As Passed by the House* 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 173 5
1999-2000 6
SENATORS DRAKE-KEARNS-SPADA-PRENTISS-HAGAN-REPRESENTATIVES JONES- 8
VESPER-PATTON-TERWILLEGER-BARNES-SMITH-TIBERI-FLANNERY-VERICH- 9
ALLEN-WIDENER-O'BRIEN-AMSTUTZ-GRENDELL 10
_________________________________________________________________ 11
A B I L L
To amend sections 124.11, 329.05, 339.11, 339.16, 13
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 14
3313.55, 3313.71, 3317.03, 3701.01, 3701.14, 15
3702.62, 3727.01, 5705.01, 5705.191, 5705.20, and 16
5705.25; to amend, for the purpose of adopting 17
new section numbers as indicated in parentheses,
sections 339.38 (339.75), 339.39 (339.76), 339.42 19
(339.74), and 339.43 (339.77); to enact sections 20
339.71, 339.72, 339.73, 339.78, 339.79, 339.80, 21
339.81, 339.82, 339.83, 339.84, 339.85, 339.86, 22
339.87, 339.88, and 339.89; and to repeal
sections 339.20, 339.21, 339.22, 339.23, 339.231, 24
339.24, 339.25, 339.26, 339.27, 339.28, 339.29, 25
339.30, 339.31, 339.32, 339.33, 339.34, 339.35, 26
339.36, 339.37, 339.40, 339.41, 339.45, 339.46, 27
339.47, 339.50, 339.51, 339.52, 339.53, 339.54, 28
339.55, 339.56, 339.57, 339.58, 339.59, 339.60, 29
339.61, 339.62, 339.63, 339.64, 339.99, 3335.43, 30
3701.84, and 3707.11 of the Revised Code with
regard to the treatment of tuberculosis. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 124.11, 329.05, 339.11, 339.16, 36
339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55,
3313.71, 3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 37
2
5705.191, 5705.20, and 5705.25 be amended; sections 339.38 40
(339.75), 339.39 (339.76), 339.42 (339.74), and 339.43 (339.77) 41
be amended for the purpose of adopting new section numbers as 42
indicated in parentheses; and sections 339.71, 339.72, 339.73, 44
339.78, 339.79, 339.80, 339.81, 339.82, 339.83, 339.84, 339.85, 45
339.86, 339.87, 339.88, and 339.89 of the Revised Code be enacted 46
to read as follows:
Sec. 124.11. The civil service of the state and the 55
several counties, cities, civil service townships, city health 56
districts, general health districts, and city school districts 57
thereof shall be divided into the unclassified service and the 58
classified service. 59
(A) The unclassified service shall comprise the following 61
positions, which shall not be included in the classified service, 62
and which shall be exempt from all examinations required by this 63
chapter: 64
(1) All officers elected by popular vote or persons 66
appointed to fill vacancies in such offices; 67
(2) All election officers as defined in section 3501.01 of 69
the Revised Code; 70
(3) The members of all boards and commissions, and heads 72
of principal departments, boards, and commissions appointed by 73
the governor or by and with the governor's consent; and the 74
members of all boards and commissions and all heads of 75
departments appointed by the mayor, or, if there is no mayor, 76
such other similar chief appointing authority of any city or city 77
school district; except as otherwise provided in division (A)(17) 78
or (C) of this section, this chapter does not exempt the chiefs 79
of police departments and chiefs of fire departments of cities or 80
civil service townships from the competitive classified service; 81
(4) The members of county or district licensing boards or 83
commissions and boards of revision, and deputy county auditors; 84
(5) All officers and employees elected or appointed by 86
either or both branches of the general assembly, and such 87
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employees of the city legislative authority as are engaged in 88
legislative duties; 89
(6) All commissioned, warrant, and noncommissioned 91
officers and enlisted persons in the Ohio organized militia, 93
including military appointees in the adjutant general's 95
department;
(7)(a) All presidents, business managers, administrative 97
officers, superintendents, assistant superintendents, principals, 98
deans, assistant deans, instructors, teachers, and such employees 99
as are engaged in educational or research duties connected with 100
the public school system, colleges, and universities, as 101
determined by the governing body of the public school system, 102
colleges, and universities; 103
(b) The library staff of any library in the state 105
supported wholly or in part at public expense. 106
(8) Four clerical and administrative support employees for 108
each of the elective state officers; and three clerical and 109
administrative support employees for other elective officers and 110
each of the principal appointive executive officers, boards, or 111
commissions, except for civil service commissions, that are 112
authorized to appoint such clerical and administrative support 113
employees; 114
(9) The deputies and assistants of state agencies 116
authorized to act for and on behalf of the agency, or holding a 117
fiduciary or administrative relation to that agency and those 118
persons employed by and directly responsible to elected county 119
officials or a county administrator and holding a fiduciary or 120
administrative relationship to such elected county officials or 121
county administrator, and the employees of such county officials 122
whose fitness would be impracticable to determine by competitive 124
examination, provided that division (A)(9) of this section shall 125
not affect those persons in county employment in the classified 126
service as of September 19, 1961. Nothing in division (A)(9) of 127
this section applies to any position in a county department of 128
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job and family services created pursuant to Chapter 329. of the 130
Revised Code. 131
(10) Bailiffs, constables, official stenographers, and 133
commissioners of courts of record, deputies of clerks of the 134
courts of common pleas who supervise, or who handle public moneys 135
or secured documents, and such officers and employees of courts 136
of record and such deputies of clerks of the courts of common 137
pleas as the director of administrative services finds it 138
impracticable to determine their fitness by competitive 139
examination; 140
(11) Assistants to the attorney general, special counsel 142
appointed or employed by the attorney general, assistants to 143
county prosecuting attorneys, and assistants to city directors of 144
law; 145
(12) Such teachers and employees in the agricultural 147
experiment stations; such students in normal schools, colleges, 148
and universities of the state who are employed by the state or a 149
political subdivision of the state in student or intern 150
classifications; and such unskilled labor positions as the 151
director of administrative services or any municipal civil 152
service commission may find it impracticable to include in the 153
competitive classified service; provided such exemptions shall be 154
by order of the commission or the director, duly entered on the 155
record of the commission or the director with the reasons for 156
each such exemption; 157
(13) Any physician or dentist who is a full-time employee 159
of the department of mental health or the department of mental 160
retardation and developmental disabilities or of an institution 161
under the jurisdiction of either department; and physicians who 162
are in residency programs at the institutions; 163
(14) Up to twenty positions at each institution under the 165
jurisdiction of the department of mental health or the department 166
of mental retardation and developmental disabilities that the 167
department director determines to be primarily administrative or 168
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managerial; and up to fifteen positions in any division of either 169
department, excluding administrative assistants to the director 170
and division chiefs, which are within the immediate staff of a 171
division chief and which the director determines to be primarily 172
and distinctively administrative and managerial; 173
(15) Noncitizens of the United States employed by the 175
state, or its counties or cities, as physicians or nurses who are 176
duly licensed to practice their respective professions under the 177
laws of Ohio, or medical assistants, in mental, tuberculosis, or 178
chronic disease hospitals, or institutions; 179
(16) Employees of the governor's office; 181
(17) Fire chiefs and chiefs of police in civil service 183
townships appointed by boards of township trustees under section 184
505.38 or 505.49 of the Revised Code; 185
(18) Executive directors, deputy directors, and program 187
directors employed by boards of alcohol, drug addiction, and 188
mental health services under Chapter 340. of the Revised Code, 189
and secretaries of the executive directors, deputy directors, and 190
program directors; 191
(19) Superintendents, and management employees as defined 193
in section 5126.20 of the Revised Code, of county boards of 194
mental retardation and developmental disabilities; 195
(20) Physicians, nurses, and other employees of a county 197
hospital who are appointed pursuant to sections 339.03 and 339.06 198
of the Revised Code; 199
(21) The executive director of the state medical board, 201
who is appointed pursuant to division (B) of section 4731.05 of 202
the Revised Code; 203
(22) County directors of job and family services as 205
provided in section 329.02 of the Revised Code and administrators 207
appointed under section 329.021 of the Revised Code; 208
(23) A director of economic development who is hired 210
pursuant to division (A) of section 307.07 of the Revised Code; 211
(24) Chiefs of construction and compliance, of operations 213
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and maintenance, and of licensing and certification in the 214
division of industrial compliance in the department of commerce; 215
(25) The executive director of a county transit system 217
appointed under division (A) of section 306.04 of the Revised 218
Code;
(26) Up to five positions at each of the administrative 220
departments listed in section 121.02 of the Revised Code and at 221
the department of taxation, department of the adjutant general, 222
department of education, Ohio board of regents, bureau of 223
workers' compensation, industrial commission, state lottery 224
commission, and public utilities commission of Ohio that the head 225
of that administrative department or of that other state agency 226
determines to be involved in policy development and 227
implementation. The head of the administrative department or 228
other state agency shall set the compensation for employees in 229
these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the 230
maximum compensation specified in pay range 44 of salary schedule 231
E-2 in section 124.152 of the Revised Code. The authority to 232
establish positions in the unclassified service under division 233
(A)(26) of this section is in addition to and does not limit any 234
other authority that an administrative department or state agency 236
has under the Revised Code to establish positions, appoint
employees, or set compensation. 237
(27) Employees of the department of agriculture employed 239
under section 901.09 of the Revised Code; 240
(28) For cities, counties, civil service townships, city 242
health districts, general health districts, and city school 244
districts, the deputies and assistants of elective or principal 245
executive officers authorized to act for and in the place of 246
their principals or holding a fiduciary relation to their
principals; 247
(29) Employees who receive external interim, intermittent, 249
or temporary appointments under division (B) of section 124.30 of 250
7
the Revised Code;
(30) Employees appointed to administrative staff positions 252
for which an appointing authority is given specific statutory 253
authority to set compensation; 254
(31) Employees appointed to highway patrol cadet or 256
highway patrol cadet candidate classifications. 257
(B) The classified service shall comprise all persons in 259
the employ of the state and the several counties, cities, city 260
health districts, general health districts, and city school 261
districts thereof, not specifically included in the unclassified 262
service. Upon the creation by the board of trustees of a civil 263
service township civil service commission, the classified service 264
shall also comprise, except as otherwise provided in division 265
(A)(17) or (C) of this section, all persons in the employ of 266
civil service township police or fire departments having ten or 267
more full-time paid employees. The classified service consists 268
of two classes, which shall be designated as the competitive 269
class and the unskilled labor class. 270
(1) The competitive class shall include all positions and 272
employments in the state and the counties, cities, city health 273
districts, general health districts, and city school districts 274
thereof, and upon the creation by the board of trustees of a 275
civil service township of a township civil service commission all 276
positions in civil service township police or fire departments 277
having ten or more full-time paid employees, for which it is 278
practicable to determine the merit and fitness of applicants by 279
competitive examinations. Appointments shall be made to, or 280
employment shall be given in, all positions in the competitive 281
class that are not filled by promotion, reinstatement, transfer, 282
or reduction, as provided in this chapter, and the rules of the 283
director of administrative services, by appointment from those 284
certified to the appointing officer in accordance with this 285
chapter. 286
(2) The unskilled labor class shall include ordinary 288
8
unskilled laborers. Vacancies in the labor class shall be filled 289
by appointment from lists of applicants registered by the 290
director. The director or the commission, by rule, shall require 292
an applicant for registration in the labor class to furnish such 293
evidence or take such tests as the director considers proper with 294
respect to age, residence, physical condition, ability to labor, 295
honesty, sobriety, industry, capacity, and experience in the work 296
or employment for which application is made. Laborers who 297
fulfill the requirements shall be placed on the eligible list for 298
the kind of labor or employment sought, and preference shall be 299
given in employment in accordance with the rating received from 300
such evidence or in such tests. Upon the request of an 301
appointing officer, stating the kind of labor needed, the pay and 302
probable length of employment, and the number to be employed, the 303
director shall certify from the highest on the list double the 304
number to be employed; from this number the appointing officer 305
shall appoint the number actually needed for the particular work. 306
If more than one applicant receives the same rating, priority in 307
time of application shall determine the order in which their 308
names shall be certified for appointment. 309
(C) A municipal or civil service township civil service 311
commission may place volunteer firefighters who are paid on a 313
fee-for-service basis in either the classified or the 314
unclassified civil service. 315
(D) This division does not apply to persons in the 317
unclassified service who have the right to resume positions in 318
the classified service under sections 4121.121, 5119.071, 319
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 320
5501.19 of the Revised Code. 321
An appointing authority whose employees are paid directly 324
by warrant of the auditor of state may appoint a person who holds 325
a certified position in the classified service within the 326
appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant to this 329
9
division to a position in the unclassified service shall retain
the right to resume the position and status held by the person in 331
the classified service immediately prior to the person's
appointment to the position in the unclassified service, 332
regardless of the number of positions the person held in the 334
unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to 335
that position in the classified service held previously, as 337
certified by the director of administrative services. If the
position the person previously held in the classified service has 338
been placed in the unclassified service or is otherwise 340
unavailable, the person shall be appointed to a position in the 341
classified service within the appointing authority's agency that 342
the director of administrative services certifies is comparable
in compensation to the position the person previously held in the 343
classified service. Service in the position in the unclassified 345
service shall be counted as service in the position in the 346
classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. 347
When a person is reinstated to a position in the classified 349
service as provided in this division, the person is entitled to 350
all rights, status, and benefits accruing to the position in the 351
classified service during the person's time of service in the
position in the unclassified service. 353
Sec. 329.05. The county department of job and family 362
services may administer or assist in administering any state or 364
local family services activity in addition to those mentioned in 367
section 329.04 of the Revised Code, supported wholly or in part 368
by public funds from any source provided by agreement between the 369
board of county commissioners and the officer, department, board, 370
or agency in which the administration of such activity is vested. 371
Such officer, department, board, or agency may enter into such 372
agreement and confer upon the county department of job and family 374
services, to the extent and in particulars specified in the 375
10
agreement, the performance of any duties and the exercise of any 376
powers imposed upon or vested in such officer, board, department, 377
or agency, with respect to the administration of such activity. 378
Such agreement shall be in the form of a resolution of the board 379
of county commissioners, accepted in writing by the other party 380
to the agreement, and filed in the office of the county auditor, 381
and when so filed, shall have the effect of transferring the 382
exercise of the powers and duties to which the agreement relates 383
and shall exempt the other party from all further responsibility 384
for the exercise of the powers and duties so transferred, during 385
the life of the agreement. 386
Such agreement shall be coordinated and not conflict with a 388
partnership agreement entered into under section 307.98, a 389
contract entered into under section 307.981 or 307.982, a plan of 390
cooperation entered into under section 307.983, a regional plan 392
of cooperation entered into under section 307.984, a 393
transportation work plan developed under section 307.985, or 395
procedures for providing services to children whose families 397
relocate frequently established under section 307.986 of the 398
Revised Code. It may be revoked at the option of either party, 400
by a resolution or order of the revoking party filed in the 401
office of the auditor. Such revocation shall become effective at 402
the end of the fiscal year occurring at least six months 403
following the filing of the resolution or order. In the absence 404
of such an express revocation so filed, the agreement shall 405
continue indefinitely.
