appropriation item 48,557
371-602, Capital Donations Fund, which are no longer needed for a 48,558
project to refund excess donations as authorized in section
3383.08 of the Revised Code. As determined by the Director of 48,559
Budget and Management, the appropriation authority necessary to 48,560
make the refund is hereby appropriated. 48,561
Ohio Building Authority Lease Payments 48,563
Appropriations to the Arts and Sports Facilities Commission 48,565
from the General Revenue Fund include $57,000,000 for the 48,566
biennium for appropriation item 371-401, Lease Rental Payments. 48,567
This appropriation shall be used for payments to the Ohio 48,568
Building Authority for the period July 1, 1999, to June 30, 2001, 48,569
pursuant to the primary leases and agreements for those buildings 48,570
made under Chapter 152. of the Revised Code which are the source 48,571
of funds pledged for bond service charges on related obligations 48,572
issued pursuant to Chapter 152. of the Revised Code. 48,573
Section 20. ATH ATHLETIC COMMISSION 48,575
Special Services Fund Group 48,577
4K9 175-609 Athletic Commission - 48,580
Operating $ 137,640 $ 137,946 48,582
TOTAL GSF General Services Fund $ 137,640 $ 137,946 48,585
Group
TOTAL ALL BUDGET FUND GROUPS $ 137,640 $ 137,946 48,588
Section 21. AGO ATTORNEY GENERAL 48,591
General Revenue Fund 48,593
GRF 055-321 Operating Expenses $ 56,367,407 $ 60,440,184 48,598
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 48,602
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 48,606
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 48,610
TOTAL GRF General Revenue Fund $ 57,643,210 $ 61,751,710 48,613
General Services Fund Group 48,616
106 055-612 General Reimbursement $ 12,452,999 $ 12,810,180 48,621
1094
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 48,625
195 055-660 Workers' Compensation 48,627
Section $ 6,646,301 $ 6,794,833 48,629
4Y7 055-608 Title Defect 48,631
Rescission $ 785,800 $ 807,141 48,633
4Z2 055-609 BCI Asset Forfeiture 48,635
and Cost
Reimbursement $ 308,400 $ 317,035 48,637
418 055-615 Charitable 48,639
Foundations $ 1,460,757 $ 1,498,158 48,641
420 055-603 Attorney General 48,643
Antitrust $ 420,108 $ 426,184 48,645
421 055-617 Police Officers' 48,647
Training Academy Fee $ 1,035,353 $ 1,062,272 48,649
5A9 055-618 Telemarketing Fraud 48,651
Enforcement $ 50,000 $ 50,000 48,653
590 055-633 Peace Officer Private 48,655
Security Fund $ 85,962 $ 90,790 48,657
629 055-636 Corrupt Activity 48,659
Investigation and
Prosecution $ 100,503 $ 103,317 48,661
631 055-637 Consumer Protection 48,663
Enforcement $ 1,090,936 $ 1,103,555 48,665
TOTAL GSF General Services Fund 48,666
Group $ 25,501,778 $ 26,179,934 48,669
Federal Special Revenue Fund Group 48,671
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 48,676
3R6 055-613 Attorney General 48,678
Federal Funds $ 1,000,000 $ 1,000,000 48,680
306 055-620 Medicaid Fraud 48,682
Control $ 2,515,772 $ 2,515,772 48,684
381 055-611 Civil Rights Legal 48,686
Service $ 315,329 $ 315,329 48,688
1095
383 055-634 Crime Victims 48,690
Assistance $ 8,000,000 $ 6,500,000 48,692
TOTAL FED Federal Special Revenue 48,693
Fund Group $ 14,481,101 $ 12,981,101 48,696
State Special Revenue Fund Group 48,699
108 055-622 Crime Victims 48,702
Compensation $ 4,039,318 $ 4,142,419 48,704
176 055-625 Victims Assistance 48,706
Office $ 374,768 $ 384,353 48,708
177 055-626 Victims Assistance 48,710
Programs $ 1,745,612 $ 1,794,489 48,712
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 48,716
417 055-621 Domestic Violence 48,718
Shelter $ 13,458 $ 13,835 48,720
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 48,724
659 055-641 Solid and Hazardous 48,726
Waste Background
Investigations $ 756,162 $ 775,535 48,728
TOTAL SSR State Special Revenue 48,729
Fund Group $ 27,408,071 $ 28,032,538 48,732
Holding Account Redistribution Fund Group 48,735
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 48,740
R04 055-631 General Holding 48,742
Account $ 75,000 $ 75,000 48,744
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 48,748
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 48,752
R42 055-601 Organized Crime 48,754
Commission Account $ 200,000 $ 200,000 48,756
TOTAL 090 Holding Account 48,757
Redistribution Fund Group $ 1,040,600 $ 1,040,600 48,760
TOTAL ALL BUDGET FUND GROUPS $ 126,074,760 $ 129,985,883 48,763
Law-Related Education 48,766
The foregoing appropriation item 055-405, Law-Related 48,768
Education, shall be distributed directly to the Ohio Center for 48,769
1096
Law-Related Education for the purposes of providing continuing 48,770
citizenship education activities to primary and secondary 48,771
students and accessing additional public and private money for 48,772
new programs. 48,773
Workers' Compensation Section 48,775
The Workers' Compensation Section Fund (Fund 195) shall 48,777
receive payments from the Bureau of Workers' Compensation and the 48,778
Ohio Industrial Commission at the beginning of each quarter of 48,779
each fiscal year to fund legal services to be provided to the 48,780
Bureau of Workers' Compensation and the Ohio Industrial 48,781
Commission during the ensuing quarter. Such advance payment 48,782
shall be subject to adjustment. 48,783
In addition, the Bureau of Workers' Compensation shall 48,785
transfer payments at the beginning of each quarter for the 48,786
support of the Workers' Compensation Fraud Unit. 48,787
All amounts shall be mutually agreed upon by the Attorney 48,789
General, the Bureau of Workers' Compensation, and the Ohio 48,790
Industrial Commission. 48,791
Corrupt Activity Investigation and Prosecution 48,793
The foregoing appropriation item 055-636, Corrupt Activity 48,795
Investigation and Prosecution, shall be used as provided by 48,796
division (D)(2) of section 2923.35 of the Revised Code to dispose 48,797
of the proceeds, fines, and penalties credited to the Corrupt 48,798
Activity Investigation and Prosecution Fund, which is created in 48,799
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 48,800
is determined that additional amounts are necessary, the amounts 48,801
are hereby appropriated.
Community Police Match and Law Enforcement Assistance 48,804
In fiscal years 2000 and 2001, the Attorney General's 48,806
Office may request the Director of Budget and Management to, and 48,807
the Director of Budget and Management shall, establish GRF 48,808
appropriation item 055-406, Community Police Match and Law 48,809
Enforcement Assistance. The Director of Budget and Management 48,810
shall then transfer appropriation authority from appropriation 48,811
1097
item 055-321, Operating Expenses, to appropriation item 055-406, 48,812
Community Police Match and Law Enforcement Assistance. Moneys 48,813
transferred to appropriation item 055-406 shall be used to pay 48,814
operating expenses and to provide grants to local law enforcement 48,815
agencies and communities for the purpose of supporting law 48,816
enforcement-related activities. 48,817
Section 22. AUD AUDITOR OF STATE 48,819
General Revenue Fund 48,821
GRF 070-321 Operating Expenses $ 33,329,077 $ 33,625,207 48,826
GRF 070-403 Fiscal 48,828
Watch/Emergency
Technical Assistance $ 250,000 $ 250,000 48,830
GRF 070-405 Electronic Data 48,832
Processing - Auditing
and Administration $ 850,406 $ 858,421 48,834
GRF 070-406 Uniform Accounting 48,836
Network/Technology
Improvements Fund $ 3,500,000 $ 5,500,000 48,838
TOTAL GRF General Revenue Fund $ 37,929,483 $ 40,233,628 48,841
General Services Fund Group 48,844
109 070-601 Public Audit Expense 48,847
- Intra-State $ 8,713,266 $ 8,933,768 48,849
422 070-601 Public Audit Expense 48,851
- Local Government $ 35,568,004 $ 36,472,007 48,853
584 070-603 Training Program $ 164,558 $ 168,819 48,857
675 070-605 Uniform Accounting 48,859
Network $ 1,196,458 $ 1,229,253 48,861
TOTAL GSF General Services Fund 48,862
Group $ 45,642,286 $ 46,803,847 48,865
Holding Account Redistribution Fund Group 48,868
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 48,873
TOTAL 090 Holding Account 48,874
Redistribution Fund Group $ 200,000 $ 200,000 48,877
TOTAL ALL BUDGET FUND GROUPS $ 83,771,769 $ 87,237,475 48,880
1098
Electronic Data Processing 48,883
The unencumbered balance of appropriation item 070-405, 48,885
Electronic Data Processing-Auditing and Administration, at the 48,886
end of fiscal year 2000 is hereby transferred to fiscal year 2001 48,887
for use under the same appropriation item. 48,888
Uniform Accounting Network/Technology Improvements Fund 48,890
The foregoing appropriation item 070-406, Uniform 48,892
Accounting Network/Technology Improvements Fund, shall be used to 48,893
pay the costs of the development and implementation of the 48,896
Uniform Accounting Network and technology improvements for the 48,897
Auditor of State's Office. The unencumbered balance of the 48,898
appropriation at the end of fiscal year 2000 is hereby 48,899
transferred to fiscal year 2001 to pay the costs of the 48,900
development and implementation of the Uniform Accounting Network 48,901
and technology improvements for the Auditor of State's Office. 48,902
Section 23. BRB BOARD OF BARBER EXAMINERS 48,904
General Services Fund Group 48,906
4K9 877-609 Operating Expenses $ 450,186 $ 442,657 48,911
TOTAL GSF General Services Fund 48,912
Group $ 450,186 $ 442,657 48,915
TOTAL ALL BUDGET FUND GROUPS $ 450,186 $ 442,657 48,918
Section 24. OBM OFFICE OF BUDGET AND MANAGEMENT 48,921
General Revenue Fund 48,923
GRF 042-321 Budget Development 48,926
and Implementation $ 2,250,596 $ 2,249,452 48,928
GRF 042-401 Office of Quality 48,930
Services $ 597,326 $ 581,355 48,932
GRF 042-410 National Association 48,934
Dues $ 24,360 $ 25,578 48,936
GRF 042-412 Biennial Audit $ 45,000 $ 45,000 48,940
GRF 042-434 Financial Planning 48,942
Commissions $ 381,493 $ 333,795 48,944
TOTAL GRF General Revenue Fund $ 3,298,775 $ 3,235,180 48,947
General Services Fund Group 48,950
1099
105 042-603 State Accounting $ 8,078,632 $ 8,067,780 48,955
4C1 042-601 Quality Services 48,957
Academy $ 120,000 $ 125,000 48,959
TOTAL GSF General Services Fund 48,960
Group $ 8,198,632 $ 8,192,780 48,963
TOTAL ALL BUDGET FUND GROUPS $ 11,497,407 $ 11,427,960 48,966
Transfer of Appropriations 48,969
The Director of Budget and Management may transfer 48,971
appropriations within the same fiscal year between the foregoing 48,972
appropriation items 042-321, Budget Development and 48,973
Implementation, and 042-434, Financial Planning Commissions.
Office of Quality Services 48,975
A portion of the foregoing appropriation item 042-401, 48,977
Office of Quality Services, may be used to provide financial 48,978
sponsorship support for conferences and showcases that promote 48,979
quality improvement efforts. Such expenditures are not subject 48,980
to Chapter 125. of the Revised Code.
Ohio's Quality Showcase 48,982
The Office of Quality Services may cosponsor Ohio's Quality 48,984
Showcase. The office may grant funds to other sponsoring 48,986
entities for the purpose of conducting this event, provided that 48,987
such grants are used exclusively for the direct expenses of the 48,988
event.
Any state agency, at the discretion and with the approval 48,990
of the director or other executive authority of the agency, may 48,991
provide financial or in-kind support for Ohio's Quality Showcase 48,992
cosponsored by the Office of Quality Services. Any financial 48,994
contribution made by an agency shall not exceed $3,000 annually.
Audit Costs 48,996
Of the foregoing appropriation item 042-603, State 48,998
Accounting, no more than $310,000 in fiscal year 2000 and 48,999
$325,000 in fiscal year 2001 shall be used to pay for centralized 49,000
audit costs associated with either Single Audit Schedules or the 49,001
General Purpose Financial Statements for the state. 49,002
1100
Section 25. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 49,004
General Revenue Fund 49,006
GRF 874-321 Operating Expenses $ 5,498,069 $ 4,146,007 49,011
TOTAL GRF General Revenue Fund $ 5,498,069 $ 4,146,007 49,014
General Services Fund Group 49,017
4G5 874-603 Capitol Square 49,020
Maintenance Expenses $ 952,492 $ 979,162 49,023
4S7 874-602 Statehouse Gift 49,025
Shop/Events $ 466,325 $ 471,930 49,027
4T2 874-604 Government 49,029
Television/
Telecommunications
Operating $ 318,304 $ 327,217 49,031
TOTAL GSF General Services 49,032
Fund Group $ 1,737,121 $ 1,778,309 49,035
Underground Parking Garage 49,038
208 874-601 Underground Parking 49,041
Garage Operating $ 2,349,722 $ 2,412,097 49,043
TOTAL UPG Underground Parking 49,044
Garage $ 2,349,722 $ 2,412,097 49,047
TOTAL ALL BUDGET FUND GROUPS $ 9,584,912 $ 8,336,413 49,050
Statehouse Committee Room Audio-Visual Wiring 49,053
Of the foregoing appropriation item 874-321, Operating 49,055
Expenses, $950,000 in fiscal year 2000 shall be used to install 49,056
hard wiring in the Statehouse and Senate Building committee 49,057
hearing rooms.
Capitol Square Retaining Wall 49,059
Of the foregoing appropriation item 874-321, Operating 49,061
Expenses, $500,000 in fiscal year 2000 shall be used to complete 49,062
the replacement of the Capitol Square retaining wall. 49,063
Ohio News Bureau 49,065
Of the foregoing appropriation item 874-321, Operating 49,068
Expenses, $75,000 shall be used in each fiscal year to support 49,069
the Ohio Government Television's Ohio News Bureau.
1101
Ohio Government Telecommunications 49,071
The foregoing appropriation item 874-604, Government 49,073
Television/Telecommunications Operating Fund, shall be used to 49,075
pay for the operations of the Ohio Government Telecommunications 49,076
program.
Cash Transfer to the Department of Commerce 49,078
Within 60 days of the effective date of this section, the 49,080
Director of Budget and Management shall transfer $500,000 cash 49,081
from the Capitol Square Review and Advisory Board Revival 49,082
Reimbursement Fund (Fund 4Y9) to the Department of Commerce's 49,083
Division of Administration fund (Fund 163). This cash transfer
shall be used to repay a fiscal year 1994 loan. 49,084
Section 26. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 49,086
General Services Fund Group 49,088
4K9 878-609 Operating Expenses $ 535,723 $ 521,163 49,093
TOTAL GSF General Services Fund 49,094
Group $ 535,723 $ 521,163 49,097
TOTAL ALL BUDGET FUND GROUPS $ 535,723 $ 521,163 49,100
Section 27. CIV OHIO CIVIL RIGHTS COMMISSION 49,103
General Revenue Fund 49,105
GRF 876-100 Personal Services $ 9,281,149 $ 9,467,977 49,110
GRF 876-200 Maintenance $ 1,068,519 $ 1,094,163 49,114
GRF 876-300 Equipment $ 121,033 $ 123,938 49,118
TOTAL GRF General Revenue Fund $ 10,470,701 $ 10,686,078 49,121
Federal Special Revenue Fund Group 49,124
334 876-601 Federal Programs $ 2,376,200 $ 2,381,200 49,129
TOTAL FED Federal Special Revenue 49,130
Fund Group $ 2,376,200 $ 2,381,200 49,133
State Special Revenue Fund Group 49,136
217 876-604 General Reimbursement $ 20,000 $ 20,000 49,141
TOTAL SSR State Special 49,142
Revenue Fund Group $ 20,000 $ 20,000 49,145
TOTAL ALL BUDGET FUND GROUPS $ 12,866,901 $ 13,087,278 49,148
Section 28. COM DEPARTMENT OF COMMERCE 49,151
1102
General Revenue Fund 49,153
GRF 800-402 Grants - Volunteer 49,156
Fire Departments $ 782,478 $ 819,807 49,158
Total GRF General Revenue Fund $ 782,478 $ 819,807 49,161
General Services Fund Group 49,164
163 800-620 Division of 49,167
Administration $ 4,771,766 $ 4,787,925 49,169
TOTAL GSF General Services Fund 49,170
Group $ 4,771,766 $ 4,787,925 49,173
Federal Special Revenue Fund Group 49,176
348 800-622 Underground Storage 49,179
Tanks $ 200,580 $ 195,008 49,181
348 800-624 Leaking Underground 49,183
Storage Tanks $ 1,314,605 $ 1,295,920 49,185
TOTAL FED Federal Special Revenue 49,186
Fund Group $ 1,515,185 $ 1,490,928 49,189
State Special Revenue Fund Group 49,192
4B2 800-631 Real Estate Appraisal 49,195
Recovery $ 68,500 $ 68,500 49,197
4D2 800-605 Auction Education $ 30,230 $ 30,476 49,201
4H9 800-608 Cemeteries $ 237,344 $ 243,434 49,205
4L5 800-609 Fireworks Training 49,207
and Education $ 5,000 $ 5,000 49,209
4X2 800-619 Financial 49,211
Institutions $ 1,920,385 $ 1,873,615 49,213
5B8 800-628 Auctioneers $ 347,591 $ 323,316 49,217
5B9 800-632 PI & Security Guard 49,219
Provider $ 935,159 $ 940,874 49,221
543 800-602 Unclaimed 49,223
Funds-Operating $ 4,611,007 $ 4,663,857 49,225
543 800-625 Unclaimed 49,227
Funds-Claims $ 23,783,981 $ 24,354,796 49,229
544 800-612 Banks $ 5,979,092 $ 5,956,369 49,233
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 49,237
1103
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 49,241
547 800-603 Real Estate 49,243
Education/Research $ 248,237 $ 254,194 49,245
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 49,249
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 49,253
550 800-617 Securities $ 4,675,239 $ 4,639,787 49,257
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 49,261
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 49,265
556 800-615 Industrial Compliance $ 19,321,973 $ 19,160,662 49,269
6A4 800-630 Real Estate 49,271
Appraiser-Operating $ 496,596 $ 489,207 49,273
653 800-629 UST 49,275
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 49,277
TOTAL SSR State Special Revenue 49,278
Fund Group $ 83,426,495 $ 83,551,569 49,281
Liquor Control Fund Group 49,284
043 800-321 Liquor Control 49,287
Operating $ 15,694,491 $ 14,245,821 49,289
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 49,293
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 49,297
TOTAL LCF Liquor Control 49,298
Fund Group $ 306,119,075 $ 312,805,522 49,301
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,455,751 49,304
Grants - Volunteer Fire Departments 49,307
The foregoing appropriation item 800-402, Grants - 49,309
Volunteer Fire Departments, shall be used to make annual grants 49,310
to volunteer fire departments of up to $10,000, or up to $25,000 49,311
in cases when the volunteer fire department provides service for 49,312
an area affected by a natural disaster. The program shall be 49,314
administered by the Fire Marshal under the Department of 49,315
Commerce. The Fire Marshal shall issue necessary rules for the 49,316
administration and operation of this program. 49,317
Unclaimed Funds Payments 49,319
1104
The foregoing appropriation item 800-625, Unclaimed 49,321
Funds-Claims, shall be used to pay claims pursuant to section 49,322
169.08 of the Revised Code. If it is determined that additional 49,323
amounts are necessary, the amounts are hereby appropriated. 49,324
Increased Appropriation Authority - Merchandising 49,326
The Director of Commerce may, upon concurrence by the 49,328
Director of Budget and Management, submit to the Controlling 49,329
Board for approval a request for increased appropriation 49,330
authority for appropriation item 800-601, Merchandising. 49,331
Administrative Assessments 49,333
Notwithstanding any other provision of law to the contrary, 49,335
Fund 163, Administration, shall receive assessments from all 49,336
operating funds of the department in accordance with procedures 49,337
prescribed by the Director of Commerce and approved by the 49,338
Director of Budget and Management.
Cash Balance Transfer 49,340
On July 1, 1999, or as soon thereafter as possible, the 49,342
Director of Budget and Management shall transfer the cash balance 49,343
in the Savings Bank Fund (Fund 4G8), which was abolished in this 49,344
act by the repeal of section 1163.17 of the Revised Code, to the 49,345
Savings Institutions Fund (Fund 545), which is created in this 49,346
act by the enactment of section 1181.18 of the Revised Code. The
Director shall cancel any existing encumbrances against 49,347
appropriation item 800-606, Savings Banks, and reestablish them 49,348
against appropriation item, 800-613, Savings Institutions (Fund 49,349
545). The amounts of the reestablished encumbrances are hereby 49,350
appropriated.
Section 28.01. Notwithstanding section 4735.141 of the 49,352
Revised Code, as amended by this act, all persons licensed under 49,353
sections 4735.07 and 4735.09 of the Revised Code before January 49,354
1, 2001, shall submit proof satisfactory to the Superintendent of 49,355
Real Estate that the licensee has satisfactorily completed 49,356
continuing education, as prescribed by the Ohio Real Estate 49,357
Commission pursuant to section 4735.10 of the Revised Code and as 49,358
1105
to the number of hours required under section 4735.141 of the 49,359
Revised Code, as that section existed prior to this act, in 49,360
accordance with the appropriate time period, as follows: 49,361
(A) For continuing education that, under section 4735.141 49,363
of the Revised Code, as that section existed prior to this act, 49,364
would have been due in the year 2001, on or before the licensee's 49,365
birthday in the year 2002, and on or before the licensee's 49,366
birthday every three years thereafter; 49,367
(B) For continuing education that, under section 4735.141 49,369
of the Revised Code, as that section existed prior to this act, 49,370
would have been due in the year 2002, on or before the licensee's 49,371
birthday in the year 2003, and on or before the licensee's 49,372
birthday every three years thereafter; 49,373
(C) For continuing education that, under section 4735.141 49,375
of the Revised Code, as that section existed prior to this act, 49,376
would have been due in the year 2003, on or before the licensee's 49,377
birthday in the year 2004, and on or before the licensee's 49,378
birthday every three years thereafter. 49,379
Section 29. OCC OFFICE OF CONSUMERS' COUNSEL 49,381
General Services Fund Group 49,383
5F5 053-601 Operating Expenses $ 8,131,725 $ 7,647,619 49,388
TOTAL GSF General Services 49,389
Fund Group $ 8,131,725 $ 7,647,619 49,392
TOTAL ALL BUDGET FUND GROUPS $ 8,131,725 $ 7,647,619 49,395
Section 30. CEB CONTROLLING BOARD 49,398
General Revenue Fund 49,400
GRF 911-401 Emergency 49,403
Purposes/Contingencies$ 6,372,000 $ 6,000,000 49,405
GRF 911-402 Employee Compensation 49,407
Adjustment $ 0 $ 38,000,000 49,409
GRF 911-403 School District 49,411
Financial Planning $ 500,000 $ 500,000 49,413
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 49,417
GRF 911-410 Ohio Veterans' Home $ 250,000 $ 300,000 49,421
1106
GRF 911-419 Foster Caregiver 49,423
Training $ 0 $ 3,000,000 49,425
GRF 911-441 Ballot Advertising 49,427
Costs $ 800,000 $ 800,000 49,429
GRF 911-442 Year 2000 Assistance $ 4,400,000 $ 1,500,000 49,433
TOTAL GRF General Revenue Fund $ 14,322,000 $ 52,100,000 49,436
State Special Revenue Fund Group 49,438
5E2 911-601 Disaster Services $ 20,600,000 $ 4,400,000 49,443
TOTAL SSR State Special 49,444
Revenue Fund Group $ 20,600,000 $ 4,400,000 49,447
TOTAL ALL BUDGET FUND GROUPS $ 34,922,000 $ 56,500,000 49,450
Federal Share 49,453
In transferring appropriations to or from appropriation 49,455
items that have federal shares identified in this act, the 49,457
Controlling Board shall add or subtract corresponding amounts of 49,458
federal matching funds at the percentages indicated by the state 49,459
and federal division of the appropriations in this act. Such 49,461
changes are hereby appropriated. 49,462
Appropriation Transfers 49,464
In fiscal year 2000, the Controlling Board may transfer to 49,466
the Bureau of Employment Services or to the Department of Human 49,467
Services all or part of an appropriation that is made to the 49,468
Department of Job and Family Services for fiscal year 2001. In 49,469
fiscal year 2001, the Controlling Board may transfer to the 49,470
Department of Job and Family Services all or part of any balance 49,471
in an appropriation that is made to the Bureau of Employment 49,472
Services or to the Department of Human Services for fiscal year 49,473
2000. 49,474
Disaster Assistance 49,476
Pursuant to requests submitted by the Department of Public 49,478
Safety, the Controlling Board may approve transfers from the 49,479
foregoing appropriation item 911-401, Emergency 49,480
Purposes/Contingencies, to a Department of Public Safety General 49,481
Revenue Fund appropriation item to provide funding for assistance 49,482
1107
to political subdivisions made necessary by natural disasters or 49,483
emergencies. Such transfers may be requested and approved prior 49,484
to the occurrence of any specific natural disasters or 49,485
emergencies in order to facilitate the provision of timely 49,486
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 49,487
that meet Controlling Board criteria for assistance. The 49,488
department shall submit a report to the Controlling Board 49,489
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 49,491
The Office of Criminal Justice Services and the Public 49,493
Defender Commission may each request, upon approval of the 49,494
Director of Budget and Management, additional funds from the 49,495
foregoing appropriation item 911-401, Emergency 49,496
Purposes/Contingencies, for costs related to the disturbance that 49,497
occurred on April 11, 1993, at the Southern Ohio Correctional 49,498
Facility in Lucasville, Ohio. 49,499
Project OASIS 49,501
The Office of the Attorney General may request, upon 49,503
approval of the Director of Budget and Management, that the 49,504
Controlling Board release up to $372,000 in fiscal year 2000 from 49,505
the foregoing appropriation item 911-401, Emergency
Purposes/Contingencies, to address a funding gap for Project 49,506
OASIS in the event that federal funding for this program is 49,507
insufficient or delayed.
Disaster Services 49,509
The foregoing appropriation item 911-601, Disaster 49,511
Services, shall be used by the Controlling Board, pursuant to 49,513
requests submitted by state agencies, to transfer cash and 49,514
appropriation authority to any fund and appropriation line item 49,515
of the state for the payment of state agency program expenses as 49,517
follows:
(A) The southern Ohio flooding, referred to as 49,520
FEMA-DR-1164-OH;
1108
(B) The flood/storm disaster referred to as 49,524
FEMA-DR-1227-OH;
(C) In fiscal year 2000, $5,000,000 to the Department of 49,526
Natural Resources to be used for statewide flood mitigation 49,527
projects;
(D) In fiscal year 2000, up to $3,000,000 for reimbursing 49,529
local governments for costs associated with tornado disaster 49,530
relief in Hamilton and Warren Counties; 49,531
(E) If the Director of Budget and Management determines 49,535
that sufficient funds exist beyond the expected program costs of 49,536
these disasters, other disasters declared by the Governor. 49,538
Of the amount appropriated in fiscal year 2000 for the 49,540
foregoing appropriation item 911-601, Disaster Services, 49,541
$5,000,000 is the unencumbered and unallotted cash balance that 49,542
exists in Fund 5E2 on June 30, 1999. 49,543
Employee Compensation 49,545
Notwithstanding division (D) of section 127.14 and division 49,547
(B) of section 131.35 of the Revised Code, except for the General 49,548
Revenue Fund, the Controlling Board may, upon the request of 49,549
either the Director of Budget and Management, or a state agency 49,550
with the approval of the Director of Budget and Management, 49,551
increase appropriations for any fund, as necessary for the 49,552
various state agencies, to assist in paying the costs of 49,553
increases in employee compensation that occur on or after July 1, 49,554
2000, that are provided pursuant to collective bargaining 49,555
agreements under Chapter 4117. of the Revised Code and the costs 49,556
of increased compensation provided for employees that are exempt 49,557
from collective bargaining. 49,558
The Controlling Board may transfer appropriations from the 49,560
foregoing appropriation item 911-402, Employee Compensation 49,561
Adjustment, to the various agencies based on requests submitted 49,562
by the Director of Budget and Management to assist in paying for 49,563
the General Revenue Fund's share of employee compensation 49,564
increases resulting from collective bargaining agreements under
1109
Chapter 4117. of the Revised Code and the costs of increased 49,565
compensation that are provided to employees that are exempt from 49,566
collective bargaining.
School District Financial Planning 49,568
The foregoing appropriation item 911-403, School District 49,570
Financial Planning, shall be used to pay costs of implementing 49,571
the school district watch and fiscal emergency provisions of 49,572
sections 3316.01 to 3316.08 of the Revised Code, including the 49,573
expenses of the school district financial planning and 49,574
supervision commission. Upon the request of any agency involved 49,575
in implementing the school district watch or fiscal emergency 49,576
provisions, the Controlling Board may transfer all or part of the 49,578
appropriation to the agency.
Mandate Assistance 49,580
(A) The foregoing appropriation item 911-404, Mandate 49,582
Assistance, shall be used to provide financial assistance to 49,583
local units of government, school districts, and fire departments 49,585
for the cost of the following three unfunded state mandates: 49,586
(1) The cost to county prosecutors for prosecuting certain 49,588
felonies that occur on the grounds of state institutions operated 49,590
by the Department of Rehabilitation and Correction and the 49,591
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 49,593
of providing firefighter training and equipment or gear; 49,594
(3) The cost to school districts of in-service training 49,596
for child abuse detection. 49,597
(B) The State and Local Government Commission may prepare 49,599
and submit to the Controlling Board one or more requests to 49,600
transfer appropriations from appropriation item 911-404, Mandate 49,601
Assistance, to the state agencies charged with administering the 49,602
state financial assistance to be provided under this section. 49,603
The state agencies charged with this administrative 49,605
responsibility are listed below, as well as the estimated annual 49,606
amounts that the commission may propose be used for each program 49,608
1110
of state financial assistance.
Administering Estimated Annual 49,613
Program Agency Amount 49,616
Prosecution Costs Office of Criminal 49,619
Justice Services $200,000 49,621
Firefighter Training Department of 49,623
Costs Commerce $1,000,000 49,624
Child Abuse Detection Department of 49,626
Training Costs Education $800,000 49,627
(C) Subject to the total amount appropriated in each 49,630
fiscal year for appropriation item 911-404, Mandate Assistance, 49,631
the commission may propose to the Controlling Board that amounts 49,633
smaller or larger than these estimated annual amounts be 49,634
transferred to each program. 49,635
(D) In addition to making the initial transfers requested 49,637
by the commission, the Controlling Board may, if requested by the 49,639
commission, transfer appropriations received by a state agency 49,641
under this section back to appropriation item 911-404, Mandate 49,642
Assistance, or to one or more of the other programs of state 49,643
financial assistance identified under this section. 49,644
(E) It is expected that not all costs incurred by local 49,646
units of government, school districts, and fire departments under 49,647
each of the three programs of state financial assistance 49,648
identified under this section will be fully reimbursed by the 49,649
state. Reimbursement levels may vary by program and shall be 49,650
based on: the relationship between the appropriation transfers 49,651
requested by the commission and provided by the Controlling Board 49,652
for each of the programs; the rules and procedures established 49,654
for each program by the commission and the administering state 49,655
agency; and the actual costs incurred by local units of 49,657
government, school districts, and fire departments. 49,658
(F) Each of these programs of state financial assistance 49,660
shall be carried out as follows: 49,661
(1) Prosecution Costs 49,663
1111
(a) Appropriations may be transferred to the Office of 49,665
Criminal Justice Services to cover local prosecution costs for 49,666
aggravated murder, murder, felonies of the first degree, and 49,667
felonies of the second degree that occur on the grounds of 49,668
institutions operated by the Department of Rehabilitation and 49,669
Correction and the Department of Youth Services. 49,670
(b) Upon a delinquency filing in juvenile court or the 49,672
return of an indictment for aggravated murder, murder, or any 49,673
felony of the first or second degree that was committed at a 49,674
Department of Youth Services or a Department of Rehabilitation 49,675
and Correction institution, the affected county may, in 49,676
accordance with rules that the Office of Criminal Justice 49,677
Services shall adopt, apply to the Office of Criminal Justice 49,678
Services for a grant to cover all documented costs that are 49,679
incurred by the county prosecutor's office. 49,680
(c) Twice each year, the Office of Criminal Justice 49,682
Services shall designate counties to receive grants from those 49,684
counties that have submitted one or more applications in 49,685
compliance with the rules that have been adopted by the Office of 49,686
Criminal Justice Services for the receipt of such grants. In 49,687
each year's first round of grant awards, if sufficient 49,688
appropriations have been made, up to a total of $100,000 may be 49,690
awarded. In each year's second round of grant awards, the 49,691
remaining appropriations available for this purpose may be 49,692
awarded.
(d) If for a given round of grants there are insufficient 49,694
appropriations to make grant awards to all the eligible counties, 49,696
the first priority shall be given to counties with cases 49,697
involving aggravated murder and murder, second priority shall be 49,698
given to cases involving a felony of the first degree, and third 49,699
priority shall be given to cases involving a felony of the second 49,700
degree. Within these priorities, the grant awards shall be based 49,701
on the order in which the applications were received, except that 49,702
applications for cases involving a felony of the first or second 49,703
1112
degree shall not be considered in more than two consecutive 49,704
rounds of grant awards.
(2) Firefighter Training Costs 49,706
Appropriations may be transferred to the Department of 49,708
Commerce for use as full or partial reimbursement to local units 49,709
of government and fire departments for the cost of firefighter 49,710
training and equipment or gear. In accordance with rules that 49,711
the department shall adopt, a local unit of government or fire 49,712
department may apply to the department for a grant to cover all 49,713
documented costs that are incurred to provide firefighter 49,714
training and equipment or gear. The department shall make grants 49,715
within the limits of the funding provided, with priority given to 49,717
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 49,719
Appropriations may be transferred to the Department of 49,721
Education for disbursement to local school districts as full or 49,722
partial reimbursement for the cost of providing in-service 49,723
training for child abuse detection. In accordance with rules 49,724
that the department shall adopt, a local school district may 49,725
apply to the department for a grant to cover all documented costs 49,726
that are incurred to provide in-service training for child abuse 49,727
detection. The department shall make grants within the limits of 49,728
the funding provided. 49,729
Ohio Veterans' Home 49,731
With the approval of the Director of Budget and Management, 49,733
the Ohio Veterans' Home may request that the Controlling Board 49,734
transfer all or part of the foregoing appropriation item 911-410, 49,735
Ohio Veterans' Home, to assist the Ohio Veterans' Home in 49,736
defraying the operating expenses incurred as a result of its role 49,737
in the planning and construction of a second veterans' home. 49,738
Foster Caregiver Training 49,740
Upon the passage of appropriate legislation by the 123rd 49,741
General Assembly, the Department of Job and Family Services shall 49,742
request that the Controlling Board transfer up to $3,000,000 in 49,743
1113
fiscal year 2001 from the foregoing appropriation item 911-419, 49,744
Foster Caregiver Training, for the purpose of establishing a 49,745
program of precertification and continuing training for foster
caregivers. 49,746
Ballot Advertising Costs 49,748
Pursuant to requests submitted by the Ohio Ballot Board, 49,750
the Controlling Board shall approve transfers from the foregoing 49,751
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 49,752
Ballot Board line item in order to reimburse county boards of 49,753
elections for the cost of public notices associated with
statewide ballot initiatives. 49,754
Of the foregoing appropriation item 911-441, Ballot 49,756
Advertising Costs, the Director of Budget and Management shall 49,757
transfer any amounts that are not needed for the purpose of 49,758
reimbursing county boards of elections for the cost of public 49,759
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance. 49,760
Year 2000 Assistance 49,762
The Department of Administrative Services shall make a 49,764
concerted effort to recover from state agencies its cost of 49,765
providing Year 2000 compliance assistance to state agencies on or 49,766
after July 1, 1999. In instances where such cost recovery 49,767
attempts are impractical or unreasonable, the Department of 49,768
Administrative Services may request approval of the Controlling 49,769
Board to transfer appropriations from the foregoing appropriation 49,770
item 911-442, Year 2000 Assistance, to the department in order to 49,771
assist in paying for the costs that it incurs in providing Year 49,772
2000 assistance to state agencies. 49,773
The Director of Budget and Management shall certify to the 49,775
members of the Controlling Board, of the amount appropriated to 49,776
appropriation item 042-900, OBM Y2K Contingency, how much is 49,777
subsequently for deposit to the credit of the General Revenue 49,778
Fund. The Director of Budget and Management shall then increase 49,779
the appropriation authority in the foregoing appropriation item 49,780
1114
911-442, Year 2000 Assistance, by the amount so certified. 49,781
Section 31. COS STATE BOARD OF COSMETOLOGY 49,783
General Services Fund Group 49,785
4K9 879-609 Operating Expenses $ 2,201,152 $ 2,198,147 49,790
TOTAL GSF General Services Fund 49,791
Group $ 2,201,152 $ 2,198,147 49,794
TOTAL ALL BUDGET FUND GROUPS $ 2,201,152 $ 2,198,147 49,797
Section 32. CSW COUNSELOR AND SOCIAL WORKERS BOARD 49,800
General Services Fund Group 49,802
4K9 899-609 Operating Expenses $ 850,781 $ 848,656 49,807
TOTAL GSF General Services Fund 49,808
Group $ 850,781 $ 848,656 49,811
TOTAL ALL BUDGET FUND GROUPS $ 850,781 $ 848,656 49,814
Section 33. CLA COURT OF CLAIMS 49,817
General Revenue Fund 49,819
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 49,824
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 49,827
State Special Revenue Fund Group 49,830
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 49,835
TOTAL SSR State Special Revenue 49,836
Fund Group $ 22,086,768 $ 22,925,167 49,839
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 49,842
Section 34. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 49,845
General Revenue Fund 49,847
GRF 196-401 Criminal Justice 49,850
Information System $ 970,000 $ 972,000 49,852
GRF 196-403 Violence Prevention $ 400,763 $ 364,842 49,856
GRF 196-424 Operating Expenses $ 1,003,621 $ 1,011,300 49,860
GRF 196-499 State Match $ 826,876 $ 800,104 49,864
GRF 196-502 Lucasville 49,865
Disturbance Costs $ 50,000 $ 0 49,867
TOTAL GRF General Revenue Fund $ 3,251,260 $ 3,148,246 49,870
Federal Special Revenue Fund Group 49,873
3L5 196-604 Justice Programs $ 30,515,304 $ 32,648,653 49,878
1115
TOTAL FED Federal Special Revenue 49,879
Fund Group $ 30,515,304 $ 32,648,653 49,882
TOTAL ALL BUDGET FUND GROUPS $ 33,766,564 $ 35,796,899 49,885
Indigent Defense 49,888
The Office of Criminal Justice Services shall make all 49,891
efforts to maximize the amount of funding available for the 49,892
defense of indigent persons.
Criminal Justice Information System 49,894
The foregoing appropriation item 196-401, Criminal Justice 49,896
Information System, shall be used by the Office of Criminal 49,897
Justice Services to work on a plan to improve Ohio's criminal 49,898
justice information systems. The Director of Criminal Justice 49,899
Services shall evaluate the progress of this plan and issue a 49,900
report to the Governor, the Speaker and the Minority Leader of 49,901
the House of Representatives, the President and the Minority 49,902
Leader of the Senate, the Criminal Justice Policy Board, and the 49,904
Legislative Budget Office of the Legislative Service Commission
by the first day of January of each year of the two-year biennium 49,905
beginning July 1, 1999, and ending June 30, 2001. 49,906
Violence Prevention 49,908
Of the foregoing appropriation item 196-403, Violence 49,910
Prevention, $4,000 in fiscal year 2000 shall be distributed to 49,911
the City of Painesville for the purpose of funding the City of 49,912
Painesville Crime Prevention Program, and $4,000 in fiscal year 49,914
2000 shall be distributed to the City of Mentor for the purpose
of funding the City of Mentor Crime Prevention Program. Of the 49,915
foregoing appropriation item 196-403, Violence Prevention, 49,916
$50,000 in fiscal year 2000 shall be distributed to the 49,917
Montgomery County Victim Offender Program.
Section 35. DEN STATE DENTAL BOARD 49,919
General Services Fund Group 49,921
4K9 880-609 Operating Expenses $ 1,119,536 $ 1,114,065 49,926
TOTAL GSF General Services Fund 49,927
Group $ 1,119,536 $ 1,114,065 49,930
1116
TOTAL ALL BUDGET FUND GROUPS $ 1,119,536 $ 1,114,065 49,933
Section 36. BDP BOARD OF DEPOSIT 49,936
General Services Fund Group 49,938
4M2 974-601 Board of Deposit $ 818,400 $ 838,041 49,943
TOTAL GSF General Services Fund 49,944
Group $ 818,400 $ 838,041 49,947
TOTAL ALL BUDGET FUND GROUPS $ 818,400 $ 838,041 49,950
Board of Deposit Expense Fund 49,953
Upon receiving certification of expenses from the Treasurer 49,956
of State, the Director of Budget and Management shall transfer 49,957
cash from the Investment Earnings Redistribution Fund (Fund 608) 49,958
to the Board of Deposit Expense Fund (Fund 4M2). This fund shall 49,960
be used to pay for banking charges and fees required for the 49,961
operation of the State of Ohio Regular Account.
Section 37. DEV DEPARTMENT OF DEVELOPMENT 49,963
General Revenue Fund 49,965
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 49,970
GRF 195-200 Maintenance $ 608,000 $ 608,000 49,974
GRF 195-300 Equipment $ 111,550 $ 111,550 49,978
GRF 195-401 Thomas Edison Program $ 25,553,540 $ 25,528,749 49,982
GRF 195-404 Small Business 49,984
Development $ 2,445,388 $ 2,465,504 49,986
GRF 195-405 Minority Business 49,988
Development Division $ 2,323,570 $ 2,324,418 49,990
GRF 195-406 Transitional and 49,992
Permanent Housing $ 2,760,270 $ 2,826,679 49,994
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 49,998
GRF 195-408 Coal Research 50,000
Development $ 588,465 $ 587,907 50,002
GRF 195-410 Defense Conversion 50,004
Assistance Program $ 740,000 $ 500,000 50,006
GRF 195-412 Business Development 50,008
Grants $ 10,005,000 $ 10,005,000 50,010
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 50,014
1117
GRF 195-415 Regional Offices and 50,016
Economic Development $ 6,414,854 $ 6,338,038 50,018
GRF 195-416 Governor's Office of 50,020
Appalachia $ 1,628,800 $ 641,376 50,022
GRF 195-417 Urban/Rural 50,024
Initiative $ 1,000,000 $ 1,000,000 50,026
GRF 195-422 Technology Action $ 15,100,000 $ 15,100,000 50,030
GRF 195-428 Project 100 $ 2,000,000 $ 2,000,000 50,034
GRF 195-429 Y2K Compliance $ 10,000,000 $ 0 50,038
GRF 195-431 Community Development 50,040
Corporation Grants $ 2,520,386 $ 2,582,510 50,042
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 50,046
GRF 195-434 Industrial Training 50,048
Grants $ 18,000,000 $ 20,000,000 50,050
GRF 195-436 Labor/Management 50,052
Cooperation $ 1,164,000 $ 1,164,000 50,054
GRF 195-440 Emergency Shelter 50,056
Housing Grants $ 2,930,029 $ 2,999,139 50,058
GRF 195-441 Low and Moderate 50,060
Income Housing $ 7,760,000 $ 7,760,000 50,062
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 50,066
GRF 195-498 State Energy Match $ 147,221 $ 151,299 50,070
GRF 195-501 Appalachian Local 50,072
Development Districts $ 452,370 $ 463,227 50,074
GRF 195-502 Appalachian Regional 50,076
Commission Dues $ 190,000 $ 194,400 50,078
GRF 195-507 Travel & Tourism 50,080
Grants $ 1,795,000 $ 1,640,000 50,082
GRF 195-513 Empowerment 50,084
Zones/Enterprise
Communities $ 2,000,000 $ 0 50,086
TOTAL GRF General Revenue Fund $ 134,040,930 $ 122,992,553 50,089
General Services Fund Group 50,092
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 50,097
1118
136 195-621 International Trade $ 75,000 $ 0 50,101
685 195-636 General 50,103
Reimbursements $ 1,199,500 $ 1,222,233 50,105
TOTAL GSF General Services Fund 50,106
Group $ 8,737,530 $ 8,694,398 50,109
Federal Special Revenue Fund Group 50,112
3K8 195-613 Community Development 50,115
Block Grant $ 65,000,000 $ 65,000,000 50,117
3K9 195-611 Home Energy 50,119
Assistance Block
Grant $ 55,000,000 $ 55,000,000 50,121
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 50,125
3L0 195-612 Community Services 50,127
Block Grant $ 20,090,000 $ 20,090,000 50,129
308 195-602 Appalachian Regional 50,131
Commission $ 650,000 $ 650,000 50,133
308 195-603 Housing and Urban 50,135
Development $ 34,895,700 $ 34,895,700 50,137
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 50,141
308 195-609 Small Business 50,143
Administration $ 3,701,900 $ 3,701,900 50,145
308 195-616 Technology Programs $ 117,700 $ 0 50,149
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 50,153
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 50,157
380 195-622 Housing Development 50,159
Operating $ 3,711,800 $ 3,938,200 50,161
TOTAL FED Federal Special Revenue 50,162
Fund Group $ 212,791,425 $ 212,846,902 50,165
State Special Revenue Fund Group 50,167
4F2 195-639 State Special 50,170
Projects $ 1,530,000 $ 1,030,100 50,172
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 50,176
4S0 195-630 Enterprise Zone 50,178
Operating $ 323,079 $ 323,355 50,180
1119
4S1 195-634 Job Creation Tax 50,182
Credit Operating $ 251,856 $ 258,422 50,184
4W1 195-646 Minority Business 50,186
Enterprise Loan $ 3,898,213 $ 3,972,954 50,188
444 195-607 Water and Sewer 50,190
Commission Loans $ 500,000 $ 500,000 50,192
445 195-617 Housing Finance 50,194
Agency $ 3,669,522 $ 3,532,181 50,196
450 195-624 Minority Business 50,198
Bonding Program
Administration $ 12,644 $ 12,947 50,200
451 195-625 Economic Development 50,202
Financing Operating $ 1,906,075 $ 1,970,014 50,204
586 195-653 Scrap Tire Loans and 50,206
Grants $ 1,000,000 $ 1,000,000 50,208
5F7 195-658 Local Government Y2K 50,210
Loan Program $ 10,000,000 $ 0 50,212
611 195-631 Water and Sewer 50,214
Administration $ 15,000 $ 15,000 50,216
617 195-654 Volume Cap 50,218
Administration $ 200,000 $ 196,640 50,220
646 195-638 Low and Moderate 50,222
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 50,224
TOTAL SSR State Special Revenue 50,225
Fund Group $ 44,751,589 $ 34,846,113 50,228
Facilities Establishment Fund 50,231
037 195-615 Facilities 50,234
Establishment $ 53,970,000 $ 55,481,100 50,236
4Z6 195-647 Rural Industrial Park 50,238
Loan $ 1,000,000 $ 1,000,000 50,240
5D1 195-649 Port Authority Bond 50,242
Reserves $ 2,500,000 $ 2,500,000 50,244
1120
5D2 195-650 Urban Redevelopment 50,246
Loans $ 10,000,000 $ 10,000,000 50,248
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 50,252
TOTAL 037 Facilities 50,253
Establishment Fund $ 69,716,375 $ 71,227,475 50,256
Coal Research/Development Fund 50,259
046 195-632 Coal Research and 50,262
Development Fund $ 12,276,000 $ 12,570,624 50,264
TOTAL 046 Coal Research/ 50,265
Development Fund $ 12,276,000 $ 12,570,624 50,268
TOTAL ALL BUDGET FUND GROUPS $ 482,313,849 $ 463,178,065 50,271
Section 37.01. Washington Office 50,274
Of the foregoing appropriation items 195-100, Personal 50,276
Services, 195-200, Maintenance, and 195-300, Equipment, no more 50,277
than $335,700 in fiscal year 2000 and $335,700 in fiscal year 50,278
2001 may be transferred to the General Reimbursement Fund (Fund 50,279
685) to support the Washington Office. The transfer shall be 50,280
made using an intrastate transfer voucher. 50,281
Thomas Edison Program 50,283
The foregoing appropriation item 195-401, Thomas Edison 50,285
Program, shall be used for the purposes of sections 122.28 to 50,287
122.38 of the Revised Code in order to provide funds for 50,289
cooperative public and private efforts in technological 50,290
innovation to promote the development and transfer of technology 50,291
by and to Ohio businesses that will lead to the creation of jobs, 50,293
and to provide for the administration of this program by the 50,295
Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison 50,297
Program, not more than $2,363,000 in fiscal year 2000 and 50,299
$2,363,000 in fiscal year 2001 shall be used for the Technology 50,300
Division's operating expenses in administering this program. 50,301
Of the foregoing appropriation item 195-401, Thomas Edison 50,303
Program, $2,000,000 in each fiscal year shall be used for the 50,304
establishment of a new statewide Edison Center for Information 50,306
1121
Technology to be headquartered in Dayton. Of this amount, up to 50,307
$300,000 in fiscal year 2000 may be used without a local matching
grant requirement for planning for the center. 50,308
Of the foregoing appropriation item 195-401, Thomas Edison 50,310
Program, $275,000 in each fiscal year shall be used for the 50,311
BIOSTART Business Incubator.
Of the foregoing appropriation item 195-401, Thomas Edison 50,313
Program, $500,000 in each fiscal year shall be used for 50,314
cooperative technology clusters.
Of the foregoing appropriation item 195-401, Thomas Edison 50,316
Program, $1,100,000 in each fiscal year shall be used for the 50,317
Wright Technology Network.
Section 37.02. Small Business Development 50,319
The foregoing appropriation item 195-404, Small Business 50,321
Development, shall be used to ensure that the unique needs and 50,323
concerns of small businesses are addressed. 50,325
The foregoing appropriation shall be used to provide grants 50,327
to local organizations to support the operation of Small Business 50,329
Development Centers, and other local economic development 50,330
activity promoting small business and for the cost of 50,331
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 50,332
facilitate access to state and federal programs. These funds 50,333
shall be used as matching funds for grants from the United States 50,334
Small Business Administration and other federal agencies, 50,336
pursuant to Public Law No. 96-302 (1980) as amended by Public Law 50,337
No. 98-395 (1984), and regulations and policy guidelines for 50,338
these programs.
In addition, the Office of Small Business shall operate the 50,340
One-Stop Business Permit Center, the Women's Business Resource 50,342
Program, support government procurement assistance, and implement 50,344
and coordinate the duties imposed on the Department of 50,346
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 50,347
Minority Business Development Division 50,349
1122
Of the foregoing appropriation item 195-405, Minority 50,351
Business Development Division, no less than $1,060,000 in each 50,352
fiscal year shall be used to fund minority contractors and 50,353
business assistance organizations. The Minority Business 50,354
Development Division shall determine which cities need minority
contractors and business assistance organizations by utilizing 50,355
U.S. Census Bureau data and zip codes to locate the highest 50,356
concentrations of minority businesses. The Minority Business 50,357
Development Division shall also determine the numbers of minority 50,358
contractors and business assistance organizations necessary and 50,359
the amount of funding to be provided each. In addition, the
Minority Business Development Division shall continue to plan and 50,360
implement business conferences. 50,361
Section 37.03. Transitional and Permanent Housing Program 50,364
Of the foregoing appropriation item 195-406, Transitional 50,366
and Permanent Housing, the Office of Housing and Community 50,368
Partnerships shall make grants to local governments and nonprofit 50,370
organizations for the acquisition, rehabilitation, renovation, 50,372
construction, conversion, operating, and supportive services 50,374
costs for both new and existing transitional and/or permanent 50,376
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 50,378
and Permanent Housing, at least seventy-five per cent shall be 50,380
used to provide transitional housing for homeless families and 50,382
individuals.
Coal Research Development 50,384
The foregoing appropriation item 195-408, Coal Research 50,386
Development, shall be used for the administrative costs of the 50,387
Coal Development Office within the Technology Division and for 50,388
grants which encourage, promote, and assist the use of Ohio coal 50,389
pursuant to section 1551.32 of the Revised Code. 50,390
Defense Conversion Assistance Program 50,392
The Director of Development may use the foregoing 50,394
appropriation item 195-410, Defense Conversion Assistance 50,395
1123
Program, in accordance with existing program guidelines, and 50,396
other resources as appropriate, for Ohio-based defense conversion 50,397
projects and administrative support costs. 50,398
Section 37.04. Business Development 50,400
The foregoing appropriation item 195-412, Business 50,402
Development Grants, shall be used as an incentive for attracting 50,403
and retaining business opportunities for the state. Any such 50,404
business opportunity, whether new, expanding, or relocating in 50,405
Ohio, is eligible for funding. The project must create or retain 50,406
a significant number of jobs for Ohioans. Grant awards may be 50,407
considered only when (1) the project's viability hinges on an 50,408
award of 195-412, Business Development Grants, funds; (2) all 50,409
other public or private sources of financing have been 50,410
considered; or (3) the funds must act as a catalyst for the 50,411
infusion into the project of other financing sources. 50,412
The department's primary goal shall be to award funds to 50,414
political subdivisions of the state for off-site infrastructure 50,415
improvements. In order to meet the particular needs of economic 50,416
development in a region, the department may elect to award funds 50,417
directly to a business for on-site infrastructure improvements. 50,419
Infrastructure improvements are defined as improvements to water 50,420
system facilities, sewer and sewage treatment facilities, 50,421
electric or gas service facilities, rail facilities, site 50,422
preparation, and parking facilities. The Director of Development 50,423
may recommend the funds be used in an alternative manner when 50,424
deemed appropriate to meet an extraordinary economic development 50,425
opportunity or need.
