As Passed by the Senate* 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 173 5
1999-2000 6
SENATORS DRAKE-KEARNS-SPADA-PRENTISS-HAGAN 8
_________________________________________________________________ 10
A B I L L
To amend sections 124.11, 329.05, 339.11, 339.16, 12
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 13
3313.55, 3317.03, 3701.01, 3701.14, 3702.62, 14
3727.01, 5705.01, 5705.191, 5705.20, and 5705.25; 15
to amend, for the purpose of adopting new section 16
numbers as indicated in parentheses, sections 17
339.38 (339.75), 339.39 (339.76), 339.42 18
(339.74), and 339.43 (339.77); to enact sections 19
339.71, 339.72, 339.73, 339.78, 339.79, 339.80, 20
339.81, 339.82, 339.83, 339.84, 339.85, 339.86, 21
339.87, 339.88, and 339.89; and to repeal
sections 339.20, 339.21, 339.22, 339.23, 339.231, 23
339.24, 339.25, 339.26, 339.27, 339.28, 339.29, 24
339.30, 339.31, 339.32, 339.33, 339.34, 339.35, 25
339.36, 339.37, 339.40, 339.41, 339.45, 339.46, 26
339.47, 339.50, 339.51, 339.52, 339.53, 339.54, 27
339.55, 339.56, 339.57, 339.58, 339.59, 339.60, 28
339.61, 339.62, 339.63, 339.64, 339.99, 3335.43, 29
3701.84, and 3707.11 of the Revised Code with
regard to the treatment of tuberculosis. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 124.11, 329.05, 339.11, 339.16, 35
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,
3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 5705.191, 37
5705.20, and 5705.25 be amended; sections 339.38 (339.75), 339.39 39
(339.76), 339.42 (339.74), and 339.43 (339.77) be amended for the 40
2
purpose of adopting new section numbers as indicated in 41
parentheses; and sections 339.71, 339.72, 339.73, 339.78, 339.79, 43
339.80, 339.81, 339.82, 339.83, 339.84, 339.85, 339.86, 339.87, 44
339.88, and 339.89 of the Revised Code be enacted to read as 45
follows:
Sec. 124.11. The civil service of the state and the 54
several counties, cities, civil service townships, city health 55
districts, general health districts, and city school districts 56
thereof shall be divided into the unclassified service and the 57
classified service. 58
(A) The unclassified service shall comprise the following 60
positions, which shall not be included in the classified service, 61
and which shall be exempt from all examinations required by this 62
chapter: 63
(1) All officers elected by popular vote or persons 65
appointed to fill vacancies in such offices; 66
(2) All election officers as defined in section 3501.01 of 68
the Revised Code; 69
(3) The members of all boards and commissions, and heads 71
of principal departments, boards, and commissions appointed by 72
the governor or by and with the governor's consent; and the 73
members of all boards and commissions and all heads of 74
departments appointed by the mayor, or, if there is no mayor, 75
such other similar chief appointing authority of any city or city 76
school district; except as otherwise provided in division (A)(17) 77
or (C) of this section, this chapter does not exempt the chiefs 78
of police departments and chiefs of fire departments of cities or 79
civil service townships from the competitive classified service; 80
(4) The members of county or district licensing boards or 82
commissions and boards of revision, and deputy county auditors; 83
(5) All officers and employees elected or appointed by 85
either or both branches of the general assembly, and such 86
employees of the city legislative authority as are engaged in 87
legislative duties; 88
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(6) All commissioned, warrant, and noncommissioned 90
officers and enlisted persons in the Ohio organized militia, 92
including military appointees in the adjutant general's 94
department;
(7)(a) All presidents, business managers, administrative 96
officers, superintendents, assistant superintendents, principals, 97
deans, assistant deans, instructors, teachers, and such employees 98
as are engaged in educational or research duties connected with 99
the public school system, colleges, and universities, as 100
determined by the governing body of the public school system, 101
colleges, and universities; 102
(b) The library staff of any library in the state 104
supported wholly or in part at public expense. 105
(8) Four clerical and administrative support employees for 107
each of the elective state officers; and three clerical and 108
administrative support employees for other elective officers and 109
each of the principal appointive executive officers, boards, or 110
commissions, except for civil service commissions, that are 111
authorized to appoint such clerical and administrative support 112
employees; 113
(9) The deputies and assistants of state agencies 115
authorized to act for and on behalf of the agency, or holding a 116
fiduciary or administrative relation to that agency and those 117
persons employed by and directly responsible to elected county 118
officials or a county administrator and holding a fiduciary or 119
administrative relationship to such elected county officials or 120
county administrator, and the employees of such county officials 121
whose fitness would be impracticable to determine by competitive 123
examination, provided that division (A)(9) of this section shall 124
not affect those persons in county employment in the classified 125
service as of September 19, 1961. Nothing in division (A)(9) of 126
this section applies to any position in a county department of 127
job and family services created pursuant to Chapter 329. of the 129
Revised Code. 130
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(10) Bailiffs, constables, official stenographers, and 132
commissioners of courts of record, deputies of clerks of the 133
courts of common pleas who supervise, or who handle public moneys 134
or secured documents, and such officers and employees of courts 135
of record and such deputies of clerks of the courts of common 136
pleas as the director of administrative services finds it 137
impracticable to determine their fitness by competitive 138
examination; 139
(11) Assistants to the attorney general, special counsel 141
appointed or employed by the attorney general, assistants to 142
county prosecuting attorneys, and assistants to city directors of 143
law; 144
(12) Such teachers and employees in the agricultural 146
experiment stations; such students in normal schools, colleges, 147
and universities of the state who are employed by the state or a 148
political subdivision of the state in student or intern 149
classifications; and such unskilled labor positions as the 150
director of administrative services or any municipal civil 151
service commission may find it impracticable to include in the 152
competitive classified service; provided such exemptions shall be 153
by order of the commission or the director, duly entered on the 154
record of the commission or the director with the reasons for 155
each such exemption; 156
(13) Any physician or dentist who is a full-time employee 158
of the department of mental health or the department of mental 159
retardation and developmental disabilities or of an institution 160
under the jurisdiction of either department; and physicians who 161
are in residency programs at the institutions; 162
(14) Up to twenty positions at each institution under the 164
jurisdiction of the department of mental health or the department 165
of mental retardation and developmental disabilities that the 166
department director determines to be primarily administrative or 167
managerial; and up to fifteen positions in any division of either 168
department, excluding administrative assistants to the director 169
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and division chiefs, which are within the immediate staff of a 170
division chief and which the director determines to be primarily 171
and distinctively administrative and managerial; 172
(15) Noncitizens of the United States employed by the 174
state, or its counties or cities, as physicians or nurses who are 175
duly licensed to practice their respective professions under the 176
laws of Ohio, or medical assistants, in mental, tuberculosis, or 177
chronic disease hospitals, or institutions; 178
(16) Employees of the governor's office; 180
(17) Fire chiefs and chiefs of police in civil service 182
townships appointed by boards of township trustees under section 183
505.38 or 505.49 of the Revised Code; 184
(18) Executive directors, deputy directors, and program 186
directors employed by boards of alcohol, drug addiction, and 187
mental health services under Chapter 340. of the Revised Code, 188
and secretaries of the executive directors, deputy directors, and 189
program directors; 190
(19) Superintendents, and management employees as defined 192
in section 5126.20 of the Revised Code, of county boards of 193
mental retardation and developmental disabilities; 194
(20) Physicians, nurses, and other employees of a county 196
hospital who are appointed pursuant to sections 339.03 and 339.06 197
of the Revised Code; 198
(21) The executive director of the state medical board, 200
who is appointed pursuant to division (B) of section 4731.05 of 201
the Revised Code; 202
(22) County directors of job and family services as 204
provided in section 329.02 of the Revised Code and administrators 206
appointed under section 329.021 of the Revised Code; 207
(23) A director of economic development who is hired 209
pursuant to division (A) of section 307.07 of the Revised Code; 210
(24) Chiefs of construction and compliance, of operations 212
and maintenance, and of licensing and certification in the 213
division of industrial compliance in the department of commerce; 214
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(25) The executive director of a county transit system 216
appointed under division (A) of section 306.04 of the Revised 217
Code;
(26) Up to five positions at each of the administrative 219
departments listed in section 121.02 of the Revised Code and at 220
the department of taxation, department of the adjutant general, 221
department of education, Ohio board of regents, bureau of 222
workers' compensation, industrial commission, state lottery 223
commission, and public utilities commission of Ohio that the head 224
of that administrative department or of that other state agency 225
determines to be involved in policy development and 226
implementation. The head of the administrative department or 227
other state agency shall set the compensation for employees in 228
these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the 229
maximum compensation specified in pay range 44 of salary schedule 230
E-2 in section 124.152 of the Revised Code. The authority to 231
establish positions in the unclassified service under division 232
(A)(26) of this section is in addition to and does not limit any 233
other authority that an administrative department or state agency 235
has under the Revised Code to establish positions, appoint
employees, or set compensation. 236
(27) Employees of the department of agriculture employed 238
under section 901.09 of the Revised Code; 239
(28) For cities, counties, civil service townships, city 241
health districts, general health districts, and city school 243
districts, the deputies and assistants of elective or principal 244
executive officers authorized to act for and in the place of 245
their principals or holding a fiduciary relation to their
principals; 246
(29) Employees who receive external interim, intermittent, 248
or temporary appointments under division (B) of section 124.30 of 249
the Revised Code;
(30) Employees appointed to administrative staff positions 251
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for which an appointing authority is given specific statutory 252
authority to set compensation; 253
(31) Employees appointed to highway patrol cadet or 255
highway patrol cadet candidate classifications. 256
(B) The classified service shall comprise all persons in 258
the employ of the state and the several counties, cities, city 259
health districts, general health districts, and city school 260
districts thereof, not specifically included in the unclassified 261
service. Upon the creation by the board of trustees of a civil 262
service township civil service commission, the classified service 263
shall also comprise, except as otherwise provided in division 264
(A)(17) or (C) of this section, all persons in the employ of 265
civil service township police or fire departments having ten or 266
more full-time paid employees. The classified service consists 267
of two classes, which shall be designated as the competitive 268
class and the unskilled labor class. 269
(1) The competitive class shall include all positions and 271
employments in the state and the counties, cities, city health 272
districts, general health districts, and city school districts 273
thereof, and upon the creation by the board of trustees of a 274
civil service township of a township civil service commission all 275
positions in civil service township police or fire departments 276
having ten or more full-time paid employees, for which it is 277
practicable to determine the merit and fitness of applicants by 278
competitive examinations. Appointments shall be made to, or 279
employment shall be given in, all positions in the competitive 280
class that are not filled by promotion, reinstatement, transfer, 281
or reduction, as provided in this chapter, and the rules of the 282
director of administrative services, by appointment from those 283
certified to the appointing officer in accordance with this 284
chapter. 285
(2) The unskilled labor class shall include ordinary 287
unskilled laborers. Vacancies in the labor class shall be filled 288
by appointment from lists of applicants registered by the 289
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director. The director or the commission, by rule, shall require 291
an applicant for registration in the labor class to furnish such 292
evidence or take such tests as the director considers proper with 293
respect to age, residence, physical condition, ability to labor, 294
honesty, sobriety, industry, capacity, and experience in the work 295
or employment for which application is made. Laborers who 296
fulfill the requirements shall be placed on the eligible list for 297
the kind of labor or employment sought, and preference shall be 298
given in employment in accordance with the rating received from 299
such evidence or in such tests. Upon the request of an 300
appointing officer, stating the kind of labor needed, the pay and 301
probable length of employment, and the number to be employed, the 302
director shall certify from the highest on the list double the 303
number to be employed; from this number the appointing officer 304
shall appoint the number actually needed for the particular work. 305
If more than one applicant receives the same rating, priority in 306
time of application shall determine the order in which their 307
names shall be certified for appointment. 308
(C) A municipal or civil service township civil service 310
commission may place volunteer firefighters who are paid on a 312
fee-for-service basis in either the classified or the 313
unclassified civil service. 314
(D) This division does not apply to persons in the 316
unclassified service who have the right to resume positions in 317
the classified service under sections 4121.121, 5119.071, 318
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 319
5501.19 of the Revised Code. 320
An appointing authority whose employees are paid directly 323
by warrant of the auditor of state may appoint a person who holds 324
a certified position in the classified service within the 325
appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant to this 328
division to a position in the unclassified service shall retain
the right to resume the position and status held by the person in 330
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the classified service immediately prior to the person's
appointment to the position in the unclassified service, 331
regardless of the number of positions the person held in the 333
unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to 334
that position in the classified service held previously, as 336
certified by the director of administrative services. If the
position the person previously held in the classified service has 337
been placed in the unclassified service or is otherwise 339
unavailable, the person shall be appointed to a position in the 340
classified service within the appointing authority's agency that 341
the director of administrative services certifies is comparable
in compensation to the position the person previously held in the 342
classified service. Service in the position in the unclassified 344
service shall be counted as service in the position in the 345
classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. 346
When a person is reinstated to a position in the classified 348
service as provided in this division, the person is entitled to 349
all rights, status, and benefits accruing to the position in the 350
classified service during the person's time of service in the
position in the unclassified service. 352
Sec. 329.05. The county department of job and family 361
services may administer or assist in administering any state or 363
local family services activity in addition to those mentioned in 366
section 329.04 of the Revised Code, supported wholly or in part 367
by public funds from any source provided by agreement between the 368
board of county commissioners and the officer, department, board, 369
or agency in which the administration of such activity is vested. 370
Such officer, department, board, or agency may enter into such 371
agreement and confer upon the county department of job and family 373
services, to the extent and in particulars specified in the 374
agreement, the performance of any duties and the exercise of any 375
powers imposed upon or vested in such officer, board, department, 376
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or agency, with respect to the administration of such activity. 377
Such agreement shall be in the form of a resolution of the board 378
of county commissioners, accepted in writing by the other party 379
to the agreement, and filed in the office of the county auditor, 380
and when so filed, shall have the effect of transferring the 381
exercise of the powers and duties to which the agreement relates 382
and shall exempt the other party from all further responsibility 383
for the exercise of the powers and duties so transferred, during 384
the life of the agreement. 385
Such agreement shall be coordinated and not conflict with a 387
partnership agreement entered into under section 307.98, a 388
contract entered into under section 307.981 or 307.982, a plan of 389
cooperation entered into under section 307.983, a regional plan 391
of cooperation entered into under section 307.984, a 392
transportation work plan developed under section 307.985, or 394
procedures for providing services to children whose families 396
relocate frequently established under section 307.986 of the 397
Revised Code. It may be revoked at the option of either party, 399
by a resolution or order of the revoking party filed in the 400
office of the auditor. Such revocation shall become effective at 401
the end of the fiscal year occurring at least six months 402
following the filing of the resolution or order. In the absence 403
of such an express revocation so filed, the agreement shall 404
continue indefinitely.