This section does not permit a county department of job and 407
family services to manage or control county or district 409
tuberculosis or other hospitals, humane societies, detention 410
homes, jails or probation departments of courts, or veterans 411
service commissions.
Sec. 339.11. The board of county commissioners may enter 420
INTO an agreement with one or more corporations or associations 422
organized for charitable purposes or for the purpose of 423
11
maintaining and operating a hospital in any county in which such 424
hospital has been established, for the care of the indigent sick
and disabled, excepting INCLUDING INDIGENT persons afflicted with 425
pulmonary RECEIVING THE tuberculosis, upon such TREATMENT 426
SPECIFIED IN SECTION 339.73 OF THE REVISED CODE. THE DOCUMENT 427
USED TO VERIFY THE AGREEMENT SHALL SPECIFY THE terms as are THAT 429
HAVE BEEN agreed upon between BY the board and such corporations 430
or associations. Such board shall provide for the payment of the 431
amount agreed upon in one payment, or installments, or so much 432
from year to year as the parties stipulate. This section does 433
not authorize the payment of public funds to a sectarian 434
institution, EXCEPT WHEN THE PAYMENT IS MADE PURSUANT TO SECTIONS 435
339.71 TO 339.89 OF THE REVISED CODE. The board may employ the
necessary and properly qualified employees to assist it in 438
carrying out all responsibilities devolving upon such board by 439
reason of any agreement, entered into in accordance with this 440
section.
Sec. 339.16. A board of trustees of any county hospital, 449
or of any county or district tuberculosis hospital, may contract 450
for, purchase, or otherwise procure on behalf of any or all of 451
its employees or such employees and their immediate dependents 452
the following types of fringe benefits: 453
(A) Group or individual insurance contracts which may 455
include life, sickness, accident, disability, annuities, 456
endowment, health, medical expense, hospital, dental, surgical 457
and related coverage or any combination thereof; 458
(B) Group or individual contracts with health insuring 460
corporations or other providers of professional services, care, 462
or benefits duly authorized to do business in this state.
A board of trustees of any county hospital, or of any 464
county or district tuberculosis hospital, may contract for, 465
purchase, or otherwise procure insurance contracts which provide 466
protection for the trustees and employees against liability, 467
including professional liability, provided that this section or 468
12
any insurance contract issued pursuant to this section shall not 469
be construed as a waiver of or in any manner affect the immunity 470
of the hospital or county. 471
All or any portion of the cost, premium, fees, or charges 473
therefor may be paid in such manner or combination of manners as 474
the board of trustees may determine, including direct payment by 475
the employee, and, if authorized in writing by the employee, by 476
the board of trustees with moneys made available by deduction 477
from or reduction in salary or wages or by the foregoing of a 478
salary or wage increase. 479
Notwithstanding sections 3917.01 and 3917.06 of the Revised 481
Code, the board of trustees may purchase group life insurance 482
authorized by this section by reason of payment of premiums 483
therefor by the board of trustees from its funds, and such group 484
life insurance may be issued and purchased if otherwise 485
consistent with sections 3917.01 to 3917.06 of the Revised Code. 486
Sec. 339.17. (A) Sections 140.03 and 140.05 of the 495
Revised Code are alternatives to sections 339.02 to 339.13 of the 496
Revised Code. Sections 339.02 to 339.14 and 339.21 to 339.39 of 497
the Revised Code are not applicable with respect to hospital 498
facilities and services provided for under leases or agreements 499
entered into pursuant to section 140.03 or 140.05 of the Revised 500
Code, except to the extent made applicable by section 140.03 or 501
140.05 of the Revised Code and the leases and agreements made 502
thereunder. 503
(B) Notwithstanding division (A) of this section, the 505
requirements of sections 339.091 and 339.092 of the Revised Code 506
apply to an initial agreement with a board of county 507
commissioners, board of county hospital trustees, or county 508
hospital commission for the acquisition, operation, or lease of a 509
county hospital operated by a board of county hospital trustees 510
under section 339.06 of the Revised Code, entered into pursuant 511
to section 140.03 or 140.05 of the Revised Code, but not to any 512
amendment or renewal of such agreement. 513
13
Sec. 339.71. AS USED IN THIS SECTION AND SECTIONS 339.72 515
TO 339.89 OF THE REVISED CODE: 516
(A) "ACTIVE TUBERCULOSIS" MEANS TUBERCULOSIS THAT HAS BEEN 519
DEMONSTRATED BY CLINICAL, BACTERIOLOGICAL, OR RADIOGRAPHIC 520
EVIDENCE TO BE PRESENT IN AN INDIVIDUAL WHO HAS NOT COMPLETED AN 522
APPROPRIATE COURSE OF ANTITUBERCULOSIS MEDICATION, REGARDLESS OF 523
THE STAGE OF COMMUNICABILITY OF THE TUBERCULOSIS, AND INCLUDES 524
BOTH PULMONARY AND EXTRAPULMONARY TUBERCULOSIS. 525
(B) "COMMUNICABLE TUBERCULOSIS" MEANS ACTIVE PULMONARY OR 528
LARYNGEAL TUBERCULOSIS THAT HAS BEEN DETERMINED, THROUGH
EXAMINATION OF A CULTURE OF SPECIMENS OBTAINED FROM THE 530
INDIVIDUAL'S RESPIRATORY TRACT, TO BE IN A STAGE AT WHICH IT CAN 531
BE TRANSMITTED TO ANOTHER INDIVIDUAL. 532
(C) "EXTRAPULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 535
AFFECTS TISSUES OF THE BODY OTHER THAN THE LUNGS.
(D) "LARYNGEAL TUBERCULOSIS" MEANS TUBERCULOSIS THAT 537
AFFECTS THE LARYNX. 538
(E) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 541
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 542
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 543
(F) "PULMONARY TUBERCULOSIS" MEANS TUBERCULOSIS THAT 545
AFFECTS THE LUNGS. 546
(G) "TUBERCULOSIS" MEANS THE INFECTIOUS DISEASE OCCURRING 549
IN HUMANS THAT IS CAUSED BY ONE OF THE FOLLOWING MICROORGANISMS: 550
(1) MYCOBACTERIUM TUBERCULOSIS; 552
(2) MYCOBACTERIUM BOVIS; 554
(3) MYCOBACTERIUM AFRICANUM. 556
Sec. 339.72. (A) EACH BOARD OF COUNTY COMMISSIONERS SHALL 558
PROVIDE FOR THE COUNTY TO BE SERVED BY A TUBERCULOSIS CONTROL 559
UNIT BY DESIGNATING A COUNTY TUBERCULOSIS CONTROL UNIT OR BY 560
ENTERING INTO AN AGREEMENT WITH ONE OR MORE BOARDS OF COUNTY 561
COMMISSIONERS OF OTHER COUNTIES UNDER WHICH THE BOARDS JOINTLY 562
DESIGNATE A DISTRICT TUBERCULOSIS CONTROL UNIT. THE ENTITY 563
DESIGNATED AS THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 564
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MAY BE ANY OF THE FOLLOWING: 565
(1) A COMMUNICABLE DISEASE CONTROL PROGRAM OPERATED BY A 568
BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT PURSUANT TO 569
SECTION 3709.22 OF THE REVISED CODE;
(2) A TUBERCULOSIS PROGRAM OPERATED BY A COUNTY THAT 571
RECEIVES FUNDS PURSUANT TO SECTION 339.77 OF THE REVISED CODE; 573
(3) A TUBERCULOSIS CLINIC ESTABLISHED BY A BOARD OF COUNTY 576
COMMISSIONERS PURSUANT TO SECTION 339.76 OF THE REVISED CODE; 577
(4) A HOSPITAL THAT PROVIDES TUBERCULOSIS CLINIC SERVICES 580
UNDER A CONTRACT WITH A BOARD OF COUNTY COMMISSIONERS PURSUANT TO 581
SECTION 339.75 OF THE REVISED CODE.
(B) THE ENTITY DESIGNATED UNDER DIVISION (A) OF THIS 583
SECTION AS THE TUBERCULOSIS CONTROL UNIT SHALL ACCEPT THAT 584
DESIGNATION AND FULFILL ITS DUTIES AS THE TUBERCULOSIS CONTROL 585
UNIT SPECIFIED UNDER SECTIONS 339.71 TO 339.89 OF THE REVISED 586
CODE.
Sec. 339.73. EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL 588
UNIT SHALL ENSURE THAT TUBERCULOSIS TREATMENT IS MADE AVAILABLE 589
TO ALL INDIVIDUALS WITH TUBERCULOSIS WHO RESIDE IN THE AREA 591
SERVED BY THE UNIT. IN MAKING TREATMENT AVAILABLE, THE
TUBERCULOSIS CONTROL UNIT MAY PROVIDE THE TREATMENT OR MAKE 592
REFERRALS FOR RECEIPT OF TREATMENT FROM OTHER ENTITIES. THE UNIT 593
MAY MAKE REFERRALS FOR RECEIPT OF TEMPORARY HOUSING. 594
THE TUBERCULOSIS TREATMENT PROVIDED UNDER THIS SECTION IS 596
LIMITED TO CASES OF ACTIVE TUBERCULOSIS AND INFECTED CONTACTS AND 597
INCLUDES PROVISION OF ANTITUBERCULOSIS MEDICATION, CONDUCT OF AN 599
INVESTIGATION UNDER SECTION 339.80 OF THE REVISED CODE, PROVISION
OF APPROPRIATE FOLLOW-UP SERVICES FOR CONFIRMED AND SUSPECTED 600
CASES OF ACTIVE TUBERCULOSIS, AND PROVISION OF SERVICES BY A 602
PHYSICIAN THROUGH A COURSE OF THERAPY THAT MEETS THE STANDARDS 603
FOR TUBERCULOSIS TREATMENT ESTABLISHED BY THE UNITED STATES 604
CENTERS FOR DISEASE CONTROL AND PREVENTION OR THE AMERICAN 605
THORACIC SOCIETY.
THE TUBERCULOSIS CONTROL UNIT SHALL SERVE ALL RESIDENTS 607
15
WITHIN ITS JURISDICTION, REGARDLESS OF THE LENGTH OF TIME THAT 608
THE INDIVIDUAL HAS RESIDED IN THE AREA OR THE INDIVIDUAL'S INCOME 609
AND RESOURCES. AN INDIVIDUAL WHO RECEIVES TUBERCULOSIS TREATMENT 610
SHALL DISCLOSE TO THE TUBERCULOSIS CONTROL UNIT THE IDENTITY OF 611
ANY THIRD PARTY AGAINST WHOM THE INDIVIDUAL HAS OR MAY HAVE A 612
RIGHT OF RECOVERY FOR THE TREATMENT PROVIDED. THE BOARD OF
COUNTY COMMISSIONERS IS THE PAYOR OF LAST RESORT FOR TUBERCULOSIS 613
TREATMENT AND SHALL PAY FOR TREATMENT ONLY TO THE EXTENT THAT 614
PAYMENT IS NOT MADE THROUGH THIRD-PARTY BENEFITS. 615
Sec. 339.42 339.74. The county commissioners of each 624
county EACH COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT shall 625
establish a TUBERCULOSIS record bureau, appoint a director 627
thereof, and appoint such assistants as are required to keep and 628
maintain adequate records with respect to all known cases of 630
tuberculosis within the county. The county commissioners may
delegate the authority to operate such bureau to a county or 631
district tuberculosis hospital, a county tuberculosis clinic, a 632
joint county tuberculosis clinic, or a city or general health 633
district. All tuberculosis hospitals, tuberculosis clinics, 634
general and private hospitals and all boards of health shall
immediately report all cases of tuberculosis which are known to 635
them to such record bureau, and they shall supply the bureau with 636
such data with respect to such cases and with respect to the 637
persons who live or work in close contact with such cases as it 638
requests AREA SERVED BY THE UNIT.