The foregoing appropriation item 195-412, Business 50,427
Development Grants, may be expended only after the submission of 50,428
a request to the Controlling Board by the Department of 50,429
Development outlining the planned use of the funds, and the 50,430
subsequent approval of the request by the Controlling Board. 50,431
The foregoing appropriation item 195-412, Business 50,433
Development Grants, may be used for, but is not limited to, 50,434
1124
construction, rehabilitation, and acquisition projects for rail 50,435
freight assistance as requested by the Department of 50,436
Transportation. The Director of Transportation shall submit the 50,437
proposed projects to the Director of Development for an 50,438
evaluation of potential economic benefit. 50,439
Section 37.05. First Frontier Match 50,441
The foregoing appropriation item 195-414, First Frontier 50,443
Match, shall be used as matching funds to counties for the 50,445
purpose of marketing state, regional, and/or local 50,447
characteristics which may attract economic development. In each 50,448
fiscal year, the Director of Development shall allocate no less 50,449
than $400,000 of the foregoing appropriation to marketing 50,451
programs by targeted counties, which are defined as counties that 50,454
have a population of less than 175,000 residents. The balance of 50,456
the appropriation may be used either for marketing programs by 50,457
individual targeted counties or regional marketing campaigns, 50,458
which are defined as marketing programs in which at least one 50,460
targeted county is participating with one or more other targeted 50,461
counties or larger counties. In the event that, during a fiscal 50,462
year, targeted counties are unable to utilize the full amount of 50,463
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 50,464
unutilized balance of funds to regional marketing campaigns. 50,465
Regional Offices and Economic Development 50,467
The foregoing appropriation item 195-415, Regional Offices 50,469
and Economic Development, shall be used for the operating 50,470
expenses of the Economic Development Division and the Regional 50,471
Economic Development Offices and for grants for cooperative 50,472
economic development ventures. 50,473
Of the foregoing appropriation item 195-415, Regional 50,475
Offices and Economic Development, $45,000 in each fiscal year 50,476
shall be used for the Northeast Midwest Institute. 50,477
Section 37.06. Governor's Office of Appalachian Ohio 50,479
Of the foregoing appropriation item 195-416, Governor's 50,481
1125
Office of Appalachia, shall be used for the administrative costs 50,483
of planning and liaison activities for the Governor's Office of 50,485
Appalachian Ohio. Funds not expended for liaison and training 50,487
activities may be expended for special project grants within the 50,488
Appalachian Region. 50,489
Of the foregoing appropriation item 195-416, Governor's 50,491
Office of Appalachia, up to $250,000 each fiscal year shall be 50,493
used to match federal funds from the Appalachian Development 50,495
Commission to provide job training to impact the Appalachian 50,497
Region.
Of the foregoing appropriation item 195-416, Governor's 50,499
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 50,500
used for the Foundation for Appalachian Ohio. The foundation 50,501
shall match the state's contribution on a dollar-for-dollar 50,502
basis.
Urban/Rural Initiative 50,504
The foregoing appropriation item 195-417, Urban/Rural 50,506
Initiative, shall be used to make grants in accordance with 50,507
sections 122.19 to 122.22 of the Ohio Revised Code. 50,508
Technology Action 50,510
Prior to the release of funds from appropriation item 50,512
195-422, Technology Action, each grant award shall first obtain 50,513
approval from eight members of the Technology Action Board and 50,514
from the Controlling Board. 50,515
(A) The Technology Action Board shall consist of fourteen 50,517
members appointed by the Governor, with the advice and consent of 50,518
the Senate. Six members of this board shall be recognized 50,519
technology and business leaders from the following sectors 50,520
covering the state: Northeast, Southeast, Northwest, Central, 50,521
Southwest, and the Miami Valley Area. One member shall come from 50,522
the Wright Patterson Air Force Laboratory, one member from the 50,523
NASA Glenn Research Center, one member from the Inter-University 50,524
Council, and one member shall be the current Director of the 50,525
Edison Centers Technology Council. The chair of the Technology 50,526
1126
Action Board shall be the Governor's Science and Technology 50,527
Advisor, with staff and other support as needed from the 50,528
Department of Development's Technology Division and from the 50,529
Board of Regents' Academic and Access Division. In addition, the 50,530
directors of development and transportation (or their designees), 50,531
and the Chancellor of the Board of Regents (or designee) shall 50,532
serve as ex-officio members of the board.
(B) The Technology Action Board, in accordance with 50,534
Chapter 119. of the Revised Code, shall promulgate program rules 50,535
and develop guidelines for the release of funds. Grant proposals 50,536
shall be evaluated on, but not limited to, the following 50,537
criteria:
(1) Applicants are leveraging federal and industrial 50,539
support;
(2) The potential return on investment to the economy of 50,541
the state;
(3) Projects are able to become independent of state funds 50,543
within a short time period; and 50,544
(4) Focus on regional or statewide clusters of technology 50,546
strength or needs. 50,547
Of the foregoing appropriation item 195-422, Technology 50,549
Action, $250,000 in fiscal year 2000 shall be used for a 50,550
strategic competitive study for Wright Patterson Air Force Base. 50,551
These state funds shall leverage a minimum of $250,000 in 50,552
matching funds for this purpose. The study shall be conducted by
the Miami Valley Economic Development Coalition. 50,553
Of the foregoing appropriation item 195-422, Technology 50,555
Action, not more than $100,000 in each fiscal year shall be used 50,556
for operating expenditures in administering this program. 50,557
Of the foregoing appropriation item 195-422, Technology 50,559
Action, $100,000 in each fiscal year shall be used for the 50,560
Science and Technology Campus in Columbus. 50,561
Section 37.07. Y2K Compliance 50,563
Within ten days after the effective date of this section, 50,565
1127
the Director of Budget and Management shall transfer $10,000,000 50,566
from General Revenue Fund appropriation item 195-429, Y2K 50,567
Compliance, to State Special Revenue appropriation item 195-658, 50,568
Local Government Y2K Loan Program (Fund 5F7), in fiscal year 50,569
2000.
Community Development Corporations 50,571
Of the foregoing appropriation item 195-431, Community 50,573
Development Corporation Grants, a portion of funds in each fiscal 50,575
year of the biennium shall be used to make grants to the Ohio 50,578
Community Development Finance Fund, a nonprofit corporation, in 50,580
order to leverage private-sector funds to assist nonprofit 50,581
development organizations to create affordable housing and 50,582
permanent jobs in distressed areas of the state. The remaining 50,584
moneys shall be used to provide funds to assist local community 50,586
development corporations to develop affordable housing programs 50,588
and economic development programs in their neighborhoods, and for 50,590
operating costs.
Of the foregoing appropriation item 195-431, Community 50,592
Development Corporation Grants, no less than $100,000 in each 50,594
fiscal year shall be used to provide training, technical 50,596
assistance, and capacity building assistance to nonprofit 50,597
development organizations in underserved areas of the state. For 50,599
grants awarded in each fiscal year of the biennium, priority 50,600
shall be given to proposals submitted by nonprofit development 50,601
organizations from underserved areas of the state. 50,602
Section 37.08. International Trade 50,604
The foregoing appropriation item 195-432, International 50,606
Trade, shall be used to operate and to maintain Ohio's 50,607
out-of-state trade offices.
The Director of Development may enter into contracts with 50,609
foreign nationals to staff foreign offices. Such contracts may 50,610
be paid in local currency or United States currency and shall be 50,611
exempt from the provisions of section 127.16 of the Revised Code. 50,613
The director may also establish foreign currency accounts in 50,614
1128
accordance with section 122.05 of the Revised Code for the 50,615
payment of expenses related to the operation and maintenance of 50,616
these foreign trade offices. 50,617
The foregoing appropriation item 195-432, International 50,619
Trade, shall be used to fund the International Trade Division and 50,620
assist Ohio manufacturers and agricultural producers exporting to 50,621
foreign countries in conjunction with the Department of 50,622
Agriculture. 50,623
Of the foregoing appropriation item 195-432, International 50,625
Trade, up to $25,000 may be used to purchase gifts for 50,626
representatives of foreign governments or dignitaries of foreign 50,627
countries. 50,628
Section 37.09. Ohio Industrial Training Program 50,630
The foregoing appropriation item 195-434, Industrial 50,633
Training Grants, shall be used to promote industrial training 50,634
through training grants for the reimbursement of eligible 50,635
training expenses.
Section 37.10. Emergency Shelter Housing Grants 50,637
(A) As used in this section, "emergency shelter housing" 50,639
means a structure suitable for the temporary housing of the 50,641
homeless and the provision of, or referral to, supportive 50,643
services. Shelters that restrict admission to victims of 50,645
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 50,647
(B) The foregoing appropriation item 195-440, Emergency 50,649
Shelter Housing Grants, shall be used by the Office of Housing 50,650
and Community Partnerships in the Department of Development to 50,651
make grants to private, nonprofit organizations to provide 50,652
emergency shelter housing for the homeless. The department shall 50,653
distribute the grants pursuant to rules adopted by the Director 50,654
of Development. The director may amend or rescind such rules and 50,655
may adopt other rules necessary to implement this section. In
awarding grants, the department shall give preference to 50,656
organizations applying to fund existing emergency shelter 50,657
1129
housing.
The department shall notify each organization that applied 50,659
for a grant under this section of the amount of its grant award, 50,660
if any. To receive a grant, the organization shall provide 50,661
matching funds equal to fifty per cent of the total grant it was 50,662
awarded. The organization shall expend its grant for shelter 50,663
operations and supportive services, which include employment
assistance, case management, information and referral services, 50,664
transportation, and clothing. In providing employment 50,665
assistance, the organization shall, at a minimum, refer persons 50,666
to the Ohio Bureau of Employment Services. 50,667
Low and Moderate Income Housing 50,669
The Director of Budget and Management, in consultation with 50,671
the Director of Development, shall use $7,760,000 in each fiscal 50,672
year to support low- and moderate-income housing activities. No 50,673
less than $250,000 per year shall be used from either 50,674
appropriation item 195-441, Low and Moderate Income Housing, or 50,675
appropriation item 195-638, Low and Moderate Income Housing Trust 50,676
Fund, for the Migrant Housing Labor Camp Improvements Program. 50,677
Up to $7,760,000 in each fiscal year shall be transferred from 50,678
appropriation item 195-441, Low and Moderate Income Housing, to 50,679
appropriation item 195-638, Low and Moderate Income Housing Trust 50,680
Fund.
HEAP Weatherization 50,682
Fifteen per cent of the federal funds received by the state 50,684
for the Home Energy Assistance Block Grant shall be deposited in 50,686
the Department of Development's Federal Special Revenue Fund 50,688
(Fund 3K9) and shall be used to provide home weatherization 50,690
services in the state.
Section 37.11. Travel and Tourism Grants 50,692
The foregoing appropriation item 195-507, Travel and 50,694
Tourism Grants, shall be used to provide grants to local 50,696
organizations to support various local travel and tourism events 50,697
in Ohio.
1130
Of the foregoing appropriation item 195-507, Travel and 50,699
Tourism Grants, up to $200,000 in each fiscal year of the 50,700
biennium may be used to support the outdoor dramas Trumpet in the 50,702
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 50,704
Drama; $5,000 in each fiscal year shall go to the Lake County 50,705
Visitors Bureau; $50,000 in fiscal year 2000 shall go to the
Mariemont Seventy-Fifth Anniversary Commemorative and Renewal 50,706
Project; $25,000 in each fiscal year shall go to the Underground 50,708
Railroad Freedom Center, Family History Documentation Program;
$50,000 in each fiscal year shall go to the Cincinnati Ballet; 50,709
$25,000 in each fiscal year shall go to the Ohio River Scenic 50,710
Trails; $75,000 in each fiscal year shall go to the Cincinnati 50,712
Film Commission; $75,000 in each fiscal year shall go to the
Greater Cleveland Media Development Corporation; $100,000 in 50,713
fiscal year 2000 for the 1999 AAU Junior Olympics Cleveland 50,715
Committee, Inc.; $150,000 in fiscal year 2000 for the United 50,716
States International Air and Trade Show in Dayton; $100,000 in 50,717
each fiscal year for the Ohio Heritage Area Program; $40,000 in 50,718
fiscal year 2000 for the River Edges New Environment Renewal Plan 50,720
in Warren; $25,000 in fiscal year 2000 for the Tall Stacks 99 50,721
riverboat festival in Cincinnati; and $875,000 in fiscal year 50,722
2000 and $1,000,000 in fiscal year 2001 shall be used for grants 50,724
to the International Center for the Preservation of Wild Animals. 50,725
Section 37.12. Minority Business Enterprise Loan 50,727
All loan repayments from the Minority Development Financing 50,729
Advisory Board loan program and the Ohio Mini-Loan Guarantee 50,730
Program shall be deposited in the State Treasury, to the credit 50,731
of the Minority Business Enterprise Loan Fund (Fund 4W1). 50,732
All operating costs of administering the Minority Business 50,734
Enterprise Loan Fund shall be paid from the Minority Business 50,735
Enterprise Loan Fund (Fund 4WI).
Minority Business Bonding Fund 50,737
Notwithstanding Chapters 122., 169., and 175. of the 50,739
Revised Code and other provisions of this act, the Director of 50,740
1131
Development may, upon the recommendation of the Minority 50,741
Development Financing Advisory Board, pledge up to $10,000,000 in 50,742
the 1999-2001 biennium of unclaimed funds administered by the 50,743
Director of Commerce and allocated to the Minority Business
Bonding Program pursuant to section 169.05 of the Revised Code. 50,744
The transfer of any cash by the Director of Commerce from the 50,745
Department of Development's Minority Business Bonding Fund (Fund 50,746
543) to the Department of Development's Minority Business Bonding 50,747
Fund (Fund 449) shall occur, if requested by the Director of
Development, only if such funds are needed for payment of losses 50,748
arising from the Minority Business Bonding Program, and only 50,749
after the $2,700,000 transferred to the Minority Business Bonding 50,750
Program by the Controlling Board in 1983 has been used for that 50,751
purpose. Moneys transferred by the Director of Commerce for this 50,752
purpose may be moneys in custodial funds held by the Treasurer of 50,753
State. If expenditures are required for payment of losses
arising from the Minority Business Bonding Program, such 50,755
expenditures shall be made from appropriation item 195-623,
Minority Business Bonding Contingency in the Minority Business 50,756
Bonding Fund, and such amounts are hereby appropriated. 50,757
Minority Business Bonding Program Administration 50,759
Investment earnings of the Minority Business Bonding Fund 50,761
(Fund 449) shall be credited to the Minority Business Bonding 50,762
Program Administration Fund (Fund 450). 50,763
Section 37.13. Economic Development Financing Operating 50,765
The foregoing appropriation item 195-625, Economic 50,767
Development Financing Operating, shall be used for the operating 50,768
expenses of financial assistance programs authorized under 50,769
Chapter 166. of the Revised Code and under sections 122.43 and 50,770
122.45 of the Revised Code. 50,771
All Loan and Grant Programs 50,773
The Department of Development shall continue to submit to 50,775
the General Assembly, the Office of Budget and Management, and 50,777
the Legislative Budget Office of the Legislative Service 50,779
1132
Commission by the first day of April of each year a report 50,780
detailing the status of all open loans and grants made by the 50,781
department and all loans and grants which have been closed out 50,784
during the preceding calendar year. A grant shall be considered 50,785
open for three years from the date it was awarded. The report 50,786
shall identify, where applicable, the date of Controlling Board 50,788
approval, the number of jobs estimated to be retained and 50,789
created, and the number of people estimated to be trained, as 50,790
well as the actual numbers realized to date. In addition, 50,791
beginning on the first day of July of each year, the Department
of Development shall also submit a quarterly report of the loans 50,792
and grants which have been approved from the beginning of the 50,793
current calendar year. 50,794
Rural Revitalization Task Force 50,796
In the 1999-2001 biennium, the department shall coordinate 50,798
an effort to determine potential opportunities to enhance 50,799
economic development activities in distressed rural communities. 50,800
Section 37.14. Facilities Establishment Fund 50,802
The foregoing appropriation item 195-615, Facilities 50,804
Establishment Fund (Fund 037), shall be used for the purposes of 50,805
the Facilities Establishment Fund under Chapter 166. of the 50,807
Revised Code. 50,808
Notwithstanding Chapter 166. of the Revised Code, up to 50,810
$1,600,000 may be transferred each fiscal year from the 50,812
Facilities Establishment Fund (Fund 037) to the Economic 50,813
Development Financing Operating Fund (Fund 451). The transfer is 50,814
subject to Controlling Board approval pursuant to division (B) of 50,816
section 166.03 of the Revised Code. 50,817
Notwithstanding Chapter 166. of the Revised Code, up to 50,819
$3,800,000 may be transferred in each fiscal year of the biennium 50,820
from the Facilities Establishment Fund (Fund 037) to the Minority 50,821
Business Enterprise Loan Fund (Fund 4W1). The transfer is 50,822
subject to Controlling Board approval pursuant to division (B) of 50,823
section 166.03 of the Revised Code. 50,824
1133
Notwithstanding Chapter 166. of the Revised Code, up to 50,826
$5,000,000 cash may be transferred during the biennium from the 50,827
Facilities Establishment Fund (Fund 037) to the Port Authority 50,828
Bond Reserves Fund (Fund 5D1) for use by any port authority in 50,829
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 50,830
Director of Development shall develop program guidelines for the 50,831
transfer and release of funds, including, but not limited to, a 50,832
provision that no port authority shall receive more than 50,833
$2,000,000. The transfer and release of funds are subject to 50,834
Controlling Board approval.
Notwithstanding Chapter 166. of the Revised Code, up to 50,836
$20,000,000 cash may be transferred during the biennium from the 50,837
Facilities Establishment Fund (Fund 037) to the Urban 50,838
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 50,839
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 50,840
release of funds, including, but not limited to, the completion 50,841
of all appropriate environmental assessments before state 50,842
assistance is committed to a project.
Family Farm Loan Program 50,844
Notwithstanding Chapter 166. of the Revised Code, up to 50,846
$2,500,000 shall be transferred during the biennium from moneys 50,847
in the Facilities Establishment Fund (Fund 037) to the Family 50,848
Farm Loan Fund (Fund 5H1) in the Department of Development. 50,849
These moneys shall be used for loan guarantees. The transfer is 50,850
subject to Controlling Board approval. 50,851
Financial assistance from the Family Farm Loan Fund shall 50,854
be repaid to Fund 5H1. This fund is established in accordance 50,855
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 50,856
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 50,859
all outstanding balances, all loan repayments, and any other 50,861
outstanding obligations shall revert to the Facilities
1134
Establishment Fund (Fund 037). 50,862
Scrap Tire Loans and Grants 50,864
On July 1, 1999, or as soon thereafter as possible, the 50,866
Director of Development shall certify to the Director of Budget 50,867
and Management the balance in Fund 037, Facilities Establishment, 50,868
for the Scrap Tire Loan and Grant Program. The Director of 50,869
Budget and Management shall transfer the certified amount to Fund 50,870
586, Scrap Tire Loans and Grants. Any existing encumbrances in 50,871
appropriation item 195-615, Facilities Establishment, for the 50,872
Scrap Tire Loan and Grant Program shall be cancelled and
reestablished against appropriation item 195-653, Scrap Tire 50,873
Loans and Grants (Fund 586). These amounts are hereby 50,874
appropriated.
Section 37.15. Supportive Services 50,876
The Director of Development may assess divisions of the 50,878
department for the cost of central service operations. Such an 50,879
assessment shall be based on a plan submitted to and approved by 50,880
the Office of Budget and Management by the first day of August of 50,881
each fiscal year, and contain the characteristics of 50,882
administrative ease and uniform application. 50,883
A division's payments shall be credited to the Supportive 50,885
Services Fund (Fund 135) using an intrastate transfer voucher. 50,886
General Reimbursement 50,888
The foregoing appropriation item 195-636, General 50,890
Reimbursements, shall be used for conference and subscription 50,891
fees and other reimbursable costs. Revenues to the General 50,892
Reimbursement Fund (Fund 685) shall consist of fees and other 50,893
moneys charged for conferences, subscriptions, and other 50,894
administrative costs that are not central service costs. 50,895
State Special Projects 50,897
The foregoing appropriation item 195-639, State Special 50,900
Projects, shall be used as a general account for the deposit of 50,901
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used 50,902
1135
to (1) pay the expenses of verifying the income-eligibility of 50,903
HEAP applicants, (2) market economic development opportunities in 50,904
the state, and (3) leverage additional federal funds. State 50,905
funds shall be used to match federal housing grants for the 50,906
homeless. 50,907
Volume Cap Administration 50,909
The foregoing appropriation item 195-654, Volume Cap 50,911
Administration, shall be used for administrative expenses related 50,912
to the administration of the Volume Cap Program. Revenues 50,914
received by the Volume Cap Administration Fund (Fund 617) shall 50,915
consist of application fees, forfeited deposits, and interest
earned from the custodial account. 50,916
Section 37.16. Job Creation Planning Project 50,918
The Department of Development, with the collaboration of 50,920
the Department of Human Services, shall establish a joint project 50,921
to develop and implement ways to create at least one thousand new 50,922
jobs in each of the following: 50,923
(A) Federal empowerment zones; 50,925
(B) Rural economically depressed counties. 50,927
Not later than December 31, 2000, the departments shall 50,929
jointly issue a final report to the Welfare Oversight Committee 50,930
that describes the activities undertaken pursuant to the joint 50,931
project. The committee may require additional interim reports 50,932
from the departments. 50,933
Section 37.17. Local Government Y2K Loan Program 50,935
(A) To assure the continued coordination of local 50,937
governments with each other and the state as reflected in section 50,938
122.011 of the Revised Code, the Department of Development shall 50,939
administer the Local Government Y2K Loan Program, which is hereby 50,940
created.
The purpose of the Local Government Y2K Loan Program is to 50,942
assist county, municipal corporation, and township governments 50,943
with computer system and related technical adaptations needed for 50,944
the accurate reading of century dates. The Department of 50,945
1136
Development shall work closely with the Director of the Y2K 50,946
Competency Center in the Department of Administrative Services 50,947
and with the State and Local Government Commission to implement 50,948
the program. The Y2K Competency Center shall provide technical 50,949
oversight and review of Y2K loan proposals in accordance with 50,950
Section 9.19 of this act. The State and Local Government 50,951
Commission shall facilitate access and communications between 50,952
program participants and program administrators pursuant to 50,953
Section 94.01 of this act.
The Local Government Y2K Loan Program shall consist of the 50,955
following three activities: 50,956
(1) Four million eight hundred thirty-seven thousand five 50,958
hundred dollars shall be used for the County Y2K Loan Program to 50,959
provide direct loans to counties to assist with county government 50,960
projects. These loans, to be determined by a modified 50,961
population-based formula, shall be administered by the Department 50,962
of Development. The terms of a loan from this program shall be 50,963
for a maximum period of two years, at a rate of zero per cent 50,964
interest. One hundred per cent of the loan shall be repaid to 50,965
the Department of Development, to the credit of the General 50,966
Revenue Fund, within two years. Failure to repay the loan in 50,967
accordance with the terms of the agreement shall cause the Tax 50,968
Commissioner to withhold one hundred per cent of the outstanding 50,969
balance from Local Government Fund distributions, as prescribed 50,970
in this act.
All loan agreements shall be executed before July 1, 2000, 50,972
and no loan term shall extend beyond June 30, 2002. The Director 50,973
of Budget and Management shall transfer any funds remaining in 50,974
the account on July 1, 2000, to the General Revenue Fund. 50,975
(2) Up to $225,000 shall be made available to counties or 50,977
to administering municipal corporations or townships to 50,978
administer the Local Government Y2K Loan Programs. These amounts 50,979
are to be determined on a modified population formula as used in 50,980
the County Y2K Loan Program. 50,981
1137
(3) Four million eight hundred thirty-seven thousand five 50,983
hundred dollars shall be used for the Municipal and Township Y2K 50,984
Loan Program to provide direct loans to municipal corporations 50,985
and townships to assist with their government projects. These 50,986
amounts shall be determined using the same modified 50,987
population-based formula used for the County Y2K Loan Program. 50,988
These loans shall be awarded by each participating county, or in 50,989
the absence of such county by the municipal corporation or 50,990
township with the largest population with that county, if such 50,991
municipal corporation or township chooses to act as the 50,992
administrator under the program established under this section. 50,993
If a municipal corporation or township administers moneys under 50,994
this section, it shall use not more than fifty per cent of the 50,995
moneys distributed to it under both the County Y2K Loan Program 50,996
and the Municipal and Township Y2K Loan Program for its own use. 50,997
The administering municipal corporation or township shall use the 50,998
criteria provided by the Y2K Competency Center as a guide in 50,999
reviewing and recommending projects. 51,000
The terms of a loan from this program shall be for a 51,002
maximum period of two years, at a rate of zero per cent interest. 51,003
One hundred per cent of the loan shall be repaid to the 51,004
administrating county, municipal corporation, or township within 51,005
two years, to the credit of a Local Government Y2K Loan Repayment 51,006
Fund. The administrating county, municipal corporation, or 51,007
township shall immediately forward loan repayments to the 51,008
Department of Development, which shall deposit the funds to the 51,009
credit of the General Revenue Fund. Failure to repay a loan in 51,010
accordance with the terms of the agreement shall cause the 51,011
administrating county or municipality to notify the county 51,012
auditor to withhold one hundred per cent of the outstanding 51,013
balance from Local Government Fund distributions, as prescribed 51,014
in this act.
All loan agreements shall be executed before July 1, 2000, 51,016
and no loan term shall extend beyond June 30, 2002. The county 51,017
1138
auditor shall transfer any funds remaining in the account on July 51,018
1, 2000, to the Department of Development, which shall deposit 51,019
the funds to the credit of the General Revenue Fund. 51,020
Division (A) of this section does not apply after December 51,022
31, 2000.
(B) In the event that a County Y2K Loan remains outstanding 51,024
beyond the term of the agreement, the Department of Development 51,025
shall, within 15 days, certify to the Tax Commissioner the 51,026
outstanding loan amount due. The Tax Commissioner shall then 51,027
proceed to collect the outstanding amount over the ensuing six 51,028
months by reducing the monthly county allocation of local 51,029
government funds to that particular county by one-sixth of the 51,030
amount certified until the loan balance becomes zero. 51,031
In the event that a municipal and township Y2K loan remains 51,033
outstanding beyond the term of the agreement, the administrating 51,034
county or municipality shall, within 15 days, certify to the 51,035
county auditor and to the Department of Development the 51,036
outstanding loan amount due. The county auditor shall then 51,037
proceed to collect the outstanding amount over the ensuing six 51,038
months by reducing the monthly county allocation of local 51,039
government funds for that particular local government by 51,040
one-sixth of the amount certified until the loan balance becomes 51,041
zero. The county auditor shall immediately forward the local 51,042
government fund withholdings as loan repayments to the Department 51,043
of Development, which shall deposit the funds to the credit of 51,044
the General Revenue Fund. 51,045
Division (B) of this section does not apply after June 30, 51,047
2002.
(C) The foregoing appropriation item 195-658, Local 51,049
Government Y2K Loan Program, shall be used to assist counties, 51,050
municipal corporations, and townships with the computer and 51,051
software upgrades or purchases and with any other problems 51,052
associated with the accurate reading of century dates, or Y2K 51,053
compliance.
1139
Of the foregoing appropriation item 195-658, Local 51,055
Government Y2K Loan Program, up to $75,000 may be used to pay for 51,056
technical assistance provided by the Department of Administrative 51,057
Services Y2K Competency Center, and up to $25,000 may be used by 51,058
the Department of Development to pay for loan administration 51,059
services.
Division (C) of this section does not apply after December 51,061
31, 2000.
Section 38. OBD OHIO BOARD OF DIETETICS 51,063
General Services Fund Group 51,065
4K9 860-609 Operating Expenses $ 282,267 $ 276,113 51,070
TOTAL GSF General Services Fund 51,071
Group $ 282,267 $ 276,113 51,074
TOTAL ALL BUDGET FUND GROUPS $ 282,267 $ 276,113 51,077
Section 39. CDR COMMISSION ON DISPUTE RESOLUTION AND 51,080
CONFLICT MANAGEMENT 51,081
General Revenue Fund 51,083
GRF 145-401 Commission on Dispute 51,086
Resolution/Management $ 583,225 $ 597,222 51,088
TOTAL GRF General Revenue Fund $ 583,225 $ 597,222 51,091
General Services Fund Group 51,094
4B6 145-601 Gifts and Grants $ 153,450 $ 157,133 51,099
TOTAL GSF General Services Fund 51,100
Group $ 153,450 $ 157,133 51,103
TOTAL ALL BUDGET FUND GROUPS $ 736,675 $ 754,355 51,106
Commission on Dispute Resolution/Management 51,109
The foregoing appropriation item 145-401, Commission on 51,110
Dispute Resolution/Management, shall be used in each fiscal year 51,111
by the Commission on Dispute Resolution and Conflict Management 51,112
for the purpose of providing dispute resolution and conflict 51,113
management training, consultation, and materials for state and 51,114
local government, communities, school districts, courts and, in 51,115
consultation with the Department of Education, for the purpose of 51,116
offering competitive school conflict programs to school 51,117
1140
districts.
The Commission shall assist the Department of Education in 51,119
the development and dissemination of the school conflict 51,120
management programs to school districts.
Section 40. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 51,122
NETWORK COMMISSION 51,123
General Revenue Fund 51,125
GRF 374-100 Personal Services $ 1,775,810 $ 1,702,801 51,130
GRF 374-200 Maintenance $ 847,878 $ 868,227 51,134
GRF 374-300 Equipment $ 49,038 $ 50,214 51,138
GRF 374-401 Statehouse News 51,140
Bureau $ 265,507 $ 271,880 51,142
GRF 374-404 Telecommunications 51,144
Operating Subsidy $ 5,349,336 $ 5,723,791 51,146
TOTAL GRF General Revenue Fund $ 8,287,569 $ 8,616,913 51,149
General Services Fund Group 51,152
4F3 374-603 Affiliate Services $ 2,729,574 $ 2,753,275 51,157
TOTAL GSF General Services 51,158
Fund Group $ 2,729,574 $ 2,753,275 51,161
State Special Revenue Fund Group 51,163
5D3 374-604 High Definition 51,165
Television $ 12,000,000 $ 0 51,167
TOTAL SSR State Special Revenue $ 12,000,000 $ 0 51,170
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 23,017,143 $ 11,370,188 51,173
Statehouse News Bureau 51,176
The foregoing appropriation item 374-401, Statehouse News 51,178
Bureau, shall be used solely to support the operations of the 51,179
Ohio Statehouse News Bureau. 51,180
Telecommunications Operating Subsidy 51,182
The foregoing appropriation item 374-404, 51,184
Telecommunications Operating Subsidy, shall be distributed by the 51,185
Ohio Educational Telecommunications Network Commission to Ohio's 51,186
qualified public educational television stations, radio reading 51,187
1141
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 51,188
allocation developed by the Ohio Educational Telecommunications 51,189
Network Commission.
Project Equity Fund 51,191
The Project Equity Fund (Fund 4F3) is hereby renamed the 51,193
Affiliates Services Fund (Fund 4F3), and the Fees and Grants Fund 51,194
(Fund 140) and the Fees and Grants Fund (Fund 463) are hereby 51,195
abolished. On July 1, 1999, or as soon thereafter as possible, 51,196
the Director of Budget and Management shall transfer the cash 51,197
balances in the Fees and Grants Fund (Fund 140) and in the Fees
and Grants Fund (Fund 463) to the Affiliates Services Fund (Fund 51,198
4F3). The director shall cancel any existing encumbrances 51,199
against appropriation item 374-601, Fees and Grants (Fund 463), 51,200
and reestablish them against appropriation item 374-603, 51,202
Affiliates Services (Fund 4F3). The amounts of the reestablished 51,203
encumbrances are hereby appropriated.
High Definition Television 51,205
The foregoing appropriation item 374-604, High Definition 51,207
Television, shall be distributed by the Ohio Educational 51,208
Telecommunications Network Commission to public television 51,209
stations for the purchase of high definition television
transmitter hardware. Distribution of moneys appropriated from 51,210
Fund 5D3 shall require approval of the Controlling Board. 51,211
Section 41. ELC OHIO ELECTIONS COMMISSION 51,213
General Revenue Fund 51,215
GRF 051-321 Operating Expenses $ 423,950 $ 444,757 51,220
TOTAL GRF General Revenue Fund 51,223
$ 423,950 $ 444,757 51,226
State Special Revenue Fund Group 51,228
4P2 051-601 Ohio Elections 51,231
Commission Fund $ 150,000 $ 150,000 51,234
TOTAL SSR State Special 51,235
Revenue Fund Group $ 150,000 $ 150,000 51,238
1142
TOTAL ALL BUDGET FUND GROUPS $ 573,950 $ 594,757 51,241
Section 42. FUN STATE BOARD OF EMBALMERS AND FUNERAL 51,244
DIRECTORS 51,245
General Services Fund Group 51,247
4K9 881-609 Operating Expenses $ 472,893 $ 472,893 51,252
TOTAL GSF General Services 51,253
Fund Group $ 472,893 $ 472,893 51,256
TOTAL ALL BUDGET FUND GROUPS $ 472,893 $ 472,893 51,259
Section 43. ERB STATE EMPLOYMENT RELATIONS BOARD 51,262
General Revenue Fund 51,264
GRF 125-321 Operating Expenses $ 3,628,561 $ 3,596,072 51,269
TOTAL GRF General Revenue Fund $ 3,628,561 $ 3,596,072 51,272
General Services Fund Group 51,275
572 125-603 Training and 51,278
Publications $ 70,423 $ 72,113 51,280
TOTAL GSF General Services 51,281
Fund Group $ 70,423 $ 72,113 51,284
TOTAL ALL BUDGET FUND GROUPS $ 3,698,984 $ 3,668,185 51,287
Operating Expenses 51,290
Of the foregoing appropriation item 125-321, Operating 51,292
Expenses, $17,023 in fiscal year 2000 and $34,182 in fiscal year 51,293
2001 shall be used to supplement funding of per diem costs for 51,294
fact-finders.
Training and Publications Fund 51,296
Effective July 1, 1999, the Research and Training Fund 51,298
(Fund 572) is hereby renamed the Training and Publications Fund 51,299
(Fund 572), and the Transcript and Other Fund (Fund 440) is 51,301
hereby abolished. On July 1, 1999, or as soon thereafter as 51,302
possible, the Director of Budget and Management shall transfer 51,303
the cash balance in the Transcript and Other Fund (Fund 440) to 51,304
the Training and Publications Fund (Fund 572). The director 51,305
shall cancel any existing encumbrances against appropriation item 51,306
125-601, Transcript and Other (Fund 440), and reestablish them 51,307
against appropriation item 125-603, Training and Publications 51,308
1143
(Fund 572). The amounts of the reestablished encumbrances are
hereby appropriated. 51,309
Section 44. BES BUREAU OF EMPLOYMENT SERVICES 51,311
General Revenue Fund 51,313
GRF 795-406 Workforce Development $ 350,004 $ 0 51,318
GRF 795-407 OBES Operating $ 23,227,425 $ 0 51,322
GRF 795-408 Labor Market 51,324
Projections $ 180,209 $ 0 51,326
GRF 795-410 Women's Programs $ 474,237 $ 0 51,330
GRF 795-412 Prevailing Wage/Min. 51,332
Wage & Minors $ 2,366,897 $ 0 51,334
GRF 795-413 OSHA Match $ 133,833 $ 0 51,338
GRF 795-414 Apprenticeship 51,340
Council $ 178,590 $ 0 51,342
GRF 795-417 Public Employment 51,344
Risk Reduction
Program $ 1,324,292 $ 0 51,346
TOTAL GRF General Revenue Fund $ 28,235,487 $ 0 51,349
Federal Special Revenue Fund Group 51,352
3S9 795-620 TANF Employment and 51,355
Training $ 700,000 $ 0 51,357
331 795-601 Federal Operating $ 112,769,618 $ 0 51,361
349 795-614 OSHA Enforcement $ 1,293,258 $ 0 51,365
365 795-602 Job Training Program $ 101,224,584 $ 0 51,369
TOTAL FED Federal Special Revenue 51,370
Fund Group $ 215,987,460 $ 0 51,373
State Special Revenue Fund Group 51,376
4A9 795-607 Unemployment 51,379
Compensation
Administration Fund $ 17,015,029 $ 0 51,381
4G1 795-610 Interagency 51,383
Agreements $ 607,279 $ 0 51,385
4R3 795-609 Banking Fees $ 579,040 $ 0 51,389
1144
5A5 795-616 Unemployment 51,391
Compensation Benefit
Automation $ 6,705,016 $ 0 51,393
557 795-613 Apprenticeship 51,395
Council Conference $ 15,000 $ 0 51,397
TOTAL SSR State Special Revenue 51,398
Fund Group $ 24,921,364 $ 0 51,401
TOTAL ALL BUDGET FUND GROUPS $ 269,144,311 $ 0 51,404
Administration Support Services 51,407
The Administrator of the Bureau of Employment Services may 51,409
assess programs of the bureau for the cost of administration, 51,411
support, and technical services. Such an assessment shall be 51,412
based upon a plan submitted to and approved by the Office of 51,413
Budget and Management by the first day of August of each fiscal 51,414
year and shall contain the characteristics of administrative ease 51,415
and uniform application. A program's payments shall be 51,417
transferred via intrastate transfer voucher to the Unemployment 51,419
Compensation Administration Fund (Fund 331). 51,420
Employer Surcharge 51,422
The surcharge and the interest on the surcharge amounts due 51,424
for calendar years 1988, 1989, and 1990 as required by Am. Sub. 51,425
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the 51,426
118th General Assembly, and section 4141.251 of the Revised Code 51,427
as it existed prior to Sub. H.B. 478 of the 122nd General 51,428
Assembly, shall be assessed and collected by, accounted for, and 51,429
made available to the Administrator of the Bureau of Employment 51,430
Services in the same manner as set forth in section 4141.251 of 51,431
the Revised Code as it existed prior to Sub. H.B. 478 of the 51,433
122nd General Assembly, notwithstanding the repeal of the 51,434
surcharge for calendar years after 1990, pursuant to Sub. H.B. 51,435
478 of the 122nd General Assembly. 51,436
Federal Operating 51,438
From the foregoing appropriation item 795-601, Federal 51,440
Operating, $707,513.42 represents the funds made available to 51,441
1145
this state under section 903 of the Social Security Act, as 51,442
amended. This amount shall be used under the direction of the 51,443
Bureau of Employment Services to pay for administration of the 51,444
state's unemployment compensation law and public employment
offices. No part of the money hereby appropriated may be 51,445
obligated after the expiration of the two-year period beginning 51,446
on the effective date of this section.
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 51,448
General Services Fund Group 51,450
4K9 892-609 Operating Expenses $ 884,949 $ 927,525 51,455
TOTAL GSF General Services 51,456
Fund Group $ 884,949 $ 927,525 51,459
TOTAL ALL BUDGET FUND GROUPS $ 884,949 $ 927,525 51,462
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY 51,465
General Revenue Fund 51,467
GRF 715-501 Local Air Pollution 51,470
Control $ 1,295,661 $ 1,331,940 51,472
GRF 716-321 Central 51,474
Administration $ 3,776,667 $ 3,877,556 51,476
GRF 717-321 Water Quality 51,478
Planning and
Assessment $ 8,707,106 $ 8,947,356 51,480
GRF 718-321 Groundwater $ 1,112,838 $ 1,147,341 51,484
GRF 719-321 Air Pollution Control $ 2,576,286 $ 2,662,369 51,488
GRF 721-321 Public Water System 51,490
Supervision $ 2,791,652 $ 2,879,263 51,492
GRF 723-321 Hazardous Waste $ 232,835 $ 250,883 51,496
GRF 724-321 Pollution Prevention $ 716,856 $ 819,356 51,500
GRF 725-321 Laboratory $ 1,148,662 $ 1,182,713 51,504
GRF 726-321 Emergency Response $ 1,582,266 $ 1,538,553 51,508
GRF 728-321 Environmental 51,510
Financial Assistance $ 25,499 $ 30,137 51,512
GRF 729-321 Solid Waste $ 61,568 $ 72,766 51,516
TOTAL GRF General Revenue Fund $ 24,027,896 $ 24,740,233 51,519
1146
General Services Fund Group 51,522
199 715-602 Laboratory Services $ 802,472 $ 822,893 51,527
4A1 715-640 Operating Expenses $ 3,876,896 $ 4,019,750 51,531
TOTAL GSF General Services 51,532
Fund Group $ 4,679,368 $ 4,842,643 51,535
Federal Special Revenue Fund Group 51,538
3F2 715-630 Revolving Loan Fund - 51,541
Operating $ 3,680,500 $ 3,716,000 51,543
3F3 715-632 Fed Supported Cleanup 51,545
and Response $ 3,064,631 $ 4,464,910 51,547
3F4 715-633 Water Quality 51,549
Management $ 727,000 $ 727,000 51,551
3F5 715-641 Nonpoint Source 51,553
Pollution Management $ 4,700,000 $ 5,300,000 51,555
3J1 715-620 Urban Stormwater $ 500,000 $ 500,000 51,559
3J5 715-615 Maumee River $ 153,680 $ 0 51,563
3K4 715-634 DOD Monitoring and 51,565
Oversight $ 718,301 $ 682,460 51,567
3K6 715-639 Remedial Action Plan $ 750,000 $ 521,400 51,571
3M5 715-652 Haz Mat Transport 51,573
Uniform Safety $ 283,728 $ 284,493 51,575
3N1 715-655 Pollution Prevention 51,577
Grants $ 87,150 $ 25,000 51,579
3N4 715-657 DOE Monitoring and 51,581
Oversight $ 3,868,638 $ 3,883,118 51,583
3S4 715-653 Performance 51,585
Partnership Grants $ 13,795,906 $ 13,754,814 51,587
3T1 715-668 Rural Hardship Grant $ 900,000 $ 100,000 51,591
352 715-611 Wastewater Pollution $ 239,650 $ 240,425 51,595
353 715-612 Public Water Supply $ 260,000 $ 260,000 51,599
356 715-616 Indirect Costs $ 3,000,000 $ 3,000,000 51,603
357 715-619 Air Pollution Control $ 388,750 $ 255,000 51,607
362 715-605 Underground Injection 51,609
Control $ 50,000 $ 0 51,611
1147
TOTAL FED Federal Special Revenue 51,612
Fund Group $ 37,167,934 $ 37,714,620 51,615
State Special Revenue Fund Group 51,618
3T3 715-669 Drinking Water SRF $ 5,414,115 $ 5,260,935 51,623
4C3 715-647 Central Support 51,625
Indirect $ 7,103,081 $ 7,150,702 51,627
4J0 715-638 Underground Injection 51,629
Control $ 347,808 $ 357,265 51,631
4K2 715-648 Clean Air - Non Title 51,633
V $ 2,882,688 $ 3,183,577 51,635
4K3 715-649 Solid Waste $ 10,471,339 $ 10,779,003 51,639
4K4 715-650 Surface Water 51,641
Protection $ 7,117,576 $ 7,134,669 51,643
4K5 715-651 Drinking Water 51,645
Protection $ 4,344,761 $ 4,460,047 51,647
4P5 715-654 Cozart Landfill $ 133,640 $ 137,382 51,651
4R5 715-656 Scrap Tire Management $ 3,333,097 $ 2,441,618 51,655
4R9 715-658 Voluntary Action 51,657
Program $ 771,406 $ 801,634 51,659
4T3 715-659 Clean Air Title V 51,661
Permit Program $ 16,254,785 $ 17,466,741 51,663
4U7 715-660 Construction & 51,665
Demolition Debris $ 122,000 $ 127,500 51,667
5H4 715-664 Groundwater Support $ 1,383,904 $ 1,412,845 51,671
500 715-608 Immediate Removal 51,673
Special Account $ 800,390 $ 601,597 51,675
503 715-621 Hazardous Waste 51,677
Facility Management $ 8,219,531 $ 8,283,100 51,679
503 715-662 Hazardous Waste 51,681
Facility Board $ 654,214 $ 641,903 51,683
505 715-623 Hazardous Waste 51,685
Cleanup $ 12,914,553 $ 11,881,897 51,687
541 715-670 Environmental 51,689
Protection
1148
Remediation Fund $ 2,417,353 $ 2,024,727 51,691
542 715-671 Risk Management 51,693
Reporting $ 480,200 $ 480,200 51,695
592 715-627 Anti-Tampering 51,697
Settlement $ 16,530 $ 15,334 51,699
6A1 715-645 Environmental 51,701
Education $ 2,137,081 $ 2,138,253 51,703
602 715-626 Motor Vehicle 51,705
Inspection and
Maintenance $ 2,630,980 $ 2,474,801 51,707
644 715-631 ER Radiological 51,709
Safety $ 183,380 $ 184,893 51,711
660 715-629 Infectious Wastes 51,713
Management $ 127,849 $ 131,251 51,715
676 715-642 Water Pollution 51,717
Control Loan
Administration $ 100,000 $ 1,060,000 51,719
678 715-635 Air Toxic Release $ 355,457 $ 370,598 51,723
679 715-636 Emergency Planning $ 1,897,343 $ 1,950,986 51,727
696 715-643 Air Pollution Control 51,729
Administration $ 765,621 $ 790,153 51,731
699 715-644 Water Pollution 51,733
Control
Administration $ 487,633 $ 500,384 51,735
TOTAL SSR State Special Revenue 51,736
Fund Group $ 93,868,315 $ 94,243,995 51,739
TOTAL ALL BUDGET FUND GROUPS $ 159,743,513 $ 161,541,491 51,742
Central Support Indirect Chargeback 51,745
The Environmental Protection Agency, with approval of the 51,747
Director of Budget and Management, shall utilize a methodology 51,748
for determining each division's payments into the Operating 51,749
Expenses Fund (Fund 4A1). The methodology used shall contain the 51,750
characteristics of administrative ease and uniform application. 51,751
Payments to the Operating Expenses Fund (Fund 4A1) shall be made
1149
using an intrastate transfer voucher. 51,752
Memorandum of Understanding 51,754
Due to the competitive economic forces of Ohio's bordering 51,756
states, the Director of the Environmental Protection Agency 51,757
should actively pursue a memorandum of understanding with the 51,758
United States Environmental Protection Agency for the Voluntary 51,759
Action Program in Ohio. A memorandum of understanding will raise 51,760
the level of comfort and protection for participants in the 51,761
Voluntary Action Program, with the goal of attracting economic
development and enhancing environmental protection. 51,762
Scrap Tire Transfers 51,764
Not later than September 1, 1999, the Director of 51,766
Environmental Protection shall transfer cash in the amount of 51,768
$400,000 from the Scrap Tire Management Fund (Fund 4R5) to the
Department of Development Scrap Tire Loans and Grants Fund (Fund 51,769
586). The transfer will reimburse the Department of Development 51,770
for expenditures made for a tire development and reprocessing 51,771
project. This payment is in lieu of the fiscal year 1998 funding 51,772
for the Scrap Tire Development and Reprocessing Project 51,773
prescribed in Section 58 of Am. Sub. H.B. 215 of the 122nd 51,774
General Assembly.
Notwithstanding division (G)(3) of section 3734.82 of the 51,776
Revised Code, not later than March 1, 2000, the Director of 51,777
Environmental Protection, with the concurrence of the Director of 51,778
Development, shall certify to the Director of Budget and 51,779
Management the amount overpaid in prior fiscal years to the Scrap 51,780
Tire Management Fund and transferred to the Department of 51,781
Development. In fiscal years 2000 and 2001, the Director of 51,782
Environmental Protection shall request that the Director of 51,783
Budget and Management transfer $1,000,000, prescribed in division 51,784
(G)(3) of section 3734.82 of the Revised Code, less one-half of 51,786
the amount of the certified overpayment from the Scrap Tire 51,787
Management Fund (Fund 4R5) to the Scrap Tire Loans and Grants 51,788
Fund (Fund 586).
1150
Ashtabula River Project 51,790
The Director of Environmental Protection, with the approval 51,793
of the Director of Budget and Management, shall transfer cash in 51,794
an amount not to exceed $4,000,000 in fiscal year 2000 and an 51,795
amount not to exceed $3,000,000 in fiscal year 2001 from the
Hazardous Waste Cleanup Fund (Fund 505) to the Environmental 51,796
Protection Remediation Fund (Fund 541). The amounts of the cash 51,797
transferred is hereby appropriated. 51,799
Toussaint River Project 51,801
Of the foregoing appropriation item 717-321, Water Quality 51,803
Planning and Assessment, $100,000 in fiscal year 2000 shall be 51,804
used for the Toussaint River Ordinance Clean-Up Project. 51,805
Areawide Planning Agencies 51,807
Of the foregoing appropriation item, 717-321, Water Quality 51,809
Planning and Assessment, $450,000 in fiscal year 2000 and 51,810
$450,000 in fiscal year 2001 shall be divided evenly between the 51,811
following six areawide planning agencies: Eastgate Development 51,812
and Transportation Agency, Toledo Metropolitan Area Council of 51,813
Governments, Northeast Ohio Four County Regional Planning and 51,814
Development Organization, Northeast Ohio Areawide Coordinating 51,815
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 51,816
and Miami Valley Regional Planning Commission. 51,817
Study of Division of Surface Water and Division of Air 51,819
Pollution Control 51,820
The Director of Environmental Protection shall conduct a 51,822
study of the operations of the Division of Surface Water and the 51,823
Division of Air Pollution Control in the Environmental Protection 51,824
Agency and make recommendations for improving efficiencies within 51,825
those divisions. The study may address the following topics: 51,826
(1) Standardization of permit application requirements; 51,828
(2) Computerization of information regarding the status of 51,830
permit applications, and the ability of permit applicants to 51,831
access that information; 51,832
(3) Definition and coordination of the roles of agency 51,834
1151
district offices and the central office in the permitting 51,835
process;
(4) Review of unwritten division policies and determination 51,837
of which of those policies should be adopted as rules; 51,838
(5) Determination of the efficiency of implementing 51,840
permits by rule and general permits. 51,841
The director shall submit a report containing the findings 51,843
of the study and recommendations to the Governor, the Director of 51,844
Budget and Management, the President and Minority Leader of the 51,845
Senate, and the Speaker and Minority Leader of the House of 51,847
Representatives not later than June 30, 2000. The report shall 51,848
include recommendations concerning resource allocation, staff 51,849
utilization, fee structures, and permit processing as well as 51,850
plans for the implementation of the recommendations to improve 51,851
operational efficiency.
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION 51,853
General Revenue Fund 51,855
GRF 172-321 Operating Expenses $ 463,373 $ 464,059 51,860
TOTAL GRF General Revenue Fund $ 463,373 $ 464,059 51,863
TOTAL ALL BUDGET FUND GROUPS $ 463,373 $ 464,059 51,866
Section 48. ETH OHIO ETHICS COMMISSION 51,869
General Revenue Fund 51,871
GRF 146-321 Operating Expenses $ 1,312,468 $ 1,304,989 51,876
TOTAL GRF General Revenue Fund $ 1,312,468 $ 1,304,989 51,879
General Services Fund Group 51,882
4M6 146-601 Operating Expenses $ 338,667 $ 363,766 51,887
TOTAL GSF General Services 51,888
Fund Group $ 338,667 $ 363,766 51,891
TOTAL ALL BUDGET FUND GROUPS $ 1,651,135 $ 1,668,755 51,894
Section 49. EXP OHIO EXPOSITIONS COMMISSION 51,897
General Revenue Fund 51,899
GRF 723-403 Junior Fair Subsidy $ 500,000 $ 525,000 51,904
GRF 723-404 State Fair Reserve $ 700,000 $ 0 51,908
TOTAL GRF General Revenue Fund $ 1,200,000 $ 525,000 51,911
1152
State Special Revenue Fund Group 51,914
506 723-601 Operating Expenses $ 13,483,707 $ 13,945,497 51,919
4N2 723-602 Ohio State Fair 51,921
Harness Racing $ 475,000 $ 500,000 51,923
640 723-603 State Fair Reserve $ 700,000 $ 0 51,927
TOTAL SSR State Special Revenue 51,928
Fund Group $ 14,658,707 $ 14,445,497 51,931
TOTAL ALL BUDGET FUND GROUPS $ 15,858,707 $ 14,970,497 51,934
State Fair Reserve 51,937
Within thirty days after the effective date of this 51,939
section, the Director of Budget and Management shall transfer 51,940
$700,000 in cash by intrastate transfer voucher from 51,941
appropriation item 723-404 to Fund 640, State Fair Reserve, which 51,942
is hereby created.