This section does not permit a county department of job and 406
family services to manage or control county or district 408
tuberculosis or other hospitals, humane societies, detention 409
homes, jails or probation departments of courts, or veterans 410
service commissions.
Sec. 339.11. The board of county commissioners may enter 419
INTO an agreement with one or more corporations or associations 421
organized for charitable purposes or for the purpose of 422
maintaining and operating a hospital in any county in which such 423
hospital has been established, for the care of the indigent sick
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and disabled, excepting INCLUDING INDIGENT persons afflicted with 424
pulmonary RECEIVING THE tuberculosis, upon such TREATMENT 425
SPECIFIED IN SECTION 339.73 OF THE REVISED CODE. THE DOCUMENT 426
USED TO VERIFY THE AGREEMENT SHALL SPECIFY THE terms as are THAT 428
HAVE BEEN agreed upon between BY the board and such corporations 429
or associations. Such board shall provide for the payment of the 430
amount agreed upon in one payment, or installments, or so much 431
from year to year as the parties stipulate. This section does 432
not authorize the payment of public funds to a sectarian 433
institution, EXCEPT WHEN THE PAYMENT IS MADE PURSUANT TO SECTIONS 434
339.71 TO 339.89 OF THE REVISED CODE. The board may employ the
necessary and properly qualified employees to assist it in 437
carrying out all responsibilities devolving upon such board by 438
reason of any agreement, entered into in accordance with this 439
section.
Sec. 339.16. A board of trustees of any county hospital, 448
or of any county or district tuberculosis hospital, may contract 449
for, purchase, or otherwise procure on behalf of any or all of 450
its employees or such employees and their immediate dependents 451
the following types of fringe benefits: 452
(A) Group or individual insurance contracts which may 454
include life, sickness, accident, disability, annuities, 455
endowment, health, medical expense, hospital, dental, surgical 456
and related coverage or any combination thereof; 457
(B) Group or individual contracts with health insuring 459
corporations or other providers of professional services, care, 461
or benefits duly authorized to do business in this state.
A board of trustees of any county hospital, or of any 463
county or district tuberculosis hospital, may contract for, 464
purchase, or otherwise procure insurance contracts which provide 465
protection for the trustees and employees against liability, 466
including professional liability, provided that this section or 467
any insurance contract issued pursuant to this section shall not 468
be construed as a waiver of or in any manner affect the immunity 469
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of the hospital or county. 470
All or any portion of the cost, premium, fees, or charges 472
therefor may be paid in such manner or combination of manners as 473
the board of trustees may determine, including direct payment by 474
the employee, and, if authorized in writing by the employee, by 475
the board of trustees with moneys made available by deduction 476
from or reduction in salary or wages or by the foregoing of a 477
salary or wage increase. 478
Notwithstanding sections 3917.01 and 3917.06 of the Revised 480
Code, the board of trustees may purchase group life insurance 481
authorized by this section by reason of payment of premiums 482
therefor by the board of trustees from its funds, and such group 483
life insurance may be issued and purchased if otherwise 484
consistent with sections 3917.01 to 3917.06 of the Revised Code. 485
Sec. 339.17. (A) Sections 140.03 and 140.05 of the 494
Revised Code are alternatives to sections 339.02 to 339.13 of the 495
Revised Code. Sections 339.02 to 339.14 and 339.21 to 339.39 of 496
the Revised Code are not applicable with respect to hospital 497
facilities and services provided for under leases or agreements 498
entered into pursuant to section 140.03 or 140.05 of the Revised 499
Code, except to the extent made applicable by section 140.03 or 500
140.05 of the Revised Code and the leases and agreements made 501
thereunder. 502
(B) Notwithstanding division (A) of this section, the 504
requirements of sections 339.091 and 339.092 of the Revised Code 505
apply to an initial agreement with a board of county 506
commissioners, board of county hospital trustees, or county 507
hospital commission for the acquisition, operation, or lease of a 508
county hospital operated by a board of county hospital trustees 509
under section 339.06 of the Revised Code, entered into pursuant 510
to section 140.03 or 140.05 of the Revised Code, but not to any 511
amendment or renewal of such agreement. 512
Sec. 339.71. AS USED IN THIS SECTION AND SECTIONS 339.72 514
TO 339.89 OF THE REVISED CODE: 515
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(A) "ACTIVE TUBERCULOSIS" MEANS TUBERCULOSIS THAT HAS BEEN 518
DEMONSTRATED BY CLINICAL, BACTERIOLOGICAL, OR RADIOGRAPHIC 519
EVIDENCE TO BE PRESENT IN AN INDIVIDUAL WHO HAS NOT COMPLETED AN 521
APPROPRIATE COURSE OF ANTI-TUBERCULOSIS MEDICATION, REGARDLESS OF 522
THE STAGE OF COMMUNICABILITY OF THE TUBERCULOSIS, AND INCLUDES 523
BOTH PULMONARY AND EXTRAPULMONARY TUBERCULOSIS. 524
(B) "COMMUNICABLE TUBERCULOSIS" MEANS ACTIVE PULMONARY 527
TUBERCULOSIS THAT HAS BEEN DETERMINED, THROUGH EXAMINATION OF A
CULTURE OF SPECIMENS OBTAINED FROM THE INDIVIDUAL'S RESPIRATORY 528
TRACT, TO BE IN A STAGE AT WHICH IT CAN BE TRANSMITTED TO ANOTHER 530
INDIVIDUAL.
(C) "EXTRAPULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 533
AFFECTS TISSUES OF THE BODY OTHER THAN THE LUNGS.
(D) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 536
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 537
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 538
(E) "PULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 540
AFFECTS THE LUNGS. 541
(F) "TUBERCULOSIS" MEANS THE INFECTIOUS DISEASE OCCURRING 544
IN HUMANS THAT IS CAUSED BY ONE OF THE FOLLOWING MICROORGANISMS: 545
(1) MYCOBACTERIUM TUBERCULOSIS; 547
(2) MYCOBACTERIUM BOVIS; 549
(3) MYCOBACTERIUM AFRICANUM. 551
Sec. 339.72. (A) EACH BOARD OF COUNTY COMMISSIONERS SHALL 553
PROVIDE FOR THE COUNTY TO BE SERVED BY A TUBERCULOSIS CONTROL 554
UNIT BY DESIGNATING A COUNTY TUBERCULOSIS CONTROL UNIT OR BY 555
ENTERING INTO AN AGREEMENT WITH ONE OR MORE BOARDS OF COUNTY 556
COMMISSIONERS OF OTHER COUNTIES UNDER WHICH THE BOARDS JOINTLY 557
DESIGNATE A DISTRICT TUBERCULOSIS CONTROL UNIT. THE ENTITY 558
DESIGNATED AS THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 559
MAY BE ANY OF THE FOLLOWING: 560
(1) A COMMUNICABLE DISEASE CONTROL PROGRAM OPERATED BY A 563
BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO 564
SECTION 3709.22 OF THE REVISED CODE;
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(2) A TUBERCULOSIS PROGRAM OPERATED BY A COUNTY THAT 566
RECEIVES FUNDS PURSUANT TO SECTION 339.77 OF THE REVISED CODE; 568
(3) A TUBERCULOSIS CLINIC ESTABLISHED BY A BOARD OF COUNTY 571
COMMISSIONERS PURSUANT TO SECTION 339.76 OF THE REVISED CODE; 572
(4) A HOSPITAL THAT PROVIDES TUBERCULOSIS CLINIC SERVICES 575
UNDER A CONTRACT WITH A BOARD OF COUNTY COMMISSIONERS PURSUANT TO 576
SECTION 339.75 OF THE REVISED CODE.
(B) THE ENTITY DESIGNATED UNDER DIVISION (A) OF THIS 578
SECTION AS THE TUBERCULOSIS CONTROL UNIT SHALL ACCEPT THAT 579
DESIGNATION AND FULFILL ITS DUTIES AS THE TUBERCULOSIS CONTROL 580
UNIT SPECIFIED UNDER SECTIONS 339.71 TO 339.89 OF THE REVISED 581
CODE.
Sec. 339.73. EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL 583
UNIT SHALL ENSURE THAT TUBERCULOSIS TREATMENT IS MADE AVAILABLE 584
TO ALL INDIVIDUALS WITH TUBERCULOSIS WHO RESIDE IN THE AREA 586
SERVED BY THE UNIT. IN MAKING TREATMENT AVAILABLE, THE
TUBERCULOSIS CONTROL UNIT MAY PROVIDE THE TREATMENT OR MAKE 587
REFERRALS FOR RECEIPT OF TREATMENT FROM OTHER ENTITIES. THE UNIT 588
MAY MAKE REFERRALS FOR RECEIPT OF TEMPORARY HOUSING. 589
THE TUBERCULOSIS TREATMENT PROVIDED UNDER THIS SECTION IS 591
LIMITED TO CASES OF ACTIVE TUBERCULOSIS AND INCLUDES PROVISION OF 592
ANTI-TUBERCULOSIS MEDICATION, CONDUCT OF AN INVESTIGATION UNDER 593
SECTION 339.80 OF THE REVISED CODE, PROVISION OF APPROPRIATE 594
FOLLOW-UP SERVICES FOR CONFIRMED CASES OF ACTIVE TUBERCULOSIS,
AND PROVISION OF SERVICES BY A PHYSICIAN THROUGH A COURSE OF 595
THERAPY THAT MEETS THE STANDARDS FOR TUBERCULOSIS TREATMENT 596
ESTABLISHED BY THE UNITED STATES CENTERS FOR DISEASE CONTROL AND 597
PREVENTION OR THE AMERICAN THORACIC SOCIETY. 598
THE TUBERCULOSIS CONTROL UNIT SHALL SERVE ALL RESIDENTS 600
WITHIN ITS JURISDICTION, REGARDLESS OF THE LENGTH OF TIME THAT 601
THE INDIVIDUAL HAS RESIDED IN THE AREA OR THE INDIVIDUAL'S INCOME 602
AND RESOURCES. AN INDIVIDUAL WHO RECEIVES TUBERCULOSIS TREATMENT 603
SHALL DISCLOSE TO THE TUBERCULOSIS CONTROL UNIT THE IDENTITY OF 604
ANY THIRD PARTY AGAINST WHOM THE INDIVIDUAL HAS OR MAY HAVE A 605
15
RIGHT OF RECOVERY FOR THE TREATMENT PROVIDED. THE BOARD OF
COUNTY COMMISSIONERS IS THE PAYOR OF LAST RESORT FOR TUBERCULOSIS 606
TREATMENT AND SHALL PAY FOR TREATMENT ONLY TO THE EXTENT THAT 607
PAYMENT IS NOT MADE THROUGH THIRD-PARTY BENEFITS. 608
Sec. 339.42 339.74. The county commissioners of each 617
county EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT shall 618
establish a TUBERCULOSIS record bureau, appoint a director 620
thereof, and appoint such assistants as are required to keep and 621
maintain adequate records with respect to all known cases of 623
tuberculosis within the county. The county commissioners may
delegate the authority to operate such bureau to a county or 624
district tuberculosis hospital, a county tuberculosis clinic, a 625
joint county tuberculosis clinic, or a city or general health 626
district. All tuberculosis hospitals, tuberculosis clinics, 627
general and private hospitals and all boards of health shall
immediately report all cases of tuberculosis which are known to 628
them to such record bureau, and they shall supply the bureau with 629
such data with respect to such cases and with respect to the 630
persons who live or work in close contact with such cases as it 631
requests AREA SERVED BY THE UNIT.