Sec. 339.38 339.75. The board of county commissioners of 647
any county may contract with the board of trustees of a county or 648
district tuberculosis HEALTH OF A CITY OR GENERAL HEALTH DISTRICT 649
OR ANY hospital or with the director of health OTHER HEALTH CARE 651
FACILITY for clinic services or for the care, treatment, and 652
maintenance of residents of the county who are suffering from THE 653
PROVISION OF THE tuberculosis TREATMENT SPECIFIED UNDER SECTION 654
339.73 OF THE REVISED CODE. The board of county commissioners of 655
the county in which such patients reside shall pay to the board 656
16
of trustees of such county or district tuberculosis hospital, or 657
to the treasurer of state, HEALTH OR HEALTH CARE FACILITY WITH 658
WHICH IT CONTRACTS the amount provided in the contract. They 660
shall also pay for the transportation of patients and attendants. 661
The board of county commissioners may also contract for the care 662
and treatment of residents of the county suffering from 663
tuberculosis with a general hospital, properly equipped both as 664
to personnel and facilities for the care and treatment of 665
tuberculosis, or with a person, firm, association, or corporation 666
operating a hospital exclusively for the care and treatment of 667
the tuberculous. No contract shall be made unless such general 668
or private hospital has been inspected and approved by the 669
department of health. Such approval may be withdrawn and such 670
contract shall be cancelled, if, in the judgment of the 671
department, such general or private hospital is not properly 672
managed. If such approval is withdrawn, the person, firm, 673
association, or corporation operating such institutions may 674
appeal to the public health council for a decision. 675
Sec. 339.39 339.76. The board of county commissioners of 684
any county may establish and maintain one or more tuberculosis 685
clinics in the county, AND may employ physicians, public health 686
nurses, and other persons for the operation of such clinics or 687
other means as are provided for the prevention, cure, and 688
treatment of tuberculosis, and. THE BOARD may provide by tax 690
levies, or otherwise, the necessary funds for such clinics to be 691
established, maintained, and operated. Clinics so established 692
shall be under the control of the board of county commissioners, 693
and shall be supervised by a board of three trustees, similar in 694
all respects to and with all the powers enjoyed by a board of 695
trustees of a county tuberculosis hospital, or by a city or 696
general district board of health within the county, as the board 697
of county commissioners designates. 698
The boards of county commissioners of two or more counties 700
may join together to establish a joint county tuberculosis 701
17
clinic. Clinics so established shall be under the control of the 702
joint boards of county commissioners of the member counties and 703
shall be supervised by a board of trustees, such board to consist 704
of an equal number of trustees from each of the member counties, 705
with all of the powers enjoyed by a board of trustees of a county 706
tuberculosis hospital, or by a city or general health district 707
board of health within the county where the clinic is located, as 708
the member boards of county commissioners shall designate. The 709
cost of the establishment and the maintenance of such clinics 710
shall be distributed among the member counties as agreed upon by 711
such members, and such costs shall be paid from the respective 712
county general funds, or from tax levies, or both. 713
Sec. 339.43 339.77. (A) The director of health shall make 722
available financial assistance for treatment of tuberculosis 723
patients to counties operating an acceptable tuberculosis 725
program. Annually, the director shall pay to the BOARDS OF 726
county commissioners of the patient's legal residence a 727
per-active-case amount that equals the annually appropriated 730
funds divided by the number of active cases with documented 731
completion of an approved course of treatment during the previous 732
fiscal year. Total payment shall not exceed the amount of funds 733
appropriated for the purpose. The Ohio public health council 734
DIRECTOR shall provide forms for documentation and shall 735
determine what constitutes an "acceptable tuberculosis program," 736
an "approved course of treatment," and an "active case." The 738
director or his THE DIRECTOR'S authorized agent shall upon 739
request be allowed access to any patient's medical records in 740
order to verify the accuracy of the information submitted to 741
justify such financial assistance. If such medical records are 742
denied or are unavailable, the financial assistance shall 743
terminate or be denied.
(B) ANNUALLY, THE DIRECTOR SHALL REIMBURSE BOARDS OF 745
COUNTY COMMISSIONERS FOR THE COST OF DETAINING INDIGENT PERSONS 746
WITH TUBERCULOSIS. TOTAL PAYMENT SHALL NOT EXCEED THE AMOUNT OF 747
18
FUNDS APPROPRIATED FOR THE COST OF DETENTION. THE DIRECTOR SHALL 748
PRESCRIBE THE RATE OF REIMBURSEMENT FOR DETENTION. ANY FUNDS NOT 749
EXPENDED FOR DETENTION BY THE END OF A FISCAL YEAR SHALL BE 750
DISBURSED TO BOARDS OF COUNTY COMMISSIONERS FOR USE IN ACCORDANCE 751
WITH DIVISION (A) OF THIS SECTION.
Sec. 339.78. (A) WHEN A PHYSICIAN COMPLETES DIAGNOSTIC 754
STUDIES CONFIRMING THAT AN INDIVIDUAL HAS TUBERCULOSIS, THE 755
PHYSICIAN SHALL REPORT THE CONFIRMED CASE OF TUBERCULOSIS TO THE 756
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT. A PHYSICIAN SHALL 757
MAKE A REPORT TO THE TUBERCULOSIS CONTROL UNIT PRIOR TO 758
COMPLETION OF DIAGNOSTIC STUDIES IF THE SIGNS AND SYMPTOMS 759
DEMONSTRATED BY AN INDIVIDUAL ARE SUFFICIENT FOR THE PHYSICIAN TO 760
SUSPECT THAT THE INDIVIDUAL HAS TUBERCULOSIS. AT ANY TIME IT IS 761
DETERMINED THAT AN INDIVIDUAL'S TUBERCULOSIS IS RESISTANT TO ONE 762
OR MORE DRUGS, THE PHYSICIAN SHALL MAKE A REPORT TO THE UNIT. 763
THE PHYSICIAN ATTENDING AN INDIVIDUAL WITH TUBERCULOSIS 765
SHALL DOCUMENT THE INDIVIDUAL'S ADHERENCE TO THE TREATMENT 766
REGIMEN THAT THE PHYSICIAN PRESCRIBES AND MAKE A REPORT TO THE 767
TUBERCULOSIS CONTROL UNIT IF THE INDIVIDUAL DOES NOT ADHERE TO 768
THE REGIMEN.
IN EACH REPORT MADE UNDER THIS DIVISION, THE PHYSICIAN 770
SHALL PROVIDE ALL INFORMATION THAT THE TUBERCULOSIS CONTROL UNIT 771
REQUESTS. THE INFORMATION SHALL BE PROVIDED AT INTERVALS 772
SPECIFIED BY THE TUBERCULOSIS CONTROL UNIT. 773
(B) IN ADDITION TO ACCEPTING REPORTS MADE BY PHYSICIANS 775
UNDER DIVISION (A) OF THIS SECTION, A COUNTY OR DISTRICT 776
TUBERCULOSIS CONTROL UNIT SHALL ACCEPT REPORTS MADE AS FOLLOWS: 777
(1) THE ADMINISTRATOR OF A HOSPITAL, CLINIC, OR OTHER 779
FACILITY THAT IS PROVIDING SERVICES TO AN INDIVIDUAL WHO IS 780
CONFIRMED TO HAVE OR IS SUSPECTED OF HAVING TUBERCULOSIS SHALL 781
REPORT THE CASE TO THE TUBERCULOSIS CONTROL UNIT; 783
(2) THE ADMINISTRATOR OF A LABORATORY THAT PERFORMS TESTS 785
FOR TUBERCULOSIS ON HUMAN SPECIMENS SHALL REPORT TO THE 786
TUBERCULOSIS CONTROL UNIT EACH POSITIVE TUBERCULOSIS TEST RESULT 787
19
OBTAINED;
(3) ANY PERSON WHO SUSPECTS THAT AN INDIVIDUAL HAS 789
TUBERCULOSIS MAY REPORT THAT SUSPICION TO THE TUBERCULOSIS 790
CONTROL UNIT. 791
Sec. 339.79. A COUNTY OR DISTRICT TUBERCULOSIS CONTROL 793
UNIT SHALL MAKE A REPORT TO THE OHIO DEPARTMENT OF HEALTH EACH 794
TIME THE UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE 795
REVISED CODE OF A SUSPECTED OR CONFIRMED CASE OF TUBERCULOSIS OR 796
A CASE OF TUBERCULOSIS THAT IS RESISTANT TO ONE OR MORE DRUGS. 798
IF THE REPORT PERTAINS TO AN INDIVIDUAL WHO IS NOT A RESIDENT OF 800
THIS STATE, THE DEPARTMENT SHALL MAKE A REPORT TO THE STATE OR 801
LOCAL PUBLIC HEALTH AGENCY THAT SERVES THE STATE IN WHICH THE 802
INDIVIDUAL RESIDES.
Sec. 339.80. WHEN A COUNTY OR DISTRICT TUBERCULOSIS 804
CONTROL UNIT RECEIVES A REPORT UNDER SECTION 339.78 OF THE 806
REVISED CODE OF A CONFIRMED OR SUSPECTED CASE OF TUBERCULOSIS, 807
THE UNIT SHALL CONDUCT AN INVESTIGATION THAT INCLUDES PERSONAL 808
CONTACT WITH THE INDIVIDUAL WITH TUBERCULOSIS. THE INVESTIGATION 809
SHALL COMMENCE NOT LATER THAN THREE WORKING DAYS AFTER THE UNIT 810
RECEIVES THE REPORT. 811
Sec. 339.81. ANY INFORMATION, DATA, AND REPORTS WITH 814
RESPECT TO A CASE OF TUBERCULOSIS THAT ARE FURNISHED TO, OR 815
PROCURED BY, A COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT OR 816
THE DEPARTMENT OF HEALTH SHALL BE CONFIDENTIAL AND USED ONLY FOR 818
STATISTICAL, SCIENTIFIC, AND MEDICAL RESEARCH FOR THE PURPOSE OF 819
CONTROLLING TUBERCULOSIS IN THIS STATE. NO PHYSICIAN, HOSPITAL, 820
OR OTHER ENTITY FURNISHING INFORMATION, DATA, OR REPORTS PURSUANT 821
TO THIS CHAPTER SHALL BY REASON OF SUCH FURNISHING BE DEEMED TO 823
HAVE VIOLATED ANY CONFIDENTIAL RELATIONSHIP, BE HELD TO ANSWER
FOR WILLFUL BETRAYAL OF A PROFESSIONAL CONFIDENCE, OR BE HELD 825
LIABLE IN DAMAGES TO ANY PERSON. 826
Sec. 339.82. EXCEPT AS PROVIDED IN SECTION 339.89 OF THE 828
REVISED CODE, ALL OF THE FOLLOWING APPLY TO INDIVIDUALS WITH 829
TUBERCULOSIS:
20
(A)(1) AN INDIVIDUAL WHO HAS BEEN DIAGNOSED AS HAVING 832
ACTIVE TUBERCULOSIS SHALL COMPLETE THE ENTIRE TUBERCULOSIS 833
TREATMENT REGIMEN PRESCRIBED FOR THE INDIVIDUAL BY A PHYSICIAN. 834
THE REGIMEN PRESCRIBED SHALL INCLUDE A COURSE OF ANTITUBERCULOSIS 835
MEDICATION, RECOMMENDATIONS FOR MANAGEMENT OF TUBERCULOSIS, AND 836
INSTRUCTIONS FOR FOLLOWING CONTAGION PRECAUTIONS TO PREVENT THE 837
SPREAD OF TUBERCULOSIS.
(2) IF AN INDIVIDUAL FAILS TO TAKE PRESCRIBED 839
ANTITUBERCULOSIS MEDICATION IN ACCORDANCE WITH DIVISION (A)(1) OF 840
THIS SECTION, THE COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT 841
SHALL ESTABLISH A PROCEDURE UNDER WHICH THE INDIVIDUAL IS 842
REQUIRED TO BE WITNESSED INGESTING THE ANTITUBERCULOSIS 843
MEDICATION BY INDIVIDUALS DESIGNATED BY THE UNIT. THE INDIVIDUAL 844
SHALL TAKE THE MEDICATION IN ACCORDANCE WITH THE PROCEDURE. 845
(B) AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO IS 848
NOT HOSPITALIZED OR OTHERWISE CONFINED SHALL NOT ATTEND ANY 849
PUBLIC GATHERING OR BE IN ANY PUBLIC PLACE THAT THE COUNTY OR
DISTRICT TUBERCULOSIS CONTROL UNIT DETERMINES CANNOT BE 850
MAINTAINED IN A MANNER ADEQUATE TO PROTECT OTHERS FROM THE SPREAD 851
OF THE DISEASE. AN INDIVIDUAL WITH COMMUNICABLE TUBERCULOSIS WHO 852
CANNOT BE MAINTAINED OUTSIDE OF A HOSPITAL IN A MANNER ADEQUATE 853
TO PROTECT OTHERS FROM THE SPREAD OF THE DISEASE SHALL SUBMIT TO 854
HOSPITALIZATION AND REMAIN HOSPITALIZED.
(C) AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS WHO INTENDS TO 857
TRAVEL OR RELOCATE SHALL NOTIFY THE COUNTY OR DISTRICT
TUBERCULOSIS CONTROL UNIT. THE UNIT SHALL NOTIFY THE OHIO 859
DEPARTMENT OF HEALTH WHEN AN INDIVIDUAL WITH ACTIVE TUBERCULOSIS
RELOCATES. THE DEPARTMENT SHALL NOTIFY THE TUBERCULOSIS CONTROL 861
UNIT OF THE TUBERCULOSIS CONTROL DISTRICT TO WHICH THE INDIVIDUAL 862
INTENDS TO TRAVEL OR RELOCATE OR THE APPROPRIATE PUBLIC HEALTH 863
AUTHORITY OF THE STATE TO WHICH THE INDIVIDUAL INTENDS TO TRAVEL 864
OR RELOCATE.