The foregoing appropriation item 723-603, State Fair 51,944
Reserve, shall serve as a budget reserve fund for the Ohio 51,945
Expositions Commission in the event of a significant decline in 51,946
attendance due to inclement weather or extraordinary 51,947
circumstances during the Ohio State Fair and resulting in a loss 51,948
of revenue. The State Fair Reserve may be used by the Ohio 51,949
Expositions Commission to pay bills resulting from the Ohio State 51,950
Fair only if all the following criteria are met: 51,951
(A) Admission revenues for the 1999 Ohio State Fair are 51,953
less than $2,580,000 or admission revenues for the 2000 Ohio 51,954
State Fair are less than $2,660,000 due to inclement weather or 51,955
extraordinary circumstances. These amounts are ninety per cent 51,956
of the projected admission revenues for each year. 51,957
(B) The Ohio Expositions Commission declares a state of 51,959
fiscal exigency and requests release of funds by the Director of 51,960
Budget and Management. 51,961
(C) The Director of Budget and Management releases the 51,963
funds. The Director of Budget and Management may approve or 51,964
disapprove the request for release of funds, may increase or 51,965
decrease the amount of release, and may place such conditions as 51,966
1153
the director deems necessary on the use of the released funds. 51,967
The Director of Budget and Management may transfer appropriation 51,968
authority from fiscal year 2000 to fiscal year 2001 as needed. 51,969
Section 50. GOV OFFICE OF THE GOVERNOR 51,971
General Revenue Fund 51,973
GRF 040-321 Operating Expenses $ 4,621,451 $ 4,764,041 51,978
GRF 040-403 National Governors 51,980
Conference $ 170,848 $ 175,973 51,982
GRF 040-408 Office of Veterans' 51,984
Affairs $ 266,938 $ 274,866 51,986
TOTAL GRF General Revenue Fund $ 5,059,237 $ 5,214,880 51,989
General Services Fund Group 51,992
412 040-607 Notary Commission $ 156,666 $ 161,289 51,997
TOTAL GSF General Services 51,998
Fund Group $ 156,666 $ 161,289 52,001
TOTAL ALL BUDGET FUND GROUPS $ 5,215,903 $ 5,376,169 52,004
Appointment of Legal Counsel for the Governor 52,007
The Governor may expend a portion of the foregoing 52,009
appropriation item 040-321, Operating Expenses, to hire or 52,010
appoint legal counsel to be used in proceedings involving the 52,011
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 52,012
notwithstanding sections 109.02 and 109.07 of the Revised Code. 52,013
Section 51. DOH DEPARTMENT OF HEALTH 52,015
General Revenue Fund 52,017
GRF 440-402 Osteoporosis 52,020
Awareness $ 50,000 $ 50,000 52,022
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 52,026
GRF 440-407 Encephalitis Control 52,028
Project $ 252,945 $ 256,462 52,030
GRF 440-412 Cancer Incidence 52,032
Surveillance System $ 877,770 $ 878,159 52,034
GRF 440-413 Ohio Health Care 52,036
Policy and Data $ 3,906,678 $ 3,906,678 52,038
1154
GRF 440-416 Child and Family 52,040
Health Services $ 11,944,622 $ 11,755,121 52,042
GRF 440-418 Immunizations $ 7,448,718 $ 8,127,487 52,046
GRF 440-424 Kid's Card $ 250,000 $ 250,000 52,049
GRF 440-430 Adult Care Facilities $ 1,887,095 $ 1,869,142 52,053
GRF 440-439 Nursing Home Survey 52,055
and Certification $ 3,158,342 $ 3,236,913 52,057
GRF 440-444 AIDS Prevention/AZT $ 8,103,789 $ 8,807,580 52,061
GRF 440-445 Nurse Aide Program $ 636,819 $ 638,819 52,065
GRF 440-451 Prevention $ 6,301,944 $ 7,295,803 52,069
GRF 440-452 Child and Family 52,071
Health Care
Operations $ 1,018,628 $ 1,007,874 52,073
GRF 440-453 Quality Assurance $ 6,091,832 $ 6,114,889 52,077
GRF 440-457 Services to State 52,079
Employees $ 139,297 $ 138,800 52,081
GRF 440-459 Ohio Early Start $ 12,392,845 $ 12,393,128 52,085
GRF 440-461 Vital Statistics $ 3,679,597 $ 3,643,936 52,089
GRF 440-501 Local Health 52,091
Districts $ 4,059,968 $ 4,157,407 52,093
GRF 440-504 Poison Control 52,095
Network $ 447,000 $ 451,728 52,097
GRF 440-505 Medically Handicapped 52,099
Children $ 12,533,049 $ 12,533,049 52,101
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 52,105
GRF 440-507 Cystic Fibrosis $ 799,968 $ 800,136 52,109
GRF 440-508 Migrant Health $ 125,460 $ 128,471 52,113
GRF 440-509 Health Services 52,115
Agencies $ 300,000 $ 150,000 52,117
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 52,121
TOTAL GRF General Revenue Fund $ 88,208,819 $ 90,406,651 52,124
General Services Fund Group 52,127
142 440-618 General Operations $ 3,661,794 $ 3,395,177 52,132
1155
211 440-613 Central Support 52,134
Indirect Costs $ 24,374,512 $ 25,014,398 52,136
473 440-622 Lab Operating 52,138
Expenses $ 3,788,586 $ 3,843,985 52,140
683 440-633 Employee Assistance 52,142
Program $ 1,143,630 $ 1,114,876 52,144
698 440-634 Nurse Aide Training $ 300,000 $ 307,800 52,148
TOTAL GSF General Services 52,149
Fund Group $ 33,268,522 $ 33,676,236 52,152
Federal Special Revenue Fund Group 52,155
320 440-601 Maternal Child Health 52,158
Block Grant $ 26,200,000 $ 26,855,000 52,160
387 440-602 Preventive Health 52,162
Block Grant $ 8,786,601 $ 8,786,601 52,164
389 440-604 Women, Infants, and 52,166
Children $ 177,000,000 $ 177,000,000 52,168
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 52,172
392 440-618 General Operations $ 63,328,268 $ 64,876,942 52,176
TOTAL FED Federal Special Revenue 52,177
Fund Group $ 295,174,513 $ 297,879,637 52,180
State Special Revenue Fund Group 52,183
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 52,188
4F9 440-610 Sickle Cell Disease 52,190
Control $ 966,867 $ 988,347 52,192
4G0 440-636 Heirloom Birth 52,194
Certificate $ 135,206 $ 138,853 52,196
4G0 440-637 Birth Certificate 52,198
Surcharge $ 51,400 $ 52,839 52,200
4L3 440-609 Miscellaneous 52,202
Expenses $ 445,000 $ 445,000 52,204
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 52,208
4V6 440-641 Save Our Sight $ 800,000 $ 800,000 52,211
470 440-618 General Operations $ 12,541,756 $ 12,320,915 52,215
471 440-619 Certificate of Need $ 321,962 $ 330,371 52,219
1156
477 440-627 Medically Handicapped 52,221
Children Audit $ 1,600,000 $ 1,600,000 52,223
5B5 440-616 Quality, Monitoring, 52,225
and Inspection $ 740,973 $ 759,670 52,227
5C0 440-615 Alcohol Testing and 52,229
Permit $ 1,305,067 $ 1,325,113 52,231
5C1 440-642 TANF Family Planning $ 250,000 $ 250,000 52,235
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 52,239
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 52,243
610 440-626 Radiation Emergency 52,245
Response $ 920,982 $ 921,584 52,246
666 440-607 Medically Handicapped 52,248
Children-County
Assessments $ 14,433,293 $ 14,039,889 52,250
TOTAL SSR State Special Revenue 52,251
Fund Group $ 40,557,358 $ 39,659,340 52,254
Holding Account Redistribution Fund Group 52,257
R14 440-631 Vital Statistics $ 68,691 $ 68,691 52,262
R48 440-625 Refunds, Grants 52,264
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 52,266
TOTAL 090 Holding Account 52,267
Redistribution
Fund Group $ 78,971 $ 78,971 52,270
TOTAL ALL BUDGET FUND GROUPS $ 457,288,183 $ 461,700,835 52,273
Hemophilia Services 52,276
Of the foregoing appropriation item 440-406, Hemophilia 52,278
Services, $205,000 in each fiscal year shall be used to implement 52,279
the Hemophilia Insurance Pilot Project. 52,280
Of the foregoing appropriation item 440-406, Hemophilia 52,282
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 52,283
year 2001 shall be used by the Department of Health to provide 52,284
grants to the nine hemophilia treatment centers to provide 52,285
prevention services for persons with hemophilia and their family 52,286
1157
members affected by AIDS and other bloodborne pathogens. 52,287
Cancer Registry System 52,289
Of the foregoing appropriation item 440-412, Cancer 52,291
Incidence Surveillance System, $50,000 in each fiscal year shall 52,292
be provided to the Northern Ohio Cancer Resource Center. 52,293
The remaining moneys in appropriation item 440-412, Cancer 52,295
Incidence Surveillance System, shall be used to maintain and 52,296
operate the Ohio Cancer Incidence Surveillance System pursuant to 52,297
sections 3701.261 to 3701.263 of the Revised Code. 52,298
No later than March 1, 2002, the Ohio Cancer Incidence 52,301
Surveillance Advisory Board shall report to the General Assembly 52,302
on the effectiveness of the cancer incidence surveillance system 52,304
and the partnership between the Department of Health and the 52,305
Arthur G. James Cancer Hospital and Richard J. Solove Research
Institute of The Ohio State University. 52,306
Health Care Policy and Data 52,308
From the foregoing appropriation item 440-413, Ohio Health 52,310
Care Policy and Data, $750,000 in each fiscal year shall be used 52,311
for grants that enhance the quality and delivery of public and/or 52,312
private health services. Funds shall be distributed by the 52,313
Director of Health for a period of up to two years. The funds 52,314
granted by the Department of Health or other state dollars shall
constitute no more than 50 per cent of the total cost of the 52,315
program or project. The grantees shall use data collection and 52,316
analysis, community health needs assessments, and outcome 52,317
measurement to achieve the goals of the program or project. 52,318
Funded programs and projects shall demonstrate collaborative 52,319
activities between public health agencies and organizations,
provider alliances and organizations, and/or providers of acute 52,320
health care services. 52,321
Child and Family Health Services 52,323
Of the foregoing appropriation item 440-416, Child and 52,325
Family Health Services, $1,700,000 in each fiscal year shall be 52,326
used for family planning services. None of the funds received 52,328
1158
through these family planning grants shall be used to provide 52,330
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 52,331
except in the case of a medical emergency. These funds shall be 52,332
distributed on the basis of the relative need in the community 52,333
served by the Director of Health to family planning programs, 52,334
which shall include family planning programs funded under Title V 52,335
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 52,337
301, as amended, and Title X of the "Public Health Services Act," 52,338
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 52,339
other family planning programs which the Department of Health 52,340
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 52,341
emergency, with state moneys, but that otherwise substantially 52,342
comply with the quality standards for such programs under Title V 52,343
and Title X.
The Director of Health shall, by rule, provide reasonable 52,345
methods by which a grantee wishing to be eligible for federal 52,346
funding may comply with these requirements for state funding 52,347
without losing its eligibility for federal funding. 52,348
Of the foregoing appropriation item 440-416, Child and 52,350
Family Health Services, $150,000 in each fiscal year shall be 52,351
used to provide malpractice insurance for physicians and other 52,353
health professionals providing prenatal services in programs 52,354
funded by the Department of Health. 52,355
Of the foregoing appropriation item 440-416, Child and 52,357
Family Health Services, $650,000 in each fiscal year shall be 52,359
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 52,361
Family Health Services, $200,000 shall be used in each fiscal 52,363
year for the OPTIONS dental care access program. 52,364
Of the foregoing appropriation item 440-416, Child and 52,366
Family Health Services, $600,000 in each fiscal year shall be 52,367
used by local Child and Family Health Services Clinics to provide 52,368
1159
services to uninsured low-income persons. 52,369
Of the foregoing appropriation item 440-416, Child and 52,371
Family Health Services, $900,000 in each fiscal year shall be 52,372
used by Federally Qualified Health Centers and federally 52,373
designated look-alikes to provide services to uninsured 52,374
low-income persons.
Of the foregoing appropriation item 440-416, Child and 52,376
Family Health Services, $25,000 in fiscal year 2000 shall be 52,377
provided to the Cincinnati Down Syndrome Association. 52,378
Of the foregoing appropriation item 440-416, Child and 52,380
Family Health Services, $40,000 in each fiscal year shall be 52,381
provided to the Wellness Community Center. 52,382
Of the foregoing appropriation item 440-416, Child and 52,384
Family Health Services, $100,000 in fiscal year 2000 shall be 52,385
provided to the Marietta Community Nutrition Program for Children 52,386
in Washington County.
Of the foregoing appropriation item 440-416, Child and 52,388
Family Health Services, $55,000 in each fiscal year shall be 52,389
provided to the Miami Valley Youth Health Improvement Coalition. 52,390
Of the foregoing appropriation item 440-416, Child and 52,392
Family Health Services, $50,000 in fiscal year 2000 shall be used 52,393
for the Harrison Hills Clean Air Project. 52,394
HIV/AIDS Prevention/Protease Inhibitors 52,396
Of the foregoing appropriation item 440-444, AIDS 52,398
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 52,399
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 52,400
in acquiring protease inhibitor drugs. 52,401
Of the foregoing appropriation item 440-444, AIDS 52,403
Prevention/AZT, $124,500 in each fiscal year shall be used for 52,404
the AIDS Drug Reimbursement Program pursuant to section 3701.241 52,405
of the Revised Code and Title XXVI of the "Public Health Services 52,406
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 52,407
Department of Health is authorized to adopt rules pursuant to 52,408
Chapter 119. of the Revised Code as necessary for the 52,409
1160
administration of the program. 52,410
Prevention 52,412
Of the foregoing appropriation item 440-451, Prevention, 52,414
$100,000 shall be used in each fiscal year for rape prevention 52,416
programs.
Of the foregoing appropriation item 440-451, Prevention, 52,418
$450,000 in fiscal year 2001 shall be used for rabies prevention. 52,419
Ohio Early Start 52,421
Of the foregoing appropriation item 440-459, Ohio Early 52,423
Start, $5.9 million in fiscal year 2000 and $6.0 million in 52,424
fiscal year 2001 shall be used for Welcome Home services that 52,425
include home visits by registered nurses to first-time and teen 52,426
parents.
The remaining moneys in appropriation item 440-459, Ohio 52,428
Early Start, shall be used to provide services to children under 52,429
age three who are at risk of developmental delay or child abuse 52,430
and neglect. The appropriation shall be allocated with the 52,431
approval of the Family and Children First Cabinet Council and 52,432
pursuant to rules adopted in accordance with Chapter 119. of the 52,433
Revised Code.
Poison Control Network 52,435
Of the foregoing appropriation item 440-504, Poison Control 52,437
Network, all available funds in each fiscal year shall be used by 52,438
the Department of Health for grants to the consolidated Ohio 52,439
Poison Control Center to provide poison control services to Ohio 52,440
citizens. 52,441
Tuberculosis 52,443
The foregoing appropriation item 440-506, Tuberculosis, 52,445
shall be used to make payments to counties pursuant to section 52,446
339.43 of the Revised Code. 52,447
Health Services Agencies 52,449
The foregoing appropriation item 440-509, Health Services 52,451
Agencies, shall be used as supplemental General Revenue Fund 52,452
subsidy funding for the seven health service agencies that are 52,453
1161
active upon the effective date of this section. It is the intent 52,454
of the General Assembly to phase out General Revenue Fund subsidy 52,455
funding for health service agencies over the course of the 52,456
biennium beginning July 1, 1999, and to terminate such GRF 52,457
subsidy funding with the biennium beginning July 1, 2001. 52,458
Maternal Child Health Block Grant 52,460
Of the foregoing appropriation item 440-601, Maternal Child 52,462
Health Block Grant (Fund 320), $2,091,299 shall be used in each 52,463
fiscal year for the purposes of abstinence-only education. The 52,464
Director of Health shall develop guidelines for the establishment 52,465
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 52,466
shall be pursuant to Title V of the "Social Security Act," 42 52,467
U.S.C.A. 510, and shall include, but are not limited to, 52,468
advertising campaigns and direct training in schools and other 52,469
locations.
A portion of the foregoing appropriation item 440-601, 52,471
Maternal Child Health Block Grant (Fund 320), may be used to 52,472
ensure that current information on sudden infant death syndrome 52,473
is available for distribution by local health districts. 52,474
Genetics Services 52,476
The foregoing appropriation item 440-608, Genetics Services 52,478
(Fund 4D6), shall be used by the Department of Health to 52,479
administer programs authorized by sections 3701.501 and 3701.502 52,480
of the Revised Code. 52,481
Sickle Cell Fund 52,483
The foregoing appropriation item 440-610, Sickle Cell 52,485
Disease Control (Fund 4F9), shall be used by the Department of 52,486
Health to administer programs authorized by section 3701.131 of 52,487
the Revised Code. The source of the funds is as specified in 52,488
section 3701.23 of the Revised Code. 52,489
Osteoporosis Awareness Program 52,491
Grants from pharmaceutical companies, and others, for the 52,493
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 52,494
1162
Non-Governmental Revenue, and shall be used, along with 52,495
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 52,497
Office of Women's Health Initiatives to implement an Osteoporosis 52,498
Awareness Program.
Medically Handicapped Children Audit 52,500
The Medically Handicapped Children Audit Fund (Fund 477) 52,502
shall receive revenue from audits of hospitals and recoveries 52,503
from third-party payors. Moneys may be expended for payment of 52,504
audit settlements and for costs directly related to obtaining 52,505
recoveries from third-party payors and for encouraging Program 52,506
for Medically Handicapped Children recipients to apply for 52,507
third-party benefits. Moneys also may be expended for payments 52,508
for diagnostic and treatment services on behalf of medically 52,509
handicapped children, as defined in division (A) of section 52,510
3701.022 of the Revised Code, and Ohio residents who are 52,511
twenty-one or more years of age and who are suffering from cystic 52,512
fibrosis.
TANF Family Planning 52,514
The Director of Budget and Management shall transfer by 52,516
ISTV, no later than 15 days after the effective date of this 52,517
section, cash from the General Revenue Fund, appropriation item 52,518
400-410, TANF State, to State Special Revenue Fund 5C1 in the 52,519
Department of Health, in an amount of $250,000 in fiscal year 52,520
2000. These funds are to be appropriated in appropriation item 52,521
440-642, TANF Family Planning, for the purpose of family planning 52,522
services for children or their families whose income is at or 52,523
below 200 per cent of the official poverty guideline. 52,524
The Director of Budget and Management shall transfer by 52,526
ISTV, no later than July 15, 2000, cash from the General Revenue 52,527
Fund, appropriation item 600-410, TANF State, to State Special 52,528
Revenue Fund 5C1 in the Department of Health, in an amount of 52,529
$250,000 in fiscal year 2001. These funds are to be appropriated 52,530
in appropriation item 440-642, TANF Family Planning, for the 52,531
purpose of family planning services for children or their 52,532
1163
families whose income is at or below 200 per cent of the official 52,533
poverty guideline. 52,534
As used in this section, "poverty guideline" means the 52,536
official poverty guideline as revised annually by the United 52,537
States Secretary of Health and Human Services in accordance with 52,538
section 673 of the Community Services Block Grant Act, 95 Stat. 52,539
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 52,540
to the size of the family of the person whose income is being 52,541
determined.
Rabies Prevention 52,543
The foregoing appropriation item 440-624, Health Services 52,545
(Fund 5E1), shall be used for rabies prevention. 52,546
Medically Handicapped Children - County Assessments 52,549
The foregoing appropriation item 440-607, Medically 52,551
Handicapped Children - County Assessments (Fund 666), shall be 52,552
used to make payments pursuant to division (E) of section 52,553
3701.023 of the Revised Code. 52,554
Cash Transfer from Liquor Control Fund to Alcohol Testing 52,556
and Permit Fund 52,557
The Director of Budget and Management, pursuant to a plan 52,559
submitted by the Department of Health, or as otherwise determined 52,561
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 52,563
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 52,564
needs of the Alcohol Testing and Permit program. 52,565
The Director of Budget and Management shall transfer to the 52,567
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 52,568
Control Fund (Fund 043) established in section 4301.12 of the 52,569
Revised Code such amounts at such times as determined by the 52,570
transfer schedule.
Indigent Persons Care Study 52,572
Before December 31, 1999, the Department of Health shall 52,574
submit a report to the Governor, the Speaker of the House of 52,575
Representatives, the President of the Senate, the Minority Leader 52,576
1164
of the House of Representatives, the Minority Leader of the 52,577
Senate, the Legislative Budget Office of the Legislative Service 52,578
Commission, and the Office of Budget and Management. The report 52,579
shall include findings based on the data collected between July 52,580
1, 1997, and June 30, 1999, regarding the number of indigent 52,581
persons involved in motor vehicle accidents, the cost of the 52,582
indigent persons' medical care, and how the care was paid for. 52,583
Section 52. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 52,585
General Revenue Fund 52,587
GRF 148-100 Personal Services $ 173,950 $ 178,125 52,592
GRF 148-200 Maintenance $ 37,422 $ 38,320 52,596
TOTAL GRF General Revenue Fund $ 211,372 $ 216,445 52,599
General Services Fund Group 52,601
601 148-602 Gifts and 52,604
Miscellaneous $ 8,107 $ 8,302 52,606
TOTAL GSF General Services 52,607
Fund Group $ 8,107 $ 8,302 52,610
TOTAL ALL BUDGET FUND GROUPS $ 219,479 $ 224,747 52,613
Resource Utilization Study 52,616
The Commission on Hispanic/Latino Affairs shall explore 52,618
with the University of Toledo, or any other state university or 52,619
college, better options for utilizing the state resources 52,620
provided to the commission. The commission shall submit a report 52,621
of its findings to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader 52,622
of the House of Representatives, and the Minority Leader of the 52,623
Senate by December 31, 2000. 52,624
Section 53. OHS OHIO HISTORICAL SOCIETY 52,626
General Revenue Fund 52,628
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 52,633
GRF 360-502 Site Operations $ 7,713,699 $ 7,406,284 52,637
GRF 360-503 Ohio Bicentennial 52,639
Commission $ 1,271,155 $ 1,208,063 52,641
1165
GRF 360-504 Ohio Preservation 52,643
Office $ 418,507 $ 426,824 52,645
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 52,649
GRF 360-506 Hayes Presidential 52,651
Center $ 751,229 $ 769,258 52,653
GRF 360-508 Historical Grants $ 3,017,000 $ 600,000 52,657
GRF 360-509 Adena Visitor Center 52,659
and Grounds $ 1,200,000 $ 0 52,661
GRF 360-511 Battle Flags 52,662
Restoration $ 125,000 $ 125,000 52,664
TOTAL GRF General Revenue Fund $ 19,482,139 $ 15,640,630 52,667
TOTAL ALL BUDGET FUND GROUPS $ 19,482,139 $ 15,640,630 52,670
Subsidy Appropriation 52,673
Upon approval by the Director of Budget and Management, the 52,675
foregoing appropriation items shall be released to the Ohio 52,676
Historical Society in quarterly amounts that in total do not 52,677
exceed the annual appropriations. The funds and fiscal records 52,678
of the society for fiscal years 2000 and 2001 shall be examined 52,679
by independent certified public accountants approved by the 52,680
Auditor of State, and a copy of the audited financial statements 52,681
shall be filed with the Office of Budget and Management. The 52,682
society shall prepare and submit to the Office of Budget and 52,684
Management the following:
(A) An estimated operating budget for each fiscal year of 52,686
the biennium. The operating budget shall be submitted at or near 52,687
the beginning of each year. 52,688
(B) Financial reports, indicating actual receipts and 52,690
expenditures for the fiscal year to date. These reports shall be 52,691
filed at least semiannually during the fiscal biennium. 52,692
The foregoing appropriations shall be considered to be the 52,694
contractual consideration provided by the state to support the 52,695
state's offer to contract with the Ohio Historical Society under 52,696
section 149.30 of the Revised Code. 52,697
Study to Determine Digitizing Costs 52,699
1166
The Ohio Historical Society, with the assistance of the 52,701
Department of Administrative Services and the cooperation of the 52,702
Department of Health when relevant, shall conduct a study to 52,703
determine the feasibility, advisability, reasonable timelines, 52,704
and probable costs of digitizing its archives and library 52,705
records, the birth and death records maintained by the Ohio
Department of Health, and such other historical records for the 52,706
purpose of providing internet access to such records. The 52,707
society shall report findings of the study to the Governor and 52,708
the General Assembly by December 31, 1999. 52,709
Site Operations 52,711
Of the foregoing appropriation item 360-502, Site 52,713
Operations, $150,000 in fiscal year 2000 shall be used for the 52,714
Neil Armstrong Museum and $231,000 in fiscal year 2000 shall be 52,715
used for the Piqua Historical Area.
Ohio Bicentennial Commission 52,717
Of the foregoing appropriation item 360-503, Ohio 52,719
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 52,720
used for the Newark Bicentennial, $25,000 in fiscal year 2000 52,721
shall be used for the Greenfield Bicentennial, $25,000 in fiscal 52,722
year 2000 shall be used for the Bethel Bicentennial, $100,000 in
each fiscal year shall be distributed to the Ohio Humanities 52,723
Council, and $50,000 in fiscal year 2000 shall be used for the 52,724
Aurora Bicentennial.
Historical Grants 52,726
Of the foregoing appropriation item 360-508, Historical 52,728
Grants, $1,000,000 in fiscal year 2000 shall be distributed to 52,729
the Cleveland Museum of Art; $25,000 in each fiscal year shall be 52,730
used for Thurber House; $225,000 in each fiscal year shall be 52,731
used for the American Classical Music Hall of Fame and Museum;
$1,000,000 in fiscal year 2000 shall be distributed to the 52,732
Western Reserve Historical Society; $10,000 in fiscal yar 2000 52,733
shall be released to Historic Hopewell; $50,000 in fiscal year 52,734
2000 shall be used for the Noble County Historical Society; 52,735
1167
$250,000 in each fiscal year shall be used for the Great Lakes 52,736
Historical Society/Maritime Museum; $100,000 in fiscal year 2000
shall be used for the Tallmadge Church State Memorial; $100,000 52,737
in each fiscal year shall be used for the Erie Canal Association; 52,738
$50,000 in fiscal year 2000 shall be used for the Fountain Square 52,739
Renovation in Cincinnati; $7,000 in fiscal year 2000 shall be 52,740
used for the Franklin College Museum; $100,000 in fiscal year 52,741
2000 shall be used for the Cincinnati Museum Center; and $100,000 52,742
in fiscal year 2000 shall be used for the Hebrew Union College 52,743
Holocaust Records and Related Studies Program.
Adena Visitor Center and Grounds 52,745
The foregoing appropriation item 360-509, Adena Visitor 52,747
Center and Grounds, shall be used toward the completion of a 52,748
visitor center and the repair, restoration, and renovation of 52,749
existing structures in preparation for Ohio's bicentennial 52,750
celebration.
Hayes Presidential Center 52,752
If a United States government agency, including, but not 52,754
limited to, the National Park Service, chooses to take over the 52,755
operations and/or maintenance of the Hayes Presidential Center, 52,756
in whole or in part, the Ohio Historical Society shall make 52,758
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 52,760
and/or maintenance.
Ohio Historical Society Review Committee 52,762
(A) There is hereby created the Ohio Historical Society 52,764
Review Committee consisting of seven members. The Governor, the 52,765
Speaker of the House of Representatives, the President of the 52,766
Senate, and the minority leaders of the House and the Senate 52,767
shall each appoint one member. The President of the Ohio 52,768
Historical Society Board of Trustees, and another member of the 52,769
Ohio Historical Society Board shall also be members. 52,770
(1) All members shall serve without compensation. 52,772
(2) Four members shall constitute a quorum. 52,774
1168
(3) The society's members shall include one representative 52,776
who is elected by the society and one who is appointed by the 52,777
Governor.
(4) The review committee shall select a chairperson from 52,779
among its members.
(B) The task of the review committee shall include, but is 52,781
not limited to, the formulation of financial alternatives 52,782
concerning future funding needs, a review of the appropriateness 52,783
of the statutory duties of the society, and a review of the 52,784
financial and governance relationship between the state and the
Ohio Historical Society. 52,785
(C) The review committee shall make recommendations to the 52,787
Governor, the House of Representatives, the Senate, and the Ohio 52,788
Historical Society by October 1, 2000, at which time the 52,790
committee shall be terminated.
(D) The review committee may enter into professional 52,792
services contracts to assist with their review. Such expenses, 52,793
and other expenses related to the activities of the review 52,794
committee, shall be paid from the foregoing appropriation item 52,796
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 52,797
Section 54. REP OHIO HOUSE OF REPRESENTATIVES 52,799
General Revenue Fund 52,801
GRF 025-321 Operating Expenses $ 17,989,966 $ 17,989,966 52,806
TOTAL GRF General Revenue Fund $ 17,989,966 $ 17,989,966 52,809
General Services Fund Group 52,812
103 025-601 House Reimbursement $ 1,287,500 $ 1,287,500 52,817
4A4 025-602 Miscellaneous Sales $ 33,990 $ 33,990 52,821
TOTAL GSF General Services 52,822
Fund Group $ 1,321,490 $ 1,321,490 52,825
TOTAL ALL BUDGET FUND GROUPS $ 19,311,456 $ 19,311,456 52,828
Section 55. HUM DEPARTMENT OF HUMAN SERVICES 52,831
General Revenue Fund 52,833
GRF 400-100 Personal Services 52,836
1169
State $ 35,596,987 $ 0 52,840
Federal $ 16,903,068 $ 0 52,844
Personal Services 52,846
Total $ 52,500,055 $ 0 52,848
GRF 400-200 Maintenance 52,850
State $ 17,044,633 $ 0 52,854
Federal $ 7,409,647 $ 0 52,858
Maintenance Total $ 24,454,280 $ 0 52,862
GRF 400-300 Equipment 52,864
State $ 925,465 $ 0 52,868
Federal $ 406,522 $ 0 52,872
Equipment Total $ 1,331,987 $ 0 52,876
GRF 400-402 Electronic Benefits 52,878
Transfer (EBT)
State $ 7,260,457 $ 0 52,882
Federal $ 7,260,458 $ 0 52,886
EBT Total $ 14,520,915 $ 0 52,890
GRF 400-405 Family Violence 52,892
Prevention Programs $ 812,274 $ 0 52,894
GRF 400-408 Child & Family 52,896
Services Activities $ 3,104,606 $ 0 52,898
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 52,902
GRF 400-410 TANF State $ 261,857,133 $ 0 52,906
GRF 400-411 TANF Federal Block 52,908
Grant $ 417,200,000 $ 0 52,910
GRF 400-413 Day Care Match/Maint. 52,912
of Effort $ 76,454,292 $ 0 52,914
GRF 400-416 Computer Projects 52,916
State $ 69,280,200 $ 0 52,920
Federal $ 29,719,800 $ 0 52,924
Computer Projects 52,926
Total $ 99,000,000 $ 0 52,928
GRF 400-420 Child Support 52,930
Administration $ 7,125,822 $ 0 52,932
1170
GRF 400-426 Children's Health 52,934
Insurance Program
State $ 2,104,086 $ 0 52,938
Federal $ 4,656,614 $ 0 52,942
Children's Health 52,944
Insurance Program
Total $ 6,760,700 $ 0 52,946
GRF 400-502 Child Support Match $ 20,207,796 $ 0 52,950
GRF 400-504 Non-TANF County 52,952
Administration $ 76,017,940 $ 0 52,954
GRF 400-511 Disability Assistance $ 58,156,916 $ 0 52,958
GRF 400-512 Non-TANF Emergency 52,960
Assistance $ 4,200,000 $ 0 52,962
GRF 400-522 Burial Claims $ 1,338,062 $ 0 52,966
GRF 400-525 Health Care/Medicaid 52,968
State $2,289,534,148 $ 0 52,972
Federal $3,224,758,115 $ 0 52,976
Health Care/Medicaid 52,978
Total $5,514,292,263 $ 0 52,980
GRF 400-527 Child Protective 52,982
Services $ 54,808,735 $ 0 52,984
GRF 400-528 Adoption Services 52,986
State $ 27,253,334 $ 0 52,990
Federal $ 25,996,634 $ 0 52,994
Adoption Services 52,996
Total $ 53,249,968 $ 0 52,998
GRF 400-534 Adult Protective 53,000
Services $ 3,031,340 $ 0 53,002
GRF 400-552 County Social 53,004
Services $ 12,072,886 $ 0 53,006
TOTAL GRF General Revenue Fund 53,007
State $3,042,524,627 $ 0 53,011
Federal $3,734,310,858 $ 0 53,015
GRF Total $6,776,835,485 $ 0 53,019
1171
General Services Fund Group 53,022
4A8 400-658 Child Support 53,025
Collections $ 42,751,619 $ 0 53,027
4R4 400-665 BCII Service Fees $ 110,119 $ 0 53,031
5C9 400-671 Medicaid Program 53,033
Support $ 84,503,686 $ 0 53,035
613 400-645 Training Activities $ 75,000 $ 0 53,039
TOTAL GSF General Services 53,040
Fund Group $ 127,440,424 $ 0 53,043
Federal Special Revenue Fund Group 53,046
3A2 400-641 Emergency Food 53,049
Distribution $ 1,499,480 $ 0 53,051
3D3 400-648 Children's Trust Fund 53,053
Federal $ 2,040,524 $ 0 53,055
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 53,059
3F0 400-650 Hospital Care 53,061
Assurance Match $ 319,566,075 $ 0 53,063
3G5 400-655 Interagency 53,065
Reimbursement $ 830,258,410 $ 0 53,067
3G9 400-657 Special 53,069
Activities/Self
Sufficiency $ 498,600 $ 0 53,071
3H7 400-617 Day Care Federal $ 155,531,296 $ 0 53,075
3N0 400-628 IV-E Foster Care 53,077
Maintenance/Pass 53,078
Through $ 162,844,023 $ 0 53,080
3S5 400-622 Child Support 53,082
Projects $ 534,050 $ 0 53,084
316 400-602 State and Local 53,086
Training $ 6,770,894 $ 0 53,088
327 400-606 Child Welfare $ 29,007,597 $ 0 53,092
384 400-610 Food Stamps and State 53,094
Administration $ 141,595,547 $ 0 53,096
385 400-614 Foreign Refugees $ 7,309,725 $ 0 53,100
1172
395 400-616 Special 53,102
Activities/Child and
Family Services $ 4,418,844 $ 0 53,104
396 400-620 Social Services Block 53,106
Grant $ 73,947,634 $ 0 53,108
397 400-626 Child Support $ 216,456,690 $ 0 53,112
398 400-627 Adoption Maintenance/ 53,114
Administration $ 204,774,490 $ 0 53,117
TOTAL FED Federal Special Revenue 53,118
Fund Group $2,375,139,671 $ 0 53,121
State Special Revenue Fund Group 53,124
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 53,129
4E3 400-605 Nursing Home 53,131
Assessments $ 92,910 $ 0 53,133
4E7 400-604 Child and Family 53,135
Services Collections $ 138,780 $ 0 53,137
4F1 400-609 Foundation 53,139
Grants/Child and
Family Services $ 1,383,822 $ 0 53,141
4J5 400-613 Nursing Facility Bed 53,143
Assessments $ 32,319,125 $ 0 53,145
4J5 400-618 Residential State 53,147
Supplement Payments $ 14,112,907 $ 0 53,149
4K1 400-621 ICF MR Bed 53,151
Assessments $ 21,323,562 $ 0 53,153
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 53,157
4V2 400-612 Child Support 53,159
Activities $ 124,993 $ 0 53,161
4Z1 400-625 Health Care 53,163
Compliance $ 10,000,000 $ 0 53,165
5E3 400-633 EBT Contracted 53,166
Services $ 1,000,000 $ 0 53,168
5E4 400-615 Private Child Care 53,170
Agencies Training $ 10,280 $ 0 53,172
1173
6A7 400-656 Foundation 53,174
Grants/Self
Sufficiency $ 61,680 $ 0 53,176
600 400-603 Third-Party 53,178
Recoveries $ 13,000,000 $ 0 53,180
651 400-649 Hospital Care 53,182
Assurance Program $ 228,951,047 $ 0 53,184
TOTAL SSR State Special Revenue 53,185
Fund Group $ 326,686,270 $ 0 53,188
Agency Fund Group 53,191
192 400-646 Support Intercept - 53,194
Federal $ 68,354,979 $ 0 53,196
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 53,200
583 400-642 Support 53,202
Intercept-State $ 14,458,021 $ 0 53,204
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 53,207
Holding Account Redistribution Fund Group 53,210
R12 400-643 Refunds and Audit 53,213
Settlements $ 200,000 $ 0 53,215
R13 400-644 Forgery Collections $ 700,000 $ 0 53,219
TOTAL 090 Holding Account 53,220
Redistribution
Fund Group $ 900,000 $ 0 53,223
TOTAL ALL BUDGET FUND GROUPS $9,694,954,850 $ 0 53,226
Section 55.01. Family Violence Prevention 53,229
The foregoing appropriation item 400-405, Family Violence 53,231
Prevention Programs, may be used to provide grants for county and 53,232
local family violence prevention community education initiatives, 53,233
and to provide funding for domestic violence shelters that the 53,234
Department of Human Services determines are exclusively for 53,236
victims of domestic violence.
Section 55.02. Health Care/Medicaid 53,238
The foregoing appropriation item 400-525, Health 53,240
Care/Medicaid, shall not be limited by the provisions of section 53,241
1174
131.33 of the Revised Code. 53,242
Section 55.03. Medicaid Eligibility Simplifications 53,244
(A) The Department of Human Services may implement a 53,246
series of initiatives designed to simplify eligibility 53,247
determination procedures in the Medicaid program. The 53,248
initiatives may be designed to do the following: 53,249
(1) Reduce the complexity of the processes used in 53,251
applying for benefits and in making eligibility determinations, 53,252
including redeterminations of eligibility; 53,253
(2) Create and promote consistency from county to county 53,255
with regard to the Medicaid application and eligibility 53,256
determination processes; 53,257
(3) Coordinate, where possible, the Medicaid application 53,259
and eligibility determination processes with other health and 53,260
human services programs; 53,261
(4) Provide information to the public regarding the 53,263
opportunity to receive Medicaid benefits and how to apply for 53,264
them.
(B) During state fiscal year 2000, the Department of Human 53,266
Services may work with a targeted group of county departments of 53,267
human services in developing and testing the initiatives to 53,268
determine which initiatives would be best for implementation 53,269
statewide. The department may work with the county departments 53,270
from the following counties: Butler, Clermont, Cuyahoga, 53,271
Franklin, Hamilton, Hocking, Warren, and any other counties 53,272
selected by the department. During state fiscal year 2001, the 53,273
department may promote the initiatives that were determined to be 53,275
best for statewide implementation.
County Outreach Plans 53,277
The Department of Human Services may allow for the 53,279
pass-through of federal nonenhanced Medicaid administrative 53,280
matching funds to county departments of human services that 53,281
submit Medicaid outreach plans that meet the requirements of this 53,282
section.
1175
(A) The Department of Human Services may approve only 53,284
those plans that: 53,285
(1) Incorporate methods that the department has determined 53,287
will be effective in increasing the enrollment of eligible 53,288
individuals in Medicaid;
(2) Provide sufficient local match to meet the nonfederal 53,290
share of the county plan; 53,291
(3) Comply with the laws of this state and federal 53,293
regulations.
(B) The total amount passed through under this section 53,295
shall not exceed $4,000,000 in fiscal year 2000 and $4,000,000 in 53,296
fiscal year 2001. 53,297
(C) In the event that changes occur in the requirements 53,299
for federal funding for Medicaid administration or outreach, 53,300
including changes in continuation of the enhanced Medicaid 53,301
outreach funds through the Personal Responsibility and Work 53,302
Opportunity Reconciliation Act of 1996 beyond federal fiscal year 53,303
1999, the Department of Human Services may terminate the 53,304
pass-through of federal funds authorized by this section. 53,305
Section 55.04. Community Based Providers 53,307
From the foregoing appropriation item 400-525, Health 53,309
Care/Medicaid, $34,600,000 in fiscal year 2000 shall be used to 53,310
increase reimbursements in accordance with division (B) of 53,311
section 5111.025 of the Revised Code.
Section 55.05. Disability Assistance 53,313
The following schedule shall be used to determine monthly 53,315
grant levels in the Disability Assistance Program effective July 53,316
1, 1999. 53,317
Persons in 53,319
Assistance Group Monthly Grant 53,320
1 $115 53,323
2 159 53,324
3 193 53,325
4 225 53,326
1176
5 251 53,327
6 281 53,328
7 312 53,329
8 361 53,330
9 394 53,331
10 426 53,332
11 458 53,333
12 490 53,334
13 522 53,335
14 554 53,336
For each additional person add 40 53,339
TANF Federal Funds 53,342
Upon the request of the Department of Human Services, the 53,344
Controlling Board may increase appropriations in appropriation 53,346
item 400-411, TANF Federal Block Grant, provided sufficient 53,347
Federal TANF block grant funds exist to do so, without any 53,348
corresponding decrease in other appropriation items. The 53,350
department shall first provide the Office of Budget and
Management with documentation to support the need for the 53,351
increased appropriation.
All transfers of moneys from or charges against TANF 53,353
Federal Block Grant awards for use in the Social Services Block 53,354
Grant or the Child Care Development Block Grant from either 53,355
unobligated prior year appropriation authority in item 400-411, 53,356
or from FY 2000 appropriation authority in item 400-411, that 53,357
meet or exceed the Controlling Board thresholds as defined in
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 53,358
Code, shall be done only with the approval of the Controlling 53,359
Board, except where this act directs otherwise. The Department 53,361
of Human Services shall first provide the Office of Budget and
Management with documentation to support the need for such 53,362
transfers or charges for use in the Social Services Block Grant 53,363
or in the Child Care Development Block Grant. 53,364
TANF Cash Assistance 53,366
1177
The Department of Human Services shall use a portion of the 53,368
moneys appropriated for the TANF program in appropriation items 53,369
400-410, 400-411, and 400-658 to increase the cash assistance 53,370
provided to recipients of benefits under the TANF program by up 53,371
to three per cent as compared to the cash assistance provided 53,372
prior to July 1, 1999. The increased TANF cash assistance
benefit shall be effective January 1, 2000. 53,373
TANF County Incentives 53,375
Of the foregoing appropriation item 400-411, TANF Federal 53,377
Block Grant, the Department of Human Services may provide 53,379
financial incentives to those county departments of human 53,380
services that have exceeded performance standards adopted by the 53,381
state department, and where the board of county commissioners has 53,382
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 53,383
of the county department. Any financial incentive funds provided 53,384
pursuant to this division shall be used by the county department 53,385
for additional or enhanced services for families eligible for 53,386
assistance under Chapter 5107. or 5108. of the Revised Code or, 53,388
upon request by the county and approval by the Department of
Human Services, be transferred to the Child Care Development Fund 53,389
or the Social Services Block Grant. The county departments of 53,390
human services may retain and expend such funds without regard to 53,392
the state or county fiscal year in which the financial incentives 53,393
were earned or paid. Each county department of human services 53,394
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 53,395
these financial incentives and an evaluation of the effectiveness 53,396
of the county department's use of these funds in achieving 53,397
self-sufficiency for families eligible for assistance under 53,398
Chapter 5107. or 5108. of the Revised Code.
TANF Transportation Services 53,400
From the foregoing appropriation items 400-410, TANF State, 53,402
or 400-411, TANF Federal Block Grant, or a combination of both, 53,403
1178
up to $5,000,000 in fiscal year 2000 shall be used to expand the 53,404
accessibility of transportation services for participants in 53,405
programs funded from these appropriation items. 53,406
Hamilton Health Care Center 53,408
In fiscal year 2000, the Director of Human Services shall 53,410
provide $100,000 from appropriation item 400-410, TANF State, to 53,411
the Butler County department of human services for the purpose of 53,412
contracting with the Hamilton Health Care Center to provide 53,413
health care services for children or their families who reside in 53,414
Butler County whose income is at or below 200 per cent of the 53,415
official income poverty guideline. The Butler County Department 53,416
of Human Services and the Hamilton Health Care Center shall agree 53,417
on reporting requirements that meet all TANF reporting
requirements and time lines specified by the Department of Human 53,418
Services to be incorporated into the contract. 53,420
As used in this section, "poverty guideline" means the 53,422
official proverty guideline as revised annually by the United 53,423
States Secretary of Health and Human Services in accordance with 53,424
section 673 of the "Community Services Block Grant Act," 95 Stat. 53,425
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 53,427
to the size of the family of the person whose income is being
determined. 53,428
Alcohol and Drug Addiction Services Transfer 53,430
From the foregoing appropriation item 400-410, TANF State, 53,432
no later than 30 days after the effective date of this section, 53,433
the Director of Budget and Management shall transfer $1,500,000 53,434
in appropriation authority to State Special Revenue Fund 5B7, 53,435
appropriation item 038-629, TANF Transfer-Treatment, and $123,864 53,436
in appropriation authority to State Special Revenue Fund 5E8, 53,437
appropriation item 038-630, TANF Transfer-Mentoring, in the 53,438
Department of Alcohol and Drug Addiction Services. Of the 53,440
amounts transferred, $1,500,000 in appropriation authority shall 53,441
be used to provide substance abuse prevention and treatment 53,442
services to children, or their families, whose income is at or 53,443
1179
below 200 per cent of the official income poverty guideline. The 53,444
remaining $123,864 in transferred appropriation authority shall 53,445
be used to fund adolescent youth mentoring programs for children 53,446
or their families whose income is at or below 200 per cent of the 53,447
official income poverty guideline. The Department of Alcohol and 53,448
Drug Addiction Services shall comply with all TANF reporting 53,449
requirements and timelines specified by the Department of Human 53,450
Services.
Individual Development Accounts 53,452
From the foregoing appropriation items 400-410, TANF State, 53,454
or 400-411, TANF Federal Block Grant, or a combination of both, 53,455
up to $2,000,000 in fiscal year 2000 shall be used to allow 53,457
county departments of human services to make matching
contributions to Individual Development Accounts that have been 53,458
established by residents of the county. 53,459
Human Services Personal Care Assistance 53,461
In fiscal year 2000, the Director of Human Services shall 53,463
provide $240,000 from appropriation item 400-410, TANF State to 53,464
be divided between the county departments of human services of 53,465
Cuyahoga County and Franklin County to contract with the 53,466
Rehabilitation Services Commission to place up to 25
TANF-eligible persons into jobs as personal care assistants. The 53,468
county departments of human services in Cuyahoga County and 53,469
Franklin County and the Rehabilitation Services Commission shall 53,470
agree on reporting requirements that meet all TANF reporting
requirements and timelines specified by the Department of Human 53,471
Services to be incorporated into the contract. 53,472
TANF Family Planning 53,474
The Director of Budget and Management shall transfer, no 53,476
later than 15 days after the effective date of this section, 53,477
$250,000 in fiscal year 2000 from appropriation item 400-410, 53,478
TANF State, or 400-411, TANF Federal Block Grant, or a 53,479
combination of both, to State Special Revenue Fund 5C1, TANF
Family Planning, in the Department of Health, to be used for 53,480
1180
family planning services. 53,481
Ohio Association of Second Harvest Food Banks 53,483
The Department of Human Services may use up to $2,500,000 53,485
in fiscal year 2000 as provided in section 55.10 of this act of 53,486
the funds transferred from the Temporary Assistance to Needy 53,487
Families Block Grant to the Social Services Block Grant to 53,488
support expenditures to Ohio Association of Second Harvest Food 53,489
Banks pursuant to the following criteria.
As used in this section, "proverty guideline" means the 53,491
official poverty guideline as revised annually by the United 53,492
States Secretary of Health and Human Services in accordance with 53,493
section 673 of the "Community Services Block Grant Act," 95 Stat. 53,494
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 53,496
to the size of the family of the person whose income is being
determined. 53,497
The Department of Human Services shall provide an annual 53,499
grant of $2,500,000 in fiscal year 2000 to the Ohio Association 53,500
of Second Harvest Food Banks. In fiscal year 2000, the Ohio 53,501
Association of Second Harvest Food Banks shall use $1,500,000 for 53,502
the purchase of food products for the Ohio Food Program of which 53,503
up to $105,000 may be used for food storage and transport and
shall use $1,000,000 for the Agricultural Surplus Production 53,504
Alliance Project. Funds provided for the Ohio Food Program shall 53,505
be used to purchase food products and distribute those food 53,506
products to agencies participating in the emergency food
distribution program. No funds provided through this grant may 53,507
be used for administrative expenses other than funds provided for 53,508
food storage and transport. As soon as possible after entering 53,509
into a grant agreement at the beginning of the fiscal year, the 53,510
Department of Human Services shall distribute the grant funds in 53,511
one single payment. The Ohio Association of Second Harvest Food 53,512
Banks shall develop a plan for the distribution of the food 53,513
products to local food distribution agencies. Agencies receiving
these food products shall ensure that individuals and families 53,514
1181
who receive any of the food products purchased with these funds 53,515
have an income at or below 150 per cent of the poverty guideline. 53,516
The Department of Human Services and the Ohio Association of 53,517
Second Harvest Food Banks shall agree on reporting requirements 53,518
to be incorporated into the grant agreement.
Any fiscal year 2000 funds from this grant remaining 53,520
unspent on June 30, 2000, shall be returned by the Ohio 53,521
Association of Second Harvest Food Banks to the Department of 53,522
Human Services no later than November 1, 2000.
Computer Related Services 53,524
The Department of Human Services may use up to $20,000,000 53,526
in state fiscal year 2000 as provided in section 55.10 of this 53,527
act of the funds transferred from the Temporary Assistance to 53,528
Needy Families to the Social Service Block Grant to support 53,529
computer related expenditures for services that benefit the 53,530
County Department of Human Services. 53,531
Additional Maintenance of Effort and Matching Funding for 53,533
the Child Care Development Fund 53,534
The Department of Human Services may use up to $8,383,231 53,536
as provided in section 55.10 of this act transfer sufficient 53,537
moneys from the Temporary Assistance to Needy Families Block 53,538
Grant to the Social Service Block Grant to support matching and 53,540
maintenance of effort requirements of the Child Care Development 53,542
Fund in order to match all funds for which Ohio is eligible.
Additional Funding for the AdoptOhio Program 53,544
The Department of Human Services may use up to $1,495,395 53,546
in state fiscal year 2000 as provided in section 55.10 of this 53,547
act of the funds transferred from the Temporary Assistance to 53,548
Needy Families Block Grant to the Social Service Block Grant to 53,549
support expenditures for AdoptOhio if the existing appropriations 53,550
in 400-408 is not sufficient to support the program. 53,551
Inner City Youth Opportunities Program 53,553
In fiscal year 2000, the Director of Human Services shall 53,555
provide $75,000 from appropriation item 400-410, TANF State, to 53,556
1182
the Hamilton County department of human services to contract with 53,557
the Inner City Youth Opportunities organization of Cincinnati for 53,558
the purpose of providing allowable services to TANF-eligible 53,559
individuals. The Hamilton County department of human services 53,560
and Inner City Youth Opportunities shall agree on reporting 53,561
requirements that meet all TANF reporting requirements and
timelines specified by the Department of Human Services to be 53,562
incorporated into the contract. 53,563
TANF Fatherhood Programs 53,565
From the foregoing appropriation item 400-411, TANF Federal 53,567
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 53,568
to support local fatherhood programs. Of the foregoing 53,569
$5,000,000, $300,000 in fiscal year 2000 shall be used to 53,570
establish and operate a Fatherhood Commission. Of the foregoing
$5,000,000, $310,000 in fiscal year 2000 shall be provided to the 53,571
Cuyahoga County Department of Human Services to contract with the 53,572
Center for Families and Children for the purpose of providing 53,573
allowable services to TANF-eligible individuals. The Cuyahoga 53,574
County Department of Human Services and the Center for Families 53,575
and Children shall agree on reporting requirements to be
incorporated into the contract. 53,576
TANF Adult Literacy and Child Reading Programs 53,578
From the foregoing appropriation item 400-411, TANF Federal 53,580
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 53,581
to support local adult literacy and child reading programs. 53,582
Child Nutrition Services 53,584
The Department of Human Services shall use up to $2,500,000 53,586
in fiscal year 2000 as provided in section 55.10 of this act of 53,587
the funds transferred from the Temporary Assistance to Needy 53,589
Families Block Grant to the Social Services Block Grant to 53,590
support Child Nutrition Services in the Department of Education. 53,591
As soon as possible after the effective date of this section, the 53,592
Department of Human Services shall enter into an interagency 53,593
agreement with the Department of Education to reimburse the 19 53,594
1183
pilot programs that provide nutritional evening meals to 53,595
adolescents aged 13 through 18 participating in educational or 53,596
enrichment activities at youth development centers. Such funds 53,597
shall not be used as matching funds. Eligibility and reporting 53,598
guidelines will be detailed in the interagency agreement. 53,599
The Director of Budget and Management shall increase the 53,601
appropriation item authority by $2,500,000 for State Special 53,602
Revenue Fund, 5B1, Child Nutrition Services, in the Department of 53,603
Education. 53,604
Cincinnati YWCA GED and Child Care Programs 53,606
In fiscal year 2000, the Director of Human Services shall 53,608
provide $65,000 from appropriation item 400-410, TANF State, to 53,609
the Hamilton County department of human services to contract with 53,610
the YWCA of Greater Cincinnati for the purpose of providing a 53,611
General Educational Development (GED) program to TANF-eligible 53,612
individuals, and child care to individuals enrolled in the GED 53,613
program. The Hamilton County department of human services and
the YWCA of Greater Cincinnati shall agree on reporting 53,614
requirements that meet all TANF reporting requirements and 53,615
timelines specified by the Department of Human Services to be 53,616
incorporated into the contract.
Single Allocation for County Departments of Human Services 53,618
Using the foregoing appropriation items 400-504, Non-TANF 53,620
County Administration; 400-610, Food Stamps and State 53,621
Administration; 400-410, TANF State; 400-411, TANF Federal Block 53,623
Grant; 400-620, Social Services Block Grant; 400-552, County 53,624
Social Services; 400-413, Day Care Match/Maintenance of Effort; 53,625
400-617, Day Care Federal; 400-534, Adult Protective Services; 53,626
and 400-614, Foreign Refugees, the Department of Human Services 53,627
may establish a single allocation for county departments of human 53,628
services that are subject to a partnership agreement between a 53,629
board of county commissioners and the department. The county 53,630
department is not required to use all the money from one or more 53,631
of the foregoing appropriations items listed in this paragraph 53,632
1184
for the purpose for which the specific appropriation item is made 53,633
so long as the county department uses the money for a purpose for 53,634
which at least one of the other of those foregoing appropriation 53,635
items is made. The county department may not use the money in 53,636
the allocation for a purpose other than a purpose for which any 53,637
of those foregoing appropriation items are made. If the spending 53,638
estimates used in establishing the single allocation are not 53,639
realized and the county department uses money in one or more of 53,640
those foregoing appropriation items in a manner for which federal 53,641
financial participation is not available, the department shall 53,642
use state funds available in one or more of those foregoing 53,643
appropriation items to ensure that the county department receives 53,644
the full amount of its allocation. The single allocation is the 53,645
maximum amount the county department will receive from those 53,646
foregoing appropriation items. 53,647
Reports on Interagency Transfers 53,649
With regard to the foregoing appropriation item 400-655, 53,651
Interagency Reimbursement, the Department of Human Services shall 53,652
provide the Legislative Budget Office of the Legislative Service 53,653
Commission with a report each month that details interagency 53,655
transfers through the appropriation item. The reports shall 53,656
break down transfers by agency and appropriation item to which 53,657
transfers are made. Transfers shall further be broken down by 53,658
source of federal funds, including federal program number (as
shown in the Catalog of Federal Domestic Assistance), grant 53,659
number, and department reporting category number. In addition, 53,660
transfers of Medicaid dollars shall be grouped between 53,661
reimbursement for services and administrative costs. Reports 53,662
shall be provided to the Legislative Budget Office of the 53,663
Legislative Service Commission within two weeks after the end of 53,665
the month.
Section 55.06. Hospital Care Assurance Match 53,667
Appropriation item 400-650, Hospital Care Assurance Match, 53,670
shall be used by the Department of Human Services to receive and 53,671
1185
distribute funds in connection with the Hospital Care Assurance 53,672
Program.