Sec. 339.38 339.75. The board of county commissioners of 640
any county may contract with the board of trustees of a county or 641
district tuberculosis HEALTH OF A CITY OR GENERAL HEALTH DISTRICT 642
OR ANY hospital or with the director of health OTHER HEALTH CARE 644
FACILITY for clinic services or for the care, treatment, and 645
maintenance of residents of the county who are suffering from THE 646
PROVISION OF THE tuberculosis TREATMENT SPECIFIED UNDER SECTION 647
339.73 OF THE REVISED CODE. The board of county commissioners of 648
the county in which such patients reside shall pay to the board 649
of trustees of such county or district tuberculosis hospital, or 650
to the treasurer of state, HEALTH OR HEALTH CARE FACILITY WITH 651
WHICH IT CONTRACTS the amount provided in the contract. They 653
shall also pay for the transportation of patients and attendants. 654
The board of county commissioners may also contract for the care 655
16
and treatment of residents of the county suffering from 656
tuberculosis with a general hospital, properly equipped both as 657
to personnel and facilities for the care and treatment of 658
tuberculosis, or with a person, firm, association, or corporation 659
operating a hospital exclusively for the care and treatment of 660
the tuberculous. No contract shall be made unless such general 661
or private hospital has been inspected and approved by the 662
department of health. Such approval may be withdrawn and such 663
contract shall be cancelled, if, in the judgment of the 664
department, such general or private hospital is not properly 665
managed. If such approval is withdrawn, the person, firm, 666
association, or corporation operating such institutions may 667
appeal to the public health council for a decision. 668
Sec. 339.39 339.76. The board of county commissioners of 677
any county may establish and maintain one or more tuberculosis 678
clinics in the county, AND may employ physicians, public health 679
nurses, and other persons for the operation of such clinics or 680
other means as are provided for the prevention, cure, and 681
treatment of tuberculosis, and. THE BOARD may provide by tax 683
levies, or otherwise, the necessary funds for such clinics to be 684
established, maintained, and operated. Clinics so established 685
shall be under the control of the board of county commissioners, 686
and shall be supervised by a board of three trustees, similar in 687
all respects to and with all the powers enjoyed by a board of 688
trustees of a county tuberculosis hospital, or by a city or 689
general district board of health within the county, as the board 690
of county commissioners designates. 691
The boards of county commissioners of two or more counties 693
may join together to establish a joint county tuberculosis 694
clinic. Clinics so established shall be under the control of the 695
joint boards of county commissioners of the member counties and 696
shall be supervised by a board of trustees, such board to consist 697
of an equal number of trustees from each of the member counties, 698
with all of the powers enjoyed by a board of trustees of a county 699
17
tuberculosis hospital, or by a city or general health district 700
board of health within the county where the clinic is located, as 701
the member boards of county commissioners shall designate. The 702
cost of the establishment and the maintenance of such clinics 703
shall be distributed among the member counties as agreed upon by 704
such members, and such costs shall be paid from the respective 705
county general funds, or from tax levies, or both. 706
Sec. 339.43 339.77. (A) The director of health shall make 715
available financial assistance for treatment of tuberculosis 716
patients to counties operating an acceptable tuberculosis 718
program. Annually, the director shall pay to the BOARDS OF 719
county commissioners of the patient's legal residence a 720
per-active-case amount that equals the annually appropriated 723
funds divided by the number of active cases with documented 724
completion of an approved course of treatment during the previous 725
fiscal year. Total payment shall not exceed the amount of funds 726
appropriated for the purpose. The Ohio public health council 727
DIRECTOR shall provide forms for documentation and shall 728
determine what constitutes an "acceptable tuberculosis program," 729
an "approved course of treatment," and an "active case." The 731
director or his THE DIRECTOR'S authorized agent shall upon 732
request be allowed access to any patient's medical records in 733
order to verify the accuracy of the information submitted to 734
justify such financial assistance. If such medical records are 735
denied or are unavailable, the financial assistance shall 736
terminate or be denied.
(B) ANNUALLY, THE DIRECTOR SHALL REIMBURSE BOARDS OF 738
COUNTY COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS 739
WITH TUBERCULOSIS. TOTAL PAYMENT SHALL NOT EXCEED THE AMOUNT OF 740
FUNDS APPROPRIATED FOR THE COST OF DETENTION. THE DIRECTOR SHALL 741
PRESCRIBE THE RATE OF REIMBURSEMENT FOR DETENTION. ANY FUNDS NOT 742
EXPENDED FOR DETENTION BY THE END OF A FISCAL YEAR SHALL BE 743
DISBURSED TO BOARDS OF COUNTY COMMISSIONERS FOR USE IN ACCORDANCE 744
WITH DIVISION (A) OF THIS SECTION.
18
Sec. 339.78. (A) WHEN A PHYSICIAN COMPLETES DIAGNOSTIC 747
STUDIES CONFIRMING THAT AN INDIVIDUAL HAS TUBERCULOSIS, THE 748
PHYSICIAN SHALL REPORT THE CONFIRMED CASE OF TUBERCULOSIS TO THE 749
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT. A PHYSICIAN SHALL 750
MAKE A REPORT TO THE TUBERCULOSIS CONTROL UNIT PRIOR TO 751
COMPLETION OF DIAGNOSTIC STUDIES IF THE SIGNS AND SYMPTOMS 752
DEMONSTRATED BY AN INDIVIDUAL ARE SUFFICIENT FOR THE PHYSICIAN TO 753
SUSPECT THAT THE INDIVIDUAL HAS TUBERCULOSIS. AT ANY TIME IT IS 754
DETERMINED THAT AN INDIVIDUAL'S TUBERCULOSIS IS RESISTANT TO ONE 755
OR MORE DRUGS, THE PHYSICIAN SHALL MAKE A REPORT TO THE UNIT. 756
THE PHYSICIAN ATTENDING AN INDIVIDUAL WITH TUBERCULOSIS 758
SHALL DOCUMENT THE INDIVIDUAL'S ADHERENCE TO THE TREATMENT 759
REGIMEN THAT THE PHYSICIAN PRESCRIBES AND MAKE A REPORT TO THE 760
TUBERCULOSIS CONTROL UNIT IF THE INDIVIDUAL DOES NOT ADHERE TO 761
THE REGIMEN.
IN EACH REPORT MADE UNDER THIS DIVISION, THE PHYSICIAN 763
SHALL PROVIDE ALL INFORMATION THAT THE TUBERCULOSIS CONTROL UNIT 764
REQUESTS. THE INFORMATION SHALL BE PROVIDED AT INTERVALS 765
SPECIFIED BY THE TUBERCULOSIS CONTROL UNIT. 766
(B) IN ADDITION TO ACCEPTING REPORTS MADE BY PHYSICIANS 768
UNDER DIVISION (A) OF THIS SECTION, A COUNTY OR DISTRICT 769
TUBERCULOSIS CONTROL UNIT SHALL ACCEPT REPORTS MADE AS FOLLOWS: 770
(1) THE ADMINISTRATOR OF A HOSPITAL, CLINIC, OR OTHER 772
FACILITY THAT IS PROVIDING SERVICES TO AN INDIVIDUAL WHO IS 773
CONFIRMED TO HAVE OR IS SUSPECTED OF HAVING TUBERCULOSIS SHALL 774
REPORT THE CASE TO THE TUBERCULOSIS CONTROL UNIT; 776
(2) THE ADMINISTRATOR OF A LABORATORY THAT PERFORMS TESTS 778
FOR TUBERCULOSIS ON HUMAN SPECIMENS SHALL REPORT TO THE 779
TUBERCULOSIS CONTROL UNIT EACH POSITIVE TUBERCULOSIS TEST RESULT 780
OBTAINED;
(3) ANY PERSON WHO SUSPECTS THAT AN INDIVIDUAL HAS 782
TUBERCULOSIS MAY REPORT THAT SUSPICION TO THE TUBERCULOSIS 783
CONTROL UNIT. 784
Sec. 339.79. A COUNTY OR DISTRICT TUBERCULOSIS CONTROL 786
19
UNIT SHALL MAKE A REPORT TO THE DEPARTMENT OF HEALTH EACH TIME 787
THE UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE REVISED 788
CODE OF A SUSPECTED OR CONFIRMED CASE OF TUBERCULOSIS OR A CASE 789
OF TUBERCULOSIS THAT IS RESISTANT TO ONE OR MORE DRUGS. IF THE 792
REPORT PERTAINS TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF THIS 793
STATE, THE UNIT ALSO SHALL MAKE A REPORT TO THE STATE OR LOCAL 794
PUBLIC HEALTH AGENCY THAT SERVES THE STATE IN WHICH THE 795
INDIVIDUAL RESIDES.
Sec. 339.80. WHEN A COUNTY OR DISTRICT TUBERCULOSIS 797
CONTROL UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE 799
REVISED CODE OF A CONFIRMED OR SUSPECTED CASE OF TUBERCULOSIS, 800
THE UNIT SHALL CONDUCT AN INVESTIGATION THAT INCLUDES PERSONAL 801
CONTACT WITH THE INDIVIDUAL WITH TUBERCULOSIS. THE INVESTIGATION 802
SHALL COMMENCE NOT LATER THAN THREE WORKING DAYS AFTER THE UNIT 803
RECEIVES THE REPORT. 804
Sec. 339.81. ANY INFORMATION, DATA, AND REPORTS WITH 807
RESPECT TO A CASE OF TUBERCULOSIS THAT ARE FURNISHED TO, OR 808
PROCURED BY, A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT OR 809
THE DEPARTMENT OF HEALTH SHALL BE CONFIDENTIAL AND USED ONLY FOR 811
STATISTICAL, SCIENTIFIC, AND MEDICAL RESEARCH FOR THE PURPOSE OF 812
CONTROLLING TUBERCULOSIS IN THIS STATE. NO PHYSICIAN, HOSPITAL, 813
OR OTHER ENTITY FURNISHING INFORMATION, DATA, OR REPORTS PURSUANT 814
TO THIS CHAPTER SHALL BY REASON OF SUCH FURNISHING BE DEEMED TO 816
HAVE VIOLATED ANY CONFIDENTIAL RELATIONSHIP, BE HELD TO ANSWER
FOR WILLFUL BETRAYAL OF A PROFESSIONAL CONFIDENCE, OR BE HELD 818
LIABLE IN DAMAGES TO ANY PERSON. 819
Sec. 339.82. EXCEPT AS PROVIDED IN SECTION 339.89 OF THE 821
REVISED CODE, ALL OF THE FOLLOWING APPLY TO INDIVIDUALS WITH 822
TUBERCULOSIS:
(A)(1) AN INDIVIDUAL WHO HAS BEEN DIAGNOSED AS HAVING 825
ACTIVE TUBERCULOSIS SHALL COMPLETE THE ENTIRE TUBERCULOSIS 826
TREATMENT REGIMEN PRESCRIBED FOR THE INDIVIDUAL BY A PHYSICIAN. 827
THE REGIMEN PRESCRIBED SHALL INCLUDE A COURSE OF
ANTI-TUBERCULOSIS MEDICATION, RECOMMENDATIONS FOR MANAGEMENT OF 828
20
TUBERCULOSIS, AND INSTRUCTIONS FOR FOLLOWING CONTAGION 829
PRECAUTIONS TO PREVENT THE SPREAD OF TUBERCULOSIS. 830
(2) IF AN INDIVIDUAL FAILS TO TAKE PRESCRIBED 832
ANTI-TUBERCULOSIS MEDICATION IN ACCORDANCE WITH DIVISION (A)(1) 833
OF THIS SECTION, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 834
SHALL ESTABLISH A PROCEDURE UNDER WHICH THE INDIVIDUAL IS 835
REQUIRED TO BE WITNESSED INGESTING THE ANTI-TUBERCULOSIS 836
MEDICATION BY INDIVIDUALS DESIGNATED BY THE UNIT. THE INDIVIDUAL 837
SHALL TAKE THE MEDICATION IN ACCORDANCE WITH THE PROCEDURE. 838
(B) AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO IS 841
NOT HOSPITALIZED OR OTHERWISE CONFINED SHALL NOT ATTEND ANY 842
PUBLIC GATHERING OR BE IN ANY PUBLIC PLACE THAT THE COUNTY OR
DISTRICT TUBERCULOSIS CONTROL UNIT DETERMINES CANNOT BE 843
MAINTAINED IN A MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD 844
OF THE DISEASE. AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO 845
CANNOT BE MAINTAINED OUTSIDE OF A HOSPITAL IN A MANNER ADEQUATE 846
TO PROTECT OTHERS FROM THE SPREAD OF THE DISEASE SHALL SUBMIT TO 847
HOSPITALIZATION AND REMAIN HOSPITALIZED.