Sec. 339.83. WHEN A COUNTY OR DISTRICT TUBERCULOSIS 866
CONTROL UNIT BECOMES AWARE THAT AN INDIVIDUAL WITH ACTIVE OR 867
21
COMMUNICABLE TUBERCULOSIS IS NOT IN COMPLIANCE WITH SECTION 868
339.82 OF THE REVISED CODE, THE UNIT SHALL INFORM THE INDIVIDUAL 869
THAT SECTION 339.82 OF THE REVISED CODE REQUIRES COMPLIANCE AND 870
THAT THE UNIT MAY ISSUE AN ORDER UNDER SECTION 339.84 OF THE 872
REVISED CODE COMPELLING THE INDIVIDUAL TO COMPLY.
Sec. 339.84. IF AN INDIVIDUAL FAILS TO COMPLY WITH SECTION 875
339.82 OF THE REVISED CODE, THE COUNTY OR DISTRICT TUBERCULOSIS 876
CONTROL UNIT MAY ISSUE AN ORDER COMPELLING THE INDIVIDUAL TO 878
COMPLY.
Sec. 339.85. IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 880
ORDER ISSUED UNDER SECTION 339.84 OF THE REVISED CODE, THE COUNTY 881
OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY APPLY TO THE PROBATE 883
COURT OF THE APPROPRIATE COUNTY FOR AN INJUNCTION PROHIBITING THE
INDIVIDUAL FROM CONTINUING TO VIOLATE THE UNIT'S ORDER. IF THE 885
TUBERCULOSIS CONTROL UNIT BELIEVES THAT AN INDIVIDUAL'S FAILURE 886
TO COMPLY WITH ITS ORDER INVOLVES AN IMMEDIATE DANGER TO THE 887
PUBLIC HEALTH, THE UNIT MAY REQUEST THAT THE COURT ISSUE AN 888
INJUNCTION WITHOUT GRANTING THE INDIVIDUAL AN OPPORTUNITY FOR A 889
PRIOR HEARING OR THAT THE COURT HOLD AN EXPEDITED HEARING ON THE 890
MATTER.
Sec. 339.86. (A) IF AN INDIVIDUAL FAILS TO COMPLY WITH AN 893
INJUNCTION ISSUED UNDER SECTION 339.85 OF THE REVISED CODE, THE 894
COUNTY OR DISTRICT TUBERCULOSIS CONTROL UNIT MAY REQUEST THAT THE 895
PROBATE COURT OF THE APPROPRIATE COUNTY ISSUE AN ORDER UNDER 896
WHICH THE UNIT IS GRANTED THE AUTHORITY TO DETAIN THE INDIVIDUAL 897
IN A HOSPITAL OR OTHER PLACE TO BE EXAMINED OR TREATED FOR 899
TUBERCULOSIS. IN THE REQUEST, THE UNIT SHALL PROVIDE THE 900
FOLLOWING INFORMATION:
(1) THE NAME OF THE INDIVIDUAL; 902
(2) THE PURPOSE OF MAKING THE REQUEST FOR DETENTION; 905
(3) AN INDIVIDUALIZED ASSESSMENT THAT CONTAINS A 907
DESCRIPTION OF THE CIRCUMSTANCES AND BEHAVIOR OF THE INDIVIDUAL 908
THAT CONSTITUTES THE BASIS FOR MAKING THE REQUEST; 909
(4) A RECOMMENDATION FOR THE LENGTH OF TIME THAT THE 911
22
INDIVIDUAL SHOULD BE DETAINED; 912
(5) A RECOMMENDATION OF A HOSPITAL OR OTHER PLACE TO BE 915
USED FOR THE DETENTION.
(B) THE COURT MAY ISSUE AN ORDER FOR DETENTION FOR AN 918
INITIAL PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS. AT THE 919
END OF THE INITIAL PERIOD OF DETENTION, THE COURT SHALL REVIEW 920
THE CASE AND MAY EXTEND THE ORDER FOR SUBSEQUENT PERIODS OF NOT 921
MORE THAN NINETY DAYS. AT THE END OF EACH SUBSEQUENT PERIOD OF 922
DETENTION, THE COURT SHALL REVIEW THE CASE. WHEN THE COURT 923
RECEIVES SATISFACTORY EVIDENCE THAT THE INDIVIDUAL SUBJECT TO THE 924
ORDER NO LONGER HAS ACTIVE TUBERCULOSIS, THE COURT SHALL 925
TERMINATE THE ORDER FOR DETENTION. 926
(C) AN INDIVIDUAL WHO HAS BEEN DETAINED UNDER THIS SECTION 929
MAY PROVIDE THE TUBERCULOSIS CONTROL UNIT WITH THE NAMES, 930
ADDRESSES, AND TELEPHONE NUMBERS OF RELATIVES AND FRIENDS TO BE 931
NOTIFIED OF THE DETENTION, AND THE UNIT SHALL NOTIFY ALL OR A 932
REASONABLE NUMBER OF THOSE INDIVIDUALS. AN INDIVIDUAL WHO HAS 933
BEEN DETAINED SHALL NOT BE SUBJECT TO FORCIBLE ADMINISTRATION OF 934
ANTITUBERCULOSIS MEDICATION. THE INDIVIDUAL MAY, AT ANY TIME, 935
SUBMIT A REQUEST TO THE TUBERCULOSIS CONTROL UNIT TO BE RELEASED 936
FROM DETENTION.
DURING ANY PROCEEDING PERTAINING TO AN INDIVIDUAL'S 938
DETENTION OR PROPOSED DETENTION, THE INDIVIDUAL HAS THE RIGHT TO 939
BE REPRESENTED BY COUNSEL. IF THE INDIVIDUAL IS INDIGENT, THE 940
INDIVIDUAL MAY APPLY FOR COURT-APPOINTED COUNSEL. THE COURT MAY 941
APPOINT COUNSEL FOR THE INDIVIDUAL IF IT DETERMINES THAT THE 942
INDIVIDUAL IS INDIGENT.
Sec. 339.87. (A) WHEN A TUBERCULOSIS CONTROL UNIT HAS 944
REASONABLE GROUNDS TO BELIEVE THAT AN INDIVIDUAL WHO HAS, OR IS 945
SUSPECTED OF HAVING, ACTIVE TUBERCULOSIS POSES A SUBSTANTIAL 946
DANGER TO THE HEALTH OF OTHER INDIVIDUALS, THE TUBERCULOSIS 947
CONTROL UNIT MAY ISSUE AN EMERGENCY DETENTION ORDER DIRECTING A 948
SHERIFF OR OTHER LAW ENFORCEMENT OFFICER TO REMOVE THE INDIVIDUAL 949
TO A HOSPITAL OR OTHER PLACE TO BE EXAMINED AND TREATED FOR
23
TUBERCULOSIS. 950
(B) NOT LATER THAN THE END OF THE THIRD BUSINESS DAY AFTER 952
DETENTION OF AN INDIVIDUAL UNDER DIVISION (A) OF THIS SECTION, 953
THE TUBERCULOSIS CONTROL UNIT SHALL APPLY TO THE PROBATE COURT OF 954
THE COUNTY FROM WHICH THE INDIVIDUAL WAS REMOVED FOR A DETENTION 955
ORDER UNDER DIVISION (B) OF SECTION 339.86 OF THE REVISED CODE. 956
IF A REQUEST IS NOT FILED IN THAT TIME, THE INDIVIDUAL SHALL BE 957
IMMEDIATELY RELEASED. AN INDIVIDUAL RELEASED FOR THIS REASON 958
SHALL NOT BE DETAINED BY A SUBSEQUENT ORDER UNDER DIVISION (A) OF 959
THIS SECTION UNLESS THE TUBERCULOSIS CONTROL UNIT FIRST OBTAINS
AN ORDER FROM THE PROBATE COURT PURSUANT TO DIVISION (B) OF 960
SECTION 339.86 OF THE REVISED CODE. 961
Sec. 339.88. THE EXPENSES INCURRED FOR DETENTION UNDER 963
SECTION 339.86 OR 339.87 OF THE REVISED CODE SHALL BE PAID BY THE 964
INDIVIDUAL DETAINED OR IF THE INDIVIDUAL IS INDIGENT, BY THE 965
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY FROM WHICH THE 966
INDIVIDUAL WAS REMOVED. THE BOARD OF COUNTY COMMISSIONERS MAY 967
APPLY TO THE DIRECTOR OF HEALTH FOR REIMBURSEMENT UNDER SECTION 968
339.77 OF THE REVISED CODE FOR EXPENSES OF DETAINING INDIGENT
INDIVIDUALS WITH TUBERCULOSIS. 969
Sec. 339.89. SECTIONS 339.71 TO 339.88 OF THE REVISED 971
CODE, AND THE RULES FOR TUBERCULOSIS ADOPTED UNDER SECTION 972
3701.14 OF THE REVISED CODE, DO NOT REQUIRE A PERSON TO UNDERGO 973
TESTING, MEDICAL TREATMENT, OR DETENTION IN A HOSPITAL OR OTHER
PLACE FOR TREATMENT IF THE PERSON, OR, IN THE CASE OF A CHILD, 974
THE CHILD'S PARENTS, RELY EXCLUSIVELY ON SPIRITUAL TREATMENT 975
THROUGH PRAYER, IN LIEU OF MEDICAL TREATMENT, IN ACCORDANCE WITH 976
A RECOGNIZED, RELIGIOUS METHOD OF HEALING. THE PERSON MAY BE 977
QUARANTINED OR OTHERWISE SAFELY ISOLATED IN THE HOME OR ANOTHER
PLACE THAT IS SUITABLE TO THE HEALTH OF THE PERSON AND HAS BEEN 978
APPROVED BY THE TUBERCULOSIS CONTROL UNIT AS A PLACE THAT 979
PROVIDES APPROPRIATE PROTECTION TO OTHER PERSONS AND THE 980
COMMUNITY.
Sec. 3107.18. (A) Except when giving effect to such a 989
24
decree would violate the public policy of this state, a court 991
decree terminating the relationship of parent and child, or 992
establishing the relationship by adoption, issued pursuant to due 993
process of law by a court of any jurisdiction outside this state, 994
whether within or outside the United States, shall be recognized
in this state, and the rights and obligations of the parties as 995
to all matters within the jurisdiction of this state, including, 996
without limitation, those matters specified in section 3107.15 of 997
the Revised Code, shall be determined as though the decree were 998
issued by a court of this state. A decree or certificate of 1,000
adoption that is issued under the laws of a foreign country and
that is verified and approved by the immigration and 1,001
naturalization service of the United States shall be recognized 1,002
in this state. Nothing in this section prohibits a court from 1,003
issuing a final decree of adoption or interlocutory order of 1,004
adoption pursuant to section 3107.14 of the Revised Code for a 1,005
person the petitioner has adopted pursuant to a decree or 1,006
certificate of adoption recognized in this state that was issued 1,008
outside the United States. 1,009
(B) If a child born in a foreign country is placed with 1,011
adoptive parents or an adoptive parent in this state for the 1,012
purpose of adoption and if the adoption previously has been 1,013
finalized in the country of the child's birth, the adoptive 1,014
parent or parents may bring a petition in the probate court in 1,015
their county of residence, requesting that the court issue a
final decree of adoption or an interlocutory order of adoption 1,017
pursuant to section 3701.14 3107.14 of the Revised Code. In a 1,018
proceeding on the petition, proof of finalization of the adoption 1,020
outside the United States is prima-facie evidence of the consent 1,021
of the parties who are required to give consent even if the
foreign decree or certificate of adoption was issued with respect 1,022
to only one of two adoptive parents who seek to adopt the child 1,023
in this state.
(C) At the request of a person who has adopted a person 1,025
25
pursuant to a decree or certificate of adoption recognized in 1,026
this state that was issued outside the United States, the court 1,028
of the county in which the person making the request resides 1,029
shall order the department of health to issue a foreign birth 1,030
record for the adopted person under division (A)(4) of section 1,032
3705.12 of the Revised Code. The court may specify a change of 1,033
name for the child and, if a physician has recommended a revision 1,034
of the birth date, a revised birth date. The court shall send to 1,036
the department with its order a copy of the foreign adoption 1,037
decree or certificate of adoption and, if the foreign decree or 1,038
certificate of adoption is not in English, a translation 1,039
certified as to its accuracy by the translator and provided by 1,040
the person who requested the order.