Section 55.07. Transfer of Funds 53,674
The Department of Human Services shall transfer, through 53,676
intrastate transfer vouchers, cash from State Special Revenue 53,677
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 53,678
Community-Based Services, in the Department of Mental Retardation 53,679
and Developmental Disabilities. The sum of the transfers shall 53,680
be equal to the amounts appropriated in fiscal year 2000 in 53,681
appropriation item 322-604, Waiver - Match. The transfer may 53,683
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 53,684
The Department of Human Services shall transfer, through 53,686
intrastate transfer vouchers, cash from the State Special Revenue 53,687
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 53,688
4J4, PASSPORT, in the Department of Aging. The sum of the 53,689
transfers shall be equal to the amount appropriated in fiscal 53,690
year 2000 in appropriation item 490-610, PASSPORT/Residential 53,693
State Supplement. The transfer may occur on a quarterly basis or 53,694
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 53,696
The Department of Human Services shall transfer, through 53,698
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 53,699
Program Support, to the Department of Mental Health's Fund 4X5, 53,700
OhioCare, in accordance with an interagency agreement that 53,702
delegates authority from the Department of Human Services to the
Department of Mental Health to administer specified Medicaid 53,703
services.
The Director of Budget and Management shall transfer cash 53,705
from the Department of Human Services Fund 5C9, Medicaid Program 53,707
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 53,708
Transfer from the Children's Trust Fund to the Wellness 53,710
Block Grant Fund
1186
Within 90 days after the effective date of this section, 53,712
the Director of Budget and Management shall transfer $1,000,000 53,714
in fiscal year 2000 from Fund 198, Children's Trust Fund, to Fund 53,715
4N7, Wellness Block Grant, within the Department of Human 53,716
Services' budget.
Foster Care Liability Coverage 53,718
On behalf of public children services agencies, private 53,720
childplacing agencies, private noncustodial agencies and in 53,721
consultation with the Department of Insurance and the Office of 53,722
State Purchasing, the Department of Human Services may seek and 53,723
accept proposals for a uniform and statewide insurance policy to 53,724
indemnify foster parents for personal injury and property damage 53,725
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 53,726
children services agency, private childplacing agency and private 53,727
noncustodial agency that agrees to purchase the insurance policy. 53,728
Protective Services Incentive Funding 53,730
Notwithstanding the formula in section 5101.14 of the 53,732
Revised Code, from the foregoing appropriation item 400-527, 53,733
Child Protective Services, the Department of Human Services may 53,735
use no more than $2,400,000 in fiscal year 2000 as incentive 53,736
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 53,737
delivery to and assist public children service agencies in 53,738
complying with federal reporting requirements. Of this amount, 53,740
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 53,741
Department of Human Services shall develop a process for the 53,742
release of these funds and may adopt rules in accordance with 53,743
section 111.15 of the Revised Code governing the distribution, 53,744
release, and use of these funds.
Statewide Automated Child Welfare Information System 53,746
Of the foregoing appropriation item 400-416, Computer 53,747
Projects, in fiscal year 2000, $10,000,000 shall be used for the 53,748
1187
development and implementation of the Statewide Automated Child 53,749
Welfare Information System (SACWIS). 53,750
Day Care/Head Start Collaborations 53,752
The Department of Human Services and the county departments 53,754
of human services shall work to develop collaborative efforts 53,755
between Head Start and child care providers. The Department of 53,756
Human Services may use the foregoing appropriation items 400-413, 53,758
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 53,759
child day care centers. 53,760
Four C's Comprehensive Community Child Care Program 53,762
From the foregoing appropriation item 400-617, Day Care 53,764
Federal, in fiscal year 2000, the Director of Human Services 53,765
shall provide $25,000 from child care funds to the Hamilton 53,766
County Department of Human Services to contract with the Four C's 53,767
Comprehensive Community Child Care for quality activities 53,768
allowable under the Child Care Development Block Grant. The
Hamilton County Department of Human Services and Four C's shall 53,769
agree on reporting requirements to be incorporated into the 53,770
contract.
Adoption Assistance 53,772
Of the foregoing appropriation item 400-528, Adoption 53,775
Services State, at least $3,700,000 in fiscal year 2000 shall be 53,776
used in support of post finalization adoption services offered 53,777
pursuant to section 5153.163 of the Revised Code. The Department 53,779
of Human Services shall adopt rules and procedures pursuant to 53,780
section 111.15 of the Revised Code to set payment levels and 53,781
limit eligibility for post finalization adoption services as 53,782
necessary to limit program expenditures to the amounts set forth 53,783
in this section, based on factors including, but not limited to, 53,784
any or all of the following: type, or extent, of the adopted 53,785
child's disability or special need; and resources available to 53,786
the adoptive family to meet the child's service needs. 53,787
Adoption Connection of Cincinnati 53,789
1188
Of the foregoing appropriation item 400-528, Adoption 53,791
Services, $42,000 is earmarked in FY 2000 to support the Adoption 53,792
Connection of Cincinnati.
Child Support Collections/TANF MOE 53,794
The foregoing appropriation item 400-658, Child Support 53,796
Collections, shall be used by the Department of Human Services to 53,797
meet the TANF Maintenance of Effort requirements of Pub. L. No. 53,798
104-193. After the state has met the maintenance of effort 53,799
requirement, the Department of Human Services may use funds from 53,800
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 53,801
Private Child Care Agencies Training 53,803
The foregoing appropriation item 400-615, Private Child 53,805
Care Agencies Training, shall be used by the Department of Human 53,806
Services to provide the state match for federal Title IV-E 53,807
training dollars for private child placing agencies and private 53,808
noncustodial agencies. Revenues shall consist of moneys derived 53,809
from fees established under section 5101.143 of the Revised Code 53,810
and paid by private child placing agencies and private 53,811
noncustodial agencies.
Child Care Quality Improvement 53,813
The Department of Human Services shall make available to 53,815
county departments of human services an amount to fund the 53,817
improvement of the quality of publicly funded child care and
access to publicly funded child care, including, but not limited 53,818
to, recruitment, training, mentoring, and oversight of child care 53,819
providers or in-home providers. 53,820
Transfer for Lead Assessments 53,822
Of the foregoing appropriation item 400-525, Health 53,824
Care/Medicaid, the Department of Human Services may transfer 53,825
funds from the General Revenue Fund to the General Operations 53,826
Fund (Fund 142) of the Department of Health. Transfer of the 53,827
funds shall be made through intrastate transfer voucher pursuant 53,828
to an interagency agreement for the purpose of performing
1189
environmental lead assessments in the homes of Medicaid 53,829
Healthcheck recipients.
Childhood Lead Poisoning Prevention Program 53,831
Of the foregoing appropriation item 400-525, Health 53,833
Care/Medicaid, up to $250,000 over the biennium shall be used to 53,834
fund the harmonization of data on Medicaid eligible children in 53,835
the Department of Human Services and data on tested children in 53,836
the Department of Health. 53,837
Childhood Lead Poisoning Working Group 53,839
There is hereby created the Childhood Lead Poisoning 53,841
Working Group to study and propose a state plan to address lead 53,843
poisoning treatment and control issues. The Working Group shall 53,844
consist of fourteen members, one of whom must be a senator 53,845
appointed by the President of the Senate, and one member shall be 53,846
a representative appointed by the Speaker of the House of 53,847
Representatives. The Working Group shall also consist of two 53,848
designees of the Director of each of the following departments: 53,849
Department of Human Services, Department of Health, Department of 53,850
Development, Ohio Environmental Protection Agency, and the 53,851
Department of Education. The Help End Lead Poisoning Coalition 53,852
shall appoint two members. The members of the Working Group 53,853
shall be appointed within thirty days of the effective date of 53,854
this section.
Not later than June 30, 2000, the Working Group shall 53,856
submit a report of its findings and recommendations to the 53,857
Speaker and Minority Leader of the House of Representatives and 53,858
the President and the Minority Leader of the Senate. The 53,859
above-mentioned departments shall make staff available to the 53,860
Working Group.
Medicaid Program Support Fund - State 53,862
The foregoing appropriation item 400-671, Medicaid Program 53,864
Support, shall be used by the Department of Human Services to pay 53,865
for Medicaid services and contracts. 53,866
Holding Account Redistribution Group 53,868
1190
The foregoing appropriation items 400-643 and 400-644, 53,870
Holding Account Redistribution Fund Group, shall be used to hold 53,871
revenues until they are directed to the appropriate accounts or 53,872
until they are refunded. If it is determined that additional 53,873
appropriation authority is necessary, such amounts are hereby 53,874
appropriated.
Agency Fund Group 53,876
The Agency Fund Group shall be used to hold revenues until 53,879
the appropriate fund is determined or until they are directed to 53,880
the appropriate governmental agency other than the Department of 53,882
Human Services. If it is determined that additional 53,883
appropriation authority is necessary, such amounts are hereby
appropriated. 53,884
Federal Special Revenue Fund Group 53,886
The foregoing appropriation items that appear in the 53,888
Department of Human Services' Federal Special Revenue Fund Group 53,889
shall be used to collect revenue from various sources and use the 53,890
revenue to support programs administered by the Department of 53,891
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 53,892
the Director of Budget and Management on forms prescribed by the 53,893
Controlling Board. If the Director agrees that the additional 53,894
appropriation authority is necessary in order to perform the 53,895
functions allowable in the appropriation item, then such amounts 53,896
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 53,897
the action taken.
Section 55.08. Adoptive Placement Payments 53,899
The foregoing appropriation item 400-408, Child & Family 53,901
Services Activities, may be used to make payments pursuant to 53,902
agreements entered into under section 5103.12 of the Revised 53,903
Code. 53,904
Consolidation of State Grants 53,906
With the consent of a county, the Department of Human 53,908
1191
Services may combine into a single and consolidated grant of 53,909
state aid, funds that would otherwise be provided to that county 53,910
pursuant to the operation of section 5101.14 of the Revised Code 53,911
and other funds that would otherwise be provided to that county 53,912
for the purpose of providing kinship care. 53,913
Funds contained in any such consolidation grant shall not 53,915
be subject to either statutory or administrative rules that would 53,916
otherwise govern allowable uses from such funds, except that such 53,918
funds shall continue to be used by the county to meet the
expenses of its children services program. Funds contained in 53,919
any consolidation grant shall be paid to each county within 53,920
thirty days after the beginning of each calendar quarter. Funds 53,921
provided to a county under this section shall be deposited in the 53,923
children services fund, established in section 5101.143 of the 53,924
Revised Code, and shall be used for no other purpose than to meet 53,925
the expenses of the children services program.
Section 55.09. Notwithstanding section 5111.231 of the 53,927
Revised Code or any other section of the Revised Code and for the 53,928
purpose of determining nursing facilities' rate of direct care 53,929
costs for fiscal year 2000, the Department of Human Services 53,930
shall calculate annual average case-mix scores for calendar year 53,931
1998 using resident assessment information for calendar quarters
ending September 30, 1998, and December 31, 1998. 53,932
Section 55.10. Medicaid Program Support Fund 5C9. 53,934
Prior to September 30, 1999, the Department of Human 53,936
Services shall file claims for reimbursement for all allowable 53,937
expenditures for services provided by the Department of Human 53,938
Services, or other agencies, which may qualify for Social 53,939
Services Block Grant funding pursuant to Title XX of the federal 53,940
Social Security Act. During fiscal year 2000, the Department of 53,941
Human Services is authorized to deposit into the Medicaid Program 53,942
Support Fund (Fund 5C9), receipts from TANF Block Grant funds 53,943
credited to the Social Services Block Grant. Upon verification of 53,944
the deposit to Fund 5C9, the Director of Budget and Management 53,945
1192
shall transfer the cash receipts received under this section to 53,946
the General Revenue Fund. The Director shall increase the General 53,947
Revenue Fund appropriation line items, or establish the General 53,948
Revenue Fund line items, from which the funds are to be 53,949
disbursed, for the following purposes and by the following 53,950
amounts and by any associated increase in federal funds: 53,951
Second Harvest Food Bank $2,500,000 53,954
Computer Projects $20,000,000 53,957
Audits $1,000,000 53,960
AdoptOhio $1,495,395 53,963
Child Nutrition Services $2,500,000 53,966
Child Care Match Up to $8,383,231 53,969
OBES/ODHS Merger Costs Up to $2,000,000 53,972
Total $37,878,626 53,975
The Director Budget and Management shall determine if 53,978
sufficient cash receipts are available to cover the purposes 53,979
stated in this section. If cash receipts are not sufficient to 53,980
cover the purposes stated in this section, the Director of Budget 53,981
and Management shall determine the amounts that will be disbursed 53,982
for the purposes stated above.
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL 53,984
General Revenue Fund 53,986
GRF 965-321 Operating Expenses $ 640,670 $ 636,253 53,991
TOTAL GRF General Revenue Fund $ 640,670 $ 636,253 53,994
State Special Revenue Fund Group 53,996
4Z3 965-602 Special 53,999
Investigations $ 100,000 $ 100,000 54,001
TOTAL SSR State Special Revenue $ 100,000 $ 100,000 54,004
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 740,670 $ 736,253 54,007
Of the foregoing appropriation item 965-602, Special 54,010
Investigations, up to $100,000 in each fiscal year may be used 54,011
for investigative costs, pursuant to section 121.481 of the 54,012
Revised Code.
1193
Section 57. INS DEPARTMENT OF INSURANCE 54,014
State Special Revenue Fund Group 54,016
554 820-601 Operating Expenses - 54,019
OSHIIP $ 733,707 $ 751,351 54,021
554 820-606 Operating Expenses $ 17,540,571 $ 17,771,394 54,025
555 820-605 Examination $ 6,147,608 $ 6,090,979 54,029
TOTAL SSR State Special Revenue 54,030
Fund Group $ 24,421,886 $ 24,613,724 54,033
TOTAL ALL BUDGET FUND GROUPS $ 24,421,886 $ 24,613,724 54,036
Market Conduct Examination 54,039
When conducting a market conduct examination of any insurer 54,041
doing business in this state, the Superintendent of Insurance may 54,042
assess the costs of such examination against the insurer. The 54,043
superintendent may enter into consent agreements to impose 54,044
administrative assessments or fines for conduct discovered that 54,045
may be violations of statutes or regulations administered by the 54,046
superintendent. All costs, assessments, or fines collected shall 54,047
be deposited to the credit of the Department of Insurance 54,048
Operating Fund (Fund 554). 54,049
Examinations of Domestic Fraternal Benefit Societies 54,051
The Superintendent of Insurance may transfer funds from the 54,053
Department of Insurance Operating Fund (Fund 554) established by 54,054
section 3901.021 of the Revised Code to the Superintendents 54,055
Examination Fund (Fund 555) established by section 3901.071 of 54,056
the Revised Code, only for the expenses incurred in examining 54,057
Domestic Fraternal Benefit Societies as required by section 54,058
3921.28 of the Revised Code. 54,059
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES 54,061
General Revenue Fund 54,063
GRF 600-100 Personal Services 54,066
State $ 0 $ 35,389,243 54,070
Federal $ 0 $ 16,630,812 54,074
Personal Services 54,076
Total $ 0 $ 52,020,055 54,078
1194
GRF 600-200 Maintenance 54,080
State $ 0 $ 17,309,326 54,084
Federal $ 0 $ 7,368,926 54,088
Maintenance Total $ 0 $ 24,678,252 54,092
GRF 600-300 Equipment 54,094
State $ 0 $ 420,342 54,098
Federal $ 0 $ 180,834 54,102
Equipment Total $ 0 $ 601,176 54,106
GRF 600-402 Electronic Benefits 54,108
Transfer (EBT)
State $ 0 $ 7,332,532 54,112
Federal $ 0 $ 7,332,531 54,116
EBT Total $ 0 $ 14,665,063 54,120
GRF 600-405 Family Violence 54,122
Prevention Programs $ 0 $ 835,018 54,124
GRF 600-406 Workforce Development $ 0 $ 358,404 54,128
GRF 600-407 Unemployment 54,130
Insurance/Employment
Services Operating $ 0 $ 22,727,425 54,132
GRF 600-408 Labor Market 54,134
Projections $ 0 $ 184,534 54,136
GRF 600-410 TANF State $ 0 $ 261,857,133 54,140
GRF 600-411 TANF Federal Block 54,142
Grant $ 0 $ 417,200,000 54,144
GRF 600-412 Prevailing 54,146
Wage/Minimum Wage and
Minors $ 0 $ 2,423,702 54,148
GRF 600-413 Day Care 54,150
Match/Maintenance of
Effort $ 0 $ 76,454,292 54,152
GRF 600-414 Apprenticeship 54,154
Council $ 0 $ 177,769 54,156
GRF 600-416 Computer Projects 54,158
State $ 0 $ 74,620,000 54,162
1195
Federal $ 0 $ 29,380,000 54,166
Computer Projects 54,168
Total $ 0 $ 104,000,000 54,170
GRF 600-417 Public Employee Risk 54,172
Reduction Program $ 0 $ 1,356,075 54,174
GRF 600-420 Child Support 54,176
Administration $ 0 $ 8,103,800 54,178
GRF 600-426 Children's Health 54,180
Insurance Plan (CHIP)
State $ 0 $ 7,099,589 54,183
Federal $ 0 $ 16,857,856 54,186
CHIP Total $ 0 $ 23,957,445 54,189
GRF 600-427 Child and Family 54,191
Services Activities $ 0 $ 3,110,655 54,193
GRF 600-428 Wellness Block Grant $ 0 $ 14,337,515 54,197
GRF 600-429 Womens Programs $ 0 $ 485,619 54,201
GRF 600-430 OSHA Match $ 0 $ 137,045 54,205
GRF 600-502 Child Support Match $ 0 $ 20,773,614 54,209
GRF 600-504 Non-TANF County 54,211
Administration $ 0 $ 75,017,940 54,213
GRF 600-511 Disability 54,215
Assistance/Other
Assistance $ 0 $ 63,665,762 54,217
GRF 600-512 Non-TANF Emergency 54,219
Assistance $ 0 $ 4,200,000 54,221
GRF 600-522 Burial Claims $ 0 $ 1,465,911 54,225
GRF 600-525 Health Care/Medicaid 54,227
State $ 0 $2,422,439,516 54,231
Federal $ 0 $3,426,038,311 54,235
Health Care Total $ 0 $5,848,477,827 54,239
GRF 600-527 Child Protective 54,241
Services $ 0 $ 57,332,997 54,243
GRF 600-528 Adoption Services 54,245
State $ 0 $ 28,428,928 54,249
1196
Federal $ 0 $ 27,632,851 54,253
Adoption Services 54,255
Total $ 0 $ 56,061,779 54,257
GRF 600-534 Adult Protective 54,259
Services $ 0 $ 3,031,340 54,261
GRF 600-552 County Social 54,263
Services $ 0 $ 12,072,886 54,265
TOTAL GRF General Revenue Fund 54,266
State $ 0 $3,223,148,912 54,270
Federal $ 0 $3,948,622,121 54,274
GRF Total $ 0 $7,171,771,033 54,278
General Services Fund Group 54,281
4A8 600-658 Child Support 54,284
Collections $ 0 $ 42,389,027 54,286
4R4 600-665 BCII Service Fees $ 0 $ 113,202 54,290
5C9 600-671 Medicaid Program 54,292
Support $ 0 $ 83,527,307 54,294
613 600-645 Training Activities $ 0 $ 75,000 54,298
TOTAL GSF General Services 54,299
Fund Group $ 0 $ 126,104,536 54,302
Federal Special Revenue Fund Group 54,305
3A2 600-641 Emergency Food 54,308
Distribution $ 0 $ 1,499,480 54,310
3D3 600-648 Children's Trust Fund 54,312
Federal $ 0 $ 1,549,253 54,314
3F0 600-623 Health Care Federal $ 0 $ 206,652,537 54,318
3F0 600-650 Hospital Care 54,320
Assurance Match $ 0 $ 309,093,463 54,322
3G5 600-655 Interagency 54,324
Reimbursement $ 0 $ 844,021,602 54,326
3G9 600-657 Special Activities 54,328
Self Sufficiency $ 0 $ 544,782 54,330
3H7 600-617 Day Care Federal $ 0 $ 163,579,818 54,334
1197
3N0 600-628 IV-E Foster Care 54,336
Maintenance $ 0 $ 196,993,903 54,338
3S5 600-622 Child Support 54,340
Projects $ 0 $ 534,050 54,342
3S9 600-680 TANF Employment and 54,344
Training $ 0 $ 700,000 54,346
316 600-602 State and Local 54,348
Training $ 0 $ 7,336,811 54,350
327 600-606 Child Welfare $ 0 $ 29,481,996 54,354
331 600-686 Federal Operating $ 0 $ 111,819,362 54,358
349 600-682 OSHA Enforcement $ 0 $ 1,326,501 54,362
365 600-681 JOB Training Program $ 0 $ 121,099,383 54,366
384 600-610 Food Stamps and State 54,368
Administration $ 0 $ 150,437,578 54,370
385 600-614 Refugee Services $ 0 $ 7,309,725 54,374
395 600-616 Special 54,376
Activities/Child and
Family Services $ 0 $ 4,311,677 54,378
396 600-620 Social Services Block 54,380
Grant $ 0 $ 60,420,498 54,382
397 600-626 Child Support $ 0 $ 226,768,641 54,386
398 600-627 Adoption Maintenance/ 54,388
Administration $ 0 $ 267,459,255 54,391
TOTAL FED Federal Special Revenue 54,392
Fund Group $ 0 $2,712,940,315 54,395
State Special Revenue Fund Group 54,398
198 600-647 Children's Trust Fund $ 0 $ 3,238,074 54,403
4A9 600-607 Unemployment 54,405
Compensation Admin
Fund $ 0 $ 13,962,175 54,407
4E3 600-605 Nursing Home 54,409
Assessments $ 0 $ 95,511 54,411
4E7 600-604 Child and Family 54,413
Services Collections $ 0 $ 142,666 54,415
1198
4F1 600-609 Foundation 54,417
Grants/Child and
Family Services $ 0 $ 1,422,569 54,419
4G1 600-683 Interagency 54,421
Agreements $ 0 $ 605,091 54,423
4J5 600-613 Nursing Facility Bed 54,425
Assessments $ 0 $ 32,334,707 54,427
4J5 600-618 Residential State 54,429
Supplement Payments $ 0 $ 14,285,756 54,431
4K1 600-621 ICF/MR Bed 54,433
Assessments $ 0 $ 21,180,717 54,435
4N7 600-670 Wellness Block Grant $ 0 $ 1,000,000 54,439
4R3 600-687 Banking Fees $ 0 $ 592,937 54,443
4V2 600-612 Child Support 54,445
Activities $ 0 $ 124,993 54,447
4Z1 600-625 HealthCare Compliance $ 0 $ 10,000,000 54,451
5A5 600-685 Unemployment Benefit 54,453
Automation $ 0 $ 6,892,757 54,455
5E3 600-633 EBT Contracted 54,457
Services $ 0 $ 500,000 54,459
5E4 600-615 Private Child Care 54,461
Agencies Training $ 0 $ 10,568 54,463
557 600-684 Apprenticeship 54,465
Council Conference $ 0 $ 15,000 54,467
6A7 600-656 Foundation Grants 54,469
Self-Sufficiency $ 0 $ 63,407 54,471
600 600-603 Third-Party 54,473
Recoveries $ 0 $ 13,000,000 54,475
651 600-649 Hospital Care 54,477
Assurance Program
Fund $ 0 $ 217,740,460 54,479
TOTAL SSR State Special Revenue 54,480
Fund Group $ 0 $ 337,207,388 54,483
Agency Fund Group 54,486
1199
5B6 600-601 Food Stamp Intercept $ 0 $ 5,283,920 54,491
192 600-646 Support Intercept - 54,493
Federal $ 0 $ 70,965,066 54,495
583 600-642 Support 54,497
Intercept-State $ 0 $ 17,175,008 54,499
TOTAL AGY Agency Fund Group $ 0 $ 93,423,994 54,502
Holding Account Redistribution Fund Group 54,505
R12 600-643 Refunds and Audit 54,508
Settlements $ 0 $ 200,000 54,510
R13 600-644 Forgery Collections $ 0 $ 700,000 54,514
TOTAL 090 Holding Account 54,515
Redistribution
Fund Group $ 0 $ 900,000 54,518
TOTAL ALL BUDGET FUND GROUPS $ 0 $10,442,347,266 54,521
Section 58.01. Family Violence Prevention Programs 54,524
The foregoing appropriation item 600-405, Family Violence 54,526
Prevention Programs, may be used to provide grants for county and 54,527
local family violence prevention community education initiatives, 54,528
and to provide funding for domestic violence shelters that the 54,529
Department of Job and Family Services determines are exclusively 54,530
for victims of domestic violence. 54,531
Section 58.02. Health Care/Medicaid 54,533
The foregoing appropriation item 600-525, Health 54,535
Care/Medicaid, shall not be limited by the provisions of section 54,536
131.33 of the Revised Code. 54,537
Section 58.03. Community Based Providers 54,539
From the foregoing appropriation item 600-525, Health 54,541
Care/Medicaid, $90,100,000 in fiscal year 2001 shall be used to 54,542
increase reimbursements in accordance with division (B) of 54,543
section 5111.025 of the Revised Code.
Section 58.04. Disability Assistance 54,545
The following schedule shall be used to determine monthly 54,547
grant levels in the Disability Assistance Program effective July 54,548
1, 1999. 54,549
1200
Persons in 54,551
Assistance Group Monthly Grant 54,552
1 $115 54,555
2 159 54,556
3 193 54,557
4 225 54,558
5 251 54,559
6 281 54,560
7 312 54,561
8 361 54,562
9 394 54,563
10 426 54,564
11 458 54,565
12 490 54,566
13 522 54,567
14 554 54,568
For each additional person add 40 54,571
TANF Federal Funds 54,574
Upon the request of the Department of Job and Family 54,576
Services, the Controlling Board may increase appropriations in 54,577
item 600-411, TANF Federal Block Grant, provided sufficient 54,578
Federal TANF block grant funds exist to do so, without any 54,579
corresponding decrease in other line items. The department shall 54,580
first provide the Office of Budget and Management with 54,581
documentation to support the need for the increased
appropriation.
All transfers of moneys from or charges against TANF 54,583
Federal Block Grant awards for use in the Social Services Block 54,584
Grant or the Child Care Development Block Grant from either 54,585
unobligated prior year appropriation authority in item 400-411, 54,586
or from FY 2001 appropriation authority in item 600-411, that
meet or exceed the Controlling Board thresholds as defined in 54,587
divisions (B)(1) and (2) and (E) of section 127.16 of the Revised 54,588
Code, shall only be done with the approval of the Controlling 54,589
1201
Board except where this act directs otherwise. The Department of 54,590
Job and Family Services shall first provide the Office of Budget 54,591
and Management with documentation to support the need for such 54,592
transfers or charges for use in the Social Services Block Grant 54,593
or in the Child Care Development Block Grant.
Alcohol and Drug Addiction Services Transfer 54,595
No later than July 15, 2000, the Director of Budget and 54,597
Management shall transfer $2,000,000 in appropriation authority 54,598
from appropriation item 600-410, TANF State, to State Special 54,599
Revenue Fund 5B7 appropriation item 038-629, TANF 54,600
Transfer-Treatment, and $271,424 in appropriation authority from 54,602
appropriation item 600-410, TANF State, to State Special Revenue 54,603
Fund 5E8 appropriation item 038-630, TANF Transfer-Mentoring, in
the Department of Alcohol and Drug Addiction Services. Of the 54,605
amounts transferred, $2,000,000 in appropriation authority shall 54,606
be used to provide substance abuse prevention and treatment 54,607
services to children, or their families, whose income is at or 54,608
below 200 per cent of the official income poverty guideline. The 54,609
remaining $271,424 in transferred appropriation authority shall 54,610
be used to fund adolescent youth mentoring programs for children 54,611
or their families whose income is at or below 200 per cent of the 54,612
income official poverty guideline. The Department of Alcohol and 54,613
Drug Addiction Services shall comply with all TANF reporting 54,614
requirements and timelines specified by the Department of Job and 54,615
Family Services.
TANF County Incentives 54,617
Of the foregoing appropriation item 600-411, TANF Federal 54,619
Block Grant, the Department of Job and Family Services may 54,620
provide financial incentives to those county departments of human 54,622
services that have exceeded performance standards adopted by the 54,623
state department, and where the board of county commissioners has 54,624
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 54,625
of the county department. Any financial incentive funds provided 54,626
1202
pursuant to this division shall be used by the county department 54,627
for additional or enhanced services for families eligible for 54,628
assistance under Chapter 5107. or 5108. of the Revised Code or, 54,629
upon request by the county and approval by the Department of Job 54,630
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 54,631
of human services may retain and expend such funds without regard 54,633
to the state or county fiscal year in which the financial 54,634
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 54,635
Job and Family Services providing detailed information on the 54,636
expenditure of these financial incentives and an evaluation of 54,638
the effectiveness of the county department's use of these funds 54,639
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 54,640
TANF Transportation Services 54,642
From the foregoing appropriation items 600-410, TANF State, 54,644
or 600-411, TANF Federal Block Grant, or a combination of both, 54,645
up to $5,000,000 in fiscal year 2001 shall be used to expand the 54,646
accessibility of transportation services for participants in 54,647
programs funded from these appropriation items. 54,648
Hamilton Health Care Center 54,650
In fiscal year 2001, the Director of Job and Family 54,652
Services shall provide $100,000 from appropriation item 600-410, 54,653
TANF State, to the Butler County department of human services for 54,654
the purpose of contracting with the Hamilton Health Care Center 54,655
to provide health care services for children or their families 54,657
who reside in Butler County whose income is at or below 200 per
cent of the official poverty guideline. The Butler county 54,659
department of human services and the Hamilton Health Care Center 54,660
shall agree on reporting requirements that meet all TANF 54,661
reporting requirements and timelines specified by the Department 54,662
of Job and Family Services to be incorporated into the contract. 54,663
As used in this section, "poverty guideline" means the 54,665
1203
official poverty guideline as revised annually by the United 54,666
States Secretary of Health and Human Services in accordance with 54,667
section 673 of the "Community Services Block Grant Act," 95 Stat. 54,668
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 54,670
to the size of the family of the person whose income is being
determined. 54,671
Individual Development Accounts 54,673
From the foregoing appropriation item 600-410, TANF State, 54,675
or 600-411, TANF Federal Block Grant, or a combination of both, 54,676
up to $2,000,000 in fiscal year 2001 shall be used to allow 54,678
county departments of human services to make matching
contributions to Individual Development Accounts that have been 54,679
established by residents of the county. 54,680
Human Services Personal Care Assistance 54,682
In fiscal year 2001, the Director of Job and Family 54,684
Services shall provide $240,000 from appropriation item 600-410, 54,685
TANF State to be divided between the county departments of human 54,686
services of Cuyahoga County and Franklin County to contract with 54,687
the Rehabilitation Services Commission to place up to 25 54,688
TANF-eligible persons into jobs as personal care assistants. The 54,689
county departments of human services in Cuyahoga County and
Franklin County and the Rehabilitation Services Commission shall 54,690
agree on reporting requirements that meet all TANF reporting 54,691
requirements and timelines specified by the Department of Job and 54,692
Family Services to be incorporated into the contract. 54,693
TANF Family Planning 54,695
The Director of Budget and Management shall transfer, no 54,697
later than July 15, 2000, $250,000 in fiscal year 2001 from 54,698
appropriation item 600-410, TANF State, or 600-411, TANF Federal 54,699
Block Grant, or a combination of both, to 440-416, Child and 54,700
Family Health Services to be used for family planning services. 54,701
Ohio Association of Second Harvest Food Banks 54,703
The Department of Job and Family Services may use up to 54,705
$2,500,000 in fiscal year 2001 as provided in section 58.10 of 54,706
1204
this act of the funds transferred from the Temporary Assistance 54,707
to Needy Families Block Grant to the Social Service Block Grant 54,708
to support expenditures to Ohio Association of Second Harvest 54,710
Food Banks pursuant to the following criteria. 54,711
As used in this section, "poverty guideline" means the 54,713
official poverty guideline as revised annually by the United 54,714
States Secretary of Health and Human Services in accordance with 54,715
section 673 of the "Community Services Block Grant Act," 95 Stat. 54,716
511 (1981), 42 U.S.C.A. 9902, as amended for a family size equal 54,718
to the size of the family of the person whose income is being
determined. 54,719
The Department of Job and Family Services shall provide an 54,721
annual grant of $2,500,000 in fiscal year 2001 to the Ohio 54,722
Association of Second Harvest Food Banks. In fiscal year 2001, 54,724
the Ohio Association of Second Harvest Food Banks shall use 54,725
$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 54,726
transport and shall use $1,000,000 for the Agricultural Surplus 54,727
Production Alliance Project. Funds provided for the Ohio Food 54,728
Program shall be used to purchase food products and distribute 54,729
those food products to agencies participating in the emergency
food distribution program. No funds provided through this grant 54,730
may be used for administrative expenses other than funds provided 54,731
for food storage and transport. As soon as possible after 54,732
entering into a grant agreement at the beginning of the fiscal 54,733
year, the Department of Job and Family Services shall distribute 54,734
the grant funds in one single payment. The Ohio Association of
Second Harvest Food Banks shall develop a plan for the 54,735
distribution of the food products to local food distribution 54,737
agencies. Agencies receiving these food products shall ensure
that individuals and families who receive any of the food 54,738
products purchased with these funds have an income at or below 54,739
150 per cent of the poverty guideline. The Department of Job and 54,740
Family Services and the Ohio Association of Second Harvest Food 54,741
1205
Banks shall agree on reporting requirements to be incorporated 54,742
into the grant agreement.
Any fiscal year 2001 funds from this grant remaining 54,744
unspent on June 30, 2001 shall be returned by the Ohio 54,745
Association of Second Harvest Food Banks to the Department of Job 54,746
and Family Services no later than November 1, 2001.
Computer-Related Services 54,748
The Department of Job and Family Services may use up to 54,750
$17,000,000 in state fiscal year 2001 as provided in section 54,751
58.10 of this act of the funds transferred from the Temporary 54,752
Assistance to Needy Families to the Social Services Block Grant 54,753
to support computer-related expenditures for services that 54,755
benefit the County Department of Human Services. 54,756
Additional Maintenance of Effort and Matching Funding for 54,758
the Child Care Development Fund 54,759
The Department of Job and Family Services may use up to 54,761
$14,149,542 as provided in section 58.09 of this act transfer 54,762
sufficient moneys from the Temporary Assistance to Needy Families 54,763
Block Grant to the Social Service Block Grant to support matching 54,764
and maintenance of effort requirements of the Child Care 54,766
Development Fund in order to match all funds for which Ohio is
eligible. 54,767
Additional Funding for the AdoptOhio Program 54,769
The Department of Job and Family Services may use up to 54,771
$2,116,349 in state fiscal year 2001 as provided in section 58.09 54,772
of this act of the funds transferred from the Temporary 54,773
Assistance to Needy Families Block Grant to the Social Service 54,774
Block Grant to support expenditures for AdoptOhio if the existing 54,775
appropriations in 600-527 is not sufficient to support the 54,776
program.
Inner City Youth Opportunities Program 54,778
In fiscal year 2001, the Director of Job and Family 54,780
Services shall provide $75,000 from appropriation item 600-410, 54,781
TANF State, to the Hamilton County department of human services 54,782
1206
to contract with the Inner City Youth Opportunities organization 54,783
of Cincinnati for the purpose of providing allowable services to 54,784
TANF-eligible individuals. The Hamilton County department of 54,785
human services and Inner City Youth Opportunities shall agree on 54,786
reporting requirements that meet all TANF reporting requirements 54,787
and timelines specified by the Department of Job and Family 54,788
Services to be incorporated into the contract. 54,789
TANF Fatherhood Programs 54,791
From the foregoing appropriation item 600-411, TANF Federal 54,793
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 54,794
to support local fatherhood programs. Of the foregoing 54,795
$5,000,000, $300,000 in fiscal year 2001 shall be used to operate 54,796
a Fatherhood Commission. Of the foregoing $5,000,000, $310,000 54,797
in fiscal year 2001 shall be provided to the Cuyahoga County 54,798
Department of Human Services to contract with the Center for 54,799
Families and Children for the purpose of providing allowable 54,800
services to TANF-eligible individuals. The Cuyahoga County 54,801
Department of Human Services and the Center for Families and
Children shall agree on reporting requirements to be incorporated 54,802
into the contract. 54,803
TANF Adult Literacy and Child Reading Programs 54,805
From the foregoing appropriation item 600-411, TANF Federal 54,807
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 54,808
to support local adult literacy and child reading programs. 54,809
Cincinnati YWCA GED and Child Care Program 54,811
In fiscal year 2001, the Director of Job and Family 54,813
Services shall provide $65,000 from appropriation item 400-410, 54,814
TANF State, to the Hamilton County department of human services 54,815
to contract with the YWCA of Greater Cincinnati for the purpose 54,816
of providing a General Educational Development (GED) program to 54,817
TANF-eligible individuals, and child care to individuals enrolled 54,818
in the GED program. The Hamilton County department of human 54,819
services and the YWCA of Greater Cincinnati shall agree on 54,820
reporting requirements that meet all TANF reporting requirements 54,821
1207
and timelines specified by the Department of Job and Family 54,822
Services to be incorporated into the contract. 54,823
Child Nutrition Services 54,825
The Department of Job and Family Services shall use up to 54,827
$2,500,000 in fiscal year 2001 as provided in section 58.09 of 54,828
this act 2000 of the funds transferred from the Temporary 54,830
Assistance to Needy Families Block Grant to the Social Services 54,831
Block Grant to support Child Nutrition Services in the Department 54,832
of Education. As soon as possible after the effective date of 54,833
this section, the Department of Job and Family Services shall
enter into an interagency agreement with the Department of 54,834
Education to reimburse the 19 pilot programs that provide 54,835
nutritional evening meals to adolescents aged 13 through 18 54,836
participating in educational or enrichment activities at youth 54,837
development centers. Such funds shall not be used as matching 54,838
funds. Eligibility and reporting guidelines shall be detailed in 54,839
the interagency agreement. 54,840
The Director of Budget and Management shall increase the 54,842
appropriation item authority by $2,500,000 for State Special 54,843
Revenue Fund, 5B1, Child Nutrition Services, in the Department of 54,844
Education. 54,845
Single Allocation for County Departments of Human Services 54,847
Using the foregoing appropriation items 600-504, Non-TANF 54,849
County Administration; 600-610, Food Stamps and State 54,850
Administration; 600-410, TANF State; 600-411, TANF Federal Block 54,852
Grant; 600-620, Social Services Block Grant; 600-552, County 54,853
Social Services; 600-413, Day Care Match/Maintenance of Effort; 54,854
600-617, Day Care Federal; 600-534, Adult Protective Services; 54,855
and 600-614, Refugees Services, the Department of Job and Family 54,856
Services may establish a single allocation for county departments 54,857
of human services that are subject to a partnership agreement 54,858
between a board of county commissioners and the department. The 54,859
county department is not required to use all the money from one 54,860
or more of the foregoing appropriation items listed in this 54,861
1208
paragraph for the purpose the specific appropriation item is made 54,862
so long as the county department uses the money for a purpose at 54,863
least one of the other of those foregoing appropriation items is 54,864
made. The county department may not use the money in the 54,865
allocation for a purpose other than a purpose any of those 54,866
foregoing appropriation items are made. If the spending 54,867
estimates used in establishing the single allocation are not 54,868
realized and the county department uses money in one or more of 54,869
those foregoing appropriation items in a manner for which federal 54,870
financial participation is not available, the department shall 54,871
use state funds available in one or more of those foregoing 54,872
appropriation items to ensure that the county department receives 54,873
the full amount of its allocation. The single allocation is the 54,874
maximum amount the county department shall receive from those 54,875
foregoing appropriation items. 54,876
Reports on Interagency Transfers 54,878
With regard to the foregoing appropriation item 600-655, 54,880
Interagency Reimbursement, the Department of Job and Family 54,881
Services shall provide the Legislative Budget Office of the 54,882
Legislative Service Commission with a report each month that 54,884
details interagency transfers through the appropriation item.
The reports shall break down transfers by agency and 54,885
appropriation item to which transfers are made. Transfers shall 54,886
further be broken down by source of federal funds, including 54,887
federal program number (as shown in the Catalog of Federal 54,888
Domestic Assistance), grant number, and department reporting 54,889
category number. In addition, transfers of Medicaid dollars 54,890
shall be grouped between reimbursement for services and 54,891
administrative costs. Reports shall be provided to the 54,892
Legislative Budget Office of the Legislative Service Commission 54,893
within two weeks after the end of the month.
Section 58.05. Hospital Care Assurance Assessment Match 54,895
Fund
Appropriation item 600-650, Hospital Care Assurance 54,897
1209
Assessment Match, shall be used by the Department of Job and 54,898
Family Services to receive and distribute funds in connection 54,899
with the Hospital Care Assurance Program. 54,900
Section 58.06. Transfer of Funds 54,902
The Ohio Department of Job and Family Services shall 54,904
transfer through intrastate transfer vouchers, cash from State 54,905
Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, 54,907
Home and Community-Based Services, in the Ohio Department of 54,908
Mental Retardation and Developmental Disabilities. The sum of 54,909
the transfers shall be equal to the amounts appropriated in 54,910
fiscal year 2001 in appropriation item 322-604, Waiver - Match. 54,911
The transfer may occur on a quarterly basis or on a schedule 54,912
developed and agreed to by both departments. 54,913
The Ohio Department of Job and Family Services shall 54,915
transfer, through intrastate transfer vouchers, cash from the 54,916
State Special Revenue Fund 4J5, Home and Community-Based Services 54,917
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 54,918
Aging. The sum of the transfers shall be equal to the amount 54,919
appropriated in fiscal year 2001 in appropriation item 490-610, 54,920
PASSPORT/Residential State Supplement. The transfer may occur on 54,921
a quarterly basis or on a schedule developed and agreed to by 54,922
both departments.
Transfers of IMD/DSH Cash 54,924
The Department of Job and Family Services shall transfer, 54,926
through intrastate transfer voucher, cash from fund 5C9, Medicaid 54,928
Program Support, to the Department of Mental Health's Fund 4X5, 54,929
OhioCare, in accordance with an interagency agreement which 54,930
delegates authority from the Department of Job and Family 54,931
Services to the Department of Mental Health to administer
specified Medicaid services. 54,932
The Director of Budget and Management shall transfer cash 54,934
from the Department of Job and Family Services, fund 5C9, 54,935
Medicaid Program Support, in the amount of $2,000,000 in fiscal 54,936
year 2001 to the Department of Health's Health Services Fund, 54,937
1210
Fund 5E1.
Transfer from the Children's Trust Fund to the Wellness 54,939
Block Grant Fund
The Director of Budget and Management shall transfer 54,941
$1,000,000 in fiscal year 2001 from Fund 198, Children's Trust 54,943
Fund, to Fund 4N7, Wellness Block Grant, within the Department of 54,944
Job and Family Services' budget.
Foster Care Liability Coverage 54,946
On behalf of public children services agencies, private 54,948
child placing agencies, private non-custodial agencies and in 54,949
consultation with the Department of Insurance and the Office of 54,950
State Purchasing, the Department of Job and Family Services may 54,951
seek and accept proposals for a uniform and statewide insurance 54,952
policy to indemnify foster parents for personal injury and
property damage suffered by them due to the care of a foster 54,954
child. Premiums for such a policy shall be the sole 54,955
responsibility of each public children services agency, private 54,956
child placing agency and private noncustodial agency that agrees 54,957
to purchase the insurance policy.
Protective Services Incentive Funding 54,959
Notwithstanding the formula in section 5101.14 of the 54,961
Revised Code, from the foregoing appropriation item 600-527, 54,962
Child Protective Services, the Department of Job and Family 54,964
Services may use no more than $2,500,000 in fiscal year 2001 as 54,965
incentive funding for public children services agencies to 54,966
promote innovative practice standards and efficiencies in service 54,967
delivery to and assist public children service agencies in 54,968
complying with federal reporting requirements. Of this amount, 54,969
public children services agencies may use $125,000 to pursue
accreditation by the Child Welfare League of America. The 54,971
Department of Human Services shall develop a process for the 54,972
release of these funds and may adopt rules in accordance with 54,973
section 111.15 of the Revised Code governing the distribution,
release, and use of these funds. 54,974
1211
Statewide Automated Child Welfare Information System 54,976
Of the foregoing appropriation item 600-416, Computer 54,978
Projects, in fiscal year 2001, $10,000,000 shall be used for the 54,979
development and implementation of the Statewide Automated Child 54,980
Welfare Information System (SACWIS). 54,981
Day Care/Head Start Collaborations 54,983
The Department of Job and Family Services and the county 54,985
departments of human services shall work to develop collaborative 54,986
efforts between Head Start and child care providers. The 54,987
Department of Job and Family Services may use the foregoing 54,988
appropriation items 600-413, Day Care Match/Maintenance of 54,989
Effort, and 600-617, Day Care Federal, to support collaborative 54,990
efforts between Head Start and child day-care centers. 54,991
Four C's Comprehensive Community Child Care Program 54,993
From the foregoing appropriation item 600-617, Day Care 54,995
Federal, in fiscal year 2001, the Director of Job and Family 54,996
Services shall provide $25,000 from child care funds to the 54,997
Hamilton County Department of Human Services to contract with the 54,998
Four C's Comprehensive Community Child Care for quality 54,999
activities allowable under the Child Care Development Block
Grant. The Hamilton County Department of Human Services and Four 55,000
C's shall agree on reporting requirements to be incorporated into 55,001
the contract.
Adoption Assistance 55,003
Of the foregoing appropriation item 600-528, State Adoption 55,006
Services, at least $3,700,000 in fiscal year 2001 shall be used 55,007
in support of post finalization adoption services offered
pursuant to section 5153.163 of the Revised Code. The Department 55,009
of Job and Family Services shall adopt rules and procedures
pursuant to section 111.15 of the Revised Code to set payment 55,010
levels and limit eligibility for post finalization adoption 55,011
services as necessary to limit program expenditures to the 55,012
amounts set forth in this section, based on factors including, 55,013
but not limited to, any or all of the following: type, or 55,014
1212
extent, of the adopted child's disability or special need; and 55,015
resources available to the adoptive family to meet the child's 55,017
service needs.
Adoption Connection of Cincinnati 55,019
Of the foregoing appropriation item 600-528, Adoption 55,021
Services, $42,000 is earmarked in fiscal year 2000 to support the 55,022
Adoption Connection of Cincinnati. 55,023
Child Support Collections/TANF MOE 55,025
The foregoing appropriation item 600-658, Child Support 55,027
Collections, shall be used by the Department of Job and Family 55,028
Services to meet the TANF maintenance of effort requirements of 55,029
Pub. L. No. 104-193. After the state has met the maintenance of 55,031
effort requirement, the Department of Job and Family Services may 55,032
use funds from appropriation item 600-658 to support public
assistance activities. 55,033
Private Child Care Agencies Training 55,035
The foregoing appropriation item 600-615, Private Child 55,037
Care Agencies Training, shall be used by the Department of Job 55,038
and Family Services to provide the state match for federal Title 55,039
IV-E training dollars for private child placing agencies and 55,040
private noncustodial agencies. Revenues shall consist of moneys 55,041
derived from fees established under section 5101.143 of the 55,043
Revised Code and paid by private child placing agencies and 55,044
private noncustodial agencies.
Child Care Quality Improvement 55,046
The Department of Job and Family Services shall make 55,048
available to county departments of human services an amount to 55,050
fund the improvement of the quality of publicly funded child care 55,051
and access to publicly funded child care, including, but not 55,052
limited to, recruitment, training, mentoring, and oversight of 55,053
child care providers or in-home providers. 55,054
Transfer for Lead Assessments 55,056
Of the foregoing appropriation item 600-525, Health 55,058
Care/Medicaid, the Department of Job and Family Services may 55,059
1213
transfer funds from the General Revenue Fund to the General 55,060
Operations Fund (Fund 142) of the Department of Health. Transfer 55,061
of the funds shall be made through intrastate transfer voucher 55,062
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 55,063
Medicaid Healthcheck recipients. 55,064
Medicaid Program Support Fund - State 55,066
The foregoing appropriation item 600-671, Medicaid Program 55,068
Support, shall be used by the Department of Job and Family 55,069
Services to pay for Medicaid services and contracts. 55,070
Holding Account Redistribution Group 55,072
The foregoing appropriation items 600-643 and 600-644, 55,074
Holding Account Redistribution Fund Group, shall be used to hold 55,075
revenues until they are directed to the appropriate accounts or 55,076
until they are refunded. If it is determined that additional 55,077
appropriation authority is necessary, such amounts are hereby 55,078
appropriated.
Agency Fund Group 55,080
The Agency Fund Group shall be used to hold revenues until 55,083
the appropriate fund is determined or until they are directed to 55,084
the appropriate governmental agency other than the Department of 55,085
Job and Family Services. If it is determined that additional 55,087
appropriation authority is necessary, such amounts are hereby
appropriated. 55,088
Federal Special Revenue Fund Group 55,090
The foregoing appropriation items that appear in the 55,092
Department of Human Service's Federal Special Revenue Fund Group 55,093
shall be used to collect revenue from various sources and use the 55,094
revenue to support programs administered by the Department of 55,095
Human Services. If it is determined that additional
appropriation authority is necessary, the department shall notify 55,096
the Director of Budget and Management on forms prescribed by the 55,097
Controlling Board. If the Director agrees that the additional 55,098
appropriation authority is necessary in order to perform the 55,099
1214
functions allowable in the appropriation item then such amounts 55,100
are hereby appropriated. The Director shall notify the
Controlling Board at their next regularly scheduled meeting as to 55,101
the action taken.
Section 58.07. Adoptive Placement Payments 55,103
The foregoing appropriation item 600-427, Child & Family 55,105
Services Activities, may be used to make payments pursuant to 55,106
agreements entered into under section 5103.12 of the Revised 55,107
Code. 55,108
Consolidation of State Grants 55,110
With the consent of a county, the Department of Job and 55,112
Family Services may combine into a single and consolidated grant 55,113
of state aid, funds that would otherwise be provided to that 55,114
county pursuant to the operation of section 5101.14 of the 55,115
Revised Code and other funds that would otherwise be provided to 55,116
that county for the purpose of providing kinship care. In fiscal 55,117
year 2001, the grant shall also include unspent funds remaining 55,118
from any grant provided to the county under this section in 55,119
fiscal year 2000.
Funds contained in any such consolidation grant shall not 55,121
be subject to either statutory or administrative rules which 55,122
would otherwise govern allowable uses from such funds, except 55,123
that such funds shall continue to be used by the county to meet 55,124
the expenses of its children services program. Funds contained 55,125
in any consolidation grant shall be paid to each county within 55,126
thirty days after the beginning of each calendar quarter. Funds 55,127
provided to a county under this section shall be deposited in the 55,129
children services fund, established in section 5101.143 of the 55,130
Revised Code, and shall be used for no other purpose than to meet 55,131
the expenses of the children services program. Within ninety 55,132
days after the end of fiscal year 2001, each county shall return 55,133
to the Department of Job and Family Services any unspent balance
in the consolidated grant, unless this section is renewed for a 55,134
subsequent period of time. 55,135
1215
Section 58.08. Administration Support Services 55,137
The Department of Job and Family Services may assess 55,139
programs of the department for the cost of administration, 55,140
support, and technical services. Such an assessment shall be 55,141
based upon a plan submitted to and approved by the Office of 55,142
Budget and Management by the first day of August of each fiscal
year and shall contain the characteristics of administrative ease 55,143
and uniform application. A program's payments shall be 55,144
transferred via intrastate transfer voucher to the Unemployment 55,145
Compensation Administration Fund (Fund 331). 55,146
Employer Surcharge 55,148
The surcharge and the interest on the surcharge amounts due 55,150
for calendar years 1988, 1989, and 1990 as required by Am. Sub. 55,151
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the 55,152
118th General Assembly, and section 4141.251 of the Revised Code 55,153
as it existed prior to Sub. H.B. 478 of the 122nd General 55,154
Assembly, again shall be assessed and collected by, accounted 55,155
for, and made available to the Department of Job and Family 55,156
Services in the same manner as set forth in section 4141.251 of 55,157
the Revised Code as it existed prior to Sub. H.B. 478 of the 55,158
122nd General Assembly, notwithstanding the repeal of the
surcharge for calendar years after 1990, pursuant to Sub. H.B. 55,159
478 of the 122nd General Assembly. 55,160
Section 58.09. Medicaid Program Support Fund 5C9. 55,162
Prior to September 30, 2000, the Department of Job and 55,164
Family Services shall file claims for reimbursement for all 55,165
allowable expenditures for services provided by the Department of 55,166
Human Services, the Department of Job and Family Services, or 55,167
other agencies, which may qualify for Social Services Block Grant 55,168
funding pursuant to Title XX of the federal Social Security Act. 55,169
During fiscal year 2001, the Department of Job and Family 55,170
Services is authorized to deposit into the Medicaid Program 55,171
Support Fund (Fund 5C9), receipts from TANF Block Grant funds 55,172
credited to the Social Services Block Grant. Upon verification of 55,173
1216
the deposit to Fund 5C9, the Director of Budget and Management 55,174
shall transfer the cash receipts received under this section to 55,175
the General Revenue Fund. The Director shall increase the General 55,176
Revenue Fund appropriation line items, or establish the General 55,177
Revenue Fund line items, from which the funds are to be 55,178
disbursed, for the following purposes and by the following 55,179
amounts and by any associated increase in federal funds: 55,180
Second Harvest Food Bank $2,500,000 55,183
Computer Projects $17,000,000 55,186
Audits $1,000,000 55,189
AdoptOhio $2,116,349 55,192
Child Nutrition Services $2,500,000 55,195
Child Care Match Up to $14,149,542 55,198
Parents Health Insurance $9,425,966 55,201
OBES/ODHS Merger Costs Up to $2,000,000 55,204
Total $50,691,857 55,207
The Director of Budget and Management shall determine if 55,210
sufficient cash receipts are available to cover the purposes 55,211
stated in this section. If cash receipts are not sufficient to 55,212
cover the purposes stated in this section, the Director of Budget 55,213
and Management shall determine the amounts that will be disbursed 55,214
for the purposes stated above.
Section 59. JCO JUDICIAL CONFERENCE OF OHIO 55,216
General Revenue Fund 55,218
GRF 018-321 Operating Expenses $ 1,020,000 $ 1,080,000 55,223
TOTAL GRF General Revenue Fund $ 1,020,000 $ 1,080,000 55,226
General Services Fund Group 55,229
403 018-601 Ohio Jury 55,232
Instructions $ 180,000 $ 180,000 55,234
TOTAL GSF General Services 55,235
Fund Group $ 180,000 $ 180,000 55,238
TOTAL ALL BUDGET FUND GROUPS $ 1,200,000 $ 1,260,000 55,241
Ohio Jury Instructions Fund 55,244
The Ohio Jury Instructions Fund (Fund 403) shall consist of 55,246
1217
grants, royalties, dues, conference fees, bequests, devises, and 55,247
other gifts received for the purpose of supporting costs incurred 55,248
by the Judicial Conference of Ohio in dispensing education and 55,249
informational data to the state's judicial system. Fund 403 55,251
shall be used by the Judicial Conference of Ohio to pay expenses 55,252
incurred in dispensing educational and informational data to the 55,253
state's judicial system. All moneys accruing to Fund 403 in 55,254
excess of $180,000 in fiscal year 2000 and in excess of $180,000 55,255
in fiscal year 2001 are hereby appropriated for the purposes 55,256
authorized.