(C) AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS WHO INTENDS TO 850
TRAVEL OR RELOCATE SHALL NOTIFY THE COUNTY OR DISTRICT
TUBERCULOSIS CONTROL UNIT. THE UNIT SHALL NOTIFY THE 851
TUBERCULOSIS CONTROL UNIT OF THE TUBERCULOSIS CONTROL DISTRICT TO 853
WHICH THE INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE OR THE
APPROPRIATE PUBLIC HEALTH AUTHORITY OF THE STATE TO WHICH THE 854
INDIVIDUAL INTENDS TO TRAVEL OR RELOCATE. 855
Sec. 339.83. WHEN A COUNTY OR DISTRICT TUBERCULOSIS 857
CONTROL UNIT BECOMES AWARE THAT AN INDIVIDUAL WITH ACTIVE OR 858
COMMUNICABLE TUBERCULOSIS IS NOT IN COMPLIANCE WITH SECTION 859
339.82 OF THE REVISED CODE, THE UNIT SHALL INFORM THE INDIVIDUAL 860
THAT SECTION 339.82 OF THE REVISED CODE REQUIRES COMPLIANCE AND 861
THAT THE UNIT MAY ISSUE AN ORDER UNDER SECTION 339.84 OF THE 863
REVISED CODE COMPELLING THE INDIVIDUAL TO COMPLY.
Sec. 339.84. IF AN INDIVIDUAL FAILS TO COMPLY WITH SECTION 866
339.82 OF THE REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS 867
21
CONTROL UNIT MAY ISSUE AN ORDER COMPELLING THE INDIVIDUAL TO 869
COMPLY.
Sec. 339.85. IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 871
ORDER ISSUED UNDER SECTION 339.84 OF THE REVISED CODE, THE COUNTY 872
OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY APPLY TO THE PROBATE 874
COURT OF THE APPROPRIATE COUNTY FOR AN INJUNCTION PROHIBITING THE
INDIVIDUAL FROM CONTINUING TO VIOLATE THE UNIT'S ORDER. IF THE 876
TUBERCULOSIS CONTROL UNIT BELIEVES THAT AN INDIVIDUAL'S FAILURE 877
TO COMPLY WITH ITS ORDER INVOLVES AN IMMEDIATE DANGER TO THE 878
PUBLIC HEALTH, THE UNIT MAY REQUEST THAT THE COURT ISSUE AN 879
INJUNCTION WITHOUT GRANTING THE INDIVIDUAL AN OPPORTUNITY FOR A 880
PRIOR HEARING OR THAT THE COURT HOLD AN EXPEDITED HEARING ON THE 881
MATTER.
Sec. 339.86. (A) IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 884
INJUNCTION ISSUED UNDER SECTION 339.85 OF THE REVISED CODE, THE 885
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY REQUEST THAT THE 886
PROBATE COURT OF THE APPROPRIATE COUNTY ISSUE AN ORDER UNDER 887
WHICH THE UNIT IS GRANTED THE AUTHORITY TO DETAIN THE INDIVIDUAL 888
IN A HOSPITAL OR OTHER PLACE TO BE EXAMINED OR TREATED FOR 890
TUBERCULOSIS. IN THE REQUEST, THE UNIT SHALL PROVIDE THE 891
FOLLOWING INFORMATION:
(1) THE NAME OF THE INDIVIDUAL; 893
(2) THE PURPOSE OF MAKING THE REQUEST FOR DETENTION; 896
(3) AN INDIVIDUALIZED ASSESSMENT THAT CONTAINS A 898
DESCRIPTION OF THE CIRCUMSTANCES AND BEHAVIOR OF THE INDIVIDUAL 899
THAT CONSTITUTES THE BASIS FOR MAKING THE REQUEST; 900
(4) A RECOMMENDATION FOR THE LENGTH OF TIME THAT THE 902
INDIVIDUAL SHOULD BE DETAINED; 903
(5) A RECOMMENDATION OF A HOSPITAL OR OTHER PLACE TO BE 906
USED FOR THE DETENTION.
(B) THE COURT MAY ISSUE AN ORDER FOR DETENTION FOR AN 909
INITIAL PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS. AT THE 910
END OF THE INITIAL PERIOD OF DETENTION, THE COURT SHALL REVIEW 911
THE CASE AND MAY EXTEND THE ORDER FOR SUBSEQUENT PERIODS OF NOT 912
22
MORE THAN NINETY DAYS. AT THE END OF EACH SUBSEQUENT PERIOD OF 913
DETENTION, THE COURT SHALL REVIEW THE CASE. WHEN THE COURT 914
RECEIVES SATISFACTORY EVIDENCE THAT THE INDIVIDUAL SUBJECT TO THE 915
ORDER NO LONGER HAS ACTIVE TUBERCULOSIS, THE COURT SHALL 916
TERMINATE THE ORDER FOR DETENTION. 917
(C) AN INDIVIDUAL WHO HAS BEEN DETAINED UNDER THIS SECTION 920
MAY PROVIDE THE TUBERCULOSIS CONTROL UNIT WITH THE NAMES, 921
ADDRESSES, AND TELEPHONE NUMBERS OF RELATIVES AND FRIENDS TO BE 922
NOTIFIED OF THE DETENTION, AND THE UNIT SHALL NOTIFY ALL OR A 923
REASONABLE NUMBER OF THOSE INDIVIDUALS. AN INDIVIDUAL WHO HAS 924
BEEN DETAINED SHALL NOT BE SUBJECT TO FORCIBLE ADMINISTRATION OF 925
ANTI-TUBERCULOSIS MEDICATION. THE INDIVIDUAL MAY, AT ANY TIME, 926
SUBMIT A REQUEST TO THE TUBERCULOSIS CONTROL UNIT TO BE RELEASED 927
FROM DETENTION.
DURING ANY PROCEEDING PERTAINING TO AN INDIVIDUAL'S 929
DETENTION OR PROPOSED DETENTION, THE INDIVIDUAL HAS THE RIGHT TO 930
BE REPRESENTED BY COUNSEL. IF THE INDIVIDUAL IS INDIGENT, THE 931
INDIVIDUAL MAY APPLY FOR COURT-APPOINTED COUNSEL. THE COURT MAY 932
APPOINT COUNSEL FOR THE INDIVIDUAL IF IT DETERMINES THAT THE 933
INDIVIDUAL IS INDIGENT.
Sec. 339.87. (A) WHEN A TUBERCULOSIS CONTROL UNIT HAS 935
REASONABLE GROUNDS TO BELIEVE THAT AN INDIVIDUAL WHO HAS, OR IS 936
SUSPECTED OF HAVING, ACTIVE TUBERCULOSIS POSES A SUBSTANTIAL 937
DANGER TO THE HEALTH OF OTHER INDIVIDUALS, THE TUBERCULOSIS 938
CONTROL UNIT MAY ISSUE AN EMERGENCY DETENTION ORDER DIRECTING A 939
SHERIFF OR OTHER LAW ENFORCEMENT OFFICER TO REMOVE THE INDIVIDUAL 940
TO A HOSPITAL OR OTHER PLACE TO BE EXAMINED AND TREATED FOR
TUBERCULOSIS. 941
(B) NOT LATER THAN THE END OF THE THIRD BUSINESS DAY AFTER 943
DETENTION OF AN INDIVIDUAL UNDER DIVISION (A) OF THIS SECTION, 944
THE TUBERCULOSIS CONTROL UNIT SHALL APPLY TO THE PROBATE COURT OF 945
THE COUNTY FROM WHICH THE INDIVIDUAL WAS REMOVED FOR A DETENTION 946
ORDER UNDER DIVISION (B) OF SECTION 339.86 OF THE REVISED CODE. 947
IF A REQUEST IS NOT FILED IN THAT TIME, THE INDIVIDUAL SHALL BE 948
23
IMMEDIATELY RELEASED. AN INDIVIDUAL RELEASED FOR THIS REASON 949
SHALL NOT BE DETAINED BY A SUBSEQUENT ORDER UNDER DIVISION (A) OF 950
THIS SECTION UNLESS THE TUBERCULOSIS CONTROL UNIT FIRST OBTAINS
AN ORDER FROM THE PROBATE COURT PURSUANT TO DIVISION (B) OF 951
SECTION 339.86 OF THE REVISED CODE. 952
Sec. 339.88. THE EXPENSES INCURRED FOR DETENTION UNDER 954
SECTION 339.86 OR 339.87 OF THE REVISED CODE SHALL BE PAID BY THE 955
INDIVIDUAL DETAINED OR IF THE INDIVIDUAL IS INDIGENT, BY THE 956
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY FROM WHICH THE 957
INDIVIDUAL WAS REMOVED. THE BOARD OF COUNTY COMMISSIONERS MAY 958
APPLY TO THE DIRECTOR OF HEALTH FOR REIMBURSEMENT UNDER SECTION 959
339.77 OF THE REVISED CODE FOR EXPENSES OF DETAINING INDIGENT
INDIVIDUALS WITH TUBERCULOSIS. 960
Sec. 339.89. SECTIONS 339.71 TO 339.88 OF THE REVISED 962
CODE, AND THE RULES FOR TUBERCULOSIS ADOPTED UNDER SECTION 963
3701.14 OF THE REVISED CODE, DO NOT REQUIRE A PERSON TO UNDERGO 964
TESTING, MEDICAL TREATMENT, OR DETENTION IN A HOSPITAL OR OTHER
PLACE FOR TREATMENT IF THE PERSON, OR, IN THE CASE OF A CHILD, 965
THE CHILD'S PARENTS, RELY EXCLUSIVELY ON SPIRITUAL TREATMENT 966
THROUGH PRAYER, IN LIEU OF MEDICAL TREATMENT, IN ACCORDANCE WITH 967
A RECOGNIZED, RELIGIOUS METHOD OF HEALING. THE PERSON MAY BE 968
QUARANTINED OR OTHERWISE SAFELY ISOLATED IN THE HOME OR ANOTHER
PLACE THAT IS SUITABLE TO THE HEALTH OF THE PERSON AND HAS BEEN 969
APPROVED BY THE TUBERCULOSIS CONTROL UNIT AS A PLACE THAT 970
PROVIDES APPROPRIATE PROTECTION TO OTHER PERSONS AND THE 971
COMMUNITY.
Sec. 3107.18. (A) Except when giving effect to such a 980
decree would violate the public policy of this state, a court 982
decree terminating the relationship of parent and child, or 983
establishing the relationship by adoption, issued pursuant to due 984
process of law by a court of any jurisdiction outside this state, 985
whether within or outside the United States, shall be recognized
in this state, and the rights and obligations of the parties as 986
to all matters within the jurisdiction of this state, including, 987
24
without limitation, those matters specified in section 3107.15 of 988
the Revised Code, shall be determined as though the decree were 989
issued by a court of this state. A decree or certificate of 991
adoption that is issued under the laws of a foreign country and
that is verified and approved by the immigration and 992
naturalization service of the United States shall be recognized 993
in this state. Nothing in this section prohibits a court from 994
issuing a final decree of adoption or interlocutory order of 995
adoption pursuant to section 3107.14 of the Revised Code for a 996
person the petitioner has adopted pursuant to a decree or 997
certificate of adoption recognized in this state that was issued 999
outside the United States. 1,000
(B) If a child born in a foreign country is placed with 1,002
adoptive parents or an adoptive parent in this state for the 1,003
purpose of adoption and if the adoption previously has been 1,004
finalized in the country of the child's birth, the adoptive 1,005
parent or parents may bring a petition in the probate court in 1,006
their county of residence, requesting that the court issue a
final decree of adoption or an interlocutory order of adoption 1,008
pursuant to section 3701.14 3107.14 of the Revised Code. In a 1,009
proceeding on the petition, proof of finalization of the adoption 1,011
outside the United States is prima-facie evidence of the consent 1,012
of the parties who are required to give consent even if the
foreign decree or certificate of adoption was issued with respect 1,013
to only one of two adoptive parents who seek to adopt the child 1,014
in this state.
(C) At the request of a person who has adopted a person 1,016
pursuant to a decree or certificate of adoption recognized in 1,017
this state that was issued outside the United States, the court 1,019
of the county in which the person making the request resides 1,020
shall order the department of health to issue a foreign birth 1,021
record for the adopted person under division (A)(4) of section 1,023
3705.12 of the Revised Code. The court may specify a change of 1,024
name for the child and, if a physician has recommended a revision 1,025
25
of the birth date, a revised birth date. The court shall send to 1,027
the department with its order a copy of the foreign adoption 1,028
decree or certificate of adoption and, if the foreign decree or 1,029
certificate of adoption is not in English, a translation 1,030
certified as to its accuracy by the translator and provided by 1,031
the person who requested the order.