Sec. 3313.55. The board of education of any school 1,049
district may establish such special schools as it deems necessary 1,050
for all persons who are afflicted with tuberculosis, and may 1,051
cause all youth, within such district, so afflicted, to be 1,052
excluded from the regular schools, and may provide for and pay 1,053
from the school funds, the expense of transportation of such 1,054
persons to and from such special schools. The board of any 1,055
school district in which is located a state, district, county, or 1,056
municipal hospital for children with tuberculosis or epilepsy or 1,057
any public institution, except state institutions for the care 1,058
and treatment of delinquent, unstable, or socially maladjusted 1,059
children, shall make provision for the education of all educable 1,060
children therein; except that in the event another school 1,061
district within the same county or an adjoining county is the 1,062
source of sixty per cent or more of the children in said hospital 1,063
or institution, the board of that school district shall make 1,064
provision for the education of all the children therein. In any 1,065
case IN WHICH A BOARD PROVIDES EDUCATIONAL FACILITIES UNDER THIS 1,066
SECTION, the board which THAT provides the educational facilities 1,068
shall be entitled to all moneys authorized for the attendance of 1,069
pupils as provided in Chapter 3317. of the Revised Code;, tuition 1,070
26
as provided in section 3317.08 of the Revised Code;, and such 1,071
additional compensation as is provided for crippled children in 1,072
sections 3323.01 to 3323.12 of the Revised Code. Any board which 1,073
THAT provides the educational facilities for children in county 1,074
or municipal institutions established for the care and treatment 1,075
of children who are delinquent, unstable, or socially maladjusted 1,076
shall not be entitled to any moneys provided for crippled 1,077
children in sections 3323.01 to 3323.12 of the Revised Code. 1,078
Sec. 3313.71. School physicians may make examinations, 1,088
which shall include tests to determine the existence of hearing 1,089
defects, and diagnoses of all children referred to them. They 1,090
may make such examination of teachers and other school employees 1,091
and inspection of school buildings as in their opinion the 1,092
protection of health of the pupils, teachers, and other school 1,093
employees requires. 1,094
Boards of education shall require and provide, in 1,096
accordance with section 3313.67 of the Revised Code, such tests 1,097
and examinations for tuberculosis of pupils in selected grades 1,098
and of school employees as may be required by the Ohio public 1,099
health council. 1,100
Boards may require annual tuberculin tests of any grades. 1,102
All pupils with positive reactions to the test shall have chest 1,103
x-rays and all positive reactions and x-ray findings shall be 1,104
reported promptly to the county record bureau of tuberculosis 1,105
cases provided for in section 339.42 339.74 of the Revised Code. 1,107
Boards shall waive the required test where a pupil presents a 1,108
written statement from his THE PUPIL'S family physician 1,109
certifying that such test has been given and that such pupil is 1,110
free from tuberculosis in a communicable stage, or that such test 1,111
is inadvisable for medical reasons, or from his THE PUPIL'S 1,112
parent or guardian objecting to such test because of religious 1,113
convictions.
Whenever a pupil, teacher, or other school employee is 1,115
found to be ill or suffering from tuberculosis in a communicable 1,116
27
stage or other communicable disease, the school physician shall 1,117
promptly send such pupil, teacher, or other school employee home, 1,118
with a statement, in the case of a pupil, to its THE PUPIL'S 1,119
parents or guardian, briefly setting forth the discovered facts, 1,120
and advising that the family physician be consulted. School 1,121
physcians PHYSICIANS shall keep accurate card-index records of 1,123
all examinations, and said records, that they may be uniform
throughout the state, shall be according to the form prescribed 1,124
by the state board of education, and the reports shall be made 1,125
according to the method of said form. If the parent or guardian 1,126
of any pupil or any teacher or other school employee, after 1,127
notice from the board of education, furnishes within two weeks 1,128
thereafter the written certificate of any reputable physician 1,129
that the pupil, teacher, or other school employee has been 1,130
examined, in such cases the service of the school physician shall 1,131
be dispensed with, and such certificate shall be furnished by 1,132
such parent or guardian, as required by the board of education. 1,133
Such individual records shall not be open to the public and shall 1,134
be solely for the use of the boards of education and boards of 1,135
health officer. If any teacher or other school employee is found 1,136
to have tuberculosis in a communicable stage or other 1,137
communicable disease, his THE TEACHER'S OR EMPLOYEE'S employment 1,138
shall be discontinued or suspended upon such terms as to salary 1,139
as the board deems just until the school physician has certified 1,141
to a recovery from such disease. The methods of making the 1,142
tuberculin tests and chest x-rays required by this section shall 1,143
be such as are approved by the director of health. 1,144
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 1,154
and (C) of this section, any student enrolled in kindergarten 1,155
more than half time shall be reported as one-half student under 1,156
this section.
(A) The superintendent of each city and exempted village 1,159
school district and of each educational service center shall, for 1,160
the schools under the superintendent's supervision, certify to 1,161
28
the state board of education on or before the fifteenth day of 1,162
October in each year for the first full school week in October 1,163
the formula ADM, which shall consist of the average daily 1,164
membership during such week of the sum of the following: 1,165
(1) On an FTE basis, the number of students in grades 1,168
kindergarten through twelve receiving any educational services 1,169
from the district, except that the following categories of 1,170
students shall not be included in the determination: 1,171
(a) Students enrolled in adult education classes; 1,173
(b) Adjacent or other district students enrolled in the 1,175
district under an open enrollment policy pursuant to section 1,176
3313.98 of the Revised Code; 1,177
(c) Students receiving services in the district pursuant 1,179
to a compact, cooperative education agreement, or a contract, but 1,180
who are entitled to attend school in another district pursuant to 1,181
section 3313.64 or 3313.65 of the Revised Code; 1,182
(d) Students for whom tuition is payable pursuant to 1,185
sections 3317.081 and 3323.141 of the Revised Code. 1,186
(2) On an FTE basis, the number of students entitled to 1,189
attend school in the district pursuant to section 3313.64 or 1,190
3313.65 of the Revised Code, but receiving educational services 1,192
in grades kindergarten through twelve from one or more of the
following entities: 1,193
(a) A community school pursuant to Chapter 3314. of the 1,196
Revised Code, including any participation in a college pursuant 1,197
to Chapter 3365. of the Revised Code while enrolled in such 1,198
community school;
(b) An alternative school pursuant to sections 3313.974 to 1,200
3313.979 of the Revised Code as described in division (I)(2)(a) 1,202
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 1,204
Code, except when the student is enrolled in the college while 1,205
also enrolled in a community school pursuant to Chapter 3314. of 1,206
the Revised Code;
29
(d) An adjacent or other school district under an open 1,209
enrollment policy adopted pursuant to section 3313.98 of the 1,210
Revised Code;
(e) An educational service center or cooperative education 1,213
district;
(f) Another school district under a cooperative education 1,216
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 1,218
joint vocational school district or under a vocational education 1,219
compact;
(4) The number of handicapped children, other than 1,221
handicapped preschool children, entitled to attend school in the 1,222
district pursuant to section 3313.64 or 3313.65 of the Revised 1,224
Code who are placed with a county MR/DD board, minus the number 1,227
of such children placed with a county MR/DD board in fiscal year 1,228
1998. If this calculation produces a negative number, the number 1,230
reported under division (A)(4) of this section shall be zero. 1,232
(B) To enable the department of education to obtain the 1,235
data needed to complete the calculation of payments pursuant to 1,236
this chapter, in addition to the formula ADM, each superintendent 1,238
shall report separately the following student counts: 1,239
(1) The total average daily membership in regular day 1,241
classes included in the report under division (A)(1) or (2) of 1,242
this section for kindergarten, and each of grades one through 1,243
twelve in schools under the superintendent's supervision; 1,245
(2) The number of all handicapped preschool children 1,249
enrolled as of the first day of December in classes in the 1,250
district that are eligible for approval by the state board of 1,251
education under division (B) of section 3317.05 of the Revised 1,252
Code and the number of those classes, which shall be reported not 1,253
later than the fifteenth day of December, in accordance with 1,254
rules adopted under that section; 1,255
(3) The number of children entitled to attend school in 1,257
the district pursuant to section 3313.64 or 3313.65 of the 1,258
30
Revised Code who are participating in a pilot project scholarship 1,260
program established under sections 3313.974 to 3313.979 of the 1,261
Revised Code as described in division (I)(2)(a) or (b) of this 1,263
section, are enrolled in a college under Chapter 3365. of the 1,264
Revised Code, except when the student is enrolled in the college 1,265
while also enrolled in a community school pursuant to Chapter 1,266
3314. of the Revised Code, are enrolled in an adjacent or other 1,267
school district under section 3313.98 of the Revised Code, are 1,268
enrolled in a community school established under Chapter 3314. of 1,270
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in 1,271
such community school, or are participating in a program operated 1,273
by a county MR/DD board or a state institution; 1,274
(4) The number of pupils enrolled in joint vocational 1,276
schools; 1,277
(5) The average daily membership of handicapped children 1,280
reported under division (A)(1) or (2) of this section receiving 1,281
category one special education services, described in division 1,282
(A) of section 3317.013 of the Revised Code; 1,283
(6) The average daily membership of handicapped children 1,285
reported under division (A)(1) or (2) of this section receiving 1,286
category two special education services, described in division 1,287
(B) of section 3317.013 of the Revised Code; 1,288
(7) The average daily membership of handicapped children 1,290
reported under division (A)(1) or (2) of this section identified 1,292
as having any of the handicaps specified in division (F)(3) of 1,293
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 1,295
division (A)(1) or (2) of this section enrolled in category one 1,296
vocational education programs or classes, described in division 1,297
(A) of section 3317.014 of the Revised Code, operated by the 1,298
school district or by another district, other than a joint 1,299
vocational school district, or by an educational service center; 1,300
(9) The average daily membership of pupils reported under 1,302
31
division (A)(1) or (2) of this section enrolled in category two 1,303
vocational education programs or services, described in division 1,304
(B) of section 3317.014 of the Revised Code, operated by the 1,305
school district or another school district, other than a joint 1,306
vocational school district, or by an educational service center; 1,307
(10) The average number of children transported by the 1,310
school district on board-owned or contractor-owned and -operated 1,311
buses, reported in accordance with rules adopted by the 1,313
department of education;
(11)(a) The number of children, other than handicapped 1,316
preschool children, the district placed with a county MR/DD board 1,317
in fiscal year 1998; 1,318
(b) The number of handicapped children, other than 1,320
handicapped preschool children, placed with a county MR/DD board 1,322
in the current fiscal year to receive category one special 1,323
education services, described in division (A) of section 3317.013 1,325
of the Revised Code; 1,326
(c) The number of handicapped children, other than 1,328
handicapped preschool children, placed with a county MR/DD board 1,330
in the current fiscal year to receive category two special 1,331
education services, described in division (B) of section 3317.013 1,333
of the Revised Code; 1,334
(d) The number of handicapped children, other than 1,336
handicapped preschool children, placed with a county MR/DD board 1,338
in the current fiscal year to receive category three special 1,339
education services, described in division (F)(3) of section 1,341
3317.02 of the Revised Code.
(C) Except as otherwise provided in this section for 1,343
kindergarten students, the average daily membership in divisions 1,344
(B)(1) to (9) of this section shall be based upon the number of 1,346
full-time equivalent students. The state board of education 1,347
shall adopt rules defining full-time equivalent students and for 1,348
determining the average daily membership therefrom for the 1,350
purposes of divisions (A), (B), and (D) of this section. No 1,351
32
child shall be counted as more than a total of one child in the 1,352
sum of the average daily memberships of a school district under 1,354
division (A), divisions (B)(1) to (9), or division (D) of this 1,355
section. Based on the information reported under this section, 1,357
the department of education shall determine the total student 1,358
count, as defined in section 3301.011 of the Revised Code, for
each school district. 1,359
(D)(1) The superintendent of each joint vocational school 1,361
district shall certify to the superintendent of public 1,363
instruction on or before the fifteenth day of October in each 1,364
year for the first full school week in October the formula ADM, 1,365
which shall consist of the average daily membership during such 1,367
week, on an FTE basis, of the number of students receiving any 1,369
educational services from the district, except that the following 1,370
categories of students shall not be included in the 1,371
determination:
(a) Students enrolled in adult education classes; 1,373
(b) Adjacent or other district joint vocational students 1,375
enrolled in the district under an open enrollment policy pursuant 1,376
to section 3313.98 of the Revised Code; 1,377
(c) Students receiving services in the district pursuant 1,379
to a compact, cooperative education agreement, or a contract, but 1,380
who are entitled to attend school in a city, local, or exempted 1,382
village school district whose territory is not part of the 1,383
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to 1,385
sections 3317.081 and 3323.141 of the Revised Code. 1,386
(2) To enable the department of education to obtain the 1,388
data needed to complete the calculation of payments pursuant to 1,389
this chapter, in addition to the formula ADM, each superintendent 1,390
shall report separately the average daily membership included in 1,391
the report under division (D)(1) of this section for each of the 1,392
following categories of students: 1,393
(a) Students enrolled in each grade included in the joint 1,395
33
vocational district schools; 1,396
(b) Handicapped children receiving category one special 1,398
education services, described in division (A) of section 3317.013 1,400
of the Revised Code;
(c) Handicapped children receiving category two special 1,402
education services, described in division (B) of section 3317.013 1,404
of the Revised Code;
(d) Handicapped children identified as having any of the 1,406
handicaps specified in division (F)(3) of section 3317.02 of the 1,408
Revised Code;
(e) Students receiving category one vocational education 1,410
services, described in division (A) of section 3317.014 of the 1,411
Revised Code;
(f) Students receiving category two vocational education 1,413
services, described in division (B) of section 3317.014 of the 1,414
Revised Code.
The superintendent of each joint vocational school district 1,416
shall also indicate the city, local, or exempted village school 1,418
district in which each joint vocational district pupil is 1,419
entitled to attend school pursuant to section 3313.64 or 3313.65 1,420
of the Revised Code.