No money in the Ohio Jury Instructions Fund shall be 55,258
transferred to any other fund by the Director of Budget and 55,259
Management or the Controlling Board. 55,260
Section 60. JSC THE JUDICIARY/SUPREME COURT 55,262
General Revenue Fund 55,264
GRF 005-321 Operating Expenses - 55,266
Judiciary $ 84,146,536 $ 85,597,403 55,268
GRF 005-401 State Criminal 55,270
Sentencing Council $ 363,182 $ 363,568 55,272
GRF 005-402 Task Force on Family 55,274
Law and Children $ 100,000 $ 100,000 55,276
GRF 010-321 Operating Expenses - 55,278
Supreme Court $ 9,342,738 $ 9,377,229 55,280
GRF 010-401 Law-Related Education $ 197,163 $ 203,077 55,284
TOTAL GRF General Revenue Fund $ 94,149,619 $ 95,641,277 55,287
General Services Fund Group 55,289
6A2 005-602 Dispute Resolution $ 36,050 $ 37,132 55,294
672 005-601 Continuing Judicial 55,296
Education $ 231,750 $ 238,703 55,298
TOTAL GSF General Services 55,299
Fund Group $ 267,800 $ 275,835 55,302
State Special Revenue Fund Group 55,305
4C8 010-603 Attorney Registration $ 1,745,355 $ 1,735,424 55,310
1218
6A8 010-602 Supreme Court 55,312
Admissions $ 812,601 $ 821,061 55,314
643 010-601 Commission on 55,316
Continuing Legal
Education $ 250,000 $ 239,999 55,318
TOTAL SSR State Special Revenue 55,319
Fund Group $ 2,807,956 $ 2,796,484 55,322
Federal Special Revenue Fund Group 55,324
3J0 005-603 Federal Grants $ 781,468 $ 816,405 55,329
TOTAL FED Federal Special 55,330
Revenue Fund Group $ 781,468 $ 816,405 55,333
TOTAL ALL BUDGET FUND GROUPS $ 98,006,843 $ 99,530,001 55,339
Law-Related Education 55,342
The foregoing appropriation item 010-401, Law-Related 55,344
Education, shall be distributed directly to the Ohio Center for 55,345
Law-Related Education for the purposes of providing continuing 55,346
citizenship education activities to primary and secondary 55,347
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 55,348
private money for new programs. 55,350
Dispute Resolution 55,352
The Dispute Resolution Fund (Fund 6A2) shall consist of 55,354
grants and other moneys awarded to promote alternative dispute 55,355
resolution in the Ohio courts and deposited into the Dispute 55,356
Resolution Fund pursuant to the Rules for the Government of the 55,357
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 55,358
Resolution, shall promote alternative dispute resolution programs 55,359
in the Ohio courts and be used for the education of judges, 55,360
attorneys, and other court personnel in dispute resolution 55,361
concepts. If it is determined by the Administrative Director of 55,362
the Supreme Court that additional appropriations are necessary, 55,363
the amounts are hereby appropriated. 55,364
No money in the Dispute Resolution Fund shall be 55,366
transferred to any other fund by the Director of Budget and 55,367
1219
Management or the Controlling Board. Interest earned on moneys 55,368
in the Dispute Resolution Fund shall be credited to the fund. 55,369
Continuing Judicial Education 55,371
The Continuing Judicial Education Fund (Fund 672) shall 55,373
consist of fees paid by judges and court personnel for attending 55,375
continuing education courses and other gifts and grants received 55,377
for the purpose of continuing judicial education. The foregoing 55,378
appropriation item 005-601, Continuing Judicial Education, shall 55,379
be used to pay expenses for continuing education courses for 55,380
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional 55,381
appropriations are necessary, the amounts are hereby 55,382
appropriated.
No money in the Continuing Judicial Education Fund shall be 55,384
transferred to any other fund by the Director of Budget and 55,385
Management or the Controlling Board. Interest earned on moneys 55,386
in the Continuing Judicial Education Fund shall be credited to 55,387
the fund. 55,388
Attorney Registration 55,390
In addition to funding other activities considered 55,392
appropriate by the Supreme Court, the foregoing appropriation 55,393
item 010-603, Attorney Registration, may be used to compensate 55,394
employees and fund the appropriate activities of the following 55,395
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 55,396
Disciplinary Counsel, the Board of Commissioners on Grievances 55,397
and Discipline, the Clients' Security Fund, the Board of 55,398
Commissioners on the Unauthorized Practice of Law, and the Office 55,399
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 55,400
appropriations are necessary, the amounts are hereby 55,401
appropriated.
No moneys in the Attorney Registration Fund shall be 55,403
transferred to any other fund by the Director of Budget and 55,404
1220
Management or the Controlling Board. Interest earned on moneys 55,405
in the Attorney Registration Fund shall be credited to the fund. 55,406
Supreme Court Admissions 55,408
The foregoing appropriation item 010-602, Supreme Court 55,410
Admissions, shall be used to compensate Supreme Court employees 55,411
who are primarily responsible for administering the attorney 55,412
admissions program, pursuant to the Rules for the Government of 55,413
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the 55,414
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 55,415
Court Rules for the Government of the Bar of Ohio. If it is 55,416
determined by the Administrative Director of the Supreme Court 55,417
that additional appropriations are necessary, the amounts are 55,418
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 55,420
transferred to any other fund by the Director of Budget and 55,421
Management or the Controlling Board. Interest earned on moneys 55,422
in the Supreme Court Admissions Fund shall be credited to the 55,423
fund.
Continuing Legal Education 55,425
The foregoing appropriation item 010-601, Commission on 55,427
Continuing Legal Education, shall be used to compensate employees 55,428
of the Commission on Continuing Legal Education, established 55,429
pursuant to the Supreme Court Rules for the Government of the Bar 55,430
of Ohio, and to fund other activities of the commission 55,431
considered appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional 55,432
appropriations are necessary, the amounts are hereby 55,433
appropriated.
No moneys in the Continuing Legal Education Fund shall be 55,435
transferred to any other fund by the Director of Budget and 55,436
Management or the Controlling Board. Interest earned on moneys 55,437
in the Continuing Legal Education Fund shall be credited to the 55,438
fund.
1221
Federal Miscellaneous 55,440
The Federal Miscellaneous Fund (3J0) shall consist of 55,442
grants and other moneys awarded to the Supreme Court of Ohio (The 55,443
Judiciary) by the United States Government, the State Justice 55,444
Institute, or other entities that receive the moneys directly 55,445
from the United States Government or the State Justice Institute 55,446
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 55,447
Grants, shall be used in a manner consistent with the purpose of 55,448
the grant or award. If it is determined by the Administrative 55,449
Director of the Supreme Court that additional appropriations are 55,450
necessary, the amounts are hereby appropriated.
No money in the Federal Miscellaneous Fund shall be 55,452
transferred to any other fund by the Director of Budget and 55,453
Management or the Controlling Board. However, interest earned on 55,454
moneys in the Federal Miscellaneous Fund on or after July 1, 55,455
1995, shall be credited or transferred to the General Revenue
Fund. 55,456
Section 61. LEC LAKE ERIE COMMISSION 55,458
State Special Revenue Fund Group 55,460
4C0 780-601 Lake Erie Protection 55,463
Fund $ 998,400 $ 1,022,362 55,465
5D8 780-602 Lake Erie Resources 55,467
Fund $ 588,759 $ 602,889 55,469
TOTAL SSR State Special Revenue 55,470
Fund Group $ 1,587,159 $ 1,625,251 55,473
TOTAL ALL BUDGET FUND GROUPS $ 1,587,159 $ 1,625,251 55,476
Cash Transfer 55,479
Not later than September 30 of each fiscal year, the 55,481
executive director of the Lake Erie Commission, with the approval 55,482
of the Commission, shall certify to the Director of Budget and 55,484
Management the cash balance in the Lake Erie Resources Fund (Fund 55,485
5D8) and may request to transfer cash balances in excess of
amounts needed to meet operating expenses from Fund 5D8 to the 55,486
1222
Lake Erie Protection Fund (Fund 4C0). Cash transferred shall be 55,487
used for the purposes described in division (A) of section 55,488
1506.23 of the Revised Code. Additional appropriation authority 55,489
in the amount of the cash transfer is hereby appropriated. 55,490
Section 62. LRS LEGAL RIGHTS SERVICE 55,492
General Revenue Fund 55,494
GRF 054-100 Personal Services $ 331,826 $ 327,673 55,499
GRF 054-200 Maintenance $ 48,998 $ 50,174 55,503
GRF 054-300 Equipment $ 2,680 $ 2,744 55,507
GRF 054-401 Ombudsman $ 382,659 $ 379,363 55,511
TOTAL GRF General Revenue Fund $ 766,163 $ 759,954 55,514
General Services Fund Group 55,517
416 054-601 Gifts and Donations $ 1,256 $ 1,291 55,522
TOTAL GSF General Services 55,523
Fund Group $ 1,256 $ 1,291 55,526
Federal Special Revenue Fund Group 55,529
3B8 054-603 Protection and 55,532
Advocacy - Mentally
Ill $ 706,422 $ 706,422 55,534
3N3 054-606 Protection and 55,536
Advocacy - Individual
Rights $ 334,739 $ 334,739 55,538
3N9 054-607 Assistive Technology $ 83,000 $ 83,000 55,542
3R9 054-604 Family Support 55,544
Collaborative $ 200,000 $ 200,000 55,546
3T2 054-609 Client Assistance 55,548
Program $ 380,000 $ 380,000 55,550
305 054-602 Protection and 55,552
Advocacy -
Developmentally
Disabled $ 1,059,481 $ 1,059,481 55,554
TOTAL FED Federal Special Revenue 55,555
Fund Group $ 2,763,642 $ 2,763,642 55,558
TOTAL ALL BUDGET FUND GROUPS $ 3,531,061 $ 3,524,887 55,561
1223
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 55,564
General Revenue Fund 55,566
GRF 028-321 Legislative Ethics 55,569
Committee $ 551,500 $ 569,400 55,571
TOTAL GRF General Revenue Fund $ 551,500 $ 569,400 55,574
State Special Revenue Fund Group 55,577
4G7 028-601 Joint Legislative 55,580
Ethics Committee $ 60,000 $ 50,000 55,582
TOTAL SSR State Special Revenue $ 60,000 $ 50,000 55,585
Fund
TOTAL ALL BUDGET FUND GROUPS $ 611,500 $ 619,400 55,588
Section 64. LSC LEGISLATIVE SERVICE COMMISSION 55,591
General Revenue Fund 55,593
GRF 035-321 Operating Expenses $ 8,776,725 $ 9,060,000 55,598
GRF 035-402 Legislative Interns $ 840,000 $ 890,000 55,602
GRF 035-403 Legislative Budget 55,604
Office $ 2,841,000 $ 2,987,000 55,606
GRF 035-404 Legislative Office of 55,608
Education Oversight $ 1,191,995 $ 1,157,423 55,610
GRF 035-405 Correctional 55,612
Institution
Inspection Committee $ 505,000 $ 525,000 55,614
GRF 035-406 ATMS Replacement 55,616
Project $ 90,000 $ 90,000 55,618
GRF 035-407 Legislative Task 55,620
Force on
Redistricting $ 2,400,000 $ 2,100,000 55,622
GRF 035-409 National Associations $ 392,674 $ 405,717 55,626
GRF 035-410 Legislative 55,628
Information Systems $ 5,260,000 $ 4,265,000 55,630
TOTAL GRF General Revenue Fund $ 22,297,394 $ 21,480,140 55,633
General Services Fund Group 55,636
4F6 035-603 Legislative Budget 55,639
Services $ 140,000 $ 144,000 55,641
1224
410 035-601 Sale of Publications $ 25,000 $ 25,000 55,645
TOTAL GSF General Services 55,646
Fund Group $ 165,000 $ 169,000 55,649
TOTAL ALL BUDGET FUND GROUPS $ 22,462,394 $ 21,649,140 55,652
Operating Expenses 55,655
Of the foregoing appropriation item 035-321, Operating 55,657
Expenses, $350,000 in fiscal year 2000 and $175,000 in fiscal 55,658
year 2001 shall be used to pay for equipment for the electronic 55,659
filing of rules and related documents.
Of the foregoing appropriation item 035-321, Operating 55,661
Expenses, up to $10,000 in each fiscal year may be used to 55,662
contract with a non-profit assistive technology organization for 55,663
the purpose of providing public documents produced by or for the 55,664
General Assembly in alternative formats when feasible. 55,665
On or before July 15, 1999, the Director of Budget and 55,667
Management shall determine and certify to the Director of the 55,668
Legislative Service Commission the total amount of unexpended, 55,669
unobligated appropriations made to the commission for fiscal year 55,670
1999 in appropriation items 035-321, 035-402, 035-403, 035-404, 55,671
035-405, 035-406, 035-407, 035-409, 035-410, and 035-412. 55,672
Additional appropriation authority equal to the amount certified
is hereby appropriated to appropriation item 035-321, Operating 55,673
Expenses, for fiscal year 2000. 55,674
ATMS Replacement Project 55,676
Of the foregoing appropriation item 035-406, ATMS 55,678
Replacement Project, any amounts not used for the ATMS project 55,679
may be used to pay the operating expenses of the Legislative 55,680
Service Commission. 55,681
Legislative Task Force on Redistricting 55,683
Of the foregoing appropriation item 035-407, Legislative 55,685
Task Force on Redistricting, $400,000 in fiscal year 2000 and 55,686
$100,000 in fiscal year 2001 shall be used to assist county 55,687
boards of elections to comply with the requirement of using 55,688
census bureau geography to determine precinct boundaries. Upon 55,689
1225
written request from the Secretary of State, the Director of the
Legislative Service Commission shall transfer $400,000 in fiscal 55,690
year 2000 and $100,000 in fiscal year 2001 to the Secretary of 55,691
State. Transfer shall be made through intrastate voucher. The 55,692
Secretary of State shall expend the transferred funds in 55,693
accordance with the requirements of this section.
National Associations 55,695
Of the foregoing appropriation item 035-409, National 55,697
Associations, $8,000 in each fiscal year shall be used for the 55,699
State and Local Legal Center.
Legislative Office of Education Oversight 55,701
The foregoing appropriation item 035-404, Legislative 55,703
Office of Education Oversight, shall be used to support the 55,704
legislative oversight activities of the Legislative Committee on 55,705
Education Oversight established in section 3301.68 of the Revised 55,706
Code. 55,707
Section 103.141 Report 55,709
Notwithstanding section 103.141 of the Revised Code, the 55,712
Legislative Budget Office of the Legislative Service Commission
may submit the estimates required by that section for calendar 55,713
years 1996 and 1997 in October 2000. 55,714
LBO Child Care Study 55,716
The Legislative Budget Office of the Legislative Service 55,718
Commission (LBO) shall undertake a study of publicly funded child 55,719
care payment procedures and make recommendations regarding the 55,720
feasibility and the potential for development of a cost-based 55,721
prospective payment system. Any prospective payment system 55,722
should provide for predictability and stability of payment and
should take into consideration facility costs and training costs. 55,723
LBO shall report its findings to the Speaker and Minority Leader 55,724
of the House of Representatives, President and Minority Leader of 55,725
the Senate, and the Governor no later than July 1, 2000. 55,726
Section 65. LIB STATE LIBRARY BOARD 55,728
General Revenue Fund 55,730
1226
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 55,735
GRF 350-200 Maintenance $ 2,167,742 $ 1,852,248 55,739
GRF 350-300 Equipment $ 1,966,322 $ 579,914 55,743
GRF 350-400 Ohio Public Library 55,745
Information Network $ 5,712,486 $ 5,854,002 55,747
GRF 350-501 Cincinnati Public 55,749
Library $ 751,887 $ 769,932 55,751
GRF 350-502 Regional Library 55,753
Systems $ 1,871,151 $ 1,926,769 55,755
GRF 350-503 Cleveland Public 55,757
Library $ 1,140,923 $ 1,164,705 55,758
GRF 350-505 Netwellness $ 750,000 $ 750,000 55,762
TOTAL GRF General Revenue Fund $ 19,689,950 $ 18,168,528 55,765
General Services Fund Group 55,768
139 350-602 Intra-Agency Service 55,771
Charges $ 28,123 $ 28,911 55,773
459 350-602 Interlibrary Service 55,775
Charges $ 774,564 $ 781,280 55,777
TOTAL GSF General Services 55,778
Fund Group $ 802,687 $ 810,191 55,781
Federal Special Revenue Fund Group 55,784
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 55,789
TOTAL FED Federal Special Revenue 55,790
Fund Group $ 5,163,542 $ 5,163,542 55,793
TOTAL ALL BUDGET FUND GROUPS $ 25,656,179 $ 24,142,261 55,796
Maintenance 55,799
Of the foregoing appropriation item, 350-200, Maintenance, 55,801
$400,000 in fiscal year 2000 shall be used to fund the relocation 55,802
of the State Library from the State Departments Building. 55,803
Equipment 55,805
Of the foregoing appropriation item, 350-300, Equipment, 55,807
$1,400,000 in fiscal year 2000 shall be used to fund the 55,808
relocation of the State Library from the State Departments 55,809
Building.
1227
Ohio Public Library Information Network 55,811
The foregoing appropriation item 350-400, Ohio Public 55,813
Library Information Network, shall be used for an information 55,814
telecommunications network linking public libraries in the state 55,815
and such others as may be certified as participants by the Ohio 55,816
Public Library Information Network Board. 55,817
The Ohio Public Library Information Network Board shall 55,821
consist of eleven members appointed by the State Library Board 55,822
from among the staff of public libraries and past and present 55,823
members of boards of trustees of public libraries, based on the 55,824
recommendations of the Ohio library community. The Ohio Public 55,825
Library Information Network Board in consultation with the State 55,826
Library shall develop a plan of operations for the network. The 55,827
Board shall have the authority to make decisions regarding the 55,828
use of the foregoing appropriation item 350-400, Ohio Public 55,829
Library Information Network, and to receive and expend grants to 55,830
carry out the operations of the network in accordance with state 55,831
law and the authority to appoint and fix the compensation of a 55,833
director and necessary staff. The State Library will be the 55,834
fiscal agent for the network and shall have fiscal accountability 55,835
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 55,836
travel and necessary expenses incurred in the carrying out of 55,837
their responsibilities.
In order to limit access to obscene and illegal materials 55,839
through internet use at Ohio Public Library Information Network 55,840
(OPLIN) terminals, local libraries with OPLIN computer terminals 55,841
shall adopt policies that control access to obscene and illegal 55,842
materials. These policies may include use of technological 55,844
systems to select or block certain internet access. The OPLIN 55,845
shall condition provision of its funds, goods, and services on 55,846
compliance with these policies. The OPLIN board shall also adopt 55,847
and communicate specific recommendations to local libraries on 55,848
methods to control such improper usage. These methods may 55,849
1228
include each library implementing a written policy controlling 55,851
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 55,852
internet usage.
Of the foregoing appropriation item 350-400, Ohio Public 55,854
Library Information Network, up to $66,000 in fiscal year 2000 55,855
and up to $72,000 in fiscal year 2001 shall be used to help local 55,856
libraries purchase filters to screen out obscene and illegal 55,857
internet materials. 55,858
The OPLIN board shall research and assist or advise local 55,860
libraries with emerging technologies and methods that may be 55,861
effective means to control access to obscene and illegal 55,863
materials. On October 1, 1999, and biannually thereafter, the 55,864
OPLIN Executive Director shall provide written reports to the 55,865
Governor, the Speaker and Minority Leader of the House of
Representatives, and the President and Minority Leader of the 55,866
Senate on any steps being taken by OPLIN and public libraries in 55,868
this state to limit and control such improper usage as well as 55,870
information on technological, legal, and law enforcement trends
nationally and internationally affecting this area of public 55,871
access and service. 55,872
The Ohio Public Library Information Network, InfOhio, and 55,874
OhioLink shall, to the extent feasible, coordinate and cooperate 55,875
in their purchase or other acquisition of the use of electronic 55,876
databases for their respective users and shall contribute funds 55,877
in an equitable manner to such effort.
Regional Library Systems 55,879
Of the foregoing appropriation item 350-502, Regional 55,881
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 55,882
fiscal year 2001 shall be used to replace federal dollars that 55,883
will be eliminated due to the expiration of the Library Services 55,884
and Construction Act (LSCA).
Netwellness 55,886
The foregoing appropriation item 350-505, Netwellness, 55,888
1229
shall be used to fund the Netwellness program, a joint venture of 55,889
the University of Cincinnati, Case Western Reserve University, 55,890
and The Ohio State University.
Section 66. LCO LIQUOR CONTROL COMMISSION 55,892
Liquor Control Fund Group 55,894
043 970-321 Operating Expenses $ 656,322 $ 671,416 55,899
TOTAL LCF Liquor Control Fund $ 656,322 $ 671,416 55,902
Group
TOTAL ALL BUDGET FUND GROUPS $ 656,322 $ 671,416 55,905
Section 67. MED STATE MEDICAL BOARD 55,908
General Services Fund Group 55,910
5C6 883-609 State Medical Board 55,913
Operating $ 5,891,825 $ 5,861,245 55,915
TOTAL GSF General Services 55,916
Fund Group $ 5,891,825 $ 5,861,245 55,919
TOTAL ALL BUDGET FUND GROUPS $ 5,891,825 $ 5,861,245 55,922
Section 68. DMH DEPARTMENT OF MENTAL HEALTH 55,925
Division of General Administration Intragovernmental Service Fund 55,927
Group 55,928
151 235-601 General 55,931
Administration $ 72,523,765 $ 74,161,226 55,933
TOTAL ISF Intragovernmental $ 72,523,765 $ 74,161,226 55,936
Service Fund Group
Division of Mental Health-- 55,938
Psychiatric Services to Correctional Facilities 55,939
General Revenue Fund 55,941
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 55,946
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 55,949
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 55,952
Forensic Services 55,955
The foregoing appropriation item 322-401, Forensic 55,957
Services, shall be used to provide psychiatric services to courts 55,959
of common pleas. The appropriation shall be allocated through 55,960
community mental health boards to certified community agencies 55,961
1230
and shall be distributed according to the criteria delineated in 55,962
Rule 5122:4-1-01 of the Administrative Code. These community 55,963
forensic funds may also be used to provide forensic training to 55,964
community mental health boards and to forensic psychiatry 55,965
residency programs in hospitals operated by the Department of 55,966
Mental Health and to provide evaluations of patients of forensic 55,967
status in facilities operated by the Department of Mental Health 55,968
prior to conditional release to the community. 55,969
In addition, appropriation item 332-401 may be used to 55,971
support projects involving mental health, substance abuse, 55,972
courts, and law enforcement to identify and develop appropriate 55,973
alternative services to institutionalization for non-violent 55,974
mentally ill offenders, and to provide linkage to community 55,975
services for severely mentally disabled offenders released from 55,977
institutions operated by the Department of Rehabilitation and 55,980
Correction. Funds may also be utilized to provide forensic 55,981
monitoring and tracking in addition to community programs serving 55,983
persons of forensic status on conditional release or probation. 55,984
Diversion Linkage Projects 55,986
Any cash transferred from the Department of Rehabilitation 55,988
and Correction Community Mental Health and Substance Abuse 55,989
Treatment Fund (Fund 4J3) and from the Department of Youth 55,990
Services Community Mental Health and Substance Abuse Treatment 55,991
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
shall be used by the Department of Mental Health to fund existing 55,992
county Diversion Linkage projects which provide alternative 55,993
services to institutionalization for non-violent mentally ill 55,994
offenders. The amount of the transfer is hereby appropriated. 55,995
Division of Mental Health-- 55,996
Administration and Statewide Programs 55,997
General Revenue Fund 55,999
GRF 333-100 Personal Services - 56,002
Central
Administration $ 18,585,795 $ 17,027,859 56,004
1231
GRF 333-200 Maintenance - Central 56,006
Administration $ 2,378,563 $ 2,348,974 56,008
GRF 333-300 Equipment - Central 56,010
Administration $ 1,004,165 $ 506,598 56,012
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 56,016
GRF 333-403 Pre-Admission 56,018
Screening Expenses $ 645,750 $ 658,665 56,020
GRF 333-415 Rental Payments OPFC $ 30,000,000 $ 28,600,000 56,024
GRF 333-416 Research Program 56,026
Evaluation $ 958,606 $ 984,933 56,028
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 56,031
General Services Fund Group 56,034
149 333-609 Central Office Rotary 56,037
- Operating $ 3,512,727 $ 1,135,684 56,039
TOTAL General Services Fund Group $ 3,512,727 $ 1,135,684 56,042
Federal Special Revenue Fund Group 56,045
3A7 333-612 Social Services Block 56,048
Grant $ 25,000 $ 25,000 56,050
3A8 333-613 Federal Grant - 56,052
Administration $ 24,880 $ 24,880 56,054
3A9 333-614 Mental Health Block 56,056
Grant $ 994,212 $ 644,212 56,058
3B1 333-635 Community Medicaid 56,060
Expansion $ 4,465,264 $ 4,465,264 56,062
324 333-605 Medicaid/Medicare $ 816,693 $ 700,846 56,066
TOTAL Federal Special Revenue 56,067
Fund Group $ 6,326,049 $ 5,860,202 56,070
State Special Revenue Fund Group 56,073
4X5 333-607 Behavioral Health 56,076
Medicaid Services $ 3,200,000 $ 2,775,000 56,078
485 333-632 Mental Health 56,080
Operating $ 124,284 $ 127,764 56,082
TOTAL State Special Revenue 56,083
Fund Group $ 3,324,284 $ 2,902,764 56,086
1232
TOTAL ALL BUDGET FUND GROUPS $ 68,226,113 $ 61,545,656 56,089
Residency Traineeship Programs 56,092
The foregoing appropriation item 333-402, Resident 56,094
Trainees, shall be used to fund training agreements entered into 56,095
by the Department of Mental Health for the development of 56,096
curricula and the provision of training programs to support 56,097
public mental health services. The appropriation line item may 56,098
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 56,099
between the public mental health system and college and 56,100
university traineeship programs established pursuant to section 56,101
5119.11 of the Revised Code.
Pre-Admission Screening Expenses 56,103
The foregoing appropriation item 333-403, Pre-Admission 56,105
Screening Expenses, shall be used to pay for costs to ensure that 56,107
uniform statewide methods for pre-admission screening are in 56,108
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 56,109
another inpatient facility is sought. Pre-admission screening 56,111
includes the following activities: pre-admission assessment, 56,112
consideration of continued stay requests, discharge planning and 56,113
referral, and adjudication of appeals and grievance procedures. 56,114
Rental Payments to the Ohio Public Facilities Commission 56,116
The foregoing appropriation item 333-415, Rental Payments 56,118
OPFC, shall be used to meet all payments at the times they are 56,120
required to be made during the period from July 1, 1999, to June 56,121
30, 2001, by the Department of Mental Health to the Ohio Public 56,122
Facilities Commission pursuant to leases and agreements made 56,123
under section 154.20 of the Revised Code, but limited to the 56,124
aggregate amount of $58,600,000. Nothing in this act shall be 56,125
deemed to contravene the obligation of the state to pay, without 56,126
necessity for further appropriation, from the sources pledged 56,127
thereto, the bond service charges on obligations issued pursuant 56,128
to section 154.20 of the Revised Code. 56,129
1233
Section 68.01. Division of Mental Health--Hospitals 56,131
General Revenue Fund 56,133
GRF 334-408 Community and 56,136
Hospital Mental
Health Services $ 343,457,861 $ 349,242,440 56,138
GRF 334-506 Court Costs $ 966,274 $ 989,465 56,142
TOTAL GRF General Revenue Fund $ 344,424,135 $ 350,231,905 56,145
General Services Fund Group 56,148
149 334-609 Hospital Rotary - 56,151
Operating Expenses $ 4,291,568 $ 2,196,668 56,153
150 334-620 Special Education $ 105,250 $ 105,250 56,157
TOTAL GSF General Services 56,159
Fund Group $ 4,396,818 $ 2,301,918 56,162
Federal Special Revenue Fund Group 56,165
3B0 334-617 Elementary and 56,168
Secondary Education
Act $ 180,348 $ 189,215 56,170
324 334-605 Medicaid/Medicare $ 13,160,416 $ 13,299,340 56,174
TOTAL FED Federal Special Revenue 56,175
Fund Group $ 13,340,764 $ 13,488,555 56,178
State Special Revenue Fund Group 56,181
485 334-632 Mental Health 56,184
Operating $ 2,565,188 $ 2,651,013 56,186
692 334-636 Community Mental 56,188
Health Board Risk
Fund $ 581,871 $ 598,163 56,190
TOTAL SSR State Special Revenue 56,191
Fund Group $ 3,147,059 $ 3,249,176 56,194
TOTAL ALL BUDGET FUND GROUPS $ 365,308,776 $ 369,271,554 56,197
Community Mental Health Board Risk Fund 56,201
The foregoing appropriation item 334-636, Community Mental 56,203
Health Board Risk Fund, shall be used to make payments pursuant 56,205
to section 5119.62 of the Revised Code. 56,206
Section 68.02. Division of Mental Health--Community 56,208
1234
Support Services 56,209
General Revenue Fund 56,211
GRF 335-419 Community Medication 56,214
Subsidy $ 7,181,673 $ 7,701,549 56,216
GRF 335-502 Community Mental 56,218
Health Programs $ 37,272,143 $ 38,166,674 56,220
GRF 335-508 Services for Severely 56,222
Mentally Disabled $ 58,991,734 $ 60,405,135 56,224
TOTAL GRF General Revenue Fund $ 103,445,550 $ 106,273,358 56,227
General Services Fund Group 56,230
4N8 335-606 Family Stability 56,233
Incentive $ 7,196,000 $ 7,300,000 56,235
TOTAL GSF General Services 56,236
Fund Group $ 7,196,000 $ 7,300,000 56,239
Federal Special Revenue Fund Group 56,242
3A7 335-612 Social Services Block 56,245
Grant $ 12,519,873 $ 9,250,982 56,247
3A8 335-613 Federal Grant - 56,249
Community Mental
Health Board Subsidy $ 787,000 $ 597,120 56,251
3A9 335-614 Mental Health Block 56,253
Grant $ 16,128,136 $ 16,128,136 56,255
3B1 335-635 Community Medicaid 56,257
Expansion $ 145,600,000 $ 151,424,000 56,259
TOTAL FED Federal Special Revenue 56,260
Fund Group $ 175,035,009 $ 177,400,238 56,263
TOTAL ALL BUDGET FUND GROUPS $ 285,676,559 $ 290,973,596 56,266
DEPARTMENT TOTAL 56,267
GENERAL REVENUE FUND $ 507,138,893 $ 512,548,051 56,270
DEPARTMENT TOTAL 56,271
GENERAL SERVICES FUND GROUP $ 15,105,545 $ 10,737,602 56,274
DEPARTMENT TOTAL 56,275
FEDERAL SPECIAL REVENUE 56,276
FUND GROUP $ 194,701,822 $ 196,748,995 56,279
1235
DEPARTMENT TOTAL 56,280
STATE SPECIAL REVENUE FUND GROUP $ 6,471,343 $ 6,151,940 56,283
DEPARTMENT TOTAL 56,284
INTRAGOVERNMENTAL FUND GROUP $ 72,523,765 $ 74,161,226 56,287
TOTAL DEPARTMENT OF MENTAL HEALTH $ 795,941,368 $ 800,347,814 56,290
Section 68.03. Community Medication Subsidy 56,293
The foregoing appropriation item 335-419, Community 56,295
Medication Subsidy, shall be used to provide subsidized support 56,296
for psychotropic medication needs of indigent citizens in the 56,297
community to reduce unnecessary hospitalization because of lack 56,298
of medication and to provide subsidized support for methadone 56,299
costs. 56,300
General Community Mental Health Programs 56,302
The foregoing appropriation item 335-502, Community Mental 56,304
Health Programs, shall be distributed by the Department of Mental 56,306
Health on a per capita basis to community mental health boards. 56,307
The purpose of the appropriation shall be to provide 56,309
subsidized support for general mental health services to Ohioans. 56,310
The range of mental health services eligible for funding shall be 56,311
defined in a Department of Mental Health administrative rule. 56,312
Community mental health boards shall allocate funds in support of 56,314
these services in accordance with the mental health needs of the 56,315
community.
Mental Health Services for Severely Mentally Disabled 56,317
Persons
The foregoing appropriation item 335-508, Services for 56,319
Severely Mentally Disabled, shall be used to fund mental health 56,321
services for adults and children who meet or have formerly met 56,322
criteria established by the Department of Mental Health under its 56,323
definition of severely mentally disabled. Those adults and 56,324
children who constitute severely mentally disabled shall include 56,325
those with a history of recent or chronic psychiatric 56,326
hospitalizations, a history of psychosis, a prognosis of 56,327
continued severe social and adaptive functioning impairment, or 56,328
1236
those certified impaired by the Social Security Administration 56,329
for reasons of mental illness. In addition to the above, children 56,330
and adolescents who are currently determined to be severely 56,331
mentally disabled, or who are at risk of becoming severely mental 56,332
disabled, and who are already in or about to enter the juvenile 56,333
justice system, or child welfare system, or receiving special 56,334
education services within the education system may also receive 56,335
services funded by appropriation item 335-508, Services for 56,336
Severely Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for 56,338
Serverely Mentally Disabled, $100,000 in each fiscal year shall 56,339
be used to fund family and consumer education and support. 56,340
Of the foregoing appropriation item 335-508, Services for 56,343
Severely Mentally Disabled, $2.7 million in each fiscal year 56,344
shall be used to transfer cash from the General Revenue Fund to
Fund 4N8, Family Stability Incentive. This transfer shall be 56,345
made using an intrastate voucher. 56,346
Behavioral Health Medicaid Services 56,348
The Department of Mental Health shall administer specified 56,350
Medicaid Services as delegated by the Department of Human 56,351
Services in an interagency agreement. The foregoing 56,352
appropriation item 333-607, Behavioral Health Medicaid Services, 56,353
may be used to make payments for free-standing psychiatric 56,354
hospital inpatient services as defined in an interagency 56,355
agreement with the Department of Human Services.
Community Capital Replacement Facility Fund 56,357
Any proceeds received from the sale of property approved by 56,359
the Director of Mental Health under section 5119.631 of the 56,360
Revised Code are hereby appropriated. 56,361
Section 68.04. Not later than July 1, 2001, the Directors 56,363
of Mental Health, Health, and Aging shall convene a group of key 56,364
relevant constituencies to evaluate the implementation of 56,365
sections 173.35, 340.03, 340.091, 3722.01, 3722.011, 3722.10, 56,366
3722.15, 3722.16, 3722.18, and 5119.61 of the Revised Code, as 56,367
1237
amended or enacted by this act. The group shall report its 56,368
findings and recommendations to the directors and General 56,369
Assembly not later than July 1, 2002. 56,370
Section 69. DMR DEPARTMENT OF MENTAL RETARDATION 56,372
AND DEVELOPMENTAL DISABILITIES 56,373
Section 69.01. General Administration and Statewide 56,375
Services 56,376
General Revenue Fund 56,378
GRF 320-321 Central 56,381
Administration $ 12,054,435 $ 11,889,457 56,383
GRF 320-411 Special Olympics $ 200,000 $ 200,000 56,387
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 56,391
GRF 320-415 Rent Payments-OPFC $ 30,000,000 $ 28,600,000 56,395
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 56,398
General Services Fund Group 56,401
4B5 320-640 Conference/Training $ 761,387 $ 780,768 56,406
TOTAL GSF General Services 56,407
Fund Group $ 761,387 $ 780,768 56,410
Federal Special Revenue Fund Group 56,413
3A4 320-605 Administrative 56,416
Support $ 5,795,804 $ 6,491,300 56,418
3A5 320-613 DD Council Operating 56,420
Expenses $ 992,486 $ 992,486 56,422
325 320-634 Protective Services $ 916,969 $ 916,969 56,426
TOTAL FED Federal Special Revenue 56,427
Fund Group $ 7,705,259 $ 8,400,755 56,430
TOTAL ALL GENERAL ADMINISTRATION 56,431
AND STATEWIDE SERVICES 56,432
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 56,435
Rental Payments to the Ohio Public Facilities Commission 56,439
The foregoing appropriation item 320-415, Rent Payments - 56,441
OPFC, shall be used to meet all payments at the times they are 56,443
required to be made during the period from July 1, 1999, to June 56,444
30, 2001, by the Department of Mental Retardation and 56,445
1238
Developmental Disabilities to the Ohio Public Facilities 56,446
Commission pursuant to leases and agreements made under section 56,447
154.20 of the Revised Code, but limited to the aggregate amount 56,448
of $58,600,000. Nothing in this act shall be deemed to 56,449
contravene the obligation of the state to pay, without necessity 56,450
for further appropriation, from the sources pledged thereto, the 56,451
bond service charges on obligations issued pursuant to section 56,452
154.20 of the Revised Code.
Section 69.02. Community Services 56,454
General Revenue Fund 56,456
GRF 322-405 State Use Program $ 268,364 $ 264,685 56,461
GRF 322-413 Residential and 56,463
Support Services $ 133,882,337 $ 137,095,513 56,465
GRF 322-451 Family Support 56,467
Services $ 7,705,342 $ 7,975,870 56,470
GRF 322-452 Case Management $ 6,235,022 $ 6,384,663 56,474
GRF 322-501 County Boards 56,476
Subsidies $ 45,720,356 $ 46,817,644 56,478
TOTAL GRF General Revenue Fund $ 193,811,421 $ 198,538,375 56,481
General Services Fund Group 56,484
4J6 322-645 Intersystem Services 56,487
for Children $ 3,798,005 $ 3,907,448 56,489
4U4 322-606 Community MR and DD 56,491
Trust $ 116,242 $ 119,201 56,493
4V1 322-611 Program Support $ 110,560 $ 113,374 56,496
4V1 322-615 Ohio's 56,498
Self-Determination
Project $ 131,666 $ 131,666 56,500
488 322-603 Residential Services 56,502
Refund $ 3,297,786 $ 3,650,224 56,504
TOTAL GSF General Services 56,505
Fund Group $ 7,454,259 $ 7,921,913 56,508
Federal Special Revenue Fund Group 56,511
1239
3A4 322-605 Community Program 56,514
Support $ 2,569,284 $ 2,749,134 56,516
3A4 322-610 Community Residential 56,518
Support $ 5,537,250 $ 5,924,858 56,520
3A5 322-613 DD Council Grants $ 3,358,290 $ 3,358,290 56,524
3G6 322-639 Medicaid Waiver $ 135,921,846 $ 136,602,770 56,528
3M7 322-650 CAFS Medicaid $ 141,058,250 $ 141,890,490 56,532
325 322-608 Federal Grants - 56,534
Operating Expenses $ 1,197,586 $ 1,225,523 56,536
325 322-612 Social Service Block 56,538
Grant $ 15,100,000 $ 15,100,000 56,540
325 322-614 Health and Human 56,542
Services $ 214,245 $ 214,245 56,544
325 322-617 Education Grants - 56,546
Operating $ 277,650 $ 277,650 56,548
TOTAL FED Federal Special Revenue 56,549
Fund Group $ 305,234,401 $ 307,342,960 56,552
State Special Revenue Fund Group 56,555
4K8 322-604 Waiver - Match $ 12,868,321 $ 12,532,806 56,560
5H0 322-619 Medicaid Repayment $ 534,560 $ 549,980 56,564
TOTAL SSR State Special Revenue 56,565
Fund Group $ 13,402,881 $ 13,082,786 56,568
TOTAL ALL COMMUNITY SERVICES 56,569
BUDGET FUND GROUPS $ 519,902,962 $ 526,886,034 56,572
Residential and Support Services 56,575
The foregoing appropriation item 322-413, Residential and 56,577
Support Services, shall be used for any of the following: 56,578
(A) Home and community-based waiver services pursuant to 56,580
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 56,581
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental 56,583
retardation and developmental disabilities; 56,584
(C) Supported living services contracted by county boards 56,586
of mental retardation and developmental disabilities in 56,587
1240
accordance with sections 5126.40 to 5126.47 of the Revised Code; 56,588
(D) County board of mental retardation and developmental 56,590
disabilities contracted purchase of service; 56,591
(E) Sermak Class Services used to implement the 56,593
requirements of the consent decree in the case of Sermak v. 56,594
Manuel, Case No. c-2-80-220, United States District Court for the 56,595
Southern District of Ohio, Eastern Division.
Notwithstanding Chapters 5123. and 5126. of the Revised 56,597
Code, the Department of Mental Retardation and Developmental 56,599
Disabilities may develop residential and support service programs 56,600
that enable persons with mental retardation and developmental 56,601
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 56,602
may waive the support collection requirements of those statutes 56,603
for persons in community programs developed by the department 56,604
under this section. The department shall adopt rules under 56,605
Chapter 119. of the Revised Code or may use existing rules for 56,606
the implementation of these programs.
The Department of Mental Retardation and Developmental 56,608
Disabilities may designate a portion of appropriation item 56,609
332-413, Residential and Support Services, to county boards of 56,610
mental retardation and developmental disabilities that have 56,611
greater need for various residential and support services due to 56,613
a percentage of residential and support services development in
comparison to the number of individuals with mental retardation 56,614
or developmental disabilities in the county. 56,615
Family Support Services 56,616
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 56,618
5126.11 of the Revised Code, the Department of Mental Retardation 56,619
and Developmental Disabilities may implement programs funded by 56,620
appropriation item 322-451, Family Support Services, to provide 56,621
assistance to persons with mental retardation or developmental 56,622
disabilities and their families who are living in the community. 56,624
The department shall adopt rules to implement these programs. 56,625
1241
Case Management 56,627
The foregoing appropriation item 322-452, Case Management, 56,629
shall be allocated to county boards of mental retardation and 56,631
developmental disabilities for the purpose of providing case 56,632
management services and to assist in bringing state funding for 56,633
all department-approved case managers within county boards of 56,634
mental retardation and developmental disabilities to the level 56,635
authorized in division (D) of section 5126.15 of the Revised 56,636
Code. The department may request approval from the Controlling 56,637
Board to transfer any unobligated appropriation authority from 56,638
other state General Revenue Fund appropriation items within the 56,639
department's budget to appropriation item 322-452, Case 56,640
Management, to be used to meet the statutory funding level in 56,641
division (D) of section 5126.15 of the Revised Code. 56,642
Notwithstanding division (D) of section 5126.15 of the 56,644
Revised Code and subject to funding in appropriation item 56,645
322-452, Case Management, no county may receive less than its 56,646
allocation in fiscal year 1995.
State Subsidies to MR/DD boards 56,648
Of the foregoing appropriation item 322-501, County Boards 56,650
Subsidies, $1,500,000 in each fiscal year shall be used to fund 56,651
the tax equity program in accordance with sections 5126.16, 56,652
5126.17, and 5126.18 of the Revised Code.
Of the foregoing appropriation item 322-501, County Boards 56,654
Subsidies, up to $550,000 in fiscal year 2000 may be used to 56,655
contract with The MR/DD Services Group, LLC for the technical 56,656
assistance to county boards of mental retardation and 56,657
developmental disabilities and other agencies under contract with 56,658
the county boards of mental retardation and developmental 56,659
disabilities for the implementation of Medicaid services. The 56,660
Department of Mental Retardation and Developmental Disabilities 56,661
shall monitor the contract and provide guidance and assistance, 56,662
as needed, to accomplish the functions associated with the 56,663
contract.
1242
Of the foregoing appropriation item 322-501, County Boards 56,665
Subsidies, up to $550,000 in fiscal year 2001 may be used to 56,666
solicit requests for proposal for technical assistance to county 56,667
boards of mental retardation and developmental disabilities and 56,668
other agencies under contract with the county boards of mental 56,669
retardation and developmental disabilities for the implementation 56,670
of Medicaid services. The Department of Mental Retardation and 56,671
Developmental Disabilities shall monitor the contract and provide 56,672
guidance and assistance, as needed, to accomplish the functions 56,673
associated with the contract. 56,674
Waiver - Match 56,676
The foregoing appropriation item 322-604, Waiver-Match 56,678
(Fund 4K8), shall be used as state matching funds for the home 56,679
and community-based waivers. 56,680
The Department of Human Services may enter into an 56,682
interagency agreement with the Department of Mental Retardation 56,683
and Developmental Disabilities providing for the Department of 56,684
Mental Retardation and Developmental Disabilities to operate the 56,685
program. 56,686
Developmental Center Program to Develop a Model Billing for 56,688
Services Rendered 56,689
Developmental centers of the Department of Mental 56,691
Retardation and Developmental Disabilities may provide services 56,692
to persons with mental retardation or developmental disabilities 56,693
living in the community or to providers of services to these 56,694
persons. The department may develop a methodology for recovery 56,695
of all costs associated with the provisions of these services. 56,696
Section 69.03. Residential Facilities 56,698
General Revenue Fund 56,700
GRF 323-321 Residential 56,703
Facilities Operations $ 104,027,497 $ 103,976,271 56,705
TOTAL GRF General Revenue Fund $ 104,027,497 $ 103,976,271 56,708
General Services Fund Group 56,711
1243
152 323-609 Residential 56,714
Facilities Support $ 849,108 $ 870,772 56,716
TOTAL GSF General Services 56,717
Fund Group $ 849,108 $ 870,772 56,720
Federal Special Revenue Fund Group 56,723
3A4 323-605 Residential 56,726
Facilities
Reimbursement $ 125,178,287 $ 125,985,419 56,728
325 323-608 Federal Grants - 56,730
Subsidies $ 401,173 $ 429,255 56,732
325 323-617 Education Grants - 56,734
Residential
Facilities $ 374,882 $ 374,882 56,736
TOTAL FED Federal Special Revenue 56,737
Fund Group $ 125,954,342 $ 126,789,556 56,740
State Special Revenue Fund Group 56,743
489 323-632 Operating Expense $ 10,297,985 $ 10,726,617 56,748
TOTAL SSR State Special Revenue 56,749
Fund Group $ 10,297,985 $ 10,726,617 56,752
TOTAL ALL RESIDENTIAL FACILITIES 56,753
BUDGET FUND GROUPS $ 241,128,932 $ 242,363,216 56,756
DEPARTMENT TOTAL GENERAL REVENUE 56,759
FUND $ 341,404,001 $ 344,546,207 56,761
DEPARTMENT TOTAL GENERAL SERVICES 56,762
FUND GROUP $ 9,064,754 $ 9,573,453 56,764
DEPARTMENT TOTAL FEDERAL SPECIAL 56,765
REVENUE FUND GROUP $ 438,894,002 $ 442,533,271 56,767
DEPARTMENT TOTAL STATE SPECIAL 56,768
REVENUE FUND GROUP $ 23,700,866 $ 23,809,403 56,770
TOTAL DEPARTMENT OF MENTAL 56,771
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 813,063,623 $ 820,462,334 56,774
Section 70. MIH COMMISSION ON MINORITY HEALTH 56,777
General Revenue Fund 56,779
1244
GRF 149-321 Operating Expenses $ 572,555 $ 582,837 56,784
GRF 149-501 Minority Health 56,786
Grants $ 1,047,826 $ 1,072,973 56,788
GRF 149-502 Lupus Program $ 182,298 $ 186,673 56,792
TOTAL GRF General Revenue Fund $ 1,802,679 $ 1,842,483 56,795
State Special Revenue Fund Group 56,798
4C2 149-601 Minority Health 56,801
Conference $ 121,051 $ 124,231 56,803
TOTAL SSR State Special Revenue 56,804
Fund Group $ 121,051 $ 124,231 56,807
TOTAL ALL BUDGET FUND GROUPS $ 1,923,730 $ 1,966,714 56,810
Lupus Program 56,813
The foregoing appropriation item 149-502, Lupus Program, 56,815
shall be used to provide grants for programs in patient, public, 56,816
and professional education on the subject of Systemic Lupus 56,817
Erythemtosus; to encourage and develop local centers on lupus 56,818
information gathering and screening; and to provide outreach to 56,819
minority women. 56,820
Section 71. CRB MOTOR VEHICLE COLLISION REPAIR 56,823
REGISTRATION BOARD 56,824
General Service Fund Group 56,826
5H9 865-609 Operating Expenses $ 228,638 $ 228,778 56,831
TOTAL GSF General Services 56,832
Fund Group $ 228,638 $ 228,778 56,835
TOTAL ALL BUDGET FUND GROUPS $ 228,638 $ 228,778 56,838
Section 72. DNR DEPARTMENT OF NATURAL RESOURCES 56,841
General Revenue Fund 56,843
GRF 725-401 Wildlife - GRF 56,846
Central Support $ 1,221,229 $ 1,268,315 56,848
GRF 725-404 Fountain Square 56,850
Rental Payments - OBA $ 1,087,000 $ 1,093,000 56,852
GRF 725-408 Reclamation and 56,854
Mining $ 2,406,020 $ 2,408,999 56,856
1245
GRF 725-412 Reclamation 56,858
Commission $ 66,475 $ 68,165 56,860
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 56,864
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 56,868
GRF 725-423 Stream and Ground 56,870
Water Gauging $ 422,863 $ 459,387 56,872
GRF 725-425 Wildlife License 56,874
Reimbursement $ 1,000,000 $ 1,000,000 56,876
GRF 725-456 Canal Lands $ 414,783 $ 423,203 56,880
GRF 725-502 Soil and Water 56,882
Districts $ 11,414,494 $ 12,140,831 56,884
GRF 725-507 Conservation Reserve 56,886
Enhancement Program $ 2,000,000 $ 2,000,000 56,888
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 56,892
GRF 728-321 Division of 56,894
Geological Survey $ 2,164,135 $ 2,270,778 56,896
GRF 729-321 Computer Information 56,898
Services &
Communications $ 1,172,567 $ 1,214,464 56,900
GRF 730-321 Division of Parks and 56,902
Recreation $ 35,255,224 $ 34,951,655 56,904
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 56,908
GRF 734-321 Division of Oil and 56,910
Gas $ 725,366 $ 1,614,957 56,912
GRF 736-321 Division of Chief 56,914
Engineer $ 4,371,204 $ 3,773,672 56,916
GRF 737-321 Division of Soil and 56,918
Water $ 4,092,866 $ 4,382,166 56,920
GRF 738-321 Office of Real Estate 56,922
and Land Management $ 3,099,898 $ 2,650,457 56,924
GRF 741-321 Division of Natural 56,926
Areas $ 3,415,305 $ 3,396,390 56,928
GRF 743-321 Division of Civilian 56,930
Conservation $ 5,100,636 $ 5,225,382 56,932
1246
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 56,935
General Services Fund Group 56,938
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 56,943
157 725-651 Central Support 56,945
Indirect $ 7,302,432 $ 7,273,923 56,947
158 725-604 Natural Resources 56,949
Publication Center
Intrastate $ 79,170 $ 80,154 56,951
161 725-635 Parks Facilities 56,953
Maintenance $ 2,666,395 $ 2,737,935 56,955
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 56,959
204 725-687 Information Services $ 2,217,392 $ 2,145,631 56,963
206 725-689 REALM Support 56,965
Services $ 447,811 $ 473,152 56,967
207 725-690 Real Estate $ 53,924 $ 55,320 56,971
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 56,975
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 56,979
4X8 725-662 Water Planning 56,981
Council $ 262,900 $ 269,700 56,983
430 725-671 Canal Lands $ 1,029,302 $ 998,044 56,987
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 56,991
508 725-684 Natural Resources 56,993
Publication Center
Interstate $ 393,166 $ 361,877 56,995
510 725-631 Maintenance - 56,997
state-owned
residences $ 230,669 $ 220,771 56,999
516 725-620 Water Management $ 2,407,372 $ 2,404,055 57,003
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 57,007
635 725-664 Fountain Square 57,009
Facilities Management $ 2,595,957 $ 2,699,355 57,011
697 725-670 Submerged Lands $ 547,762 $ 567,920 57,015
TOTAL GSF General Services 57,016
Fund Group $ 26,027,212 $ 26,460,401 57,019
1247
Federal Special Revenue Fund Group 57,022
3B3 725-640 Federal Forest 57,025
Pass-Thru $ 55,000 $ 55,000 57,027
3B4 725-641 Federal Flood 57,029
Pass-Thru $ 185,000 $ 190,000 57,031
3B5 725-645 Federal Abandoned 57,033
Mine Lands $ 7,418,833 $ 7,630,403 57,035
3B6 725-653 Federal Land and 57,037
Water Conservation $ 130,000 $ 120,000 57,039
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 57,043
3P0 725-630 Natural Areas and 57,045
Preserves-Federal $ 262,400 $ 185,000 57,047
3P1 725-632 Geological 57,049
Survey-Federal $ 350,000 $ 350,000 57,051
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 57,055
3P3 725-650 Real Estate and Land 57,057
Management-Federal $ 2,857,755 $ 3,185,120 57,059
3P4 725-660 Water-Federal $ 180,000 $ 180,000 57,063
3R5 725-673 Acid Mine Drainage 57,065
Abatement/Treatment $ 600,000 $ 600,000 57,067
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 57,071
332 725-669 Federal Mine Safety 57,073
Grant $ 133,095 $ 137,056 57,075
TOTAL FED Federal Special Revenue 57,076
Fund Group $ 15,628,229 $ 16,027,961 57,079
State Special Revenue Fund Group 57,082
4B8 725-617 Forestry Development $ 25,000 $ 25,000 57,087
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 57,091
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 57,095
4U6 725-668 Scenic Rivers 57,097
Protection $ 261,307 $ 268,431 57,099
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 57,103
509 725-602 State Forest $ 1,520,379 $ 1,440,326 57,107
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 57,111
1248
512 725-605 State Parks 57,113
Operations $ 27,150,223 $ 27,048,732 57,115
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 57,119
518 725-643 Oil and Gas Permit 57,121
Fees $ 3,118,829 $ 2,378,496 57,123
518 725-677 Oil and Gas Well 57,125
Plugging $ 800,000 $ 800,000 57,127
521 725-627 Off-Road Vehicle 57,129
Trails $ 62,036 $ 63,790 57,131
522 725-656 Natural Areas 57,133
Checkoff Funds $ 745,301 $ 766,169 57,135
525 725-608 Reclamation 57,137
Forfeiture $ 597,082 $ 597,664 57,139
526 725-610 Strip Mining 57,141
Administration Fees $ 1,956,599 $ 2,006,000 57,143
527 725-637 Surface Mining 57,145
Administration $ 1,964,078 $ 2,016,050 57,147
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 57,151
530 725-647 Surface Mining 57,153
Reclamation $ 76,725 $ 78,951 57,155
531 725-648 Reclamation 57,157
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 57,159
532 725-644 Litter Control and 57,161
Recycling $ 10,965,210 $ 11,264,587 57,163
615 725-661 Dam Safety $ 136,633 $ 139,237 57,167
TOTAL SSR State Special Revenue 57,168
Fund Group $ 53,953,325 $ 53,329,615 57,171
Wildlife Fund Group 57,174
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 57,179
015 740-321 Division of Wildlife 57,181
Conservation $ 40,345,888 $ 41,400,117 57,183
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 57,187
1249
815 725-636 Cooperative 57,189
Management Projects $ 148,850 $ 153,166 57,191
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 57,195
817 725-655 Wildlife Conservation 57,197
Checkoff Fund $ 1,301,143 $ 1,327,577 57,199
818 725-629 Cooperative Fisheries 57,201
Research $ 918,004 $ 943,708 57,203
819 725-685 Ohio River Management $ 119,302 $ 122,748 57,207
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 57,210
Waterways Safety Fund Group 57,213
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 57,218
086 725-416 Natural Areas Marine 57,220
Patrol $ 25,000 $ 25,000 57,222
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 57,226
086 725-418 Buoy Placement $ 39,298 $ 40,267 57,230
086 725-501 Waterway Safety 57,232
Grants $ 128,024 $ 131,609 57,234
086 725-506 Watercraft Marine 57,236
Patrol $ 359,800 $ 369,875 57,238
086 725-513 Watercraft 57,240
Educational Grants $ 128,500 $ 132,098 57,242
086 739-321 Division of 57,244
Watercraft $ 14,865,111 $ 15,142,223 57,246
880 725-614 Cooperative Boat 57,248
Harbor Projects $ 108,637 $ 111,679 57,250
TOTAL WSF Waterways Safety Fund 57,251
Group $ 18,770,772 $ 19,068,786 57,254
Holding Account Redistribution Fund Group 57,257
R17 725-659 Performance Cash Bond 57,260
Refunds $ 265,000 $ 265,500 57,262
R29 725-607 Reclamation Fee 57,264
Refund $ 350,000 $ 350,000 57,266
R30 725-638 Surface Mining 57,268
Reclamation Fees $ 12,000 $ 12,000 57,270
1250
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 57,274
TOTAL 090 Holding Account 57,275
Redistribution Fund Group $ 2,377,000 $ 2,377,500 57,278
Accrued Leave Liability Fund Group 57,281
4M8 725-675 FOP Contract $ 17,551 $ 17,990 57,286
TOTAL ALF Accrued Leave 57,287
Liability Fund Group $ 17,551 $ 17,990 57,290
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437 57,293
Section 72.01. Rental Payments to the Ohio Public 57,296
Facilities Commission 57,297
The foregoing appropriation item 725-413, OPFC Rental 57,299
Payments, shall be used to meet all payments at the times they 57,301
are required to be made during the period from July 1, 1999, to 57,302
June 30, 2001, by the Department of Natural Resources to the Ohio 57,303
Public Facilities Commission pursuant to leases and agreements 57,304
made under section 154.22 of the Revised Code, but limited to the 57,305
aggregate amount of $28,410,000. Nothing in this act shall be 57,306
deemed to contravene the obligation of the state to pay, without 57,307
necessity for further appropriation, from the sources pledged 57,308
thereto, the bond service charges on obligations issued pursuant 57,309
to section 154.22 of the Revised Code. 57,310
Fountain Square 57,312
The foregoing appropriation item 725-404, Fountain Square 57,314
Rental Payments - OBA, shall be used by the Department of Natural 57,316
Resources to meet all payments required to be made to the Ohio 57,317
Building Authority during the period from July 1, 1999, to June 57,318
30, 2001, pursuant to leases and agreements with the Ohio 57,319
Building Authority under section 152.241 of the Revised Code, but 57,320
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 57,322
transfer vouchers, shall make payments to the General Revenue 57,324
Fund from funds other than the General Revenue Fund to reimburse 57,325
the General Revenue Fund for their share of the lease rental 57,326
payments to the Ohio Building Authority. The transfers from the
1251
non-General Revenue funds shall be made within 10 days of the 57,327
payment from the Ohio Building Authority for the actual amounts 57,328
necessary to fulfill the leases and agreements pursuant to 57,329
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 57,331
Facilities Management (Fund 635), shall be used for payment of 57,333
repairs, renovation, utilities, property management, and building 57,334
maintenance expenses for the Fountain Square Complex. Cash 57,335
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 57,336
Natural Resources shall be deposited to the Fountain Square 57,337
Facilities Management Fund (Fund 635). 57,338
Section 72.02. Central Support Indirect Chargeback 57,340
With the exception of the Division of Wildlife, whose 57,342
indirect central support charges shall be paid by the General 57,343
Revenue Fund from the foregoing appropriation item 725-401, 57,344
Wildlife - GRF Central Support, the Department of Natural 57,345
Resources, with the approval of the Director of Budget and 57,346
Management, shall utilize a methodology for determining each 57,347
division's payments into the Central Support Indirect Chargeback 57,348
Fund (Fund 157). The methodology used shall contain the 57,349
characteristics of administrative ease and uniform application. 57,350
Payments to the Central Support Indirect Chargeback Fund shall be 57,351
made using an intrastate transfer voucher. 57,352
Wildlife License Reimbursement 57,354
Notwithstanding the limits of the transfer from the General 57,356
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 57,357
of the Revised Code, up to the amount available in appropriation 57,358
item 725-425, Wildlife License Reimbursement, may be transferred 57,359
from the General Revenue Fund to the Wildlife Fund (Fund 015). 57,360
Pursuant to the certification of the Director of Budget and 57,361
Management of the amount of foregone revenue in accordance with 57,362
section 1533.15 of the Revised Code, the foregoing appropriation 57,363
item in the General Revenue Fund, appropriation item 725-425, 57,364
1252
Wildlife License Reimbursement, shall be used to reimburse the 57,365
Wildlife Fund (Fund 015) for the cost of hunting and fishing 57,366
licenses and permits issued after June 30, 1990, to individuals 57,367
who are exempted under the Revised Code from license, permit, and 57,368
stamp fees.