Sec. 3313.55. The board of education of any school 1,040
district may establish such special schools as it deems necessary 1,041
for all persons who are afflicted with tuberculosis, and may 1,042
cause all youth, within such district, so afflicted, to be 1,043
excluded from the regular schools, and may provide for and pay 1,044
from the school funds, the expense of transportation of such 1,045
persons to and from such special schools. The board of any 1,046
school district in which is located a state, district, county, or 1,047
municipal hospital for children with tuberculosis or epilepsy or 1,048
any public institution, except state institutions for the care 1,049
and treatment of delinquent, unstable, or socially maladjusted 1,050
children, shall make provision for the education of all educable 1,051
children therein; except that in the event another school 1,052
district within the same county or an adjoining county is the 1,053
source of sixty per cent or more of the children in said hospital 1,054
or institution, the board of that school district shall make 1,055
provision for the education of all the children therein. In any 1,056
case IN WHICH A BOARD PROVIDES EDUCATIONAL FACILITIES UNDER THIS 1,057
SECTION, the board which THAT provides the educational facilities 1,059
shall be entitled to all moneys authorized for the attendance of 1,060
pupils as provided in Chapter 3317. of the Revised Code;, tuition 1,061
as provided in section 3317.08 of the Revised Code;, and such 1,062
additional compensation as is provided for crippled children in 1,063
sections 3323.01 to 3323.12 of the Revised Code. Any board which 1,064
THAT provides the educational facilities for children in county 1,065
or municipal institutions established for the care and treatment 1,066
of children who are delinquent, unstable, or socially maladjusted 1,067
shall not be entitled to any moneys provided for crippled 1,068
26
children in sections 3323.01 to 3323.12 of the Revised Code. 1,069
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 1,079
and (C) of this section, any student enrolled in kindergarten 1,080
more than half time shall be reported as one-half student under 1,081
this section.
(A) The superintendent of each city and exempted village 1,084
school district and of each educational service center shall, for 1,085
the schools under the superintendent's supervision, certify to 1,086
the state board of education on or before the fifteenth day of 1,087
October in each year for the first full school week in October 1,088
the formula ADM, which shall consist of the average daily 1,089
membership during such week of the sum of the following: 1,090
(1) On an FTE basis, the number of students in grades 1,093
kindergarten through twelve receiving any educational services 1,094
from the district, except that the following categories of 1,095
students shall not be included in the determination: 1,096
(a) Students enrolled in adult education classes; 1,098
(b) Adjacent or other district students enrolled in the 1,100
district under an open enrollment policy pursuant to section 1,101
3313.98 of the Revised Code; 1,102
(c) Students receiving services in the district pursuant 1,104
to a compact, cooperative education agreement, or a contract, but 1,105
who are entitled to attend school in another district pursuant to 1,106
section 3313.64 or 3313.65 of the Revised Code; 1,107
(d) Students for whom tuition is payable pursuant to 1,110
sections 3317.081 and 3323.141 of the Revised Code. 1,111
(2) On an FTE basis, the number of students entitled to 1,114
attend school in the district pursuant to section 3313.64 or 1,115
3313.65 of the Revised Code, but receiving educational services 1,117
in grades kindergarten through twelve from one or more of the
following entities: 1,118
(a) A community school pursuant to Chapter 3314. of the 1,121
Revised Code, including any participation in a college pursuant 1,122
to Chapter 3365. of the Revised Code while enrolled in such 1,123
27
community school;
(b) An alternative school pursuant to sections 3313.974 to 1,125
3313.979 of the Revised Code as described in division (I)(2)(a) 1,127
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 1,129
Code, except when the student is enrolled in the college while 1,130
also enrolled in a community school pursuant to Chapter 3314. of 1,131
the Revised Code;
(d) An adjacent or other school district under an open 1,134
enrollment policy adopted pursuant to section 3313.98 of the 1,135
Revised Code;
(e) An educational service center or cooperative education 1,138
district;
(f) Another school district under a cooperative education 1,141
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 1,143
joint vocational school district or under a vocational education 1,144
compact;
(4) The number of handicapped children, other than 1,146
handicapped preschool children, entitled to attend school in the 1,147
district pursuant to section 3313.64 or 3313.65 of the Revised 1,149
Code who are placed with a county MR/DD board, minus the number 1,152
of such children placed with a county MR/DD board in fiscal year 1,153
1998. If this calculation produces a negative number, the number 1,155
reported under division (A)(4) of this section shall be zero. 1,157
(B) To enable the department of education to obtain the 1,160
data needed to complete the calculation of payments pursuant to 1,161
this chapter, in addition to the formula ADM, each superintendent 1,163
shall report separately the following student counts: 1,164
(1) The total average daily membership in regular day 1,166
classes included in the report under division (A)(1) or (2) of 1,167
this section for kindergarten, and each of grades one through 1,168
twelve in schools under the superintendent's supervision; 1,170
(2) The number of all handicapped preschool children 1,174
28
enrolled as of the first day of December in classes in the 1,175
district that are eligible for approval by the state board of 1,176
education under division (B) of section 3317.05 of the Revised 1,177
Code and the number of those classes, which shall be reported not 1,178
later than the fifteenth day of December, in accordance with 1,179
rules adopted under that section; 1,180
(3) The number of children entitled to attend school in 1,182
the district pursuant to section 3313.64 or 3313.65 of the 1,183
Revised Code who are participating in a pilot project scholarship 1,185
program established under sections 3313.974 to 3313.979 of the 1,186
Revised Code as described in division (I)(2)(a) or (b) of this 1,188
section, are enrolled in a college under Chapter 3365. of the 1,189
Revised Code, except when the student is enrolled in the college 1,190
while also enrolled in a community school pursuant to Chapter 1,191
3314. of the Revised Code, are enrolled in an adjacent or other 1,192
school district under section 3313.98 of the Revised Code, are 1,193
enrolled in a community school established under Chapter 3314. of 1,195
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in 1,196
such community school, or are participating in a program operated 1,198
by a county MR/DD board or a state institution; 1,199
(4) The number of pupils enrolled in joint vocational 1,201
schools; 1,202
(5) The average daily membership of handicapped children 1,205
reported under division (A)(1) or (2) of this section receiving 1,206
category one special education services, described in division 1,207
(A) of section 3317.013 of the Revised Code; 1,208
(6) The average daily membership of handicapped children 1,210
reported under division (A)(1) or (2) of this section receiving 1,211
category two special education services, described in division 1,212
(B) of section 3317.013 of the Revised Code; 1,213
(7) The average daily membership of handicapped children 1,215
reported under division (A)(1) or (2) of this section identified 1,217
as having any of the handicaps specified in division (F)(3) of 1,218
29
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 1,220
division (A)(1) or (2) of this section enrolled in category one 1,221
vocational education programs or classes, described in division 1,222
(A) of section 3317.014 of the Revised Code, operated by the 1,223
school district or by another district, other than a joint 1,224
vocational school district, or by an educational service center; 1,225
(9) The average daily membership of pupils reported under 1,227
division (A)(1) or (2) of this section enrolled in category two 1,228
vocational education programs or services, described in division 1,229
(B) of section 3317.014 of the Revised Code, operated by the 1,230
school district or another school district, other than a joint 1,231
vocational school district, or by an educational service center; 1,232
(10) The average number of children transported by the 1,235
school district on board-owned or contractor-owned and -operated 1,236
buses, reported in accordance with rules adopted by the 1,238
department of education;
(11)(a) The number of children, other than handicapped 1,241
preschool children, the district placed with a county MR/DD board 1,242
in fiscal year 1998; 1,243
(b) The number of handicapped children, other than 1,245
handicapped preschool children, placed with a county MR/DD board 1,247
in the current fiscal year to receive category one special 1,248
education services, described in division (A) of section 3317.013 1,250
of the Revised Code; 1,251
(c) The number of handicapped children, other than 1,253
handicapped preschool children, placed with a county MR/DD board 1,255
in the current fiscal year to receive category two special 1,256
education services, described in division (B) of section 3317.013 1,258
of the Revised Code; 1,259
(d) The number of handicapped children, other than 1,261
handicapped preschool children, placed with a county MR/DD board 1,263
in the current fiscal year to receive category three special 1,264
education services, described in division (F)(3) of section 1,266
30
3317.02 of the Revised Code.
(C) Except as otherwise provided in this section for 1,268
kindergarten students, the average daily membership in divisions 1,269
(B)(1) to (9) of this section shall be based upon the number of 1,271
full-time equivalent students. The state board of education 1,272
shall adopt rules defining full-time equivalent students and for 1,273
determining the average daily membership therefrom for the 1,275
purposes of divisions (A), (B), and (D) of this section. No 1,276
child shall be counted as more than a total of one child in the 1,277
sum of the average daily memberships of a school district under 1,279
division (A), divisions (B)(1) to (9), or division (D) of this 1,280
section. Based on the information reported under this section, 1,282
the department of education shall determine the total student 1,283
count, as defined in section 3301.011 of the Revised Code, for
each school district. 1,284
(D)(1) The superintendent of each joint vocational school 1,286
district shall certify to the superintendent of public 1,288
instruction on or before the fifteenth day of October in each 1,289
year for the first full school week in October the formula ADM, 1,290
which shall consist of the average daily membership during such 1,292
week, on an FTE basis, of the number of students receiving any 1,294
educational services from the district, except that the following 1,295
categories of students shall not be included in the 1,296
determination:
(a) Students enrolled in adult education classes; 1,298
(b) Adjacent or other district joint vocational students 1,300
enrolled in the district under an open enrollment policy pursuant 1,301
to section 3313.98 of the Revised Code; 1,302
(c) Students receiving services in the district pursuant 1,304
to a compact, cooperative education agreement, or a contract, but 1,305
who are entitled to attend school in a city, local, or exempted 1,307
village school district whose territory is not part of the 1,308
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to 1,310
31
sections 3317.081 and 3323.141 of the Revised Code. 1,311
(2) To enable the department of education to obtain the 1,313
data needed to complete the calculation of payments pursuant to 1,314
this chapter, in addition to the formula ADM, each superintendent 1,315
shall report separately the average daily membership included in 1,316
the report under division (D)(1) of this section for each of the 1,317
following categories of students: 1,318
(a) Students enrolled in each grade included in the joint 1,320
vocational district schools; 1,321
(b) Handicapped children receiving category one special 1,323
education services, described in division (A) of section 3317.013 1,325
of the Revised Code;
(c) Handicapped children receiving category two special 1,327
education services, described in division (B) of section 3317.013 1,329
of the Revised Code;
(d) Handicapped children identified as having any of the 1,331
handicaps specified in division (F)(3) of section 3317.02 of the 1,333
Revised Code;
(e) Students receiving category one vocational education 1,335
services, described in division (A) of section 3317.014 of the 1,336
Revised Code;
(f) Students receiving category two vocational education 1,338
services, described in division (B) of section 3317.014 of the 1,339
Revised Code.
The superintendent of each joint vocational school district 1,341
shall also indicate the city, local, or exempted village school 1,343
district in which each joint vocational district pupil is 1,344
entitled to attend school pursuant to section 3313.64 or 3313.65 1,345
of the Revised Code.
(E) In each school of each city, local, exempted village, 1,347
joint vocational, and cooperative education school district there 1,348
shall be maintained a record of school membership, which record 1,349
shall accurately show, for each day the school is in session, the 1,350
actual membership enrolled in regular day classes. For the 1,351
32
purpose of determining average daily membership, the membership 1,352
figure of any school shall not include any pupils except those 1,353
pupils described by division (A) of this section. The record of 1,355
membership for each school shall be maintained in such manner 1,356
that no pupil shall be counted as in membership prior to the 1,357
actual date of entry in the school and also in such manner that 1,358
where for any cause a pupil permanently withdraws from the school 1,359
that pupil shall not be counted as in membership from and after 1,361
the date of such withdrawal. There shall not be included in the 1,362
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 1,365
a public high school;
(2) Any pupil who is not a resident of the state; 1,367
(3) Any pupil who was enrolled in the schools of the 1,370
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 1,371
not take one or more of the tests required by that section and 1,372
was not excused pursuant to division (C)(1) of that section; 1,373
(4) Any pupil who has attained the age of twenty-two 1,375
years, except for the following: 1,376
(a) Persons suffering from tuberculosis and receiving 1,378
treatment in any approved state, county, district, or municipal 1,379
tuberculosis hospital who have not graduated from the twelfth 1,380
grade of a public high school; 1,381
(b) Veterans VETERANS of the armed services whose 1,383
attendance was interrupted before completing the recognized 1,385
twelve-year course of the public schools by reason of induction 1,386
or enlistment in the armed forces and who apply for reenrollment 1,387
in the public school system of their residence not later than 1,388
four years after termination of war or their honorable discharge. 1,389
If, however, any veteran described by division (E)(4)(b) of 1,392
this section elects to enroll in special courses organized for 1,393
veterans for whom tuition is paid under the provisions of federal 1,394
laws, or otherwise, that veteran shall not be included in average 1,396
33
daily membership.