(E) In each school of each city, local, exempted village, 1,422
joint vocational, and cooperative education school district there 1,423
shall be maintained a record of school membership, which record 1,424
shall accurately show, for each day the school is in session, the 1,425
actual membership enrolled in regular day classes. For the 1,426
purpose of determining average daily membership, the membership 1,427
figure of any school shall not include any pupils except those 1,428
pupils described by division (A) of this section. The record of 1,430
membership for each school shall be maintained in such manner 1,431
that no pupil shall be counted as in membership prior to the 1,432
actual date of entry in the school and also in such manner that 1,433
where for any cause a pupil permanently withdraws from the school 1,434
that pupil shall not be counted as in membership from and after 1,436
34
the date of such withdrawal. There shall not be included in the 1,437
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 1,440
a public high school;
(2) Any pupil who is not a resident of the state; 1,442
(3) Any pupil who was enrolled in the schools of the 1,445
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 1,446
not take one or more of the tests required by that section and 1,447
was not excused pursuant to division (C)(1) of that section; 1,448
(4) Any pupil who has attained the age of twenty-two 1,450
years, except for the following: 1,451
(a) Persons suffering from tuberculosis and receiving 1,453
treatment in any approved state, county, district, or municipal 1,454
tuberculosis hospital who have not graduated from the twelfth 1,455
grade of a public high school; 1,456
(b) Veterans VETERANS of the armed services whose 1,458
attendance was interrupted before completing the recognized 1,460
twelve-year course of the public schools by reason of induction 1,461
or enlistment in the armed forces and who apply for reenrollment 1,462
in the public school system of their residence not later than 1,463
four years after termination of war or their honorable discharge. 1,464
If, however, any veteran described by division (E)(4)(b) of 1,467
this section elects to enroll in special courses organized for 1,468
veterans for whom tuition is paid under the provisions of federal 1,469
laws, or otherwise, that veteran shall not be included in average 1,471
daily membership.
Notwithstanding division (E)(3) of this section, the 1,473
membership of any school may include a pupil who did not take a 1,474
test required by section 3301.0711 of the Revised Code if the 1,475
superintendent of public instruction grants a waiver from the 1,476
requirement to take the test to the specific pupil. The 1,477
superintendent may grant such a waiver only for good cause in 1,478
accordance with rules adopted by the state board of education. 1,479
35
Except as provided in division (B)(2) of this section, the 1,482
average daily membership figure of any local, city, exempted 1,483
village, or joint vocational school district shall be determined 1,484
by dividing the figure representing the sum of the number of 1,485
pupils enrolled during each day the school of attendance is 1,486
actually open for instruction during the first full school week 1,487
in October by the total number of days the school was actually 1,488
open for instruction during that week. For purposes of state 1,489
funding, "enrolled" persons are only those pupils who are 1,490
attending school, those who have attended school during the 1,491
current school year and are absent for authorized reasons, and 1,492
those handicapped children currently receiving home instruction. 1,493
The average daily membership figure of any cooperative 1,495
education school district shall be determined in accordance with 1,496
rules adopted by the state board of education. 1,497
(F)(1) If the formula ADM for the first full school week 1,500
in February is at least three per cent greater than that 1,501
certified for the first full school week in the preceding 1,502
October, the superintendent of schools of any city, exempted 1,503
village, or joint vocational school district or educational 1,505
service center shall certify such increase to the superintendent 1,506
of public instruction. Such certification shall be submitted no 1,507
later than the fifteenth day of February. For the balance of the 1,508
fiscal year, beginning with the February payments, the 1,509
superintendent of public instruction shall use the increased 1,510
formula ADM in calculating or recalculating the amounts to be 1,511
allocated in accordance with section 3317.022 or 3317.16 of the 1,513
Revised Code. In no event shall the superintendent use an 1,514
increased membership certified to the superintendent after the 1,515
fifteenth day of February. 1,516
(2) If on the first school day of April the total number 1,518
of classes or units for handicapped preschool children that are 1,521
eligible for approval under division (B) of section 3317.05 of 1,522
the Revised Code exceeds the number of units that have been 1,523
36
approved for the year under that division, the superintendent of 1,524
schools of any city, exempted village, or cooperative education 1,525
school district or educational service center shall make the 1,526
certifications required by this section for that day. If the 1,527
state board of education determines additional units can be 1,528
approved for the fiscal year within any limitations set forth in 1,529
the acts appropriating moneys for the funding of such units, the 1,531
board shall approve additional units for the fiscal year on the 1,532
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 1,533
computed in the manner prescribed in section 3317.161 or 3317.19 1,535
and section 3317.162 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a 1,537
special education program pursuant to section 3323.091 of the 1,538
Revised Code shall, for the programs under such superintendent's 1,540
supervision, certify to the state board of education the average 1,541
daily membership of all handicapped children in classes or 1,542
programs approved annually by the state board of education, in 1,543
the manner prescribed by the superintendent of public 1,544
instruction.
(b) The superintendent of an institution with vocational 1,547
education units approved under division (A) of section 3317.05 of 1,548
the Revised Code shall, for the units under the superintendent's 1,550
supervision, certify to the state board of education the average 1,551
daily membership in those units, in the manner prescribed by the 1,552
superintendent of public instruction. 1,553
(2) The superintendent of each county MR/DD board that 1,555
maintains special education classes or units approved by the 1,556
state board of education pursuant to section 3317.05 of the 1,558
Revised Code shall do both of the following: 1,559
(a) Certify to the state board, in the manner prescribed 1,562
by the board, the average daily membership in classes and units 1,563
approved under division (D)(1) of section 3317.05 of the Revised 1,564
Code for each school district that has placed children in the 1,565
37
classes or units;
(b) Certify to the state board, in the manner prescribed 1,567
by the board, the number of all handicapped preschool children 1,568
enrolled as of the first day of December in classes eligible for 1,569
approval under division (B) of section 3317.05 of the Revised 1,571
Code, and the number of those classes. 1,572
(3)(a) If during the first full school week in February 1,574
the average daily membership of the classes or units maintained 1,575
by the county MR/DD board that are eligible for approval under 1,576
division (D)(1) of section 3317.05 of the Revised Code is greater 1,578
than the average daily membership for the preceding October, the 1,579
superintendent of the board shall make the certifications 1,580
required by this section for such week. 1,581
(b) If on the first school day of April the number of 1,584
classes or units maintained for handicapped preschool children by 1,586
the county MR/DD board that are eligible for approval under 1,587
division (B) of section 3317.05 of the Revised Code is greater 1,588
than the number of units approved for the year under that 1,589
division, the superintendent shall make the certification 1,591
required by this section for that day.
(c) If the state board determines that additional classes 1,593
or units can be approved for the fiscal year within any 1,595
limitations set forth in the acts appropriating moneys for the 1,596
funding of the classes and units described in division (G)(3)(a) 1,597
or (b) of this section, the board shall approve and fund 1,599
additional units for the fiscal year on the basis of such average 1,600
daily membership. For each unit so approved, the department of 1,601
education shall pay an amount computed in the manner prescribed 1,602
in sections 3317.161 and 3317.162 of the Revised Code. 1,603
(H) Except as provided in division (I) of this section, 1,606
when any city, local, or exempted village school district 1,607
provides instruction for a nonresident pupil whose attendance is 1,608
unauthorized attendance as defined in section 3327.06 of the 1,609
Revised Code, that pupil's membership shall not be included in 1,610
38
that district's membership figure used in the calculation of that 1,611
district's formula ADM or included in the determination of any 1,612
unit approved for the district under section 3317.05 of the 1,613
Revised Code. The reporting official shall report separately the 1,614
average daily membership of all pupils whose attendance in the 1,615
district is unauthorized attendance, and the membership of each 1,616
such pupil shall be credited to the school district in which the 1,617
pupil is entitled to attend school under division (B) of section 1,618
3313.64 or section 3313.65 of the Revised Code as determined by 1,619
the department of education. 1,620
(I)(1) A city, local, exempted village, or joint 1,622
vocational school district admitting a scholarship student of a 1,625
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 1,626
average daily membership.
(2) In any year for which funds are appropriated for pilot 1,628
project scholarship programs, a school district implementing a 1,629
state-sponsored pilot project scholarship program that year 1,630
pursuant to sections 3313.974 through 3313.979 of the Revised 1,632
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 1,634
scholarship to attend kindergarten in any alternative school, as 1,635
defined in division (A)(9) of section 3313.974 of the Revised 1,636
Code;
(b) All children who were enrolled in the district in the 1,638
preceding year who are utilizing a scholarship to attend any such 1,639
alternative school. 1,640
(J) The superintendent of each cooperative education 1,642
school district shall certify to the superintendent of public 1,643
instruction, in a manner prescribed by the state board of 1,644
education, the applicable average daily memberships for all 1,645
students in the cooperative education district, also indicating 1,646
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the 1,647
39
Revised Code. 1,648
Sec. 3701.01. As used in sections 3701.01, 3701.04, 1,657
3701.08, 3701.09, and 3701.37 to 3701.45 of the Revised Code: 1,659
(A) "The federal act" means Title VI of the "Public Health 1,661
Service Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended. 1,662
(B) "The surgeon general" means the surgeon general of the 1,664
public health service of the United States or such other officer 1,665
or employee of the United States responsible for administration 1,666
of the federal act. 1,667
(C) "Hospital" includes public health centers and general, 1,669
tuberculosis, mental, chronic disease, and other types of 1,670
hospitals, and related facilities, such as laboratories, 1,671
outpatient departments, nurses' home facilities, extended care 1,672
facilities, self-care units, and central service facilities 1,673
operated in connection with hospitals, and also includes 1,674
education and training facilities for health professions 1,675
personnel operated as an integral part of a hospital, but does 1,676
not include any hospital furnishing primarily domiciliary care. 1,677
(D) "Public health center" means a publicly owned facility 1,679
for the housing of the public health services of a community and 1,680
one which makes available equipment to aid physicians in the 1,681
prevention, diagnosis, and treatment of disease. 1,682
(E) "Nonprofit hospital," or "nonprofit" as applied to a 1,684
facility, means any hospital or facility owned and operated by 1,685
one or more nonprofit corporations or associations no part of the 1,686
net earnings of which inures, or may lawfully inure, to the 1,687
benefit of any private shareholder or individual. 1,688
(F) "Medical facilities" means outpatient facilities, 1,690
rehabilitation facilities, and facilities for long-term care, 1,691
including nursing homes, as those terms are defined in the 1,692
federal act, and such other facilities for which federal aid may 1,693
be authorized under the federal act. 1,694
Sec. 3701.14. (A) The director of health shall make 1,703
inquiry as to the cause of disease, especially when contagious, 1,704
40
infectious, epidemic, or endemic, and take prompt action to 1,705
control and suppress it. The reports of births and deaths, the 1,706
sanitary conditions and effects of localities and employments, 1,707
the personal and business habits of the people, and the relation 1,708
of the diseases of man and beast, shall be subjects of study by 1,709
the director. The director may make and execute orders necessary 1,710
to protect the people against diseases of lower animals, and 1,711
shall collect and preserve information in respect to such matters 1,712
and kindred subjects as may be useful in the discharge of the 1,713
director's duties, and for dissemination among the people. When 1,715
called upon by the state or local governments, or the board of 1,716
health of a general or city health district, the director shall 1,717
promptly investigate and report upon the water supply, sewerage, 1,719
disposal of excreta of any locality, and the heating, plumbing, 1,720
and ventilation of a public building. 1,721
The (B) WITH REGARD TO TUBERCULOSIS, THE FOLLOWING APPLY: 1,723
(1) THE DIRECTOR SHALL MAKE PAYMENTS TO BOARDS OF COUNTY 1,725
COMMISSIONERS IN ACCORDANCE WITH SECTION 339.77 OF THE REVISED 1,726
CODE;
(2) THE director shall maintain registries of hospitals, 1,728
clinics, physicians, or other care providers to whom the director 1,730
shall refer persons who make inquiries to the department of 1,731
health regarding possible exposure to tuberculosis; 1,732
(3) THE DIRECTOR SHALL ENGAGE IN TUBERCULOSIS SURVEILLANCE 1,734
ACTIVITIES, INCLUDING THE COLLECTION AND ANALYSIS OF 1,736
EPIDEMIOLOGICAL INFORMATION RELATIVE TO THE FREQUENCY OF 1,737
TUBERCULOSIS INFECTION, DEMOGRAPHIC AND GEOGRAPHIC DISTRIBUTION 1,738
OF TUBERCULOSIS CASES, AND TRENDS PERTAINING TO TUBERCULOSIS; 1,739
(4) THE DIRECTOR SHALL MAINTAIN A TUBERCULOSIS REGISTRY TO 1,742
RECORD THE INCIDENCE OF TUBERCULOSIS IN THIS STATE;
(5) THE DIRECTOR MAY APPOINT PHYSICIANS TO SERVE AS 1,745
TUBERCULOSIS CONSULTANTS FOR GEOGRAPHIC REGIONS OF THE STATE 1,746
SPECIFIED BY THE DIRECTOR. EACH TUBERCULOSIS CONSULTANT SHALL 1,747
ACT IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE DIRECTOR AND 1,748
41
SHALL BE RESPONSIBLE FOR ADVISING AND ASSISTING PHYSICIANS AND 1,749
OTHER HEALTH CARE PRACTITIONERS WHO PARTICIPATE IN TUBERCULOSIS 1,750
CONTROL ACTIVITIES AND FOR REVIEWING MEDICAL RECORDS PERTAINING 1,751
TO THE TREATMENT PROVIDED TO INDIVIDUALS WITH TUBERCULOSIS. 1,752
(6) THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES 1,755
ESTABLISHING STANDARDS FOR THE FOLLOWING:
(a) PERFORMING TUBERCULOSIS SCREENINGS; 1,757
(b) PERFORMING EXAMINATIONS OF INDIVIDUALS WHO HAVE BEEN 1,759
EXPOSED TO TUBERCULOSIS AND INDIVIDUALS WHO ARE SUSPECTED OF 1,760
HAVING TUBERCULOSIS; 1,761
(c) PROVIDING TREATMENT TO INDIVIDUALS WITH TUBERCULOSIS; 1,763
(d) METHODS OF PREVENTING INDIVIDUALS WITH COMMUNICABLE 1,765
TUBERCULOSIS FROM INFECTING OTHER INDIVIDUALS; 1,766
(e) PERFORMING LABORATORY TESTS FOR TUBERCULOSIS AND 1,768
STUDIES OF THE RESISTANCE OF TUBERCULOSIS TO ONE OR MORE DRUGS; 1,769
(f) SELECTING LABORATORIES THAT PROVIDE IN A TIMELY 1,771
FASHION THE RESULTS OF A LABORATORY TEST FOR TUBERCULOSIS. THE 1,772
STANDARDS SHALL INCLUDE A REQUIREMENT THAT FIRST CONSIDERATION BE 1,773
GIVEN TO LABORATORIES LOCATED IN THIS STATE. 1,774
THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. 1,777
OF THE REVISED CODE AND SHALL BE CONSISTENT WITH ANY 1,778
RECOMMENDATIONS OR GUIDELINES ON TUBERCULOSIS ISSUED BY THE 1,779
UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION OR BY 1,780
THE AMERICAN THORACIC SOCIETY. THE RULES SHALL APPLY TO COUNTY 1,781
OR DISTRICT TUBERCULOSIS CONTROL UNITS, PHYSICIANS WHO EXAMINE 1,782
AND TREAT INDIVIDUALS FOR TUBERCULOSIS, AND LABORATORIES THAT 1,783
PERFORM TESTS FOR TUBERCULOSIS. 1,784
Sec. 3702.62. (A) Any action pursuant to section 140.03, 1,793
140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06, 1,794
339.08, 339.09, 339.12, 339.14, 339.21, 339.231, 339.24, 339.31, 1,795
339.36, 339.39, 513.05, 513.07, 513.08, 513.081, 513.12, 513.15, 1,797
513.17, 513.171, 749.02, 749.14, 749.16, 749.20, 749.25, 749.28, 1,798
749.35, 1751.06, or 3707.29 of the Revised Code shall be taken in 1,799
accordance with sections 3702.51 to 3702.61 of the Revised Code. 1,800
42
(B) A nursing home certified as an intermediate care 1,802