Soil and Water Districts 57,370
In addition to state payments to soil and water 57,372
conservation districts authorized by section 1515.10 of the 57,373
Revised Code, the Department of Natural Resources may pay to any 57,374
soil and water conservation district, from authority in 57,375
appropriation item 725-502, Soil and Water Districts, an annual 57,376
amount not to exceed $30,000, upon receipt of a request and 57,377
justification from the district and approval by the Ohio Soil and 57,378
Water Conservation Commission. The county auditor shall credit 57,379
such payments to the special fund established pursuant to section 57,380
1515.10 of the Revised Code for the local soil and water 57,381
conservation district. Moneys received by each district shall be 57,382
expended for the purposes of the district. 57,383
Of the foregoing appropriation item 725-502, Soil and Water 57,385
Districts, $150,000 in each fiscal year shall be distributed to 57,386
the Muskingum Watershed Conservancy District. 57,387
Of the foregoing appropriation item 725-502, Soil and Water 57,389
Districts, $170,000 in fiscal year 2000 shall be distributed to 57,391
the Indian Lake Watershed.
No funds shall be used to pay for cost sharing under 57,394
section 1511.02 of the Revised Code if the Chief of Soil and 57,395
Water Conservation issues an order finding a person has caused 57,396
agricultural pollution by failure to comply with the standards 57,397
established under that section.
Soil and Water Districts 57,399
Of the foregoing appropriation item 725-502, Soil and Water 57,401
Districts, up to $8,043,891 in fiscal year 2000 and up to 57,402
$8,687,402 in fiscal year 2001 shall be distributed to soil and 57,403
water conservation districts for matching funds pursuant to 57,404
1253
section 1515.14 of the Revised Code.
Of the foregoing appropriation item 725-502, Soil and Water 57,406
Districts, $250,000 in each fiscal year shall be distributed to 57,407
the Resource Conservation and Development Councils. 57,408
Of the foregoing appropriation item 725-502, Soil and Water 57,410
Districts, $63,940 in fiscal year 2000 and fiscal year 2001 shall 57,411
be used for the Conservation Action Project to improve water 57,412
quality in Defiance, Fulton, Henry, Lucas, Paulding, Williams, 57,413
and Wood counties.
Of the foregoing appropriation item 725-502, Soil and Water 57,415
Districts, $150,000 in each fiscal year shall be used for the 57,416
Loramie Valley Alliance Flood Program. 57,417
Of the foregoing appropriation item 725-502, Soil and Water 57,419
Districts, $50,000 in each fiscal year shall be distributed to 57,420
the Ottawa River Coalition. 57,421
Of the foregoing appropriation item 725-502, Soil and Water 57,423
Districts, $100,000 in fiscal year 2000 shall be expended for the 57,424
Millcreek Valley Mitigation Project. 57,425
Of the foregoing appropriation item 725-502, Soil and Water 57,427
Districts, $1,000,000 in fiscal year 2000 shall be expended for 57,428
the Defiance-Williams Mitigation Project. 57,429
Of the foregoing appropriation item 725-502, Soil and Water 57,431
Districts, $50,000 in each fiscal year shall be expended for the 57,432
Livestock Environmental Assurance Program. 57,433
Division of Soil and Water 57,435
Of the foregoing appropriation item 737-321, Division of 57,437
Soil and Water, $220,000 in each fiscal year shall be distributed 57,438
to the Water Quality Laboratory located at Heidelberg College. 57,440
Portage Lakes 57,442
Of the foregoing appropriation item 730-321, Division of 57,444
Parks and Recreation, $250,000 in fiscal year 2000 shall be 57,445
expended for the Knapp-McDowell property for the creation of the 57,446
Portage Lakes Land Park.
Canal Lands 57,448
1254
The foregoing appropriation item 725-456, Canal Lands, 57,450
shall be used to transfer funds to the Canal Lands Fund (Fund 57,451
430) to provide operating expenses for the State Canal Lands 57,452
Program. The transfer shall be made using an intrastate transfer 57,453
voucher and shall be subject to the approval of the Director of 57,454
Budget and Management. 57,455
Office of Real Estate and Land Management 57,457
Of the foregoing appropriation item 738-321, Office of Real 57,459
Estate and Land Management, $100,000 in fiscal year 2000 shall be 57,461
used for dredging the Chagrin River, and $100,000 in fiscal year 57,462
2001 shall be used for dredging the Grand River.
Watercraft Marine Patrol 57,464
Of the foregoing appropriation item 739-321, Division of 57,466
Watercraft, $50,000 in each fiscal year shall be expended for the 57,467
purchase of equipment for marine patrols qualifying for funding 57,468
from the Department of Natural Resources pursuant to section 57,469
1547.67 of the Revised Code. Proposals for equipment shall 57,470
accompany the submission of documentation for receipt of a marine 57,471
patrol subsidy pursuant to section 1547.67 of the Revised Code 57,472
and shall be loaned to eligible marine patrols pursuant to a 57,473
cooperative agreement between the Department of Natural Resources 57,474
and the eligible marine patrol. 57,475
Water Resources Council 57,477
There is hereby created a Water Resources Council, 57,479
consisting of the Directors, or the designees of the Directors, 57,480
of Agriculture, Development, Environmental Protection, Health, 57,481
Natural Resources, Transportation, the State and Local Government 57,482
Commission, Public Utilities Commission, Ohio Public Works 57,483
Commission, and Ohio Water Development Authority. The Director 57,484
of Natural Resources shall chair the council. The chair of the 57,485
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 57,487
shall coordinate water policy development and planning activities 57,488
of state agencies and consider and make recommendations regarding 57,489
1255
water policy development, planning coordination, and funding 57,491
issues.
Operating expenses of the council shall be paid from the 57,493
Water Resources Council Fund (Fund 4X8), which is hereby created. 57,494
The council may hire an executive director and staff to support 57,496
its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and 57,497
private interests to assist in meeting its objectives. The 57,498
Department of Natural Resources shall serve as fiscal agent of 57,500
the fund. The Departments of Agriculture, Development, 57,501
Environmental Protection, Health, Natural Resources, and
Transportation shall contribute equally, via interstate transfer 57,502
voucher, to the fund. The State and Local Government Commission, 57,503
Public Utilities Commission, Ohio Public Works Commission, and 57,504
Ohio Water Development Authority may also voluntarily pay into 57,505
the Water Resources Council Fund for the operating expenses of 57,506
the council. If voluntary payment is made into the fund the 57,507
portion for the Departments of Agriculture, Development,
Environmental Protection, Health, Natural Resources, and 57,508
Transportation shall be equally reduced. 57,509
Cash Transfer 57,511
Not later than August 1, 1999, the Director of Budget and 57,513
Management shall transfer cash in an amount not to exceed $8,266 57,514
from the Departmental Projects Fund (Fund 155) to the Oil and Gas 57,515
Well Fund (Fund 518).
Not later than August 1, 1999, the Director of Budget and 57,517
Management shall transfer cash in an amount not to exceed 57,518
$150,000 from the Mining Regulation Fund (Fund 5B3) to the Oil 57,519
and Gas Well Fund (Fund 518).
Fund Consolidation 57,521
On July 15, 1999, or as soon thereafter as possible, the 57,523
Director of Budget and Management shall transfer the cash 57,524
balances of the Departmental Services - Interstate Fund (Fund 57,525
507) as of June 30, 1999, and any amounts that accrue to that 57,526
1256
fund after that date, to the Departmental Projects Fund (Fund
155). The Director shall cancel any remaining outstanding 57,527
encumbrances against appropriation item 725-681, Departmental 57,528
Services - Interstate, and reestablish them against appropriation 57,529
item 725-601, Departmental Projects. The amounts of any 57,530
encumbrances canceled and reestablished are hereby appropriated. 57,531
On July 15, 1999, or as soon thereafter as possible, the 57,533
Director of Budget and Management shall transfer the cash 57,534
balances of the Oil and Gas Well Plugging Fund (Fund 517) as of 57,535
June 30, 1999, and any amounts that accrue to that fund after 57,536
that date, to the Oil and Gas Well Fund (Fund 518). The director 57,537
shall cancel any remaining outstanding encumbrances against
appropriation item 725-615, Oil and Gas Well Plugging, and 57,538
reestablish them against appropriation item 725-677, Oil and Gas 57,539
Well Plugging. The amounts of any encumbrances canceled and 57,540
reestablished are hereby appropriated.
Oil and Gas Well Plugging 57,542
The foregoing appropriation item 725-677, Oil and Gas Well 57,544
Plugging, shall be used exclusively for the purposes of plugging 57,545
wells and to properly restore the land surface of idle and orphan 57,546
oil and gas wells pursuant to section 1509.071 of the Revised 57,547
Code. No funds from the appropriation item shall be used for 57,548
salaries, maintenance, equipment, or other administrative 57,549
purposes, except for those costs directly attributed to the 57,550
plugging of an idle or orphan well. Appropriation authority from 57,551
this line item shall not be transferred to any other fund or line 57,552
item.
Burr Oak Water Plant Transfer 57,554
For the purposes of this section, "Burr Oak water system" 57,556
includes, but is not limited to, the Burr Oak water treatment 57,557
plant and its appurtenances.
Upon creation of a regional water district in accordance 57,559
with Chapter 6119. of the Revised Code, the Department of Natural 57,560
Resources shall transfer ownership of the Burr Oak water system 57,561
1257
to the regional water district which shall serve portions of 57,562
Athens, Morgan, Hocking, and Perry counties, or surrounding 57,563
areas. The transfer of the Burr Oak water system shall occur
upon the execution of a transfer agreement between the Department 57,564
of Natural Resources and the regional water district setting 57,565
forth the provisions of the transfer. 57,566
Not more than thirty days prior to the execution of the 57,568
transfer agreement, the Director of Natural Resources shall 57,569
certify the amount of debt outstanding for the Burr Oak water 57,570
system and request the release of moneys up to $685,000 from 57,571
appropriation item 736-321, Division of Chief Engineer, to make
payment on the outstanding debt. Not more than fifteen days 57,572
after the execution of the transfer agreement, all unencumbered 57,573
moneys in the Burr Oak Water Plant Fund (Fund 519), Burr Oak 57,574
Water Plant, shall be distributed to the regional water district. 57,575
Division of Parks and Recreation 57,577
Of the foregoing appropriation item 730-321, Division of 57,579
Parks and Recreation, $150,000 in fiscal year 2000 shall be 57,580
expended for the American Disability Act improvements to the 57,581
Greenbrier Commons Park in Parma Heights. 57,582
Noah Dam Project 57,584
Of the foregoing appropriation item 738-321, Office of Real 57,586
Estate and Land Management, $506,105 in fiscal year 2000 shall be 57,588
distributed to the Akron YMCA Camp Y for the Noah Dam Project. 57,589
Section 73. NUR STATE BOARD OF NURSING 57,591
General Services Fund Group 57,593
4K9 884-609 Operating Expenses $ 4,080,547 $ 4,206,614 57,598
TOTAL GSF General Services 57,599
Fund Group $ 4,080,547 $ 4,206,614 57,602
TOTAL ALL BUDGET FUND GROUPS $ 4,080,547 $ 4,206,614 57,606
Section 74. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 57,609
AND ATHLETIC TRAINERS BOARD 57,610
General Services Fund Group 57,612
4K9 890-609 Operating Expenses $ 794,492 $ 732,645 57,617
1258
TOTAL GSF General Services 57,618
Fund Group $ 794,492 $ 732,645 57,621
TOTAL ALL BUDGET FUND GROUPS $ 794,492 $ 732,645 57,624
Operating Expenses 57,627
Of the foregoing appropriation item 890-609, Operating 57,629
Expenses, $150,000 in fiscal year 2000 shall be used by the 57,630
physical therapy section of the Ohio Occupational Therapy, 57,632
Physical Therapy, and Athletic Trainers Board to commission a 57,633
study to measure clinical outcomes for physical therapy. The 57,634
physical therapy section for the board shall report the findings 57,636
of the study to the Speaker and Minority Leader of the House of 57,637
Representatives, the President and Minority Leader of the Senate, 57,638
and the Governor no later than two years after the effective date 57,639
of this section. 57,640
Of the foregoing appropriation item 890-609, Operating 57,642
Expenses, $100,000 in fiscal year 2001 shall be used by the 57,643
occupational therapy section of the Occupational Therapy, 57,644
Physical Therapy, and Athletic Trainers Board to commission a 57,645
study to measure clinical outcomes for occupational therapy. The
occupational therapy section for the board shall report the 57,646
findings of the study to the Speaker and Minority Leader of the 57,647
House of Representatives, the President and Minority Leader of 57,648
the Senate, and the Governor no later than two years after the 57,649
effective date of this section.
Education Conference 57,651
The Occupational Therapy, Physical Therapy, and Athletic 57,653
Trainers Board shall plan a conference to discuss career options 57,654
for recent college graduates and new licensees. Members of the 57,655
conference shall be the directors, or their designees, of the 57,656
Occupational Therapy, Physical Therapy, and Athletic Trainers 57,657
Board, Board of Regents, Proprietary Schools and Community
Schools or their designees. The conference shall provide 57,658
recommendations to the Board of Regents. 57,659
Section 75. OLA OHIOANA LIBRARY ASSOCIATION 57,661
1259
General Revenue Fund 57,663
GRF 355-501 Library Subsidy $ 461,750 $ 316,461 57,668
TOTAL GRF General Revenue Fund $ 461,750 $ 316,461 57,671
TOTAL ALL BUDGET FUND GROUPS $ 461,750 $ 316,461 57,674
Library Subsidy 57,677
Of the foregoing appropriation item 355-501, Library 57,679
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 57,680
relocation of the Ohioana Library from the State Departments 57,681
Building.
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD 57,683
General Services Fund Group 57,685
4K9 894-609 Operating Expenses $ 262,402 $ 260,182 57,690
TOTAL GSF General Services 57,691
Fund Group $ 262,402 $ 260,182 57,694
TOTAL ALL BUDGET FUND GROUPS $ 262,402 $ 260,182 57,697
Section 77. OPT STATE BOARD OF OPTOMETRY 57,700
General Services Fund Group 57,702
4K9 885-609 Operating Expenses $ 267,672 $ 266,294 57,707
TOTAL GSF General Services 57,708
Fund Group $ 267,672 $ 266,294 57,711
TOTAL ALL BUDGET FUND GROUPS $ 267,672 $ 266,294 57,715
Section 78. PBR STATE PERSONNEL BOARD OF REVIEW 57,718
General Revenue Fund 57,720
GRF 124-321 Operating $ 1,219,720 $ 1,077,232 57,725
TOTAL GRF General Revenue Fund $ 1,219,720 $ 1,077,232 57,728
General Services Fund Group 57,731
636 124-601 Transcript and Other $ 37,838 $ 38,746 57,736
TOTAL GSF General Services 57,737
Fund Group $ 37,838 $ 38,746 57,740
TOTAL ALL BUDGET FUND GROUPS $ 1,257,558 $ 1,115,978 57,743
Transcript and Other 57,746
The foregoing appropriation item 124-601, Transcript and 57,748
Other, may be used to produce and distribute transcripts and 57,749
other documents. Revenues generated by charges for transcripts 57,750
1260
and other documents shall be deposited in the Transcripts and 57,751
Other Fund (Fund 636). 57,752
Section 79. PRX STATE BOARD OF PHARMACY 57,754
General Services Fund Group 57,756
4A5 887-605 Drug Law Enforcement $ 65,000 $ 70,000 57,761
4K9 887-609 Operating Expenses $ 3,841,199 $ 3,829,277 57,765
TOTAL GSF General Services 57,766
Fund Group $ 3,906,199 $ 3,899,277 57,769
TOTAL ALL BUDGET FUND GROUPS $ 3,906,199 $ 3,899,277 57,772
Section 80. PSY STATE BOARD OF PSYCHOLOGY 57,775
General Services Fund Group 57,777
4K9 882-609 Operating Expenses $ 456,543 $ 443,625 57,782
TOTAL GSF General Services 57,783
Fund Group $ 456,543 $ 443,625 57,786
TOTAL ALL BUDGET FUND GROUPS $ 456,543 $ 443,625 57,789
Section 81. PUB OHIO PUBLIC DEFENDER COMMISSION 57,792
General Revenue Fund 57,794
GRF 019-321 Public Defender 57,797
Administration $ 1,773,081 $ 1,808,544 57,799
GRF 019-401 State Legal Defense 57,801
Services $ 6,810,632 $ 6,993,291 57,803
GRF 019-403 Multi-County: State 57,805
Share $ 1,108,780 $ 1,280,291 57,807
GRF 019-404 Trumbull County-State 57,809
Share $ 415,691 $ 429,680 57,811
GRF 019-405 Training Account $ 48,500 $ 48,500 57,816
GRF 019-501 County Reimbursement 57,818
- Non-Capital Cases $ 31,495,223 $ 34,600,011 57,820
GRF 019-503 County Reimbursements 57,822
- Capital Cases $ 1,151,476 $ 1,257,059 57,824
TOTAL GRF General Revenue Fund $ 42,803,383 $ 46,417,376 57,827
General Services Fund Group 57,830
101 019-602 Inmate Legal 57,833
Assistance $ 57,983 $ 56,422 57,835
1261
101 019-607 Juvenile Legal 57,837
Assistance $ 456,055 $ 503,615 57,839
406 019-603 Training and 57,841
Publications $ 16,000 $ 16,000 57,843
407 019-604 County Representation $ 466,799 $ 456,959 57,847
408 019-605 Client Payments $ 127,985 $ 131,453 57,851
TOTAL GSF General Services 57,852
Fund Group $ 1,124,822 $ 1,164,449 57,855
Federal Special Revenue Fund Group 57,858
3S8 019-608 Federal 57,861
Representation $ 190,000 $ 190,000 57,863
TOTAL FED Federal Special Revenue 57,864
Fund Group $ 190,000 $ 190,000 57,867
State Special Revenue Fund Group 57,870
4C7 019-601 Multi-County: County 57,873
Share $ 1,556,829 $ 1,614,051 57,875
4X7 019-610 Trumbull 57,877
County-County Share $ 552,627 $ 579,645 57,879
574 019-606 Legal Services 57,881
Corporation $ 16,350,000 $ 16,850,000 57,883
TOTAL SSR State Special Revenue 57,884
Fund Group $ 18,459,456 $ 19,043,696 57,887
TOTAL ALL BUDGET FUND GROUPS $ 62,577,661 $ 66,815,521 57,890
Indigent Defense Office 57,893
The foregoing appropriation items 019-404, Trumbull County 57,895
- State Share, and 019-610, Trumbull County - County Share, shall 57,896
be used to support an indigent defense office for Trumbull 57,897
County.
Training Account 57,899
The foregoing appropriation item 019-405, Training Account, 57,901
shall be used by the Ohio Public Defender to provide legal 57,902
training programs at no cost for private appointed counsel who 57,903
represent at least one indigent defendant at no cost, and for 57,904
state and county public defenders and attorneys who contract with 57,905
1262
the Ohio Public Defender to provide indigent defense services. 57,906
Federal Representation 57,908
The foregoing appropriation item 019-608, Federal 57,910
Representation, shall be used to receive reimbursements from the 57,911
federal courts when the Ohio Public Defender provides 57,913
representation on federal court cases.
Section 82. DHS DEPARTMENT OF PUBLIC SAFETY 57,915
General Revenue Fund 57,917
GRF 763-403 Operating Expenses - 57,920
EMA $ 4,090,853 $ 3,574,514 57,922
GRF 763-409 MARCS Operations and 57,924
Maintenance $ 740,284 $ 735,997 57,926
GRF 763-507 Individual and Family 57,928
Grants $ 100,000 $ 105,000 57,930
GRF 764-404 Transportation 57,932
Enforcement
Operations $ 2,156,879 $ 2,157,207 57,934
GRF 769-321 Food Stamp 57,936
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 57,938
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 57,941
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 57,946
American Red Cross Disaster Preparedness and Training 57,949
Of the foregoing appropriation item 763-403, Operating 57,951
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 57,952
distributed to the American Red Cross in Ohio for disaster 57,953
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 57,955
agreement between the State of Ohio Chapters of the American Red 57,956
Cross to specify the terms by which these funds shall be 57,957
requested, distributed, and accounted for to enhance the disaster 57,958
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 57,959
1263
Management Agency shall require of the American Red Cross a plan 57,960
that facilitates implementation of the current Statement of 57,961
Understanding between the State of Ohio and the American Red 57,962
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 57,963
Ohio Task Force One - Urban Search and Rescue Unit 57,965
Of the foregoing appropriation item 763-403, Operating 57,967
Expenses - EMA, $200,000 in each fiscal year shall be used to 57,968
fund the Ohio Task Force One - Urban Search and Rescue Unit. 57,969
MARCS Operations and Maintenance Transfers 57,971
Upon the request of the Director of Public Safety, the 57,973
Director of Budget and Management shall transfer up to $304,284 57,974
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 57,975
2001 by intrastate transfer voucher from appropriation item 57,976
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 57,977
Maintenance Fund.
Upon the request of the Director of Public Safety, the 57,979
Director of Budget and Management shall transfer up to $436,000 57,980
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 57,981
2001 by intrastate transfer voucher from appropriation item 57,982
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 57,983
Operations Fund.
IFG State Match 57,985
The foregoing appropriation item 763-507, Individual and 57,987
Family Grants, shall be used to fund the state share of costs to 57,988
provide grants to individuals and families in cases of disaster. 57,989
Section 83. PUC PUBLIC UTILITIES COMMISSION OF OHIO 57,991
General Services Fund Group 57,993
5F6 870-622 Utility and Railroad 57,996
Regulation $ 25,999,778 $ 25,869,295 57,998
5F6 870-624 NARUC/NRRI Subsidy $ 167,233 $ 167,233 58,002
5F6 870-625 Motor Transportation 58,004
Regulation $ 4,239,287 $ 4,237,947 58,006
558 870-602 Salvage and Exchange $ 31,031 $ 31,775 58,010
1264
TOTAL GSF General Services 58,011
Fund Group $ 30,437,329 $ 30,306,250 58,014
Federal Special Revenue Fund Group 58,017
333 870-601 Gas Pipeline Safety $ 441,208 $ 454,898 58,022
350 870-608 Motor Carrier Safety $ 4,028,483 $ 4,089,335 58,026
TOTAL FED Federal Special Revenue 58,027
Fund Group $ 4,469,691 $ 4,544,233 58,030
State Special Revenue Fund Group 58,033
4A3 870-614 Grade Crossing 58,036
Protection
Devices-State $ 1,242,480 $ 1,275,759 58,038
4L8 870-617 Pipeline Safety-State $ 164,789 $ 164,085 58,043
4S6 870-618 Hazardous Material 58,046
Registration $ 621,388 $ 626,809 58,048
4S6 870-621 Hazardous Materials 58,051
Base State
Registration $ 348,046 $ 356,399 58,053
4U8 870-620 Civil Forfeitures $ 250,009 $ 249,451 58,058
559 870-605 Public Utilities 58,060
Territorial
Administration $ 4,688 $ 4,801 58,062
560 870-607 Special Assessment $ 100,000 $ 100,000 58,066
561 870-606 Power Siting Board $ 300,000 $ 297,893 58,070
638 870-611 Biofuels/Municipal 58,072
Waste Technology $ 69,196 $ 69,908 58,074
661 870-612 Hazardous Materials 58,076
Transportation $ 800,000 $ 800,000 58,078
TOTAL SSR State Special Revenue 58,079
Fund Group $ 3,900,596 $ 3,945,105 58,082
Agency Fund Group 58,085
4G4 870-616 Base State 58,088
Registration Program $ 7,000,000 $ 7,000,000 58,090
TOTAL AGY Agency Fund Group $ 7,000,000 $ 7,000,000 58,093
TOTAL ALL BUDGET FUND GROUPS $ 45,807,616 $ 45,795,588 58,098
1265
Elimination of Utility Forecasting Fund 58,101
On July 1, 1999, or as soon thereafter as possible, the 58,103
Director of Budget and Management shall transfer the cash balance 58,104
in the Utility Forecasting Fund (Fund 587) to the Public 58,105
Utilities Fund (Fund 5F6). The director shall cancel any 58,106
existing encumbrances against appropriation item 870-609, Utility
Forecasting (Fund 587), and reestablish them against 58,107
appropriation item 870-622, Utility and Railroad Regulation (Fund 58,108
5F6).
Grade Crossing Protection Program 58,110
In appropriation item 870-614, Grade Crossing Protection 58,112
Devices - State, as determined by the Director of Budget and 58,113
Management, the amounts necessary to reestablish prior-year 58,114
encumbrances are hereby appropriated. 58,115
Section 84. RAC STATE RACING COMMISSION 58,117
State Special Revenue Fund Group 58,119
5C4 875-607 Simulcast Horse 58,122
Racing Purse $ 13,664,161 $ 13,989,559 58,124
562 875-601 Thoroughbred Race 58,126
Fund $ 4,327,786 $ 4,431,653 58,128
563 875-602 Standardbred 58,130
Development Fund $ 1,816,934 $ 1,858,533 58,132
564 875-603 Quarterhorse 58,134
Development Fund $ 8,000 $ 8,000 58,136
565 875-604 Racing Commission 58,138
Operating $ 3,975,039 $ 4,012,502 58,140
TOTAL SSR State Special Revenue 58,141
Fund Group $ 23,791,920 $ 24,300,247 58,144
Holding Account Redistribution Fund Group 58,147
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 58,152
TOTAL 090 Holding Account 58,153
Redistribution
Fund Group $ 212,900 $ 212,900 58,156
TOTAL ALL BUDGET FUND GROUPS $ 24,004,820 $ 24,513,147 58,159
1266
Section 85. DRC DEPARTMENT OF REHABILITATION AND 58,162
CORRECTION 58,163
General Revenue Fund 58,165
GRF 501-321 Institutional 58,167
Operations $ 751,512,763 $ 790,304,677 58,169
GRF 501-403 Prisoner Compensation $ 9,257,805 $ 9,654,376 58,173
GRF 501-405 Halfway House $ 31,948,765 $ 34,277,931 58,177
GRF 501-406 Lease Rental Payments $ 120,900,000 $ 129,500,000 58,181
GRF 501-407 Community 58,183
Nonresidential
Programs $ 15,986,812 $ 16,466,767 58,185
GRF 501-408 Community Misdemeanor 58,187
Programs $ 8,431,580 $ 8,676,220 58,189
GRF 501-501 Community Residential 58,191
Programs-CBCF $ 47,821,732 $ 52,895,295 58,194
GRF 502-321 Mental Health 58,196
Services $ 73,829,408 $ 75,809,266 58,198
GRF 503-321 Parole and Community 58,200
Operations $ 73,414,938 $ 73,040,275 58,202
GRF 504-321 Administrative 58,204
Operations $ 27,787,499 $ 28,016,367 58,206
GRF 505-321 Institution Medical 58,208
Services $ 122,383,126 $ 125,783,661 58,210
GRF 506-321 Institution Education 58,212
Services $ 22,753,530 $ 23,455,913 58,214
GRF 507-321 Institution Recovery 58,216
Services $ 6,837,366 $ 6,893,616 58,218
TOTAL GRF General Revenue Fund $1,312,865,324 $1,374,774,364 58,221
General Services Fund Group 58,223
4B0 501-601 Penitentiary Sewer 58,226
Treatment Facility
Services $ 1,414,841 $ 1,438,983 58,228
4D4 501-603 Prisoner Programs $ 19,401,160 $ 19,726,098 58,232
4L4 501-604 Transitional Control $ 374,648 $ 384,745 58,236
1267
4S5 501-608 Education Services $ 3,957,494 $ 4,023,449 58,240
483 501-605 Property Receipts $ 346,822 $ 346,821 58,244
5H8 501-617 Offender Financial 58,246
Responsibility $ 406,627 $ 426,959 58,248
571 501-606 Training Academy 58,250
Receipts $ 69,903 $ 71,567 58,252
593 501-618 Laboratory Services $ 4,450,486 $ 4,673,010 58,256
TOTAL GSF General Services 58,257
Fund Group $ 30,421,981 $ 31,091,632 58,260
Federal Special Revenue Fund Group 58,262
3S1 501-615 Truth-In-Sentencing 58,265
Grants $ 15,000,000 $ 15,000,000 58,267
323 501-619 Federal Grants $ 11,190,999 $ 9,548,001 58,271
TOTAL FED Federal Special Revenue 58,272
Fund Group $ 26,190,999 $ 24,548,001 58,275
Intragovernmental Service Fund Group 58,278
148 501-602 Services and 58,281
Agricultural $ 95,133,830 $ 100,126,370 58,283
200 501-607 Ohio Penal Industries $ 46,292,000 $ 47,679,999 58,287
TOTAL ISF Intragovernmental 58,288
Service Fund Group $ 141,425,830 $ 147,806,369 58,291
TOTAL ALL BUDGET FUND GROUPS $1,510,904,134 $1,578,220,366 58,294
Halfway House 58,297
Of the foregoing appropriation item 501-405, Halfway House, 58,299
$100,000 in fiscal year 2000 shall be distributed directly to the 58,301
Oriana House.
Ohio Building Authority Lease Payments 58,303
The foregoing appropriation item 501-406, Lease Rental 58,305
Payments, shall be used for payments to the Ohio Building 58,307
Authority for the period July 1, 1999, to June 30, 2001, pursuant 58,308
to the primary leases and agreements for those buildings made 58,309
under Chapter 152. of the Revised Code in the amount of
$250,400,000 which are the source of funds pledged for bond 58,310
service charges on related obligations issued pursuant to Chapter 58,312
1268
152. of the Revised Code.
Prisoner Compensation 58,314
Money from the foregoing appropriation item 501-403, 58,316
Prisoner Compensation, shall be transferred on a quarterly basis 58,317
by intrastate transfer voucher to Fund 148 for the purposes of 58,319
paying prisoner compensation. 58,320
Inmate Development Program 58,322
Of the foregoing appropriation item 503-321, Parole and 58,324
Community Operations, at least $30,000 in each fiscal year shall 58,325
be used for an inmate development program. 58,326
Institution Recovery Services 58,328
Of the foregoing appropriation item 507-321, Institution 58,330
Recovery Services, $50,000 in each fiscal year shall be used to 58,331
fund a demonstration project using innovative alcohol and 58,332
substance abuse treatment methods.
Section 86. RSC REHABILITATION SERVICES COMMISSION 58,334
General Revenue Fund 58,336
GRF 415-100 Personal Services $ 7,981,041 $ 7,865,107 58,341
GRF 415-401 Personal Care 58,343
Assistance $ 953,624 $ 972,551 58,345
GRF 415-402 Independent Living 58,347
Council $ 401,278 $ 410,909 58,349
GRF 415-403 Mental Health 58,351
Services $ 759,578 $ 777,807 58,353
GRF 415-404 MR/DD Services $ 1,335,275 $ 1,367,321 58,357
GRF 415-405 Vocational 58,359
Rehabilitation/Human
Services $ 568,620 $ 582,267 58,361
GRF 415-431 Office for People 58,363
with Brain Injury $ 197,921 $ 202,697 58,365
GRF 415-506 Services for People 58,367
with Disabilities $ 11,235,077 $ 11,531,180 58,369
GRF 415-508 Services for the Deaf $ 148,365 $ 149,526 58,373
1269
GRF 415-509 Services for the 58,375
Elderly $ 380,602 $ 389,736 58,377
GRF 415-520 Independent Living 58,379
Services $ 61,492 $ 62,967 58,381
TOTAL GRF General Revenue Fund $ 24,022,873 $ 24,312,068 58,384
General Services Fund Group 58,387
4W5 415-606 Administrative 58,390
Expenses $ 17,263,146 $ 17,721,525 58,392
467 415-609 Business Enterprise 58,394
Operating Expenses $ 1,676,209 $ 1,723,110 58,396
TOTAL GSF General Services 58,397
Fund Group $ 18,939,355 $ 19,444,635 58,400
Federal Special Revenue Fund Group 58,403
3L1 415-601 Social Security 58,406
Personal Care
Assistance $ 3,453,086 $ 3,701,386 58,408
3L1 415-605 Social Security 58,410
Community Centers for
the Deaf $ 1,100,488 $ 1,100,488 58,412
3L1 415-607 Social Security 58,414
Administration Cost $ 143,887 $ 139,760 58,416
3L1 415-608 Social Security 58,418
Special
Programs/Assistance $ 2,513,818 $ 2,513,818 58,420
3L1 415-610 Social Security 58,422
Vocational
Rehabilitation $ 1,452,000 $ 1,452,000 58,424
3L1 415-614 Social Security 58,426
Independent Living $ 294,454 $ 294,454 58,428
3L4 415-611 Federal-Independent 58,430
Living Council $ 192,645 $ 198,039 58,432
3L4 415-612 Federal-Independent 58,434
Living Centers or
Services $ 551,791 $ 567,241 58,436
1270
3L4 415-615 Federal - Supported 58,438
Employment $ 1,441,674 $ 1,441,674 58,440
3L4 415-617 Independent 58,442
Living/Vocational
Rehabilitation
Programs $ 450,000 $ 450,000 58,444
317 415-620 Disability 58,446
Determination $ 63,511,419 $ 64,008,286 58,448
379 415-616 Federal-Vocational 58,450
Rehabilitation $ 114,858,693 $ 115,069,636 58,452
TOTAL FED Federal Special 58,453
Revenue Fund Group $ 189,963,955 $ 190,936,782 58,456
State Special Revenue Fund Group 58,458
4L1 415-619 Services for 58,460
Rehabilitation $ 3,474,278 $ 3,450,658 58,462
468 415-618 Third Party Funding $ 5,125,634 $ 4,934,666 58,466
TOTAL SSR State Special 58,467
Revenue Fund Group $ 8,599,912 $ 8,385,324 58,470
TOTAL ALL BUDGET FUND GROUPS $ 241,526,095 $ 243,078,809 58,473
Stand Concessions Fund--Crediting of Income 58,476
In crediting interest and other income earned on moneys 58,478
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 58,479
of State and Director of Budget and Management shall ensure that 58,480
the requirements of section 3304.35 of the Revised Code are met. 58,481
Personal Care Assistance 58,483
The foregoing appropriation item 415-401, Personal Care 58,485
Assistance, shall be used in addition to the federal Social 58,486
Security reimbursement funds to provide personal care assistance 58,488
services. These funds shall not be used in lieu of the Social 58,489
Security reimbursement funds.
MR/DD Services 58,491
The foregoing appropriation item 415-404, MR/DD Services, 58,493
shall be used as state matching funds to provide vocational 58,494
rehabilitation services to mutually eligible clients between the 58,495
1271
Rehabilitation Services Commission and the Department of Mental 58,497
Retardation and Developmental Disabilities. The Rehabilitation 58,498
Services Commission shall report to the Department of Mental 58,499
Retardation and Developmental Disabilities, as outlined in an 58,500
interagency agreement, on the number and status of mutually 58,501
eligible clients and the status of the funds and expenditures for 58,502
these clients.
Vocational Rehabilitation/Human Services 58,504
The foregoing appropriation item 415-405, Vocational 58,506
Rehabilitation/Human Services, shall be used as state matching 58,507
funds to provide vocational rehabilitation services to mutually 58,508
eligible clients between the Rehabilitation Services Commission 58,509
and the Department of Human Services. The Rehabilitation 58,510
Services Commission shall report to the Department of Human 58,511
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 58,512
funds and expenditures for these clients. 58,513
Office for People with Brain Injury 58,515
Of the foregoing appropriation item 415-431, Office for 58,517
People with Brain Injury, $100,000 in each fiscal year shall be 58,518
used for the state match for a federal grant awarded through the 58,520
"Traumatic Brain Injury Act," Pub. L. No. 104-166. The remaining 58,521
appropriation in this item shall be used to plan and coordinate 58,522
head-injury-related services provided by state agencies and other 58,523
government or private entities, to assess the needs for such 58,524
services, and to set priorities in this area. 58,525
Services for the Deaf 58,527
The foregoing appropriation item 415-508, Services for the 58,529
Deaf, shall be used to supplement the federal Social Security 58,530
reimbursement funds used to provide grants to community centers 58,531
for the deaf. These funds shall not be used in lieu of Social 58,532
Security reimbursement funds. 58,533
Services for the Elderly 58,535
The foregoing appropriation item 415-509, Services for the 58,537
1272
Elderly, shall be used as matching funds for vocational 58,538
rehabilitation services for eligible elderly citizens with a 58,539
disability. 58,540
Social Security Reimbursement Funds 58,542
Reimbursement funds received from the Social Security 58,544
Administration, United States Department of Health and Human 58,545
Services, for the costs of providing services and training to 58,546
return disability recipients to gainful employment, shall be used 58,547
in the Social Security Reimbursement Fund (Fund 3L1), as follows: 58,549
(A) Appropriation item 415-601, Social Security Personal 58,551
Care Assistance, to provide personal care services in accordance 58,553
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community 58,555
Centers for the Deaf, to provide grants to community centers for 58,557
the deaf in Ohio for services to individuals with hearing 58,558
impairments;
(C) Appropriation item 415-607, Social Security 58,560
Administration Cost, to provide administrative services needed to 58,562
administer the Social Security reimbursement program; 58,563
(D) Appropriation item 415-610, Social Security Vocational 58,565
Rehabilitation, to provide vocational rehabilitation services to 58,566
individuals with severe disabilities to achieve a noncompetitive 58,567
employment goal such as homemaker;
(E) Appropriation item 415-608, Social Security Special 58,569
Programs/Assistance, to provide vocational rehabilitation 58,570
services to individuals with severe disabilities, who are Social 58,571
Security beneficiaries, to achieve competitive employment. This 58,572
item also includes funds to assist the Personal Care Assistance, 58,573
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 58,574
Circular A-87. 58,575
Administrative Expenses 58,577
The foregoing appropriation item 415-606, Administrative 58,579
Expenses, shall be used to support the administrative functions 58,580
1273
of the commission related to the provision of vocational 58,581
rehabilitation, disability determination services, and ancillary 58,582
programs.
Independent Living Council 58,584
The foregoing appropriation items 415-402, Independent 58,586
Living Council, and 415-611, Federal-Independent Living Council, 58,587
shall be used to fund the operations of the State Independent 58,588
Living Council.
Mental Health Services 58,590
The foregoing appropriation item 415-403, Mental Health 58,592
Services, shall be used for the provision of vocational 58,593
rehabilitation services to mutually eligible consumers of the 58,594
Rehabilitation Services Commission and the Department of Mental 58,596
Health.
The Department of Mental Health shall receive a quarterly 58,598
report from the Rehabilitation Services Commission stating the 58,599
numbers served, numbers placed in employment, average hourly 58,601
wage, and average hours worked.
Independent Living Services 58,603
The foregoing appropriation items 415-520, Independent 58,605
Living Services, and 415-612, Federal-Independent Living Centers 58,606
or Services, shall be used to support state independent living 58,607
centers or independent living services pursuant to Title VII of 58,608
the "Independent Living Services and Centers for Independent 58,610
Living of the Rehabilitation Act Amendments of 1992," 106 Stat.
4344, 29 U.S.C.A. 796d. 58,611
Independent Living/Vocational Rehabilitation Programs 58,613
The foregoing appropriation item 415-617, Independent 58,615
Living/Vocational Rehabilitation Programs, shall be used to 58,616
support vocational rehabilitation programs, including, but not 58,617
limited to, Projects with Industry and Training Grants. 58,618
Section 87. RCB RESPIRATORY CARE BOARD 58,620
General Services Fund Group 58,622
4K9 872-609 Operating Expenses $ 266,576 $ 271,144 58,627
1274
TOTAL GSF General Services 58,628
Fund Group $ 266,576 $ 271,144 58,631
TOTAL ALL BUDGET FUND GROUPS $ 266,576 $ 271,144 58,634
Section 88. REVENUE DISTRIBUTION FUNDS 58,637
Volunteer Firemen's Dependents Fund 58,639
085 800-900 Volunteer Firemen's 58,642
Dependents Fund $ 200,000 $ 200,000 58,644
TOTAL 085 Volunteer Firemen's 58,645
Dependents Fund $ 200,000 $ 200,000 58,648
Agency Fund Group 58,649
062 110-900 Resort Area Excise 58,651
Tax $ 250,000 $ 250,000 58,653
063 110-900 Permissive Tax 58,655
Distribution $1,291,217,300 $1,342,814,000 58,657
067 110-900 School District 58,659
Income Tax Fund $ 145,000,000 $ 155,000,000 58,661
4P8 001-698 Cash Management 58,663
Improvement Fund $ 2,000,000 $ 2,000,000 58,665
608 001-699 Investment Earnings $ 345,000,000 $ 345,000,000 58,669
TOTAL AGY Agency Fund Group $1,783,467,300 $1,845,064,000 58,672
International Fuel Tax Distribution Fund 58,674
R45 110-617 International Fuel 58,677
Tax Distribution $ 44,100,000 $ 44,100,000 58,679
TOTAL R45 International Fuel Tax $ 44,100,000 $ 44,100,000 58,682
Distribution Fund
Revenue Distribution Fund Group 58,683
049 038-900 Indigent Drivers 58,685
Alcohol Treatment $ 1,900,000 $ 1,900,000 58,687
050 762-900 International 58,689
Registration Plan
Distribution $ 45,000,000 $ 47,250,000 58,691
051 762-901 Auto Registration 58,693
Distribution Fund $ 448,300,000 $ 448,300,000 58,695
1275
060 110-900 Gasoline Excise Tax 58,697
Fund $ 110,977,700 $ 113,752,100 58,699
064 110-900 Local Government 58,701
Revenue Assistance $ 93,211,200 $ 97,797,000 58,703
065 110-900 Library/Local 58,705
Government Support
Fund $ 443,933,100 $ 472,336,200 58,707
066 800-900 Undivided Liquor 58,709
Permit Fund $ 13,300,000 $ 13,300,000 58,711
068 110-900 State/Local 58,713
Government Highway
Distribution Fund $ 222,487,300 $ 228,049,500 58,715
069 110-900 Local Government Fund $ 663,478,400 $ 695,579,000 58,719
082 110-900 Horse Racing Tax Fund $ 250,000 $ 250,000 58,723
083 700-900 Ohio Fairs Fund $ 3,000,000 $ 3,000,000 58,727
TOTAL RDF Revenue Distribution 58,728
Fund Group $2,045,837,700 $2,121,513,800 58,731
TOTAL ALL BUDGET FUND GROUPS $3,873,605,000 $4,010,877,800 58,734
Distribution of Horse Racing Tax Fund 58,737
Notwithstanding division (K) of section 3769.08 of the 58,739
Revised Code, for fiscal years 2000 and 2001, the Tax 58,740
Commissioner shall provide for payment to the treasurer of each 58,741
agricultural society the amount of taxes collected under this 58,742
section upon racing conducted at and during the course of any
exposition or fair conducted by such society. 58,743
Additional Appropriations 58,745
Appropriation line items in this section are to be used for 58,747
the purpose of administering and distributing the designated 58,748
revenue distributions fund according to the Revised Code. If it 58,749
is determined that additional appropriations are necessary, such 58,750
amounts are hereby appropriated. 58,751
Section 89. SAN BOARD OF SANITARIAN REGISTRATION 58,753
General Services Fund Group 58,755
4K9 893-609 Operating Expenses $ 102,534 $ 102,252 58,760
1276
TOTAL GSF General Services 58,761
Fund Group $ 102,534 $ 102,252 58,764
TOTAL ALL BUDGET FUND GROUPS $ 102,534 $ 102,252 58,767
Section 90. SOS SECRETARY OF STATE 58,770
General Revenue Fund 58,772
GRF 050-321 Operating Expenses $ 7,594,550 $ 7,724,452 58,777
GRF 050-403 Election Statistics $ 133,000 $ 150,000 58,781
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 58,785
GRF 050-409 Litigation 58,787
Expenditures $ 26,750 $ 26,750 58,789
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,191,202 58,792
General Services Fund Group 58,794
4B9 050-608 Campaign Finance Disk 58,797
Sales $ 1,000 $ 1,000 58,799
4S8 050-610 Board of Voting 58,801
Machine Examiners $ 7,200 $ 7,200 58,803
413 050-601 Information Systems $ 181,900 $ 150,000 58,807
414 050-602 Citizen Education 58,809
Fund $ 30,000 $ 30,000 58,811
TOTAL General Services Fund Group $ 220,100 $ 188,200 58,814
State Special Revenue Fund Group 58,816
599 050-603 Business Services 58,819
Operating Expenses $ 5,200,000 $ 5,200,000 58,821
TOTAL SSR State Special Revenue 58,822
Fund Group $ 5,200,000 $ 5,200,000 58,825
Holding Account Redistribution Fund Group 58,827
R01 050-605 Uniform Commercial 58,830
Code Refunds $ 65,000 $ 65,000 58,832
R02 050-606 Corporate/Business 58,834
Filing Refunds $ 185,000 $ 185,000 58,836
TOTAL 090 Holding Account 58,837
Redistribution Fund Group $ 250,000 $ 250,000 58,840
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 13,829,402 58,843
Board of Voting Machine Examiners 58,846
1277
The foregoing appropriation item 050-610, Board of Voting 58,848
Machine Examiners, shall be used to pay for the services and 58,849
expenses of the members of the Board of Voting Machine Examiners, 58,850
and for other expenses which are authorized to be paid from the 58,851
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 58,852
returned to the person or entity submitting the equipment for 58,853
examination. If it is determined that additional appropriations 58,854
are necessary, such amounts are hereby appropriated. 58,855
Holding Account Redistribution Group 58,857
The foregoing appropriation items 050-605 and 050-606, 58,859
Holding Account Redistribution Fund Group, shall be used to hold 58,860
revenues until they are directed to the appropriate accounts or 58,861
until they are refunded. If it is determined that additional 58,862
appropriations are necessary, such amounts are hereby 58,863
appropriated.
Filing Fees Study 58,865
The Secretary of State shall conduct a study of fees 58,867
charged under section 111.16 of the Revised Code to compare the 58,868
fee amounts with the actual cost of providing the services for 58,869
which the fees are charged. The purpose of the study is to 58,870
determine whether the amounts of the fees being charged are valid
and appropriate with respect to the services being provided. The 58,871
Secretary of State shall complete a report summarizing the 58,872
results of the study and, not later than December 31, 2000, shall 58,873
submit the report to the President of the Senate, the Minority 58,874
Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of 58,875
Representatives.