Notwithstanding division (E)(3) of this section, the 1,398
membership of any school may include a pupil who did not take a 1,399
test required by section 3301.0711 of the Revised Code if the 1,400
superintendent of public instruction grants a waiver from the 1,401
requirement to take the test to the specific pupil. The 1,402
superintendent may grant such a waiver only for good cause in 1,403
accordance with rules adopted by the state board of education. 1,404
Except as provided in division (B)(2) of this section, the 1,407
average daily membership figure of any local, city, exempted 1,408
village, or joint vocational school district shall be determined 1,409
by dividing the figure representing the sum of the number of 1,410
pupils enrolled during each day the school of attendance is 1,411
actually open for instruction during the first full school week 1,412
in October by the total number of days the school was actually 1,413
open for instruction during that week. For purposes of state 1,414
funding, "enrolled" persons are only those pupils who are 1,415
attending school, those who have attended school during the 1,416
current school year and are absent for authorized reasons, and 1,417
those handicapped children currently receiving home instruction. 1,418
The average daily membership figure of any cooperative 1,420
education school district shall be determined in accordance with 1,421
rules adopted by the state board of education. 1,422
(F)(1) If the formula ADM for the first full school week 1,425
in February is at least three per cent greater than that 1,426
certified for the first full school week in the preceding 1,427
October, the superintendent of schools of any city, exempted 1,428
village, or joint vocational school district or educational 1,430
service center shall certify such increase to the superintendent 1,431
of public instruction. Such certification shall be submitted no 1,432
later than the fifteenth day of February. For the balance of the 1,433
fiscal year, beginning with the February payments, the 1,434
superintendent of public instruction shall use the increased 1,435
formula ADM in calculating or recalculating the amounts to be 1,436
34
allocated in accordance with section 3317.022 or 3317.16 of the 1,438
Revised Code. In no event shall the superintendent use an 1,439
increased membership certified to the superintendent after the 1,440
fifteenth day of February. 1,441
(2) If on the first school day of April the total number 1,443
of classes or units for handicapped preschool children that are 1,446
eligible for approval under division (B) of section 3317.05 of 1,447
the Revised Code exceeds the number of units that have been 1,448
approved for the year under that division, the superintendent of 1,449
schools of any city, exempted village, or cooperative education 1,450
school district or educational service center shall make the 1,451
certifications required by this section for that day. If the 1,452
state board of education determines additional units can be 1,453
approved for the fiscal year within any limitations set forth in 1,454
the acts appropriating moneys for the funding of such units, the 1,456
board shall approve additional units for the fiscal year on the 1,457
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 1,458
computed in the manner prescribed in section 3317.161 or 3317.19 1,460
and section 3317.162 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a 1,462
special education program pursuant to section 3323.091 of the 1,463
Revised Code shall, for the programs under such superintendent's 1,465
supervision, certify to the state board of education the average 1,466
daily membership of all handicapped children in classes or 1,467
programs approved annually by the state board of education, in 1,468
the manner prescribed by the superintendent of public 1,469
instruction.
(b) The superintendent of an institution with vocational 1,472
education units approved under division (A) of section 3317.05 of 1,473
the Revised Code shall, for the units under the superintendent's 1,475
supervision, certify to the state board of education the average 1,476
daily membership in those units, in the manner prescribed by the 1,477
superintendent of public instruction. 1,478
35
(2) The superintendent of each county MR/DD board that 1,480
maintains special education classes or units approved by the 1,481
state board of education pursuant to section 3317.05 of the 1,483
Revised Code shall do both of the following: 1,484
(a) Certify to the state board, in the manner prescribed 1,487
by the board, the average daily membership in classes and units 1,488
approved under division (D)(1) of section 3317.05 of the Revised 1,489
Code for each school district that has placed children in the 1,490
classes or units;
(b) Certify to the state board, in the manner prescribed 1,492
by the board, the number of all handicapped preschool children 1,493
enrolled as of the first day of December in classes eligible for 1,494
approval under division (B) of section 3317.05 of the Revised 1,496
Code, and the number of those classes. 1,497
(3)(a) If during the first full school week in February 1,499
the average daily membership of the classes or units maintained 1,500
by the county MR/DD board that are eligible for approval under 1,501
division (D)(1) of section 3317.05 of the Revised Code is greater 1,503
than the average daily membership for the preceding October, the 1,504
superintendent of the board shall make the certifications 1,505
required by this section for such week. 1,506
(b) If on the first school day of April the number of 1,509
classes or units maintained for handicapped preschool children by 1,511
the county MR/DD board that are eligible for approval under 1,512
division (B) of section 3317.05 of the Revised Code is greater 1,513
than the number of units approved for the year under that 1,514
division, the superintendent shall make the certification 1,516
required by this section for that day.
(c) If the state board determines that additional classes 1,518
or units can be approved for the fiscal year within any 1,520
limitations set forth in the acts appropriating moneys for the 1,521
funding of the classes and units described in division (G)(3)(a) 1,522
or (b) of this section, the board shall approve and fund 1,524
additional units for the fiscal year on the basis of such average 1,525
36
daily membership. For each unit so approved, the department of 1,526
education shall pay an amount computed in the manner prescribed 1,527
in sections 3317.161 and 3317.162 of the Revised Code. 1,528
(H) Except as provided in division (I) of this section, 1,531
when any city, local, or exempted village school district 1,532
provides instruction for a nonresident pupil whose attendance is 1,533
unauthorized attendance as defined in section 3327.06 of the 1,534
Revised Code, that pupil's membership shall not be included in 1,535
that district's membership figure used in the calculation of that 1,536
district's formula ADM or included in the determination of any 1,537
unit approved for the district under section 3317.05 of the 1,538
Revised Code. The reporting official shall report separately the 1,539
average daily membership of all pupils whose attendance in the 1,540
district is unauthorized attendance, and the membership of each 1,541
such pupil shall be credited to the school district in which the 1,542
pupil is entitled to attend school under division (B) of section 1,543
3313.64 or section 3313.65 of the Revised Code as determined by 1,544
the department of education. 1,545
(I)(1) A city, local, exempted village, or joint 1,547
vocational school district admitting a scholarship student of a 1,550
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 1,551
average daily membership.
(2) In any year for which funds are appropriated for pilot 1,553
project scholarship programs, a school district implementing a 1,554
state-sponsored pilot project scholarship program that year 1,555
pursuant to sections 3313.974 through 3313.979 of the Revised 1,557
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 1,559
scholarship to attend kindergarten in any alternative school, as 1,560
defined in division (A)(9) of section 3313.974 of the Revised 1,561
Code;
(b) All children who were enrolled in the district in the 1,563
preceding year who are utilizing a scholarship to attend any such 1,564
37
alternative school. 1,565
(J) The superintendent of each cooperative education 1,567
school district shall certify to the superintendent of public 1,568
instruction, in a manner prescribed by the state board of 1,569
education, the applicable average daily memberships for all 1,570
students in the cooperative education district, also indicating 1,571
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the 1,572
Revised Code. 1,573
Sec. 3701.01. As used in sections 3701.01, 3701.04, 1,582
3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code: 1,584
(A) "The federal act" means Title VI of the "Public Health 1,586
Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended. 1,587
(B) "The surgeon general" means the surgeon general of the 1,589
public health service of the United States or such other officer 1,590
or employee of the United States responsible for administration 1,591
of the federal act. 1,592
(C) "Hospital" includes public health centers and general, 1,594
tuberculosis, mental, chronic disease, and other types of 1,595
hospitals, and related facilities, such as laboratories, 1,596
outpatient departments, nurses' home facilities, extended care 1,597
facilities, self-care units, and central service facilities 1,598
operated in connection with hospitals, and also includes 1,599
education and training facilities for health professions 1,600
personnel operated as an integral part of a hospital, but does 1,601
not include any hospital furnishing primarily domiciliary care. 1,602
(D) "Public health center" means a publicly owned facility 1,604
for the housing of the public health services of a community and 1,605
one which makes available equipment to aid physicians in the 1,606
prevention, diagnosis, and treatment of disease. 1,607
(E) "Nonprofit hospital," or "nonprofit" as applied to a 1,609
facility, means any hospital or facility owned and operated by 1,610
one or more nonprofit corporations or associations no part of the 1,611
net earnings of which inures, or may lawfully inure, to the 1,612
38
benefit of any private shareholder or individual. 1,613
(F) "Medical facilities" means outpatient facilities, 1,615
rehabilitation facilities, and facilities for long-term care, 1,616
including nursing homes, as those terms are defined in the 1,617
federal act, and such other facilities for which federal aid may 1,618
be authorized under the federal act. 1,619
Sec. 3701.14. (A) The director of health shall make 1,628
inquiry as to the cause of disease, especially when contagious, 1,629
infectious, epidemic, or endemic, and take prompt action to 1,630
control and suppress it. The reports of births and deaths, the 1,631
sanitary conditions and effects of localities and employments, 1,632
the personal and business habits of the people, and the relation 1,633
of the diseases of man and beast, shall be subjects of study by 1,634
the director. The director may make and execute orders necessary 1,635
to protect the people against diseases of lower animals, and 1,636
shall collect and preserve information in respect to such matters 1,637
and kindred subjects as may be useful in the discharge of the 1,638
director's duties, and for dissemination among the people. When 1,640
called upon by the state or local governments, or the board of 1,641
health of a general or city health district, the director shall 1,642
promptly investigate and report upon the water supply, sewerage, 1,644
disposal of excreta of any locality, and the heating, plumbing, 1,645
and ventilation of a public building. 1,646
The (B) WITH REGARD TO TUBERCULOSIS, THE FOLLOWING APPLY: 1,648
(1) THE DIRECTOR SHALL MAKE PAYMENTS TO BOARDS OF COUNTY 1,650
COMMISSIONERS IN ACCORDANCE WITH SECTION 339.77 OF THE REVISED 1,651
CODE;
(2) THE director shall maintain registries of hospitals, 1,653
clinics, physicians, or other care providers to whom the director 1,655
shall refer persons who make inquiries to the department of 1,656
health regarding possible exposure to tuberculosis; 1,657
(3) THE DIRECTOR SHALL ENGAGE IN TUBERCULOSIS SURVEILLANCE 1,659
ACTIVITIES, INCLUDING THE COLLECTION AND ANALYSIS OF 1,661
EPIDEMIOLOGICAL INFORMATION RELATIVE TO THE FREQUENCY OF 1,662
39
TUBERCULOSIS INFECTION, DEMOGRAPHIC AND GEOGRAPHIC DISTRIBUTION 1,663
OF TUBERCULOSIS CASES, AND TRENDS PERTAINING TO TUBERCULOSIS; 1,664
(4) THE DIRECTOR SHALL MAINTAIN A TUBERCULOSIS REGISTRY TO 1,667
RECORD THE INCIDENCE OF TUBERCULOSIS IN THIS STATE;
(5) THE DIRECTOR MAY APPOINT PHYSICIANS TO SERVE AS 1,670
TUBERCULOSIS CONSULTANTS FOR GEOGRAPHIC REGIONS OF THE STATE 1,671
SPECIFIED BY THE DIRECTOR. EACH TUBERCULOSIS CONSULTANT SHALL 1,672
ACT IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE DIRECTOR AND 1,673
SHALL BE RESPONSIBLE FOR ADVISING AND ASSISTING PHYSICIANS AND 1,674
OTHER HEALTH CARE PRACTITIONERS WHO PARTICIPATE IN TUBERCULOSIS 1,675
CONTROL ACTIVITIES AND FOR REVIEWING MEDICAL RECORDS PERTAINING 1,676
TO THE TREATMENT PROVIDED TO INDIVIDUALS WITH TUBERCULOSIS. 1,677
(6) THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES 1,680
ESTABLISHING STANDARDS FOR THE FOLLOWING:
(a) PERFORMING TUBERCULOSIS SCREENINGS; 1,682
(b) PERFORMING EXAMINATIONS OF INDIVIDUALS WHO HAVE BEEN 1,684
EXPOSED TO TUBERCULOSIS AND INDIVIDUALS WHO ARE SUSPECTED OF 1,685
HAVING TUBERCULOSIS; 1,686
(c) PROVIDING TREATMENT TO INDIVIDUALS WITH TUBERCULOSIS; 1,688
(d) METHODS OF PREVENTING INDIVIDUALS WITH COMMUNICABLE 1,690
TUBERCULOSIS FROM INFECTING OTHER INDIVIDUALS; 1,691
(e) PERFORMING LABORATORY TESTS FOR TUBERCULOSIS AND 1,693
STUDIES OF THE RESISTANCE OF TUBERCULOSIS TO ONE OR MORE DRUGS; 1,694
(f) SELECTING LABORATORIES THAT PROVIDE IN A TIMELY 1,696
FASHION THE RESULTS OF A LABORATORY TEST FOR TUBERCULOSIS. THE 1,697
STANDARDS SHALL INCLUDE A REQUIREMENT THAT FIRST CONSIDERATION BE 1,698
GIVEN TO LABORATORIES LOCATED IN THIS STATE. 1,699
THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. 1,702
OF THE REVISED CODE AND SHALL BE CONSISTENT WITH ANY 1,703
RECOMMENDATIONS OR GUIDELINES ON TUBERCULOSIS ISSUED BY THE 1,704
UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION OR BY 1,705
THE AMERICAN THORACIC SOCIETY. THE RULES SHALL APPLY TO COUNTY 1,706
OR DISTRICT TUBERCULOSIS CONTROL UNITS, PHYSICIANS WHO EXAMINE 1,707
AND TREAT INDIVIDUALS FOR TUBERCULOSIS, AND LABORATORIES THAT 1,708
40
PERFORM TESTS FOR TUBERCULOSIS. 1,709
Sec. 3702.62. (A) Any action pursuant to section 140.03, 1,718
140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06, 1,719
339.08, 339.09, 339.12, 339.14, 339.21, 339.231, 339.24, 339.31, 1,720
339.36, 339.39, 513.05, 513.07, 513.08, 513.081, 513.12, 513.15, 1,722
513.17, 513.171, 749.02, 749.14, 749.16, 749.20, 749.25, 749.28, 1,723
749.35, 1751.06, or 3707.29 of the Revised Code shall be taken in 1,724
accordance with sections 3702.51 to 3702.61 of the Revised Code. 1,725
(B) A nursing home certified as an intermediate care 1,727
facility for the mentally retarded under Title XIX of the "Social 1,728
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 1,729
that is required to apply for licensure as a residential facility 1,730
under section 5123.19 of the Revised Code is not, with respect to 1,731
the portion of the home certified as an intermediate care
facility for the mentally retarded, subject to sections 3702.51 1,732
to 3702.61 of the Revised Code. 1,733
Sec. 3727.01. As used in this section, "health maintenance 1,742
organization" means a public or private organization organized 1,743
under the law of any state that is qualified under section 1,744
1310(d) of Title XIII of the "Public Health Service Act," 87 1,745
Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the 1,746
following: 1,747
(A) Provides or otherwise makes available to enrolled 1,749
participants health care services including at least the 1,750
following basic health care services: usual physician services, 1,751
hospitalization, laboratory, x-ray, emergency and preventive 1,752
service, and out-of-area coverage; 1,753
(B) Is compensated, except for copayments, for the 1,755