facility for the mentally retarded under Title XIX of the "Social 1,803
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 1,804
that is required to apply for licensure as a residential facility 1,805
under section 5123.19 of the Revised Code is not, with respect to 1,806
the portion of the home certified as an intermediate care
facility for the mentally retarded, subject to sections 3702.51 1,807
to 3702.61 of the Revised Code. 1,808
Sec. 3727.01. As used in this section, "health maintenance 1,817
organization" means a public or private organization organized 1,818
under the law of any state that is qualified under section 1,819
1310(d) of Title XIII of the "Public Health Service Act," 87 1,820
Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the 1,821
following: 1,822
(A) Provides or otherwise makes available to enrolled 1,824
participants health care services including at least the 1,825
following basic health care services: usual physician services, 1,826
hospitalization, laboratory, x-ray, emergency and preventive 1,827
service, and out-of-area coverage; 1,828
(B) Is compensated, except for copayments, for the 1,830
provision of basic health care services to enrolled participants 1,831
by a payment that is paid on a periodic basis without regard to 1,832
the date the health care services are provided and that is fixed 1,833
without regard to the frequency, extent, or kind of health 1,834
service actually provided; 1,835
(C) Provides physician services primarily in either of the 1,837
following ways: 1,838
(1) Directly through physicians who are either employees 1,840
or partners of the organization; 1,841
(2) Through arrangements with individual physicians or one 1,843
or more groups of physicians organized on a group-practice or 1,844
individual-practice basis. 1,845
As used in this chapter, "hospital" means an institution 1,847
classified as a hospital under section 3701.07 of the Revised 1,848
43
Code in which are provided to inpatients diagnostic, medical, 1,849
surgical, obstetrical, psychiatric, or rehabilitation care for a 1,850
continuous period longer than twenty-four hours; a tuberculosis 1,851
hospital; or a hospital operated by a health maintenance 1,852
organization. "Hospital" does not include a facility licensed 1,853
under Chapter 3721. of the Revised Code, a health care facility 1,854
operated by the department of mental health or the department of 1,855
mental retardation and developmental disabilities, a health 1,856
maintenance organization that does not operate a hospital, the 1,857
office of any private licensed health care professional, whether 1,858
organized for individual or group practice, or a clinic that 1,859
provides ambulatory patient services and where patients are not 1,860
regularly admitted as inpatients. "Hospital" also does not 1,861
include an institution for the sick that is operated exclusively 1,863
for patients who use spiritual means for healing and for whom the 1,864
acceptance of medical care is inconsistent with their religious 1,865
beliefs, accredited by a national accrediting organization,
exempt from federal income taxation under section 501 of the 1,866
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as 1,868
amended, and providing twenty-four hour nursing care pursuant to 1,869
the exemption in division (G) of section 4723.32 of the Revised 1,870
Code from the licensing requirements of Chapter 4723. of the 1,871
Revised Code.
Sec. 5705.01. As used in this chapter: 1,879
(A) "Subdivision" means any county; municipal corporation; 1,881
township; township police district; township fire district; joint 1,882
fire district; joint ambulance district; joint emergency medical 1,883
services district; fire and ambulance district; joint recreation 1,884
district; township waste disposal district; township road 1,885
district; community college district; technical college district; 1,886
detention home district; a district organized under section 1,887
2151.65 of the Revised Code; a combined district organized under 1,888
sections 2151.34 and 2151.65 of the Revised Code; a joint-county 1,889
alcohol, drug addiction, and mental health service district; a 1,890
44
drainage improvement district created under section 6131.52 of 1,891
the Revised Code; a union cemetery district; a county school 1,892
financing district; or a city, local, exempted village, 1,893
cooperative education, or joint vocational school district. 1,894
(B) "Municipal corporation" means all municipal 1,896
corporations, including those that have adopted a charter under 1,897
Article XVIII, Ohio Constitution. 1,898
(C) "Taxing authority" or "bond issuing authority" means, 1,900
in the case of any county, the board of county commissioners; in 1,901
the case of a municipal corporation, the council or other 1,902
legislative authority of the municipal corporation; in the case 1,903
of a city, local, exempted village, cooperative education, or 1,904
joint vocational school district, the board of education; in the 1,905
case of a community college district, the board of trustees of 1,906
the district; in the case of a technical college district, the 1,907
board of trustees of the district; in the case of a detention 1,908
home district, a district organized under section 2151.65 of the 1,909
Revised Code, or a combined district organized under sections 1,910
2151.34 and 2151.65 of the Revised Code, the joint board of 1,911
county commissioners of the district; in the case of a township, 1,912
the board of township trustees; in the case of a joint fire 1,913
district, the board of fire district trustees; in the case of a 1,914
joint recreation district, the joint recreation district board of 1,915
trustees; in the case of a joint-county alcohol, drug addiction, 1,916
and mental health service district, the district's board of 1,917
alcohol, drug addiction, and mental health services; in the case 1,918
of a joint ambulance district or a fire and ambulance district, 1,919
the board of trustees of the district; in the case of a union 1,921
cemetery district, the legislative authority of the municipal 1,922
corporation and the board of township trustees, acting jointly as 1,923
described in section 759.341 of the Revised Code; in the case of 1,924
a drainage improvement district, the board of county 1,925
commissioners of the county in which the drainage district is 1,926
located; in the case of a joint emergency medical services 1,927
45
district, the joint board of county commissioners of all counties 1,928
in which all or any part of the district lies; and in the case of 1,929
a township police district, a township fire district, a township 1,930
road district, or a township waste disposal district, the board 1,931
of township trustees of the township in which the district is 1,932
located. "Taxing authority" also means the educational service 1,933
center governing board that serves as the taxing authority of a 1,934
county school financing district as provided in section 3311.50 1,935
of the Revised Code. 1,936
(D) "Fiscal officer" in the case of a county, means the 1,938
county auditor; in the case of a municipal corporation, the city 1,939
auditor or village clerk, or such officer as, by virtue of the 1,940
charter, has the duties and functions of the city auditor or 1,941
village clerk, except that in the case of a municipal university 1,942
the board of directors of which have assumed, in the manner 1,943
provided by law, the custody and control of the funds of the 1,944
university, the chief accounting officer of the university shall 1,945
perform, with respect to the funds, the duties vested in the 1,946
fiscal officer of the subdivision by sections 5705.41 and 5705.44 1,947
of the Revised Code; in the case of a school district, the 1,948
treasurer of the board of education; in the case of a county 1,949
school financing district, the treasurer of the educational 1,950
service center governing board that serves as the taxing 1,952
authority; in the case of a township, the township clerk; in the 1,953
case of a joint fire district, the clerk of the board of fire 1,954
district trustees; in the case of a joint ambulance district, the 1,955
clerk of the board of trustees of the district; in the case of a 1,956
joint emergency medical services district, the person appointed 1,957
as fiscal officer pursuant to division (D) of section 307.053 of 1,958
the Revised Code; in the case of a fire and ambulance district, 1,959
the person appointed as fiscal officer pursuant to division (B)
of section 505.375 of the Revised Code; in the case of a joint 1,960
recreation district, the person designated pursuant to section 1,961
755.15 of the Revised Code; in the case of a union cemetery 1,962
46
district, the clerk of the municipal corporation designated in 1,963
section 759.34 of the Revised Code; in the case of a children's 1,964
home district, tuberculosis hospital district, educational 1,965
service center, general health district, joint-county alcohol, 1,967
drug addiction, and mental health service district, county 1,968
library district, detention home district, district organized 1,969
under section 2151.65 of the Revised Code, a combined district 1,970
organized under sections 2151.34 and 2151.65 of the Revised Code, 1,971
or a metropolitan park district for which no treasurer has been 1,972
appointed pursuant to section 1545.07 of the Revised Code, the 1,973
county auditor of the county designated by law to act as the 1,974
auditor of the district; in the case of a metropolitan park 1,975
district which has appointed a treasurer pursuant to section 1,976
1545.07 of the Revised Code, that treasurer; in the case of a 1,977
drainage improvement district, the auditor of the county in which 1,978
the drainage improvement district is located; and in all other 1,979
cases, the officer responsible for keeping the appropriation 1,980
accounts and drawing warrants for the expenditure of the moneys 1,981
of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any 1,983
property, asset, or improvement with an estimated life or 1,984
usefulness of five years or more, including land and interests 1,985
therein, and reconstructions, enlargements, and extensions 1,986
thereof having an estimated life or usefulness of five years or 1,987
more. 1,988
(F) "Current operating expenses" and "current expenses" 1,990
mean the lawful expenditures of a subdivision, except those for 1,991
permanent improvements, and except payments for interest, sinking 1,992
fund, and retirement of bonds, notes, and certificates of 1,993
indebtedness of the subdivision. 1,994
(G) "Debt charges" means interest, sinking fund, and 1,996
retirement charges on bonds, notes, or certificates of 1,997
indebtedness. 1,998
(H) "Taxing unit" means any subdivision or other 2,000
47
governmental district having authority to levy taxes on the 2,001
property in the district or issue bonds that constitute a charge 2,002
against the property of the district, including conservancy 2,003
districts, metropolitan park districts, sanitary districts, road 2,004
districts, and other districts. 2,005
(I) "District authority" means any board of directors, 2,007
trustees, commissioners, or other officers controlling a district 2,008
institution or activity that derives its income or funds from two 2,009
or more subdivisions, such as the educational service center, the 2,011
trustees of district tuberculosis hospitals and district 2,012
children's homes, the district board of health, a joint-county 2,013
alcohol, drug addiction, and mental health service district's 2,014
board of alcohol, drug addiction, and mental health services, 2,015
detention home districts, a joint recreation district board of 2,016
trustees, districts organized under section 2151.65 of the 2,017
Revised Code, combined districts organized under sections 2151.34 2,018
and 2151.65 of the Revised Code, and other such boards. 2,019
(J) "Tax list" and "tax duplicate" mean the general tax 2,021
lists and duplicates prescribed by sections 319.28 and 319.29 of 2,022
the Revised Code. 2,023
(K) "Property" as applied to a tax levy means taxable 2,025
property listed on general tax lists and duplicates. 2,026
(L) "School library district" means a school district in 2,028
which a free public library has been established that is under 2,029
the control and management of a board of library trustees as 2,030
provided in section 3375.15 of the Revised Code. 2,031
Sec. 5705.191. The taxing authority of any subdivision, 2,040
other than the board of education of a school district or the 2,041
taxing authority of a county school financing district, by a vote 2,042
of two-thirds of all its members, may declare by resolution that 2,043
the amount of taxes that may be raised within the ten-mill 2,044
limitation by levies on the current tax duplicate will be 2,045
insufficient to provide an adequate amount for the necessary 2,046
requirements of the subdivision, and that it is necessary to levy 2,047
48
a tax in excess of such limitation for any of the purposes in 2,048
section 5705.19 of the Revised Code, or to supplement the general 2,049
fund for the purpose of making appropriations for one or more of 2,050
the following purposes: public assistance, human or social 2,051
services, relief, welfare, hospitalization, health, and support 2,052
of general or tuberculosis hospitals, and that the question of 2,053
such additional tax levy shall be submitted to the electors of 2,054
the subdivision at a general, primary, or special election to be 2,055
held at a time therein specified. Such resolution shall not 2,056
include a levy on the current tax list and duplicate unless such 2,057
election is to be held at or prior to the general election day of 2,058
the current tax year. Such resolution shall conform to the 2,060
requirements of section 5705.19 of the Revised Code, except that 2,061
a levy to supplement the general fund for the purposes of public 2,062
assistance, human or social services, relief, welfare, 2,063
hospitalization, health, or the support of general or 2,064
tuberculosis hospitals may not be for a longer period than ten 2,065
years. All other levies under this section may not be for a 2,066
longer period than five years unless a longer period is permitted 2,067
by section 5705.19 of the Revised Code, and the resolution shall 2,068
specify the date of holding such election, which shall not be 2,069
earlier than seventy-five days after the adoption and 2,070
certification of such resolution. The resolution shall go into 2,071
immediate effect upon its passage and no publication of the same 2,072
is necessary other than that provided for in the notice of 2,073
election. A copy of such resolution, immediately after its 2,074
passage, shall be certified to the board of elections of the 2,075
proper county or counties in the manner provided by section 2,076
5705.25 of the Revised Code, and such section shall govern the 2,077
arrangements for the submission of such question and other 2,078
matters with respect to such election, to which section 5705.25 2,079
of the Revised Code refers, excepting that such election shall be 2,080
held on the date specified in the resolution, which shall be 2,081
consistent with the requirements of section 3501.01 of the 2,082
49
Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year 2,083
and provided that a special election may be held upon the same 2,084
day a primary election is held. Publication of notice of such 2,085
election shall be made in one or more newspapers of general 2,086
circulation in the county once a week for four consecutive weeks. 2,087
If a majority of the electors voting on the question vote 2,089
in favor thereof, the taxing authority of the subdivision may 2,091
make the necessary levy within such subdivision at the additional 2,092
rate or at any lesser rate outside the ten-mill limitation on the 2,093
tax list and duplicate for the purpose stated in the resolution. 2,094
Such tax levy shall be included in the next annual tax budget 2,095
that is certified to the county budget commission. 2,096
After the approval of such a levy by the electors, the 2,100
taxing authority of the subdivision may anticipate a fraction of 2,102
the proceeds of such levy and issue anticipation notes. In the 2,103
case of a continuing levy that is not levied for the purpose of
current expenses, notes may be issued at any time after approval 2,104
of the levy in an amount not more than fifty per cent of the 2,106
total estimated proceeds of the levy for the succeeding ten 2,107
years, less an amount equal to the fraction of the proceeds of 2,108
the levy previously anticipated by the issuance of anticipation 2,110
notes. In the case of a levy for a fixed period that is not for 2,111
the purpose of current expenses, notes may be issued at any time 2,112
after approval of the levy in an amount not more than fifty per 2,113
cent of the total estimated proceeds of the levy throughout the 2,114
remaining life of the levy, less an amount equal to the fraction 2,115
of the proceeds of the levy previously anticipated by the 2,116
issuance of anticipation notes. In the case of a levy for 2,117
current expenses, notes may be issued after the approval of the 2,118
levy by the electors and prior to the time when the first tax 2,119
collection from the levy can be made. Such notes may be issued 2,120
in an amount not more than fifty per cent of the total estimated 2,121
proceeds of the levy throughout the term of the levy in the case 2,122
50
of a levy for a fixed period, or fifty per cent of the total 2,123
estimated proceeds for the first ten years of the levy in the 2,124
case of a continuing levy.