Section 91. SEN THE OHIO SENATE 58,877
General Revenue Fund 58,879
GRF 020-321 Operating Expenses $ 11,289,045 $ 11,289,045 58,884
TOTAL GRF General Revenue Fund $ 11,289,045 $ 11,289,045 58,887
General Services Fund Group 58,889
1278
102 020-602 Senate Reimbursement $ 402,744 $ 402,744 58,894
409 020-601 Miscellaneous Sales $ 30,980 $ 30,980 58,898
TOTAL GSF General Services 58,899
Fund Group $ 433,724 $ 433,724 58,902
TOTAL ALL BUDGET FUND GROUPS $ 11,722,769 $ 11,722,769 58,905
Section 92. CSF COMMISSIONERS OF THE SINKING FUND 58,908
General Revenue Fund 58,910
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 58,915
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 58,918
Debt Service Fund Group 58,920
071 155-900 Highway Obligations 58,923
Bond Retirement Fund $ 53,642,000 $ 51,636,000 58,925
072 155-900 Highway Capital 58,927
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 58,929
073 155-900 Natural Resources 58,931
Bond Retirement $ 12,865,000 $ 15,700,000 58,933
076 155-900 Coal Research and 58,935
Development Bond
Retirement Fund $ 5,690,000 $ 7,760,000 58,937
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 58,940
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 58,943
Additional Appropriations 58,945
Appropriation items in this section are for the purpose of 58,947
paying the principal and interest on bonds or other instruments 58,948
of indebtedness of this state issued pursuant to the Ohio 58,949
Constitution and acts of the General Assembly. If it is 58,950
determined that additional appropriations are necessary, such 58,951
amounts are hereby appropriated. 58,952
Section 93. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 58,954
& AUDIOLOGY 58,955
General Services Fund Group 58,957
4K9 886-609 Operating Expenses $ 328,710 $ 325,685 58,961
TOTAL GSF General Services 58,962
1279
Fund Group $ 328,710 $ 325,685 58,965
TOTAL ALL BUDGET FUND GROUPS $ 328,710 $ 325,685 58,968
Section 94. SLG STATE AND LOCAL GOVERNMENT 58,971
COMMISSION OF OHIO 58,972
General Revenue Fund 58,974
GRF 046-321 Operating Expenses $ 258,143 $ 264,713 58,979
TOTAL GRF General Revenue Fund $ 258,143 $ 264,713 58,982
TOTAL ALL BUDGET FUND GROUPS $ 258,143 $ 264,713 58,985
Section 94.01. Local Government Y2K Loan Program 58,988
In addition to the duties in section 105.46 of the Revised 58,990
Code, the State and Local Government Commission shall assist the 58,991
Department of Development with the implementation Section 37.17 58,992
of this act, including but not limited to, the following 58,993
activities:
(A) Within fifteen days after the effective date of this 58,995
section, the commission shall send an official notification of 58,996
the program's availability to eligible counties, municipal 58,997
corporations, and townships. At a minimum, the notice shall 58,998
clearly identify the following information for the County Y2K 58,999
Loan Program and for the Municipal and Township Y2K Loan Program: 59,000
(1) General eligibility criteria; 59,002
(2) General application criteria; 59,004
(3) A Local Government Y2K Loan application form; 59,006
(4) The amount of moneys available through a county for 59,008
both the County Y2K Loan Program and the Municipal and Township 59,009
Y2K Loan Program and the moneys available to each county for 59,010
administering the programs. 59,011
The notice shall state that counties interested in 59,013
facilitating Y2K loan moneys for local governments in their 59,014
jurisdictions must respond within fifteen business days after 59,015
receipt of the notice from the commission. 59,016
(B) As soon as practicable, the commission shall provide 59,018
an awareness campaign to facilitate the application process to 59,019
eligible applicants. The commission shall be the liaison for 59,020
1280
the receipt of applications for both the County Y2K Loan Program 59,021
and for the Municipal and Township Y2K Loan Program, making sure 59,022
that each application is complete. For applications seeking 59,023
funding from the Municipal and Township Y2K Loan Program, a list 59,024
of local governments for which project moneys are sought and a 59,025
list of local governments for which project moneys were not 59,026
recommended shall be included. A county shall submit 59,027
applications for the Municipal and Township Y2K Loan Program at 59,028
the same time it submits applications for the County Y2K Loan 59,029
Program. The commission shall forward all applications to the 59,030
Department of Administrative Services Y2K Competency Center. 59,031
(C) The commission, in conjunction with the Department of 59,033
Development, shall provide funding award and funding denial 59,034
notices. If an application is approved, the Department of 59,035
Development and the commission shall send a letter of commitment 59,036
to the applicant and, if appropriate, to the applicable county, 59,037
to begin the funding process. If an application is disapproved, 59,038
the Y2K Competency Center shall notify the commission of the 59,039
reasons for disapproval, and the commission shall cite these 59,040
reasons for disapproval in a letter sent to the applicant. 59,041
(D) If the need for Y2K financial assistance in a county 59,043
or in municipal corporations and townships in the county is not 59,044
sufficient to use the moneys allotted to the county under the 59,045
County Y2K Loan Program or the Municipal and Township Y2K Loan 59,046
Program, the respective county or municipal corporations and 59,047
townships in that county may request that the State and Local 59,048
Government Commission grant a waiver to allow the county or 59,049
municipal corporations and townships in that county to access any 59,050
moneys available to the county under the Local Y2K Loan Program. 59,051
This section expires on January 1, 2001. 59,053
Section 95. BTA BOARD OF TAX APPEALS 59,055
General Revenue Fund 59,057
GRF 116-100 Personal Services $ 2,345,663 $ 2,259,296 59,062
GRF 116-200 Maintenance $ 130,350 $ 137,084 59,066
1281
GRF 116-300 Equipment $ 6,965 $ 35,275 59,070
TOTAL GRF General Revenue Fund $ 2,482,978 $ 2,431,655 59,073
General Services Fund Group 59,076
439 116-602 Reproduction of 59,079
Decisions $ 10,000 $ 10,300 59,081
TOTAL GSF General Services 59,082
Fund Group $ 10,000 $ 10,300 59,085
TOTAL ALL BUDGET FUND GROUPS $ 2,492,978 $ 2,441,955 59,088
Section 96. TAX DEPARTMENT OF TAXATION 59,091
General Revenue Fund 59,093
GRF 110-321 Operating Expenses $ 90,709,806 $ 89,657,969 59,098
GRF 110-410 Energy Credit 59,100
Administration $ 697,653 $ 694,814 59,102
GRF 110-412 Child Support 59,104
Administration $ 58,872 $ 60,285 59,106
GRF 110-506 Utility Bill Credits $ 7,500,000 $ 7,500,000 59,110
GRF 110-901 Property Tax 59,112
Allocation-Taxation $ 342,000,000 $ 362,140,000 59,114
GRF 110-906 Tangible Tax 59,116
Exemption - Taxation $ 28,000,000 $ 29,000,000 59,119
TOTAL GRF General Revenue Fund $ 468,966,331 $ 489,053,068 59,122
Agency Fund Group 59,124
425 110-635 Tax Refunds $1,041,325,000 $1,024,575,000 59,129
TOTAL AGY Agency Fund Group $1,041,325,000 $1,024,575,000 59,132
General Services Fund Group 59,135
433 110-602 Tape File Account $ 85,172 $ 87,557 59,140
TOTAL GSF General Services 59,141
Fund Group $ 85,172 $ 87,557 59,144
State Special Revenue Fund Group 59,147
4C6 110-616 International 59,150
Registration Plan $ 588,652 $ 622,127 59,152
4R6 110-610 Tire Tax 59,154
Administration $ 146,661 $ 150,768 59,156
1282
435 110-607 Local Tax 59,158
Administration $ 10,846,962 $ 11,108,705 59,160
436 110-608 Motor Vehicle Audit $ 1,525,384 $ 1,569,645 59,164
437 110-606 Litter Tax and 59,166
Natural Resource Tax
Administration $ 1,340,059 $ 1,374,701 59,168
438 110-609 School District 59,170
Income Tax $ 2,657,080 $ 2,711,122 59,172
639 110-614 Cigarette Tax 59,174
Enforcement $ 147,891 $ 151,711 59,176
642 110-613 Ohio Political Party 59,178
Distributions $ 800,000 $ 800,000 59,180
688 110-615 Local Excise Tax 59,182
Administration $ 335,218 $ 343,721 59,184
TOTAL SSR State Special Revenue 59,185
Fund Group $ 18,387,907 $ 18,832,500 59,188
Federal Special Revenue Fund Group 59,191
3J6 110-601 Motor Fuel Compliance $ 78,817 $ 50,000 59,196
3J7 110-603 International Fuel 59,198
Tax Agreement $ 92,471 $ 80,000 59,200
TOTAL FED Federal Special Revenue 59,201
Fund Group $ 171,288 $ 130,000 59,204
Holding Account Redistribution Fund Group 59,207
R10 110-611 Tax Distributions $ 200,000 $ 200,000 59,212
R11 110-612 Miscellaneous Income 59,214
Tax Receipts $ 500,000 $ 500,000 59,216
TOTAL 090 Holding Account 59,217
Redistribution Fund Group $ 700,000 $ 700,000 59,220
TOTAL ALL BUDGET FUND GROUPS $1,529,635,698 $1,533,378,125 59,223
Section 96.01. Litter Control Tax Administration Fund 59,226
Notwithstanding section 5733.12 of the Revised Code, during 59,228
the period from July 1, 1999, to June 30, 2000, the amount of 59,229
$1,340,059, and during the period from July 1, 2000, to June 30, 59,230
2001, the amount of $1,374,701, received by the Treasurer of 59,231
1283
State under Chapter 5733. of the Revised Code, shall be credited 59,232
to the Litter Control Tax Administration Fund (Fund 437). The
Director of Budget and Management shall provide the Treasurer of 59,233
State with a monthly schedule in accordance with which the 59,234
amounts shall be credited.
International Registration Plan Audit 59,236
The foregoing appropriation item 110-616, International 59,238
Registration Plan, shall be used pursuant to section 5703.12 of 59,239
the Revised Code for audits of persons with vehicles registered 59,241
under the International Registration Plan. 59,242
Section 96.02. Local Government Y2K Loan Program 59,244
In addition to the duties found in Chapter 1333. of the 59,246
Revised Code, the Tax Commissioner shall assist the Department of 59,247
Development with loan repayment activities of the Local 59,248
Government Y2K Loan Program, as prescribed in Section 37.17 of 59,249
this act, when needed.
This section expires on July 1, 2002. 59,251
Section 96.03. Homestead Exemption, Property Tax Rollback, 59,253
and Tangible Tax Exemption 59,254
The appropriation item 110-901, Property Tax Allocation - 59,256
Taxation, made to the Department of Taxation, is appropriated to 59,257
pay for the state's costs incurred due to the Homestead Exemption 59,258
and the Property Tax Rollback. The Tax Commissioner shall 59,259
distribute these funds directly to the appropriate local taxing 59,260
districts of the state, except for school districts,
notwithstanding the provisions in sections 321.24 and 323.156 of 59,261
the Revised Code, which provide for payment of the Homestead 59,262
Exemption and Property Tax Rollback by the Tax Commissioner to 59,263
the appropriate county treasurer and the subsequent 59,264
redistribution of these funds to the appropriate local taxing
districts by the county auditor. 59,265
The appropriation item 110-906, Tangible Tax Exemption - 59,267
Taxation, made to the Department of Taxation, is appropriated to 59,268
pay for the state's costs incurred due to the tangible personal 59,269
1284
property tax exemption required by division (C)(3) of section 59,270
5709.01 of the Revised Code. The Tax Commissioner shall
distribute to each county treasurer the total amount certified by 59,271
the county treasurer pursuant to section 319.311 of the Revised 59,272
Code for all local taxing districts located in the county except 59,273
for school districts, notwithstanding the provision in section 59,274
319.311 of the Revised Code which provides for payment of the 59,275
$10,000 tangible personal property tax exemption by the Tax
Commissioner to the appropriate county treasurer for all local 59,276
taxing districts located in the county including school 59,277
districts. Pursuant to division (G) of section 321.24 of the 59,278
Revised Code, the county auditor shall distribute the amount paid 59,279
by the Tax Commissioner among the appropriate local taxing 59,280
districts except for school districts.
Upon receipt of these amounts, each local taxing district 59,282
shall distribute the amount among the proper funds as if it had 59,283
been paid as real or tangible personal property taxes. Payments 59,284
for the costs of administration shall continue to be paid to the 59,285
county treasurer and county auditor as provided for in sections 59,286
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 59,288
appropriated in appropriation items 110-901, Property Tax 59,289
Allocation - Taxation, for the Homestead Exemption and the 59,290
Property Tax Rollback payments, and 110-906, Tangible Tax 59,291
Exemption, for the $10,000 tangible personal property tax
exemption payments, which are determined to be necessary for 59,292
these purposes, are hereby appropriated. 59,293
Section 97. DOT DEPARTMENT OF TRANSPORTATION 59,295
Transportation Modes 59,296
General Revenue Fund 59,298
GRF 775-451 Public Transportation 59,301
- State $ 27,970,941 $ 28,589,210 59,303
GRF 775-453 Waterfront Line Lease 59,305
Payments - State $ 1,781,000 $ 1,786,000 59,307
1285
GRF 775-456 Public 59,309
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 59,312
GRF 775-458 Elderly and Disabled 59,314
Fare Assistance $ 3,285,159 $ 3,364,000 59,316
GRF 776-465 Ohio Rail Development 59,318
Commission $ 5,805,000 $ 5,780,800 59,320
GRF 777-471 Airport Improvements 59,322
- State $ 4,605,000 $ 2,679,525 59,324
GRF 777-473 Rickenbacker Lease 59,326
Payments - State $ 995,000 $ 997,000 59,328
TOTAL GRF General Revenue Fund $ 47,818,000 $ 46,653,457 59,331
Federal Special Revenue Fund Group 59,334
3B9 776-662 Rail Transportation - 59,337
Federal $ 1,000,000 $ 1,000,000 59,339
TOTAL FSR Federal Special Revenue 59,340
Fund Group $ 1,000,000 $ 1,000,000 59,343
State Special Revenue Fund Group 59,346
5E7 775-657 Transit Capital Funds $ 9,000,000 $ 9,000,000 59,351
4N4 776-663 Panhandle Lease 59,353
Payments $ 769,000 $ 770,000 59,355
4N4 776-664 Rail Transportation - 59,357
Other $ 500,000 $ 500,000 59,359
TOTAL SSR State Special Revenue 59,360
Fund Group $ 10,269,000 $ 10,270,000 59,363
TOTAL ALL BUDGET FUND GROUPS $ 59,087,000 $ 57,923,457 59,366
Aviation Lease Payments 59,369
The foregoing appropriation item 777-473, Rickenbacker 59,371
Lease Payments - State, shall be used to meet scheduled payments 59,372
for the Rickenbacker Port Authority. The Director of 59,373
Transportation shall certify to the Director of Budget and 59,374
Management any appropriations in appropriation item 777-473, 59,375
Rickenbacker Lease Payments - State, that are not needed to make 59,376
lease payments for the Rickenbacker Port Authority. 59,377
1286
Notwithstanding section 127.14 of the Revised Code, the amount 59,378
certified may be transferred by the Director of Budget and 59,379
Management to appropriation item 777-471, Airport Improvements - 59,380
State.
Transfer of Appropriations - Public Transportation 59,382
The Director of Budget and Management may approve requests 59,384
from the Department of Transportation for the transfer of 59,385
appropriations among appropriation item 775-451, Public 59,386
Transportation - State, appropriation item 775-456, Public
Transportation/Discretionary Capital, and appropriation item 59,387
775-458, Elderly and Disabled Fare Assistance. Transfers among 59,388
appropriation items shall be made upon the written request of the 59,390
Director of Transportation with the approval of the Director of 59,392
Budget and Management. Such transfers shall be reported to the 59,393
Controlling Board at the next regularly scheduled meeting of the 59,394
board.
Indigent Highway Victims Program Payment 59,396
The Department of Transportation is authorized to use 59,398
appropriation item 779-491, State Administration, from the 59,399
Highway Operating Fund to make a payment of $5,772 to Lakewood 59,400
Hospital in Cuyahoga County for services provided by the hospital 59,401
in Fiscal Year 1997 under the former Indigent Persons Care 59,402
Program which was administered by the Department of Health. 59,403
Payment of $5,772 to Lakewood Hospital shall be funded with 59,404
$5,772, which the Department of Health deposited into Fund 002 59,405
after collecting moneys that were mistakenly paid to another 59,406
hospital.
Section 98. TOS TREASURER OF STATE 59,408
General Revenue Fund 59,410
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 59,415
GRF 090-401 Commissioners of the 59,417
Sinking Fund $ 370,530 $ 381,400 59,419
GRF 090-402 Continuing Education $ 413,278 $ 442,207 59,423
GRF 090-510 PERS Cost of Living $ 136 $ 100 59,427
1287
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 59,431
GRF 090-512 SERS Cost of Living $ 600 $ 600 59,435
GRF 090-520 PERS Pension Benefits $ 77,470 $ 25,850 59,439
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 59,443
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 59,447
GRF 090-523 Highway Patrol 59,449
Retirement System $ 4,156 $ 4,050 59,451
GRF 090-524 Police and Fire 59,453
Disability Pension $ 50,000 $ 45,000 59,455
GRF 090-530 PERS Ad Hoc Cost of 59,457
Living $ 616,410 $ 472,897 59,459
GRF 090-531 STRS Ad Hoc Cost of 59,461
Living $ 1,600,000 $ 1,500,000 59,463
GRF 090-532 SERS Ad Hoc Cost of 59,465
Living $ 236,000 $ 213,000 59,467
GRF 090-533 Hwy Patrol Ad Hoc 59,469
Cost of Living $ 24,990 $ 24,800 59,471
GRF 090-534 Police & Fire Ad Hoc 59,473
Cost of Living $ 325,000 $ 300,000 59,475
GRF 090-544 Police and Fire State 59,477
Contribution $ 1,200,000 $ 1,200,000 59,479
GRF 090-554 Police and Fire 59,481
Survivor Benefits $ 1,740,000 $ 1,670,000 59,483
GRF 090-575 Police and Fire Death 59,485
Benefits $ 19,980,000 $ 21,280,000 59,487
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 59,491
TOTAL GRF General Revenue Fund $ 157,316,656 $ 167,600,937 59,494
General Services Fund Group 59,497
182 090-608 Financial Planning 59,500
Commissions $ 12,000 $ 12,000 59,502
4E9 090-603 Securities Lending 59,504
Income Fund $ 5,185,804 $ 6,169,140 59,506
4NO 090-611 Treasury Education 59,508
Fund $ 27,500 $ 27,500 59,510
1288
577 090-605 Investment Pool 59,512
Reimbursement $ 1,000,000 $ 750,000 59,514
605 090-609 Treasurer of State 59,516
Administrative Fund $ 850,000 $ 600,000 59,518
TOTAL GSF General Services 59,519
Fund Group $ 7,075,304 $ 7,558,640 59,522
Debt Service Fund Group 59,525
077 090-900 Capital Improvements 59,528
Bond Service $ 122,500,000 $ 132,365,000 59,530
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 59,533
State Special Revenue Fund Group 59,535
5C5 090-602 County Treasurer 59,538
Education $ 110,000 $ 110,000 59,540
TOTAL SSR State Special Revenue 59,541
Fund Group $ 110,000 $ 110,000 59,544
TOTAL ALL BUDGET FUND GROUPS $ 287,001,960 $ 307,634,577 59,547
Section 98.01. Commissioners of the Sinking Fund 59,550
The foregoing appropriation item 090-401, Commissioners of 59,552
the Sinking Fund, shall be used for all costs incurred by order 59,553
of, or on behalf of, the Commissioners of the Sinking Fund, with 59,554
respect to the issuance and sale of bonds or other obligations, 59,555
including, but not limited to, engraving, printing, advertising, 59,556
and other related outlays. The General Revenue Fund shall be 59,557
reimbursed for such costs on intrastate transfer voucher drawn by 59,559
the Commissioners of the Sinking Fund, pursuant to a
certification by the Treasurer of State of the actual amounts 59,561
used. The amounts necessary to make such reimbursements are 59,562
hereby appropriated from the bond retirement funds created by the 59,563
laws and Constitution of this state to the extent such costs are 59,564
incurred.
Capital Improvements Bond Service 59,566
The foregoing appropriation item 090-900, Capital 59,568
Improvements Bond Service, shall be used for the purpose of 59,569
paying the principal and interest on General Obligation 59,570
1289
Infrastructure Improvement Bonds issued pursuant to the Ohio 59,571
Constitution and acts of the General Assembly. If it is 59,572
determined that additional appropriations are necessary, such 59,573
amounts are hereby appropriated. 59,574
Section 98.02. Police and Firemen's Death Benefit Fund 59,577
The foregoing appropriation item 090-575, Police and Fire 59,579
Death Benefits, shall be disbursed by the Treasurer of State in 59,580
quarterly payments at the beginning of each quarter to the Board 59,581
of Trustees of the Police and Firemen's Disability and Pension 59,582
Fund. By the twentieth day of June of each year, the Board of 59,583
Trustees of the Police and Firemen's Disability and Pension Fund 59,584
shall certify to the Treasurer of State the amount disbursed in 59,585
each quarter of the current fiscal year to make the payments 59,586
required by section 742.63 of the Revised Code and shall return 59,587
to the Treasurer of State moneys received from this item but not 59,588
disbursed.
Section 99. UST PETROLEUM UNDERGROUND STORAGE TANK 59,590
RELEASE COMPENSATION BOARD 59,591
State Special Revenue Fund Group 59,593
691 810-632 PUSTRCB Staff $ 908,000 $ 927,924 59,598
TOTAL SSR State Special Revenue 59,599
Fund Group $ 908,000 $ 927,924 59,602
TOTAL ALL BUDGET FUND GROUPS $ 908,000 $ 927,924 59,605
Section 100. OVH OHIO VETERANS' HOME 59,608
General Revenue Fund 59,610
GRF 430-100 Personal Services $ 13,756,623 $ 13,678,901 59,615
GRF 430-200 Maintenance $ 5,077,497 $ 5,259,631 59,619
TOTAL GRF General Revenue Fund $ 18,834,120 $ 18,938,532 59,622
Federal Special Revenue Fund Group 59,625
3L2 430-601 Federal Grants $ 7,949,495 $ 7,949,495 59,630
TOTAL FED Federal Special Revenue 59,631
Fund Group $ 7,949,495 $ 7,949,495 59,634
State Special Revenue Fund Group 59,637
1290
4E2 430-602 Veterans Home 59,640
Operating $ 4,400,000 $ 4,300,000 59,642
484 430-603 Rental and Service 59,644
Revenue $ 102,300 $ 104,755 59,646
604 430-604 Veterans Home 59,648
Improvement $ 593,175 $ 607,411 59,650
TOTAL SSR State Special Revenue 59,651
Fund Group $ 5,095,475 $ 5,012,166 59,654
TOTAL ALL BUDGET FUND GROUPS $ 31,879,090 $ 31,900,193 59,657
Section 101. VET VETERANS' ORGANIZATIONS 59,660
General Revenue Fund 59,662
VAP AMERICAN EX-PRISONERS OF WAR 59,663
GRF 743-501 State Support $ 24,444 $ 25,030 59,668
VAN ARMY AND NAVY UNION, USA, INC. 59,670
GRF 746-501 State Support $ 53,723 $ 55,012 59,675
VKW KOREAN WAR VETERANS 59,677
GRF 747-501 State Support $ 48,294 $ 49,453 59,682
VJW JEWISH WAR VETERANS 59,684
GRF 748-501 State Support $ 29,018 $ 29,715 59,689
VCW CATHOLIC WAR VETERANS 59,691
GRF 749-501 State Support $ 56,631 $ 57,990 59,696
VPH MILITARY ORDER OF THE PURPLE HEART 59,698
GRF 750-501 State Support $ 55,056 $ 56,377 59,703
VVV VIETNAM VETERANS OF AMERICA 59,705
GRF 751-501 State Support $ 177,947 $ 185,954 59,710
VAL AMERICAN LEGION OF OHIO 59,712
GRF 752-501 State Support $ 241,462 $ 252,328 59,717
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 59,719
GRF 753-501 State Support $ 728,535 $ 237,919 59,724
VAV DISABLED AMERICAN VETERANS 59,726
GRF 754-501 State Support $ 159,146 $ 166,308 59,731
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 59,733
GRF 755-501 State Support $ 4,127 $ 4,226 59,738
VMC MARINE CORPS LEAGUE 59,740
1291
GRF 756-501 State Support $ 82,270 $ 85,972 59,745
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 59,747
GRF 757-501 State Support $ 5,807 $ 5,946 59,752
VFW VETERANS OF FOREIGN WARS 59,754
GRF 758-501 State Support $ 163,846 $ 196,615 59,759
VWI VETERANS OF WORLD WAR I 59,761
GRF 759-501 State Support $ 24,444 $ 25,031 59,766
TOTAL GRF General Revenue Fund $ 1,854,750 $ 1,433,876 59,769
TOTAL ALL BUDGET FUND GROUPS $ 1,854,750 $ 1,433,876 59,772
Release of Funds 59,775
The foregoing appropriation items 743-501, 746-501, 59,777
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 59,778
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 59,779
Support, shall be released upon approval by the Director of 59,780
Budget and Management.
American Ex-Prisoners of War 59,782
The American Ex-Prisoners of War shall be permitted to 59,784
share an office with the Veterans of World War I. 59,785
Central Ohio United Services Organization 59,787
Of the foregoing appropriation item 751-501, State Support, 59,789
Vietnam Veterans of America, $50,000 in each fiscal year shall be 59,791
used to support the activities of the Central Ohio USO. 59,792
National World War II Memorial Fund 59,794
Of the foregoing appropriation item 753-501, State Support, 59,796
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 59,797
2000 shall be used for the contribution to the National World War 59,798
II Memorial Fund. The Director of Budget and Management shall 59,799
not release any funds for the National World War II Memorial 59,800
until the project has commenced construction and the national
capital campaign has received ninety per cent of its goal through 59,801
cash received or commitments. 59,802
Veterans Service Commission Education 59,804
Of the foregoing appropriation item 753-501, State Support, 59,806
up to $20,000 in each fiscal year may be used to provide moneys 59,807
1292
to the Association of County Veterans Service Commissioners to 59,808
reimburse its member county veterans service commissions for 59,809
costs incurred in carrying out educational and outreach duties 59,810
required under divisions (E) and (F) of section 5901.03 of the 59,811
Revised Code. Upon the presentation of an itemized statement to 59,812
the Office of Veterans Affairs, the office shall direct the 59,813
Auditor of State to issue a warrant upon the state treasury to 59,814
the association to reimburse member commissions for reasonable 59,815
and appropriate expenses incurred performing these duties. The 59,816
association shall establish uniform procedures for reimbursing 59,817
member commissions.
Section 102. DVM STATE VETERINARY MEDICAL BOARD 59,819
General Services Fund Group 59,821
4K9 888-609 Operating Expenses $ 476,815 $ 470,773 59,826
TOTAL GSF General Services 59,827
Fund Group $ 476,815 $ 470,773 59,830
TOTAL ALL BUDGET FUND GROUPS $ 476,815 $ 470,773 59,833
Section 103. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 59,836
General Revenue Fund 59,838
GRF 920-321 Operating Expenses $ 256,395 $ 256,836 59,843
TOTAL GRF General Revenue Fund $ 256,395 $ 256,836 59,846
State Special Revenue Fund Group 59,849
4V9 920-602 Women's Policy and 59,852
Research Commission
Fund $ 5,000 $ 5,000 59,854
TOTAL SSR State Special Revenue 59,855
Fund Group $ 5,000 $ 5,000 59,858
TOTAL ALL BUDGET FUND GROUPS $ 261,395 $ 261,836 59,861
Women's Policy and Research Commission Spending Review 59,864
The Women's Policy and Research Commission shall explore, 59,866
with The Ohio State University or any other state university, 59,867
better options for utilizing state resources provided to the 59,868
commission. The commission shall make spending efficiency 59,869
recommendations to the Governor and the General Assembly by June
1293
30, 2000. 59,870
Section 104. DYS DEPARTMENT OF YOUTH SERVICES 59,872
General Revenue Fund 59,874
GRF 470-401 RECLAIM Ohio $ 148,126,420 $ 156,117,444 59,879
GRF 470-402 Community Program 59,881
Services $ 2,422,163 $ 2,418,255 59,883
GRF 470-404 Vocational 59,885
Rehabilitation $ 262,144 $ 268,435 59,887
GRF 470-412 Lease Rental Payments $ 13,675,000 $ 16,300,000 59,891
GRF 470-501 Rehabilitation 59,893
Subsidy $ 2,271,193 $ 2,147,431 59,895
GRF 470-502 Detention Subsidy $ 5,884,408 $ 5,963,264 59,899
GRF 470-510 Youth Services $ 21,245,799 $ 21,755,698 59,903
GRF 472-321 Parole Operations $ 16,529,366 $ 16,920,719 59,907
GRF 474-321 Facilities Activation $ 3,000,000 $ 0 59,911
GRF 477-321 Administrative 59,913
Operations $ 13,574,689 $ 13,892,543 59,915
GRF 477-406 Interagency 59,917
Collaborations $ 250,000 $ 250,000 59,919
TOTAL GRF General Revenue Fund $ 227,241,182 $ 236,033,789 59,922
General Services Fund Group 59,925
175 470-613 Education 59,928
Reimbursement $ 8,234,088 $ 8,433,953 59,930
4A2 470-602 Child Support $ 207,192 $ 302,659 59,934
4G6 470-605 General Operational 59,936
Funds $ 10,000 $ 10,000 59,938
479 470-609 Employee Food Service $ 142,613 $ 140,263 59,942
523 470-621 Wellness Program $ 63,800 $ 63,800 59,946
TOTAL GSF General Services 59,947
Fund Group $ 8,657,693 $ 8,950,675 59,950
Federal Special Revenue Fund Group 59,953
321 470-601 Education $ 1,267,834 $ 1,653,736 59,958
321 470-603 Juvenile Justice 59,960
Prevention $ 1,134,083 $ 1,129,410 59,962
1294
321 470-606 Nutrition $ 2,719,093 $ 2,795,228 59,966
321 470-610 Rehabilitation 59,967
Programs $ 179,326 $ 179,326 59,969
321 470-614 Title IV-E 59,971
Reimbursements $ 5,628,234 $ 5,417,088 59,973
321 470-617 Americorps Programs $ 248,617 $ 248,617 59,976
TOTAL FED Federal Special Revenue 59,977
Fund Group $ 11,177,187 $ 11,423,405 59,980
State Special Revenue Fund Group 59,983
147 470-612 Vocational Education $ 1,864,791 $ 1,911,569 59,988
TOTAL SSR State Special Revenue 59,989
Fund Group $ 1,864,791 $ 1,911,569 59,992
TOTAL ALL BUDGET FUND GROUPS $ 248,940,853 $ 258,319,438 59,995
Ohio Building Authority Lease Payments 59,998
The foregoing appropriation item 470-412, Lease Rental 60,000
Payments, in the Department of Youth Services, shall be used for 60,001
payments, limited to the aggregate amount of $29,975,000, to the 60,002
Ohio Building Authority for the period from July 1, 1999, to June 60,003
30, 2001, pursuant to the primary leases and agreements for 60,004
facilities made under Chapter 152. of the Revised Code which are 60,005
the source of funds pledged for bond service charges on related 60,006
obligations issued pursuant to Chapter 152. of the Revised Code. 60,007
RECLAIM Ohio 60,009
In determining the amount of moneys necessary to fund the 60,011
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal 60,012
years 2000 and 2001, the Department of Youth Services shall 60,013
compute the number of state target youth for each fiscal year. 60,014
As defined in section 5139.01 of the Revised Code, "state target 60,016
youth" means twenty-five per cent of the projected total number 60,017
of felony-level delinquency adjudications in the juvenile courts 60,018
for each year of a biennium, factoring in revocations and 60,019
recommitments. The foregoing appropriation item 470-401, RECLAIM 60,020
Ohio, shall provide for an amount not less than $98 per day for 60,021
each state target youth or not less than $20,000 per year for 60,022
1295
each state target youth for each year of the biennium. 60,023
Of the foregoing appropriation item 470-401, RECLAIM Ohio, 60,025
$50,000 in each fiscal year shall be distributed to Lighthouse 60,026
Youth Services.
Community Program Services 60,028
Of the foregoing appropriation item 470-402, Community 60,030
Program Services, $25,000 in each fiscal year shall be used for 60,031
the City of Cincinnati parental responsibility program. Of the 60,032
foregoing appropriation item 470-402, Community Program Services, 60,033
$25,000 in fiscal year 2000 shall be distributed to the Artworks 60,034
Youth Employment Program. Of the foregoing appropriation item 60,035
470-402, Community Program Services, $35,000 in fiscal year 2000 60,036
shall be distributed to the Mahoning County Boys and Girls Club. 60,037
Vocational Rehabilitation 60,039
The Department of Youth Services and the Rehabilitation 60,041
Services Commission shall enter into an interagency agreement for 60,042
the provision of vocational rehabilitation services and staff to 60,043
mutually eligible clients. The foregoing appropriation item 60,044
470-404, Vocational Rehabilitation, shall be used to provide 60,045
vocational rehabilitation services and staff in accordance with 60,046
the interagency agreement. The Department of Youth Services may 60,047
transfer additional moneys to appropriation item 470-404, 60,048
Vocational Rehabilitation, with Controlling Board approval. 60,049
Detention Subsidy 60,051
Notwithstanding any law or rule to the contrary, of the 60,053
foregoing appropriation item 470-502, Detention Subsidy, $235,000 60,054
in fiscal year 2000 shall be distributed to the Muskingum County 60,055
Detention Center. 60,056
Employee Food Service and Equipment 60,058
Notwithstanding section 125.14 of the Revised Code, the 60,060
foregoing appropriation item 470-609, Employee Food Service, may 60,061
be used to purchase any food operational items with funds 60,062
received into the fund from reimbursement for state surplus 60,063
property.
1296
Education Reimbursement 60,065
The foregoing appropriation item 470-613, Education 60,067
Reimbursement, shall be used to fund the operating expenses of 60,068
providing educational services to youth supervised by the 60,069
Department of Youth Services. Operating expenses include, but 60,070
are not limited to, teachers' salaries, maintenance costs, and 60,071
educational equipment. This appropriation item shall not be used 60,072
for capital expenses. 60,073
Financial Assistance for Juvenile Rehabilitation and 60,075
Treatment Facilities
Pursuant to section 5139.28 of the Revised Code, grants 60,077
awarded for financial assistance for the operation and 60,078
maintenance of schools or other facilities shall be in an amount 60,079
not to exceed one-half of the cost of operating and maintaining 60,080
such schools or facilities, but may not exceed in any one month 60,082
$540 multiplied by the average daily enrollment in each fiscal 60,083
year.
Financial Assistance for Juvenile Detention Facilities 60,085
Pursuant to section 5139.281 of the Revised Code, funding 60,087
provided to a county for the operation and maintenance of each 60,088
home shall be in an amount of fifty per cent of the approved 60,089
annual operating cost, but shall not be in excess of $156,928 in 60,090
each fiscal year. 60,091
Section 105. Investment Earnings on Tobacco Master 60,093
Settlement Agreement Fund 60,094
All investment earnings on moneys deposited in the Tobacco 60,096
Master Settlement Agreement Fund (Fund 087), which was created by 60,097
the Controlling Board on March 15, 1999, shall be credited to the 60,098
Tobacco Master Settlement Agreement Fund (Fund 087). On July 1, 60,099
1999, or as soon thereafter as possible, the Director of Budget 60,100
and Management shall transfer the investment earnings on Fund 087 60,101
for fiscal year 1999, which were credited to the General Revenue
Fund, from the General Revenue Fund to Fund 087. 60,102
Section 106. OPLIN Technology Fund 60,104
1297
The Director of Budget and Management shall transfer any 60,106
amount remaining in the OPLIN Technology Fund at the end of 60,107
fiscal year 1999 to the General Revenue Fund. 60,108
Section 107. Local OBES/ODHS Integration Initiatives 60,110
In anticipation of the merger of the Ohio Department of 60,112
Human Services (ODHS) and the Ohio Bureau of Employment Services 60,113
(OBES) into the Ohio Department of Job and Family Services, and 60,114
as part of the implementation of the federal Work Force 60,115
Investment Act (WIA), local integration initiatives may be
established jointly by OBES and ODHS in fiscal year 2000 or 2001. 60,116
In one or more of the initiatives, a local work force development 60,117
board may be created and appointed by local elected officials to 60,118
replace the current existing service delivery areas (SDAs) - 60,119
private industry council (PIC), the job service employer
committee, and the county human services planning committee, and 60,120
to serve as the federally required work force investment board if 60,122
the area qualifies. In serving in that capacity for the
aforementioned boards, the work force development board shall 60,123
provide direct oversight of the funding and operations of 60,124
programs such as the Ohio Works First Program, Job Training 60,125
Partnership Act (JTPA)/(WIA) Programs, and other State of Ohio
employment and training/work force development activities carried 60,126
out by the Ohio Bureau of Employment Services and the local 60,127
county department of human services. A work force development 60,128
board that replaces a county human services planning committee 60,129
shall perform the committee's duties under sections 307.98, 60,130
329.02, and 329.06 of the Revised Code. The initiatives may be 60,131
expanded to include surrounding counties with the approval of 60,132
local elected officials and the Directors of the Ohio Department 60,133
of Human Services and the Ohio Bureau of Employment Services. In
addition to these oversight functions, the work force development 60,134
board through the State of Ohio and local partners shall provide 60,135
planning and coordination related to all vocational, educational, 60,136
and employment and training programs requiring coordination under 60,137
1298
the WIA within the county. The local board of county 60,139
commissioners or other local elected officials shall perform the 60,140
administrative functions for the local initiatives and provide
monthly information to the Directors of ODHS and OBES concerning 60,141
the operational issues, services, finances, and performance 60,142
measures that must be correctly addressed for successful 60,143
implementation of the Work Force Investment Act.
Section 108. Adult Emergency Assistance Program 60,145
Appropriations in appropriation item 400-512, Non-TANF 60,147
Emergency Assistance, in fiscal year 2000 and appropriations in 60,149
appropriation item 600-512, Non-TANF Emergency Assistance, in 60,150
fiscal year 2001 shall be used for the Adult Emergency Assistance 60,151
Program established under section 5101.86 of the Revised Code. 60,152
Section 109. Expenditure of Funds 60,154
Any moneys which the Controlling Board authorizes for 60,156
expenditure pursuant to section 131.35 of the Revised Code are 60,157
hereby appropriated for the period ending June 30, 2001. 60,158
Section 110. Unexpected Refunds 60,160
Any refunds which the Controlling Board authorizes pursuant 60,162
to section 131.39 of the Revised Code are hereby appropriated for 60,163
the period ending June 30, 2001. 60,164
Section 111. Personal Service Expenses 60,166
Unless otherwise prohibited by law, each appropriation in 60,168
this act from which personal service expenses are paid shall bear 60,169
the employer's share of public employees' retirement, workers' 60,170
compensation, disabled workers' relief, and all group insurance 60,171
programs; the costs of centralized accounting, centralized 60,172
payroll processing, and related personnel reports and services; 60,173
the cost of the Office of Collective Bargaining; the cost of the 60,174
Personnel Board of Review; the cost of the Employee Assistance 60,175
Program; the cost of the Equal Opportunity Center; the costs of 60,176
interagency information management infrastructure; and the cost 60,177
of administering the state employee merit system as required by 60,178
section 124.07 of the Revised Code. Such costs shall be 60,179
1299
determined in conformity with appropriate sections of law and 60,180
paid in accordance with procedures specified by the Office of 60,181
Budget and Management. Expenditures from appropriation item 60,182
070-601, Public Audit Expense - Local Government, in Fund 422 may 60,183
be exempt from the requirements of this section. 60,184
Section 112. Reissuance of Voided Warrants 60,186
In order to provide funds for the reissuance of voided 60,188
warrants pursuant to section 117.47 of the Revised Code, there is 60,189
hereby appropriated, out of moneys in the state treasury from the 60,190
fund credited as provided in section 117.47 of the Revised Code, 60,191
that amount sufficient to pay such warrants when approved by the 60,192
Office of Budget and Management. 60,193
Section 113.* Capital Project Settlements 60,195
This section specifies an additional and supplemental 60,197
procedure to provide for payments of judgments and settlements if 60,198
the Director of Budget and Management determines, pursuant to 60,199
division (C)(4) of section 2743.19 of the Revised Code, that 60,200
sufficient unencumbered moneys do not exist in the particular 60,201
appropriation to pay the amount of a final judgment rendered 60,202
against the state or a state agency, including the settlement of 60,203
a claim approved by a court, in an action upon and arising out of 60,204
a contractual obligation for the construction or improvement of a 60,205
capital facility if the costs under such contract were payable in 60,206
whole or in part from a state capital projects appropriation. In 60,207
such a case, the director may either proceed pursuant to division 60,208
(C)(4) of section 2743.19 of the Revised Code, or apply to the 60,209
Controlling Board to increase an appropriation or create an 60,211
appropriation out of any unencumbered moneys in the state 60,212
treasury to the credit of the capital projects fund from which 60,213
the initial state appropriation was made. The Controlling Board 60,214
may approve or disapprove the application as submitted or 60,215
modified. The amount of an increase in appropriation or new 60,216
appropriation specified in an application approved by the 60,217
Controlling Board is hereby appropriated from the applicable 60,218
1300
capital projects fund and made available for the payment of the 60,219
judgment or settlement.
If the director does not make the application authorized by 60,221
this section or the Controlling Board disapproves the 60,222
application, and the director does not make application pursuant 60,223
to division (C)(4) of section 2743.19 of the Revised Code, the 60,224
director shall for the purpose of making that payment request to 60,225
the General Assembly as provided for in division (C)(5) of that 60,226
section.
Section 114. Income Tax Distribution to Counties 60,228
There are hereby appropriated out of any moneys in the 60,230
state treasury to the credit of the General Revenue Fund, which 60,231
are not otherwise appropriated, funds sufficient to make any 60,232
payment required by division (B)(2) of section 5747.03 of the 60,233
Revised Code. 60,234
Section 115. Satisfaction of Judgments and Settlements 60,236
Against the State 60,237
An appropriation contained in this act may be used for the 60,239
purpose of satisfying judgments or settlements in connection with 60,240
civil actions against the state in federal court not barred by 60,241
sovereign immunity or the Eleventh Amendment to the Constitution 60,242
of the United States, or for the purpose of satisfying judgments, 60,243
settlements, or administrative awards ordered or approved by the 60,244
Court of Claims in connection with civil actions against the 60,245
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 60,246
appropriations to be applied to or used for payment of guarantees 60,247
by or on behalf of the state, for or relating to lease payments 60,248
or debt service on bonds, notes, or similar obligations and those 60,249
from the Sports Facilities Building Fund (Fund 024), the Highway 60,250
Safety Building Fund (Fund 025), the Administrative Building Fund 60,251
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 60,252
Juvenile Correctional Building Fund (Fund 028), the 60,253
Transportation Building Fund (Fund 029), the Arts Facilities
1301
Building Fund (Fund 030), the Natural Resources Projects Fund 60,254
(Fund 031), the School Building Program Assistance Fund (Fund 60,255
032), the Mental Health Facilities Improvement Fund (Fund 033), 60,256
the Higher Education Improvement Fund (Fund 034), the Parks and 60,257
Recreation Improvement Fund (Fund 035), the State Capital 60,258
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 60,260
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 60,261
state to suit in any forum in which it is not otherwise subject 60,262
to suit, nor is it intended to waive or compromise any defense or 60,263
right available to the state in any suit against it. 60,264
Section 116.* Utility Radiological Safety Board 60,266
Assessments
The maximum amounts that may be assessed against nuclear 60,268
electric utilities in accordance with division (B)(2) of section 60,269
4937.05 of the Revised Code are as follows: 60,270
FY 2000 FY 2001 60,272
Department of Agriculture 60,274
Fund 4E4 Utility Radiological 60,276
Safety $100,211 $99,733
Department of Health 60,279
Fund 610 Radiation Emergency 60,281
Response $920,982 $921,584 60,282
Environmental Protection Agency 60,285
Fund 644 ER Radiological Safety $183,380 $184,893 60,287
Emergency Management Agency 60,290
Fund 657 Utility Radiological 60,292
Safety $822,079 $806,339 60,293
Section 117. Occupational and Licensing Board Fund 60,296
Transfers
Notwithstanding any other provision of law to the contrary, 60,298
the Director of Budget and Management shall transfer any 60,299
remaining amounts of cash from the specified obsolete funds to 60,300
1302
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 60,301
thirty days of the effective date of this section: State Board 60,302
of Cosmetology, Fund 4D3 Cosmetology Adjudication Fund. 60,303
Section 118. Lease Payments to OPFC, OBA, and Treasurer of 60,305
State
Certain appropriations are in this act for the purpose of 60,307
lease payments to the Ohio Public Facilities Commission, to the 60,309
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 60,312
by the Ohio Public Facilities Commission, the Ohio Building 60,313
Authority, or the Treasurer of State pursuant to the Ohio 60,316
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 60,317
purpose, such amounts are hereby appropriated. 60,318
Section 119. State and Local Rebate Authorization 60,320
There is hereby appropriated, from those funds designated 60,322
by or pursuant to the applicable proceedings authorizing the 60,323
issuance of state obligations, amounts computed at the time to 60,324
represent the portion of investment income to be rebated or 60,325
amounts in lieu of or in addition to any rebate amount to be paid 60,326
to the federal government in order to maintain the exclusion from 60,327
gross income for federal income tax purposes of interest on those 60,328
state obligations pursuant to Section 148(f) of the Internal 60,329
Revenue Code. 60,330
Appropriations shall be posted and disbursed for these 60,332
purposes upon request and presentation of a voucher to the 60,333
Director of Budget and Management. 60,334
Section 120. Transfers of Cash and Outstanding Encumbrance 60,336
Balances
Any appropriation authority required by the Director of 60,338
Budget and Management to reestablish encumbrances in a fund or 60,339
appropriation item within an agency or between agencies pursuant 60,340
to section 126.15 of the Revised Code is hereby authorized and 60,341
appropriated.
1303
Section 121. Federal Cash Management Improvement Act 60,343
Pursuant to the plan for compliance with the Federal Cash 60,345
Management Improvement Act required by section 131.36 of the 60,346
Revised Code, the Director of Budget and Management is authorized 60,347
to cancel and reestablish all or parts of encumbrances in like 60,348
amounts within the funds identified by the plan. Such amounts 60,349
necessary to reestablish all or parts of encumbrances are hereby 60,350
appropriated. 60,351
Section 122. Statewide Indirect Cost Recovery 60,353
Whenever the Director of Budget and Management determines 60,355
that an appropriation made to a state agency from a fund of the 60,356
state is insufficient to provide for the recovery of statewide 60,357
indirect costs pursuant to section 126.12 of the Revised Code, 60,358
the amount required for such purpose is hereby appropriated from 60,359
the available receipts of such fund. 60,360
Section 123. Investment Income 60,362
(A) Notwithstanding section 131.41 of the Revised Code, in 60,364
both fiscal year 2000 and fiscal year 2001, investment income of 60,365
the Human Services Stabilization Fund (HSSF) shall be credited to 60,366
the state General Revenue Fund. 60,367
(B) Notwithstanding section 113.09 of the Revised Code, in 60,369
both fiscal year 2000 and fiscal year 2001, the first $12 million 60,370
in investment income from the Budget Stabilization Fund shall be 60,371
transferred by the Director of Budget and Management to Fund 646, 60,372
Low and Moderate Income Housing Trust Fund. 60,373
(1) In each fiscal year, there shall be four transfers by 60,375
the Director of Budget and Management of the investment income to 60,376
the Low and Moderate Income Housing Trust Fund. 60,377
(2) The first such transfer in each fiscal year shall be 60,379
in October, after the first quarter of investment earnings has 60,380
been credited to the Budget Stabilization Fund. The second 60,381
transfer in each fiscal year shall be in January, after the 60,382
second quarter of investment earnings has been credited to the 60,383
Budget Stabilization Fund. The third transfer in each fiscal year 60,384
1304
shall be in April, after the third quarter of investment earnings 60,385
has been credited to the Budget Stabilization Fund. The fourth 60,386
transfer in each fiscal year shall be in June, after the fourth 60,387
quarter of investment earnings has been credited to the Budget 60,388
Stabilization Fund.
Section 124. Transfers of Fiscal Year 1999 GRF Ending 60,390
Balances
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 60,392
of section 131.44 of the Revised Code, fiscal year 1999 surplus 60,393
revenue shall be distributed as provided in division (B) of this 60,394
section.
(B)(1) The first $85,400,000 of such surplus revenue shall 60,396
be transferred from the General Revenue Fund to Fund 4Y4, the 60,397
SchoolNet Plus Fund, in the SchoolNet Commission. 60,398
(2) The next $4,600,000 of such surplus revenue shall be 60,400
transferred to Fund 5G0, Interactive Video Distance Learning. 60,401
(3) The next $325,700,000 of such surplus revenue shall be 60,403
transferred to Fund 021, the Public School Building Fund, and 60,405
such amount is hereby appropriated to item CAP-622, Public School 60,407
Buildings, in the School Facilities Commission. Such 60,408
appropriation shall become available on the ninety-first day
after this act is filed with the Secretary of State. The School 60,409
Facilities Commission may set aside up to twenty per cent of such 60,410
appropriation for the pilot program for low wealth school 60,412
districts with exceptional needs for immediate classroom facility 60,413
assistance that is described in division (B) of Section 26 of Am.
Sub. H.B. 850 of the 122nd General Assembly. 60,414
(4) Any surplus revenue in excess of the amounts 60,416
distributed under divisions (B)(1) to (3) of this section shall 60,417
be transferred to the Income Tax Reduction Fund in accordance 60,418
with section 131.44 of the Revised Code.
Section 125. GRF Transfers in FY 2000 and FY 2001 60,420
(A) In fiscal year 2000, on or after August 15, 1999, the 60,422
Director of Budget and Management shall transfer the following 60,423
1305
amounts from the state General Revenue Fund to various other 60,424
state funds:
(1) $15,600,000 to Fund 5E2, Disaster Services, within the 60,426
Controlling Board. Of this amount, $5,000,000 shall ultimately be 60,427
transferred to the Department of Natural Resources, to be used 60,428
for statewide flood mitigation projects. Up to $3,000,000 shall 60,429
be used for reimbursing local governments for costs associated 60,430
with tornado disaster relief in Hamilton and Warren counties. 60,431
(2) $12,000,000 to Fund 5D3, the High Definition 60,433
Television Fund, which is hereby created in the state treasury. 60,434
Moneys in this fund, which shall be administered by the Ohio 60,435
Educational Telecommunications Network Commission, shall be used 60,436
only for purchases of transmitter hardware. 60,437
(3) $9,000,000 to Fund 5E7, Transit Capital Fund, for the 60,439
purpose of providing local matching dollars for federal grants 60,440
for public transportation. 60,441
(B) In fiscal year 2001, on or after August 15, 2000, the 60,443
Director of Budget and Management shall transfer the following 60,444
amounts from the state General Revenue Fund to various other 60,445
state funds:
(1) $4,400,000 to Fund 5E2, Disaster Services, within the 60,447
Controlling Board. 60,448
(2) $9,000,000 to Fund 5E7, Transit Capital Fund, for the 60,450
purpose of providing local matching dollars for federal grants 60,451
for public transportation. 60,452
(3) $10,000,000 to Fund 5GO, Interactive Video Distance 60,454
Learning Fund.
Section 126. GRF Transfers on Behalf of the Statewide 60,456
Indirect Cost Allocation Plan 60,457
The total transfers made from the General Revenue Fund by 60,459
the Director of Budget and Management pursuant to this section 60,461
shall not exceed the amounts transferred into the General Revenue 60,463
Fund pursuant to division (B) of section 126.12 of the Revised 60,465
Code.
1306
A director of an agency may certify to the Director of 60,467
Budget and Management the amount of expenses not allowed to be 60,468
included in the Statewide Indirect Cost Allocation plan pursuant 60,469
to federal regulations, from any fund included in the Statewide 60,470
Indirect Cost Allocation plan, prepared as required by section 60,471
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 60,474
available to pay for such expenses, the Director of Budget and 60,475
Management may transfer from the General Revenue Fund into the 60,476
fund for which the certification is made, up to the amount of the 60,477
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 60,478
pursuant to section 126.02 of the Revised Code, a request for 60,479
funding for such activities from an alternative source such that 60,480
further federal disallowances would not be required. 60,481
The Director of Administrative Services may certify to the 60,483
Director of Budget and Management the amount of building rent 60,484
expense or building debt service expense paid by state agencies 60,485
from funds other than the General Revenue Fund to the General 60,486
Revenue Fund which is not an allowed cost for reimbursement under 60,487
federal grant programs. The Director of Budget and Management
may refund the amount of the disallowed cost from the General 60,488
Revenue Fund to either the fund from which the payment was 60,489
originally made or the federal grantor agency, as appropriate. 60,490
If additional appropriations are required to make such refunds, 60,491
the amounts are hereby appropriated.
Section 127. Reappropriation of Unexpended Balances of 60,493
Operating Appropriations 60,494
(A) An unexpended balance of an appropriation or 60,496
reappropriation that a state agency has lawfully encumbered prior 60,497
to the close of a fiscal year is hereby reappropriated on the 60,498
first day of July of the following fiscal year from the fund from 60,499
which it was originally appropriated or reappropriated for the 60,500
following period and shall remain available only for the purpose 60,501
1307
of discharging the encumbrance:
(1) For an encumbrance for personal services, maintenance, 60,505
equipment, or items for resale, other than an encumbrance for an 60,506
item of special order manufacture not available on term contract 60,507
or in the open market or for reclamation of land or oil and gas
wells for a period of not more than five months from the end of 60,508
the fiscal year; 60,509
(2) For an encumbrance for an item of special order 60,511
manufacture not available on term contract or in the open market, 60,512
for a period of not more than five months from the end of the 60,513
fiscal year or, with the written approval of the Director of 60,514
Budget and Management, for a period of not more than twelve 60,515
months from the end of the fiscal year;
(3) For an encumbrance for reclamation of land or oil and 60,517
gas wells, for a period ending when the encumbered appropriation 60,518
is expended;
(4) For an encumbrance for any other expense, for such 60,521
period as the director approves.
Any operating appropriations for which unexpended balances 60,523
are reappropriated beyond a five-month period from the end of the 60,525
fiscal year, pursuant to subdivisions (2) and (4) of this 60,526
division, shall be reported to the Controlling Board by the 60,527
Director of Budget and Management by the thirty-first day of
December of each year. The report on each such item shall 60,528
include the item, the cost of the item, the vendor involved, and 60,529
the reappropriation period approved by the director. Such report 60,530
to the board shall be updated on a quarterly basis for 60,531
encumbrances remaining open.
Upon the expiration of the reappropriation period set out 60,533
in subdivisions (1), (2), (3), or (4) of this division, a 60,535
reappropriation made pursuant to this division shall lapse, and
the Director of Budget and Management shall cancel the 60,536
encumbrance of the unexpended reappropriation no later than the 60,537
end of the weekend following the expiration of the 60,539
1308
reappropriation period.
If the Controlling Board approved a purchase that approval 60,541
remains in effect as long as the encumbrance of appropriation for 60,542
that purchase remains open.
(B) Notwithstanding section 131.33 of the Revised Code 60,544
which provides that unexpended balances of appropriations shall, 60,545
at the close of the period for which appropriations are made, 60,546
revert to the funds from which the appropriations were made, 60,547
$1,940,000 of the unexpended balance in appropriation item 60,548
777-471, Airport Improvements - State, is hereby reappropriated 60,549
to the Ohio Department of Transportation from the General Revenue 60,550
Fund to appropriation item 777-471, Airport Improvements - State. 60,551
The reappropriation is made for the period beginning July 1, 1999 60,552
and ending June 30, 2000. Upon the expiration of the 60,553
reappropriation period, the reappropriation shall lapse. The
amount reappropriated is equal to the amount transferred to the 60,554
Ohio Department of Transportation by the Controlling Board from 60,555
appropriation item 911-440, Airport Improvements, to 60,556
appropriation item 777-471, Airport Improvements - State, on 60,557
April 26, 1999. The amount of the reappropriation is in addition 60,558
to the amounts which are appropriated from the General Revenue 60,559
Fund to appropriation item 777-471, Airport Improvements - State, 60,560
for Fiscal Year 2000 and Fiscal Year 2001.