provision of basic health care services to enrolled participants 1,756
by a payment that is paid on a periodic basis without regard to 1,757
the date the health care services are provided and that is fixed 1,758
without regard to the frequency, extent, or kind of health 1,759
service actually provided; 1,760
(C) Provides physician services primarily in either of the 1,762
41
following ways: 1,763
(1) Directly through physicians who are either employees 1,765
or partners of the organization; 1,766
(2) Through arrangements with individual physicians or one 1,768
or more groups of physicians organized on a group-practice or 1,769
individual-practice basis. 1,770
As used in this chapter, "hospital" means an institution 1,772
classified as a hospital under section 3701.07 of the Revised 1,773
Code in which are provided to inpatients diagnostic, medical, 1,774
surgical, obstetrical, psychiatric, or rehabilitation care for a 1,775
continuous period longer than twenty-four hours; a tuberculosis 1,776
hospital; or a hospital operated by a health maintenance 1,777
organization. "Hospital" does not include a facility licensed 1,778
under Chapter 3721. of the Revised Code, a health care facility 1,779
operated by the department of mental health or the department of 1,780
mental retardation and developmental disabilities, a health 1,781
maintenance organization that does not operate a hospital, the 1,782
office of any private licensed health care professional, whether 1,783
organized for individual or group practice, or a clinic that 1,784
provides ambulatory patient services and where patients are not 1,785
regularly admitted as inpatients. "Hospital" also does not 1,786
include an institution for the sick that is operated exclusively 1,788
for patients who use spiritual means for healing and for whom the 1,789
acceptance of medical care is inconsistent with their religious 1,790
beliefs, accredited by a national accrediting organization,
exempt from federal income taxation under section 501 of the 1,791
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as 1,793
amended, and providing twenty-four hour nursing care pursuant to 1,794
the exemption in division (G) of section 4723.32 of the Revised 1,795
Code from the licensing requirements of Chapter 4723. of the 1,796
Revised Code.
Sec. 5705.01. As used in this chapter: 1,804
(A) "Subdivision" means any county; municipal corporation; 1,806
township; township police district; township fire district; joint 1,807
42
fire district; joint ambulance district; joint emergency medical 1,808
services district; fire and ambulance district; joint recreation 1,809
district; township waste disposal district; township road 1,810
district; community college district; technical college district; 1,811
detention home district; a district organized under section 1,812
2151.65 of the Revised Code; a combined district organized under 1,813
sections 2151.34 and 2151.65 of the Revised Code; a joint-county 1,814
alcohol, drug addiction, and mental health service district; a 1,815
drainage improvement district created under section 6131.52 of 1,816
the Revised Code; a union cemetery district; a county school 1,817
financing district; or a city, local, exempted village, 1,818
cooperative education, or joint vocational school district. 1,819
(B) "Municipal corporation" means all municipal 1,821
corporations, including those that have adopted a charter under 1,822
Article XVIII, Ohio Constitution. 1,823
(C) "Taxing authority" or "bond issuing authority" means, 1,825
in the case of any county, the board of county commissioners; in 1,826
the case of a municipal corporation, the council or other 1,827
legislative authority of the municipal corporation; in the case 1,828
of a city, local, exempted village, cooperative education, or 1,829
joint vocational school district, the board of education; in the 1,830
case of a community college district, the board of trustees of 1,831
the district; in the case of a technical college district, the 1,832
board of trustees of the district; in the case of a detention 1,833
home district, a district organized under section 2151.65 of the 1,834
Revised Code, or a combined district organized under sections 1,835
2151.34 and 2151.65 of the Revised Code, the joint board of 1,836
county commissioners of the district; in the case of a township, 1,837
the board of township trustees; in the case of a joint fire 1,838
district, the board of fire district trustees; in the case of a 1,839
joint recreation district, the joint recreation district board of 1,840
trustees; in the case of a joint-county alcohol, drug addiction, 1,841
and mental health service district, the district's board of 1,842
alcohol, drug addiction, and mental health services; in the case 1,843
43
of a joint ambulance district or a fire and ambulance district, 1,844
the board of trustees of the district; in the case of a union 1,846
cemetery district, the legislative authority of the municipal 1,847
corporation and the board of township trustees, acting jointly as 1,848
described in section 759.341 of the Revised Code; in the case of 1,849
a drainage improvement district, the board of county 1,850
commissioners of the county in which the drainage district is 1,851
located; in the case of a joint emergency medical services 1,852
district, the joint board of county commissioners of all counties 1,853
in which all or any part of the district lies; and in the case of 1,854
a township police district, a township fire district, a township 1,855
road district, or a township waste disposal district, the board 1,856
of township trustees of the township in which the district is 1,857
located. "Taxing authority" also means the educational service 1,858
center governing board that serves as the taxing authority of a 1,859
county school financing district as provided in section 3311.50 1,860
of the Revised Code. 1,861
(D) "Fiscal officer" in the case of a county, means the 1,863
county auditor; in the case of a municipal corporation, the city 1,864
auditor or village clerk, or such officer as, by virtue of the 1,865
charter, has the duties and functions of the city auditor or 1,866
village clerk, except that in the case of a municipal university 1,867
the board of directors of which have assumed, in the manner 1,868
provided by law, the custody and control of the funds of the 1,869
university, the chief accounting officer of the university shall 1,870
perform, with respect to the funds, the duties vested in the 1,871
fiscal officer of the subdivision by sections 5705.41 and 5705.44 1,872
of the Revised Code; in the case of a school district, the 1,873
treasurer of the board of education; in the case of a county 1,874
school financing district, the treasurer of the educational 1,875
service center governing board that serves as the taxing 1,877
authority; in the case of a township, the township clerk; in the 1,878
case of a joint fire district, the clerk of the board of fire 1,879
district trustees; in the case of a joint ambulance district, the 1,880
44
clerk of the board of trustees of the district; in the case of a 1,881
joint emergency medical services district, the person appointed 1,882
as fiscal officer pursuant to division (D) of section 307.053 of 1,883
the Revised Code; in the case of a fire and ambulance district, 1,884
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 1,885
recreation district, the person designated pursuant to section 1,886
755.15 of the Revised Code; in the case of a union cemetery 1,887
district, the clerk of the municipal corporation designated in 1,888
section 759.34 of the Revised Code; in the case of a children's 1,889
home district, tuberculosis hospital district, educational 1,890
service center, general health district, joint-county alcohol, 1,892
drug addiction, and mental health service district, county 1,893
library district, detention home district, district organized 1,894
under section 2151.65 of the Revised Code, a combined district 1,895
organized under sections 2151.34 and 2151.65 of the Revised Code, 1,896
or a metropolitan park district for which no treasurer has been 1,897
appointed pursuant to section 1545.07 of the Revised Code, the 1,898
county auditor of the county designated by law to act as the 1,899
auditor of the district; in the case of a metropolitan park 1,900
district which has appointed a treasurer pursuant to section 1,901
1545.07 of the Revised Code, that treasurer; in the case of a 1,902
drainage improvement district, the auditor of the county in which 1,903
the drainage improvement district is located; and in all other 1,904
cases, the officer responsible for keeping the appropriation 1,905
accounts and drawing warrants for the expenditure of the moneys 1,906
of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any 1,908
property, asset, or improvement with an estimated life or 1,909
usefulness of five years or more, including land and interests 1,910
therein, and reconstructions, enlargements, and extensions 1,911
thereof having an estimated life or usefulness of five years or 1,912
more. 1,913
(F) "Current operating expenses" and "current expenses" 1,915
45
mean the lawful expenditures of a subdivision, except those for 1,916
permanent improvements, and except payments for interest, sinking 1,917
fund, and retirement of bonds, notes, and certificates of 1,918
indebtedness of the subdivision. 1,919
(G) "Debt charges" means interest, sinking fund, and 1,921
retirement charges on bonds, notes, or certificates of 1,922
indebtedness. 1,923
(H) "Taxing unit" means any subdivision or other 1,925
governmental district having authority to levy taxes on the 1,926
property in the district or issue bonds that constitute a charge 1,927
against the property of the district, including conservancy 1,928
districts, metropolitan park districts, sanitary districts, road 1,929
districts, and other districts. 1,930
(I) "District authority" means any board of directors, 1,932
trustees, commissioners, or other officers controlling a district 1,933
institution or activity that derives its income or funds from two 1,934
or more subdivisions, such as the educational service center, the 1,936
trustees of district tuberculosis hospitals and district 1,937
children's homes, the district board of health, a joint-county 1,938
alcohol, drug addiction, and mental health service district's 1,939
board of alcohol, drug addiction, and mental health services, 1,940
detention home districts, a joint recreation district board of 1,941
trustees, districts organized under section 2151.65 of the 1,942
Revised Code, combined districts organized under sections 2151.34 1,943
and 2151.65 of the Revised Code, and other such boards. 1,944
(J) "Tax list" and "tax duplicate" mean the general tax 1,946
lists and duplicates prescribed by sections 319.28 and 319.29 of 1,947
the Revised Code. 1,948
(K) "Property" as applied to a tax levy means taxable 1,950
property listed on general tax lists and duplicates. 1,951
(L) "School library district" means a school district in 1,953
which a free public library has been established that is under 1,954
the control and management of a board of library trustees as 1,955
provided in section 3375.15 of the Revised Code. 1,956
46
Sec. 5705.191. The taxing authority of any subdivision, 1,965
other than the board of education of a school district or the 1,966
taxing authority of a county school financing district, by a vote 1,967
of two-thirds of all its members, may declare by resolution that 1,968
the amount of taxes that may be raised within the ten-mill 1,969
limitation by levies on the current tax duplicate will be 1,970
insufficient to provide an adequate amount for the necessary 1,971
requirements of the subdivision, and that it is necessary to levy 1,972
a tax in excess of such limitation for any of the purposes in 1,973
section 5705.19 of the Revised Code, or to supplement the general 1,974
fund for the purpose of making appropriations for one or more of 1,975
the following purposes: public assistance, human or social 1,976
services, relief, welfare, hospitalization, health, and support 1,977
of general or tuberculosis hospitals, and that the question of 1,978
such additional tax levy shall be submitted to the electors of 1,979
the subdivision at a general, primary, or special election to be 1,980
held at a time therein specified. Such resolution shall not 1,981
include a levy on the current tax list and duplicate unless such 1,982
election is to be held at or prior to the general election day of 1,983
the current tax year. Such resolution shall conform to the 1,985
requirements of section 5705.19 of the Revised Code, except that 1,986
a levy to supplement the general fund for the purposes of public 1,987
assistance, human or social services, relief, welfare, 1,988
hospitalization, health, or the support of general or 1,989
tuberculosis hospitals may not be for a longer period than ten 1,990
years. All other levies under this section may not be for a 1,991
longer period than five years unless a longer period is permitted 1,992
by section 5705.19 of the Revised Code, and the resolution shall 1,993
specify the date of holding such election, which shall not be 1,994
earlier than seventy-five days after the adoption and 1,995
certification of such resolution. The resolution shall go into 1,996
immediate effect upon its passage and no publication of the same 1,997
is necessary other than that provided for in the notice of 1,998
election. A copy of such resolution, immediately after its 1,999
47
passage, shall be certified to the board of elections of the 2,000
proper county or counties in the manner provided by section 2,001
5705.25 of the Revised Code, and such section shall govern the 2,002
arrangements for the submission of such question and other 2,003
matters with respect to such election, to which section 5705.25 2,004
of the Revised Code refers, excepting that such election shall be 2,005
held on the date specified in the resolution, which shall be 2,006
consistent with the requirements of section 3501.01 of the 2,007
Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year 2,008
and provided that a special election may be held upon the same 2,009
day a primary election is held. Publication of notice of such 2,010
election shall be made in one or more newspapers of general 2,011
circulation in the county once a week for four consecutive weeks. 2,012
If a majority of the electors voting on the question vote 2,014
in favor thereof, the taxing authority of the subdivision may 2,016
make the necessary levy within such subdivision at the additional 2,017
rate or at any lesser rate outside the ten-mill limitation on the 2,018
tax list and duplicate for the purpose stated in the resolution. 2,019
Such tax levy shall be included in the next annual tax budget 2,020
that is certified to the county budget commission. 2,021
After the approval of such a levy by the electors, the 2,025
taxing authority of the subdivision may anticipate a fraction of 2,027
the proceeds of such levy and issue anticipation notes. In the 2,028
case of a continuing levy that is not levied for the purpose of
current expenses, notes may be issued at any time after approval 2,029
of the levy in an amount not more than fifty per cent of the 2,031
total estimated proceeds of the levy for the succeeding ten 2,032
years, less an amount equal to the fraction of the proceeds of 2,033
the levy previously anticipated by the issuance of anticipation 2,035
notes. In the case of a levy for a fixed period that is not for 2,036
the purpose of current expenses, notes may be issued at any time 2,037
after approval of the levy in an amount not more than fifty per 2,038
cent of the total estimated proceeds of the levy throughout the 2,039
48
remaining life of the levy, less an amount equal to the fraction 2,040
of the proceeds of the levy previously anticipated by the 2,041
issuance of anticipation notes. In the case of a levy for 2,042
current expenses, notes may be issued after the approval of the 2,043
levy by the electors and prior to the time when the first tax 2,044
collection from the levy can be made. Such notes may be issued 2,045
in an amount not more than fifty per cent of the total estimated 2,046
proceeds of the levy throughout the term of the levy in the case 2,047
of a levy for a fixed period, or fifty per cent of the total 2,048
estimated proceeds for the first ten years of the levy in the 2,049
case of a continuing levy.