No anticipation notes that increase the net indebtedness of 2,127
a county may be issued without the prior consent of the board of 2,128
county commissioners of that county. The notes shall be issued 2,129
as provided in section 133.24 of the Revised Code, shall have 2,130
principal payments during each year after the year of their 2,131
issuance over a period not exceeding the life of the levy 2,132
anticipated, and may have a principal payment in the year of 2,133
their issuance.
"Taxing authority" and "subdivision" have the same meanings 2,135
as in section 5705.01 of the Revised Code. 2,136
This section is supplemental to and not in derogation of 2,138
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 2,139
Sec. 5705.20. The board of county commissioners of any 2,148
county, in any year, after providing the normal and customary 2,149
percentage of the total general fund appropriations for the 2,150
support of tuberculosis hospitals, or for the care, treatment, 2,151
and maintenance of residents of the county who are suffering from 2,152
tuberculosis at hospitals with which the board has contracted 2,153
pursuant to section 339.20 THE TUBERCULOSIS TREATMENT SPECIFIED 2,154
UNDER SECTION 339.73 of the Revised Code, or for the support of 2,156
tuberculosis clinics established pursuant to section 339.36 or 2,157
section 339.39 339.76 of the Revised Code, by vote of two-thirds 2,159
of all the members of said board may declare by resolution that 2,160
the amount of taxes which may be raised within the ten-mill 2,161
limitation will be insufficient to provide an adequate amount for 2,162
the THAT support of tuberculosis hospitals, or for the care, 2,164
treatment, and maintenance of residents of the county who are 2,165
suffering from tuberculosis at hospitals with which the board has 2,166
contracted pursuant to such section, or for the support of 2,167
tuberculosis clinics established pursuant to such sections, and 2,168
that it is necessary to levy a tax in excess of the ten-mill
51
limitation to supplement such general fund appropriations for 2,169
such purpose, but the total levy for this purpose shall not 2,170
exceed sixty-five one hundredths of a mill. 2,171
Such resolution shall conform to section 5705.19 of the 2,173
Revised Code and be certified to the board of elections not less 2,174
than seventy-five days before the general election and submitted 2,175
in the manner provided in section 5705.25 of the Revised Code. 2,176
If the majority of electors voting on a levy to supplement 2,178
general fund appropriations for the support of tuberculosis 2,179
hospitals, or for the care, treatment, and maintenance of 2,180
residents of the county who are suffering from tuberculosis at 2,181
hospitals with which the board has contracted pursuant to section 2,182
339.20 THE TUBERCULOSIS TREATMENT SPECIFIED UNDER SECTION 339.73 2,184
of the Revised Code, or for the support of tuberculosis clinics 2,185
established pursuant to section 339.36 or 339.39 339.76 of the 2,186
Revised Code, vote in favor thereof, the board of said county may 2,187
levy a tax within such county at the additional rate in excess of 2,188
the ten-mill limitation during the period and for the purpose 2,189
stated in the resolution or at any less rate or for any of said 2,190
years. 2,191
IF A TAX WAS LEVIED UNDER THIS SECTION FOR THE SUPPORT OF 2,193
TUBERCULOSIS CLINICS BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT, 2,194
THE LEVY MAY BE RENEWED FOR THAT PURPOSE ON OR AFTER THE 2,195
EFFECTIVE DATE OF THIS AMENDMENT IN ACCORDANCE WITH SECTION 2,196
5705.25 OF THE REVISED CODE.
Sec. 5705.25. (A) A copy of any resolution adopted as 2,205
provided in section 5705.19 of the Revised Code shall be 2,206
certified by the taxing authority to the board of elections of 2,207
the proper county not less than seventy-five days before the 2,208
general election in any year, and the board shall submit the 2,209
proposal to the electors of the subdivision at the succeeding 2,210
November election. Except as otherwise provided in this 2,211
division, a resolution to renew an existing levy, regardless of 2,212
the section of the Revised Code under which the tax was imposed, 2,213
52
shall not be placed on the ballot unless the question is 2,214
submitted at the general election held during the last year the 2,215
tax to be renewed or replaced may be extended on the real and 2,216
public utility property tax list and duplicate, or at any 2,217
election held in the ensuing year. The limitation of the 2,218
foregoing sentence does not apply to a resolution to renew and 2,220
increase or to renew part of an existing levy that was imposed 2,221
under section 5705.191 of the Revised Code to supplement the 2,222
general fund for the purpose of making appropriations for one or 2,223
more of the following purposes: for public assistance, human or 2,224
social services, relief, welfare, hospitalization, health, and 2,225
support of general or tuberculosis hospitals. The limitation of 2,227
the second preceding sentence also does not apply to a resolution 2,228
that proposes to renew two or more existing levies imposed under 2,229
section 5705.21 of the Revised Code, in which case the question 2,230
shall be submitted on the date of the general or primary election 2,231
held during the last year at least one of the levies to be
renewed may be extended on the real and public utility property 2,232
tax list and duplicate, or at any election held during the 2,233
ensuing year. For purposes of this section, a levy shall be 2,234
considered to be an "existing levy" through the year following 2,235
the last year it can be placed on that tax list and duplicate. 2,236
The board shall make the necessary arrangements for the 2,239
submission of such questions to the electors of such subdivision, 2,240
and the election shall be conducted, canvassed, and certified in 2,241
the same manner as regular elections in such subdivision for the 2,242
election of county officers. Notice of the election shall be 2,243
published in a newspaper of general circulation in the 2,244
subdivision once a week for four consecutive weeks prior to the 2,245
election, stating the purpose, the proposed increase in rate, 2,246
expressed in dollars and cents for each one hundred dollars of 2,247
valuation as well as in mills for each one dollar of valuation, 2,248
the number of years during which the increase will be in effect, 2,249
the first month and year in which the tax will be levied, and the 2,251
53
time and place of the election.
(B) The form of the ballots cast at an election held 2,253
pursuant to division (A) of this section shall be as follows: 2,254
"An additional tax for the benefit of (name of subdivision 2,256
or public library) .......... for the purpose of (purpose stated 2,257
in the resolution) .......... at a rate not exceeding ...... 2,258
mills for each one dollar of valuation, which amounts to (rate 2,259
expressed in dollars and cents) ............ for each one hundred 2,260
dollars of valuation, for ...... (life of indebtedness or number 2,261
of years the levy is to run). 2,262
2,264
For the Tax Levy 2,265
2,266
Against the Tax Levy 2,267
" 2,268
(C) If the levy is to be in effect for a continuing period 2,271
of time, the notice of election and the form of ballot shall so 2,272
state instead of setting forth a specified number of years for 2,273
the levy. 2,274
If the tax is to be placed on the current tax list, the 2,276
form of the ballot shall be modified by adding, after the 2,277
statement of the number of years the levy is to run, the phrase 2,278
", commencing in .......... (first year the tax is to be levied), 2,280
first due in calendar year .......... (first calendar year in 2,281
which the tax shall be due)."
If the levy submitted is a proposal to renew, increase, or 2,283
decrease an existing levy, the form of the ballot specified in 2,284
division (B) of this section may be changed by substituting for 2,285
the words "An additional" at the beginning of the form, the words 2,287
"A renewal of a" in case of a proposal to renew an existing levy 2,288
in the same amount; the words "A renewal of ........ mills and an 2,289
increase of ...... mills to constitute a" in the case of an 2,290
increase; or the words "A renewal of part of an existing levy, 2,291
being a reduction of ...... mills, to constitute a" in the case 2,292
54
of a decrease in the proposed levy. 2,293
If the levy submitted is a proposal to renew two or more 2,295
existing levies imposed under section 5705.21 of the Revised 2,296
Code, the form of the ballot specified in division (B) of this 2,297
section shall be modified by substituting for the words "an 2,298
additional tax" the words "a renewal of ....(insert the number of 2,300
levies to be renewed) existing taxes."
The question covered by such resolution shall be submitted 2,302
as a separate proposition but may be printed on the same ballot 2,303
with any other proposition submitted at the same election, other 2,304
than the election of officers. More than one such question may 2,305
be submitted at the same election. 2,306
(D) A levy voted in excess of the ten-mill limitation 2,308
under this section shall be certified to the tax commissioner. 2,309
In the first year of the levy, it shall be extended on the tax 2,311
lists after the February settlement succeeding the election. If 2,312
the additional tax is to be placed upon the tax list of the 2,313
current year, as specified in the resolution providing for its 2,314
submission, the result of the election shall be certified 2,315
immediately after the canvass by the board of elections to the 2,316
taxing authority, who shall make the necessary levy and certify 2,317
it to the county auditor, who shall extend it on the tax lists 2,318
for collection. After the first year, the tax levy shall be 2,319
included in the annual tax budget that is certified to the county 2,320
budget commission.
Section 2. That existing sections 124.11, 329.05, 339.11, 2,322
339.16, 339.17, 339.38, 339.39, 339.42, 339.43, 3107.18, 3313.55, 2,323
3313.71, 3317.03, 3701.01, 3701.14, 3702.62, 3727.01, 5705.01, 2,324
5705.191, 5705.20, and 5705.25 and sections 339.20, 339.21, 2,326
339.22, 339.23, 339.231, 339.24, 339.25, 339.26, 339.27, 339.28, 2,327
339.29, 339.30, 339.31, 339.32, 339.33, 339.34, 339.35, 339.36, 2,328
339.37, 339.40, 339.41, 339.45, 339.46, 339.47, 339.50, 339.51, 2,330
339.52, 339.53, 339.54, 339.55, 339.56, 339.57, 339.58, 339.59, 2,332
339.60, 339.61, 339.62, 339.63, 339.64, 339.99, 3335.43, 3701.84, 2,333
55
and 3707.11 of the Revised Code are hereby repealed. 2,334
Section 3. Section 5705.01 of the Revised Code is 2,336
presented in this act as a composite of the section as amended by 2,337
both Am. Sub. H.B. 117 and Am. H.B. 192 of the 121st General 2,338
Assembly, with the new language of neither of the acts shown in 2,340
capital letters. This is in recognition of the principle stated 2,341
in division (B) of section 1.52 of the Revised Code that such 2,342
amendments are to be harmonized where not substantively 2,343
irreconcilable and constitutes a legislative finding that such is 2,344
the resulting version in effect prior to the effective date of 2,345
this act.