Section 128. Federal Government Interest Requirements 60,562
Notwithstanding any provision of law to the contrary, on or 60,564
before the first day of September of each fiscal year, the 60,565
Director of Budget and Management, in order to reduce the payment 60,566
of adjustments to the federal government, as determined by the 60,567
plan prepared pursuant to division (A) of section 126.12 of the 60,568
Revised Code, may designate such funds as the director considers 60,569
necessary to retain their own interest earnings.
Section 129. Moratorium for New MR/DD Residential Facility 60,571
Beds
(A) During the period beginning July 1, 1999, and ending 60,573
1309
June 30, 2001, the Department of Mental Retardation and 60,574
Developmental Disabilities shall not issue development approval 60,575
for, nor license under section 5123.19 of the Revised Code, new 60,576
residential facility beds for persons with mental retardation or 60,577
developmental disabilities, except that the department may 60,578
approve the development or licensure, or both, of such new beds 60,579
in an emergency. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code specifying what constitutes 60,580
an emergency for the purposes of this section. 60,581
(B) For the purposes of division (A) of this section, the 60,583
following shall not be considered new beds: 60,584
(1) Beds relocated from one facility to another, if the 60,586
facility from which the beds are relocated reduces the number of 60,587
its beds by the same number of beds that are relocated to the 60,588
other facility;
(2) Beds to replace others that the Director of Health 60,590
determines no longer comply with the standards of the Medical 60,591
Assistance Program established under Chapter 5111. of the Revised 60,592
Code and Title XIX of the "Social Security Act," 49 Stat. 620 60,594
(1935), 42 U.S.C.A. 301, as amended.
Section 130. The Auditor of State shall serve as financial 60,596
supervisor to any financial planning and supervision commission 60,597
established pursuant to section 118.05 of the Revised Code on or 60,598
after the effective date of this section and as financial 60,599
supervisor to any financial planning and supervision commission 60,600
established pursuant to that section before that date upon the 60,601
termination of any existing contract with a firm of certified 60,602
public accountants approved by the Controlling Board as 60,603
authorized by division (G) of that section before its amendment 60,604
by this act.
Section 131. Not later than July 1, 2001, the Auditor of 60,606
State shall conduct and complete a performance audit of the 60,607
Medicaid Program operated by the state Department of Human 60,608
Services. The Auditor of State may charge the department for the 60,609
1310
cost of the audit as provided in division (A) of section 117.13
of the Revised Code. 60,610
Section 132. (A) The Director of Commerce shall prepare a 60,613
report that analyzes both of the following: 60,614
(1) The total amount of unclaimed funds collected by the 60,616
Department of Commerce over a period of at least six months; 60,617
(2) What portion of that amount represents unclaimed funds 60,619
resulting from business to business transactions. 60,620
For purposes of this section, "business to business 60,623
transactions" includes, but is not limited to, outstanding credit 60,624
balances, checks or memoranda, overpayments for goods or 60,625
services, unidentified remittances, nonrefunded overcharges, 60,626
accounts receivable, discounts, refunds, and rebates. 60,627
(B) To facilitate the collection of the necessary data, 60,629
the Director may adopt rules establishing the methods by which 60,630
the Department is to separately identify those unclaimed funds 60,631
that are the result of business to business transactions. 60,632
(C) Not later than January 1, 2001, the Director shall 60,634
submit a copy of the report to the Governor, the Speaker and 60,635
Minority Leader of the House of Representatives, and the 60,637
President and Minority Leader of the Senate.
Section 133. Local Government Y2K Loan Program 60,639
In addition to the duties found in Chapter 319. of the 60,641
Revised Code and in accordance with Section 37.17 of this act, 60,642
the county auditor of each county or participating municipal 60,643
corporation that receives funding from the Local Government Y2K 60,644
Loan Program shall assist the Department of Development with loan 60,645
repayment activities, as prescribed in Section 37.17 of this act, 60,646
when needed. 60,647
This section expires on July 1, 2002. 60,649
Section 134.* Licensing of Mental Health Residential 60,651
Facilities
The amendment of section 5119.22 of the Revised Code by 60,653
this act, which provides for two-year full licenses to be issued 60,654
1311
to residential facilities by the Department of Mental Health, 60,655
does not affect the expiration date of a full license that was 60,656
issued before the effective date of this section. On and after 60,657
the effective date of this section, the department shall renew
full licenses originally issued prior to the effective date of 60,658
this section for a two-year period in accordance with the 60,659
amendment of section 5119.22 of the Revised Code by this act. 60,660
Section 135. The jurisdiction, including all control and 60,662
supervision, over the state-owned building located at 25 South 60,663
Front Street, Columbus, Ohio, is hereby transferred from the Ohio 60,664
Department of Transportation to the Department of Administrative 60,665
Services.
Section 136. The amendments to section 3109.18 of the 60,667
Revised Code by this act shall not affect the term of any member 60,669
of a child abuse and child neglect advisory board serving on the 60,670
effective date of this section. Vacancies on the board shall be 60,671
filled in accordance with section 3109.18 of the Revised Code. 60,672
Section 137. The Office of Budget and Management shall 60,674
study the financial impact of the reduction of the inventory tax 60,675
on school districts and local governments and shall report its 60,676
findings to the finance committees of both houses of the General 60,677
Assembly by July 1, 2000.
Section 138. Employees of the Ohio Civil Rights 60,679
Commission, as determined by the collective bargaining agreement 60,680
in force on the effective date of this section, who are the 60,681
direct staff of the Commission on African-American Males shall be 60,682
transferred to and become employees of the Commission on 60,683
African-American Males on July 1, 1999. Effective the first pay 60,684
period in which personnel service expenses are charged against 60,685
fiscal year 2000 appropriations, employees transferred under this 60,686
section retain their civil service qualifications and status and 60,687
any rights conferred by Chapter 4117. of the Revised Code, and 60,688
all rights and benefits accruing thereto. Notwithstanding 60,689
section 124.13 of the Revised Code, all vacation leave time and 60,690
1312
other benefits earned by employees transferred under this section 60,691
shall be considered to have been earned by those employees as 60,692
employees of the Commission on African-American Males. 60,693
As soon as possible after the effective date of this 60,694
section, the Ohio Civil Rights Commission and the Commission on 60,695
African-American Males shall enter into an agreement regarding 60,696
the fiscal relationship between the agencies. 60,697
Section 139.* All items set forth in this section are 60,699
hereby appropriated out of any moneys in the state treasury to 60,700
the credit of the Administrative Building Fund (Fund 026). 60,702
Revenues of the Administrative Building Fund shall consist of 60,704
proceeds of obligations authorized to pay the costs of capital 60,705
facilities, as defined in section 152.09 of the Revised Code, for 60,706
the following improvements:
OVH OHIO VETERANS' HOME 60,707
CAP-759 Veterans' Home Construction $ 4,200,000 60,710
Total Ohio Veterans' Home $ 4,200,000 60,712
Total Administrative Building Fund $ 4,200,000 60,714
Veterans' Home Construction 60,717
Upon notification of the availability of a federal 60,719
Department of Veterans Affairs state home construction grant, the 60,720
Ohio Veterans' Home may seek authority from the Controlling Board 60,722
for release of funds in the foregoing appropriation item, 60,723
CAP-759, Veterans' Home Construction, to assist with the cost of 60,724
construction of an additional state-operated, 168-bed veterans' 60,725
home. 60,726
Expenditures from appropriations contained in this act 60,728
shall be accounted for as though made in Am. Sub. H.B. 850 of the 60,729
122nd General Assembly. The appropriations made in this act are 60,730
subject to all provisions of Am. Sub. H.B. 850 of the 122nd 60,731
General Assembly that are generally applicable to such 60,732
appropriations.
Notwithstanding any other provision of the Revised Code, 60,734
the construction of the new veterans' home shall not fall under 60,735
1313
the provisions for local administration. Any new veterans' home 60,736
construction project shall be administered by the Department of 60,737
Administrative Services. 60,738
Section 140.* The Ohio Building Authority is hereby 60,740
authorized to issue and to sell, in accordance with the 60,741
provisions of Section 2I of Article VIII, Ohio Constitution, and 60,743
Chapter 152. and other applicable sections of the Revised Code, 60,744
original obligations in an additional principal amount of 60,745
$4,200,000, in addition to the original issuance of obligations 60,746
heretofore authorized by prior acts of the General Assembly to 60,747
pay costs associated with previously authorized capital 60,748
facilities, the owners or holders of which shall have no right to 60,749
have excises or taxes levied by the General Assembly for the 60,750
payment of principal or interest thereon. 60,751
Section 141. Sunset of Hospital Care Assurance Program 60,753
That Section 153 of Am. Sub. H.B. 117 of the 121st General 60,755
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General 60,756
Assembly, be amended to read as follows: 60,757
"Sec. 153. (A) Section 5112.20 of the Revised Code is 60,759
hereby repealed, effective July 1, 1997. Sections 5112.01, 60,760
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 60,762
5112.10, 5112.11, 5112.18, 5112.19, 5112.21, and 5112.99 of the 60,763
Revised Code, as enacted by Am. Sub. H.B 117 of the 121st General 60,765
Assembly, are hereby repealed, effective July 1, 1999 2001. 60,766
(B) Any money remaining in the Legislative Budget Services 60,768
Fund on July 1, 1999 2001, the date that section 5112.19 of the 60,769
Revised Code is repealed by division (A) of this section, shall 60,771
be used solely for the purposes stated in THEN FORMER section 60,772
5112.19 of the Revised Code. When all money in the Legislative 60,775
Budget Services Fund has been spent after THEN FORMER section 60,776
5112.19 of the Revised Code is repealed under division (A) of 60,778
this section, the fund shall cease to exist." 60,779
Section 142. That existing Section 153 of Am. Sub. H.B. 60,781
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 60,783
1314
215 of the 122nd General Assembly, is hereby repealed. 60,784
Section 143. That Section 3 of Am. Sub. H.B. 440 of the 60,786
121st General Assembly, as amended by Am. Sub. H.B. 621 of the 60,787
122nd General Assembly, be amended to read as follows: 60,788
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 60,790
122.27 of the Revised Code are hereby repealed, effective June 60,791
30, 1999 2001." 60,792
Section 144. That existing Section 3 of Am. Sub. H.B. 440 60,794
of the 121st General Assembly, as amended by Am. Sub. H.B. 621 of 60,795
the 122nd General Assembly, is hereby repealed. 60,796
Section 145. That Section 3 of Am. Sub. H.B. 215 of the 60,798
122nd General Assembly be amended to read as follows: 60,799
"Sec. 3. Section 1751.68 of the Revised Code is hereby 60,801
repealed, effective July 1, 1999 2001." 60,802
Section 146. That existing Section 3 of Am. Sub. H.B. 215 60,804
of the 122nd General Assembly is hereby repealed. 60,805
Section 147. That Section 3 of Am. Sub. H.B. 621 of the 60,807
122nd General Assembly be amended to read as follows: 60,808
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, 60,810
and 901.83 of the Revised Code are hereby repealed, effective 60,811
June 30, 1999 JULY 1, 2001." 60,812
Section 148. That existing Section 3 of Am. Sub. H.B. 621 60,814
of the 122nd General Assembly is hereby repealed. 60,815
Section 149. That Section 3 of Sub. H.B. 694 of the 122nd 60,817
General Assembly be amended to read as follows: 60,818
"Sec. 3. The amendment by this act SUB. H.B. 694 OF THE 60,821
122nd GENERAL ASSEMBLY of sections 5715.13 and 5715.19 of the 60,822
Revised Code is remedial legislation and applies to any complaint 60,823
that was timely filed under either of those sections respecting 60,824
valuations for tax year 1994, 1995, 1996, or 1997, and to 60,825
complaints filed for tax years 1998 and thereafter. 60,826
Notwithstanding division (A)(2) of section 5715.19 of the Revised 60,827
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 60,828
1315
a complaint for tax year 1994, 1995, 1996, or 1997 may file a 60,829
complaint under those sections, as amended by this act, on or 60,830
before March 31, 1999 2000, respecting valuations for tax year 60,831
1994, 1995, 1996, 1997, or 1998, and the board of revision shall 60,832
proceed to hear the complaint as otherwise provided under Chapter 60,833
5715. of the Revised Code." 60,834
Section 150. That existing Section 3 of Sub. H.B. 694 of 60,836
the 122nd General Assembly is hereby repealed. 60,837
Section 151.* That Sections 3.01, 3.03, 21, and 30.25 of 60,839
Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 60,840
read as follows:
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 60,843
CAP-785 Rural Areas Historical Projects $ 440,000 60,846
CAP-786 Rural Areas Community Improvements $ 5,315,000 60,848
6,639,618 60,850
CAP-817 Urban Areas Community Improvements $ 12,508,150 60,852
14,608,150 60,854
CAP-818 Community Theatre Renovations $ 400,000 60,856
Total Department of Administrative Services $ 18,663,150 60,858
22,072,768 60,860
Rural Areas Historical Projects 60,863
Of the foregoing appropriation item CAP-785, Rural Areas 60,865
Historical Projects, $100,000 shall be used for Hancock County 60,866
Historical Society Facility Improvements; $40,000 shall be used 60,867
for Harveysburg Community Historic Society; $50,000 shall be used 60,869
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 60,870
Historic Site Improvements; and $50,000 shall be used for Elmore 60,871
Historical Society. 60,872
Rural Areas Community Improvements 60,874
Of the foregoing appropriation item CAP-786, Rural Areas 60,876
Community Improvements, $100,000 shall be used for Hocking Valley 60,878
Railroad Improvements; $50,000 shall be used for Belmont County 60,879
Park District - Convention Center; $70,000 shall be used for 60,880
1316
Aberdeen Huntington Community Center; $100,000 shall be used for 60,881
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 60,882
for Clinton County Senior Center; $150,000 shall be used for 60,883
Coshocton Infrastructure Improvements; $200,000 shall be used for 60,884
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 60,885
for Warsaw Community Improvements; $100,000 shall be used for 60,886
Washington Court House Downtown Redevelopment; $80,000 shall be 60,887
used for Gallia County Industrial Park Improvements; $150,000 60,888
shall be used for Desmond Hall Industrial Park; $100,000 shall be 60,889
used for Kenton Armory Improvements; $162,000 shall be used for 60,890
Sinking Springs Infrastructure Improvements; $20,000 shall be 60,891
used for Laurelville Community Improvements; $16,000 shall be 60,892
used for Gibisonville Community Recreation Center Improvements; 60,893
$150,000 shall be used for Holmes County Historic Building 60,894
Improvements; $500,000 shall be used for Davis-Shai House 60,895
Historical Site; $100,000 shall be used for Maritime Museum in 60,896
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 60,897
Restoration; $90,000 shall be used for Big Island Nature Center 60,898
Improvements; $300,000 shall be used for Medina County Arts 60,899
Center Improvements; $142,000 shall be used for Graysville 60,900
Community Center; $49,000 shall be used for Roseville Community 60,901
Center Improvements; $100,000 shall be used for South Zanesville 60,902
Community Improvements; $20,000 shall be used for Corning 60,903
Community Center; $50,000 shall be used for Waverly Community 60,904
Improvements; $20,000 shall be used for Garrettsville Veterans 60,905
Memorial; $6,000 shall be used for Palmyra Township Veterans 60,906
Memorial; $100,000 shall be used for Deerfield Township Hall 60,907
Civic Improvements; $35,000 shall be used for Preble County 60,908
Coliseum Planning; $300,000 shall be used for Richland Academy of 60,910
Arts and Sciences Discovery Center; $50,000 shall be used for 60,911
Village of Pleasant Plain Community Improvements; $48,000 shall 60,912
be used for Village of South Lebanon Infrastructure Improvements; 60,914
$41,000 shall be used for Rehabilitate Senior Housing - 60,915
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 60,916
1317
Belpre; $100,000 shall be used for New Matamoras Senior Center; 60,917
$25,000 shall be used for West Salem Town Hall Improvements; 60,918
$40,000 shall be used for Pemberville Opera House Restoration; 60,919
$40,000 shall be used for Grand Rapids Village Hall Restoration; 60,920
$500,000 shall be used for Liberty Commons Infrastructure Project 60,921
- Lima; $50,000 shall be used for Village of Morrow 60,922
Infrastructure Improvements; $100,000 shall be used for Fairfield 60,923
City Cultural Center; $63,000 shall be used for Sunbury Town 60,924
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 60,925
used for Ft. Steuben Land Office; $100,000 shall be used for 60,926
Columbiana County Port Authority; $25,000 shall be used for Noble 60,927
County Senior Center; $25,000 shall be used for Crawford County 60,928
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 60,929
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; $250,000 SHALL BE USED 60,930
FOR BELMONT COUNTY PARK DISTRICT INFRASTRUCTURE IMPROVEMENTS; 60,932
$200,000 SHALL BE USED FOR COSHOCTON COUNTY NORTH CORRIDOR 60,934
INFRASTRUCTURE IMPROVEMENTS; $100,000 SHALL BE USED FOR THE 60,935
HOLMES COUNTY HISTORIC BUILDING RENOVATION; $125,000 SHALL BE 60,936
USED FOR THE SUMMIT TOWNSHIP COMMUNITY BUILDING IN MONROE COUNTY; 60,938
$100,000 SHALL BE USED FOR MORGAN COUNTY INFRASTRUCTURE 60,939
IMPROVEMENTS; $100,000 SHALL BE USED FOR THE MUSKINGUM COUNTY 60,940
EMERGENCY SHELTER ADDITION; $100,000 SHALL BE USED FOR NOBLE 60,941
COUNTY INFRASTRUCTURE IMPROVEMENTS; $42,618 SHALL BE USED FOR THE 60,942
HIGHLAND COUNTY IMPROVEMENT PROJECT; $100,000 SHALL BE USED FOR 60,944
MARIETTA CITY SCHOOLS ATHLETIC FACILITIES IMPROVEMENTS; $15,000 60,945
SHALL BE USED FOR BELMONT COUNTY MUSEUM IMPROVEMENTS; $15,000 60,947
SHALL BE USED FOR THE GUERNSEY COUNTY SENIOR CENTER; $7,000 SHALL 60,949
BE USED FOR CAMP TUSCAZOAR; $50,000 SHALL BE USED FOR NEW BOSTON 60,950
INFRASTRUCTURE IMPROVEMENTS; $10,000 SHALL BE USED FOR GALLIPOLIS 60,951
MAIN STREET IMPROVEMENTS; $10,000 SHALL BE USED FOR THE PICKAWAY 60,953
COUNTY LIBRARY/ASHVILLE PROJECT; $100,000 SHALL BE USED FOR THE 60,954
JOHN AND ANNIE GLENN MUSEUM; and $300,000 shall be used for 60,956
1318
Zahn's Corner Industrial Park.
Urban Areas Community Improvements 60,958
Of the foregoing appropriation item CAP-817, Urban Areas 60,960
Community Improvements, $200,000 shall be used for Clermont 60,961
County Communications Center; $50,000 shall be used for The Civic 60,963
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 60,964
Planning; $25,000 shall be used for Friendly Center Renovations; 60,965
$5,000 shall be used for Toledo Golden Gloves - Equipment; 60,966
$50,000 shall be used for Sylvania Historical Society Building 60,967
Improvements; $50,000 shall be used for Toledo International 60,968
Youth Hostel Renovations; $100,000 shall be used for Fellows 60,969
Gardens - Mill Creek Park Improvements; $100,000 shall be used 60,970
for Weathervane Playhouse Addition; $100,000 shall be used for 60,971
Akron/Summit Community Action Agency Facility Improvements; 60,972
$136,000 shall be used for Akron Community Health Resources Inc. 60,973
Facility Improvements; $75,000 shall be used for Farmington 60,974
Senior Center Improvements; $85,000 shall be used for President 60,975
McKinley Home Site improvements; $187,150 shall be used for 60,976
Shaker Historical Museum; $400,000 shall be used for Solon 60,977
Community Arts Center; $25,000 shall be used for Orange Senior 60,978
Center; $75,000 shall be used for Cincinnati Jewish Community 60,980
Center; $1,000,000 shall be used for Lincoln Heights Health 60,981
Center Improvements; $500,000 shall be used for Cook's Castle 60,982
Renovation; $40,000 shall be used for Toledo Jewish Community 60,983
Center; $100,000 shall be used for Youngstown Jewish Community 60,984
Center; $1,500,000 shall be used for Youngstown Parking Facility; 60,985
$150,000 shall be used for Canton Jewish Community Center; 60,986
$2,000,000 shall be used for Wilderness Center Facility 60,987
Improvements; $100,000 shall be used for Project AHEAD Facility 60,988
Improvements; $50,000 shall be used for Sagamore Hills Historical 60,989
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 60,990
Gardens; $250,000 shall be used for NEC World Series of Golf 60,991
Media Facility; $50,000 shall be used for Richfield Historic 60,992
1319
District Improvements; $100,000 shall be used for Ohio Erie 60,993
Heritage Corridor Improvements; $150,000 shall be used for Hale 60,994
Farm Improvements; $1,750,000 shall be used for Wood County 60,995
Historic Building Renovation; $500,000 shall be used for 60,996
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall FIRE STATION; $50,000 shall be used for 60,997
City of University Heights Community Senior Center; $75,000 shall 60,999
be used for the J. Frank-Troy Senior Citizens Center; $50,000 61,000
shall be used for the Cleveland Health Museum; $50,000 shall be 61,001
used for the City of Euclid Land Purchase; $25,000 shall be used
for the Mahoning River Corridor of Opportunity Industrial Park; 61,002
$25,000 shall be used for University Heights Senior Citizen 61,003
Center Public Library; $50,000 shall be used for Columbus Fire 61,004
Museum; $50,000 shall be used for League Park Tourist Museum; 61,005
$100,000 shall be used for Mustill Store Exhibits in Cascade 61,006
Valley Park; and $30,000 shall be used for Warren Airport Runway 61,007
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 61,009
Community Improvements, $300,000 shall be used for Columbus 61,010
Family and Child Guidance Centers; $360,000 shall be used for 61,011
Central Community House; $180,000 shall be used for St. John 61,012
Center; $500,000 SHALL BE USED FOR THE AKRON ART MUSEUM 61,014
EXPANSION; $500,000 SHALL BE USED FOR THE SANDUSKY STATE THEATER; 61,016
$275,000 SHALL BE USED FOR RIVER WALK IN WARREN; $150,000 SHALL 61,017
BE USED FOR THE AMVETS CAREER CENTER; $125,000 SHALL BE USED FOR 61,019
THE CANTON PALACE THEATER ASSOCIATION; $500,000 SHALL BE USED FOR 61,023
THE CLEVELAND-MASSILLON ECONOMIC DEVELOPMENT PROJECT; $800,000 61,024
SHALL BE USED FOR THE COLUMBUS COLLEGE OF ART AND DESIGN; $40,000 61,026
SHALL BE USED FOR THE LUCAS COUNTY OTTAWA COALITION PROGRAM; 61,028
$40,000 SHALL BE USED FOR THE LUCAS COUNTY GRACE COMMUNITY 61,029
CENTER; $40,000 SHALL BE USED FOR THE LUCAS COUNTY FRIENDLY 61,030
CENTER; $40,000 SHALL BE USED FOR THE LUCAS COUNTY COLLINGWOOD 61,032
ARTS PROGRAM; $40,000 SHALL BE USED FOR THE LUCAS COUNTY COMMON 61,033
SPACE PROGRAM; $50,000 SHALL BE USED FOR THE ELIZA BRYANT SENIOR 61,035
1320
CENTER; $90,000 SHALL BE USED FOR THE ST. JOHN CENTER; $180,000 61,036
SHALL BE USED FOR CENTRAL COMMUNITY HOUSE; $30,000 SHALL BE USED 61,037
FOR WESLEY DEVELOPMENT CORPORATION; and $60,000 shall be used for 61,039
Wesley Community Development Corporation. 61,040
Community Theatre Renovations 61,042
Of the foregoing appropriation item CAP-818, Community 61,044
Theatre Renovations, $100,000 shall be used for Cleveland Public 61,045
Theatre Improvements - Gordon Square; $125,000 shall be used for 61,046
Ariel Theatre Renovation; $125,000 shall be used for Markay 61,047
Theatre Renovations; and $50,000 shall be used for Lorain Palace 61,048
Theatre Improvements. 61,049
Sec. 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 61,052
CAP-047 Cincinnati Classical Music Hall of 61,055
Fame $ 300,000 61,056
CAP-050 Columbus Art Museum Facility Planning $ 250,000 61,058
CAP-053 Powers Auditorium Improvements $ 250,000 61,060
CAP-054 Dayton Performing Arts Center - 61,061
Planning and Phase I $ 250,000 61,062
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 61,064
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 61,066
CAP-062 Akron Art Museum - Planning $ 100,000 61,068
CAP-063 ROBINS THEATRE PROJECT $ 50,000 61,071
CAP-070 AKRON CIVIC THEATRE $ 250,000 61,074
CAP-799 CAPITOL CITY EXHIBIT FEASIBILITY $ 50,000 61,077
Total Arts And Sports Facilities Commission $1,825,000 61,079
2,175,000 61,081
Sec. 21. All items set forth in this section are hereby 61,085
appropriated out of any moneys in the state treasury to the 61,086
credit of the Arts Facilities Building Fund (Fund 030). Revenues 61,088
to the Arts Facilities Building Fund shall consist of proceeds of 61,089
obligations authorized to pay costs of the following capital 61,090
improvements:
Appropriations 61,091
AFC ARTS FACILITIES COMMISSION 61,092
1321
CAP-001 National Aviation Hall of Fame $ 1,100,000 61,095
CAP-004 Valentine Theatre $ 3,500,000 61,097
CAP-005 Center for Science and Industry - 61,098
Columbus $ 5,500,000 61,099
CAP-010 Sandusky State Theatre Improvements $ 500,000 61,101
CAP-013 Stambaugh Hall Improvements $ 625,000 61,103
CAP-033 Woodward Opera House Renovation $ 250,000 61,105
CAP-037 Canton Palace Theatre Renovations $ 800,000 61,107
CAP-044 National Underground Railroad Freedom 61,108
Center $ 500,000 61,109
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 61,111
CAP-046 Cincinnati Museum Center Improvements $ 525,000 61,113
CAP-048 John and Annie Glenn Museum $ 600,000 61,115
500,000 61,116
CAP-049 Ohio Theatre Improvements $ 3,000,000 61,118
CAP-051 Akron Civic Theatre Improvements $ 600,000 61,120
350,000 61,121
CAP-052 Akron Art Museum $ 1,000,000 61,123
CAP-055 WACO Museum and Aviation Learning 61,124
Center $ 500,000 61,125
CAP-056 Ohio Center of Agriculture and 61,126
Industrial Technology Heritage Center $ 3,500,000 61,128
CAP-058 Cedar Bog Nature Preserve Education 61,129
Center $ 1,000,000 61,130
CAP-061 Statewide Arts Facilities Planning $ 500,000 61,132
CAP-063 Robins Theatre Project $ 50,000 61,134
CAP-702 Campus Martius Museum Renovations $ 140,000 61,136
CAP-734 Hayes Presidential Center - Museum and 61,137
Home Improvements $ 1,000,000 61,138
CAP-735 Paul Lawrence Dunbar House $ 100,000 61,140
CAP-741 Adena State Memorial Renovations $ 350,000 61,142
CAP-742 Ft. Meigs Museum and Exhibit 61,143
Improvements $ 2,960,000 61,144
1322
CAP-744 Zoar Village Visitor Center and 61,145
Building Renovations $ 875,000 61,146
CAP-753 Buffington Island State Memorial 61,147
Improvements $ 100,000 61,148
CAP-757 Schoenbrunn Village Restoration and 61,149
Renovations $ 211,000 61,150
CAP-758 Ft. Laurens Building and Site 61,151
Improvements $ 100,000 61,152
CAP-770 Serpent Mound State Memorial 61,153
Improvements $ 295,000 61,154
CAP-780 Harding Home State Memorial 61,155
Restorations $ 390,000 61,156
CAP-781 Historical Center - Archives and 61,157
Library Automation $ 450,000 61,158
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 61,160
CAP-788 Tallmadge Church Building Restoration $ 250,000 61,162
CAP-789 Neil Armstrong Air and Space Museum 61,163
Improvements $ 315,000 61,164
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 61,166
CAP-795 Local and Wide-area Networks $ 300,000 61,168
CAP-796 Moundbuilders State Memorial 61,169
Improvements $ 530,000 61,170
CAP-797 National Afro-American Museum 61,171
Improvements $ 300,000 61,172
CAP-798 Multi-Site Fire and Security System 61,173
Improvements $ 100,000 61,174
CAP-799 Capitol City Exhibit Feasibility $ 50,000 61,176
CAP-800 Indian Mill State Memorial 61,177
Improvements $ 112,000 61,178
Total Arts Facilities Commission $37,294,000 61,180
33,844,000 61,182
Total Arts Facilities Building Fund $37,294,000 61,184
33,844,000 61,186
Center for Science and Industry-Columbus 61,189
1323
Of the foregoing appropriation item CAP-005, Center for 61,191
Science and Industry-Columbus, $5,000,000 shall be used for the 61,192
John Glenn Theatre and $500,000 shall be used for AgScience 61,193
Experience Exhibits.
COSI-Columbus -- Local Administration of Capital Project 61,195
Contracts 61,196
Notwithstanding division (A) of section 3383.07 of the 61,198
Revised Code, the Ohio Arts and Sports Facilities Commission, 61,199
with respect to the foregoing appropriation item CAP-005, Center 61,200
for Science and Industry-Columbus, is authorized to administer 61,202
all or part of capital facilities project contracts involving 61,203
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 61,204
and Industry-Columbus, and the Ohio Arts and Sports Facilities 61,206
Commission in review of the project plans. The Ohio Arts and 61,207
Sports Facilities Commission shall enter into a contract with the 61,208
Center of Science and Industry-Columbus to administer the exhibit 61,209
fabrication and installation contracts, which contracts are not
subject to Chapter 123. or 153. of the Revised Code. 61,210
Schoenbrunn Village Restoration and Renovations 61,212
Of the foregoing appropriation item CAP-757, Schoenbrunn 61,214
Village Restoration and Renovations, up to $30,000 shall be used 61,216
for safety improvements related to the New Philadelphia airport. 61,217
Ft. Laurens Building and Site Improvements 61,219
Of the foregoing appropriation item CAP-758, Ft. Laurens 61,221
Building and Site Improvements, $100,000 shall be used for the 61,222
full reconstruction of the site as formulated by the Friends of 61,223
Ft. Laurens Foundation.
Sec. 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 61,225
CAP-006 Basic Renovations $ 874,033 61,228
CAP-040 Building "D" Planning $ 1,500,000 61,230
CAP-041 Columbus College of Art and Design $ 100,000 61,232
CAP-049 OHIO THEATRE IMPROVEMENTS $ 3,000,000 61,236
Total Columbus State Community College $ 2,474,033 61,238
1324
5,474,033"
Section 152.* That existing Sections 3.01, 3.03, 21, and 61,241
30.25 of Am. Sub. H.B. 850 of the 122nd General Assembly are 61,242
hereby repealed.
Section 153. That Section 5.03 of Am. Sub. H.B. 163 of the 61,244
123rd General Assembly be amended to read as follows: 61,245
"Sec. 5.03. Emergency Medical Services 61,247
State Highway Safety Fund Group 61,249
83M 765-624 Operating Expenses - 61,252
EMS $ 1,560,000 $ 1,578,512 61,254
83P 765-637 EMS Grants $ 4,000,000 $ 4,000,000 61,258
4,800,000 61,259
831 765-610 EMS/Federal $ 251,760 $ 257,803 61,263
TOTAL HSF State Highway Safety 61,264
Fund Group $ 5,811,760 $ 5,836,315 61,267
6,611,760 61,268
TOTAL ALL BUDGET FUND GROUPS - 61,269
Emergency Medical Services $ 5,811,760 $ 5,836,315" 61,272
6,611,760 61,273
Section 154. That existing Section 5.03 of Am. Sub. H.B. 61,276
163 of the 123rd General Assembly is hereby repealed. 61,277
Section 155.* (A) Section 50.48 of Am. Sub. H.B. 215 of 61,279
the 122nd General Assembly is hereby repealed. 61,280
(B) The repeal of Section 50.48 of Am. Sub. H.B. 215 of 61,282
the 122nd General Assembly is in confirmation of an identical 61,283
repeal of the section by Am. Sub. H.B. 770 of the 122nd General 61,284
Assembly. Am. Sub. H.B. 770 properly repealed the section in its 61,285
body, but failed to indicate the repeal in its title.
Section 156.* That Section 25 of Am. Sub. H.B. 650 of the 61,287
122nd General Assembly is hereby repealed. 61,288
Section 157.* Section 17.03 of Am. Sub. H.B. 850 of the 61,290
122nd General Assembly is hereby repealed. 61,291
Section 158.* Section 1501.25 of the Revised Code is 61,293
hereby repealed, effective December 31, 2002. 61,294
1325
Section 159.* (A) That section 101.64 of the Revised Code 61,296
is hereby repealed.
(B) The repeal by this act of section 101.64 of the 61,298
Revised Code is intended to confirm that such was the result 61,299
intended by the General Assembly in enacting Am. Sub. H.B. 649 of 61,300
the 122nd General Assembly. This section was made obsolete by 61,301
reforms Am. Sub. H.B. 649 made in the legislative printing laws. 61,302
The title of that act correctly indicated the repeal of section
101.64 of the Revised Code, but the outright repeal clause 61,303
erroneously indicated the repeal of section "102.64" of the 61,304
Revised Code. No section of the Revised Code bears the number 61,305
"102.64."
Section 160.* That the version of section 2108.15 of the 61,307
Revised Code that is to take effect on December 31, 2000, is 61,308
hereby repealed.
It is the intent of this section to prevent the amendment 61,310
of section 2108.15 of the Revised Code that was to have taken 61,311
effect December 31, 2000. The combined effect of this action and 61,312
a complementary amendment made to existing section 2108.15 of the 61,313
Revised Code by Section 1 of this act is not substantive. 61,314
Section 161.* (A) That section 4121.07 of the Revised 61,316
Code is hereby repealed. 61,317
(B) The repeal by this act of section 4121.07 of the 61,319
Revised Code is intended to confirm that such was the result 61,320
intended by the General Assembly in enacting Am. Sub. H.B. 107 of 61,321
the 120th General Assembly. The outright repeal clause of that 61,322
act correctly indicated the repeal of section 4121.07 of the
Revised Code, but the title of that act erroneously indicated 61,323
that the section was being amended. 61,324
Section 162. Except as otherwise specifically provided in 61,326
this act, the codified sections of law amended or enacted in this 61,327
act, and the items of law of which the codified sections of law 61,328
amended or enacted in this act are composed, are subject to the 61,329
referendum. Therefore, under Ohio Constitution, Article II, 61,330
1326
Section 1c and section 1.471 of the Revised Code, the codified 61,331
sections of law amended or enacted by this act, and the items of 61,332
law of which the codified sections of law as amended or enacted 61,333
by this act are composed, take effect on the ninety-first day 61,334
after this act is filed with the Secretary of State. If, 61,335
however, a referendum petition is filed against any such codified 61,336
section of law as amended or enacted by this act, or against any 61,337
item of law of which any such codified section of law as amended 61,338
or enacted by this act is composed, the codified section of law 61,339
as amended or enacted, or item of law, unless rejected at the 61,340
referendum, takes effect at the earliest time permitted by law. 61,341
Section 163. Except as otherwise specifically provided in 61,343
this act, the repeal by this act of a codified section of law is 61,344
subject to the referendum. Therefore, under Ohio Constitution, 61,345
Article II, Section 1c and section 1.471 of the Revised Code, the 61,346
repeal by this act of a codified section of law takes effect on 61,347
the ninety-first day after this act is filed with the Secretary 61,348
of State. If, however, a referendum petition is filed against 61,349
any such repeal, the repeal, unless rejected at the referendum, 61,350
takes effect at the earliest time permitted by law. 61,351
Section 164. Sections 9.06, 9.07, 102.02, 109.081, 111.18, 61,353
118.01, 118.05, 118.08, 121.05, 122.011, 124.07, 124.181, 125.15, 61,355
125.28, 127.16, 131.39, 341.011, 753.19, 901.63, 1155.07, 61,356
1155.10, 1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1181.18, 61,357
1309.401, 1509.02, 1509.071, 1513.30, 3353.06, 3383.08, 3702.52, 61,359
3702.57, 3702.58, 3702.68, 3705.24, 3734.06, 3734.18, 3734.28, 61,360
3734.57, 3745.11, 3748.07, 3748.13, 3753.03, 3753.05, 3793.10, 61,361
4105.17, 4112.12, 4117.24, 4301.10, 4301.30, 4301.43, 4511.191, 61,362
4511.83, 4703.36, 4703.37, 4713.10, 4717.07, 4723.08, 4729.54, 61,364
4730.11, 4731.281, 4732.14, 4736.12, 4741.17, 4741.19, 4747.05, 61,365
4747.06, 4747.07, 4747.10, 4766.04, 4766.05, 5101.03, 5101.16, 61,366
5101.46, 5101.50, 5101.501, 5101.502, 5101.86, 5111.23, 5111.231, 61,367
5112.03, 5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 5117.07, 61,369
5117.071, 5117.09, 5120.14, 5139.43, 5145.30, 5709.62, 5709.63, 61,371
1327
5709.632, 5749.02, 5907.141, and 6109.21 of the Revised Code as 61,372
amended or enacted by this act, and the items of law of which 61,373
such sections as amended or enacted by this act are composed, are 61,374
not subject to the referendum. Therefore, under Ohio 61,375
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, such sections as amended or enacted by this act, 61,376
and the items of law of which such sections as amended or enacted 61,377
by this act are composed, go into immediate effect when this act 61,378
becomes law. 61,379
Section 165. (A) The amendment by this act to division 61,381
(C) of section 166.03 of the Revised Code constitutes an item of 61,382
law that is subject to the referendum. Therefore, under Ohio 61,383
Constitution, Article II, Section 1c and section 1.471 of the 61,384
Revised Code, this item of law takes effect on the ninety-first 61,385
day after this act is filed with the Secretary of State. If, 61,386
however, a referendum petition is filed against the item of law, 61,387
the item of law, unless rejected at the referendum, takes effect 61,388
at the earliest time permitted by law. 61,389
(B) The amendments by this act to division (B) of section 61,391
166.03 of the Revised Code constitute an item of law that is not 61,392
subject to the referendum. Therefore, under Ohio Constitution, 61,393
Article II, Section 1d and section 1.471 of the Revised Code, 61,394
this item of law goes into immediate effect when this act becomes 61,395
law.
Section 166.* Sections 121.371, 3109.13, 3109.14, 3109.15, 61,397
3109.16, 3109.17, and 3109.18 of the Revised Code, as amended by 61,398
this act, are subject to the referendum and shall take effect 61,399
January 1, 2001. Notwithstanding the provisions of section 61,401
3109.17 of the Revised Code that require the Children's Trust
Fund Board to make block grants to child abuse and child neglect 61,402
prevention advisory boards, the Children's Trust Fund Board may 61,404
make grants to child abuse and child neglect prevention programs 61,405
during the period January 1, 2001, through June 30, 2001. 61,406
Section 167. Section 5741.02 of the Revised Code, as 61,408
1328
amended by this act, shall take effect on July 1, 2001. 61,409
Section 168. The repeal by this act of sections 1155.131 61,411
and 1163.17 of the Revised Code is not subject to the referendum. 61,412
Therefore, under Ohio Constitution, Article II, Section 1d and 61,413
section 1.471 of the Revised Code, the repeals go into immediate 61,414
effect when this act becomes law. 61,415
Section 169. Except as otherwise specifically provided in 61,417
this act, the uncodified sections of law amended or enacted in 61,418
this act, and the items of law of which the uncodified sections 61,419
of law amended or enacted in this act are composed, are not 61,420
subject to the referendum. Therefore, under Ohio Constitution, 61,421
Article II, Section 1d and section 1.471 of the Revised Code, the 61,422
uncodified sections of law amended or enacted in this act, and 61,423
the items of law of which the uncodified sections of law amended 61,424
or enacted in this act are composed, go into immediate effect 61,425
when this act becomes law.
Section 170. Uncodified sections of law amended or enacted 61,427
in this act, and items of law contained within the uncodified 61,428
sections of law amended or enacted in this act, that are marked 61,429
with an asterisk are subject to the referendum. Therefore, under 61,430
Ohio Constitution, Article II, Section 1c and section 1.471 of 61,431
the Revised Code, the uncodified sections and items of law marked 61,432
with an asterisk take effect on the ninety-first day after this 61,433
act is filed with the Secretary of State. If, however, a 61,434
referendum petition is filed against an uncodified section or 61,435
item of law marked with an asterisk, the uncodified section or 61,436
item of law marked with an asterisk, unless rejected at the 61,437
referendum, takes effect at the earliest time permitted by law. 61,438
If the amending and existing repeal clauses commanding the 61,440
amendment of an uncodified section of law are both marked with 61,441
asterisks, the uncodified section as amended is deemed also to 61,442
have been marked with an asterisk. 61,443
An asterisk marking an uncodified section or item of law 61,445
has the form *. 61,446
1329
This section defines the meaning and form of, but is not 61,448
itself to be considered marked with, an asterisk. 61,449
Section 171. If the amendment or enactment in this act of 61,451
a codified or uncodified section of law is subject to the 61,452
referendum, the corresponding indications in the amending, 61,453
enacting, or existing repeal clauses commanding the amendment or 61,454
enactment also are subject to the referendum, along with the 61,455
amendment or enactment. If the amendment or enactment by this 61,456
act of a codified or uncodified section of law is not subject to 61,457
the referendum, the corresponding indications in the amending, 61,458
enacting, or existing repeal clauses commanding the amendment or 61,459
enactment also are not subject to the referendum, the same as the 61,460
amendment or enactment. 61,461
Section 172. An item, other than an amending, enacting, or 61,463
repealing clause, that composes the whole or part of an 61,464
uncodified section contained in this act has no effect after June 61,465
30, 2001, unless its context clearly indicates otherwise. 61,466
Section 173. The Tax Commissioner shall make the 61,468
adjustments required by section 5117.071 of the Revised Code for 61,469
the first time in 1999, for use in determining eligibility for 61,471
energy credits or payments during the 1999-2000 winter heating 61,472
season. To facilitate the implementation of the adjustment 61,473
mechanism in 1999, the commissioner may extend as necessary any 61,474
date specified in sections 5117.01 to 5117.12 of the Revised Code 61,475
for the performance of a particular action by the commissioner or 61,476
by an individual, energy company, or energy dealer. 61,477
Section 174. Sections 122.15, 122.152, 129.55, 129.63, 61,479
129.73, 718.01, 1555.12, 5528.36, 5703.052, 5703.053, 5727.01, 61,480
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 61,481
5727.48, 5727.50, 5727.60, and 5733.16 of the Revised Code, as 61,482
amended by this act, first apply to the excise tax year beginning 61,483
May 1, 2000. Sections 5727.24, 5727.25, 5727.26, 5727.27, 61,484
5727.28, and 5727.29 of the Revised Code, as enacted by this act, 61,485
first apply to gross receipts derived from taxable activities 61,486
1330
that occur after April 30, 2000. Natural gas companies and 61,487
combined electric and gas companies must file an annual statement 61,488
pursuant to section 5727.31 of the Revised Code on or before 61,489
August 1, 2000, and the Tax Commissioner shall issue an 61,490
assessment pursuant to section 5727.38 of the Revised Code on or 61,491
before the first Monday in November for the period ending April 61,492
30, 2000. Such companies shall have made and shall make payments 61,493
of the excise tax on gross receipts imposed by section 5727.30 of 61,495
the Revised Code on or before October 15, 1999, March 1, 2000, 61,496
and June 1, 2000, in accordance with section 5727.31 of the 61,497
Revised Code. Division (D) of section 5727.42 of the Revised 61,498
Code does not apply to the portion of any assessment issued by
the Tax Commissioner for the period ending April 30, 2000, that 61,499
reflects the excise tax owed on those gross receipts from 61,500
operating as a natural gas company that would have been subject 61,501
to the tax under section 5727.24 of the Revised Code, as enacted 61,502
by this act.
Section 175. Any natural gas company that, as of July 1, 61,504
1999, has over three hundred thousand open access residential 61,505
customers shall pay $10,300,000 on June 30, 2001, as an advance 61,506
payment of the tax imposed by section 5727.24 of the Revised 61,507
Code, as enacted by this act, for the quarter ending June 30, 61,508
2001. This payment is an advance payment of the tax that is due 61,509
within 45 days after the last day of June as required by division 61,510
(A) of section 5727.25 of the Revised Code, as enacted by this 61,511
act. The $10,300,000 payment shall be refundable to a natural 61,512
gas company as a credit in accordance with division (B) or (C) of 61,513
section 5727.29 of the Revised Code. 61,515
Section 176. The Public Utilities Commission shall not 61,517
order any surcharge, refunds, or credits in the rates of any 61,518
natural gas company or combined electric and gas company as a 61,519
result of or in response to the amendment of sections 5727.01, 61,520
5727.30, 5727.31, 5727.311, 5727.32, 5727.33, 5727.38, 5727.42, 61,521
5727.48, 5727.50, and 5727.60 and the enactment of sections 61,522
1331
5727.24, 5727.25, 5727.26, 5727.27, 5727.28, and 5727.29 of the 61,523
Revised Code under this act. The commission is not precluded 61,524
from considering the effects of the refund set forth in section 61,525
5727.29 of the Revised Code, as enacted by this act, in the 61,526
context of adjusting rates in a rate proceeding under Chapters 61,527
4909. and 4929. of the Revised Code. 61,528
Section 177. (A) The amendment by this act of section 61,530
5733.05 of the Revised Code applies to tax years 2000 and 61,531
thereafter.
(B) Any corporation that was entitled, for tax year 1999, 61,534
to make an exclusion from its capital, surplus, undivided
profits, or reserves under former division (A)(6) of section 61,535
5733.05 of the Revised Code as it existed prior to its amendment 61,536
by Am. Sub. H.B. 215 of the 122nd General Assembly is entitled to 61,538
claim a refundable credit against the corporation franchise tax 61,539
imposed by section 5733.06 of the Revised Code for tax year 2000. 61,540
The amount of the credit shall equal the difference between the 61,541
amount of corporation franchise tax the corporation paid for tax 61,542
year 1999 and the amount of corporation franchise tax that would 61,543
have been due from the corporation for that year if the exclusion 61,544
was made; plus an amount that bears the same ratio to the amount 61,545
of any penalty or interest paid by the corporation for that year 61,546
that the difference in tax bears to the amount of tax on account 61,547
of which the penalty or interest is charged. 61,548
Section 178.* (A) Except as otherwise provided in 61,550
division (B) of this section, section 5733.33 of the Revised 61,551
Code, as amended by this act, applies to all purchases of new 61,552
manufacturing machinery and equipment made on or after January 1, 61,553
2001, and to all baseline years used to compute any credit 61,555
attributable to such purchases.
(B) Division (I) of section 5733.33 of the Revised Code, 61,557
as amended by this act, may be applied solely at the election of 61,558
the taxpayer with respect to all purchases of new manufacturing 61,559
machinery and equipment made before January 1, 2001, and to all 61,560
1332
baseline years used to compute any credit attributable to such 61,561
purchases. Such an election may be made by a taxpayer at any 61,562
time, subject to the following: 61,563
(1) The election is irrevocable. 61,565
(2) The election need not accompany a timely filed report, 61,567
but the election may accompany a subsequently filed but timely 61,568
application for refund, a subsequently filed but timely amended 61,569
report, or a subsequently filed but timely petition for 61,570
reassessment. 61,571
Section 179. Sections 5733.39 and division (A)(8) of 61,573
section 5733.98 of the Revised Code, as amended or enacted by 61,575
this act, apply to taxable years beginning on or after January 1, 61,576
2001.
Section 180. (A) Divisions (A)(12) and (13) of section 61,578
5733.98 of the Revised Code, as amended by this act, and section 61,580
5733.42 of the Revised Code, as enacted by this act, shall first 61,581
apply to eligible training costs paid or incurred on or after 61,583
January 1, 2000. Section 5733.351 of the Revised Code, as
enacted by this act, shall first apply to qualified research 61,584
expenses paid or incurred on or after January 1, 2001. 61,585
(B) Notwithstanding division (C) of section 5733.42 of the 61,587
Revised Code, as enacted by this act, applications for a tax 61,588
credit certificate filed pursuant to that section prior to the 61,589
date the Department of Job and Family Services comes into 61,590
existence shall be filed with the Director of Development, and
the Director of Development shall perform the duties otherwise 61,591
assigned to the Director of Job and Family Services under that 61,592
section until that date. Rules adopted pursuant to division (F) 61,593
of that section by the Director of Development shall continue in 61,595
effect on and after that date, unless rescinded or amended by the 61,596
Director of Job and Family Services thereafter.
Section 181. The amendment of sections 5112.03, 5112.06, 61,598
5112.07, 5112.08, 5112.09, and 5112.17 of the Revised Code is not 61,599
intended to supersede the earlier repeal, with delayed effective 61,601
1333
date, of those sections.
Section 182. Section 102.02 of the Revised Code is 61,603
presented in this act as a composite of the section as amended by 61,604
both Sub. H.B. 26 and Am. Sub. H.B. 650 of the 122nd General 61,605
Assembly, with the new language of neither of the acts shown in 61,606
capital letters. This is in recognition of the principle stated 61,607
in division (B) of section 1.52 of the Revised Code that such 61,608
amendments are to be harmonized where not substantively 61,609
irreconcilable and constitutes a legislative finding that such is 61,610
the resulting version in effect prior to the effective date of 61,611
this act.
Section 183. Section 121.24 of the Revised Code is 61,613
presented in this act as a composite of the section as amended by 61,614
both Sub. H.B. 473 and Am. Sub. H.B. 538 of the 121st General 61,615
Assembly, with the new language of neither of the acts shown in 61,617
capital letters. This is in recognition of the principle stated 61,618
in division (B) of section 1.52 of the Revised Code that such 61,619
amendments are to be harmonized where not substantively 61,620
irreconcilable and constitutes a legislative finding that such is 61,621
the resulting version in effect prior to the effective date of 61,622
this act.
Section 184. Section 127.16 of the Revised Code is 61,624
presented in this act as a composite of the section as amended by 61,625
both Am. Sub. H.B. 649 and Am. Sub. H.B. 850 of the 122nd General 61,626
Assembly, with the new language of neither of the acts shown in 61,628
capital letters. This is in recognition of the principle stated 61,629
in division (B) of section 1.52 of the Revised Code that such 61,630
amendments are to be harmonized where not substantively 61,631
irreconcilable and constitutes a legislative finding that such is 61,632
the resulting version in effect prior to the effective date of 61,633
this act.
Section 185. Section 311.01 of the Revised Code is 61,635
presented in this act as a composite of the section as amended by 61,636
both Sub. H.B. 351 and Sub. H.B. 670 of the 121st General 61,637
1334
Assembly, with the new language of neither of the acts shown in 61,638
capital letters. This is in recognition of the principle stated 61,639
in division (B) of section 1.52 of the Revised Code that such 61,640
amendments are to be harmonized where not substantively 61,641
irreconcilable and constitutes a legislative finding that such is 61,642
the resulting version in effect prior to the effective date of 61,643
this act.
Section 186. Section 329.04 of the Revised Code is 61,645
presented in this act as a composite of the section as amended by 61,646
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 61,647
Assembly, with the new language of neither of the acts shown in 61,649
capital letters. This is in recognition of the principle stated 61,650
in division (B) of section 1.52 of the Revised Code that such 61,651
amendments are to be harmonized where not substantively 61,652
irreconcilable and constitutes a legislative finding that such is 61,653
the resulting version in effect prior to the effective date of 61,654
this act.
Section 187. Section 1547.67 of the Revised Code is 61,656
presented in this act as a composite of the section as amended by 61,657
both Am. Sub. H.B. 111 and Sub. H.B. 522 of the 118th General 61,658
Assembly, with the new language of neither of the acts shown in 61,660
capital letters. This is in recognition of the principle stated 61,661
in division (B) of section 1.52 of the Revised Code that such 61,662
amendments are to be harmonized where not substantively 61,663
irreconcilable and constitutes a legislative finding that such is 61,664
the resulting version in effect prior to the effective date of 61,665
this act.
Section 188. Section 3745.11 of the Revised Code is 61,667
presented in this act as a composite of the section as amended by 61,668
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 61,669
Assembly, with the new language of neither of the acts shown in 61,670
capital letters. This is in recognition of the principle stated 61,672
in division (B) of section 1.52 of the Revised Code that such 61,673
amendments are to be harmonized where not substantively 61,674
1335
irreconcilable and constitutes a legislative finding that such is 61,675
the resulting version in effect prior to the effective date of 61,676
this act.
Section 189. Section 4399.12 of the Revised Code is 61,678
presented in this act as a composite of the section as amended by 61,679
both Am. Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st General 61,680
Assembly, with the new language of neither of the acts shown in 61,682
capital letters. This is in recognition of the principle stated 61,683
in division (B) of section 1.52 of the Revised Code that such 61,684
amendments are to be harmonized where not substantively 61,685
irreconcilable and constitutes a legislative finding that such is 61,686
the resulting version in effect prior to the effective date of 61,687
this act.
Section 190. Section 5111.01 of the Revised Code is 61,689
presented in this act as a composite of the section as amended by 61,690
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 61,691
Assembly, with the new language of neither of the acts shown in 61,693
capital letters. This is in recognition of the principle stated 61,694
in division (B) of section 1.52 of the Revised Code that such 61,695
amendments are to be harmonized where not substantively 61,696
irreconcilable and constitutes a legislative finding that such is 61,697
the resulting version in effect prior to the effective date of 61,698
this act.
Section 191. Section 5139.43 of the Revised Code is 61,700
presented in this act as a composite of the section as amended by 61,701
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 61,702
Assembly, with the new language of neither of the acts shown in 61,704
capital letters. This is in recognition of the principle stated 61,705
in division (B) of section 1.52 of the Revised Code that such 61,706
amendments are to be harmonized where not substantively 61,707
irreconcilable and constitutes a legislative finding that such is 61,708
the resulting version in effect prior to the effective date of 61,709
this act.
Section 192. If any item of law that constitutes the whole 61,711
1336
or part of a codified or uncodified section of law contained in 61,712
this act, or if any application of any item of law that 61,713
constitutes the whole or part of a codified or uncodified section 61,715
of law contained in this act, is held invalid, the invalidity 61,716
does not affect other items of law or applications of items of 61,717
law that can be given effect without the invalid item of law or 61,718
application. To this end, the items of law of which the codified 61,719
and uncodified sections contained in this act are composed, and 61,720
their applications, are independent and severable.