No anticipation notes that increase the net indebtedness of 2,052
a county may be issued without the prior consent of the board of 2,053
county commissioners of that county. The notes shall be issued 2,054
as provided in section 133.24 of the Revised Code, shall have 2,055
principal payments during each year after the year of their 2,056
issuance over a period not exceeding the life of the levy 2,057
anticipated, and may have a principal payment in the year of 2,058
their issuance.
"Taxing authority" and "subdivision" have the same meanings 2,060
as in section 5705.01 of the Revised Code. 2,061
This section is supplemental to and not in derogation of 2,063
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 2,064
Sec. 5705.20. The board of county commissioners of any 2,073
county, in any year, after providing the normal and customary 2,074
percentage of the total general fund appropriations for the 2,075
support of tuberculosis hospitals, or for the care, treatment, 2,076
and maintenance of residents of the county who are suffering from 2,077
tuberculosis at hospitals with which the board has contracted 2,078
pursuant to section 339.20 THE TUBERCULOSIS TREATMENT SPECIFIED 2,079
UNDER SECTION 339.73 of the Revised Code, or for the support of 2,081
tuberculosis clinics established pursuant to section 339.36 or 2,082
section 339.39 339.76 of the Revised Code, by vote of two-thirds 2,084
of all the members of said board may declare by resolution that 2,085
49
the amount of taxes which may be raised within the ten-mill 2,086
limitation will be insufficient to provide an adequate amount for 2,087
the THAT support of tuberculosis hospitals, or for the care, 2,089
treatment, and maintenance of residents of the county who are 2,090
suffering from tuberculosis at hospitals with which the board has 2,091
contracted pursuant to such section, or for the support of 2,092
tuberculosis clinics established pursuant to such sections, and 2,093
that it is necessary to levy a tax in excess of the ten-mill
limitation to supplement such general fund appropriations for 2,094
such purpose, but the total levy for this purpose shall not 2,095
exceed sixty-five one hundredths of a mill. 2,096
Such resolution shall conform to section 5705.19 of the 2,098
Revised Code and be certified to the board of elections not less 2,099
than seventy-five days before the general election and submitted 2,100
in the manner provided in section 5705.25 of the Revised Code. 2,101
If the majority of electors voting on a levy to supplement 2,103
general fund appropriations for the support of tuberculosis 2,104
hospitals, or for the care, treatment, and maintenance of 2,105
residents of the county who are suffering from tuberculosis at 2,106
hospitals with which the board has contracted pursuant to section 2,107
339.20 THE TUBERCULOSIS TREATMENT SPECIFIED UNDER SECTION 339.73 2,109
of the Revised Code, or for the support of tuberculosis clinics 2,110
established pursuant to section 339.36 or 339.39 339.76 of the 2,111
Revised Code, vote in favor thereof, the board of said county may 2,112
levy a tax within such county at the additional rate in excess of 2,113
the ten-mill limitation during the period and for the purpose 2,114
stated in the resolution or at any less rate or for any of said 2,115
years. 2,116
IF A TAX WAS LEVIED UNDER THIS SECTION FOR THE SUPPORT OF 2,118
TUBERCULOSIS CLINICS BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT, 2,119
THE LEVY MAY BE RENEWED FOR THAT PURPOSE ON OR AFTER THE 2,120
EFFECTIVE DATE OF THIS AMENDMENT IN ACCORDANCE WITH SECTION 2,121
5705.25 OF THE REVISED CODE.
Sec. 5705.25. (A) A copy of any resolution adopted as 2,130
50
provided in section 5705.19 of the Revised Code shall be 2,131
certified by the taxing authority to the board of elections of 2,132
the proper county not less than seventy-five days before the 2,133
general election in any year, and the board shall submit the 2,134
proposal to the electors of the subdivision at the succeeding 2,135
November election. Except as otherwise provided in this 2,136
division, a resolution to renew an existing levy, regardless of 2,137
the section of the Revised Code under which the tax was imposed, 2,138
shall not be placed on the ballot unless the question is 2,139
submitted at the general election held during the last year the 2,140
tax to be renewed or replaced may be extended on the real and 2,141
public utility property tax list and duplicate, or at any 2,142
election held in the ensuing year. The limitation of the 2,143
foregoing sentence does not apply to a resolution to renew and 2,145
increase or to renew part of an existing levy that was imposed 2,146
under section 5705.191 of the Revised Code to supplement the 2,147
general fund for the purpose of making appropriations for one or 2,148
more of the following purposes: for public assistance, human or 2,149
social services, relief, welfare, hospitalization, health, and 2,150
support of general or tuberculosis hospitals. The limitation of 2,152
the second preceding sentence also does not apply to a resolution 2,153
that proposes to renew two or more existing levies imposed under 2,154
section 5705.21 of the Revised Code, in which case the question 2,155
shall be submitted on the date of the general or primary election 2,156
held during the last year at least one of the levies to be
renewed may be extended on the real and public utility property 2,157
tax list and duplicate, or at any election held during the 2,158
ensuing year. For purposes of this section, a levy shall be 2,159
considered to be an "existing levy" through the year following 2,160
the last year it can be placed on that tax list and duplicate. 2,161
The board shall make the necessary arrangements for the 2,164
submission of such questions to the electors of such subdivision, 2,165
and the election shall be conducted, canvassed, and certified in 2,166
the same manner as regular elections in such subdivision for the 2,167
51
election of county officers. Notice of the election shall be 2,168
published in a newspaper of general circulation in the 2,169
subdivision once a week for four consecutive weeks prior to the 2,170
election, stating the purpose, the proposed increase in rate, 2,171
expressed in dollars and cents for each one hundred dollars of 2,172
valuation as well as in mills for each one dollar of valuation, 2,173
the number of years during which the increase will be in effect, 2,174
the first month and year in which the tax will be levied, and the 2,176
time and place of the election.
(B) The form of the ballots cast at an election held 2,178
pursuant to division (A) of this section shall be as follows: 2,179
"An additional tax for the benefit of (name of subdivision 2,181
or public library) .......... for the purpose of (purpose stated 2,182
in the resolution) .......... at a rate not exceeding ...... 2,183
mills for each one dollar of valuation, which amounts to (rate 2,184
expressed in dollars and cents) ............ for each one hundred 2,185
dollars of valuation, for ...... (life of indebtedness or number 2,186
of years the levy is to run). 2,187
2,189
For the Tax Levy 2,190
2,191
Against the Tax Levy 2,192
" 2,193
(C) If the levy is to be in effect for a continuing period 2,196
of time, the notice of election and the form of ballot shall so 2,197
state instead of setting forth a specified number of years for 2,198
the levy. 2,199
If the tax is to be placed on the current tax list, the 2,201
form of the ballot shall be modified by adding, after the 2,202
statement of the number of years the levy is to run, the phrase 2,203
", commencing in .......... (first year the tax is to be levied), 2,205
first due in calendar year .......... (first calendar year in 2,206
which the tax shall be due)."
If the levy submitted is a proposal to renew, increase, or 2,208
52
decrease an existing levy, the form of the ballot specified in 2,209
division (B) of this section may be changed by substituting for 2,210
the words "An additional" at the beginning of the form, the words 2,212
"A renewal of a" in case of a proposal to renew an existing levy 2,213
in the same amount; the words "A renewal of ........ mills and an 2,214
increase of ...... mills to constitute a" in the case of an 2,215
increase; or the words "A renewal of part of an existing levy, 2,216
being a reduction of ...... mills, to constitute a" in the case 2,217
of a decrease in the proposed levy. 2,218
If the levy submitted is a proposal to renew two or more 2,220
existing levies imposed under section 5705.21 of the Revised 2,221
Code, the form of the ballot specified in division (B) of this 2,222
section shall be modified by substituting for the words "an 2,223
additional tax" the words "a renewal of ....(insert the number of 2,225
levies to be renewed) existing taxes."
The question covered by such resolution shall be submitted 2,227
as a separate proposition but may be printed on the same ballot 2,228
with any other proposition submitted at the same election, other 2,229
than the election of officers. More than one such question may 2,230
be submitted at the same election. 2,231
(D) A levy voted in excess of the ten-mill limitation 2,233
under this section shall be certified to the tax commissioner. 2,234
In the first year of the levy, it shall be extended on the tax 2,236
lists after the February settlement succeeding the election. If 2,237
the additional tax is to be placed upon the tax list of the 2,238
current year, as specified in the resolution providing for its 2,239
submission, the result of the election shall be certified 2,240
immediately after the canvass by the board of elections to the 2,241
taxing authority, who shall make the necessary levy and certify 2,242
it to the county auditor, who shall extend it on the tax lists 2,243
for collection. After the first year, the tax levy shall be 2,244
included in the annual tax budget that is certified to the county 2,245
budget commission.
Section 2. That existing sections 124.11, 329.05, 339.11, 2,247
53
339.16, 339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55, 2,248
3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 5705.191, 2,250
5705.20, and 5705.25 and sections 339.20, 339.21, 339.22, 339.23, 2,251
339.231, 339.24, 339.25, 339.26, 339.27, 339.28, 339.29, 339.30, 2,252
339.31, 339.32, 339.33, 339.34, 339.35, 339.36, 339.37, 339.40, 2,254
339.41, 339.45, 339.46, 339.47, 339.50, 339.51, 339.52, 339.53, 2,255
339.54, 339.55, 339.56, 339.57, 339.58, 339.59, 339.60, 339.61, 2,257
339.62, 339.63, 339.64, 339.99, 3335.43, 3701.84, and 3707.11 of 2,258
the Revised Code are hereby repealed. 2,259
Section 3. Section 5705.01 of the Revised Code is 2,261
presented in this act as a composite of the section as amended by 2,262
both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General 2,263
Assembly, with the new language of neither of the acts shown in 2,265
capital letters. This is in recognition of the principle stated 2,266
in division (B) of section 1.52 of the Revised Code that such 2,267
amendments are to be harmonized where not substantively 2,268
irreconcilable and constitutes a legislative finding that such is 2,269
the resulting version in effect prior to the effective date of 2,270
this act.